Public Act 90-0328 of the 90th General Assembly
Public Act 90-0328
HB0235 Enrolled LRB9000879DJcd
AN ACT concerning civic centers.
WHEREAS, Codification of laws relating to civic centers
will achieve the goals of (i) consolidating the many laws
relating to civic centers; (ii) updating the often obsolete
language currently in use in these many laws; (iii)
incorporating uniform terminology that will ensure a
constancy of understanding and interpretation of these laws;
and (iv) eliminating the need for duplicative language
throughout these laws; and
WHEREAS, The Illinois General Assembly seeks to achieve
these goals by consolidating the many civic center laws of
Illinois into a Civic Center Code, without making any
substantive changes in the meaning, effect, or application of
those laws; and
WHEREAS, Because this Act is a codification of existing
law, the following matters of form are used:
(a) in Articles 5 through 280, the parenthetic citation
before a Section in the form "(from XX ILCS XX/XX)" (i) is an
informational reference to the prior law from which the
Section is derived and (ii) is not part of the text of the
law;
(b) in Articles 5 through 280, in the text of a Section,
(i) matter that is stricken indicates a deletion from the
prior law and (ii) matter that is underscored indicates an
addition to the prior law; and
(c) in Articles 5 through 280, the parenthetic citation
after a Section in the form "(Source: P.A. XX-XXXX)" (i) is
an informational reference to the most recent sources of the
continued text in the Session Laws of Illinois and (ii) is
not part of the law; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1.
SHORT TITLE
Section 1-1. Short title. This Act may be cited as the
Civic Center Code.
ARTICLE 2.
STANDARD CIVIC CENTER PROVISIONS
Section 2-1. Scope of Article. This Article sets forth
standard provisions that apply to a civic center authority
only when the specific Section of this Article is
incorporated by reference into the Article authorizing that
civic center.
Section 2-3. Purpose. The purpose of this Article is to
accomplish the aims of the State of Illinois to enhance the
ability of its citizens to avail themselves of civic and
cultural centers geographically situated throughout the
entire State of Illinois.
Section 2-5. Definitions. In this Article:
"Authority" means the Authority as defined in the Article
creating the Authority, except that in the case of provisions
incorporated by reference into Article 25, in the context of
that incorporation by reference "Authority" means the
Committee as defined in Article 25.
"Governmental agency" means the federal government, the
State, any unit of local government or school district, and
any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, company, association or joint stock association;
and includes any trustee, receiver, assignee or personal
representative thereof.
"Board" means the governing and administrative body of
the Authority as defined in the Article creating the
Authority, except that in the case of provisions incorporated
by reference into Article 25, in the context of that
incorporation by reference "Board" means the Committee as
defined in Article 25.
"Metropolitan area", for an Authority created under this
Act, means the metropolitan area for the Authority as defined
in the Article creating the Authority.
Section 2-10. Lawsuits; common seal.
(a) The Authority may sue and be sued in its corporate
name but execution shall not in any case issue against any
property of the Authority.
(b) The Authority may adopt a common seal and change the
same at its pleasure.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. It shall be the duty of the
Authority to promote, operate and maintain expositions,
conventions, and theatrical, sports and cultural activities
from time to time in the metropolitan area and in connection
therewith to arrange, finance and maintain industrial,
cultural, educational, theatrical, sports, trade and
scientific exhibits and to construct, equip and maintain
auditorium, exposition, recreational and office buildings for
such purposes.
The provision of office space for lease and rental and
the lease of air space over and appurtenant to such
structures shall be deemed an integral function of the
Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-16. Duties; auditorium and other buildings;
lease of space. It shall be the duty of the Authority to
promote, operate and maintain expositions, conventions, and
theatrical, sports and cultural activities from time to time
in the metropolitan area and in connection therewith to
arrange, finance and maintain industrial, cultural,
educational, theatrical, sports, trade and scientific
exhibits and to construct, equip and maintain auditorium,
exposition and office buildings for such purposes.
The provision of office space for rental and lease and
the lease of air space over and appurtenant to such
structures shall be deemed an integral function of the
Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-17. Duties; auditorium and other buildings. It
shall be the duty of the Authority to promote, operate and
maintain expositions, conventions, or theatrical, sports or
cultural activities from time to time in the metropolitan
area and in connection therewith to arrange, finance and
maintain industrial, cultural, educational, theatrical,
sports, trade or scientific exhibits and to lease or
construct, equip and maintain auditoriums, exposition
buildings or office buildings for such purposes.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-20. Rights and powers, including eminent
domain. The Authority shall have the following rights and
powers:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
Section 2-21. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair or
exposition grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums, and to collect admission charges to fairs,
shows, exhibits and events sponsored or held by the
Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority and to pay
the principal of and the interest on any bonds issued by the
Authority.
Section 2-25. Incurring obligations. The Authority
shall not incur any obligations for salaries or for office or
administrative expenses except within the amounts of funds
that will be available to it when such obligations become
payable.
Section 2-30. Prompt payment. Purchases made under this
Article shall be made in compliance with the Local Government
Prompt Payment Act.
Section 2-35. Acquisition of property from person,
State, or local agency. The Authority shall have power (i)
to acquire and accept by purchase, lease, gift or otherwise
any property or rights useful for the Authority's purposes
from any person or persons, from any municipal corporation,
body politic, or agency of the State, or from the State
itself, (ii) to apply for and accept grants, matching
grants, loans or appropriations from the State of Illinois or
any agency or instrumentality thereof to be used for any of
the purposes of the Authority, and (iii) to enter into any
agreement with the State of Illinois in relation to such
grants, matching grants, loans or appropriations.
Section 2-36. Acquisition of property from person or
governmental agency. The Authority shall have the power (i)
to acquire and accept by purchase, lease, gift or otherwise
any property or rights from any person or governmental agency
useful for its purposes, (ii) to apply for and accept grants,
matching grants, loans or appropriations from the State of
Illinois or any agency or instrumentality thereof to be used
for any of the purposes of the Authority, and (iii) to enter
into any agreement with the State of Illinois in relation to
such grants, matching grants, loans or appropriations.
Section 2-40. Federal money. The Authority shall have
the power (i) to apply for and accept grants, matching
grants, loans or appropriations from the federal government
or any agency or instrumentality thereof to be used for any
of the purposes of the Authority and (ii) to enter into any
agreement with the federal government in relation to such
grants, matching grants, loans or appropriations.
Section 2-45. Insurance. The Authority shall have the
power to procure and enter into contracts for any type of
insurance and indemnity against loss or damage to property
from any cause, against loss of use and occupancy, against
employers' liability, against any act of any member, officer,
or employee of the Board or Authority in the performance of
the duties of the office or employment, and against any other
insurable risk.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. The Authority shall have continuing power to
borrow money for the purpose of carrying out and performing
its duties and exercising its powers under this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates not exceeding
the maximum rate permitted by the Bond Authorization Act, may
be in such form, may carry such registration privileges, may
be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner, and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds or interest
coupons appertaining thereto issued by the Authority may
bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its
officers, agents or employees of any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, to compel the Authority or any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, and cultural expositions, sports activities,
exhibitions, office rentals, and air space leases and rentals
and from other revenue, if any, the Authority may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and to readvertise for bids in
the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance. The Authority shall have
continuing power to borrow money for the purpose of carrying
out and performing its duties and exercising its powers under
this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by the Authority, and from funds, if any,
received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in the ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto, issued by the Authority may bring
mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or
any of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing,
regulating and operating the facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
The Authority shall have continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its powers under this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring
mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or
any of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4, it is and always has been
the intention of the General Assembly (i) that the Omnibus
Bond Acts are and always have been supplementary grants of
power to issue instruments in accordance with the Omnibus
Bond Acts, regardless of any provision of this Article that
may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section within the supplementary authority granted by
the Omnibus Bond Acts are not invalid because of any
provision of this Article that may appear to be or to have
been more restrictive than those Acts.
Section 2-55. Bonds; nature of indebtedness. Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois
or of any political subdivision of or municipality within the
State, nor shall any such bond or obligation be or become an
indebtedness of the Authority within the purview of any
constitutional limitation or provision, and it shall be
plainly stated on the face of each such bond that it does not
constitute such an indebtedness or obligation but is payable
solely from the revenues or income as provided in this
Article.
Section 2-60. Investment in bonds. The State and all
counties, cities, villages, incorporated towns and other
municipal corporations, political subdivisions and public
bodies, and public officers of any thereof; all banks,
bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan
associations, investment companies and other persons carrying
on an insurance business; and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest
any sinking funds, moneys or other funds belonging to them or
within their control in any bonds issued pursuant to this
Article, it being the purpose of this Section to authorize
the investment in such bonds of all sinking, insurance,
retirement, compensation, pension and trust funds, whether
owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
Section 2-65. Bonds other than revenue bonds. No bonds,
other than revenue bonds issued pursuant to Section 2-50,
shall be issued by the Authority until the proposition to
issue the bonds has been submitted to and approved by a
majority of the voters of the metropolitan area voting upon
the proposition at a general election in accordance with the
general election law. The Authority may by resolution order
the proposition submitted at a regular election in accordance
with the general election law, whereupon the recording
officer shall certify the resolution and the proposition to
the proper election officials for submission. Any
proposition to issue bonds under this Section shall be in
substantially the following form:
Shall bonds of the (name of Authority) to the amount
of $(amount) be issued for the purpose of (state
purpose)?
The votes shall be recorded as "Yes" or "No".
Section 2-70. Tax. If a majority of the voters of the
metropolitan area approve the issuance of bonds as provided
in Section 2-65, the Authority shall have power to levy and
collect annually a sum sufficient to pay for the annual
principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Upon the filing of
the ordinance the county clerk shall extend such tax;
provided the aggregate amount of taxes levied for any one
year shall not exceed the rate of .0005% of the full fair
cash value, as equalized or assessed by the Department of
Revenue.
Section 2-75. Board members; financial matters; conflict
of interest. The members of the Board shall serve without
compensation, but shall be reimbursed for actual expenses
incurred by them in the performance of their duties.
No member of the Board or employee of the Authority shall
have any private financial interest, profit or benefit in any
contract, work or business of the Authority or in the sale or
lease of any property to or from the Authority.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. The members of the Board shall serve without
compensation, but shall be reimbursed for actual expenses
incurred by them in the performance of their duties. However,
any member of the Board who is appointed to the office of
secretary or treasurer may receive compensation for his or
her services as such officer.
No member of the Board or employee of the Authority shall
have any private financial interest, profit or benefit in any
contract, work or business of the Authority or in the sale or
lease of any property to or from the Authority.
Section 2-80. Board members' oath. Within 30 days after
certification of appointment, and before entering upon the
duties of office, each member of the Board shall take and
subscribe the constitutional oath of office and file it in
the office of the Secretary of State.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer, in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member,
by registered United States mail, return requested, of a copy
of the written charges against the member and an opportunity
to be publicly heard in person or by counsel in the member's
own defense upon not less than 10 days' notice.
Section 2-85. Board members; vacancy in office. Members
of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from office; the resignation takes effect when the
member's successor has been appointed and has qualified.
In case of failure to qualify within the time required,
abandonment of office, death, conviction of a felony or
removal from office, a member's office shall become vacant.
Each vacancy shall be filled for the unexpired term by
appointment in like manner as in the case of expiration of
the term of a member of the Board.
Section 2-90. Organization of the Board. As soon as
practicably possible after the appointment of the initial
members, the Board shall organize for the transaction of
business, select a chairman and a temporary secretary from
its own number, and adopt by-laws and regulations to govern
its proceedings. The initial chairman and his successors
shall be elected by the Board from time to time for the term
of the chairman's office as a member of the Board or for the
term of 3 years, whichever is shorter.
Section 2-95. Meetings; action by 5 Board members.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to
be fixed by the Board.
Five members of the Board shall constitute a quorum for
the transaction of business. All actions of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 5 members shall be necessary for the adoption of any
ordinance or resolution.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-96. Meetings; action by 4 Board members.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to
be fixed by the Board.
Four members of the Board shall constitute a quorum for
the transaction of business. All actions of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 4 members shall be necessary for the adoption of any
ordinance or resolution.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-97. Board meetings; public records. Regular
meetings of the Board shall be held at least once in each
calendar month, the time and place of such meetings to be
fixed by the Board.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-100. Secretary; treasurer. The Board shall
appoint a secretary and a treasurer, who need not be members
of the Board, to hold office during the pleasure of the Board
and shall fix their duties and compensation. Before entering
upon the duties of their respective offices they shall take
and subscribe the constitutional oath of office, and the
treasurer shall execute a bond with corporate sureties to be
approved by the Board. The bond shall be payable to the
Authority in whatever penal sum may be directed upon the
faithful performance of the duties of the office and the
payment of all money received by the treasurer according to
law and the orders of the Board. The Board may, at any time,
require a new bond from the treasurer in a penal sum as may
then be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by the
insolvency, failure or closing of any national or state bank
wherein the treasurer has deposited funds if the bank has
been approved by the Board as a depositary for those funds.
The oaths of office and the treasurer's bond shall be filed
in the principal office of the Authority.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. The Board shall appoint
a secretary and a treasurer, who need not be members of the
Board, to hold office during the pleasure of the Board and
shall fix their duties and compensation. Before entering upon
the duties of their respective offices they shall take and
subscribe the constitutional oath of office, and the
treasurer shall execute a bond with corporate sureties to be
approved by the Board. The bond shall be payable to the
Authority in whatever penal sum may be directed upon the
faithful performance of the duties of the office and the
payment of all money received by the treasurer according to
law and the orders of the Board. The Board may, at any time,
require a new bond from the treasurer in such penal sum as
may then be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by the
insolvency, failure or closing of any savings and loan
association or national or State bank wherein the treasurer
has deposited funds if the bank or savings and loan
association has been approved by the Board as a depository
for those funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the Authority.
Section 2-105. Funds. All funds deposited by the
treasurer in any bank shall be placed in the name of the
Authority and shall be withdrawn or paid out only by check or
draft upon the bank, signed by the treasurer and
countersigned by the chairman of the Board. The Board may
designate any of its members or any officer or employee of
the Authority to affix the signature of the chairman and
another to affix the signature of the treasurer to any check
or draft for payment of salaries or wages and for payment of
any other obligation of not more than $2,500.
Section 2-106. Funds; compliance with Public Funds
Investment Act. All funds deposited by the treasurer in any
bank or savings and loan association shall be placed in the
name of the Authority and shall be withdrawn or paid out only
by check or draft upon the bank or savings and loan
association, signed by the treasurer and countersigned by the
chairman of the Board. The Board may designate any of its
members or any officer or employee of the Authority to affix
the signature of the chairman and another to affix the
signature of the treasurer to any check or draft for payment
of salaries or wages and for payment of any other obligation
of not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts. In case
any officer whose signature appears upon any check or draft
issued pursuant to this Article ceases to hold office after
attaching his or her signature and before the delivery of the
check or draft to the payee, that signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer had remained in office until
delivery.
Section 2-115. General manager; other appointments. The
Board may appoint a general manager who shall be a person of
recognized ability and business experience, to hold office
during the pleasure of the Board. The general manager shall
have management of the properties and business of the
Authority and of the employees thereof subject to the general
control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board,
and shall perform such other duties as may be prescribed from
time to time by the Board.
The Board may appoint a general attorney and a chief
engineer and shall provide for the appointment of such other
officers, attorneys, engineers, planners, consultants, agents
and employees as may be necessary. The Board shall define
their duties and require bonds of such of them as the Board
may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to this Section
shall be exempt from taking and subscribing any oath of
office and shall not be members of the Board.
The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys,
planners, consultants, agents and employees shall be fixed by
the Board.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. The Board shall have power to pass all
ordinances and make all rules and regulations proper or
necessary to carry into effect the powers granted to the
Authority, with such fines or penalties as may be deemed
proper. All fines and penalties shall be imposed by
ordinance, which shall be published in a newspaper of general
circulation published in the metropolitan area. No such
ordinance imposing a fine or penalty shall take effect until
10 days after its publication.
Section 2-122. Rules and regulations; penalties. The
Board shall have power to make all rules and regulations
proper or necessary to carry into effect the powers granted
to the Authority, with such penalties as may be deemed
proper.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public. Competitive bidding is not
required for the lease of real estate or buildings owned or
controlled by the Authority. The Board is empowered to offer
such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public. Competitive bidding is not
required for the lease of real estate or buildings owned or
controlled by the Authority. The Board is empowered to offer
such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. All contracts for sale of
property of the value of more than $2500, or for a concession
in or lease of property, including air rights, of the
Authority for a term of more than one year, shall be awarded
to the highest responsible bidder, after advertising for
bids. All construction contracts and contracts for supplies,
materials, equipment and services, when the expense thereof
will exceed $2500, shall be let to the lowest responsible
bidder, after advertising for bids, except: (1) when repair
parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for;
(2) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including, without limiting the generality of the
foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contract be awarded to any other than the
highest bidder (in case of sale, concession or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote. All contracts for the
sale of property of the value of more than $2,500 or for any
concession in or lease of property of the Authority for a
term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2,500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2,500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-130. Bids and advertisements. Advertisements
for bids shall be published at least twice in a daily
newspaper of general circulation published in the
metropolitan area, the last publication to be at least 10
calendar days before the time for receiving bids, and such
advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements shall state the time and place for
receiving and opening bids and, by reference to plans and
specifications on file at the time of the first publication,
or in the advertisement itself, shall describe the character
of the proposed contract in sufficient detail to fully advise
prospective bidders of their obligations and to ensure free
and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article relating to the awarding of contracts by the
Board.
Section 2-135. Report and financial statement. As soon
after the end of each fiscal year as may be expedient, the
Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and
of its assets and liabilities. A reasonably sufficient
number of copies of such report shall be printed for
distribution to persons interested upon request and a copy
thereof shall be filed with the county clerk and the
appointing officers.
Section 2-140. State financial support. The Authority
created by this Article shall receive financial support from
the State in the amounts provided for in Section 4 of the
Metropolitan Civic Center Support Act.
Section 2-145. Antitrust laws. The Authority is
expressly made the beneficiary of the provisions of Section 1
of the Local Government Antitrust Exemption Act, and the
General Assembly intends that the "State action exemption" to
the application of the federal antitrust laws be fully
available to the Authority to the extent its activities are
either (1) expressly or by necessary implication authorized
by this Article or other Illinois law or (2) within
traditional areas of local governmental activity.
Section 2-150. Tax exemption. All property of the
Authority shall be exempt from taxation by the State or any
taxing unit therein.
Section 2-155. Partial invalidity. If any provision of
this Article is held invalid such provision shall be deemed
to be excised from this Article and the invalidity thereof
shall not affect any of the other provisions of this Article.
If the application of any provision of this Article to any
person or circumstance is held invalid it shall not affect
the application of such provision to such persons or
circumstances other than those as to which it is held
invalid.
ARTICLE 5.
ALEDO CIVIC CENTER
(70 ILCS 220/1-2)
Section 5-1. Short title. Sec. 1-2. This Article shall be
known and may be cited as the Aledo Civic Center Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/1-3, in part)
Section 5-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Aledo Civic Center Authority.
"Board" means the governing and administrative body of
the Aledo Community Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Mercer
Township in the County of Mercer.
(Source: P.A. 85-1448.)
(70 ILCS 220/1-4, in part)
Section 5-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Aledo Community Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Aledo.
(Source: P.A. 84-245.)
(70 ILCS 220/1-14, in part)
Section 5-15. Board created. Sec. 1-14. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Aledo Civic
Center Authority Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(70 ILCS 220/1-15, in part)
Section 5-20. Board members appointed. Sec. 1-15. Within
60 days after September 3, 1985 (the effective date of
Article 1 of Public Act 84-245), this Article becomes
effective: the Mayor of the City of Aledo with the advice and
consent of the Aledo City Council shall appoint 3 members of
the Board for initial terms expiring June 1, 1986; 3 members
for initial terms expiring June 1, 1987; and 3 members for
initial terms expiring June 1, 1988. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/1-16, in part)
Section 5-25. Removal of Board members. Sec. 1-16. The
appointing officer, with the advice and consent of the Aledo
City Council, may remove any member of the Board appointed by
him, in case of incompetency, neglect of duty, or malfeasance
in office, after service on him, by registered United States
mail, return requested, of a copy of the written charges
against him and an opportunity to be publicly heard in person
or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 84-245.)
(70 ILCS 220/1-25, in part)
Section 5-30. Bidders; civil action to compel compliance.
Sec. 1-25. Any bidder who has submitted a bid in compliance
with the requirements for bidding under this Article may
bring a civil action in the circuit court of Mercer county in
which the metropolitan area is located to compel compliance
with the provisions of this Article Act relating to the
awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 5-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 10.
AURORA CIVIC CENTER
(70 ILCS 225/1)
Section 10-1. Short title. Sec. 1. This Article Act shall
be known and may be cited as the Aurora Civic Center Law of
1997 Act.
(Source: P.A. 78-927.)
(70 ILCS 225/2, in part)
Section 10-5. Definitions. Sec. 2. When used in this
Article Act:
"Authority" means Aurora Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Aurora Metropolitan Exposition, Auditorium and Office
Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Aurora and the Waubonsee Community College District #516
except for those portions lying within counties which have a
civic center authority within the corporate limits of such
counties.
(Source: P.A. 83-1456.)
(70 ILCS 225/3, in part)
Section 10-10. Authority created; principal office. Sec.
3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Aurora Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area. The principal
office of the Authority shall be in the City of Aurora.
(Source: P.A. 78-927.)
(70 ILCS 225/5)
Section 10-15. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office, educational and municipal buildings,
including sites and parking areas and facilities therefor
located within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 225/10)
Section 10-16. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring
mandamus, injunction, or other civil actions or and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of any
contract or covenant made by the Authority with the holders
of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority
shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 225/13)
Section 10-17. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
10-16 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Aurora YES
Metropolitan Exposition, Auditorium
and Office Building Authority" to ----------------------
the amount of.... Dollars ($ ) be
issued for the purpose of....? NO
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 225/14)
Section 10-18. Tax. Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 10-17 13 of this Act, the Authority shall
have power to levy and collect annually a sum sufficient to
pay for the annual principal and interest charges on such
bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 81-1509.)
(70 ILCS 225/15, in part)
Section 10-20. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Aurora
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 78-927.)
(70 ILCS 225/16, in part)
Section 10-25. Board members appointed. Sec. 16. Within
60 days after July 1, 1974 (the effective date of Public Act
78-927), this Act becomes effective the Mayor of Aurora, with
the advice and consent of the Aurora city council, shall
appoint 9 members of the board, 3 members to be appointed for
terms of 1 year, 3 members to be appointed for terms of 2
years, and 3 members to be appointed for terms of 3 years,
such terms commencing on the date each is appointed. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Aurora in like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 78-927.)
(70 ILCS 225/19, in part)
Section 10-30. Quorum; votes necessary for action. Sec.
19. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be
by ordinance or resolution and the affirmative vote of at
least 5 members shall be necessary for the adoption of any
ordinance or resolution.
(Source: P.A. 78-927.)
(70 ILCS 225/25, in part)
Section 10-35. Lease of real estate; competitive bidding
not required. Sec. 25. Competitive bidding is not required
for the lease of real estate or buildings owned or controlled
by the Authority on July 13, 1982 (the effective date of
Public this Amendatory Act 82-786). The Board is empowered
to offer such leases upon such terms as it deems advisable.
Section 10-40. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
ARTICLE 15.
BENTON CIVIC CENTER
(70 ILCS 230/1-2)
Section 15-1. Short title. Sec. 1-2. This Article shall
be known and may be cited as the Benton Civic Center Law of
1997.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-3, in part)
Section 15-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Benton Civic Center Authority.
"Board" means the governing and administrative body of
the Benton Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Benton in the County of Franklin.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-4, in part)
Section 15-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Benton Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Benton.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-14, in part)
Section 15-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Benton
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-15, in part)
Section 15-20. Board members appointed. Sec. 1-15. Within
60 days after January 1, 1989 (the effective date of Article
I of Public Act 85-1314) this Article becomes effective, the
Mayor of the City of Benton, with the advice and consent of
the Benton City Council, shall appoint 3 members of the Board
for initial terms expiring June 1, 1990; 3 members for
initial terms expiring June 1, 1991; and 3 members for
initial terms expiring June 1, 1992. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-16, in part)
Section 15-25. Removal of Board members. Sec. 1-16. The
Mayor of the City of Benton, with the advice and consent of
the Benton City Council, may remove any member of the Board
appointed by him or her, in case of incompetency, neglect of
duty or malfeasance in office, after service on the member,
by registered United States mail, return receipt requested,
of a copy of the written charges against him or her and an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon not less than 10 days notice.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-25, in part)
Section 15-30. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Franklin County in which the metropolitan area is located to
compel compliance with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 230/1-26)
Section 15-35. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayor of the City of Benton.
(Source: P.A. 85-1314.)
Section 15-40. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 20.
BLOOMINGTON CIVIC CENTER
(70 ILCS 235/2)
Section 20-1. Short title. Sec. 2. This Article Act shall
be known and may be cited as the Bloomington Civic Center
Authority Law of 1997 Act.
(Source: P.A. 80-1440.)
(70 ILCS 235/3, in part)
Section 20-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Bloomington Civic Center Authority.
"Board" means the governing and administrative body of
the Bloomington Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Bloomington.
(Source: P.A. 80-1440.)
(70 ILCS 235/4, in part)
Section 20-10. Authority created; principal office. Sec.
4. There is hereby created a unit of local government known
as the Bloomington Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Bloomington.
(Source: P.A. 80-1440.)
(70 ILCS 235/5)
Section 20-14. Sec. 5. Powers and Duties. It shall be
the duty of the Authority to promote, operate and maintain
expositions, conventions, theatrical, sports and cultural
activities from time to time in the metropolitan area and in
connection therewith to arrange, finance and maintain
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits and to construct, equip and maintain
auditoriums and exposition and office buildings and
associated facilities for such purposes.
The provision of office, hotel and restaurant space for
lease and rental and the lease of air space over and
appurtenant to such structures shall be deemed an integral
function of the Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/6)
Section 20-15. Rights and powers. Sec. 6. The Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and expositions
grounds, convention or exhibition centers, civic auditoriums,
office and municipal buildings, and associated facilities,
including but not limited to hotel and restaurant facilities;
and sites and parking areas and facilities therefor located
within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits, shows and events and to use, lease
as lessor, or allow the use of such grounds, centers,
auditoriums and associated facilities for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, auditoriums, associated
facilities, and parking areas and facilities in the manner
provided for the exercise of the right of eminent domain
under Article VII of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers, auditoriums and associated
facilities and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating any manner with the
objects and purposes of this Article Act.
(Source: P.A. 82-783.)
(70 ILCS 235/9)
Section 20-20. Federal money. Sec. 9. The Authority shall
have the power to apply for and accept grants, loans or
appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority and to enter into any agreement with the
federal government in relation to such grants, loans or
appropriations.
(Source: P.A. 80-1440.)
(70 ILCS 235/11)
Section 20-25. Borrowing; revenue bonds. Sec. 11. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum
payable semi-annually, may be in such form, may carry such
registration privileges, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to
compel the performance and observance by the Authority or any
of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the
money received from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% annually computed to absolute
maturity of said bonds according to standard tables of bond
values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertaking of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or
for admissions to its events, or from other revenue, if any,
the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be had by mandamus
proceedings in the circuit court to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such revenue bonds (excepting refunding bonds)
are sold the entire authorized issue, or any part thereof,
shall be offered for sale as a unit after advertising for
bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required
to be filed. Copies of such advertisement may be published
in any newspaper or financial publication in the United
States. All bids shall be sealed, filed and opened as
provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority
shall have the right to reject all bids and readvertise for
bids in the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 235/12)
Section 20-27. Bonds; nature of indebtedness. Sec. 12.
Under no circumstances shall any bonds issued by the
Authority under Section 20-25 11 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 80-1440.)
(70 ILCS 235/14)
Section 20-30. Sec. 14. General obligation bonds;
conditions. The Authority may borrow money for the purpose of
carrying out its duties and exercising its powers under this
Article Act, and issue its general obligation bonds as
evidence of the indebtedness incurred. In addition to other
purposes, such bonds may be issued for the purpose of
refunding outstanding general obligation or revenue bonds of
the Authority. Such general obligation bonds shall be in the
form, shall mature at the time (no later than 40 years from
the date of issuance), shall bear interest at the rates (not
to exceed the greater of (i) the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% per annum), shall be
executed by the officers, and shall be sold in the manner
that the Board shall determine; except that if issued to bear
interest at the greater of (i) the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) the rate of 8% per annum, the
bonds shall be sold for not less than par and accrued
interest, and that the selling prices of bonds bearing
interest at a rate of less than the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, or (ii) 8%
per annum shall be such that the interest cost to the
Authority of the money received from the sale of the bonds
shall not exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% annually
computed to absolute maturity of the bonds in accordance with
standard tables of bond values. In case any officer whose
signature appears on any bond ceases, after affixing his
signature, to hold office, his signature shall nevertheless
be valid and effective for all purposes.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/15)
Section 20-35. G.O. bonds; election. Sec. 15. General
obligation bonds of the Authority, shall not be issued until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area
voting upon the proposition at an election in accordance with
the general election law. Any such proposition shall be in
substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Bloomington
Civic Center Authority" YES
in the amount of ............... ------------------------
Dollars ($..........) be issued NO
for the purpose of ...............?
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 235/16)
Section 20-40. G.O. bonds; canvass of election returns.
Sec. 16. Any referendum required under Sections 20-30 and
20-35 14 or 15 of this Act shall be certified by the Board to
the proper election officials, who shall conduct the
referendum in accordance with the general election law. The
returns shall be filed with the secretary of the Board and
shall be canvassed and the results ascertained by the Board
and entered upon the records of the Authority.
(Source: P.A. 81-1489.)
(70 ILCS 235/17)
Section 20-45. Tax. Sec. 17. If a majority of the voters
of the said metropolitan area approve the issuance of bonds
as provided in Sections 20-30 14 and 20-35 15 of this Act,
the Authority shall have power to levy and collect annually a
sum sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax.
(Source: P.A. 80-1440.)
(70 ILCS 235/18, in part)
Section 20-50. Board created. Sec. 18. The governing and
administrative body of the Authority shall be a board
consisting of 5 members and shall be known as the Bloomington
Civic Center Authority Board.
(Source: P.A. 80-1440.)
(70 ILCS 235/19, in part)
Section 20-55. Board members appointed. Sec. 19. Within
60 days after September 15, 1978 (the effective date of
Public Act 80-1440), this Act becomes effective the Mayor of
Bloomington with the advice and consent of the Bloomington
city council shall appoint 5 members of the Board, one member
to be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 2 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. At the expiration of the term of any member,
his successor shall be appointed by the Mayor of Bloomington
in like manner. All successors shall hold office for a term
of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 80-1440.)
(70 ILCS 235/21)
Section 20-58. Organization of the Board. Sec. 21. As
soon as practicably possible after the appointment of the
initial members the Board shall organize for the transaction
of business, select a chairman, vice-chairman, and a
temporary secretary from its own number, and adopt by-laws
and regulations to govern its proceedings. The initial
chairman and his successors shall be elected by the Board
from time to time for the term of his office as a member of
the Board.
(Source: P.A. 80-1440.)
(70 ILCS 235/22, in part)
Section 20-60. Quorum; action by 3 Board members. Sec.
22. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 3 members shall be necessary for the adoption of any
ordinance or resolution.
(Source: P.A. 80-1440.)
(70 ILCS 235/24)
Section 20-62. Funds; compliance with Public Funds
Investment Act. Sec. 24. All funds deposited by the
treasurer in any bank or savings and loan association shall
be placed in the name of the Authority and shall be withdrawn
or paid out only by check or draft upon the bank or savings
and loan association, signed by the chairman, vice-chairman,
secretary or treasurer and countersigned by one of the same
officers, but no one officer shall both sign and countersign
a check or draft. The Board may designate any of its members
or any officer or employee of the Authority to affix the
signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of
salaries or wages and for payment of any other obligation of
not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 235/30)
Section 20-65. Report and financial statement. Sec. 30.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 80-1440.)
Section 20-70. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 25.
BOONE COUNTY
COMMUNITY BUILDING COMPLEX
(70 ILCS 260/1-1)
Section 25-1. Sec. 1-1. Short title. This Article may
be cited as the Community Building Complex Committee of Boone
County Law of 1997.
(Source: P.A. 87-230.)
(70 ILCS 260/1-5)
Section 25-5. Sec. 1-5. Purpose. The purpose of this
Article is to allow the Citizens of Boone County to maintain,
operate and enhance the existing community building complex
and property geographically situated in Belvidere, Illinois.
(Source: P.A. 87-230.)
(70 ILCS 260/1-10, in part)
Section 25-10. Sec. 1-10. Definitions. In this Article:
"Committee" means the Community Building Complex
Committee of Boone County.
"Committee" means the governing and administrative body
of the Community Building Complex Committee of Boone County.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Boone
County.
"Community organization" means a not for profit
organization that has been registered with this State for at
least 5 years as a not for profit organization, qualifies for
tax exempt status under Section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code of 1986, and has been established in
Boone County for at least 5 years; such as the YMCA and the
Boone County Arts Council.
(Source: P.A. 87-230.)
(70 ILCS 260/1-15, in part)
Section 25-15. Sec. 1-15. Creation of Committee.
(a) The Community Building Complex Committee of Boone
County is created as a political subdivision, body politic,
and municipal corporation.
(b) The principal office of the Committee shall be in
Boone County.
(Source: P.A. 87-230.)
(70 ILCS 260/1-20)
Section 25-20. Sec. 1-20. Duties. The Committee shall
promote, operate, and maintain civic meetings and theatrical,
sports, and cultural activities from time to time in the
Boone County area. In connection with its duties, the
Committee shall arrange, finance, and maintain industrial,
cultural, educational, theatrical, sports, trade, and
scientific exhibits and shall construct, equip, and maintain
auditorium, exposition, recreational, and office buildings
for those purposes. Providing office space for lease and
rental and leasing air space over and appurtenant to those
structures are integral functions of the Committee. The
Committee is granted all rights and powers necessary to
perform its duties.
(Source: P.A. 87-230.)
(70 ILCS 260/1-25)
Section 25-25. Sec. 1-25. Powers. The Committee has the
following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain the
Community Building Complex including sites, parking areas,
and commercial facilities for those structures, located
within Boone County.
(b) To plan for grounds, centers, and auditoriums; to
plan, sponsor, hold, arrange, and finance fairs, industrial,
cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds,
centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Committee or some
other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, grounds, centers, buildings,
and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Committee. The
charges collected may be made available to defray the
reasonable expenses of the Committee and to pay the principal
of and interest on any bonds issued by the Committee.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 87-230.)
(70 ILCS 260/1-35)
Section 25-27. Sec. 1-35. Acquisition of property. The
Committee has the power (i) to acquire and accept by
purchase, lease, gift, or otherwise any property or rights
from any person or persons, or from any municipal
corporation, or body politic, (ii) to apply for and accept
grants, matching grants, or loans from the State of Illinois
or any agency or instrumentality of the State to be used for
any of the purposes of the Committee other than capital
development, and (iii) to enter into any agreement with the
State of Illinois in relation to those grants, matching
grants, or loans.
(Source: P.A. 87-230.)
(70 ILCS 260/1-65)
Section 25-30. Sec. 1-65. Food and beverage tax.
(a) For the sole purpose of obtaining funds for the
support, construction, maintenance, or financing of a
facility of the Committee, the city council of the City of
Belvidere, within the city, and the county board of Boone
County, within those areas of the county outside the City of
Belvidere, may jointly impose a tax on the retail sale of
food and beverages that have been prepared for immediate
consumption. The tax shall not exceed the rate of 1% of the
selling price of such food and beverages. A tax imposed
under this Section shall be in addition to any other taxes
imposed on food and beverages.
(b) The purchaser of food and beverages shall be liable
for the payment of a tax imposed under this Section. The
city council of the City of Belvidere and the county board of
Boone County may, however, jointly require that any person
engaged in the business of making retail sales that are
subject to the tax must collect the tax and pay over the
proceeds of the tax as prescribed by ordinances of the city
council and county board.
(c) For the purposes of this Section, the support,
construction, maintenance, or financing of a facility of the
Committee may include the establishment of reserve funds and
the expenditure of funds under an intergovernmental agreement
for those purposes.
(d) The authority to impose a tax under this Section
terminates 10 years after the effective date of the ordinance
authorizing the tax unless (i) a continuation of the tax is
approved by the voters of Boone County by referendum
conducted in accordance with the general election law or (ii)
there are outstanding bonds of the Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-70, in part)
Section 25-35. Sec. 1-70. Creation of the Committee. The
governing and administrative body of the Committee shall
consist of 11 members and shall be known as the Community
Building Complex Committee. The members of the Committee
shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 87-230.)
(70 ILCS 260/1-75, in part)
Section 25-40. Sec. 1-75. Members of the Committee.
Within 60 days after September 3, 1991 (the effective date of
Article 1 of Public Act 87-230) this Article becomes
effective, the appointing authorities shall appoint the
initial members of the Committee as follows:
(1) The chairman of the county board of Boone
County, with the advice and consent of the county board,
shall appoint 2 members, one of whom shall not be a
member of the county board.
(2) The mayor of the City of Belvidere, with the
advice and consent of the city council, shall appoint 2
members, one of whom shall not be a member of the city
council.
(3) The supervisor of Belvidere Township, with the
advice and consent of the township board of trustees,
shall appoint one member.
(4) The boards of trustees of all townships within
Boone County, except Belvidere Township, shall
collectively appoint one member.
(5) The president of the Belvidere Park Board, with
the advice and consent of the park board, shall appoint
one member.
(6) The chairman of the county board of Boone
County, with the advice and consent of the county board,
shall appoint 2 members from nominations submitted by
community organizations.
(7) The school board of Belvidere Community Unit
School District Number 100 shall appoint one member.
(8) The school board of North Boone Community Unit
School District Number 200 shall appoint one member.
The initial members of the Committee shall serve for
terms determined by lot at the first meeting of the Committee
as follows: 4 members for a term of one year; 4 members for
a term of 2 years; and 3 members for a term of 3 years. The
successors of the initial members shall be appointed in like
manner for 3 year terms from the date of appointment, except
in case of an appointment to fill a vacancy for an unexpired
term.
(Source: P.A. 87-230.)
(70 ILCS 260/1-80, in part)
Section 25-45. Removal of Board members. Sec. 1-80.
Vacancy in office. The appointing authority may remove any
member of the Committee in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member,
by registered United States mail, return receipt requested,
of a copy of the written charges against the member and after
an opportunity to be publicly heard in person or by counsel
in his or her own defense upon being notified not less than
10 days before the hearing.
(Source: P.A. 87-230.)
(70 ILCS 260/1-90, in part)
Section 25-50. Quorum; action by 6 Board members;
approval by chairman. Sec. 1-90. Meetings; ordinances. Six
members of the Committee shall constitute a quorum for the
transaction of business. All actions of the Committee shall
be by ordinance or resolution, and the affirmative vote of at
least 6 members shall be necessary for the adoption of any
ordinance or resolution. Before taking effect, all
ordinances and resolutions shall be approved by the chairman
of the Committee by signing the ordinance or resolution. If
the chairman does not approve of an ordinance or resolution,
he shall return it to the Committee with written objections
at the next regular meeting of the Committee after the
passage of the ordinance or resolution. If the chairman
fails to return the ordinance or resolution with written
objections at that meeting, the ordinance or resolution takes
effect as if the chairman had approved it. Upon the return of
a resolution or ordinance by the chairman with written
objections, the Committee shall reconsider its vote. If upon
reconsideration the resolution or ordinance passes with at
least 7 votes, it shall take effect notwithstanding the veto
of the chairman.
(Source: P.A. 87-230.)
(70 ILCS 260/1-120)
Section 25-55. Sec. 1-120. Contracts.
(a) All contracts for the sale of property of a value of
more than $5,000 or for a concession in or lease of property,
including air rights, of the Committee for a term of more
than one year shall be awarded to the highest responsible
bidder after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense will exceed $5,000, shall be
let to the lowest responsible bidder after advertising for
bids, except (i) when repair parts, accessories, equipment,
or services are required for equipment or services previously
furnished or contracted for, (ii) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including without limitation
the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and
others possessing a high degree of skill, and (iii) when
services such as water, light, heat, power, telephone, or
telegraph are required.
(b) All contracts involving less than $5,000 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure insure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Committee.
The Committee is empowered to offer those leases upon terms
it deems advisable.
(c) In determining the responsibility of any bidder, the
Committee may take into account the past records of dealings
with the bidder, the bidder's experience, adequacy of
equipment, and ability to complete performance within the
time set, and other factors besides financial responsibility,
but in no case shall any contracts be awarded to any other
than the highest bidder (in case of sale, concession, or
lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at
least 7 members of the Committee and unless the action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Committee and
open to public inspection.
(d) Members of the Committee, officers and employees of
the Committee, and their relatives within the third degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Committee shall have the right to reject all
bids and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Committee may award the contract without
competitive bidding if the contract is not less advantageous
to the Committee than any valid bid received in response to
advertisement.
(f) The Committee shall adopt rules and regulations to
carry into effect the provisions of this Section.
(Source: P.A. 87-230.)
(70 ILCS 260/1-150)
Section 25-60. State appropriations for capital
development prohibited. Sec. 1-150. Prohibition. The
Committee is prohibited from receiving or accepting any funds
appropriated by the General Assembly to the Committee for the
purpose of capital development.
(Source: P.A. 87-230.)
Section 25-65. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 30.
BOWDRE TOWNSHIP CIVIC CENTER
(70 ILCS 305/3-1)
Section 30-1. Short title. Sec. 3-1. This Article shall
be known and may be cited as the Bowdre "Bowdre Township
Civic Center Law of 1997".
(Source: P.A. 85-793.)
(70 ILCS 305/3-2, in part)
Section 30-5. Definitions. Sec. 3-2. As used in this
Article, unless the context otherwise requires:
"Authority" means the Bowdre Township Metropolitan
Exposition, Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Bowdre Township Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory which lies
within the corporate boundaries of the Township of Bowdre, in
the County of Douglas.
(Source: P.A. 85-793.)
(70 ILCS 305/3-3, in part)
Section 30-10. Authority created; principal office. Sec.
3-3. There is hereby created a unit of local government
known as the Bowdre Township Metropolitan Exposition,
Auditorium and Office Building Authority in the metropolitan
area.
The principal office of the Authority shall be in the
Village of Hindsboro.
(Source: P.A. 85-793.)
(70 ILCS 305/3-11)
Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 85-793.)
(70 ILCS 305/3-12)
Section 30-13. Investment in bonds. Sec. 3-12. The
State and all counties, cities, villages, incorporated towns
and other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance business
and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds,
moneys or other funds belonging to them or within their
control in any bonds issued pursuant to this Article, it
being the purpose of this Section to authorize the investment
in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or
controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
(Source: P.A. 85-793.)
(70 ILCS 305/3-13, in part)
Section 30-15. Board created. Sec. 3-13. The governing
and administrative body of the Authority shall be known as
the Bowdre Township Metropolitan Exposition, Auditorium and
Office Building Board.
(Source: P.A. 85-793.)
(70 ILCS 305/3-14)
Section 30-20. Board members appointed. Sec. 3-14. The
Village President of Hindsboro and the Hindsboro Village
Board of Trustees shall constitute the Bowdre Township
Metropolitan Exposition, Auditorium and Office Building
Board. However, within 30 days after the effective date of
this amendatory Act of 1988, the Village President of
Hindsboro, with the advice and consent of the Hindsboro
Village Board of Trustees, shall appoint 2 members of the
Bowdre Township Board of Trustees to serve as additional
members of the Board. Before entering upon the duties of his
office, each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of
the Secretary of State.
(Source: P.A. 85-1371.)
(70 ILCS 305/3-15)
Section 30-25. Board members; concurrent offices. Sec.
3-15. Members of the Board shall hold office during their
term of office as the Village President of Hindsboro, on the
Hindsboro Village Board of Trustees or on the Bowdre Township
Board of Trustees. If any member appointed to the Board
pursuant to this amendatory Act of 1988 ceases to be a member
of the Bowdre Township Board of Trustees, a vacancy in his
office on the Board shall be deemed to have occurred, and
such vacancy shall be filled in the same manner as the
original appointment.
(Source: P.A. 85-1371.)
(70 ILCS 305/3-25)
Section 30-30. Report and financial statement. Sec. 3-25.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk and the
Village President of Hindsboro.
(Source: P.A. 85-793.)
Section 30-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 35.
BROWNSTOWN PARK
DISTRICT CIVIC CENTER
(70 ILCS 220/5-2)
Section 35-1. Short title. Sec. 5-2. This Article shall
be known and may be cited as the Brownstown Park District
Civic Center Law of 1997 Act.
(Source: P.A. 84-245.)
(70 ILCS 220/5-3, in part)
Section 35-5. Definitions. Sec. 5-3. When used in this
Article Act:
"Authority" means the Brownstown Park District Civic
Center Authority.
"Board" means the governing and administrative body of
the Brownstown Park District Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
Brownstown Park District in the County of Fayette.
(Source: P.A. 84-245.)
(70 ILCS 220/5-4, in part)
Section 35-10. Authority created; principal office. Sec.
5-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Brownstown Park District Civic Center Authority in the
metropolitan area.
The principal office of the Authority shall be in the
Village of Brownstown.
(Source: P.A. 84-245.)
(70 ILCS 220/5-14, in part)
Section 35-15. Board created. Sec. 5-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Brownstown
Park District Civic Center Authority Board. The members of
the board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/5-15, in part)
Section 35-20. Board members appointed. Sec. 5-15. Within
60 days after September 3, 1985 (the effective date of
Article 5 of Public Act 84-245), this Article becomes
effective: the President of the Village of Brownstown with
the advice and consent of the Village board of trustees shall
appoint 3 members of the Board for initial terms expiring
June 1, 1986; 3 members for initial terms expiring June 1,
1987; and 3 members for initial terms expiring June 1, 1988.
The successors of the initial members shall be appointed in
like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/5-16, in part)
Section 35-25. Removal of Board members. Sec. 5-16. The
appointing officer, with the advice and consent of the
village board of trustees, may remove any member of the Board
appointed by him, in case of incompetency, neglect of duty,
or malfeasance in office, after service on him, by registered
United States mail, return requested, of a copy of the
written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not
less than 10 days' notice.
(Source: P.A. 84-245.)
(70 ILCS 220/5-25, in part)
Section 35-30. Bidders; civil action to compel
compliance. Sec. 5-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
Fayette county in which the metropolitan area is located to
compel compliance with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 35-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 40.
CARBONDALE CIVIC CENTER
(70 ILCS 325/2-2)
Section 40-1. Short title. Sec. 2-2. This Article may be
cited as the Carbondale Civic Center Law of 1997.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/2-3, in part)
Section 40-5. Definitions. Sec. 2-3. When used in this
Article:
"Authority" means the Carbondale Civic Center Authority.
"Board" means the governing and administrative body of
the Carbondale Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Carbondale.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/2-4, in part)
Section 40-10. Authority created; principal office. Sec.
2-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Carbondale Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Carbondale.
(Source: P.A. 86-907.)
(70 ILCS 325/2-14, in part)
Section 40-15. Board created. Sec. 2-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Carbondale
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 86-907.)
(70 ILCS 325/2-15, in part)
Section 40-20. Board members appointed. Sec. 2-15. Within
60 days after September 11, 1989 (the effective date of
Article 2 of Public Act 86-907) this Act becomes effective,
the mayor of Carbondale, with the advice and consent of the
city council, shall appoint 3 members of the Board for
initial terms expiring June 1, 1990; 3 members for initial
terms expiring June 1, 1991; and 3 members for initial terms
expiring June 1, 1992. The successors of the initial members
shall be appointed in like manner for 3 year terms from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 86-907.)
(70 ILCS 325/2-16, in part)
Section 40-25. Removal of Board members. Sec. 2-16. The
mayor of Carbondale, with the advice and consent of the city
council, may remove any member of the Board appointed by him,
in case of incompetency, neglect of duty or malfeasance in
office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written
charges against him and an opportunity to be publicly heard
in person or by counsel in his own defense upon not less than
10 days notice.
(Source: P.A. 86-907.)
(70 ILCS 325/2-25, in part)
Section 40-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Jackson County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 86-907.)
Section 40-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 45.
CAVE IN ROCK TOWNSHIP CIVIC CENTER
(70 ILCS 240/1001)
Section 45-1. Sec. 1001. Short title. This Article may
be cited as the Cave in Rock Township Civic Center Law of
1997.
(Source: P.A. 86-1414.)
(70 ILCS 240/1003, in part)
Section 45-5. Sec. 1003. Definitions. In this Article:
"Authority" means the Cave in Rock Township Civic Center
Authority.
"Board" means the governing and administrative body of
the Cave in Rock Township Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Cave in
Rock Township in Hardin County.
(Source: P.A. 86-1414.)
(70 ILCS 240/1004, in part)
Section 45-10. Sec. 1004. Creation of Authority.
(a) The Cave in Rock Township Civic Center Authority is
created as a political subdivision, body politic, and
municipal corporation in the metropolitan area.
(b) The principal office of the Authority shall be in
Cave in Rock Township.
(Source: P.A. 86-1414.)
(70 ILCS 240/1006)
Section 45-12. Sec. 1006. Powers. The Authority has
the following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain
exhibition centers, civic auditoriums, cultural facilities,
and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within
the metropolitan area.
(b) To plan for grounds, centers, and auditoriums; to
plan, sponsor, hold, arrange, and finance fairs, industrial,
cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds,
centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Authority or some
other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, grounds, centers, buildings,
and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Authority. The
charges collected may be made available to defray the
reasonable expenses of the Authority and to pay the principal
of and interest on any bonds issued by the Authority.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-1414.)
(70 ILCS 240/1014, in part)
Section 45-15. Sec. 1014. Creation of the Board. The
governing and administrative body of the Authority shall be a
board consisting of 7 members and shall be known as the Cave
in Rock Township Civic Center Authority Board. The members
of the Board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 86-1414.)
(70 ILCS 240/1015, in part)
Section 45-20. Sec. 1015. Members of the Board appointed.
Within 60 days after September 11, 1990 (the effective date
of Article 1 of Public Act 86-1414) this Article becomes
effective, the village president of the village of Cave in
Rock, with the advice and consent of the corporate
authorities of the village of Cave in Rock, shall appoint 3
members of the Board for initial terms expiring June 1, 1991;
2 members for initial terms expiring June 1, 1992; and 2
members for initial terms expiring June 1, 1993. The
successors of the initial members shall be appointed in like
manner for 3 year terms from the date of appointment, except
in case of an appointment to fill a vacancy for an unexpired
term. At least 3 members of the Board shall be residents of
that part of the township of Cave in Rock outside the
corporate limits of the village of Cave in Rock. The
remaining members shall be residents of the village of Cave
in Rock.
(Source: P.A. 86-1414.)
(70 ILCS 240/1016, in part)
Section 45-25. Removal of Board members. Sec. 1016.
Vacancy in office. The village president of the village of
Cave in Rock, with the advice and consent of the corporate
authorities of the village of Cave in Rock, may remove any
member of the Board in case of incompetency, neglect of duty,
or malfeasance in office, after service on the member, by
registered United States mail, return receipt requested, of a
copy of the written charges against the member and after an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon being notified not less than 10
days before the hearing.
(Source: P.A. 86-1414.)
Section 45-30. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 50.
CENTRE EAST CIVIC CENTER
(70 ILCS 270/5-1)
Section 50-1. Short title. Sec. 5-1. This Article 5 shall
be known and may be cited as the Centre "Centre East Civic
Center Law of 1997 Act".
(Source: P.A. 83-1456.)
(70 ILCS 270/5-2, in part)
Section 50-5. Definitions. Sec. 5-2. As used in this
Article, unless the context otherwise requires:
"Authority" means the Centre East Metropolitan
Exposition, Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Centre East Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Niles
Township or any municipality a part of which lies within
Niles Township.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-3, in part)
Section 50-10. Authority created; principal office. Sec.
5-3. There is hereby created a unit of local government known
as the Centre East Metropolitan Exposition, Auditorium and
Office Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Skokie.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-10)
Section 50-15. Borrowing; revenue bonds. Sec. 5-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by the Authority, and from funds, if any,
received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place
or places, may be made subject to redemption in such manner
and upon such terms, with or without premium as is stated on
the face thereof, may be executed in such manner and may
contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears
on any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto, issued by
the Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing,
regulating and operating the facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-11)
Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-12)
Section 50-17. Investment in bonds. Sec. 5-12. The
State and all counties, cities, villages, incorporated towns
and other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance business
and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds,
moneys or other funds belonging to them or within their
control in any bonds issued pursuant to this Article Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-13, in part)
Section 50-20. Board created. Sec. 5-13. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Centre East
Metropolitan Exposition, Auditorium and Office Building
Board. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-14, in part)
Section 50-25. Board members appointed. Sec. 5-14. Within
60 days after September 17, 1984 (the effective date of
Article 5 of Public Act 83-1456) this Act becomes effective,
the Mayor of Skokie shall appoint 3 members of the Board, one
member to be appointed for a term of one year, one member to
be appointed for a term of 2 years, and one member to be
appointed for a term of 3 years; and the Township Supervisor
of Niles Township shall appoint 3 members of the Board, one
member to be appointed for a term of one year, one member to
be appointed for a term of 2 years, and one member to be
appointed for a term of 3 years; such terms commencing on the
date each is appointed. Within 90 days after September 17,
1984 this Act becomes effective, the 6 members of the Board
so appointed shall appoint the remaining 3 members of the
Board, one member to be appointed for a term of one year, one
member to be appointed for a term of 2 years, and one member
to be appointed for a term of 3 years; such terms commencing
on the date each is appointed. After September 1, 1990, upon
the expiration of the terms of the remaining 3 members of the
Board (formerly appointed by the other 6 members), their
successors shall thereafter be appointed by the Mayor of
Skokie. After September 1, 1990, all appointments made by
the Mayor of Skokie shall be made with the advice and consent
of the corporate authorities of Skokie, and all appointments
made by the Township Supervisor of Niles Township shall be
made with the advice and consent of the corporate authorities
of Niles Township. At the expiration of the term of any
member, his successor shall be appointed in like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 86-1414.)
(70 ILCS 270/5-25)
Section 50-30. Report and financial statement. Sec.
5-25. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk, the
Village of Skokie and the Township of Niles, and with the
clerk of any other municipality to whose mayor or village
president the power to appoint a member of the Board has been
delegated.
(Source: P.A. 83-1456.)
Section 50-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 55.
CHICAGO SOUTH CIVIC CENTER
(70 ILCS 245/1-2)
Section 55-1. Short title. Sec. 1-2. This Article may be
cited as the Chicago South Civic Center Law of 1997.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-3, in part)
Section 55-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Chicago South Civic Center
Authority.
"Board" means the governing and administrative body of
the Chicago South Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Harvey and the Villages of Flossmoor, Lansing, South
Holland, Homewood, East Hazel Crest, and Glenwood, together
with the territory within the boundaries of other Illinois
municipalities that become part of the metropolitan area as
provided in Section 55-15 1-13.1.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-4, in part)
Section 55-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Chicago South Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Harvey.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-13.1)
Section 55-15. Inclusion of contiguous territory within
metropolitan area. Sec. 1-13.1. A municipality that is
contiguous to the metropolitan area may, by ordinance,
request that its territory be included within the
metropolitan area. The request shall be made to the Board of
the Authority. If the Board, by ordinance, approves the
request, the territory of the requesting municipality shall
thereafter be part of the metropolitan area.
(Source: P.A. 87-738.)
(70 ILCS 245/1-14, in part)
Section 55-20. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be known as
the Chicago South Civic Center Authority Board. The members
of the Board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-15, in part)
Section 55-25. Board members appointed. On September 26,
1991 (Sec. 1-15. Upon the effective date of Public this
amendatory Act 87-738), of 1991 the terms of all the current
Board members shall expire. Within 60 days after that the
effective date of this amendatory Act of 1991, the mayor or
president, as the case may be, of each of the following
municipalities, with the advice and consent of the corporate
authorities of that municipality, shall appoint one member to
the Board, for a total of 7 members: Harvey, Flossmoor,
Lansing, South Holland, Homewood, East Hazel Crest, and
Glenwood. Two members shall serve for terms expiring June 1,
1993, 2 members for terms expiring June 1, 1994, and 3
members for terms expiring June 1, 1995. Terms of the members
shall be determined by lot at the first meeting of the Board
after all appointments are made. Within 60 days after the
territory of a municipality becomes part of the metropolitan
area as provided in Section 55-15 1-13.1, the mayor or
president, as the case may be, of that municipality, with the
advice and consent of the corporate authorities of that
municipality, shall appoint one member to the Board, who
shall be an additional member; that additional member shall
serve an initial term expiring on June 1 of the second
calendar year after appointment. The successors of the
members shall be appointed in like manner for 3 year terms
from the date of appointment, except in case of an
appointment to fill a vacancy. The Board may, by ordinance,
appoint from one to 5 additional members of the Board, those
additional members to serve at the pleasure of the Board.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-16)
Section 55-30. Board members; vacancy in office. Sec.
1-16. Members of the Board, except additional members
appointed by the Board, shall hold office until their
respective successors have been appointed and qualified. Any
member, except additional members appointed by the Board, may
resign from office to take effect when his or her successor
has been appointed and has qualified. An additional member
appointed by the Board may resign from office to take effect
upon the date the member specifies. The mayor or president,
as the case may be, with the advice and consent of the
corporate authorities of the municipality, may remove any
member of the Board appointed by him or her in case of
incompetency, neglect of duty or malfeasance in office, after
service on the member, by registered United States mail,
return receipt requested, of a copy of the written charges
against him or her and an opportunity to be publicly heard in
person or by counsel in his or her own defense upon not less
than 10 days notice. In case of failure to qualify within
the time required or of abandonment of office or in case of
death, conviction of a felony or removal from office, a
member's office shall become vacant. Each vacancy shall be
filled for the unexpired term by appointment in like manner,
as in case of expiration of the term of a member of the
Board.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-17)
Section 55-35. Organization of the Board. Sec. 1-17. As
soon as practicably possible after the appointment of the
members as provided in Public Act 87-738 this amendatory Act
of 1991, the Board shall organize for the transaction of
business, select a chairperson and a temporary secretary from
its own number and adopt by-laws and regulations to govern
its proceedings. The initial chairperson and his or her
successors shall be elected by the Board from time to time
for the term of his or her office as a member of the Board or
for the term of 3 years, whichever is shorter. Actions taken
by the Board before September 26, 1991 (the effective date of
Public this amendatory Act 87-738) of 1991 shall remain in
force until changed by the Board on or after that the
effective date of this amendatory Act of 1991.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-18, in part)
Section 55-40. Quorum; action by majority of Board
members. Sec. 1-18. A majority of all the appointed members
of the Board shall constitute a quorum for the transaction of
business. All actions of the Board shall be by ordinance or
resolution, and the affirmative vote of at least a majority
of all the appointed members shall be necessary for the
adoption of any ordinance or resolution.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-24)
Section 55-45. Contracts. Sec. 1-24. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property including air rights of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible and, in any event, in a manner calculated to insure
the best interests of the public. Competitive bidding is not
required for the lease of real estate or buildings owned or
controlled by the Authority. The Board is empowered to offer
such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, experience, adequacy of equipment, ability to
complete performance within the time set, and other factors
besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest
bidder (in case of sale, concession or lease) or the lowest
bidder (in case of purchase or expenditure) unless authorized
or approved by a vote of at least a majority of all the
appointed members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
Members of the Board, officers and employees of the
Authority and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid within the terms of the
advertisement shall be received, the Board may award such
contract without competitive bidding provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-25, in part)
Section 55-50. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of Cook
County in which the metropolitan area is located to compel
compliance with the provisions of this Article relating to
the awarding of contracts by the Board.
(Source: P.A. 86-8.)
(70 ILCS 245/1-26)
Section 55-55. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayor of the City of Harvey.
(Source: P.A. 86-8.)
Section 55-60. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 60.
COLLINSVILLE CIVIC CENTER
(70 ILCS 250/2)
Section 60-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the Collinsville Civic
Center Law of 1997 Act.
(Source: P.A. 83-1127.)
(70 ILCS 250/3, in part)
Section 60-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Collinsville Metropolitan
Exposition, Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Collinsville Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Collinsville.
(Source: P.A. 83-1127.)
(70 ILCS 250/4, in part)
Section 60-10. Authority created; principal office. Sec.
4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Collinsville Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area. The principal
office of the Authority shall be in the City of Collinsville.
(Source: P.A. 83-1127.)
(70 ILCS 250/13.1)
Section 60-15. Food and beverage tax. Sec. 13.1.
(a) For the sole purpose of obtaining funds for the
support, construction, maintenance or financing of a facility
of the Authority, the corporate authorities of the City of
Collinsville may impose a tax on the retail sale of food and
beverages that have been prepared for immediate consumption.
The tax shall not exceed the rate of 1% of the selling price
of such food and beverages. A tax imposed pursuant to this
Section shall be in addition to any other taxes imposed with
respect to such food and beverages.
(b) The purchaser of such food and beverages shall be
liable for the payment of a tax imposed pursuant to this
Section. However, the corporate authorities of the City of
Collinsville may require that any person engaged in the
business of making retail sales that are subject to the tax
collect the tax and pay over the proceeds of the tax as
prescribed by ordinance of the corporate authorities.
(c) If the corporate authorities of the City of
Collinsville determine that all persons engaged in the
business of making retail sales of such food and beverages
within the City of Collinsville will benefit from the
support, construction, maintenance or financing of the
facility for which the tax is imposed, the corporate
authorities shall impose the tax throughout the City. If,
however, the corporate authorities determine that only
persons engaged in such retail sales within a particular area
within the City of Collinsville will benefit from such
support, construction, maintenance or financing, the
corporate authorities shall by ordinance establish that area
as a special purpose district and shall impose the tax only
within the district. In such case the corporate authorities
of the City of Collinsville shall be the governing body of
the district and shall have the authority to impose the tax
pursuant to this Section and expend revenues from the tax for
the purposes specified in this Section.
(d) For purposes of this Section, the support,
construction, maintenance or financing of a facility of the
Authority may include the establishment of reserve funds and
the expenditure of funds pursuant to an intergovernmental
agreement for such purposes.
(Source: P.A. 85-1006.)
(70 ILCS 250/14, in part)
Section 60-20. Board created. Sec. 14. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the
Collinsville Metropolitan Exposition Auditorium and Office
Building Board. The members of the board shall be individuals
of generally recognized ability and integrity.
(Source: P.A. 86-1017.)
(70 ILCS 250/15, in part)
Section 60-25. Board members appointed. Sec. 15. Within
60 days after January 1, 1985 (the effective date of Public
Act 83-1127), this Act becomes effective the Mayor of
Collinsville with the advice and consent of the Collinsville
City Council shall appoint 9 members of the Board, 3 members
to be appointed for a term of one year, 3 members to be
appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. One of the members appointed may be a
representative from the Collinsville City Council. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Collinsville in a like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 86-1017.)
Section 60-30. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 65.
COLUMBIA CIVIC CENTER
(70 ILCS 255/2001)
Section 65-1. Sec. 2001. Short title. This Article may
be cited as the Columbia Civic Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 255/2003, in part)
Section 65-5. Sec. 2003. Definitions. In this Article:
"Authority" means the Columbia Civic Center Authority.
"Board" means the governing and administrative body of
the Columbia Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the city
of Columbia in Monroe County.
(Source: P.A. 86-1414.)
(70 ILCS 255/2004, in part)
Section 65-10. Sec. 2004. Creation of Authority. (a) The
Columbia Civic Center Authority is created as a political
subdivision, body politic, and municipal corporation in the
metropolitan area. (b) The principal office of the Authority
shall be in the City of Columbia.
(Source: P.A. 86-1414.)
(70 ILCS 255/2006)
Section 65-12. Sec. 2006. Powers. The Authority has the
following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain
exhibition centers, civic auditoriums, cultural facilities,
and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within
the metropolitan area.
(b) To plan for grounds, centers, and auditoriums; to
plan, sponsor, hold, arrange, and finance fairs, industrial,
cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds,
centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Authority or some
other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, grounds, centers, buildings,
and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Authority. The
charges collected may be made available to defray the
reasonable expenses of the Authority and to pay the principal
of and interest on any bonds issued by the Authority.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-1414.)
(70 ILCS 255/2014, in part)
Section 65-15. Sec. 2014. Creation of the Board. The
governing and administrative body of the Authority shall be a
board consisting of 7 members and shall be known as the
Columbia Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-1414.)
(70 ILCS 255/2015, in part)
Section 65-20. Sec. 2015. Members of the Board appointed.
Within 60 days after September 11, 1990 (the effective date
of Article 2 of Public Act 86-1414) this Article becomes
effective, the mayor of Columbia, with the advice and consent
of the Columbia city council, shall appoint 3 members of the
Board for initial terms expiring June 1, 1991; 2 members for
initial terms expiring June 1, 1992; and 2 members for
initial terms expiring June 1, 1993. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy for an unexpired term.
(Source: P.A. 86-1414.)
(70 ILCS 255/2016, in part)
Section 65-25. Removal of Board members. Sec. 2016.
Vacancy in office. The mayor of Columbia, with the advice and
consent of the Columbia city council, may remove any member
of the Board in case of incompetency, neglect of duty, or
malfeasance in office, after service on the member, by
registered United States mail, return receipt requested, of a
copy of the written charges against the member and after an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon being notified not less than 10
days before the hearing.
(Source: P.A. 86-1414.)
Section 65-30. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 70.
CRYSTAL LAKE CIVIC CENTER
(70 ILCS 305/2-2)
Section 70-1. Short title. Sec. 2-2. This Article shall
be known and may be cited as the Crystal Lake Civic Center
Law of 1997.
(Source: P.A. 85-793.)
(70 ILCS 305/2-3, in part)
Section 70-5. Definitions. Sec. 2-3. When used in this
Article:
"Authority" means the Crystal Lake Civic Center
Authority.
"Board" means the governing and administrative body of
the Crystal Lake Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
municipality of Crystal Lake in the County of McHenry.
(Source: P.A. 87-1208.)
(70 ILCS 305/2-4, in part)
Section 70-10. Authority created; principal office. Sec.
2-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Crystal Lake Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Crystal Lake.
(Source: P.A. 85-793.)
(70 ILCS 305/2-14, in part)
Section 70-15. Board created. Sec. 2-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Crystal
Lake Civic Center Authority Board. The members of the Board
shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 85-793.)
(70 ILCS 305/2-15, in part)
Section 70-20. Board members appointed. Sec. 2-15.
Within 60 days after January 1, 1988 (the effective date of
Article II of Public Act 85-793) this Article becomes
effective, the Mayor of the City of Crystal Lake, with the
advice and consent of the Crystal Lake City Council, shall
appoint 3 members of the Board for initial terms expiring
June 1, 1988; 3 members for initial terms expiring June 1,
1989; and 3 members for initial terms expiring June 1, 1990.
The successors of the initial members shall be appointed in
like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy.
(Source: P.A. 85-793.)
(70 ILCS 305/2-16, in part)
Section 70-25. Removal of Board members. Sec. 2-16. The
appointing officer, with the advice and consent of the
Crystal Lake City Council, may remove any member of the Board
appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered
United States mail, return receipt requested, of a copy of
the written charges against him and an opportunity to be
publicly heard in person or by counsel in his own defense
upon not less than 10 days notice.
(Source: P.A. 85-793.)
(70 ILCS 305/2-25, in part)
Section 70-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
McHenry County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 85-793.)
Section 70-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 75.
DECATUR CIVIC CENTER
(70 ILCS 265/1.1)
Section 75-1. Short title. Sec. 1.1. This Article may be
cited Act shall be known as the Decatur Civic Center Law of
1997 "Decatur and Vermilion County Civic Centers Act".
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/1)
Section 75-5. Purpose. Sec. 1. It is the purpose of this
Article Act to provide for a 2 separate Metropolitan
Exposition, Auditorium and Office Building Authority
Authorities, one in Decatur and one in Vermilion County.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/2, in part)
Section 75-10. Definitions. In this Article: Sec. 2.
"Authority" means the Decatur Metropolitan Exposition,
Auditorium and Office Building Authority. The term also means
the Vermilion County Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of
the Decatur Metropolitan Exposition, Auditorium and Office
Building Authority. The term also means the governing and
administrative body of the Vermilion County Metropolitan
Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Decatur or the County of Vermilion, as the case may be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/3, in part)
Section 75-15. Authority created; principal office. Sec.
3. There is hereby created a unit of local government known
as the Decatur or Vermilion County, as the case may be,
Metropolitan Exposition, Auditorium and Office Building
Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Decatur or the County of Vermilion, as the case may
be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/5)
Section 75-20. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 82-783.)
(70 ILCS 265/11)
Section 75-25. Bonds; nature of indebtedness. Sec. 11.
Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 79-794.)
(70 ILCS 265/12)
Section 75-30. Investment in bonds. Sec. 12. The State
and all counties, cities, villages, incorporated towns and
other units of local government and public bodies, and public
officers of any thereof; , all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance
business; and all executors, administrators, guardians,
trustees and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within
their control in any bonds issued pursuant to this Article
Act, it if being the purpose of this Section to authorize the
investment in such bonds of all sinking, insurance,
retirement, compensation, pension and trust funds, whether
owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
(Source: P.A. 79-794.)
(70 ILCS 265/13)
Section 75-35. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Decatur
(or Vermilion County, as the case YES
may be) Metropolitan Exposition,
Auditorium and Office Building -------------------------
Authority" to the amount of
........ Dollars ($ ) be NO
issued for the purpose of
..........?
-------------------------------------------------------------
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/14)
Section 75-40. Tax. Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 75-35 13 of this Act, the Authority shall
have power to levy and collect annually a sum sufficient to
pay for the annual principal and interest charges on such
bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
If the Vermilion County Metropolitan Exposition,
Auditorium and Office Building Authority has made an
intergovernmental cooperation agreement with other units of
local government that provides that the tax shall be levied
only in part of the metropolitan area, then the tax shall be
levied only in the part of the metropolitan area as provided
in the agreement.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/15, in part)
Section 75-45. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board and
shall be known as the Decatur Metropolitan Exposition,
Auditorium and Office Building Board and or the Vermilion
County Metropolitan Exposition, Auditorium and Office
Building Board, as the case may be. The Decatur Metropolitan
Exposition, Auditorium and Office Building Board shall
consist of 9 members. The Vermilion County Exposition,
Auditorium and Office Building Board shall consist of 12
members.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/16, in part)
Section 75-50. Board members appointed. Sec. 16. Within
60 days after October 1, 1975 (the effective date of Public
Act 79-794), this Act becomes effective the Mayor of Decatur,
or the Mayor of Danville, as the case may be with the advice
and consent of the Decatur or Danville city council, as the
case may be, shall appoint 9 members of the board, 3 members
to be appointed for terms of 1 year, 3 members to be
appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. Within 60 days after the effective date of this
amendatory Act of 1989, the chairman of the county board of
Vermilion County, with the advice and consent of the county
board, shall appoint 3 members to the Vermilion County
Metropolitan Exposition, Auditorium and Office Building Board
to serve for terms of one, 2, or 3 years, respectively, such
terms commencing on the date each is appointed. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Decatur, the Mayor of Danville, or
the chairman of the county board of Vermilion County, as the
case may be, in like manner. All successors shall hold office
for a term of 3 years from the date of appointment, except in
case of an appointment to fill a vacancy.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/19, in part)
Section 75-55. Quorum; action by 5 Board members. Sec.
19. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution, and the affirmative vote of at
least 5 members in the case of the Decatur Metropolitan
Exposition, Auditorium and Office Building Board and at least
7 members in the case of the Vermilion County Metropolitan
Exposition, Auditorium and Office Building Board shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 86-888; 86-907.)
Section 75-60. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
ARTICLE 80.
DUPAGE COUNTY CIVIC CENTER
(70 ILCS 270/1-1)
Section 80-1. Short title. Sec. 1-1. This Article 1
shall be known and may be cited as the DuPage County Civic
Center Law of 1997 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-2, in part)
Section 80-5. Definitions. Sec. 1-2. When used in this
Article:
"Authority" means DuPage County Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the DuPage County Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within DuPage County, except for those
portions lying within municipalities which have a civic
center authority within the corporate limits of such
municipalities, and except for those portions within the
metropolitan area of the Illinois-Michigan Canal National
Heritage Corridor Civic Center Authority.
(Source: P.A. 85-791.)
(70 ILCS 270/1-3, in part)
Section 80-10. Authority created; principal office. Sec.
1-3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
DuPage County Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area.
The principal office of the Authority shall be in DuPage
County.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-5)
Section 80-15. Rights and powers. Sec. 1-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and county buildings, including sites
and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-10)
Section 80-20. Borrowing; revenue bonds. Sec. 1-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,;
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest
coupons appertaining thereto issued by the Authority may
bring mandamus, injunction, or other civil actions or and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of or
any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is nonnegotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 270/1-13)
Section 80-25. Bonds other than revenue bonds. Sec.
1-13. No bonds, other than revenue bonds issued pursuant to
Section 80-20 1-10, shall be issued by the Authority until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "DuPage County YES
Metropolitan Exposition, Auditorium
and Office Building Authority" to ----------------------
the amount of.... Dollars ($ ) be
issued for the purpose of....? NO
-------------------------------------------------------------
(Source: P.A. 83-1456.)
(70 ILCS 270/1-14)
Section 80-30. Tax. Sec. 1-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 80-25 1-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-15, in part)
Section 80-35. Board created. Sec. 1-15. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the DuPage
County Metropolitan Exposition Auditorium and Office Building
Board. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-16, in part)
Section 80-40. Board members appointed. Sec. 1-16. Within
60 days after September 17, 1984 (the effective date of
Article 1 of Public Act 83-1456), this Act becomes effective
the Chairman of the DuPage County Board, with the advice and
consent of the DuPage County Board, shall appoint 9 members
of the DuPage County Metropolitan Exposition, Auditorium and
Office Building Authority, 3 members to be appointed for
terms of 1 year, 3 members to be appointed for terms of 2
years, and 3 members to be appointed for terms of 3 years,
such terms commencing on the date each is appointed. At the
expiration of the term of any member, his successor shall be
appointed by the Chairman of the DuPage County Board in like
manner. All successors shall hold office for a term of 3
years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 83-1456.)
Section 80-45. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 85.
ELGIN CIVIC CENTER
(70 ILCS 270/3-2)
Section 85-1. Short title. Sec. 3-2. This Article 3 shall
be known and may be cited as the Elgin Civic Center Law of
1997 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-3, in part)
Section 85-5. Definitions. Sec. 3-3. When used in this
Article:
"Authority" means the Elgin Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Elgin Metropolitan Exposition, Auditorium and Office
Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Elgin.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-4, in part)
Section 85-10. Authority created; principal office. Sec.
3-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Elgin Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Elgin.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-16, in part)
Section 85-15. Board created. Sec. 3-16. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Elgin
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-17, in part)
Section 85-20. Board members appointed. Sec. 3-17.
Within 60 days after September 17, 1984 (the effective date
of Article 3 of Public Act 83-1456), this Act becomes
effective the Mayor of Elgin with the advice and consent of
the Elgin City Council shall appoint 7 members of the Board,
2 members to be appointed for a term of one year, 2 members
to be appointed for terms of 2 years, and 3 members to be
appointed for terms of 3 years, such terms commencing on the
date each is appointed. One of the members appointed may be
a representative from the Elgin City Council. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Elgin in a like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-22)
Section 85-25. Funds; compliance with Public Funds
Investment Act. Sec. 3-22. All funds deposited by the
treasurer in any bank shall be placed in the name of the
Authority and shall be withdrawn or paid out only by check or
draft upon the bank, signed by the treasurer and
countersigned by the Chairman of the Board. The Board may
designate any of its members or any officer or employee of
the Authority to affix the signature of the chairman and
another to affix the signature of the treasurer to any check
or draft for payment of salaries or wages and for payment of
any other obligation of not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public agencies", approved July 23,
1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-27, in part)
Section 85-30. Bidders; civil action to compel
compliance. Sec. 3-27. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court in Kane
County to compel compliance with the provisions of this Act
relating to the awarding of contracts by the Board.
(Source: P.A. 83-1456.)
Section 85-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-65. Bonds other than revenue bonds.
Section 2-70. Tax.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 90.
FOREST PARK CIVIC CENTER
(70 ILCS 275/3001)
Section 90-1. Sec. 3001. Short title. This Article may
be cited as the Forest Park Civic Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 275/3003, in part)
Section 90-5. Sec. 3003. Definitions. In this Article:
"Authority" means the Forest Park Civic Center Authority.
"Board" means the governing and administrative body of
the Forest Park Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
village of Forest Park in Cook County.
(Source: P.A. 86-1414.)
(70 ILCS 275/3004, in part)
Section 90-10. Sec. 3004. Creation of Authority.
(a) The Forest Park Civic Center Authority is created as
a political subdivision, body politic, and municipal
corporation in the metropolitan area.
(b) The principal office of the Authority shall be in
the village of Forest Park.
(Source: P.A. 86-1414.)
(70 ILCS 275/3006)
Section 90-12. Sec. 3006. Powers. The Authority has the
following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain
exhibition centers, civic auditoriums, cultural facilities,
and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within
the metropolitan area.
(b) To plan for grounds, centers, and auditoriums; to
plan, sponsor, hold, arrange, and finance fairs, industrial,
cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds,
centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Authority or some
other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, grounds, centers, buildings,
and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Authority. The
charges collected may be made available to defray the
reasonable expenses of the Authority and to pay the principal
of and interest on any bonds issued by the Authority.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-1414.)
(70 ILCS 275/3014, in part)
Section 90-15. Sec. 3014. Creation of the Board. The
governing and administrative body of the Authority shall be a
board consisting of 5 members and shall be known as the
Forest Park Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-1414.)
(70 ILCS 275/3015, in part)
Section 90-20. Sec. 3015. Members of the Board
appointed. Within 60 days after September 11, 1990 (the
effective date of Article 3 of Public Act 86-1414) this
Article becomes effective, the mayor of Forest Park, with the
advice and consent of the corporate authorities of the
village of Forest Park, shall appoint 2 members of the Board
for initial terms expiring June 1, 1991; 2 members for
initial terms expiring June 1, 1992; and one member for an
initial term expiring June 1, 1993. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy for an unexpired term.
(Source: P.A. 86-1414.)
(70 ILCS 275/3016, in part)
Section 90-25. Removal of Board members. Sec. 3016.
Vacancy in office. The mayor of Forest Park, with the advice
and consent of the corporate authorities of the village of
Forest Park, may remove any member of the Board in case of
incompetency, neglect of duty, or malfeasance in office,
after service on the member, by registered United States
mail, return receipt requested, of a copy of the written
charges against the member and after an opportunity to be
publicly heard in person or by counsel in his or her own
defense upon being notified not less than 10 days before the
hearing.
(Source: P.A. 86-1414.)
(70 ILCS 275/3018, in part)
Section 90-30. Quorum; action by 3 Board members. Sec.
3018. Meetings; ordinances. Three members of the Board shall
constitute a quorum for the transaction of business. All
actions of the Board shall be by ordinance or resolution, and
the affirmative vote of at least 3 members shall be necessary
for the adoption of any ordinance or resolution.
(Source: P.A. 86-1414.)
(70 ILCS 275/3024)
Section 90-35. Sec. 3024. Contracts; award to other than
highest or lowest bidder by vote of 3 Board members.
(a) All contracts for the sale of property of a value of
more than $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense will exceed $2,500, shall be
let to the lowest responsible bidder after advertising for
bids, except (i) when repair parts, accessories, equipment,
or services are required for equipment or services previously
furnished or contracted for, (ii) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including without limitation
the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and
others possessing a high degree of skill, and (iii) when
services such as water, light, heat, power, telephone, or
telegraph are required.
(b) All contracts involving less than $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure insure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer those leases upon terms it
deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any contracts be awarded to any other than the
highest bidder (in case of sale, concession, or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 3 members of the
Board and unless the action is accompanied by a statement in
writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
(d) Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids
and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Board may award the contract without
competitive bidding if the contract is not less advantageous
to the Authority than any valid bid received in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 86-1414.)
Section 90-40. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 95.
HERRIN CIVIC CENTER
(70 ILCS 280/1-2)
Section 95-1. Short title. Sec. 1-2. This Article 1
shall be known and may be cited as the Herrin and Jefferson
County Civic Center Law of 1997 Act.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3, in part)
Section 95-5. Definitions. Sec. 1-3. When used in this
Article Act:
"Authority" means the Herrin Metropolitan Exposition,
Auditorium and Office Building Authority or the Jefferson
County Metropolitan Exposition, Auditorium and Office
Building Authority, as the case may be.
"Board" means the governing and administrative body of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority or the governing and administrative body
of the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Authority, as the case may be.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Herrin or of the County of Jefferson, as the case may be.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4, in part)
Section 95-10. Authority created; principal office. Sec.
1-4. There is are hereby created a 2 political subdivision
subdivisions, body politic politics and municipal corporation
corporations by the name names and style styles of the Herrin
Metropolitan Exposition, Auditorium and Office Building
Authority and the Jefferson County Metropolitan Exposition,
Auditorium and Office Building Authority in the their
respective metropolitan area areas.
The principal office of the Herrin Metropolitan
Exposition, Auditorium and Office Building Authority shall be
in the City of Herrin and the principal office of the
Jefferson County Metropolitan Exposition, Auditorium and
Office Building Authority shall be in the City of Mount
Vernon.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-14, in part)
Section 95-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Herrin
Metropolitan Exposition Auditorium and Office Building Board
or the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Board, as the case may be. The members of
the Board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15, in part)
Section 95-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1984 (the effective date of
Article 1 of Public Act 83-911), this Act becomes effective
the Mayor of Herrin or Mount Vernon, as the case may be, with
the advice and consent of the Herrin or Mount Vernon City
Council, shall appoint 7 members of the Board, 2 members to
be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. One of the members appointed may be a
representative from the Herrin or Mount Vernon City Council.
At the expiration of the term of any member, his successor
shall be appointed by the Mayor of Herrin or Mount Vernon in
a like manner. All successors shall hold office for a term
of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 83-911.)
Section 95-25. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 100.
ILLINOIS INTERNATIONAL CONVENTION CENTER
(70 ILCS 270/6-1)
Section 100-1. Short title. Sec. 6-1. This Article 6
shall be known and may be cited as the Illinois International
Convention Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-2, in part)
Section 100-5. Definitions. Sec. 6-2. As used in this
Article, unless the context otherwise requires:
"Authority" means the Illinois International Convention
Center Authority.
"Board" means the governing and administrative body of
the Illinois International Convention Center Authority.
"Metropolitan area" means all that territory which lies
within the corporate boundaries of the Village of Schaumburg.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-3, in part)
Section 100-10. Authority created; principal office. Sec.
6-3. There is hereby created a unit of local government known
as the Illinois International Convention Center Authority in
the metropolitan area.
The principal office of the Authority shall be in the
Village of Schaumburg.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-10)
Section 100-15. Borrowing; revenue bonds. Sec. 6-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by the Authority, and from funds, if any,
received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place
or places, may be made subject to redemption in such manner
and upon such terms, with or without premium as is stated on
the face thereof, may be executed in such manner and may
contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears
on any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto, issued by
the Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing,
regulating and operating the facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-11)
Section 100-20. Bonds; nature of indebtedness. Sec.
6-11. Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-12)
Section 100-25. Investment in bonds. Sec. 6-12. The
State and all counties, cities, villages, incorporated towns
and other units of local government and public bodies, and
public officers of any thereof;, all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance
business; and all executors, administrators, guardians,
trustees and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within
their control in any bonds issued pursuant to this Article
Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-13)
Section 100-30. Bonds other than revenue bonds; election.
Sec. 6-13. No bonds, other than revenue bonds issued pursuant
to Section 100-15 6-10, shall be issued by the Authority
until the proposition to issue the same has been submitted to
and approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the Illinois
International Convention Center YES
Authority to the amount of...... ------------------------
Dollars ($ ) be issued for the NO
purpose of....?
-------------------------------------------------------------
(Source: P.A. 86-1414.)
(70 ILCS 270/6-14)
Section 100-35. Tax. Sec. 6-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 100-30 6-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the County Clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
County Clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value of the taxable
property in the metropolitan area, as equalized or assessed
by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-15, in part)
Section 100-40. Board created. Sec. 6-15. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Illinois
International Convention Center Board. The members of the
board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-16, in part)
Section 100-45. Board members appointed. Sec. 6-16.
Within 60 days after September 17, 1984 (the effective date
of Article 6 of Public Act 83-1456) this Act becomes
effective, the Village President of Schaumburg, with the
advice and consent of the Schaumburg Village Board of
Trustees, shall appoint 7 members of the Board, 2 members to
be appointed for terms of one year, 2 members to be appointed
for terms of 2 years, and 3 members to be appointed for terms
of 3 years, such terms commencing on the date each is
appointed. Within 60 days after September 11, 1990 (the
effective date of Article 4 of Public Act 86-1414) this
amendatory Act of 1990 becomes effective, the Village
President of Schaumburg, with the advice and consent of the
Schaumburg Village Board of Trustees, shall appoint 2
additional members of the Board, one member to be appointed
for a term of 2 years and one member to be appointed for a
term of 3 years, the terms commencing on the date each is
appointed. One of the members appointed may be a
representative from the Schaumburg Village Board of Trustees.
At the expiration of the term of any member, his successor
shall be appointed by the Village President of Schaumburg in
a like manner. All successors shall hold office for a term of
3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-27)
Section 100-50. Report and financial statement. Sec.
6-27. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk and the
Village President of Schaumburg.
(Source: P.A. 83-1456.)
Section 100-55. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 105.
ILLINOIS-MICHIGAN CANAL
NATIONAL HERITAGE CORRIDOR CIVIC CENTER
(70 ILCS 285/1)
Section 105-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Illinois-Michigan
"Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority Law of 1997 Act".
(Source: P.A. 85-791.)
(70 ILCS 285/2, in part)
Section 105-5. Definitions. Sec. 2. When used in this
Article: Act
"Authority" means the Illinois-Michigan Canal National
Heritage Corridor Civic Center Authority.
"Board" means the governing and administrative body of
the Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the municipalities of Lyons, McCook,
Hodgins, Countryside, Indianhead Park, Willow Springs,
Justice, Bridgeview, Bedford Park, Summit and Lemont, and all
the incorporated area lying within the Village of Burr Ridge,
all the unincorporated area lying within Cook and DuPage
County, which is bounded on the North by the north line of
the Des Plaines River, on the west by a line 10,000 feet west
of the center line of Illinois Rt. 83, on the south by the
north line of the Sanitary & Ship Canal, and all the
unincorporated area lying within Cook and DuPage County which
is bounded on the northwest by the north line of the Sanitary
Drainage & Ship Canal, on the South by the Calumet Sag
Channel, and on the East by the center line of Illinois Rt.
83, and all the area not lying within a city, village or
incorporated town lying within Lemont Township which is
located north of a line commencing at the intersection of the
east line of Lemont Township and McCarthy Road (123rd
Street), thence westerly until the intersection of McCarthy
Road and Archer Avenue, thence southwesterly until the
intersection of Archer Avenue and 127th Street, thence
westerly to the west line of Lemont Township, and all the
unincorporated municipal area lying within Community College
District No. 524, located in Lyons and Palos Townships, lying
north of a line commencing at a point which is the
intersection lines of Harlem Avenue and Archer Road, thence
southwesterly along the center line of Archer Road to the
center line of 96th Avenue (LaGrange Road), thence southerly
along said center line of 96th Avenue to the center line of
McCarthy Road (123rd Street), thence westerly along the
center line of McCarthy Road to the west line of Palos
Township.
(Source: P.A. 85-791.)
(70 ILCS 285/3, in part)
Section 105-10. Authority created; principal office. Sec.
3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority in the metropolitan area.
The principal office of the Authority shall be
temporarily in the Village of Summit.
(Source: P.A. 85-791.)
(70 ILCS 285/4)
Section 105-15. Duties. Sec. 4. It shall be the duty of
the Authority to promote the Illinois-Michigan Canal and
those capital projects which are in support of the operation
of the Illinois-Michigan Canal National Corridor and to
operate and maintain boat ramps, nature paths, campgrounds
and other recreational facilities in the metropolitan area.
The Authority is granted all rights and powers necessary to
perform such duties, except the power of eminent domain.
(Source: P.A. 83-893.)
(70 ILCS 285/5)
Section 105-20. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain land and
buildings, including sites for boat ramps, campgrounds,
nature paths and other recreational and parking areas and
facilities therefor located within the metropolitan area.
Nothing in this Section shall be construed to grant the
Authority the power of eminent domain.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such facilities and to allow the use of
such facilities whether conducted by the Authority or some
other person or governmental agency.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds and buildings held by
the Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority and to pay
the principal of and the interest on any bonds issued by the
Authority.
(Source: P.A. 83-893.)
(70 ILCS 285/10)
Section 105-25. Borrowing; revenue bonds. Sec. 10.
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates as provided in
Section 2 of the Bond Authorization Act "AN ACT to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May
26, 1970, as now or hereafter amended, may be in such form,
may carry such registration privileges, may be executed in
such manner, may be payable at such place or places, may be
made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face
thereof, may be executed in such manner and may contain such
terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,;
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest
coupons appertaining thereto issued by the Authority may
bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its
officers, agents or employees of or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is nonnegotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate permitted by law, the bonds shall be sold
for not less than par and accrued interest.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating such facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the recreational activities
and other revenue, if any, the Authority may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 84-1308.)
(70 ILCS 285/13, in part)
Section 105-30. Board created. Sec. 13. The governing and
administrative body of the Authority shall be a board
consisting of 12 members and shall be known as the
Illinois-Michigan Canal National Heritage Corridor Civic
Center Board. The members of the board shall be individuals
of generally recognized ability and integrity.
(Source: P.A. 85-791.)
(70 ILCS 285/14, in part)
Section 105-35. Board members appointed. Sec. 14. Within
60 days after July 1, 1984 (the effective date of Public Act
83-893), this Act becomes effective the Mayor of each
municipality within the metropolitan area, with the advice
and consent of the governing body thereof, shall appoint one
member of the board for a term of 4 years, such terms
commencing on the date each is appointed. The additional
member authorized by Public Act 85-791 this amendatory Act of
1987 shall be appointed by the Village President of Burr
Ridge within 60 days after January 1, 1988 (the effective
date of Public Act 85-791) the effective date of this
amendatory Act of 1987. At the expiration of the term of any
member, his successor shall be appointed by the Mayor of the
appropriate municipality in like manner. All successors shall
hold office for a term of 4 years from the date of
appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 85-791.)
(70 ILCS 285/16)
Section 105-38. Organization of the Board. Sec. 16. As
soon as practicably possible after the appointment of the
initial members, the Board shall organize for the transaction
of business, select a chairman and a temporary secretary from
its own number, select a location for its principal office
and adopt bylaws and regulations to govern its proceedings.
The initial chairman and his successors shall be elected by
the Board from time to time for the term of his office as a
member of the Board.
(Source: P.A. 83-893.)
(70 ILCS 285/17, in part)
Section 105-40. Quorum; action by vote of 7 Board
members. Sec. 17. Board. A majority of the members of the
Board shall constitute a quorum for the transaction of
business. All action of the Board shall be by ordinance or
resolution and the affirmative vote of at least 7 members
shall be necessary for the adoption of any ordinance or
resolution.
(Source: P.A. 85-791.)
(70 ILCS 285/23)
Section 105-45. Contracts; bidding. Sec. 23. All
contracts for sale of property of the value of more than
$2500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer such leases upon such terms
as it deems advisable.
In determining the responsibility of any bidder, the
Board may take in account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 83-893.)
Section 105-50. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 110.
ILLINOIS VALLEY CIVIC CENTER
(70 ILCS 325/6-2)
Section 110-1. Short title. Sec. 6-2. This Article shall
be known and may be cited as the Illinois Valley Civic Center
Law of 1997.
(Source: P.A. 86-907.)
(70 ILCS 325/6-3, in part)
Section 110-5. Definitions. Sec. 6-3. When used in this
Article:
"Authority" means the Illinois Valley Civic Center
Authority.
"Board" means the governing and administrative body of
the Illinois Valley Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
Cities of LaSalle, Oglesby, Peru and Spring Valley in the
County of LaSalle.
(Source: P.A. 86-907.)
(70 ILCS 325/6-4, in part)
Section 110-10. Authority created; principal office. Sec.
6-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Illinois Valley Civic Center Authority in the
metropolitan area.
The principal office of the Authority shall be as
determined by the Mayors of LaSalle, Oglesby, Peru and
Spring Valley.
(Source: P.A. 86-907.)
(70 ILCS 325/6-14, in part)
Section 110-15. Board created. Sec. 6-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Illinois
Valley Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-907.)
(70 ILCS 325/6-15, in part)
Section 110-20. Board members appointed. Sec. 6-15.
Within 60 days after September 11, 1989 (the effective date
of Article 6 of Public Act 86-907) this Article becomes
effective, the Mayors of the Cities of LaSalle, Oglesby, Peru
and Spring Valley, with the advice and consent of the
respective City Councils, shall appoint 1 member each of the
Board for initial terms expiring June 1, 1990; 1 member each
for initial terms expiring June 1, 1991. The successors of
the initial members shall be appointed in like manner for 3
year terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 86-907.)
(70 ILCS 325/6-16, in part)
Section 110-25. Removal of Board members. Sec. 6-16. The
Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
Valley, with the advice and consent of the respective City
Councils, may remove any member of the Board appointed by him
or her, in case of incompetency, neglect of duty or
malfeasance in office, after service on the member, by
registered United States mail, return receipt requested, of a
copy of the written charges against him or her and an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon not less than 10 days notice.
(Source: P.A. 86-907.)
(70 ILCS 325/6-26)
Section 110-30. Report and financial statement. Sec.
6-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
Valley.
(Source: P.A. 86-907.)
Section 110-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 115.
JASPER COUNTY CIVIC CENTER
(70 ILCS 220/4-2)
Section 115-1. Short title. Sec. 4-2. This Article shall
be known and may be cited as the Jasper County Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/4-3, in part)
Section 115-5. Definitions. Sec. 4-3. When used in this
Article:
"Authority" means the Jasper County Civic Center
Authority.
"Board" means the governing and administrative body of
the Jasper County Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
county of Jasper.
(Source: P.A. 84-245.)
(70 ILCS 220/4-4, in part)
Section 115-10. Authority created; principal office. Sec.
4-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Jasper County Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in Jasper
County.
(Source: P.A. 84-245.)
(70 ILCS 220/4-11)
Section 115-13. Borrowing; revenue bonds. Sec. 4-11.
The Authority shall have continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, may be
in such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest
coupons appertaining thereto issued by the Authority may
bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its
officers, agents or employees of or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) The cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) The bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, and cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and from other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority
shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in the circuit court of Jasper County to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 ten days before bids are
required to be filed. Copies of such advertisement may be
published in any newspaper or financial publication in the
United States. All bids shall be sealed, filed and opened as
provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority
shall have the right to reject all bids and readvertise for
bids in the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
(Source: P.A. 84-245.)
(70 ILCS 220/4-14, in part)
Section 115-15. Board created. Sec. 4-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Jasper
County Civic Center Authority Board. The members of the
board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/4-15, in part)
Section 115-20. Board members appointed. Sec. 4-15.
Within 60 days after September 3, 1985 (the effective date of
Article 4 of Public Act 84-245), this Article becomes
effective: the chairman of the county board of Jasper County,
with the advice and consent of the county board of Jasper
County shall appoint 3 members of the Board for initial terms
expiring July 1, 1986; 3 members for initial terms expiring
July 1, 1987; and 3 members for initial terms expiring July
1, 1988. The successors of the initial members shall be
appointed in like manner for 3 year terms from the date of
appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/4-16, in part)
Section 115-25. Removal of Board members. Sec. 4-16. The
appointing officer, with the advice and consent of the county
board, may remove any member of the Board appointed by him,
in case of incompetency, neglect of duty, or malfeasance in
office, after service on him, by registered United States
mail, return requested, of a copy of the written charges
against him and an opportunity to be publicly heard in person
or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 84-245.)
(70 ILCS 220/4-25, in part)
Section 115-30. Bidders; civil action to compel
compliance. Sec. 4-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
Jasper County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 115-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 120.
JEFFERSON COUNTY CIVIC CENTER
(70 ILCS 280/1-2)
Section 120-1. Short title. Sec. 1-2. This Article 1
shall be known and may be cited as the Herrin and Jefferson
County Civic Center Law of 1997 Act.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3, in part)
Section 120-5. Definitions. Sec. 1-3. When used in this
Article Act:
"Authority" means the Herrin Metropolitan Exposition,
Auditorium and Office Building Authority or the Jefferson
County Metropolitan Exposition, Auditorium and Office
Building Authority, as the case may be.
"Board" means the governing and administrative body of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority or the governing and administrative body
of the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Authority, as the case may be.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Herrin or of the County of Jefferson, as the case may be.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4, in part)
Section 120-10. Authority created; principal office. Sec.
1-4. There is are hereby created a 2 political subdivision
subdivisions, body politic politics and municipal corporation
corporations by the name names and style styles of the Herrin
Metropolitan Exposition, Auditorium and Office Building
Authority and the Jefferson County Metropolitan Exposition,
Auditorium and Office Building Authority in the their
respective metropolitan area areas. The principal office of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority shall be in the City of Herrin and the
principal office of the Jefferson County Metropolitan
Exposition, Auditorium and Office Building Authority shall be
in the City of Mount Vernon.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-14, in part)
Section 120-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Herrin
Metropolitan Exposition Auditorium and Office Building Board
or the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Board, as the case may be. The members of
the board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15, in part)
Section 120-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1984 (the effective date of
Article 1 of Public Act 83-911), this Act becomes effective
the Mayor of Herrin or Mount Vernon, as the case may be, with
the advice and consent of the Herrin or Mount Vernon City
Council, shall appoint 7 members of the Board, 2 members to
be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. One of the members appointed may be a
representative from the Herrin or Mount Vernon City Council.
At the expiration of the term of any member, his successor
shall be appointed by the Mayor of Herrin or Mount Vernon in
a like manner. All successors shall hold office for a term
of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 83-911.)
Section 120-25. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 125.
JO DAVIESS COUNTY CIVIC CENTER
(70 ILCS 220/6-1)
Section 125-1. Short title. Sec. 6-1. This Article shall
be known and may be cited as the Jo Daviess County Civic
Center Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/6-2, in part)
Section 125-5. Definitions. Sec. 6-2. When used in this
Article:
"Authority" means the Jo Daviess County Civic Center
Authority.
"Board" means the governing and administrative body of
the Jo Daviess County Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within Jo Daviess County.
(Source: P.A. 84-245.)
(70 ILCS 220/6-3, in part)
Section 125-10. Authority created; principal office. Sec.
6-3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Jo Daviess County Civic Center Authority in the
metropolitan area.
The principal office of the Authority shall be in Jo
Daviess County.
(Source: P.A. 84-245.)
(70 ILCS 220/6-5)
Section 125-15. Rights and powers. Sec. 6-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and county buildings, including sites
and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/6-10)
Section 125-20. Borrowing; revenue bonds. Sec. 6-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any action in conflict with any such contract
or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is nonnegotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 220/6-11)
Section 125-22. Bonds; nature of indebtedness. Sec.
6-11. Under no circumstances shall any bonds issued by the
Authority under Section 125-20 6-10 be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond or obligation be or become an
indebtedness of the Authority within the purview of any
constitutional limitation or provision, and it shall be
plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable
solely from the revenues or income as aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/6-13)
Section 125-25. Bonds other than revenue bonds; election.
Sec. 6-13. No bonds, other than revenue bonds issued pursuant
to Section 125-20 10, shall be issued by the Authority until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Jo Daviess
County Civic Center Authority" YES
to the amount of.... Dollars -------------------------
($ ) be issued for the purpose NO
of....?
-------------------------------------------------------------
(Source: P.A. 84-245.)
(70 ILCS 220/6-14) (from Ch. 85, par. 5014)
Section 125-30. Tax. Sec. 6-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 125-25 6-13 of this Article, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the County Clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
County Clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 84-245.)
(70 ILCS 220/6-15, in part)
Section 125-35. Board created. Sec. 6-15. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Jo Daviess
County Civic Center Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/6-16, in part)
Section 125-40. Board members appointed. Sec. 6-16.
Within 60 days after September 3, 1985 (the effective date of
Article 6 of Public Act 84-245), this Article becomes
effective the Jo Daviess County Board shall appoint 9 members
of the Jo Daviess County Civic Center Board Authority, 3
members to be appointed for terms of 1 year, 3 members to be
appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. At the expiration of the term of any member,
his successor shall be appointed by the Jo Daviess County
Board in like manner. All successors shall hold office for a
term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/6-28)
Section 125-45. Report and financial statement. Sec.
6-28. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the County Clerk and the
County Board of Jo Daviess County.
(Source: P.A. 84-245.)
Section 125-50. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 130.
KATHERINE DUNHAM METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 220/9-2)
Section 130-1. Short title. Sec. 9-2. This Article shall
be known and may be cited as the Katherine Dunham
Metropolitan Exposition and Auditorium Authority Law of 1997
Act.
(Source: P.A. 84-245.)
(70 ILCS 220/9-3, in part)
Section 130-5. Definitions. Sec. 9-3. When used in this
Article:
"Authority" means the Katherine Dunham Metropolitan
Exposition, Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Katherine Dunham Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of East St. Louis.
(Source: P.A. 84-245.)
(70 ILCS 220/9-4, in part)
Section 130-10. Authority created; principal office. Sec.
9-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Katherine Dunham Metropolitan Exposition, Auditorium and
Office Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of East St. Louis.
(Source: P.A. 84-245.)
(70 ILCS 220/9-14, in part)
Section 130-15. Board created. Sec. 9-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Katherine
Dunham Metropolitan Exposition Auditorium and Office Building
Board. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/9-15, in part)
Section 130-20. Board members appointed. Sec. 9-15.
Within 60 days after September 3, 1985 (the effective date of
Article 9 of Public Act 84-245), this Act becomes effective
the Mayor of East St. Louis with the advice and consent of
the East St. Louis City Council shall appoint 7 members of
the Board, 2 members to be appointed for a term of one year,
2 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing
on the date each is appointed. One of the members appointed
may be a representative from the East St. Louis City Council.
At the expiration of the term of any member, his successor
shall be appointed by the Mayor of East St. Louis in a like
manner. All successors shall hold office for a term of 3
years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/9-25, in part)
Section 130-25. Bidders; civil action to compel
compliance. Sec. 9-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court in St.
Clair County to compel compliance with the provisions of this
Act relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 130-30. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 135.
LAKE COUNTY METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 290/2)
Section 135-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the Lake County and Will
County Metropolitan Exposition and Auditorium Authority Law
of 1997 Act.
(Source: P.A. 86-1414.)
(70 ILCS 290/3, in part)
Section 135-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Lake County Metropolitan Exposition
and Auditorium Authority or the Will County Metropolitan
Exposition and Auditorium Authority, as the case may be.
"Board" means the governing and administrative body of
the Lake County Metropolitan Exposition and Auditorium
Authority or the governing and administrative body of the
Will County Metropolitan Exposition and Auditorium Authority,
as the case may be.
"Governor" means the Governor of the State of Illinois.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
County of Lake, except that area within the City of Waukegan,
or of the County of Will, as the case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/4, in part)
Section 135-10. Authority created; principal office. Sec.
4. There is hereby created a unit 2 units of local government
known as the Lake County Metropolitan Exposition and
Auditorium Authority and the Will County Metropolitan
Exposition and Auditorium Authority in the their respective
metropolitan area areas.
The principal office of the Authority shall be in the
County of Lake or the County of Will, as the case may be.
(Source: P.A. 86-1441.)
(70 ILCS 290/5)
Section 135-15. Duties. Sec. 5. It shall be the duty of
the Authority to promote, operate and maintain expositions
and conventions from time to time in the metropolitan area
and in connection therewith to arrange, finance and maintain
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits and to construct, equip and maintain
auditoriums and exposition buildings for such purposes. The
Authority is granted all rights and powers necessary to
perform such duties.
(Source: P.A. 80-909.)
(70 ILCS 290/6)
Section 135-20. Rights and powers. Sec. 6. The Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and expositions
grounds, convention or exhibition centers, civic auditoriums,
including sites and parking areas and facilities therefor
located within the metropolitan area and office buildings, if
such buildings are acquired as part of the main auditorium
complex;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits, shows and events and to use or allow
the use of such grounds, centers and auditoriums for the
holding of fairs, exhibits, shows and events whether
conducted by the Authority or some other person or
governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers and auditoriums, and parking
areas and facilities in the manner provided for the exercise
of the right of eminent domain under Article VII of the Code
of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers and auditoriums and
admission charges to fairs, shows, exhibits and events
sponsored or held by the Authority. The charges collected
may be made available to defray the reasonable expenses of
the Authority and to pay the principal of and the interest on
any bonds issued by the Authority;
(e) To enter into contracts treating any manner with the
objects and purposes of this Article Act.
(Source: P.A. 82-783.)
(70 ILCS 290/9)
Section 135-25. Federal money. Sec. 9. The Authority
shall have the power to apply for and accept grants, loans or
appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority and to enter into any agreement with the
federal government in relation to such grants, loans or
appropriations.
(Source: P.A. 80-909.)
(70 ILCS 290/11)
Section 135-30. Borrowing; revenue bonds. Sec. 11. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum
payable semi-annually, may be in such form, may carry such
registration privileges, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to
compel the performance and observance by the Authority or any
of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the
money received from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% annually computed to absolute
maturity of said bonds according to standard tables of bond
values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertaking of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or
for admissions to its events, or from other revenue, if any,
the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be had by mandamus
proceedings in any Court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such revenue bonds (excepting refunding bonds)
are sold the entire authorized issue, or any part thereof,
shall be offered for sale as a unit after advertising for
bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required
to be filed. Copies of such advertisement may be published
in any newspaper or financial publication in the United
States. All bids shall be sealed, filed and opened as
provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority
shall have the right to reject all bids and readvertise for
bids in the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/12)
Section 135-35. Bonds; nature of indebtedness. Sec. 12.
Under no circumstances shall any bonds issued by the
Authority under Section 135-30 11 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 80-909.)
(70 ILCS 290/14)
Section 135-40. General obligation bonds. Sec. 14. The
Authority may borrow money for the purpose of carrying out
its duties and exercising its powers under this Article Act,
and issue its general obligation bonds as evidence of the
indebtedness incurred. In addition to other purposes, such
bonds may be issued for the purpose of refunding outstanding
general obligation or revenue bonds of the Authority. Such
general obligation bonds shall be in the form, shall mature
at the time (no later than 40 years from the date of
issuance), shall bear interest at the rates (not to exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% per annum), shall be executed by the
officers and shall be sold in the manner as the Board shall
determine; except that if issued to bear interest at the
greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest, and
that the selling prices of bonds bearing interest at a rate
of less than the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% per annum shall be such
that the interest cost to the Authority of the money received
from the sale of the bonds shall not exceed the greater of
(i) the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, or
(ii) 8% annually computed to absolute maturity of the bonds
in accordance with standard tables of bond values. In case
any officer whose signature appears on any bond ceases, after
affixing his signature, to hold office, his signature shall
nevertheless be valid and effective for all purposes.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/15)
Section 135-45. G.O. bonds; election. Sec. 15. General
obligation bonds of the Authority, shall not be issued until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area
voting upon the proposition at an election in accordance with
the general election law. Any such proposition shall be in
substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Lake County
(or Will County, as the case may be) YES
Metropolitan Exposition and Auditorium Authority" -------
in the amount of ....... Dollars ($ ) be issued NO
for the purpose of ?
-------------------------------------------------------------
(Source: P.A. 86-1414.)
(70 ILCS 290/16)
Section 135-50. Conduct of election; canvass of returns.
Sec. 16. Any referendum required under Sections 135-40 and
135-45 14 or 15 of this Act shall be certified by the Board
to the proper election officials, who shall conduct the
referendum in accordance with the general election law. The
returns shall be filed with the secretary of the Board and
shall be canvassed and the results ascertained by the Board
and entered upon the records of the Authority.
(Source: P.A. 81-1489.)
(70 ILCS 290/17, in part)
Section 135-55. Board created. Sec. 17. The governing and
administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Lake County
Metropolitan Exposition and Auditorium Authority Board or the
Will County Exposition and Auditorium Authority Board, as the
case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/18, in part)
Section 135-60. Board members appointed. Sec. 18. Within
60 days after September 22, 1977 (the effective date of
Public Act 80-909) of the effective date of this Act, the
Governor, with the advice and consent of the Senate, shall
appoint 3 members to the each Board, one to serve an initial
term expiring December 1, 1979, and 2 to serve initial terms
expiring December 1, 1981; and the Mayor of Waukegan, or
Joliet, as the case may be, with the advice and consent of
the respective city council, shall appoint 4 members to the
Board, 3 to serve initial terms expiring December 1, 1979,
and one to serve an initial term expiring December 1, 1981.
Thereafter all terms shall be for 5 years. Vacancies shall
be filled in the same manner as the original appointment,
except as otherwise provided in this Section. When a term
expires, the same appointing authority shall make the
appointment for the next term. Members shall serve until
their successors are appointed and qualified. When the
appointments are final, the Governor, the Mayor, or the
chairman of the county board, as the case may be, shall
certify the appointees to the Secretary of State.
On September 11, 1990 (the effective date of Article 4 of
Public Act 86-1414) Upon the effective date of this
amendatory Act of 1990, the terms of all members of the Lake
County Metropolitan Exposition and Auditorium Authority Board
that were appointed by the Mayor of Waukegan shall end, and
the vacancies of those members shall thereafter be filled by
appointment by the chairman of the county board of Lake
County, with the advice and consent of the county board of
Lake County. Upon and after September 11, 1990 the effective
date of this amendatory Act of 1990, all members, by whomever
appointed, of the Lake County Metropolitan Exposition and
Auditorium Authority Board shall be residents of Lake County
outside the City of Waukegan.
(Source: P.A. 86-1414.)
(70 ILCS 290/19)
Section 135-65. Organization of Board. Sec. 19. As soon
as practicably possible after the appointment of the initial
members and, thereafter, within 15 days of each election of
members, the Board shall organize for the transaction of
business, select a chairman, vice-chairman, and a temporary
secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman
and his successors shall be elected by the Board from time to
time for the term of his office as a member of the Board.
(Source: P.A. 80-909.)
(70 ILCS 290/20)
Section 135-70. Meetings; approval of ordinances and
resolutions by chairman; public records. Sec. 20. Regular
meetings of the Board shall be held at least once in each
calendar month, the time and place of such meetings to be
fixed by the Board. Five members of the Board shall
constitute a quorum for the transaction of business. All
action of the Board shall be by ordinance or resolution and
the affirmative vote of at least 4 members shall be necessary
for the adoption of any ordinance or resolution.
All such ordinances and resolutions before taking effect
shall be approved by the chairman of the Board, and if he
shall approve thereof he shall sign the same, and such as he
shall not approve he shall return to the Board with his
objections thereto in writing at the next regular meeting of
the Board occurring after the passage thereof. But in case
the chairman shall fail to return any ordinance or resolution
with his objections thereto by the time aforesaid, he shall
be deemed to have approved the same and it shall take effect
accordingly. Upon the return of any ordinance or resolution
by the chairman with his objections, the vote by which the
same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is
passed by the affirmative vote of at least 4 members, it
shall go into effect notwithstanding the veto of the
chairman.
All ordinances, resolutions and all proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions action
or proceedings to which the Authority is a party.
(Source: P.A. 82-349.)
(70 ILCS 290/22)
Section 135-75. Funds; compliance with Public Funds
Investment Act. Sec. 22. All funds deposited by the treasurer
in any bank or savings and loan association shall be placed
in the name of the Authority and shall be withdrawn or paid
out only by check or draft upon the bank or savings and loan
association, signed by the chairman, vice-chairman, secretary
or treasurer and countersigned by one of the same officers,
but no one officer shall both sign and countersign a check or
draft. The Board may designate any of its members or any
officer or employee of the Authority to affix the signature
of the chairman and another to affix the signature of the
treasurer to any check or draft for payment of salaries or
wages and for payment of any other obligation of not more
than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 290/26)
Section 135-80. Contracts; bidding. Sec. 26. All
contracts for the sale of property of the value of more than
$2500 or for any concession in or lease of property of the
Authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for
bids. All construction contracts and contracts for supplies,
materials, equipment and services, when the expense thereof
will exceed $2500, shall be let to the lowest responsible
bidder, after advertising for bids excepting (1) when repair
parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for;
(2) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including, without limiting the generality of the
foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure insure the best interests of the
public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority on
July 13, 1982 (the effective date of Public Act 82-786) the
effective date of this Amendatory Act. The Board is empowered
to offer such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction of maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 82-786.)
(70 ILCS 290/28)
Section 135-85. Report and financial statement. Sec. 28.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 80-909.)
Section 135-90. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 140.
LEYDEN TOWNSHIP
SPACE NEEDS AUTHORITY
(70 ILCS 300/1)
Section 140-1. Sec. 1. Short title. This Article Act may
be cited as the Leyden Township Space Needs Law of 1997.
(Source: P.A. 87-716.)
(70 ILCS 300/5)
Section 140-5. Sec. 5. Purpose. The purpose of this
Article Act is to provide a mechanism for the efficient
planning, construction and utilization of facilities in
Leyden Township.
(Source: P.A. 87-716.)
(70 ILCS 300/10, in part)
Section 140-10. Sec. 10. Definitions. In this Article
Act:
"Authority" means the Leyden Township Space Needs
Authority.
"Facilities" means offices, meeting rooms, space for
child care, food, senior citizen and health care services,
and parking lots and access roads.
"Board" means the governing and administrative body of
the Leyden Township Space Needs Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Leyden
Township in Cook County.
(Source: P.A. 87-716.)
(70 ILCS 300/15, in part)
Section 140-15. Sec. 15. Creation of Authority.
(a) The Leyden Township Space Needs Authority is created
as a political subdivision, body politic, and municipal
corporation in the metropolitan area.
(b) The principal office of the Authority shall be in
Leyden Township.
(Source: P.A. 87-716.)
(70 ILCS 300/20)
Section 140-20. Sec. 20. Duties. The Authority shall plan
for, promote, operate, and maintain facilities from time to
time in the metropolitan area. In connection with its
duties, the Authority shall arrange, finance, and maintain
facilities for those purposes. Providing office space for
lease and rental is an integral function of the Authority.
The Authority is granted all rights and powers necessary to
perform its duties.
(Source: P.A. 87-716.)
(70 ILCS 300/25)
Section 140-25. Sec. 25. Powers. The Authority has the
following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain
facilities, including sites, parking areas, and commercial
facilities for those structures, located within the
metropolitan area.
(b) To plan for grounds and buildings; to plan, sponsor,
hold, arrange, and finance cultural, educational, trade, and
scientific exhibits, shows, and events; and to use or allow
the use of those grounds and buildings for the holding of
fairs, exhibits, shows, and events, whether conducted by the
Authority or some other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, and (ii) admission charges to
fairs, shows, exhibits, and events sponsored or held by the
Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 87-716.)
(70 ILCS 300/35)
Section 140-30. Sec. 35. Acquisition of property. The
Authority has the power (i) to acquire and accept by
purchase, lease, gift, or otherwise any property or rights
from any person or persons or from any governmental agency,
useful for its purposes, (ii) to apply for and accept grants,
matching grants, loans, or appropriations from any
governmental agency to be used for any of the purposes of the
Authority, and (iii) to enter into any agreement with a
governmental agency in relation to those grants, matching
grants, loans, or appropriations.
(Source: P.A. 87-716.)
(70 ILCS 300/50, in part)
Section 140-35. Sec. 50. Creation of the Board. The
governing and administrative body of the Authority shall be a
board consisting of 9 members and shall be known as the
Leyden Township Space Needs Authority Board. The members of
the Board shall be individuals of generally recognized
ability and integrity. The Supervisor of Leyden Township and
the members of the Leyden Township Board of Trustees may be
appointed members of the Board.
(Source: P.A. 87-716; 87-1181.)
(70 ILCS 300/55, in part)
Section 140-40. Sec. 55. Members of the Board. Within
60 days after January 1, 1992 (the effective date of Public
Act 87-716) this Act becomes effective, the supervisor of
Leyden Township, with the advice and consent of the Leyden
Township board of trustees, shall appoint 3 members of the
Board for initial terms expiring December 31, 1992; 3 members
for initial terms expiring December 31, 1993; and 3 members
for initial terms expiring December 31, 1994. The successors
of the initial members shall be appointed in like manner for
3 year terms from the date of appointment, except in case of
an appointment to fill a vacancy for an unexpired term.
(Source: P.A. 87-716.)
(70 ILCS 300/60, in part)
Section 140-45. Removal of Board members. Sec. 60.
Vacancy in office. The supervisor of Leyden Township, with
the advice and consent of the Leyden Township board of
trustees, may remove any member of the Board in case of
incompetency, neglect of duty, or malfeasance in office,
after service on the member, by registered United States
mail, return receipt requested, of a copy of the written
charges against the member and after an opportunity to be
publicly heard in person or by counsel in his or her own
defense upon being notified not less than 10 days before the
hearing.
(Source: P.A. 87-716.)
(70 ILCS 300/100)
Section 140-50. Sec. 100. Contracts.
(a) All contracts for the sale of property of a value of
more than $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense will exceed $2,500, shall be
let to the lowest responsible bidder after advertising for
bids, except (i) when repair parts, accessories, equipment,
or services are required for equipment or services previously
furnished or contracted for, (ii) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including without limitation
the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and
others possessing a high degree of skill, and (iii) when
services such as water, light, heat, power, telephone, or
telegraph are required.
(b) All contracts involving less than $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure insure the best interests of the public.
Competitive bidding is not required for the lease of real
estate or buildings owned or controlled by the Authority.
The Board is empowered to offer those leases upon terms it
deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past records of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any contracts be awarded to any other than the
highest bidder (in case of sale, concession, or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 members of the
Board and unless the action is accompanied by a statement in
writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
(d) Members of the Board, officers and employees of the
Authority, and their relatives within the third degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids
and to readvertise for bids. If no responsible and
satisfactory bid within the terms of the advertisement is
received, the Board may award the contract without
competitive bidding if the contract is not less advantageous
to the Authority than any valid bid received in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 87-716.)
Section 140-55. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-135. Report and financial statement.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 145.
MARENGO CIVIC CENTER
(70 ILCS 305/1-2)
Section 145-1. Short title. Sec. 1-2. This Article shall
be known and may be cited as the Marengo Civic Center Law of
1997.
(Source: P.A. 85-793.)
(70 ILCS 305/1-3, in part)
Section 145-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Marengo Civic Center Authority.
"Board" means the governing and administrative body of
the Marengo Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of School
District No. 154 in the County of McHenry.
(Source: P.A. 85-793.)
(70 ILCS 305/1-4, in part)
Section 145-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Marengo Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
Marengo Park District.
(Source: P.A. 85-793.)
(70 ILCS 305/1-14, in part)
Section 145-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Marengo
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 85-793.)
(70 ILCS 305/1-15, in part)
Section 145-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1988 (the effective date of
Article I of Public Act 85-793) this Article becomes
effective, the President of the Marengo Park District, with
the advice and consent of the Marengo Park Board, shall
appoint 3 members of the Board for initial terms expiring
June 1, 1988; 3 members for initial terms expiring June 1,
1989; and 3 members for initial terms expiring June 1, 1990.
The successors of the initial members shall be appointed in
like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy.
(Source: P.A. 85-793.)
(70 ILCS 305/1-16, in part)
Section 145-25. Removal of Board members. Sec. 1-16. The
appointing officer, with the advice and consent of the
Marengo Park Board, may remove any member of the Board
appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered
United States mail, return receipt requested, of a copy of
the written charges against him and an opportunity to be
publicly heard in person or by counsel in his own defense
upon not less than 10 days notice.
(Source: P.A. 85-793.)
(70 ILCS 305/1-25, in part)
Section 145-30. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
McHenry County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 85-793.)
Section 145-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 150.
MASON COUNTY CIVIC CENTER
(70 ILCS 220/3-2)
Section 150-1. Short title. Sec. 3-2. This Article shall
be known and may be cited as the Mason County Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/3-3, in part)
Section 150-5. Definitions. Sec. 3-3. When used in this
Article:
"Authority" means the Mason County Civic Center
Authority.
"Board" means the governing and administrative body of
the Mason County Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
County of Mason.
(Source: P.A. 84-245.)
(70 ILCS 220/3-4, in part)
Section 150-10. Authority created; principal office. Sec.
3-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Mason County Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in Mason
County.
(Source: P.A. 84-245.)
(70 ILCS 220/3-14, in part)
Section 150-15. Board created. Sec. 3-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Mason
County Civic Center Authority Board. The members of the
board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/3-15, in part)
Section 150-20. Board members appointed. Sec. 3-15.
Within 60 days after September 3, 1985 (the effective date of
Article 3 of Public Act 84-245), this Article becomes
effective: the chairman of the county board of Mason County
with the advice and consent of the county board of Mason
County shall appoint 3 members of the Board for initial terms
expiring June 1, 1986; 2 members for initial terms expiring
June 1, 1987; and 2 members for initial terms expiring June
1, 1988. The successors of the initial members shall be
appointed in like manner for 3 year terms from the date of
appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/3-16, in part)
Section 150-25. Removal of Board members. Sec. 3-16. The
appointing officer, with the advice and consent of the county
board of Mason County, may remove any member of the Board
appointed by him, in case of incompetency, neglect of duty,
or malfeasance in office, after service on him, by registered
United States mail, return requested, of a copy of the
written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not
less than 10 days' notice.
(Source: P.A. 84-245.)
(70 ILCS 220/3-25, in part)
Section 150-30. Bidders; civil action to compel
compliance. Sec. 3-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
Mason county in which the metropolitan area is located to
compel compliance with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 150-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 155.
MATTESON CIVIC CENTER
(70 ILCS 325/4-1)
Section 155-1. Sec. 4-1. Short title. This Article may
be cited as the Matteson Civic Center Law of 1997 Act.
(Source: P.A. 86-907.)
(70 ILCS 325/4-2, in part)
Section 155-5. Sec. 4-2. Definitions. As used in this
Article, unless the context otherwise requires:
"Authority" means the Matteson Metropolitan Civic Center
Authority.
"Board" means the governing and administrative body of
the Matteson Metropolitan Civic Center Authority.
"Metropolitan area" means all that territory which lies
within the corporate boundaries of the Village of Matteson.
(Source: P.A. 86-907.)
(70 ILCS 325/4-3, in part)
Section 155-10. Sec. 4-3. Matteson Metropolitan Civic
Center Authority; creation. There is hereby created a unit of
local government known as the Matteson Metropolitan Civic
Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Matteson.
(Source: P.A. 86-907.)
(70 ILCS 325/4-5)
Section 155-15. Sec. 4-5. Rights and powers. The
Authority shall have the following rights and powers:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair or
exposition grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fair, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, building and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right to eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums, and to collect admission charges to fairs,
shows, exhibits and events sponsored or held by the
Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority and to pay
the principal of and the interest on any bonds issued by the
Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/4-8)
Section 155-18. Sec. 4-8. Acquisition of property;
grants, loans and appropriations. The Authority shall have
the power (i) to acquire and accept by purchase, lease, gift
or otherwise any property or rights from any person or
governmental agency useful for its purposes, (ii) and to
apply for and accept grants, matching grants, loans or
appropriations from the State of Illinois or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority, and (iii) to enter into any agreement with the
State of Illinois or any governmental agency in relation to
such grants, matching grants, loans or appropriations.
(Source: P.A. 86-907.)
(70 ILCS 325/4-10)
Section 155-20. Sec. 4-10. State and municipal financial
support.
(a) The Authority created by this Article shall receive
financial support from the State in the amounts provided for
in Section 4 of the Metropolitan Civic Center Support Act, as
now or hereafter amended. Notwithstanding anything to the
contrary, the Authority's base sum of State financial support
under subdivision (3)(a)(ii) of Section 4 of the Metropolitan
Civic Center Support Act, as now or hereafter amended, shall
be calculated by using the multiplier contained in that Act
times the total assessed valuation, as equalized by the
Department of Revenue, of all taxable property located within
the metropolitan area of the Authority for the year 1987.
(b) The Authority created by this Article may receive
financial support from any municipality in order for the
Authority to undertake any of its authorized rights and
powers. Any municipality, both within and outside of the
metropolitan area, is authorized to pay and to irrevocably
pledge to the Authority or the holders of any bonds issued
and sold by the Authority pursuant to this Article any or all
of its existing and future revenues derived from its
imposition of a tax upon all persons engaged in such
municipality in the business of renting, leasing or renting
rooms in a hotel, as defined in the Hotel Operator's
Occupation Tax Act, as now or hereafter amended, provided
such municipality determines, in its discretion, that such
payment or pledge shall assist in, among other things,
attracting nonresident, overnight visitors to that
municipality.
(Source: P.A. 86-907.)
(70 ILCS 325/4-12)
Section 155-25. Sec. 4-12. Power to borrow money; bonds;
issuance and sale. The Authority shall have continuing power
to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and sell its revenue bonds, and may
also from time to time issue and sell its revenue bonds to
refund or advance refund any bonds. All such bonds shall be
payable solely from the revenues or income to be derived from
the fairs, expositions, exhibitions, rentals and leases and
other authorized activities operated by the Authority, and
from funds, if any, received and to be received by the
Authority or pledged as security for such bonds from any
other source. Such bonds may bear such date or dates, may
mature at such time or times not exceeding 40 years from
their respective date, may bear interest at such rate or
rates, may be in such form, may carry such conversion,
registration and exchange privileges, may be subject to
defeasance on such terms, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof and may
contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears
on any bond ceases (after attaching his or her signature) to
hold office, his or her signature shall nevertheless be valid
and effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto, issued by
the Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is nonnegotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code, as now or
hereafter amended.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing,
regulating and operating the facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
The Authority shall have the right to sell its bonds by
negotiated sale or pursuant to advertisement and sealed bid.
(Source: P.A. 86-907.)
(70 ILCS 325/4-13)
Section 155-30. Sec. 4-13. Bonds; nature of indebtedness.
Under no circumstances shall any bonds issued by the
Authority under Section 155-25 12 be or become an
indebtedness or obligation of the State of Illinois or any
unit of local government (other than the Authority) or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
such bond that it does not constitute such an indebtedness
or obligation but is payable solely from revenues or income.
(Source: P.A. 86-907.)
(70 ILCS 325/4-14)
Sec. 155-32. Sec. 4-14. Investments in bonds under
Article. The State and all counties, cities, villages,
incorporated towns and other units of local government and
public bodies, and public officers of any thereof; , all
banks, bankers, trust companies, savings banks and
institutions, building and loan associations, savings and
loan associations, investment companies and other persons
carrying on an insurance business; and all executors,
administrators, guardians, and trustees and other fiduciaries
may legally invest any sinking funds, moneys or other funds
belonging to them or within their control in any bonds issued
pursuant to this Article.
(Source: P.A. 86-907.)
(70 ILCS 325/4-15)
Section 155-35. Sec. 4-15. Elections; general obligation
bonds; form of ballot. No bonds other than revenue bonds
issued pursuant to Section 155-25 12, shall be issued by the
Authority until a proposition to issue the same has been
submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general
election in accordance with the general election law. The
Authority may by resolution order such proposition submitted
at a regular election in accordance with the general election
law, whereupon the recording officer shall certify the
resolution and the proposition to the proper election
officials for submission. Any proposition to issue bonds as
herein set forth shall be in substantially the following
form:
-------------------------------------------------------------
Shall general obligation
bonds of the Matteson
Metropolitan Civic Center YES
Authority to the amount of
.....................Dollars
($........) be issued for ---------------------------
the purpose of .............
and shall annual taxes be
authorized to be levied NO
on all taxable property
within the metropolitan area
to pay such bond?
-------------------------------------------------------------
(Source: P.A. 86-907.)
(70 ILCS 325/4-16)
Section 155-40. Sec. 4-16. Bonds; principal and interest
payments; taxation. If a majority of the voters of said
metropolitan area approve the issuance of bonds as provided
in Section 155-35 15 of this Article, the Authority shall
have power to issue general obligation bonds, pledge its full
faith and credit to the payment thereof and levy taxes
sufficient to pay for the annual principal and interest
charges on such bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding 40
years from their respective date, may bear interest at such
rate or rates, may be in such form, may carry such
conversion, registration and exchange privileges, may be
subject to defeasance upon such terms, may be executed in
such manner, may be payable at such place or places, may be
made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face
thereof, may be sold by negotiated sale or pursuant to
advertisement and sealed bid, and may contain such terms and
covenants, all as may be provided by the Authority.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance and be unlimited as to rate and amount. A
certified copy of such levy ordinance shall be filed with the
county clerk, and thereupon the county clerk shall extend
such tax in each year as provided in such ordinance and in
accordance with law.
(Source: P.A. 86-907.)
(70 ILCS 325/4-17, in part)
Section 155-45. Sec. 4-17. Board created; Compensation;
Conflicts of interest. The governing and administrative body
of the Authority shall be a Board consisting of 7 members and
shall be known as the Matteson Metropolitan Civic Center
Board.
(Source: P.A. 86-907.)
(70 ILCS 325/4-18)
Section 155-50. Sec. 4-18. Members; terms; oath.
Membership on the Board shall consist of those persons duly
elected to serve on the Matteson Village Board of Trustees.
Terms for members of the Board of the Authority shall
coincide with their respective terms of office as members of
the Matteson Village Board of Trustees. Before entering upon
the duties of his office, each member of the Board shall take
and subscribe the constitutional oath of office and file it
in the office of the Secretary of State.
(Source: P.A. 86-907.)
(70 ILCS 325/4-26)
Section 155-55. Sec. 4-26. Contracts, concessions or
leases; Bidding. All contracts for sale of property of the
value of more than $2,500, or for a concession in or lease of
property, including air rights, of the Authority for a term
of more than one year, shall be awarded to the highest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids, except: (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
financial advisors, investment bankers, physicians,
superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contract be awarded to any other than the
highest bidder (in case of sale, concession or lease), or the
lowest bidder (in case of purchase or expenditure), unless
authorized or approved by a vote of at least 5 of the members
of the Board, and unless such action is accompanied by a
statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 86-907.)
(70 ILCS 325/4-28)
Section 155-60. Sec. 4-28. Report; financial statement.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk and the
Village President of Matteson.
(Source: P.A. 86-907.)
Section 155-65. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-130. Bids and advertisements.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 160.
MAYWOOD CIVIC CENTER
(70 ILCS 310/5-2)
Section 160-1. Short title. Sec. 5-2. This Article may be
cited as the Maywood Civic Center Law of 1997.
(Source: P.A. 86-888.)
(70 ILCS 310/5-3, in part)
Section 160-5. Definitions. Sec. 5-3. When used in this
Article:
"Authority" means the Maywood Civic Center Authority.
"Board" means the governing and administrative body of
the Maywood Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
village of Maywood.
(Source: P.A. 86-888.)
(70 ILCS 310/5-4, in part)
Section 160-10. Authority created; principal office. Sec.
5-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Maywood Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Maywood.
(Source: P.A. 86-888.)
(70 ILCS 310/5-11)
Section 160-15. Borrowing; revenue bonds. Sec. 5-11. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by
the Authority may bring suits at law or proceedings in equity
to compel the performance and observance by the Authority or
any of its officers, agents or employees of or any contract
or covenant made by the Authority with the holders of such
bonds or interest coupons, and to compel the Authority and
any of its officers, agents or employees to perform any
duties required to be performed for the benefit of the
holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code, as now or
hereafter amended.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sports activities,
exhibitions, office rentals and air space leases and rentals,
and other revenue, if any, the Authority may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received, such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 86-888; 86-1028.)
(70 ILCS 310/5-14, in part)
Section 160-20. Board created. Sec. 5-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Maywood
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 86-888.)
(70 ILCS 310/5-15, in part)
Section 160-25. Board members appointed. Sec. 5-15.
Within 60 days after January 1, 1990 (the effective date of
Article 5 of Public Act 86-888) this Article becomes
effective, the President of the Village of Maywood shall
appoint 3 members of the Board for initial terms expiring
June 1, 1990; 2 members for initial terms expiring June 1,
1991; and 2 members for initial terms expiring June 1, 1992.
The successors of the initial members shall be appointed in
like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy.
(Source: P.A. 86-888.)
(70 ILCS 310/5-25, in part)
Section 160-30. Bidders; civil action to compel
compliance. Sec. 5-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of Cook
County in which the metropolitan area is located to compel
compliance with the provisions of this Article relating to
the awarding of contracts by the Board.
(Source: P.A. 86-888.)
Section 160-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 165.
MELROSE PARK CIVIC CENTER
(70 ILCS 245/2-2)
Section 165-1. Short title. Sec. 2-2. This Article Act
may be cited as the Melrose Park Civic Center Law of 1997.
(Source: P.A. 86-8.)
(70 ILCS 245/2-3, in part)
Section 165-5. Definitions. Sec. 2-3. When used in this
Article Act:
"Authority" means the Melrose Park Metropolitan
Exposition Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Melrose Park Metropolitan Exposition Auditorium and
Office Building Authority.
"Metropolitan Area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
Village of Melrose Park.
(Source: P.A. 86-8.)
(70 ILCS 245/2-4, in part)
Section 165-10. Authority created; principal office. Sec.
2-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Melrose Park Metropolitan Exposition Auditorium and
Office Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Melrose Park.
(Source: P.A. 86-8.)
(70 ILCS 245/2-14, in part)
Section 165-15. Board created. Sec. 2-14. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Melrose
Park Metropolitan Exposition Auditorium and Office Building
Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 86-8.)
(70 ILCS 245/2-15, in part)
Section 165-20. Board members appointed. Sec. 2-15.
Within 60 days after January 1, 1990 (the effective date of
Article II of Public Act 86-8) this Act becomes effective,
the Village President of the Village of Melrose Park, with
the advice and consent of the Village of Melrose Park Board
of Trustees, shall appoint 2 members of the Board for initial
terms expiring June 1, 1990; 2 members for initial terms
expiring June 1, 1991; and 3 members for initial terms
expiring June 1, 1992. The successors of the initial members
shall be appointed in like manner for 3 year terms from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 86-8.)
(70 ILCS 245/2-16, in part)
Section 165-25. Removal of Board members. Sec. 2-16. The
Village President of the Village of Melrose Park, with the
advice and consent of the Village of Melrose Park Board of
Trustees, may remove any member of the Board appointed by
him, in case of incompetency, neglect of duty or malfeasance
in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written
charges against him and an opportunity to be publicly heard
in person or by counsel in his own defense upon not less than
10 days notice.
(Source: P.A. 86-8.)
(70 ILCS 245/2-25, in part)
Section 165-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of Cook
County in which the metropolitan area is located to compel
compliance with the provisions of this Article Act relating
to the awarding of contracts by the Board.
(Source: P.A. 86-8.)
Section 165-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 170.
METROPOLITAN CIVIC CENTER
(70 ILCS 205/1)
Section 170-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Metropolitan Civic
Center Law of 1997 Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/2, in part)
Section 170-5. Definitions. Sec. 2. When used in this
Article Act:
"Authority" means any Metropolitan Exposition, Auditorium
and Office Building Authority, as provided in this Article
Act.
"Board" means the governing and administrative body of
any Metropolitan Exposition, Auditorium and Office Building
Authority, as provided in this Article Act.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the
county or counties establishing an authority as provided in
this Article Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/3, in part)
Section 170-10. Creation of Authority; principal office.
Sec. 3. The county board of any county having an assessed
valuation, as equalized by the Department of Revenue, of all
real property located within the county of at least $300
million but less than $5 billion, or the county boards,
acting jointly, of any combination of counties having an
assessed valuation, as equalized by the Department of
Revenue, of all real property within such combination of
counties within the limits established by this Section may by
resolution or ordinance provide for the formation of a
Metropolitan Exposition, Auditorium and Office Building
Authority with the powers, duties, responsibilities and
privileges provided in this Article Act.
The principal office of the Authority shall be at the
site of the Authority's buildings.
(Source: P.A. 85-1209.)
(70 ILCS 205/5)
Section 170-15. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, own, construct, lease, operate and
maintain fair, exposition, arena, office building and
associated facilities and grounds, to fix and collect just,
reasonable and nondiscriminatory charges for the use of such
facilities, and to lease air space over and appurtenant to
such facilities. The charges so collected shall be made
available to defray the reasonable expenses of the Authority
and to pay the principal of and the interest upon any bonds
issued by the Authority.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/7)
Section 170-20. Acquisition of property; money from
State. Sec. 7. The Authority shall have the power to acquire
and accept by purchase, lease, gift or otherwise any property
or rights from any person or persons, any municipal
corporation, body politic, or agency of the State, or from
the State itself, useful for its purposes, and to apply for
an accept grants, matching grants, loans or appropriations
from the State of Illinois or any agency or instrumentality
thereof to be used for any of the purposes of the Authority
and to enter into any agreement with the State of Illinois in
relation to such grants, matching grants, loans or
appropriations. An Authority located in a county with a
population over 50,000 and under 70,000 according to the 1980
federal census may acquire real property or interests in real
property by condemnation for any of the purposes of the
Authority.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 205/13)
Section 170-25. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Metropolitan
Exposition, Auditorium and Office YES
Building Authority" to the amount -------------------------
of.... Dollars ($ ) be issued NO
for the purpose of ?
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 205/14)
Section 170-30. Tax Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 170-25 13 of this Act, the Authority
shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges by a sum equal to such grants or matching grants as
the Authority shall receive, in any year, for this purpose.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 81-1509.)
(70 ILCS 205/15, in part)
Section 170-35. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 85-1209.)
(70 ILCS 205/16, in part)
Section 170-40. Board members appointed. Sec. 16. Within
60 days after a county board of a single county qualified as
an Authority under the provisions of Section 170-10 3 of this
Act shall adopt a resolution or ordinance providing for an
Authority, the county board chairman, with the advice and
consent of the county board, shall appoint 3 members of the
board for an initial term expiring the second June first
after appointment; and 3 members of the board for an initial
term expiring the third June first after appointment; and 3
members of the board for an initial term expiring the fifth
June first after appointment, and until their successors have
been appointed and qualified. At the expiration of the term
of any member, the county board chairman, with the advice and
consent of the county board, shall appoint his successor in
like manner for a term of 5 years from the first day of June
of the year in which they are appointed, except in case of an
appointment to fill a vacancy.
The Board of Authorities comprised of combinations of
counties, as provided in Section 170-10 3 of this Act, shall
be appointed in the following manner: memberships for the
Board shall be apportioned among the member counties, as
nearly as possible, according to the proportion each county's
assessed valuation, as equalized by the Department of
Revenue, of all real property located within the county bears
to the total assessed valuation, as equalized by the
Department of Revenue, of all real property located within
the Authority. The initial terms of such appointees for each
such county shall then be determined by lot. Each such county
chairman, with the advice and consent of his respective
county board, shall then appoint the members allotted to him
in the manner provided in this Section.
(Source: P.A. 81-1509.)
(70 ILCS 205/19)
Section 170-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 19. Regular
meetings of the Board shall be held at least once in each
calendar month, the time and place of such meetings to be
fixed by the Board.
Five members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be
by ordinance or resolution and the affirmative vote of at
least 5 members shall be necessary for the adoption of any
ordinance or resolution.
All such ordinances and resolutions before taking effect
shall be approved by the chairman of the Board, and if he
shall not approve thereof he shall sign the same, and such as
he shall not approve he shall return to the Board with his
objections thereto in writing at the next regular meeting of
the Board occurring after the passage thereof. But in case
the chairman shall fail to return any ordinance or resolution
with his objections thereto by the time aforesaid, he shall
be deemed to have approved the same and it shall take effect
accordingly. Upon the return of any ordinance or resolution
by the chairman with his objections, the vote by which the
same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is
passed by the affirmative vote of at least 6 members, it
shall go into effect notwithstanding the veto of the
chairman.
All ordinances, resolutions and all proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
(Source: P.A. 82-783.)
(70 ILCS 205/25)
Section 170-50. Contracts. Sec. 25. All contracts for
sale of property of the value of more than $2500 or for an
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2500, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' "Retailers Occupation Tax Act", approved June 28,
1933, as amended, there shall be added an amount equal to the
tax which would be payable under said Act, if applicable, and
the lowest in amount of said adjusted bids and bids for sales
the gross receipts of which are taxable under said Act shall
be considered the lowest bid; provided, that, if said lowest
bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 76-1770.)
(70 ILCS 205/26, in part)
Section 170-55. Bidders; civil action to compel
compliance. Sec. 26. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court within
the boundaries of the Authority to compel compliance with the
provisions of this Article Act relating to the awarding of
contracts by the Board.
(Source: P.A. 79-1358.)
Section 170-60. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
ARTICLE 175.
MILFORD CIVIC CENTER
(70 ILCS 220/7-1)
Section 175-1. Short title. Sec. 7-1. This Article shall
be known and may be cited as the Milford "Milford Civic
Center Law of 1997 Act".
(Source: P.A. 84-245.)
(70 ILCS 220/7-2, in part)
Section 175-5. Definitions. Sec. 7-2. As used in this
Article, unless the context otherwise requires:
"Authority" means the Milford Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Milford Metropolitan Exposition, Auditorium and Office
Building Authority.
"Metropolitan Area" means all that territory which lies
within the corporate boundaries of the Village of Milford.
(Source: P.A. 84-245.)
(70 ILCS 220/7-3, in part)
Section 175-10. Authority created; principal office. Sec.
7-3. There is hereby created a unit of local government known
as the Milford Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Milford.
(Source: P.A. 84-245.)
(70 ILCS 220/7-11)
Section 175-12. Bonds; nature of indebtedness. Sec.
7-11. Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 84-245.)
(70 ILCS 220/7-12)
Section 175-13. Investment in bonds. Sec. 7-12. The
State and all counties, cities, villages, incorporated towns
and other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance business
and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds,
moneys or other funds belonging to them or within their
control in any bonds issued pursuant to this Article Act, it
being the purpose of this Section to authorize the investment
in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or
controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
(Source: P.A. 84-245.)
(70 ILCS 220/7-13, in part)
Section 175-15. Board created. Sec. 7-13. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Milford
Metropolitan Exposition, Auditorium and Office Building
Board. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/7-14, in part)
Section 175-20. Board members appointed. Sec. 7-14.
Within 60 days after September 3, 1985 (the effective date of
Article 7 of Public Act 84-245) this Act becomes effective,
the Village President of Milford, with the advice and consent
of the Milford Village Board of Trustees, shall appoint 7
members of the Board, 2 members to be appointed for terms
expiring July 1, 1988, 2 members to be appointed for terms
expiring July 1, 1987, and 3 members to be appointed for
terms expiring July 1, 1986, such terms commencing on the
date each is appointed. At the expiration of the term of any
member, his successor shall be appointed by the Village
President of Milford in a like manner. All successors shall
hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/7-25)
Section 175-25. Report and financial statement. Sec.
7-25. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk and the
Village President of Milford.
(Source: P.A. 84-245.)
Section 175-30. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 180.
NORMAL CIVIC CENTER
(70 ILCS 220/2-2)
Section 180-1. Short title. Sec. 2-2. This Article shall
be known and may be cited as the Normal Civic Center Law of
1997.
(Source: P.A. 84-245.)
(70 ILCS 220/2-3, in part)
Section 180-5. Definitions. Sec. 2-3. When used in this
Article:
"Authority" means the Normal Civic Center Authority.
"Board" means the governing and administrative body of
the Normal Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Normal in the County of McLean.
(Source: P.A. 84-245.)
(70 ILCS 220/2-4, in part)
Section 180-10. Authority created; principal office. Sec.
2-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Normal Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Normal.
(Source: P.A. 84-245.)
(70 ILCS 220/2-14, in part)
Section 180-15. Board created. Sec. 2-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Normal
Civic Center Authority Board. The members of the board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/2-15, in part)
Section 180-20. Board members appointed. Sec. 2-15.
Within 60 days after September 3, 1985 (the effective date of
Article 2 of Public Act 84-245), this Article becomes
effective: the Mayor of the City of Normal with the advice
and consent of the Normal City Council shall appoint 3
members of the Board for initial terms expiring June 1, 1986;
3 members for initial terms expiring June 1, 1987; and 3
members for initial terms expiring June 1, 1988. The
successors of the initial members shall be appointed in like
manner for 3 year terms from the date of appointment, except
in case of an appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/2-16, in part)
Section 180-25. Removal of Board members. Sec. 2-16. The
appointing officer, with the advice and consent of the Normal
City Council, may remove any member of the Board appointed by
him, in case of incompetency, neglect of duty, or malfeasance
in office, after service on him, by registered United States
mail, return requested, of a copy of the written charges
against him and an opportunity to be publicly heard in person
or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 84-245.)
(70 ILCS 220/2-25, in part)
Section 180-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
McLean County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 180-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 185.
OAK PARK CIVIC CENTER
(70 ILCS 220/10-1)
Section 185-1. Short title. Sec. 10-1. This Article
shall be known and may be cited as the Oak Park Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/10-2, in part)
Section 185-5. Definitions. Sec. 10-2. When used in this
Article:
"Authority" means the Oak Park Civic Center Authority.
"Board" means the governing and administrative body of
the Oak Park Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate limits of the Village
of Oak Park.
(Source: P.A. 84-245.)
(70 ILCS 220/10-3, in part)
Section 185-10. Authority created; principal office.
Sec. 10-3. There is hereby created a political subdivision,
body politic and municipal corporation by the name and style
of the Oak Park Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
Village of Oak Park.
(Source: P.A. 84-245.)
(70 ILCS 220/10-5)
Section 185-15. Rights and powers. Sec. 10-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and county buildings, including sites
and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/10-10)
Section 185-20. Borrowing; revenue bonds. Sec. 10-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any action in conflict with any such contract
or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is nonnegotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 220/10-11)
Section 185-25. Bonds; nature of indebtedness. Sec.
10-11. Under no circumstances shall any bonds issued by the
Authority under Section 185-20 10-10 be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond or obligation be or become an
indebtedness of the Authority within the purview of any
constitutional limitation or provision, and it shall be
plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable
solely from the revenues or income as aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/10-13)
Section 185-30. Bonds other than revenue bonds; election.
Sec. 10-13. No bonds, other than revenue bonds issued
pursuant to Section 185-20 10, shall be issued by the
Authority until the proposition to issue the same has been
submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general
election in accordance with the general election law. The
Authority may by resolution order such proposition submitted
at a regular election in accordance with the general election
law, whereupon the recording officer shall certify the
resolution and the proposition to the proper election
officials for submission. Any proposition to issue bonds as
herein set forth shall be in substantially the following
form:
-------------------------------------------------------------
Shall bonds of the "Oak Park Civic
Center Authority" YES
to the amount of.... Dollars -------------------------
($ ) be issued for the purpose NO
of....?
-------------------------------------------------------------
(Source: P.A. 84-245.)
(70 ILCS 220/10-14)
Section 185-35. Tax. Sec. 10-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 185-30 10-13 of this Article,
the Authority shall have power to levy and collect annually a
sum sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 84-245.)
(70 ILCS 220/10-15, in part)
Section 185-40. Board created. Sec. 10-15. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Oak Park
Civic Center Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 84-245.)
(70 ILCS 220/10-16, in part)
Section 185-45. Board members appointed. Sec. 10-16.
Within 60 days after September 3, 1985 (the effective date of
Article 10 of Public Act 84-245), this Article becomes
effective the President of the Village of Oak Park shall
appoint 9 members of the Oak Park Civic Center Authority with
the advice and consent of the Board of Trustees of the
Village of Oak Park, 3 members to be appointed for terms of 1
year, 3 members to be appointed for terms of 2 years, and 3
members to be appointed for terms of 3 years, such terms
commencing on the date each is appointed. At the expiration
of the term of any member, his successor shall be appointed
in like manner. All successors shall hold office for a term
of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/10-28)
Section 185-50. Report and financial statement. Sec.
10-28. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the County Clerk of Cook
County and the President of the Village of Oak Park.
(Source: P.A. 84-245.)
Section 185-55. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State,
or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 190. ORLAND PARK CIVIC CENTER
(70 ILCS 270/4-1)
Section 190-1. Short title. Sec. 4-1. This Article 4
shall be known and may be cited as the Orland "Orland Park
Civic Center Law of 1997 Act".
(Source: P.A. 83-1456.)
(70 ILCS 270/4-2, in part)
Section 190-5. Definitions. Sec. 4-2. As used in this
Article, unless the context otherwise requires:
"Authority" means the Orland Park Metropolitan
Exposition, Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Orland Park Metropolitan Exposition, Auditorium and
Office Building Authority.
"Metropolitan area" means all that territory which lies
within the corporate boundaries of the Village of Orland
Park.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-3, in part)
Section 190-10. Authority created; principal office.
Sec. 4-3. There is hereby created a unit of local government
known as the Orland Park Metropolitan Exposition, Auditorium
and Office Building Authority in the metropolitan area.
The principal office of the Authority shall be in the
Village of Orland Park.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-11)
Section 190-15. Bonds; nature of indebtedness. Sec.
4-11. Under no circumstances shall any bonds issued by the
Authority be or become an indebtedness or obligation of the
State of Illinois or any unit of local government or school
district within the State, nor shall any such bond or
obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from revenues or income.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-12)
Section 190-20. Investment in bonds. Sec. 4-12. The
State and all counties, cities, villages, incorporated towns
and other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on an insurance business
and all executors, administrators, guardians, trustees and
other fiduciaries may legally invest any sinking funds,
moneys or other funds belonging to them or within their
control in any bonds issued pursuant to this Article Act, it
being the purpose of this Section to authorize the investment
in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or
controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-13)
Section 190-25. Bonds other than revenue bonds. Sec.
4-13. No bonds, other than revenue bonds issued pursuant to
Section 2-51 4-10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Orland Park YES
Metropolitan Exposition,
Auditorium and Office Building ----------------------
Authority" to the amount of.....
Dollars ($ ) be issued for the
purpose of....? NO
-------------------------------------------------------------
(Source: P.A. 83-1456.)
(70 ILCS 270/4-14)
Section 190-30. Tax. Sec. 4-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 190-25 4-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value of the taxable
property in the metropolitan area, as equalized or assessed
by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-15, in part)
Section 190-35. Board created. Sec. 4-15. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Orland Park
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-16, in part)
Section 190-40. Board members appointed. Sec. 4-16.
Within 60 days after September 17, 1984 (the effective date
of Article 4 of Public Act 83-1456) this Act becomes
effective, the Village President of Orland Park, with the
advice and consent of the Orland Park Village Board of
Trustees, shall appoint 7 members of the Board, 2 members to
be appointed for terms of one year, 2 members to be appointed
for terms of 2 years, and 3 members to be appointed for terms
of 3 years, such terms commencing on the date each is
appointed. One of the members appointed may be a
representative from the Orland Park Village Board of
Trustees. At the expiration of the term of any member, his
successor shall be appointed by the Village President of
Orland Park in a like manner. All successors shall hold
office for a term of 3 years from the date of appointment,
except in case of an appointment to fill a vacancy.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-23)
Section 190-45. General manager; other appointments.
Sec. 4-23. The Board may appoint a general manager who shall
be a person of recognized ability and business experience to
hold office at the pleasure of the Board. The general
manager shall manage the properties and business of the
Authority and of the employees thereof subject to the general
control of the Board, and shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board,
and shall perform such other duties as may be prescribed from
time to time by the Board. The Board may delegate its
authority to appoint and act as employer to the governing
body of the Village of Orland Park, and any such delegation
of power occurring before September 26, 1991 (the effective
date of Public Act 87-738) the effective date of this
amendatory Act of 1991 is hereby validated.
The Board may appoint a general attorney and a chief
engineer and shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and
employees as may be necessary. The Board shall define their
duties and require bonds of such of them as the Board may
designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to this Section
shall be exempt from taking and subscribing any oath of
office and shall not be members of the Board.
The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys,
consultants, agents and employees shall be fixed by the
Board.
(Source: P.A. 87-738.)
(70 ILCS 270/4-27)
Section 190-50. Report and financial statement. Sec.
4-27. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request, and a
copy thereof shall be filed with the county clerk and the
Village President of Orland Park.
(Source: P.A. 83-1456.)
Section 190-55. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or
governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 195. OTTAWA CIVIC CENTER
(70 ILCS 325/5-2)
Section 195-1. Short title. Sec. 5-2. This Article
shall be known and may be cited as the Ottawa Civic Center
Law of 1997.
(Source: P.A. 86-907.)
(70 ILCS 325/5-3, in part)
Section 195-5. Definitions. Sec. 5-3. When used in this
Article:
"Authority" means the Ottawa Civic Center Authority.
"Board" means the governing and administrative body of
the Ottawa Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Ottawa in the County of LaSalle.
(Source: P.A. 86-907.)
(70 ILCS 325/5-4, in part)
Section 195-10. Authority created; principal office.
Sec. 5-4. There is hereby created a political subdivision,
body politic and municipal corporation by the name and style
of the Ottawa Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Ottawa.
(Source: P.A. 86-907.)
(70 ILCS 325/5-14, in part)
Section 195-15. Board created. Sec. 5-14. The
governing and administrative body of the Authority shall be a
board consisting of 9 members and shall be known as the
Ottawa Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-907.)
(70 ILCS 325/5-15, in part)
Section 195-20. Board members appointed. Sec. 5-15.
Within 60 days after September 11, 1989 (the effective date
of Article 5 of Public Act 86-907) this Article becomes
effective, the Mayor of the City of Ottawa, with the advice
and consent of the Ottawa City Council, shall appoint 3
members of the Board for initial terms expiring June 1, 1990;
3 members for initial terms expiring June 1, 1991; and 3
members for initial terms expiring June 1, 1992. The
successors of the initial members shall be appointed in like
manner for 3 year terms from the date of appointment, except
in case of an appointment to fill a vacancy.
(Source: P.A. 86-907.)
(70 ILCS 325/5-16, in part)
Section 195-25. Removal of Board members. Sec. 5-16. The
Mayor of the City of Ottawa, with the advice and consent of
the Ottawa City Council, may remove any member of the Board
appointed by him or her, in case of incompetency, neglect of
duty or malfeasance in office, after service on the member,
by registered United States mail, return receipt requested,
of a copy of the written charges against him or her and an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon not less than 10 days notice.
(Source: P.A. 86-907.)
(70 ILCS 325/5-26)
Section 195-30. Report and financial statement. Sec.
5-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
Mayor of the City of Ottawa.
(Source: P.A. 86-907.)
Section 195-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 200. PEKIN CIVIC CENTER
(70 ILCS 320/2-1)
Section 200-1. Short title. Sec. 2-1. This Article
shall be known and may be cited as the Pekin Civic Center
Authority Law of 1997.
(Source: P.A. 83-1528.)
(70 ILCS 320/2-2, in part)
Section 200-5. Definitions. Sec. 2-2. When used in this
Article Act:
"Authority" means the Pekin Civic Center Authority.
"Board" means the governing and administrative body of
the Pekin Civic Center Authority.
"Metropolitan area" means all that territory which is in
the corporate boundaries of the City of Pekin.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-3, in part)
Section 200-10. Authority created; principal office.
Sec. 2-3. There is hereby created a political subdivision,
body politic and municipal corporation by the name and style
of the Pekin Civic Center Authority in the metropolitan area.
The principal offices of the Authority shall be within
the metropolitan area.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-5)
Section 200-15. Rights and powers. Sec. 2-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain
exhibitions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
by Article VII of the Code of Civil Procedure.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1528.)
(70 ILCS 320/2-11)
Section 200-20. Bonds; nature of indebtedness. Sec.
2-11. Under no circumstances, except by express written
agreement of the Authority and the State or a political
subdivision or subdivision adopted pursuant to Article VII,
Section 10, of the Constitution, shall any bonds issued by
the Authority be or become an indebtedness or obligation of
the State of Illinois or of any other political subdivision
of or municipality within the State, nor shall any such bond
or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
bond that it does not constitute such an indebtedness or
obligation but is payable solely from the revenues or income
as aforesaid.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-13)
Section 200-25. Bonds other than revenue bonds;
election. Sec. 2-13. No bonds, other than revenue bonds
issued pursuant to Section 2-50 2-10, or bonds issued
pursuant to an intergovernmental agreement as contemplated by
the exception contained in Section 200-20 2-11, shall be
issued by the Authority until the proposition to issue the
same has been submitted to and approved by a majority of the
voters of said metropolitan area voting upon the proposition
at a general election, after at least 10 days notice of such
submission has been given by publishing said notice one time
in one or more newspapers published in said metropolitan
area. Any proposition to issue bonds as herein set forth
shall be submitted upon ballot separate and distinct from any
other ballot and may be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Pekin
Civic Center Authority" to YES
the amount of ___________ Dollars ---------------------
($ ) be issued for the NO
purpose of ?
-------------------------------------------------------------
(Source: P.A. 83-1435.)
(70 ILCS 320/2-14)
Section 200-30. Tax. Sec. 2-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 200-25 2-13 of this Act, or if
an intergovernmental agreement is executed with a political
subdivision or subdivisions for the issuance of full faith
and credit bonds, the Authority shall have power to levy and
collect annually a sum sufficient to pay for the annual
principal and interest charges on such bonds; provided, that
such tax levy shall be reduced by a sum equal to such grants
or matching grants as the Authority shall receive, in any
year, for this purpose and provided, in the case of bonds
issued pursuant to intergovernmental agreement, said tax is
valid only within the subdivisions executing the agreement
with the Authority.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .05% of the value of the taxable property of the
metropolitan area, as equalized or assessed by the Department
of Revenue Commerce and Community Affairs.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-15, in part)
Section 200-35. Board created. Sec. 2-15. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Pekin Civic
Center Authority Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-16, in part)
Section 200-40. Board members appointed. Sec. 2-16.
Within 60 days after September 16, 1984 (the effective date
of Article II of Public Act 83-1435) this Act becomes
effective, the Mayor of Pekin with the advice and consent of
the Pekin City Council shall appoint 7 members of the Board,
2 members to be appointed for terms of one year, 2 members to
be appointed for terms of 2 years, and 3 members to be
appointed for terms of 3 years, such terms commencing on the
date each is appointed. One of the members appointed may be
a representative from the Pekin City Council. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Pekin in a like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-19)
Section 200-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 2-19.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to
be fixed by the Board.
Four members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 4 members shall be necessary for the adoption of any
ordinance or resolution.
All such ordinances and resolutions before taking effect
shall be approved by the chairman of the Board, and if he
shall approve thereof he shall sign the same, and such as he
shall not approve he shall return to the Board with his
objections thereto in writing at the next regular meeting of
the Board occurring after the passage thereof. But in case
the chairman shall fail to return any ordinance or resolution
with his objections thereto by the time aforesaid, he shall
be deemed to have approved the same and it shall take effect
accordingly. Upon the return of any ordinance or resolution
by the chairman with his objections, the vote by which the
same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is
passed by the affirmative vote of at least 5 members, it
shall go into effect notwithstanding the veto of the
chairman.
All ordinances, resolutions and all proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-25)
Section 200-50. Contracts. Sec. 2-25. All contracts for
sale of property of the value of more than $2500 or for any
an concession in or lease of property, including air rights,
of the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take in account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
Retailers' "Retailers Occupation Tax Act", approved June 28,
1933, as amended, there shall be added an amount equal to the
tax which would be payable under said Act, if applicable, and
the lowest in amount of said adjusted bids and bids for sales
the gross receipts of which are taxable under said Act shall
be considered the lowest bid; provided, that, if said lowest
bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-26, in part)
Section 200-55. Bidders; civil action to compel
compliance. Sec. 2-26. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court in
Tazewell County to compel compliance with the provisions of
this Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-27)
Section 200-60. Report and financial statement. Sec.
2-27. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
Mayor of Pekin.
(Source: P.A. 83-1435.)
Section 200-65. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 205. PEORIA CIVIC CENTER
(70 ILCS 315/1)
Section 205-1. Sec. 1. Short title and Citation. This
Article Act shall be known and may be cited as the Peoria
Civic Center Law of 1997 Act.
(Source: P.A. 78-948.)
(70 ILCS 315/2, in part)
Section 205-5. Sec. 2. Definitions. When used in this
Article Act:
"Authority" means Peoria Civic Center Authority.
"Board" means the governing and administrative body of
the Peoria Civic Center Authority.
"City" means the City of Peoria, Illinois.
"City clerk" means the City Clerk of the City of Peoria,
Illinois.
"City council" means the City Council of the City of
Peoria, Illinois.
"Net revenues" means the revenues of the Authority
exclusive of taxes after deducting all costs of operation and
maintenance and such reserves as may be deemed necessary or
advisable by the Authority.
(Source: P.A. 78-948.)
(70 ILCS 315/3, in part)
Section 205-10. Creation of Authority; principal office.
Sec. 3. Creation- Political Entity, etc. There is hereby
created a political subdivision, body politic and municipal
corporation by the name and style of Peoria Civic Center
Authority whose boundaries are coextensive with the City of
Peoria, as the same are now or may be in the future.
The principal office of the Authority shall be in the
City of Peoria.
(Source: P.A. 78-948.)
(70 ILCS 315/4)
Section 205-15. Sec. 4. Rights and powers. The Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and exposition
grounds, convention or exhibition centers and civic
auditoriums, including sites and parking areas and facilities
therefor located within the City area, and to lease air space
over and appurtenant to such facilities;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain, to acquire
sites for such