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 th