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90_HB0235
New Act
SEE INDEX
Creates the Civic Center Code. Replaces existing Acts
creating civic center authorities in various locations in the
State (except for the Metropolitan Pier and Exposition
Authority in Chicago). Sets forth the authorization for each
civic center authority in a separate Article of the Code.
Sets forth standard civic center provisions common to several
civic center authorities and incorporates the standard
provisions by reference into the Articles authorizing those
civic center authorities. Repeals the various civic center
Acts that are continued in the Code. Makes no substantive
changes.
LRB9000879DJcd
LRB9000879DJcd
1 AN ACT concerning civic centers.
2 WHEREAS, Codification of laws relating to civic centers
3 will achieve the goals of (i) consolidating the many laws
4 relating to civic centers; (ii) updating the often obsolete
5 language currently in use in these many laws; (iii)
6 incorporating uniform terminology that will ensure a
7 constancy of understanding and interpretation of these laws;
8 and (iv) eliminating the need for duplicative language
9 throughout these laws; and
10 WHEREAS, The Illinois General Assembly seeks to achieve
11 these goals by consolidating the many civic center laws of
12 Illinois into a Civic Center Code, without making any
13 substantive changes in the meaning, effect, or application of
14 those laws; and
15 WHEREAS, Because this Act is a codification of existing
16 law, the following matters of form are used:
17 (a) in Articles 5 through 280, the parenthetic citation
18 before a Section in the form "(from XX ILCS XX/XX)" (i) is an
19 informational reference to the prior law from which the
20 Section is derived and (ii) is not part of the text of the
21 law;
22 (b) in Articles 5 through 280, in the text of a Section,
23 (i) matter that is stricken indicates a deletion from the
24 prior law and (ii) matter that is underscored indicates an
25 addition to the prior law; and
26 (c) in Articles 5 through 280, the parenthetic citation
27 after a Section in the form "(Source: P.A. XX-XXXX)" (i) is
28 an informational reference to the most recent sources of the
29 continued text in the Session Laws of Illinois and (ii) is
30 not part of the law; therefore
31 Be it enacted by the People of the State of Illinois,
32 represented in the General Assembly:
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1 ARTICLE 1.
2 SHORT TITLE
3 Section 1-1. Short title. This Act may be cited as the
4 Civic Center Code.
5 ARTICLE 2.
6 STANDARD CIVIC CENTER PROVISIONS
7 Section 2-1. Scope of Article. This Article sets forth
8 standard provisions that apply to a civic center authority
9 only when the specific Section of this Article is
10 incorporated by reference into the Article authorizing that
11 civic center.
12 Section 2-3. Purpose. The purpose of this Article is to
13 accomplish the aims of the State of Illinois to enhance the
14 ability of its citizens to avail themselves of civic and
15 cultural centers geographically situated throughout the
16 entire State of Illinois.
17 Section 2-5. Definitions. In this Article:
18 "Authority" means the Authority as defined in the Article
19 creating the Authority, except that in Article 25 it means
20 the Committee created under that Article.
21 "Governmental agency" means the federal government, the
22 State, any unit of local government or school district, and
23 any agency or instrumentality thereof.
24 "Person" means any individual, firm, partnership,
25 corporation, company, association or joint stock association;
26 and includes any trustee, receiver, assignee or personal
27 representative thereof.
28 "Board" means the governing and administrative body of
29 the Authority as defined in the Article creating the
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1 Authority.
2 "Metropolitan area", for an Authority created under this
3 Act, means the metropolitan area for the Authority as defined
4 in the Article creating the Authority.
5 Section 2-10. Lawsuits; common seal.
6 (a) The Authority may sue and be sued in its corporate
7 name but execution shall not in any case issue against any
8 property of the Authority.
9 (b) The Authority may adopt a common seal and change the
10 same at its pleasure.
11 Section 2-15. Duties; auditorium, recreational, and other
12 buildings; lease of space. It shall be the duty of the
13 Authority to promote, operate and maintain expositions,
14 conventions, and theatrical, sports and cultural activities
15 from time to time in the metropolitan area and in connection
16 therewith to arrange, finance and maintain industrial,
17 cultural, educational, theatrical, sports, trade and
18 scientific exhibits and to construct, equip and maintain
19 auditorium, exposition, recreational and office buildings for
20 such purposes.
21 The provision of office space for lease and rental and
22 the lease of air space over and appurtenant to such
23 structures shall be deemed an integral function of the
24 Authority.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 Section 2-16. Duties; auditorium and other buildings;
28 lease of space. It shall be the duty of the Authority to
29 promote, operate and maintain expositions, conventions, and
30 theatrical, sports and cultural activities from time to time
31 in the metropolitan area and in connection therewith to
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1 arrange, finance and maintain industrial, cultural,
2 educational, theatrical, sports, trade and scientific
3 exhibits and to construct, equip and maintain auditorium,
4 exposition and office buildings for such purposes.
5 The provision of office space for rental and lease and
6 the lease of air space over and appurtenant to such
7 structures shall be deemed an integral function of the
8 Authority.
9 The Authority is granted all rights and powers necessary
10 to perform such duties.
11 Section 2-17. Duties; auditorium and other buildings. It
12 shall be the duty of the Authority to promote, operate and
13 maintain expositions, conventions, or theatrical, sports or
14 cultural activities from time to time in the metropolitan
15 area and in connection therewith to arrange, finance and
16 maintain industrial, cultural, educational, theatrical,
17 sports, trade or scientific exhibits and to lease or
18 construct, equip and maintain auditoriums, exposition
19 buildings or office buildings for such purposes.
20 The Authority is granted all rights and powers necessary
21 to perform such duties.
22 Section 2-20. Rights and powers, including eminent
23 domain. The Authority shall have the following rights and
24 powers:
25 (a) To acquire, purchase, own, construct, lease as
26 lessee or in any other way acquire, improve, extend, repair,
27 reconstruct, regulate, operate, equip and maintain exhibition
28 centers, civic auditoriums, cultural facilities and office
29 buildings, including sites and parking areas and commercial
30 facilities therefor located within the metropolitan area;
31 (b) To plan for such grounds, centers and auditoriums
32 and to plan, sponsor, hold, arrange and finance fairs,
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1 industrial, cultural, educational, trade and scientific
2 exhibits, shows and events and to use or allow the use of
3 such grounds, centers, and auditoriums for the holding of
4 fairs, exhibits, shows and events whether conducted by the
5 Authority or some other person or governmental agency;
6 (c) To exercise the right of eminent domain to acquire
7 sites for such grounds, centers, buildings and auditoriums,
8 and parking areas and facilities in the manner provided for
9 the exercise of the right of eminent domain under Article VII
10 of the Code of Civil Procedure, as amended;
11 (d) To fix and collect just, reasonable and
12 nondiscriminatory charges and rents for the use of such
13 parking areas and facilities, grounds, centers, buildings and
14 auditoriums and admission charges to fairs, shows, exhibits
15 and events sponsored or held by the Authority. The charges
16 collected may be made available to defray the reasonable
17 expenses of the Authority and to pay the principal of and the
18 interest on any bonds issued by the Authority;
19 (e) To enter into contracts treating in any manner with
20 the objects and purposes of this Article.
21 Section 2-21. Rights and powers. The Authority shall have
22 the following rights and powers:
23 (a) To acquire, purchase, own, construct, lease as
24 lessee or in any other way acquire, improve, extend, repair,
25 reconstruct, regulate, operate, equip and maintain fair or
26 exposition grounds, convention or exhibition centers, civic
27 auditoriums, and office and municipal buildings, including
28 sites and parking areas and facilities therefor located
29 within the metropolitan area.
30 (b) To enter into contracts treating in any manner with
31 the objects and purposes of this Article.
32 (c) To plan for such grounds, centers and auditoriums
33 and to plan, sponsor, hold, arrange, and finance fairs,
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1 industrial, cultural, educational, trade and scientific
2 exhibits, shows and events and to use or allow the use of
3 such grounds, centers and auditoriums for the holding of
4 fairs, exhibits, shows and events, whether conducted by the
5 Authority or some other person or governmental agency.
6 (d) To fix and collect just, reasonable and
7 nondiscriminatory charges and rents for the use of such
8 parking areas and facilities, grounds, centers, buildings and
9 auditoriums, and to collect admission charges to fairs,
10 shows, exhibits and events sponsored or held by the
11 Authority. The charges collected may be made available to
12 defray the reasonable expenses of the Authority and to pay
13 the principal of and the interest on any bonds issued by the
14 Authority.
15 Section 2-25. Incurring obligations. The Authority
16 shall not incur any obligations for salaries or for office or
17 administrative expenses except within the amounts of funds
18 that will be available to it when such obligations become
19 payable.
20 Section 2-30. Prompt payment. Purchases made under this
21 Article shall be made in compliance with the Local Government
22 Prompt Payment Act.
23 Section 2-35. Acquisition of property from person,
24 State, or local agency. The Authority shall have power (i)
25 to acquire and accept by purchase, lease, gift or otherwise
26 any property or rights useful for the Authority's purposes
27 from any person or persons, from any municipal corporation,
28 body politic, or agency of the State, or from the State
29 itself, (ii) to apply for and accept grants, matching
30 grants, loans or appropriations from the State of Illinois or
31 any agency or instrumentality thereof to be used for any of
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1 the purposes of the Authority, and (iii) to enter into any
2 agreement with the State of Illinois in relation to such
3 grants, matching grants, loans or appropriations.
4 Section 2-36. Acquisition of property from person or
5 governmental agency. The Authority shall have the power (i)
6 to acquire and accept by purchase, lease, gift or otherwise
7 any property or rights from any person or governmental agency
8 useful for its purposes, (ii) to apply for and accept grants,
9 matching grants, loans or appropriations from the State of
10 Illinois or any agency or instrumentality thereof to be used
11 for any of the purposes of the Authority, and (iii) to enter
12 into any agreement with the State of Illinois in relation to
13 such grants, matching grants, loans or appropriations.
14 Section 2-40. Federal money. The Authority shall have
15 the power (i) to apply for and accept grants, matching
16 grants, loans or appropriations from the federal government
17 or any agency or instrumentality thereof to be used for any
18 of the purposes of the Authority and (ii) to enter into any
19 agreement with the federal government in relation to such
20 grants, matching grants, loans or appropriations.
21 Section 2-45. Insurance. The Authority shall have the
22 power to procure and enter into contracts for any type of
23 insurance and indemnity against loss or damage to property
24 from any cause, against loss of use and occupancy, against
25 employers' liability, against any act of any member, officer,
26 or employee of the Board or Authority in the performance of
27 the duties of the office or employment, and against any other
28 insurable risk.
29 Section 2-50. Borrowing; revenue bonds; suits to compel
30 performance. The Authority shall have continuing power to
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1 borrow money for the purpose of carrying out and performing
2 its duties and exercising its powers under this Article.
3 For the purpose of evidencing the obligation of the
4 Authority to repay any money borrowed as aforesaid, the
5 Authority may, pursuant to an ordinance adopted by the Board,
6 from time to time issue and dispose of its interest bearing
7 revenue bonds, and may also from time to time issue and
8 dispose of its interest bearing revenue bonds to refund any
9 bonds at maturity or pursuant to redemption provisions or at
10 any time before maturity with the consent of the holders
11 thereof. All such bonds shall be payable solely from the
12 revenues or income to be derived from the fairs, expositions,
13 exhibitions, rentals and leases and other authorized
14 activities operated by it, and from funds, if any, received
15 and to be received by the Authority from any other source.
16 Such bonds may bear such date or dates, may mature at such
17 time or times not exceeding 40 years from their respective
18 dates, may bear interest at such rate or rates not exceeding
19 the maximum rate permitted by the Bond Authorization Act, may
20 be in such form, may carry such registration privileges, may
21 be executed in such manner, may be payable at such place or
22 places, may be made subject to redemption in such manner and
23 upon such terms, with or without premium as is stated on the
24 face thereof, may be executed in such manner, and may contain
25 such terms and covenants, all as may be provided in said
26 ordinance. In case any officer whose signature appears on any
27 bond ceases (after attaching his signature) to hold office,
28 his signature shall nevertheless be valid and effective for
29 all purposes. The holder or holders of any bonds or interest
30 coupons appertaining thereto issued by the Authority may
31 bring suits at law or proceedings in equity to compel the
32 performance and observance by the Authority or any of its
33 officers, agents or employees of any contract or covenant
34 made by the Authority with the holders of such bonds or
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1 interest coupons, to compel the Authority or any of its
2 officers, agents or employees to perform any duties required
3 to be performed for the benefit of the holders of any such
4 bonds or interest coupons by the provisions of the ordinance
5 authorizing their issuance, and to enjoin the Authority and
6 any of its officers, agents or employees from taking any
7 action in conflict with any such contract or covenant.
8 Notwithstanding the form and tenor of any such bonds and
9 in the absence of any express recital on the face thereof
10 that it is non-negotiable, all such bonds shall be negotiable
11 instruments under the Uniform Commercial Code.
12 From and after the issuance of any bonds as herein
13 provided it shall be the duty of the corporate authorities of
14 the Authority to fix and establish rates, charges, rents, and
15 fees for the use of facilities acquired, constructed,
16 reconstructed, extended or improved with the proceeds of the
17 sale of said bonds sufficient at all times, with other
18 revenues of the Authority, to pay:
19 (a) the cost of maintaining, repairing, regulating and
20 operating the said facilities; and
21 (b) the bonds and interest thereon as they shall become
22 due, and all sinking fund requirements and other requirements
23 provided by the ordinance authorizing the issuance of the
24 bonds or as provided by any trust agreement executed to
25 secure payment thereof.
26 To secure the payment of any or all of such bonds and for
27 the purpose of setting forth the covenants and undertakings
28 of the Authority in connection with the issuance thereof and
29 the issuance of any additional bonds payable from such
30 revenue income to be derived from the fairs, recreational,
31 theatrical, and cultural expositions, sports activities,
32 exhibitions, office rentals, and air space leases and rentals
33 and from other revenue, if any, the Authority may execute and
34 deliver a trust agreement or agreements; provided that no
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1 lien upon any physical property of the Authority shall be
2 created thereby.
3 A remedy for any breach or default of the terms of any
4 such trust agreement by the Authority may be by mandamus
5 proceedings in any court of competent jurisdiction to compel
6 performance and compliance therewith, but the trust agreement
7 may prescribe by whom or on whose behalf such action may be
8 instituted.
9 Before any such bonds (excepting refunding bonds) are
10 sold, the entire authorized issue, or any part thereof, shall
11 be offered for sale as a unit after advertising for bids at
12 least 3 times in a daily newspaper of general circulation
13 published in the metropolitan area, the last publication to
14 be at least 10 days before bids are required to be filed.
15 Copies of such advertisement may be published in any
16 newspaper or financial publication in the United States. All
17 bids shall be sealed, filed and opened as provided by
18 ordinance and the bonds shall be awarded to the highest and
19 best bidder or bidders therefor. The Authority shall have
20 the right to reject all bids and to readvertise for bids in
21 the manner provided for in the initial advertisement.
22 However, if no bids are received such bonds may be sold at
23 not less than par value, without further advertising, within
24 60 days after the bids are required to be filed pursuant to
25 any advertisement.
26 Section 2-51. Borrowing; revenue bonds; mandamus or other
27 actions to compel performance. The Authority shall have
28 continuing power to borrow money for the purpose of carrying
29 out and performing its duties and exercising its powers under
30 this Article.
31 For the purpose of evidencing the obligation of the
32 Authority to repay any money borrowed as aforesaid, the
33 Authority may, pursuant to an ordinance adopted by the Board,
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1 from time to time issue and dispose of its interest bearing
2 revenue bonds, and may also from time to time issue and
3 dispose of its interest bearing revenue bonds to refund any
4 bonds at maturity or pursuant to redemption provisions or at
5 any time before maturity with the consent of the holders
6 thereof. All such bonds shall be payable solely from the
7 revenues or income to be derived from the fairs, expositions,
8 exhibitions, rentals and leases and other authorized
9 activities operated by the Authority, and from funds, if any,
10 received and to be received by the Authority from any other
11 source. Such bonds may bear such date or dates, may mature
12 at such time or times not exceeding 40 years from their
13 respective dates, may bear interest at such rate or rates,
14 not exceeding the maximum rate permitted by the Bond
15 Authorization Act, may be in such form, may carry such
16 registration privileges, may be executed in such manner, may
17 be payable at such place or places, may be made subject to
18 redemption in such manner and upon such terms, with or
19 without premium as is stated on the face thereof, may be
20 executed in such manner and may contain such terms and
21 covenants, all as may be provided in the ordinance. In case
22 any officer whose signature appears on any bond ceases (after
23 attaching his signature) to hold office, his signature shall
24 nevertheless be valid and effective for all purposes. The
25 holder or holders of any bonds, or interest coupons
26 appertaining thereto, issued by the Authority may bring
27 mandamus, injunction, or other civil actions or proceedings
28 to compel the performance and observance by the Authority or
29 any of its officers, agents or employees of any contract or
30 covenant made by the Authority with the holders of such bonds
31 or interest coupons, to compel the Authority and any of its
32 officers, agents or employees to perform any duties required
33 to be performed for the benefit of the holders of any such
34 bonds or interest coupons by the provisions of the ordinance
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1 authorizing their issuance, and to enjoin the Authority and
2 any of its officers, agents or employees from taking any
3 action in conflict with any such contract or covenant.
4 Notwithstanding the form and tenor of any such bonds and
5 in the absence of any express recital on the face thereof
6 that it is non-negotiable, all such bonds shall be negotiable
7 instruments under the Uniform Commercial Code.
8 From and after the issuance of any bonds as herein
9 provided it shall be the duty of the corporate authorities of
10 the Authority to fix and establish rates, charges, rents, and
11 fees for the use of facilities acquired, constructed,
12 reconstructed, extended or improved with the proceeds of the
13 sale of said bonds sufficient at all times, with other
14 revenues of the Authority, to pay:
15 (a) the cost of leasing, maintaining, repairing,
16 regulating and operating the facilities; and
17 (b) the bonds and interest thereon as they shall become
18 due, and all sinking fund requirements and other requirements
19 provided by the ordinance authorizing the issuance of the
20 bonds or as provided by any trust agreement executed to
21 secure payment thereof.
22 To secure the payment of any or all of such bonds and for
23 the purpose of setting forth the covenants and undertakings
24 of the Authority in connection with the issuance thereof and
25 the issuance of any additional bonds payable from such
26 revenue income to be derived from the fairs, recreational,
27 theatrical or cultural expositions, sport activities,
28 exhibitions, office rentals, and air space leases and
29 rentals, and other revenue, if any, the Authority may execute
30 and deliver a trust agreement or agreements; provided that no
31 lien upon any physical property of the Authority shall be
32 created thereby.
33 A remedy for any breach or default of the terms of any
34 such trust agreement by the Authority may be by mandamus,
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1 injunction, or other civil actions or proceedings in any
2 court of competent jurisdiction to compel performance and
3 compliance therewith, but the trust agreement may prescribe
4 by whom or on whose behalf such action may be instituted.
5 Before any such bonds (excepting refunding bonds) are
6 sold, the entire authorized issue, or any part thereof, shall
7 be offered for sale as a unit after advertising for bids at
8 least 3 times in a daily newspaper of general circulation
9 published in the metropolitan area, the last publication to
10 be at least 10 days before bids are required to be filed.
11 Copies of such advertisement may be published in any
12 newspaper or financial publication in the United States. All
13 bids shall be sealed, filed and opened as provided by
14 ordinance and the bonds shall be awarded to the highest and
15 best bidder or bidders therefor. The Authority shall have
16 the right to reject all bids and readvertise for bids in the
17 manner provided for in the initial advertisement. However,
18 if no bids are received such bonds may be sold at not less
19 than par value, without further advertising, within 60 days
20 after the bids are required to be filed pursuant to any
21 advertisement.
22 Section 2-52. Borrowing; revenue bonds; interest payable
23 semi-annually; bond sale price; effect of Omnibus Bond Acts.
24 The Authority shall have continuing power to borrow money for
25 the purpose of carrying out and performing its duties and
26 exercising its powers under this Article.
27 For the purpose of evidencing the obligation of the
28 Authority to repay any money borrowed as aforesaid, the
29 Authority may, pursuant to an ordinance adopted by the Board,
30 from time to time issue and dispose of its interest bearing
31 revenue bonds, and may also from time to time issue and
32 dispose of its interest bearing revenue bonds to refund any
33 bonds at maturity or pursuant to redemption provisions or at
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1 any time before maturity with the consent of the holders
2 thereof. All such bonds shall be payable solely from the
3 revenues or income to be derived from the fairs, expositions,
4 exhibitions, rentals and leases and other authorized
5 activities operated by it, and from funds, if any, received
6 and to be received by the Authority from any other source.
7 Such bonds may bear such date or dates, may mature at such
8 time or times not exceeding 40 years from their respective
9 dates, may bear interest at such rate or rates, not exceeding
10 the maximum rate authorized by the Bond Authorization Act, as
11 amended at the time of the making of the contract, payable
12 semi-annually, may be in such form, may carry such
13 registration privileges, may be executed in such manner, may
14 be payable at such place or places, may be made subject to
15 redemption in such manner and upon such terms, with or
16 without premium as is stated on the face thereof, may be
17 executed in such manner and may contain such terms and
18 covenants, all as may be provided in said ordinance. In case
19 any officer whose signature appears on any bond ceases (after
20 attaching his signature) to hold office, his signature shall
21 nevertheless be valid and effective for all purposes. The
22 holder or holders of any bonds, or interest coupons
23 appertaining thereto issued by the Authority may bring
24 mandamus, injunction, or other civil actions or proceedings
25 to compel the performance and observance by the Authority or
26 any of its officers, agents or employees of any contract or
27 covenant made by the Authority with the holders of such bonds
28 or interest coupons, to compel the Authority and any of its
29 officers, agents or employees to perform any duties required
30 to be performed for the benefit of the holders of any such
31 bonds or interest coupons by the provisions of the ordinance
32 authorizing their issuance, and to enjoin the Authority and
33 any of its officers, agents or employees from taking any
34 action in conflict with any such contract or covenant.
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1 Notwithstanding the form and tenor of any such bonds and
2 in the absence of any express recital on the face thereof
3 that it is non-negotiable, all such bonds shall be negotiable
4 instruments under the Uniform Commercial Code.
5 The bonds shall be sold by the corporate authorities of
6 the Authority in such manner as said corporate authorities
7 shall determine, except that if issued to bear interest at
8 the maximum rate authorized by the Bond Authorization Act, as
9 amended at the time of the making of the contract, the bonds
10 shall be sold for not less than par and accrued interest and
11 except that the selling price of bonds bearing interest at a
12 rate of less than the maximum rate authorized by the Bond
13 Authorization Act, as amended at the time of the making of
14 the contract, shall be such that the interest cost to the
15 Authority of the money received from the sale of bonds shall
16 not exceed the maximum rate authorized by the Bond
17 Authorization Act, as amended at the time of the making of
18 the contract, computed to absolute maturity of said bonds or
19 certificates according to standard tables of bond values.
20 From and after the issuance of any bonds as herein
21 provided it shall be the duty of the corporate authorities of
22 the Authority to fix and establish rates, charges, rents, and
23 fees for the use of facilities acquired, constructed,
24 reconstructed, extended or improved with the proceeds of the
25 sale of said bonds sufficient at all times, with other
26 revenues of the Authority to pay:
27 (a) the cost of maintaining, repairing, regulating and
28 operating the said facilities; and
29 (b) the bonds and interest thereon as they shall become
30 due, and all sinking fund requirements and other requirements
31 provided by the ordinance authorizing the issuance of the
32 bonds or as provided by any trust agreement executed to
33 secure payment thereof.
34 To secure the payment of any or all of such bonds and for
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1 the purpose of setting forth the covenants and undertakings
2 of the Authority in connection with the issuance thereof and
3 the issuance of any additional bonds payable from such
4 revenue income to be derived from the fairs, recreational,
5 theatrical, cultural, expositions, sport activities,
6 exhibitions, office rentals, and air space leases and
7 rentals, and other revenue, if any, the Authority may execute
8 and deliver a trust agreement or agreements; provided that no
9 lien upon any physical property of the Authority shall be
10 created thereby.
11 A remedy for any breach or default of the terms of any
12 such trust agreement by the Authority may be by mandamus,
13 injunction, or other civil actions or proceedings in any
14 court of competent jurisdiction to compel performance and
15 compliance therewith, but the trust agreement may prescribe
16 by whom or on whose behalf such action may be instituted.
17 Before any such bonds (excepting refunding bonds) are
18 sold the entire authorized issue, or any part thereof, shall
19 be offered for sale as a unit after advertising for bids at
20 least 3 times in a daily newspaper of general circulation
21 published in the metropolitan area, the last publication to
22 be at least 10 days before bids are required to be filed.
23 Copies of such advertisement may be published in any
24 newspaper or financial publication in the United States. All
25 bids shall be sealed, filed and opened as provided by
26 ordinance and the bonds shall be awarded to the highest and
27 best bidder or bidders therefor. The Authority shall have the
28 right to reject all bids and readvertise for bids in the
29 manner provided for in the initial advertisement. However, if
30 no bids are received such bonds may be sold at not less than
31 par value, without further advertising, within 60 days after
32 the bids are required to be filed pursuant to any
33 advertisement.
34 With respect to instruments for the payment of money
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1 issued under this Section either before, on, or after the
2 effective date of Public Act 86-4, it is and always has been
3 the intention of the General Assembly (i) that the Omnibus
4 Bond Acts are and always have been supplementary grants of
5 power to issue instruments in accordance with the Omnibus
6 Bond Acts, regardless of any provision of this Article that
7 may appear to be or to have been more restrictive than those
8 Acts, (ii) that the provisions of this Section are not a
9 limitation on the supplementary authority granted by the
10 Omnibus Bond Acts, and (iii) that instruments issued under
11 this Section within the supplementary authority granted by
12 the Omnibus Bond Acts are not invalid because of any
13 provision of this Article that may appear to be or to have
14 been more restrictive than those Acts.
15 Section 2-55. Bonds; nature of indebtedness. Under no
16 circumstances shall any bonds issued by the Authority be or
17 become an indebtedness or obligation of the State of Illinois
18 or of any political subdivision of or municipality within the
19 State, nor shall any such bond or obligation be or become an
20 indebtedness of the Authority within the purview of any
21 constitutional limitation or provision, and it shall be
22 plainly stated on the face of each such bond that it does not
23 constitute such an indebtedness or obligation but is payable
24 solely from the revenues or income as provided in this
25 Article.
26 Section 2-60. Investment in bonds. The State and all
27 counties, cities, villages, incorporated towns and other
28 municipal corporations, political subdivisions and public
29 bodies, and public officers of any thereof; all banks,
30 bankers, trust companies, savings banks and institutions,
31 building and loan associations, savings and loan
32 associations, investment companies and other persons carrying
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1 on an insurance business; and all executors, administrators,
2 guardians, trustees and other fiduciaries may legally invest
3 any sinking funds, moneys or other funds belonging to them or
4 within their control in any bonds issued pursuant to this
5 Article, it being the purpose of this Section to authorize
6 the investment in such bonds of all sinking, insurance,
7 retirement, compensation, pension and trust funds, whether
8 owned or controlled by private or public persons or officers;
9 provided, however, that nothing contained in this Section may
10 be construed as relieving any person from any duty of
11 exercising reasonable care in selecting securities for
12 investment.
13 Section 2-65. Bonds other than revenue bonds. No bonds,
14 other than revenue bonds issued pursuant to Section 2-50,
15 shall be issued by the Authority until the proposition to
16 issue the bonds has been submitted to and approved by a
17 majority of the voters of the metropolitan area voting upon
18 the proposition at a general election in accordance with the
19 general election law. The Authority may by resolution order
20 the proposition submitted at a regular election in accordance
21 with the general election law, whereupon the recording
22 officer shall certify the resolution and the proposition to
23 the proper election officials for submission. Any
24 proposition to issue bonds under this Section shall be in
25 substantially the following form:
26 Shall bonds of the (name of Authority) to the amount
27 of $(amount) be issued for the purpose of (state
28 purpose)?
29 The votes shall be recorded as "Yes" or "No".
30 Section 2-70. Tax. If a majority of the voters of the
31 metropolitan area approve the issuance of bonds as provided
32 in Section 2-65, the Authority shall have power to levy and
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1 collect annually a sum sufficient to pay for the annual
2 principal and interest charges on such bonds.
3 Such taxes proposed by the Authority to be levied upon
4 the taxable property within the metropolitan area shall be
5 levied by ordinance. After the ordinance has been adopted it
6 shall, within 10 days after its passage, be published once in
7 a newspaper published and having a general circulation within
8 the metropolitan area. A certified copy of such levy
9 ordinance shall be filed with the county clerk no later than
10 the 3rd Tuesday in September in each year. Upon the filing of
11 the ordinance the county clerk shall extend such tax;
12 provided the aggregate amount of taxes levied for any one
13 year shall not exceed the rate of .0005% of the full fair
14 cash value, as equalized or assessed by the Department of
15 Revenue.
16 Section 2-75. Board members; financial matters; conflict
17 of interest. The members of the Board shall serve without
18 compensation, but shall be reimbursed for actual expenses
19 incurred by them in the performance of their duties.
20 No member of the Board or employee of the Authority shall
21 have any private financial interest, profit or benefit in any
22 contract, work or business of the Authority or in the sale or
23 lease of any property to or from the Authority.
24 Section 2-76. Board members; financial matters;
25 compensation for secretary or treasurer; conflict of
26 interest. The members of the Board shall serve without
27 compensation, but shall be reimbursed for actual expenses
28 incurred by them in the performance of their duties. However,
29 any member of the Board who is appointed to the office of
30 secretary or treasurer may receive compensation for his or
31 her services as such officer.
32 No member of the Board or employee of the Authority shall
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1 have any private financial interest, profit or benefit in any
2 contract, work or business of the Authority or in the sale or
3 lease of any property to or from the Authority.
4 Section 2-80. Board members' oath. Within 30 days after
5 certification of appointment, and before entering upon the
6 duties of office, each member of the Board shall take and
7 subscribe the constitutional oath of office and file it in
8 the office of the Secretary of State.
9 Section 2-83. Removal of Board member from office. The
10 appointing officer may remove any member of the Board
11 appointed by the officer, in case of incompetency, neglect of
12 duty, or malfeasance in office, after service on the member,
13 by registered United States mail, return requested, of a copy
14 of the written charges against the member and an opportunity
15 to be publicly heard in person or by counsel in the member's
16 own defense upon not less than 10 days' notice.
17 Section 2-85. Board members; vacancy in office. Members
18 of the Board shall hold office until their respective
19 successors have been appointed and qualified. Any member may
20 resign from office; the resignation takes effect when the
21 member's successor has been appointed and has qualified.
22 In case of failure to qualify within the time required,
23 abandonment of office, death, conviction of a felony or
24 removal from office, a member's office shall become vacant.
25 Each vacancy shall be filled for the unexpired term by
26 appointment in like manner as in the case of expiration of
27 the term of a member of the Board.
28 Section 2-90. Organization of the Board. As soon as
29 practicably possible after the appointment of the initial
30 members, the Board shall organize for the transaction of
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1 business, select a chairman and a temporary secretary from
2 its own number, and adopt by-laws and regulations to govern
3 its proceedings. The initial chairman and his successors
4 shall be elected by the Board from time to time for the term
5 of the chairman's office as a member of the Board or for the
6 term of 3 years, whichever is shorter.
7 Section 2-95. Meetings; action by 5 Board members.
8 Regular meetings of the Board shall be held at least once in
9 each calendar month, the time and place of such meetings to
10 be fixed by the Board.
11 Five members of the Board shall constitute a quorum for
12 the transaction of business. All actions of the Board shall
13 be by ordinance or resolution and the affirmative vote of at
14 least 5 members shall be necessary for the adoption of any
15 ordinance or resolution.
16 All ordinances, resolutions and proceedings of the
17 Authority and all documents and records in its possession
18 shall be public records, and open to public inspection,
19 except such documents and records as shall be kept or
20 prepared by the Board for use in negotiations, actions or
21 proceedings to which the Authority is a party.
22 Section 2-96. Meetings; action by 4 Board members.
23 Regular meetings of the Board shall be held at least once in
24 each calendar month, the time and place of such meetings to
25 be fixed by the Board.
26 Four members of the Board shall constitute a quorum for
27 the transaction of business. All actions of the Board shall
28 be by ordinance or resolution and the affirmative vote of at
29 least 4 members shall be necessary for the adoption of any
30 ordinance or resolution.
31 All ordinances, resolutions and proceedings of the
32 Authority and all documents and records in its possession
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1 shall be public records, and open to public inspection,
2 except such documents and records as shall be kept or
3 prepared by the Board for use in negotiations, actions or
4 proceedings to which the Authority is a party.
5 Section 2-97. Board meetings; public records. Regular
6 meetings of the Board shall be held at least once in each
7 calendar month, the time and place of such meetings to be
8 fixed by the Board.
9 All ordinances, resolutions and proceedings of the
10 Authority and all documents and records in its possession
11 shall be public records, and open to public inspection,
12 except such documents and records as shall be kept or
13 prepared by the Board for use in negotiations, actions or
14 proceedings to which the Authority is a party.
15 Section 2-100. Secretary; treasurer. The Board shall
16 appoint a secretary and a treasurer, who need not be members
17 of the Board, to hold office during the pleasure of the Board
18 and shall fix their duties and compensation. Before entering
19 upon the duties of their respective offices they shall take
20 and subscribe the constitutional oath of office, and the
21 treasurer shall execute a bond with corporate sureties to be
22 approved by the Board. The bond shall be payable to the
23 Authority in whatever penal sum may be directed upon the
24 faithful performance of the duties of the office and the
25 payment of all money received by the treasurer according to
26 law and the orders of the Board. The Board may, at any time,
27 require a new bond from the treasurer in a penal sum as may
28 then be determined by the Board. The obligation of the
29 sureties shall not extend to any loss sustained by the
30 insolvency, failure or closing of any national or state bank
31 wherein the treasurer has deposited funds if the bank has
32 been approved by the Board as a depositary for those funds.
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1 The oaths of office and the treasurer's bond shall be filed
2 in the principal office of the Authority.
3 Section 2-101. Secretary; treasurer; funds deposited in
4 bank or savings and loan association. The Board shall appoint
5 a secretary and a treasurer, who need not be members of the
6 Board, to hold office during the pleasure of the Board and
7 shall fix their duties and compensation. Before entering upon
8 the duties of their respective offices they shall take and
9 subscribe the constitutional oath of office, and the
10 treasurer shall execute a bond with corporate sureties to be
11 approved by the Board. The bond shall be payable to the
12 Authority in whatever penal sum may be directed upon the
13 faithful performance of the duties of the office and the
14 payment of all money received by the treasurer according to
15 law and the orders of the Board. The Board may, at any time,
16 require a new bond from the treasurer in such penal sum as
17 may then be determined by the Board. The obligation of the
18 sureties shall not extend to any loss sustained by the
19 insolvency, failure or closing of any savings and loan
20 association or national or State bank wherein the treasurer
21 has deposited funds if the bank or savings and loan
22 association has been approved by the Board as a depository
23 for those funds. The oaths of office and the treasurer's bond
24 shall be filed in the principal office of the Authority.
25 Section 2-105. Funds. All funds deposited by the
26 treasurer in any bank shall be placed in the name of the
27 Authority and shall be withdrawn or paid out only by check or
28 draft upon the bank, signed by the treasurer and
29 countersigned by the chairman of the Board. The Board may
30 designate any of its members or any officer or employee of
31 the Authority to affix the signature of the chairman and
32 another to affix the signature of the treasurer to any check
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1 or draft for payment of salaries or wages and for payment of
2 any other obligation of not more than $2,500.
3 Section 2-106. Funds; compliance with Public Funds
4 Investment Act. All funds deposited by the treasurer in any
5 bank or savings and loan association shall be placed in the
6 name of the Authority and shall be withdrawn or paid out only
7 by check or draft upon the bank or savings and loan
8 association, signed by the treasurer and countersigned by the
9 chairman of the Board. The Board may designate any of its
10 members or any officer or employee of the Authority to affix
11 the signature of the chairman and another to affix the
12 signature of the treasurer to any check or draft for payment
13 of salaries or wages and for payment of any other obligation
14 of not more than $2,500.
15 No bank or savings and loan association shall receive
16 public funds as permitted by this Section, unless it has
17 complied with the requirements established pursuant to
18 Section 6 of the Public Funds Investment Act.
19 Section 2-110. Signatures on checks or drafts. In case
20 any officer whose signature appears upon any check or draft
21 issued pursuant to this Article ceases to hold office after
22 attaching his or her signature and before the delivery of the
23 check or draft to the payee, that signature nevertheless
24 shall be valid and sufficient for all purposes with the same
25 effect as if the officer had remained in office until
26 delivery.
27 Section 2-115. General manager; other appointments. The
28 Board may appoint a general manager who shall be a person of
29 recognized ability and business experience, to hold office
30 during the pleasure of the Board. The general manager shall
31 have management of the properties and business of the
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1 Authority and of the employees thereof subject to the general
2 control of the Board, shall direct the enforcement of all
3 ordinances, resolutions, rules and regulations of the Board,
4 and shall perform such other duties as may be prescribed from
5 time to time by the Board.
6 The Board may appoint a general attorney and a chief
7 engineer and shall provide for the appointment of such other
8 officers, attorneys, engineers, planners, consultants, agents
9 and employees as may be necessary. The Board shall define
10 their duties and require bonds of such of them as the Board
11 may designate.
12 The general manager, general attorney, chief engineer,
13 and all other officers provided for pursuant to this Section
14 shall be exempt from taking and subscribing any oath of
15 office and shall not be members of the Board.
16 The compensation of the general manager, general
17 attorney, chief engineer, and all other officers, attorneys,
18 planners, consultants, agents and employees shall be fixed by
19 the Board.
20 Section 2-120. Ordinances, rules, and regulations; fines
21 and penalties. The Board shall have power to pass all
22 ordinances and make all rules and regulations proper or
23 necessary to carry into effect the powers granted to the
24 Authority, with such fines or penalties as may be deemed
25 proper. All fines and penalties shall be imposed by
26 ordinance, which shall be published in a newspaper of general
27 circulation published in the metropolitan area. No such
28 ordinance imposing a fine or penalty shall take effect until
29 10 days after its publication.
30 Section 2-122. Rules and regulations; penalties. The
31 Board shall have power to make all rules and regulations
32 proper or necessary to carry into effect the powers granted
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1 to the Authority, with such penalties as may be deemed
2 proper.
3 Section 2-125. Contracts; award to other than highest or
4 lowest bidder by vote of 5 Board members. All contracts for
5 the sale of property of the value of more than $2,500 or for
6 a concession in or lease of property, including air rights,
7 of the Authority for a term of more than one year shall be
8 awarded to the highest responsible bidder, after advertising
9 for bids. All construction contracts and contracts for
10 supplies, materials, equipment and services, when the expense
11 thereof will exceed $2,500, shall be let to the lowest
12 responsible bidder after advertising for bids, excepting (1)
13 when repair parts, accessories, equipment or services are
14 required for equipment or services previously furnished or
15 contracted for; (2) when the nature of the services required
16 is such that competitive bidding is not in the best interest
17 of the public, including, without limiting the generality of
18 the foregoing, the services of accountants, architects,
19 attorneys, engineers, physicians, superintendents of
20 construction, and others possessing a high degree of skill;
21 and (3) when services such as water, light, heat, power,
22 telephone or telegraph are required.
23 All contracts involving less than $2,500 shall be let by
24 competitive bidding to the lowest responsible bidder whenever
25 possible, and in any event in a manner calculated to ensure
26 the best interests of the public. Competitive bidding is not
27 required for the lease of real estate or buildings owned or
28 controlled by the Authority. The Board is empowered to offer
29 such leases upon such terms as it deems advisable.
30 In determining the responsibility of any bidder, the
31 Board may take into account the past record of dealings with
32 the bidder, the bidder's experience, adequacy of equipment,
33 and ability to complete performance within the time set, and
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1 other factors besides financial responsibility, but in no
2 case shall any such contracts be awarded to any other than
3 the highest bidder (in case of sale, concession or lease) or
4 the lowest bidder (in case of purchase or expenditure) unless
5 authorized or approved by a vote of at least 5 members of the
6 Board, and unless such action is accompanied by a statement
7 in writing setting forth the reasons for not awarding the
8 contract to the highest or lowest bidder, as the case may be,
9 which statement shall be kept on file in the principal office
10 of the Authority and open to public inspection.
11 Members of the Board, officers and employees of the
12 Authority, and their relatives within the fourth degree of
13 consanguinity by the terms of the civil law are forbidden to
14 be interested directly or indirectly in any contract for
15 construction or maintenance work or for the delivery of
16 materials, supplies or equipment.
17 The Board shall have the right to reject all bids and to
18 readvertise for bids. If after any such advertisement no
19 responsible and satisfactory bid, within the terms of the
20 advertisement, shall be received, the Board may award such
21 contract without competitive bidding, provided that it shall
22 not be less advantageous to the Authority than any valid bid
23 received pursuant to advertisement.
24 The Board shall adopt rules and regulations to carry into
25 effect the provisions of this Section.
26 Section 2-126. Contracts; award to other than highest or
27 lowest bidder by vote of 4 Board members. All contracts for
28 the sale of property of the value of more than $2,500 or for
29 a concession in or lease of property including air rights, of
30 the Authority for a term of more than one year shall be
31 awarded to the highest responsible bidder, after advertising
32 for bids. All construction contracts and contracts for
33 supplies, materials, equipment and services, when the expense
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1 thereof will exceed $2,500, shall be let to the lowest
2 responsible bidder, after advertising for bids, excepting (1)
3 when repair parts, accessories, equipment or services are
4 required for equipment or services previously furnished or
5 contracted for; (2) when the nature of the services required
6 is such that competitive bidding is not in the best interest
7 of the public, including, without limiting the generality of
8 the foregoing, the services of accountants, architects,
9 attorneys, engineers, physicians, superintendents of
10 construction, and others possessing a high degree of skill;
11 and (3) when services such as water, light, heat, power,
12 telephone or telegraph are required.
13 All contracts involving less than $2,500 shall be let by
14 competitive bidding to the lowest responsible bidder whenever
15 possible, and in any event in a manner calculated to ensure
16 the best interests of the public. Competitive bidding is not
17 required for the lease of real estate or buildings owned or
18 controlled by the Authority. The Board is empowered to offer
19 such leases upon such terms as it deems advisable.
20 In determining the responsibility of any bidder, the
21 Board may take into account the past record of dealings with
22 the bidder, the bidder's experience, adequacy of equipment,
23 and ability to complete performance within the time set, and
24 other factors besides financial responsibility, but in no
25 case shall any such contracts be awarded to any other than
26 the highest bidder (in case of sale, concession or lease) or
27 the lowest bidder (in case of purchase or expenditure) unless
28 authorized or approved by a vote of at least 4 members of the
29 Board, and unless such action is accompanied by a statement
30 in writing setting forth the reasons for not awarding the
31 contract to the highest or lowest bidder, as the case may be,
32 which statement shall be kept on file in the principal office
33 of the Authority and open to public inspection.
34 Members of the Board, officers and employees of the
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1 Authority, and their relatives within the fourth degree of
2 consanguinity by the terms of the civil law, are forbidden to
3 be interested directly or indirectly in any contract for
4 construction or maintenance work or for the delivery of
5 materials, supplies or equipment.
6 The Board shall have the right to reject all bids and to
7 readvertise for bids. If after any such advertisement no
8 responsible and satisfactory bid, within the terms of the
9 advertisement, shall be received, the Board may award such
10 contract, without competitive bidding, provided that it shall
11 not be less advantageous to the Authority than any valid bid
12 received pursuant to advertisement.
13 The Board shall adopt rules and regulations to carry into
14 effect the provisions of this Section.
15 Section 2-127. Contracts; award to other than highest or
16 lowest bidder by four-fifths vote. All contracts for sale of
17 property of the value of more than $2500, or for a concession
18 in or lease of property, including air rights, of the
19 Authority for a term of more than one year, shall be awarded
20 to the highest responsible bidder, after advertising for
21 bids. All construction contracts and contracts for supplies,
22 materials, equipment and services, when the expense thereof
23 will exceed $2500, shall be let to the lowest responsible
24 bidder, after advertising for bids, except: (1) when repair
25 parts, accessories, equipment or services are required for
26 equipment or services previously furnished or contracted for;
27 (2) when the nature of the services required is such that
28 competitive bidding is not in the best interest of the
29 public, including, without limiting the generality of the
30 foregoing, the services of accountants, architects,
31 attorneys, engineers, physicians, superintendents of
32 construction, and others possessing a high degree of skill;
33 and (3) when services such as water, light, heat, power,
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1 telephone or telegraph are required.
2 All contracts involving less than $2500 shall be let by
3 competitive bidding to the lowest responsible bidder whenever
4 possible, and in any event in a manner calculated to ensure
5 the best interests of the public.
6 In determining the responsibility of any bidder, the
7 Board may take into account the past record of dealings with
8 the bidder, the bidder's experience, adequacy of equipment,
9 and ability to complete performance within the time set, and
10 other factors besides financial responsibility, but in no
11 case shall any such contract be awarded to any other than the
12 highest bidder (in case of sale, concession or lease) or the
13 lowest bidder (in case of purchase or expenditure) unless
14 authorized or approved by a vote of at least 4/5 of the
15 members of the Board, and unless such action is accompanied
16 by a statement in writing setting forth the reasons for not
17 awarding the contract to the highest or lowest bidder, as the
18 case may be, which statement shall be kept on file in the
19 principal office of the Authority and open to public
20 inspection.
21 Members of the Board, officers and employees of the
22 Authority, and their relatives within the fourth degree of
23 consanguinity by the terms of the civil law, are forbidden to
24 be interested directly or indirectly in any contract for
25 construction or maintenance work or for the delivery of
26 materials, supplies or equipment.
27 The Board shall have the right to reject all bids and to
28 readvertise for bids. If after any such advertisement no
29 responsible and satisfactory bid, within the terms of the
30 advertisement, shall be received, the Board may award such
31 contract, without competitive bidding, provided that it shall
32 not be less advantageous to the Authority than any valid bid
33 received pursuant to advertisement.
34 The Board shall adopt rules and regulations to carry into
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1 effect the provisions of this Section.
2 Section 2-128. Contracts; award to other than highest or
3 lowest bidder by three-fourths vote. All contracts for the
4 sale of property of the value of more than $2,500 or for any
5 concession in or lease of property of the Authority for a
6 term of more than one year shall be awarded to the highest
7 responsible bidder, after advertising for bids. All
8 construction contracts and contracts for supplies, materials,
9 equipment and services, when the expense thereof will exceed
10 $2,500, shall be let to the lowest responsible bidder, after
11 advertising for bids, excepting (1) when repair parts,
12 accessories, equipment or services are required for equipment
13 or services previously furnished or contracted for; (2) when
14 the nature of the services required is such that competitive
15 bidding is not in the best interest of the public, including,
16 without limiting the generality of the foregoing, the
17 services of accountants, architects, attorneys, engineers,
18 physicians, superintendents of construction, and others
19 possessing a high degree of skill; and (3) when services such
20 as water, light, heat, power, telephone or telegraph are
21 required.
22 All contracts involving less than $2,500 shall be let by
23 competitive bidding whenever possible, and in any event in a
24 manner calculated to ensure the best interests of the public.
25 In determining the responsibility of any bidder, the
26 Board may take into account the past record of dealings with
27 the bidder, the bidder's experience, adequacy of equipment,
28 and ability to complete performance within the time set, and
29 other factors besides financial responsibility, but in no
30 case shall any such contracts be awarded to any other than
31 the highest bidder (in case of sale, concession or lease) or
32 the lowest bidder (in case of purchase or expenditure) unless
33 authorized or approved by a vote of at least three-fourths of
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1 the members of the Board, and unless such action is
2 accompanied by a statement in writing setting forth the
3 reasons for not awarding the contract to the highest or
4 lowest bidder, as the case may be, which statement shall be
5 kept on file in the principal office of the Authority and
6 open to public inspection.
7 From the group of responsible bidders the lowest bidder
8 shall be selected in the following manner: to all bids for
9 sales the gross receipts of which are not taxable under the
10 "Retailers' Occupation Tax Act", approved June 28, 1933, as
11 amended, there shall be added an amount equal to the tax
12 which would be payable under said Act, if applicable, and the
13 lowest in amount of said adjusted bids and bids for sales the
14 gross receipts of which are taxable under said Act shall be
15 considered the lowest bid; provided, that, if said lowest bid
16 relates to a sale not taxable under said Act, any contract
17 entered into thereon shall be in the amount of the original
18 bid not adjusted as aforesaid.
19 Contracts shall not be split into parts involving
20 expenditures of less than $2,500 for the purposes of avoiding
21 the provisions of this Section, and all such split contracts
22 shall be void. If any collusion occurs among bidders or
23 prospective bidders in restraint of freedom of competition,
24 by agreement to bid a fixed amount or to refrain from bidding
25 or otherwise, the bids of such bidders shall be void. Each
26 bidder shall accompany his bid with a sworn statement that he
27 has not been a party to any such agreement.
28 Members of the Board, officers and employees of the
29 Authority, and their relatives within the fourth degree of
30 consanguinity by the terms of the civil law, are forbidden to
31 be interested directly or indirectly in any contract for
32 construction or maintenance work or for the delivery of
33 materials, supplies or equipment.
34 The Board shall have the right to reject all bids and to
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1 readvertise for bids. If after any such advertisement no
2 responsible and satisfactory bid, within the terms of the
3 advertisement, shall be received, the Board may award such
4 contract, without competitive bidding, provided that it shall
5 not be less advantageous to the Authority than any valid bid
6 received pursuant to advertisement.
7 The Board shall adopt rules and regulations to carry into
8 effect the provisions of this Section.
9 Section 2-130. Bids and advertisements. Advertisements
10 for bids shall be published at least twice in a daily
11 newspaper of general circulation published in the
12 metropolitan area, the last publication to be at least 10
13 calendar days before the time for receiving bids, and such
14 advertisements shall also be posted on readily accessible
15 bulletin boards in the principal office of the Authority.
16 Such advertisements shall state the time and place for
17 receiving and opening bids and, by reference to plans and
18 specifications on file at the time of the first publication,
19 or in the advertisement itself, shall describe the character
20 of the proposed contract in sufficient detail to fully advise
21 prospective bidders of their obligations and to ensure free
22 and open competitive bidding.
23 All bids in response to advertisements shall be sealed
24 and shall be publicly opened by the Board, and all bidders
25 shall be entitled to be present in person or by
26 representatives. Cash or a certified or satisfactory
27 cashier's check, as a deposit of good faith, in a reasonable
28 amount to be fixed by the Board before advertising for bids,
29 shall be required with the proposal of each bidder. Bond for
30 faithful performance of the contract with surety or sureties
31 satisfactory to the Board and adequate insurance may be
32 required in reasonable amounts to be fixed by the Board
33 before advertising for bids.
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1 The contract shall be awarded as promptly as possible
2 after the opening of bids. The bid of the successful bidder,
3 as well as the bids of the unsuccessful bidders, shall be
4 placed on file and be open to public inspection. All bids
5 shall be void if any disclosure of the terms of any bid in
6 response to an advertisement is made or permitted to be made
7 by the Board before the time fixed for opening bids.
8 Section 2-132. Bidders; civil action to compel
9 compliance. Any bidder who has submitted a bid in compliance
10 with the requirements for bidding may bring a civil action in
11 the circuit court in the county in which the metropolitan
12 area is located to compel compliance with the provisions of
13 this Article relating to the awarding of contracts by the
14 Board.
15 Section 2-135. Report and financial statement. As soon
16 after the end of each fiscal year as may be expedient, the
17 Board shall cause to be prepared and printed a complete and
18 detailed report and financial statement of its operations and
19 of its assets and liabilities. A reasonably sufficient
20 number of copies of such report shall be printed for
21 distribution to persons interested upon request and a copy
22 thereof shall be filed with the county clerk and the
23 appointing officers.
24 Section 2-140. State financial support. The Authority
25 created by this Article shall receive financial support from
26 the State in the amounts provided for in Section 4 of the
27 Metropolitan Civic Center Support Act.
28 Section 2-145. Antitrust laws. The Authority is
29 expressly made the beneficiary of the provisions of Section 1
30 of the Local Government Antitrust Exemption Act, and the
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1 General Assembly intends that the "State action exemption" to
2 the application of the federal antitrust laws be fully
3 available to the Authority to the extent its activities are
4 either (1) expressly or by necessary implication authorized
5 by this Article or other Illinois law or (2) within
6 traditional areas of local governmental activity.
7 Section 2-150. Tax exemption. All property of the
8 Authority shall be exempt from taxation by the State or any
9 taxing unit therein.
10 Section 2-155. Partial invalidity. If any provision of
11 this Article is held invalid such provision shall be deemed
12 to be excised from this Article and the invalidity thereof
13 shall not affect any of the other provisions of this Article.
14 If the application of any provision of this Article to any
15 person or circumstance is held invalid it shall not affect
16 the application of such provision to such persons or
17 circumstances other than those as to which it is held
18 invalid.
19 ARTICLE 5.
20 ALEDO CIVIC CENTER
21 (70 ILCS 220/1-2)
22 Section 5-1. Short title. Sec. 1-2. This Article shall be
23 known and may be cited as the Aledo Civic Center Law of 1997.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/1-3, in part)
26 Section 5-5. Definitions. Sec. 1-3. When used in this
27 Article:
28 "Authority" means the Aledo Civic Center Authority.
29 "Board" means the governing and administrative body of
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1 the Aledo Community Center Authority.
2 "Metropolitan area" means all that territory in the State
3 of Illinois lying within the corporate boundaries of Mercer
4 Township in the County of Mercer.
5 (Source: P.A. 85-1448.)
6 (70 ILCS 220/1-4, in part)
7 Section 5-10. Authority created; principal office. Sec.
8 1-4. There is hereby created a political subdivision, body
9 politic and municipal corporation by the name and style of
10 the Aledo Community Center Authority in the metropolitan
11 area.
12 The principal office of the Authority shall be in the
13 City of Aledo.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/1-14, in part)
16 Section 5-15. Board created. Sec. 1-14. The governing and
17 administrative body of the Authority shall be a board
18 consisting of 9 members and shall be known as the Aledo Civic
19 Center Authority Board. The members of the board shall be
20 individuals of generally recognized ability and integrity.
21 (70 ILCS 220/1-15, in part)
22 Section 5-20. Board members appointed. Sec. 1-15. Within
23 60 days after September 3, 1985 (the effective date of
24 Article 1 of Public Act 84-245), this Article becomes
25 effective: the Mayor of the City of Aledo with the advice and
26 consent of the Aledo City Council shall appoint 3 members of
27 the Board for initial terms expiring June 1, 1986; 3 members
28 for initial terms expiring June 1, 1987; and 3 members for
29 initial terms expiring June 1, 1988. The successors of the
30 initial members shall be appointed in like manner for 3 year
31 terms from the date of appointment, except in case of an
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1 appointment to fill a vacancy.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/1-16, in part)
4 Section 5-25. Removal of Board members. Sec. 1-16. The
5 appointing officer, with the advice and consent of the Aledo
6 City Council, may remove any member of the Board appointed by
7 him, in case of incompetency, neglect of duty, or malfeasance
8 in office, after service on him, by registered United States
9 mail, return requested, of a copy of the written charges
10 against him and an opportunity to be publicly heard in person
11 or by counsel in his own defense upon not less than 10 days'
12 notice.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/1-25, in part)
15 Section 5-30. Bidders; civil action to compel compliance.
16 Any bidder who has submitted a bid in compliance with the
17 requirements for bidding under this Article may bring a civil
18 action in the circuit court of Mercer county in which the
19 metropolitan area is located to compel compliance with the
20 provisions of this Article Act relating to the awarding of
21 contracts by the Board.
22 (Source: P.A. 84-245.)
23 Section 5-35. Standard civic center provisions
24 incorporated by reference. The following Sections of this
25 Code are incorporated by reference into this Article:
26 Section 2-3. Purpose.
27 Section 2-5. Definitions.
28 Section 2-10. Lawsuits; common seal.
29 Section 2-15. Duties; auditorium, recreational, and other
30 buildings; lease of space.
31 Section 2-20. Rights and powers, including eminent
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1 domain.
2 Section 2-25. Incurring obligations.
3 Section 2-35. Acquisition of property from person,
4 State, or local agency.
5 Section 2-40. Federal money.
6 Section 2-45. Insurance.
7 Section 2-50. Borrowing; revenue bonds; suits to compel
8 performance.
9 Section 2-55. Bonds; nature of indebtedness.
10 Section 2-60. Investment in bonds.
11 Section 2-75. Board members; financial matters; conflict
12 of interest.
13 Section 2-80. Board members' oath.
14 Section 2-85. Board members; vacancy in office.
15 Section 2-90. Organization of the Board.
16 Section 2-95. Meetings; action by 5 Board members.
17 Section 2-100. Secretary; treasurer.
18 Section 2-105. Funds.
19 Section 2-110. Signatures on checks or drafts.
20 Section 2-115. General manager; other appointments.
21 Section 2-122. Rules and regulations; penalties.
22 Section 2-125. Contracts; award to other than highest or
23 lowest bidder by vote of 5 Board members.
24 Section 2-130. Bids and advertisements.
25 Section 2-135. Report and financial statement.
26 Section 2-140. State financial support.
27 Section 2-145. Anti-trust laws.
28 Section 2-150. Tax exemption.
29 ARTICLE 10.
30 AURORA CIVIC CENTER
31 (70 ILCS 225/1)
32 Section 10-1. Short title. Sec. 1. This Article Act shall
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1 be known and may be cited as the Aurora Civic Center Law of
2 1997 Act.
3 (Source: P.A. 78-927.)
4 (70 ILCS 225/2, in part)
5 Section 10-5. Definitions. Sec. 2. When used in this
6 Article Act:
7 "Authority" means Aurora Metropolitan Exposition,
8 Auditorium and Office Building Authority.
9 "Board" means the governing and administrative body of
10 the Aurora Metropolitan Exposition, Auditorium and Office
11 Building Authority.
12 "Metropolitan area" means all that territory in the State
13 of Illinois lying within the corporate boundaries of the City
14 of Aurora and the Waubonsee Community College District #516
15 except for those portions lying within counties which have a
16 civic center authority within the corporate limits of such
17 counties.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 225/3, in part)
20 Section 10-10. Authority created; principal office. Sec.
21 3. There is hereby created a political subdivision, body
22 politic and municipal corporation by the name and style of
23 Aurora Metropolitan Exposition, Auditorium and Office
24 Building Authority in the metropolitan area. The principal
25 office of the Authority shall be in the City of Aurora.
26 (Source: P.A. 78-927.)
27 (70 ILCS 225/5)
28 Section 10-15. Rights and powers. Sec. 5. The Authority
29 shall have the following rights and powers duties:
30 (a) To acquire, purchase, own, construct, lease as
31 lessee or in any other way acquire, improve, extend, repair,
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1 reconstruct, regulate, operate, equip and maintain fair
2 expositions grounds, convention or exhibition centers, civic
3 auditoriums, and office, educational and municipal buildings,
4 including sites and parking areas and facilities therefor
5 located within the metropolitan area.
6 (b) To enter into contracts treating in any manner with
7 the objects and purposes of this Article Act.
8 (c) To plan for such grounds, centers and auditoriums
9 and to plan, sponsor, hold, arrange, and finance fairs,
10 industrial, cultural, educational, trade and scientific
11 exhibits, shows and events and to use or allow the use of
12 such grounds, centers and auditoriums for the holding of
13 fairs, exhibits, shows and events whether conducted by the
14 Authority or some other person or governmental agency.
15 (d) To exercise the right of eminent domain to acquire
16 sites for such grounds, centers, buildings and auditoriums,
17 and parking areas and facilities in the manner provided for
18 the exercise of the right of eminent domain under Article VII
19 of the Code of Civil Procedure, as amended.
20 (e) To fix and collect just, reasonable and
21 nondiscriminatory charges and rents for the use of such
22 parking areas and facilities, grounds, centers, buildings and
23 auditoriums and admission charges to fairs, shows, exhibits
24 and events sponsored or held by the Authority. The charges
25 collected may be made available to defray the reasonable
26 expenses of the Authority and to pay the principal of and the
27 interest on any bonds issued by the Authority.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 225/10)
30 Section 10-16. Borrowing; revenue bonds; interest payable
31 semi-annually; bond sale price; effect of Omnibus Bond Acts.
32 Sec. 10. The Authority shall have continuing power to borrow
33 money for the purpose of carrying out and performing its
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1 duties and exercising its powers under this Article Act.
2 For the purpose of evidencing the obligation of the
3 Authority to repay any money borrowed as aforesaid, the
4 Authority may, pursuant to an ordinance adopted by the Board,
5 from time to time issue and dispose of its interest bearing
6 revenue bonds, and may also from time to time issue and
7 dispose of its interest bearing revenue bonds to refund any
8 bonds at maturity or pursuant to redemption provisions or at
9 any time before maturity with the consent of the holders
10 thereof. All such bonds shall be payable solely from the
11 revenues or income to be derived from the fairs, expositions,
12 exhibitions, rentals and leases and other authorized
13 activities operated by it, and from funds, if any, received
14 and to be received by the Authority from any other source.
15 Such bonds may bear such date or dates, may mature at such
16 time or times not exceeding 40 years from their respective
17 dates, may bear interest at such rate or rates, not exceeding
18 the maximum rate authorized by the Bond Authorization Act, as
19 amended at the time of the making of the contract, payable
20 semi-annually, may be in such form, may carry such
21 registration privileges, may be executed in such manner, may
22 be payable at such place or places, may be made subject to
23 redemption in such manner and upon such terms, with or
24 without premium as is stated on the face thereof, may be
25 executed in such manner and may contain such terms and
26 covenants, all as may be provided in said ordinance. In case
27 any officer whose signature appears on any bond ceases (after
28 attaching his signature) to hold office, his signature shall
29 nevertheless be valid and effective for all purposes. The
30 holder or holders of any bonds, or interest coupons
31 appertaining thereto issued by the Authority may bring
32 mandamus, injunction, or other civil actions or and
33 proceedings to compel the performance and observance by the
34 Authority or any of its officers, agents or employees of any
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1 contract or covenant made by the Authority with the holders
2 of such bonds or interest coupons, and to compel the
3 Authority and any of its officers, agents or employees to
4 perform any duties required to be performed for the benefit
5 of the holders of any such bonds or interest coupons by the
6 provisions of the ordinance authorizing their issuance, and
7 to enjoin the Authority and any of its officers, agents or
8 employees from taking any action in conflict with any such
9 contract or covenant.
10 Notwithstanding the form and tenor of any such bonds and
11 in the absence of any express recital on the face thereof
12 that it is non-negotiable, all such bonds shall be negotiable
13 instruments under the Uniform Commercial Code of the State of
14 Illinois.
15 The bonds shall be sold by the corporate authorities of
16 the Authority in such manner as said corporate authorities
17 shall determine, except that if issued to bear interest at
18 the maximum rate authorized by the Bond Authorization Act, as
19 amended at the time of the making of the contract, the bonds
20 shall be sold for not less than par and accrued interest and
21 except that the selling price of bonds bearing interest at a
22 rate of less than the maximum rate authorized by the Bond
23 Authorization Act, as amended at the time of the making of
24 the contract, shall be such that the interest cost to the
25 Authority of the money received from the sale of bonds shall
26 not exceed the maximum rate authorized by the Bond
27 Authorization Act, as amended at the time of the making of
28 the contract, computed to absolute maturity of said bonds or
29 certificates according to standard tables of bond values.
30 From and after the issuance of any bonds as herein
31 provided it shall be the duty of the corporate authorities of
32 the Authority to fix and establish rates, charges, rents, and
33 fees for the use of facilities acquired, constructed,
34 reconstructed, extended or improved with the proceeds of the
-43- LRB9000879DJcd
1 sale of said bonds sufficient at all times, with other
2 revenues of the Authority to pay:
3 (a) the cost of maintaining, repairing, regulating and
4 operating the said facilities; and
5 (b) the bonds and interest thereon as they shall become
6 due, and all sinking fund requirements and other requirements
7 provided by the ordinance authorizing the issuance of the
8 bonds or as provided by any trust agreement executed to
9 secure payment thereof.
10 To secure the payment of any or all of such bonds and for
11 the purpose of setting forth the covenants and undertakings
12 of the Authority in connection with the issuance thereof and
13 the issuance of any additional bonds payable from such
14 revenue income to be derived from the fairs, recreational,
15 theatrical, cultural, expositions, sport activities,
16 exhibitions, office rentals, and air space leases and
17 rentals, and other revenue, if any, the Authority may
18 execute and deliver a trust agreement or agreements; provided
19 that no lien upon any physical property of the Authority
20 shall be created thereby.
21 A remedy for any breach or default of the terms of any
22 such trust agreement by the Authority may be by mandamus
23 proceedings in any court of competent jurisdiction to compel
24 performance and compliance therewith, but the trust agreement
25 may prescribe by whom or on whose behalf such action may be
26 instituted.
27 Before any such bonds (excepting refunding bonds) are
28 sold, the entire authorized issue, or any part thereof, shall
29 be offered for sale as a unit after advertising for bids at
30 least 3 times in a daily newspaper of general circulation
31 published in the metropolitan area, the last publication to
32 be at least 10 days before bids are required to be filed.
33 Copies of such advertisement may be published in any
34 newspaper or financial publication in the United States. All
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1 bids shall be sealed, filed and opened as provided by
2 ordinance and the bonds shall be awarded to the highest and
3 best bidder or bidders therefor. The Authority shall have the
4 right to reject all bids and readvertise for bids in the
5 manner provided for in the initial advertisement. However, if
6 no bids are received such bonds may be sold at not less than
7 par value, without further advertising, within 60 days after
8 the bids are required to be filed pursuant to any
9 advertisement.
10 With respect to instruments for the payment of money
11 issued under this Section either before, on, or after the
12 effective date of Public Act 86-4 this amendatory Act of
13 1989, it is and always has been the intention of the General
14 Assembly (i) that the Omnibus Bond Acts are and always have
15 been supplementary grants of power to issue instruments in
16 accordance with the Omnibus Bond Acts, regardless of any
17 provision of this Article Act that may appear to be or to
18 have been more restrictive than those Acts, (ii) that the
19 provisions of this Section are not a limitation on the
20 supplementary authority granted by the Omnibus Bond Acts, and
21 (iii) that instruments issued under this Section within the
22 supplementary authority granted by the Omnibus Bond Acts are
23 not invalid because of any provision of this Article Act that
24 may appear to be or to have been more restrictive than those
25 Acts.
26 (Source: P.A. 86-4.)
27 (70 ILCS 225/13)
28 Section 10-17. Bonds other than revenue bonds. Sec. 13.
29 No bonds, other than revenue bonds issued pursuant to Section
30 2-52 10, shall be issued by the Authority until the
31 proposition to issue the same has been submitted to and
32 approved by a majority of the voters of said metropolitan
33 area voting upon the proposition at a general election in
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1 accordance with the general election law. The Authority may
2 by resolution order such proposition submitted at a regular
3 election in accordance with the general election law,
4 whereupon the recording officer shall certify the resolution
5 and the proposition to the proper election officials for
6 submission. Any proposition to issue bonds as herein set
7 forth shall be in substantially the following form:
8 -------------------------------------------------------------
9 Shall bonds of the "Aurora YES
10 Metropolitan Exposition, Auditorium
11 and Office Building Authority" to ----------------------
12 the amount of.... Dollars ($ ) be
13 issued for the purpose of....? NO
14 -------------------------------------------------------------
15 (Source: P.A. 81-1489.)
16 (70 ILCS 225/14)
17 Section 10-18. Tax. Sec. 14. If a majority of the voters
18 of said metropolitan area approve the issuance of bonds as
19 provided in Section 10-17 13 of this Act, the Authority shall
20 have power to levy and collect annually a sum sufficient to
21 pay for the annual principal and interest charges on such
22 bonds.
23 Such taxes proposed by the Authority to be levied upon
24 the taxable property within the metropolitan area shall be
25 levied by ordinance. After the ordinance has been adopted it
26 shall, within 10 days after its passage, be published once in
27 a newspaper published and having a general circulation within
28 the metropolitan area. A certified copy of such levy
29 ordinance shall be filed with the county clerk no later than
30 the 3rd Tuesday in September in each year. Thereupon the
31 county clerk shall extend such tax; provided the aggregate
32 amount of taxes levied for any one year shall not exceed the
33 rate of .0005% of the full fair cash value, as equalized or
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1 assessed by the Department of Revenue.
2 (Source: P.A. 81-1509.)
3 (70 ILCS 225/15, in part)
4 Section 10-20. Board created. Sec. 15. The governing and
5 administrative body of the Authority shall be a board
6 consisting of 9 members and shall be known as the Aurora
7 Metropolitan Exposition Auditorium and Office Building Board.
8 The members of the board shall be individuals of generally
9 recognized ability and integrity.
10 (Source: P.A. 78-927.)
11 (70 ILCS 225/16, in part)
12 Section 10-25. Board members appointed. Sec. 16. Within
13 60 days after July 1, 1974 (the effective date of Public Act
14 78-927), this Act becomes effective the Mayor of Aurora, with
15 the advice and consent of the Aurora city council, shall
16 appoint 9 members of the board, 3 members to be appointed for
17 terms of 1 year, 3 members to be appointed for terms of 2
18 years, and 3 members to be appointed for terms of 3 years,
19 such terms commencing on the date each is appointed. At the
20 expiration of the term of any member, his successor shall be
21 appointed by the Mayor of Aurora in like manner. All
22 successors shall hold office for a term of 3 years from the
23 date of appointment, except in case of an appointment to fill
24 a vacancy.
25 (Source: P.A. 78-927.)
26 (70 ILCS 225/19, in part)
27 Section 10-30. Quorum; votes necessary for action. Sec.
28 19. Three members of the Board shall constitute a quorum for
29 the transaction of business. All action of the Board shall be
30 by ordinance or resolution and the affirmative vote of at
31 least 5 members shall be necessary for the adoption of any
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1 ordinance or resolution.
2 (Source: P.A. 78-927.)
3 (70 ILCS 225/25, in part)
4 Section 10-35. Lease of real estate; competitive bidding
5 not required. Sec. 25. Competitive bidding is not required
6 for the lease of real estate or buildings owned or controlled
7 by the Authority on July 13, 1982 (the effective date of
8 Public this Amendatory Act 82-786). The Board is empowered
9 to offer such leases upon such terms as it deems advisable.
10 Section 10-40. Standard civic center provisions
11 incorporated by reference. The following Sections of this
12 Code are incorporated by reference into this Article:
13 Section 2-5. Definitions.
14 Section 2-10. Lawsuits; common seal.
15 Section 2-16. Duties; auditorium and other buildings;
16 lease of space.
17 Section 2-25. Incurring obligations.
18 Section 2-30. Prompt payment.
19 Section 2-35. Acquisition of property from person,
20 State, or local agency.
21 Section 2-40. Federal money.
22 Section 2-45. Insurance.
23 Section 2-55. Bonds; nature of indebtedness.
24 Section 2-60. Investment in bonds.
25 Section 2-76. Board members; financial matters;
26 compensation for secretary or treasurer; conflict of
27 interest.
28 Section 2-80. Board members' oath.
29 Section 2-83. Removal of Board member from office.
30 Section 2-85. Board members; vacancy in office.
31 Section 2-90. Organization of the Board.
32 Section 2-97. Board meetings; public records.
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1 Section 2-101. Secretary; treasurer; funds deposited in
2 bank or savings and loan association.
3 Section 2-106. Funds; compliance with Public Funds
4 Investment Act.
5 Section 2-110. Signatures on checks or drafts.
6 Section 2-115. General manager; other appointments.
7 Section 2-120. Ordinances, rules, and regulations; fines
8 and penalties.
9 Section 2-127. Contracts; award to other than highest or
10 lowest bidder by four-fifths vote.
11 Section 2-130. Bids and advertisements.
12 Section 2-135. Report and financial statement.
13 Section 2-140. State financial support.
14 Section 2-145. Anti-trust laws.
15 Section 2-150. Tax exemption.
16 Section 2-155. Partial invalidity.
17 ARTICLE 15.
18 BENTON CIVIC CENTER
19 (70 ILCS 230/1-2)
20 Section 15-1. Short title. Sec. 1-2. This Article shall
21 be known and may be cited as the Benton Civic Center Law of
22 1997.
23 (Source: P.A. 85-1314.)
24 (70 ILCS 230/1-3, in part)
25 Section 15-5. Definitions. Sec. 1-3. When used in this
26 Article:
27 "Authority" means the Benton Civic Center Authority.
28 "Board" means the governing and administrative body of
29 the Benton Civic Center Authority.
30 "Metropolitan area" means all that territory in the State
31 of Illinois lying within the corporate boundaries of the City
-49- LRB9000879DJcd
1 of Benton in the County of Franklin.
2 (Source: P.A. 85-1314.)
3 (70 ILCS 230/1-4, in part)
4 Section 15-10. Authority created; principal office. Sec.
5 1-4. There is hereby created a political subdivision, body
6 politic and municipal corporation by the name and style of
7 the Benton Civic Center Authority in the metropolitan area.
8 The principal office of the Authority shall be in the
9 City of Benton.
10 (Source: P.A. 85-1314.)
11 (70 ILCS 230/1-14, in part)
12 Section 15-15. Board created. Sec. 1-14. The governing
13 and administrative body of the Authority shall be a board
14 consisting of 9 members and shall be known as the Benton
15 Civic Center Authority Board. The members of the Board shall
16 be individuals of generally recognized ability and integrity.
17 (Source: P.A. 85-1314.)
18 (70 ILCS 230/1-15, in part)
19 Section 15-20. Board members appointed. Sec. 1-15. Within
20 60 days after January 1, 1989 (the effective date of Article
21 I of Public Act 85-1314) this Article becomes effective, the
22 Mayor of the City of Benton, with the advice and consent of
23 the Benton City Council, shall appoint 3 members of the Board
24 for initial terms expiring June 1, 1990; 3 members for
25 initial terms expiring June 1, 1991; and 3 members for
26 initial terms expiring June 1, 1992. The successors of the
27 initial members shall be appointed in like manner for 3 year
28 terms from the date of appointment, except in case of an
29 appointment to fill a vacancy.
30 (Source: P.A. 85-1314.)
-50- LRB9000879DJcd
1 (70 ILCS 230/1-16, in part)
2 Section 15-25. Removal of Board members. Sec. 1-16. The
3 Mayor of the City of Benton, with the advice and consent of
4 the Benton City Council, may remove any member of the Board
5 appointed by him or her, in case of incompetency, neglect of
6 duty or malfeasance in office, after service on the member,
7 by registered United States mail, return receipt requested,
8 of a copy of the written charges against him or her and an
9 opportunity to be publicly heard in person or by counsel in
10 his or her own defense upon not less than 10 days notice.
11 (Source: P.A. 85-1314.)
12 (70 ILCS 230/1-25, in part)
13 Section 15-30. Bidders; civil action to compel
14 compliance. Sec. 1-25. Any bidder who has submitted a bid in
15 compliance with the requirements for bidding under this
16 Article may bring a civil action in the Circuit Court of
17 Franklin County in which the metropolitan area is located to
18 compel compliance with the provisions of this Article
19 relating to the awarding of contracts by the Board.
20 (Source: P.A. 89-626, eff. 8-9-96.)
21 (70 ILCS 230/1-26)
22 Section 15-35. Report and financial statement. Sec. 1-26.
23 As soon after the end of each fiscal year as may be
24 expedient, the Board shall cause to be prepared and printed a
25 complete and detailed report and financial statement of its
26 operations and of its assets and liabilities. A reasonably
27 sufficient number of copies of such report shall be printed
28 for distribution to persons interested upon request and a
29 copy thereof shall be filed with the County Clerk and the
30 Mayor of the City of Benton.
31 (Source: P.A. 85-1314.)
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1 Section 15-40. Standard civic center provisions
2 incorporated by reference. The following Sections of this
3 Code are incorporated by reference into this Article:
4 Section 2-3. Purpose.
5 Section 2-5. Definitions.
6 Section 2-10. Lawsuits; common seal.
7 Section 2-15. Duties; auditorium, recreational, and other
8 buildings; lease of space.
9 Section 2-20. Rights and powers, including eminent
10 domain.
11 Section 2-25. Incurring obligations.
12 Section 2-30. Prompt payment.
13 Section 2-35. Acquisition of property from person,
14 State, or local agency.
15 Section 2-40. Federal money.
16 Section 2-45. Insurance.
17 Section 2-50. Borrowing; revenue bonds; suits to compel
18 performance.
19 Section 2-55. Bonds; nature of indebtedness.
20 Section 2-60. Investment in bonds.
21 Section 2-75. Board members; financial matters; conflict
22 of interest.
23 Section 2-80. Board members' oath.
24 Section 2-85. Board members; vacancy in office.
25 Section 2-90. Organization of the Board.
26 Section 2-95. Meetings; action by 5 Board members.
27 Section 2-100. Secretary; treasurer.
28 Section 2-105. Funds.
29 Section 2-110. Signatures on checks or drafts.
30 Section 2-115. General manager; other appointments.
31 Section 2-122. Rules and regulations; penalties.
32 Section 2-125. Contracts; award to other than highest or
33 lowest bidder by vote of 5 Board members.
34 Section 2-130. Bids and advertisements.
-52- LRB9000879DJcd
1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 20.
5 BLOOMINGTON CIVIC CENTER
6 (70 ILCS 235/2)
7 Section 20-1. Short title. Sec. 2. This Article Act shall
8 be known and may be cited as the Bloomington Civic Center
9 Authority Law of 1997 Act.
10 (Source: P.A. 80-1440.)
11 (70 ILCS 235/3, in part)
12 Section 20-5. Definitions. Sec. 3. When used in this
13 Article Act:
14 "Authority" means the Bloomington Civic Center Authority.
15 "Board" means the governing and administrative body of
16 the Bloomington Civic Center Authority.
17 "Metropolitan area" means all that territory in the State
18 of Illinois lying within the corporate boundaries of the City
19 of Bloomington.
20 (Source: P.A. 80-1440.)
21 (70 ILCS 235/4, in part)
22 Section 20-10. Authority created; principal office. Sec.
23 4. There is hereby created a unit of local government known
24 as the Bloomington Civic Center Authority in the metropolitan
25 area.
26 The principal office of the Authority shall be in the
27 City of Bloomington.
28 (Source: P.A. 80-1440.)
29 (70 ILCS 235/5)
-53- LRB9000879DJcd
1 Section 20-14. Sec. 5. Powers and Duties. It shall be
2 the duty of the Authority to promote, operate and maintain
3 expositions, conventions, theatrical, sports and cultural
4 activities from time to time in the metropolitan area and in
5 connection therewith to arrange, finance and maintain
6 industrial, cultural, educational, theatrical, sports, trade
7 and scientific exhibits and to construct, equip and maintain
8 auditoriums and exposition and office buildings and
9 associated facilities for such purposes.
10 The provision of office, hotel and restaurant space for
11 lease and rental and the lease of air space over and
12 appurtenant to such structures shall be deemed an integral
13 function of the Authority.
14 The Authority is granted all rights and powers necessary
15 to perform such duties.
16 (Source: P.A. 89-626, eff. 8-9-96.)
17 (70 ILCS 235/6)
18 Section 20-15. Rights and powers. Sec. 6. The Authority
19 shall have the following rights and powers:
20 (a) To purchase, own, construct, lease as lessee or in
21 any other way acquire, improve, extend, repair, reconstruct,
22 regulate, operate, equip and maintain fair and expositions
23 grounds, convention or exhibition centers, civic auditoriums,
24 office and municipal buildings, and associated facilities,
25 including but not limited to hotel and restaurant facilities;
26 and sites and parking areas and facilities therefor located
27 within the metropolitan area;
28 (b) To plan for such grounds, centers and auditoriums
29 and to plan, sponsor, hold, arrange and finance fairs,
30 industrial, cultural, educational, theatrical, sports, trade
31 and scientific exhibits, shows and events and to use, lease
32 as lessor, or allow the use of such grounds, centers,
33 auditoriums and associated facilities for the holding of
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1 fairs, exhibits, shows and events whether conducted by the
2 Authority or some other person or governmental agency;
3 (c) To exercise the right of eminent domain to acquire
4 sites for such grounds, centers, auditoriums, associated
5 facilities, and parking areas and facilities in the manner
6 provided for the exercise of the right of eminent domain
7 under Article VII of the Code of Civil Procedure, as amended;
8 (d) To fix and collect just, reasonable and
9 nondiscriminatory charges for the use of such parking areas
10 and facilities, grounds, centers, auditoriums and associated
11 facilities and admission charges to fairs, shows, exhibits
12 and events sponsored or held by the Authority. The charges
13 collected may be made available to defray the reasonable
14 expenses of the Authority and to pay the principal of and the
15 interest on any bonds issued by the Authority;
16 (e) To enter into contracts treating any manner with the
17 objects and purposes of this Article Act.
18 (Source: P.A. 82-783.)
19 (70 ILCS 235/9)
20 Section 20-20. Federal money. Sec. 9. The Authority shall
21 have the power to apply for and accept grants, loans or
22 appropriations from the federal government or any agency or
23 instrumentality thereof to be used for any of the purposes of
24 the Authority and to enter into any agreement with the
25 federal government in relation to such grants, loans or
26 appropriations.
27 (Source: P.A. 80-1440.)
28 (70 ILCS 235/11)
29 Section 20-25. Borrowing; revenue bonds. Sec. 11. The
30 Authority shall have the continuing power to borrow money for
31 the purpose of carrying out and performing its duties and
32 exercising its rights and powers under this Article Act.
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1 For the purpose of evidencing the obligation of the
2 Authority to repay any money borrowed as aforesaid, the
3 Authority may, pursuant to an ordinance adopted by the Board,
4 from time to time issue and dispose of its interest bearing
5 revenue bonds, and may also from time to time issue and
6 dispose of its interest bearing revenue bonds to refund any
7 of its interest bearing revenue bonds or its general
8 obligation bonds at maturity or pursuant to redemption
9 provisions or at any time before maturity with the consent of
10 the holders thereof. All such interest bearing revenue bonds
11 of the Authority shall be payable solely from such of the
12 revenues or income to be derived from the fairs, exhibits,
13 shows and events and other authorized activities operated by
14 it, the charges made for the use of its facilities and the
15 funds, if any, received and to be received by the Authority
16 from any other source as are pledged by the ordinance
17 authorizing the bonds. Such bonds may bear such date or
18 dates, may mature at such time or times not exceeding forty
19 years from their respective dates, may bear interest at such
20 rate or rates, not exceeding the greater of (i) the maximum
21 rate authorized by the Bond Authorization Act, as amended at
22 the time of the making of the contract, or (ii) 8% per annum
23 payable semi-annually, may be in such form, may carry such
24 registration privileges, may be payable at such place or
25 places, may be made subject to redemption in such manner and
26 upon such terms, with or without premium as is stated on the
27 face thereof, may be executed in such manner and may contain
28 such terms and covenants, all as may be provided in said
29 ordinance. In case any officer whose signature appears on
30 any bond ceases (after attaching his signature) to hold
31 office, his signature shall nevertheless be valid and
32 effective for all purposes. The holder or holders of any
33 bonds, or interest coupons appertaining thereto issued by the
34 Authority may bring suits at law or proceedings in equity to
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1 compel the performance and observance by the Authority or any
2 of its officers, agents or employees of any contract or
3 covenant made by the Authority with the holders of such bonds
4 or interest coupons, and to compel the Authority and any of
5 its officers, agents or employees to perform any duties
6 required to be performed for the benefit of the holders of
7 any such bonds or interest coupons by the provisions of the
8 ordinance authorizing their issuance, and to enjoin the
9 Authority and any of its officers, agents or employees from
10 taking any action in conflict with any such contract or
11 covenant.
12 Notwithstanding the form and tenor of any such bonds and
13 in the absence of any express recital on the face thereof
14 that it is non-negotiable, all such bonds shall be negotiable
15 instruments under the law of the State of Illinois.
16 The bonds shall be sold by the corporate authorities of
17 the Authority in such manner as said corporate authorities
18 shall determine, except that if issued to bear interest at
19 the greater of (i) the maximum rate authorized by the Bond
20 Authorization Act, as amended at the time of the making of
21 the contract, or (ii) the rate of 8% per annum, the bonds
22 shall be sold for not less than par and accrued interest and
23 except that the selling price of bonds bearing interest at a
24 rate of less than the greater of (i) the maximum rate
25 authorized by the Bond Authorization Act, as amended at the
26 time of the making of the contract, or (ii) 8% per annum
27 shall be such that the interest cost to the Authority of the
28 money received from the sale of the bonds shall not exceed
29 the greater of (i) the maximum rate authorized by the Bond
30 Authorization Act, as amended at the time of the making of
31 the contract, or (ii) 8% annually computed to absolute
32 maturity of said bonds according to standard tables of bond
33 values.
34 From and after the issuance of any bonds as herein
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1 provided it shall be the duty of the corporate authorities of
2 the Authority to fix and establish rates, charges, rents and
3 fees for the use of facilities acquired, constructed,
4 reconstructed, extended or improved with the proceeds of the
5 sale of said bonds sufficient at all times, with other
6 revenues of the Authority so pledged to pay:
7 (a) the cost of maintaining, repairing, regulating and
8 operating the said facilities; and
9 (b) the bonds and interest thereon as they shall become
10 due, and all sinking fund requirements and other requirements
11 provided by the ordinance authorizing the issuance of the
12 bonds or as provided by any trust agreement executed to
13 secure payment thereof.
14 To secure the payment of any or all of such bonds and for
15 the purpose of setting forth the covenants and undertaking of
16 the Authority in connection with the issuance thereof and the
17 issuance of any additional bonds payable from such revenue
18 income to be derived from the fairs, exhibits, shows and
19 events and from charges made for the use of its facilities or
20 for admissions to its events, or from other revenue, if any,
21 the Authority may execute and deliver a trust agreement or
22 agreements; provided that no lien upon any physical property
23 of the Authority shall be created thereby.
24 A remedy for any breach or default of the terms of any
25 such trust agreement by the Authority may be had by mandamus
26 proceedings in the circuit court to compel performance and
27 compliance therewith, but the trust agreement may prescribe
28 by whom or on whose behalf such action may be instituted.
29 Before any such revenue bonds (excepting refunding bonds)
30 are sold the entire authorized issue, or any part thereof,
31 shall be offered for sale as a unit after advertising for
32 bids at least 3 times in a daily newspaper of general
33 circulation published in the metropolitan area, the last
34 publication to be at least 10 days before bids are required
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1 to be filed. Copies of such advertisement may be published
2 in any newspaper or financial publication in the United
3 States. All bids shall be sealed, filed and opened as
4 provided by ordinance and the bonds shall be awarded to the
5 highest and best bidder or bidders therefor. The Authority
6 shall have the right to reject all bids and readvertise for
7 bids in the manner provided for in the initial advertisement.
8 However, if no bids are received such bonds may be sold at
9 not less than par value, without further advertising, within
10 60 days after the bids are required to be filed pursuant to
11 any advertisement.
12 With respect to instruments for the payment of money
13 issued under this Section either before, on, or after the
14 effective date of Public Act 86-4 this amendatory Act of
15 1989, it is and always has been the intention of the General
16 Assembly (i) that the Omnibus Bond Acts are and always have
17 been supplementary grants of power to issue instruments in
18 accordance with the Omnibus Bond Acts, regardless of any
19 provision of this Article Act that may appear to be or to
20 have been more restrictive than those Acts, (ii) that the
21 provisions of this Section are not a limitation on the
22 supplementary authority granted by the Omnibus Bond Acts, and
23 (iii) that instruments issued under this Section within the
24 supplementary authority granted by the Omnibus Bond Acts are
25 not invalid because of any provision of this Article Act that
26 may appear to be or to have been more restrictive than those
27 Acts.
28 (Source: P.A. 86-4.)
29 (70 ILCS 235/12)
30 Section 20-27. Bonds; nature of indebtedness. Sec. 12.
31 Under no circumstances shall any bonds issued by the
32 Authority under Section 20-25 11 of this Act be or become an
33 indebtedness or obligation of the State of Illinois or of any
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1 other political subdivision of or municipality within the
2 State, nor shall any such bond be or become an indebtedness
3 of the Authority within the purview of any constitutional
4 limitation or provision, and it shall be plainly stated on
5 the face of each such bond that it does not constitute such
6 an indebtedness or obligation but is payable solely from the
7 revenues or income as aforesaid.
8 (Source: P.A. 80-1440.)
9 (70 ILCS 235/14)
10 Section 20-30. Sec. 14. General obligation bonds;
11 conditions. The Authority may borrow money for the purpose of
12 carrying out its duties and exercising its powers under this
13 Article Act, and issue its general obligation bonds as
14 evidence of the indebtedness incurred. In addition to other
15 purposes, such bonds may be issued for the purpose of
16 refunding outstanding general obligation or revenue bonds of
17 the Authority. Such general obligation bonds shall be in the
18 form, shall mature at the time (no later than 40 years from
19 the date of issuance), shall bear interest at the rates (not
20 to exceed the greater of (i) the maximum rate authorized by
21 the Bond Authorization Act, as amended at the time of the
22 making of the contract, or (ii) 8% per annum), shall be
23 executed by the officers, and shall be sold in the manner
24 that the Board shall determine; except that if issued to bear
25 interest at the greater of (i) the maximum rate authorized by
26 the Bond Authorization Act, as amended at the time of the
27 making of the contract, or (ii) the rate of 8% per annum, the
28 bonds shall be sold for not less than par and accrued
29 interest, and that the selling prices of bonds bearing
30 interest at a rate of less than the greater of (i) the
31 maximum rate authorized by the Bond Authorization Act, as
32 amended at the time of the making of the contract, or (ii) 8%
33 per annum shall be such that the interest cost to the
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1 Authority of the money received from the sale of the bonds
2 shall not exceed the greater of (i) the maximum rate
3 authorized by the Bond Authorization Act, as amended at the
4 time of the making of the contract, or (ii) 8% annually
5 computed to absolute maturity of the bonds in accordance with
6 standard tables of bond values. In case any officer whose
7 signature appears on any bond ceases, after affixing his
8 signature, to hold office, his signature shall nevertheless
9 be valid and effective for all purposes.
10 With respect to instruments for the payment of money
11 issued under this Section either before, on, or after the
12 effective date of this amendatory Act of 1989, it is and
13 always has been the intention of the General Assembly (i)
14 that the Omnibus Bond Acts are and always have been
15 supplementary grants of power to issue instruments in
16 accordance with the Omnibus Bond Acts, regardless of any
17 provision of this Article Act that may appear to be or to
18 have been more restrictive than those Acts, (ii) that the
19 provisions of this Section are not a limitation on the
20 supplementary authority granted by the Omnibus Bond Acts, and
21 (iii) that instruments issued under this Section within the
22 supplementary authority granted by the Omnibus Bond Acts are
23 not invalid because of any provision of this Article Act that
24 may appear to be or to have been more restrictive than those
25 Acts.
26 (Source: P.A. 89-626, eff. 8-9-96.)
27 (70 ILCS 235/15)
28 Section 20-35. G.O. bonds; election. Sec. 15. General
29 obligation bonds of the Authority, shall not be issued until
30 the proposition to issue the same has been submitted to and
31 approved by a majority of the voters of the metropolitan area
32 voting upon the proposition at an election in accordance with
33 the general election law. Any such proposition shall be in
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1 substantially the following form:
2 -------------------------------------------------------------
3 Shall bonds of the "Bloomington
4 Civic Center Authority" YES
5 in the amount of ............... ------------------------
6 Dollars ($..........) be issued NO
7 for the purpose of ...............?
8 -------------------------------------------------------------
9 (Source: P.A. 81-1489.)
10 (70 ILCS 235/16)
11 Section 20-40. G.O. bonds; canvass of election returns.
12 Sec. 16. Any referendum required under Sections 20-30 and
13 20-35 14 or 15 of this Act shall be certified by the Board to
14 the proper election officials, who shall conduct the
15 referendum in accordance with the general election law. The
16 returns shall be filed with the secretary of the Board and
17 shall be canvassed and the results ascertained by the Board
18 and entered upon the records of the Authority.
19 (Source: P.A. 81-1489.)
20 (70 ILCS 235/17)
21 Section 20-45. Tax. Sec. 17. If a majority of the voters
22 of the said metropolitan area approve the issuance of bonds
23 as provided in Sections 20-30 14 and 20-35 15 of this Act,
24 the Authority shall have power to levy and collect annually a
25 sum sufficient to pay for the annual principal and interest
26 charges on such bonds.
27 Such taxes proposed by the Authority to be levied upon
28 the taxable property within the metropolitan area shall be
29 levied by ordinance. After the ordinance has been adopted it
30 shall, within 10 days after its passage, be published once in
31 a newspaper published and having a general circulation within
32 the metropolitan area. A certified copy of such levy
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1 ordinance shall be filed with the county clerk no later than
2 the 3rd Tuesday in September in each year. Thereupon the
3 county clerk shall extend such tax.
4 (Source: P.A. 80-1440.)
5 (70 ILCS 235/18, in part)
6 Section 20-50. Board created. Sec. 18. The governing and
7 administrative body of the Authority shall be a board
8 consisting of 5 members and shall be known as the Bloomington
9 Civic Center Authority Board.
10 (Source: P.A. 80-1440.)
11 (70 ILCS 235/19, in part)
12 Section 20-55. Board members appointed. Sec. 19. Within
13 60 days after September 15, 1978 (the effective date of
14 Public Act 80-1440), this Act becomes effective the Mayor of
15 Bloomington with the advice and consent of the Bloomington
16 city council shall appoint 5 members of the Board, one member
17 to be appointed for a term of one year, 2 members to be
18 appointed for terms of 2 years, and 2 members to be appointed
19 for terms of 3 years, such terms commencing on the date each
20 is appointed. At the expiration of the term of any member,
21 his successor shall be appointed by the Mayor of Bloomington
22 in like manner. All successors shall hold office for a term
23 of 3 years from the date of appointment, except in case of an
24 appointment to fill a vacancy.
25 (Source: P.A. 80-1440.)
26 (70 ILCS 235/21)
27 Section 20-58. Organization of the Board. Sec. 21. As
28 soon as practicably possible after the appointment of the
29 initial members the Board shall organize for the transaction
30 of business, select a chairman, vice-chairman, and a
31 temporary secretary from its own number, and adopt by-laws
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1 and regulations to govern its proceedings. The initial
2 chairman and his successors shall be elected by the Board
3 from time to time for the term of his office as a member of
4 the Board.
5 (Source: P.A. 80-1440.)
6 (70 ILCS 235/22, in part)
7 Section 20-60. Quorum; action by 3 Board members. Sec.
8 22. Three members of the Board shall constitute a quorum for
9 the transaction of business. All action of the Board shall
10 be by ordinance or resolution and the affirmative vote of at
11 least 3 members shall be necessary for the adoption of any
12 ordinance or resolution.
13 (Source: P.A. 80-1440.)
14 (70 ILCS 235/24)
15 Section 20-62. Funds; compliance with Public Funds
16 Investment Act. Sec. 24. All funds deposited by the
17 treasurer in any bank or savings and loan association shall
18 be placed in the name of the Authority and shall be withdrawn
19 or paid out only by check or draft upon the bank or savings
20 and loan association, signed by the chairman, vice-chairman,
21 secretary or treasurer and countersigned by one of the same
22 officers, but no one officer shall both sign and countersign
23 a check or draft. The Board may designate any of its members
24 or any officer or employee of the Authority to affix the
25 signature of the chairman and another to affix the signature
26 of the treasurer to any check or draft for payment of
27 salaries or wages and for payment of any other obligation of
28 not more than $2,500.
29 No bank or savings and loan association shall receive
30 public funds as permitted by this Section, unless it has
31 complied with the requirements established pursuant to
32 Section 6 of the Public Funds Investment Act "An Act relating
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1 to certain investments of public funds by public agencies",
2 approved July 23, 1943, as now or hereafter amended.
3 (Source: P.A. 83-541.)
4 (70 ILCS 235/30)
5 Section 20-65. Report and financial statement. Sec. 30.
6 As soon after the end of each fiscal year as may be
7 expedient, the Board shall cause to be prepared and printed a
8 complete and detailed report and financial statement of its
9 operations and of its assets and liabilities. A reasonably
10 sufficient number of copies of such report shall be printed
11 for distribution to persons interested, upon request.
12 (Source: P.A. 80-1440.)
13 Section 20-70. Standard civic center provisions
14 incorporated by reference. The following Sections of this
15 Code are incorporated by reference into this Article:
16 Section 2-3. Purpose.
17 Section 2-5. Definitions.
18 Section 2-10. Lawsuits; common seal.
19 Section 2-25. Incurring obligations.
20 Section 2-30. Prompt payment.
21 Section 2-35. Acquisition of property from person,
22 State, or local agency.
23 Section 2-45. Insurance.
24 Section 2-60. Investment in bonds.
25 Section 2-76. Board members; financial matters;
26 compensation for secretary or treasurer; conflict of
27 interest.
28 Section 2-80. Board members' oath.
29 Section 2-83. Removal of Board member from office.
30 Section 2-85. Board members; vacancy in office.
31 Section 2-97. Board meetings; public records.
32 Section 2-101. Secretary; treasurer; funds deposited in
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1 bank or savings and loan association.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties.
6 Section 2-128. Contracts; award to other than highest or
7 lowest bidder by three-fourths vote.
8 Section 2-130. Bids and advertisements.
9 Section 2-132. Bidders; civil action to compel
10 compliance.
11 Section 2-140. State financial support.
12 Section 2-145. Anti-trust laws.
13 Section 2-150. Tax exemption.
14 ARTICLE 25.
15 BOONE COUNTY
16 COMMUNITY BUILDING COMPLEX
17 (70 ILCS 260/1-1)
18 Section 25-1. Sec. 1-1. Short title. This Article may
19 be cited as the Community Building Complex Committee of Boone
20 County Law of 1997.
21 (Source: P.A. 87-230.)
22 (70 ILCS 260/1-5)
23 Section 25-5. Sec. 1-5. Purpose. The purpose of this
24 Article is to allow the Citizens of Boone County to maintain,
25 operate and enhance the existing community building complex
26 and property geographically situated in Belvidere, Illinois.
27 (Source: P.A. 87-230.)
28 (70 ILCS 260/1-10, in part)
29 Section 25-10. Sec. 1-10. Definitions. In this Article:
30 "Committee" means the Community Building Complex
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1 Committee of Boone County.
2 "Committee" means the governing and administrative body
3 of the Community Building Complex Committee of Boone County.
4 "Metropolitan area" means all that territory in the State
5 of Illinois lying within the corporate boundaries of Boone
6 County.
7 "Community organization" means a not for profit
8 organization that has been registered with this State for at
9 least 5 years as a not for profit organization, qualifies for
10 tax exempt status under Section 501(c)(3) or 501(c)(4) of the
11 Internal Revenue Code of 1986, and has been established in
12 Boone County for at least 5 years; such as the YMCA and the
13 Boone County Arts Council.
14 (Source: P.A. 87-230.)
15 (70 ILCS 260/1-15, in part)
16 Section 25-15. Sec. 1-15. Creation of Committee.
17 (a) The Community Building Complex Committee of Boone
18 County is created as a political subdivision, body politic,
19 and municipal corporation.
20 (b) The principal office of the Committee shall be in
21 Boone County.
22 (Source: P.A. 87-230.)
23 (70 ILCS 260/1-20)
24 Section 25-20. Sec. 1-20. Duties. The Committee shall
25 promote, operate, and maintain civic meetings and theatrical,
26 sports, and cultural activities from time to time in the
27 Boone County area. In connection with its duties, the
28 Committee shall arrange, finance, and maintain industrial,
29 cultural, educational, theatrical, sports, trade, and
30 scientific exhibits and shall construct, equip, and maintain
31 auditorium, exposition, recreational, and office buildings
32 for those purposes. Providing office space for lease and
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1 rental and leasing air space over and appurtenant to those
2 structures are integral functions of the Committee. The
3 Committee is granted all rights and powers necessary to
4 perform its duties.
5 (Source: P.A. 87-230.)
6 (70 ILCS 260/1-25)
7 Section 25-25. Sec. 1-25. Powers. The Committee has the
8 following powers:
9 (a) To acquire, purchase, own, construct, lease as
10 lessee, or in any other way acquire, improve, extend, repair,
11 reconstruct, regulate, operate, equip, and maintain the
12 Community Building Complex including sites, parking areas,
13 and commercial facilities for those structures, located
14 within Boone County.
15 (b) To plan for grounds, centers, and auditoriums; to
16 plan, sponsor, hold, arrange, and finance fairs, industrial,
17 cultural, educational, trade, and scientific exhibits, shows,
18 and events; and to use or allow the use of those grounds,
19 centers, and auditoriums for the holding of fairs, exhibits,
20 shows, and events, whether conducted by the Committee or some
21 other person or governmental agency.
22 (c) To fix and collect just, reasonable, and
23 nondiscriminatory (i) charges and rents for the use of its
24 parking areas and facilities, grounds, centers, buildings,
25 and auditoriums and (ii) admission charges to fairs, shows,
26 exhibits, and events sponsored or held by the Committee. The
27 charges collected may be made available to defray the
28 reasonable expenses of the Committee and to pay the principal
29 of and interest on any bonds issued by the Committee.
30 (d) To enter into contracts treating in any manner with
31 the objects and purposes of this Article.
32 (Source: P.A. 87-230.)
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1 (70 ILCS 260/1-35)
2 Section 25-27. Sec. 1-35. Acquisition of property. The
3 Committee has the power (i) to acquire and accept by
4 purchase, lease, gift, or otherwise any property or rights
5 from any person or persons, or from any municipal
6 corporation, or body politic, (ii) to apply for and accept
7 grants, matching grants, or loans from the State of Illinois
8 or any agency or instrumentality of the State to be used for
9 any of the purposes of the Committee other than capital
10 development, and (iii) to enter into any agreement with the
11 State of Illinois in relation to those grants, matching
12 grants, or loans.
13 (Source: P.A. 87-230.)
14 (70 ILCS 260/1-65)
15 Section 25-30. Sec. 1-65. Food and beverage tax.
16 (a) For the sole purpose of obtaining funds for the
17 support, construction, maintenance, or financing of a
18 facility of the Committee, the city council of the City of
19 Belvidere, within the city, and the county board of Boone
20 County, within those areas of the county outside the City of
21 Belvidere, may jointly impose a tax on the retail sale of
22 food and beverages that have been prepared for immediate
23 consumption. The tax shall not exceed the rate of 1% of the
24 selling price of such food and beverages. A tax imposed
25 under this Section shall be in addition to any other taxes
26 imposed on food and beverages.
27 (b) The purchaser of food and beverages shall be liable
28 for the payment of a tax imposed under this Section. The
29 city council of the City of Belvidere and the county board of
30 Boone County may, however, jointly require that any person
31 engaged in the business of making retail sales that are
32 subject to the tax must collect the tax and pay over the
33 proceeds of the tax as prescribed by ordinances of the city
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1 council and county board.
2 (c) For the purposes of this Section, the support,
3 construction, maintenance, or financing of a facility of the
4 Committee may include the establishment of reserve funds and
5 the expenditure of funds under an intergovernmental agreement
6 for those purposes.
7 (d) The authority to impose a tax under this Section
8 terminates 10 years after the effective date of the ordinance
9 authorizing the tax unless (i) a continuation of the tax is
10 approved by the voters of Boone County by referendum
11 conducted in accordance with the general election law or (ii)
12 there are outstanding bonds of the Committee.
13 (Source: P.A. 87-230.)
14 (70 ILCS 260/1-70, in part)
15 Section 25-35. Sec. 1-70. Creation of the Committee. The
16 governing and administrative body of the Committee shall
17 consist of 11 members and shall be known as the Community
18 Building Complex Committee. The members of the Committee
19 shall be individuals of generally recognized ability and
20 integrity.
21 (Source: P.A. 87-230.)
22 (70 ILCS 260/1-75, in part)
23 Section 25-40. Sec. 1-75. Members of the Committee.
24 Within 60 days after September 3, 1991 (the effective date of
25 Article 1 of Public Act 87-230) this Article becomes
26 effective, the appointing authorities shall appoint the
27 initial members of the Committee as follows:
28 (1) The chairman of the county board of Boone
29 County, with the advice and consent of the county board,
30 shall appoint 2 members, one of whom shall not be a
31 member of the county board.
32 (2) The mayor of the City of Belvidere, with the
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1 advice and consent of the city council, shall appoint 2
2 members, one of whom shall not be a member of the city
3 council.
4 (3) The supervisor of Belvidere Township, with the
5 advice and consent of the township board of trustees,
6 shall appoint one member.
7 (4) The boards of trustees of all townships within
8 Boone County, except Belvidere Township, shall
9 collectively appoint one member.
10 (5) The president of the Belvidere Park Board, with
11 the advice and consent of the park board, shall appoint
12 one member.
13 (6) The chairman of the county board of Boone
14 County, with the advice and consent of the county board,
15 shall appoint 2 members from nominations submitted by
16 community organizations.
17 (7) The school board of Belvidere Community Unit
18 School District Number 100 shall appoint one member.
19 (8) The school board of North Boone Community Unit
20 School District Number 200 shall appoint one member.
21 The initial members of the Committee shall serve for
22 terms determined by lot at the first meeting of the Committee
23 as follows: 4 members for a term of one year; 4 members for
24 a term of 2 years; and 3 members for a term of 3 years. The
25 successors of the initial members shall be appointed in like
26 manner for 3 year terms from the date of appointment, except
27 in case of an appointment to fill a vacancy for an unexpired
28 term.
29 (Source: P.A. 87-230.)
30 (70 ILCS 260/1-80, in part)
31 Section 25-45. Removal of Board members. Sec. 1-80.
32 Vacancy in office. The appointing authority may remove any
33 member of the Committee in case of incompetency, neglect of
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1 duty, or malfeasance in office, after service on the member,
2 by registered United States mail, return receipt requested,
3 of a copy of the written charges against the member and after
4 an opportunity to be publicly heard in person or by counsel
5 in his or her own defense upon being notified not less than
6 10 days before the hearing.
7 (Source: P.A. 87-230.)
8 (70 ILCS 260/1-90, in part)
9 Section 25-50. Quorum; action by 6 Board members;
10 approval by chairman. Sec. 1-90. Meetings; ordinances. Six
11 members of the Committee shall constitute a quorum for the
12 transaction of business. All actions of the Committee shall
13 be by ordinance or resolution, and the affirmative vote of at
14 least 6 members shall be necessary for the adoption of any
15 ordinance or resolution. Before taking effect, all
16 ordinances and resolutions shall be approved by the chairman
17 of the Committee by signing the ordinance or resolution. If
18 the chairman does not approve of an ordinance or resolution,
19 he shall return it to the Committee with written objections
20 at the next regular meeting of the Committee after the
21 passage of the ordinance or resolution. If the chairman
22 fails to return the ordinance or resolution with written
23 objections at that meeting, the ordinance or resolution takes
24 effect as if the chairman had approved it. Upon the return of
25 a resolution or ordinance by the chairman with written
26 objections, the Committee shall reconsider its vote. If upon
27 reconsideration the resolution or ordinance passes with at
28 least 7 votes, it shall take effect notwithstanding the veto
29 of the chairman.
30 (Source: P.A. 87-230.)
31 (70 ILCS 260/1-120)
32 Section 25-55. Sec. 1-120. Contracts.
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1 (a) All contracts for the sale of property of a value of
2 more than $5,000 or for a concession in or lease of property,
3 including air rights, of the Committee for a term of more
4 than one year shall be awarded to the highest responsible
5 bidder after advertising for bids. All construction
6 contracts and contracts for supplies, materials, equipment,
7 and services, when the expense will exceed $5,000, shall be
8 let to the lowest responsible bidder after advertising for
9 bids, except (i) when repair parts, accessories, equipment,
10 or services are required for equipment or services previously
11 furnished or contracted for, (ii) when the nature of the
12 services required is such that competitive bidding is not in
13 the best interest of the public, including without limitation
14 the services of accountants, architects, attorneys,
15 engineers, physicians, superintendents of construction, and
16 others possessing a high degree of skill, and (iii) when
17 services such as water, light, heat, power, telephone, or
18 telegraph are required.
19 (b) All contracts involving less than $5,000 shall be
20 let by competitive bidding to the lowest responsible bidder
21 whenever possible and, in any event, in a manner calculated
22 to ensure insure the best interests of the public.
23 Competitive bidding is not required for the lease of real
24 estate or buildings owned or controlled by the Committee.
25 The Committee is empowered to offer those leases upon terms
26 it deems advisable.
27 (c) In determining the responsibility of any bidder, the
28 Committee may take into account the past records of dealings
29 with the bidder, the bidder's experience, adequacy of
30 equipment, and ability to complete performance within the
31 time set, and other factors besides financial responsibility,
32 but in no case shall any contracts be awarded to any other
33 than the highest bidder (in case of sale, concession, or
34 lease) or the lowest bidder (in case of purchase or
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1 expenditure) unless authorized or approved by a vote of at
2 least 7 members of the Committee and unless the action is
3 accompanied by a statement in writing setting forth the
4 reasons for not awarding the contract to the highest or
5 lowest bidder, as the case may be, which statement shall be
6 kept on file in the principal office of the Committee and
7 open to public inspection.
8 (d) Members of the Committee, officers and employees of
9 the Committee, and their relatives within the third degree of
10 consanguinity by the terms of the civil law are forbidden to
11 be interested directly or indirectly in any contract for
12 construction or maintenance work or for the delivery of
13 materials, supplies, or equipment.
14 (e) The Committee shall have the right to reject all
15 bids and to readvertise for bids. If no responsible and
16 satisfactory bid within the terms of the advertisement is
17 received, the Committee may award the contract without
18 competitive bidding if the contract is not less advantageous
19 to the Committee than any valid bid received in response to
20 advertisement.
21 (f) The Committee shall adopt rules and regulations to
22 carry into effect the provisions of this Section.
23 (Source: P.A. 87-230.)
24 (70 ILCS 260/1-150)
25 Section 25-60. State appropriations for capital
26 development prohibited. Sec. 1-150. Prohibition. The
27 Committee is prohibited from receiving or accepting any funds
28 appropriated by the General Assembly to the Committee for the
29 purpose of capital development.
30 (Source: P.A. 87-230.)
31 Section 25-65. Standard civic center provisions
32 incorporated by reference. The following Sections of this
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1 Code are incorporated by reference into this Article:
2 Section 2-5. Definitions.
3 Section 2-10. Lawsuits; common seal.
4 Section 2-25. Incurring obligations.
5 Section 2-30. Prompt payment.
6 Section 2-40. Federal money.
7 Section 2-45. Insurance.
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance.
10 Section 2-55. Bonds; nature of indebtedness.
11 Section 2-60. Investment in bonds.
12 Section 2-75. Board members; financial matters; conflict
13 of interest.
14 Section 2-80. Board members' oath.
15 Section 2-85. Board members; vacancy in office.
16 Section 2-90. Organization of the Board.
17 Section 2-97. Board meetings; public records.
18 Section 2-100. Secretary; treasurer.
19 Section 2-105. Funds.
20 Section 2-110. Signatures on checks or drafts.
21 Section 2-115. General manager; other appointments.
22 Section 2-122. Rules and regulations; penalties.
23 Section 2-130. Bids and advertisements.
24 Section 2-132. Bidders; civil action to compel
25 compliance.
26 Section 2-135. Report and financial statement.
27 Section 2-145. Anti-trust laws.
28 Section 2-150. Tax exemption.
29 ARTICLE 30.
30 BOWDRE TOWNSHIP CIVIC CENTER
31 (70 ILCS 305/3-1)
32 Section 30-1. Short title. Sec. 3-1. This Article shall
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1 be known and may be cited as the Bowdre "Bowdre Township
2 Civic Center Law of 1997".
3 (Source: P.A. 85-793.)
4 (70 ILCS 305/3-2, in part)
5 Section 30-5. Definitions. Sec. 3-2. As used in this
6 Article, unless the context otherwise requires:
7 "Authority" means the Bowdre Township Metropolitan
8 Exposition, Auditorium and Office Building Authority.
9 "Board" means the governing and administrative body of
10 the Bowdre Township Metropolitan Exposition, Auditorium and
11 Office Building Authority.
12 "Metropolitan area" means all that territory which lies
13 within the corporate boundaries of the Township of Bowdre, in
14 the County of Douglas.
15 (Source: P.A. 85-793.)
16 (70 ILCS 305/3-3, in part)
17 Section 30-10. Authority created; principal office. Sec.
18 3-3. There is hereby created a unit of local government
19 known as the Bowdre Township Metropolitan Exposition,
20 Auditorium and Office Building Authority in the metropolitan
21 area.
22 The principal office of the Authority shall be in the
23 Village of Hindsboro.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/3-11)
26 Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
27 Under no circumstances shall any bonds issued by the
28 Authority be or become an indebtedness or obligation of the
29 State of Illinois or any unit of local government or school
30 district within the State, nor shall any such bond or
31 obligation be or become an indebtedness of the Authority
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1 within the purview of any constitutional limitation or
2 provision, and it shall be plainly stated on the face of each
3 bond that it does not constitute such an indebtedness or
4 obligation but is payable solely from revenues or income.
5 (Source: P.A. 85-793.)
6 (70 ILCS 305/3-12)
7 Section 30-13. Investment in bonds. Sec. 3-12. The
8 State and all counties, cities, villages, incorporated towns
9 and other units of local government and public bodies, and
10 public officers of any thereof, all banks, bankers, trust
11 companies, savings banks and institutions, building and loan
12 associations, savings and loan associations, investment
13 companies and other persons carrying on an insurance business
14 and all executors, administrators, guardians, trustees and
15 other fiduciaries may legally invest any sinking funds,
16 moneys or other funds belonging to them or within their
17 control in any bonds issued pursuant to this Article, it
18 being the purpose of this Section to authorize the investment
19 in such bonds of all sinking, insurance, retirement,
20 compensation, pension and trust funds, whether owned or
21 controlled by private or public persons or officers;
22 provided, however, that nothing contained in this Section may
23 be construed as relieving any person from any duty of
24 exercising reasonable care in selecting securities for
25 investment.
26 (Source: P.A. 85-793.)
27 (70 ILCS 305/3-13, in part)
28 Section 30-15. Board created. Sec. 3-13. The governing
29 and administrative body of the Authority shall be known as
30 the Bowdre Township Metropolitan Exposition, Auditorium and
31 Office Building Board.
32 (Source: P.A. 85-793.)
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1 (70 ILCS 305/3-14)
2 Section 30-20. Board members appointed. Sec. 3-14. The
3 Village President of Hindsboro and the Hindsboro Village
4 Board of Trustees shall constitute the Bowdre Township
5 Metropolitan Exposition, Auditorium and Office Building
6 Board. However, within 30 days after the effective date of
7 this amendatory Act of 1988, the Village President of
8 Hindsboro, with the advice and consent of the Hindsboro
9 Village Board of Trustees, shall appoint 2 members of the
10 Bowdre Township Board of Trustees to serve as additional
11 members of the Board. Before entering upon the duties of his
12 office, each member of the Board shall take and subscribe the
13 constitutional oath of office and file it in the office of
14 the Secretary of State.
15 (Source: P.A. 85-1371.)
16 (70 ILCS 305/3-15)
17 Section 30-25. Board members; concurrent offices. Sec.
18 3-15. Members of the Board shall hold office during their
19 term of office as the Village President of Hindsboro, on the
20 Hindsboro Village Board of Trustees or on the Bowdre Township
21 Board of Trustees. If any member appointed to the Board
22 pursuant to this amendatory Act of 1988 ceases to be a member
23 of the Bowdre Township Board of Trustees, a vacancy in his
24 office on the Board shall be deemed to have occurred, and
25 such vacancy shall be filled in the same manner as the
26 original appointment.
27 (Source: P.A. 85-1371.)
28 (70 ILCS 305/3-25)
29 Section 30-30. Report and financial statement. Sec. 3-25.
30 As soon after the end of each fiscal year as may be
31 expedient, the Board shall cause to be prepared and printed a
32 complete and detailed report and financial statement of its
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1 operations and of its assets and liabilities. A reasonably
2 sufficient number of copies of such report shall be printed
3 for distribution to persons interested upon request, and a
4 copy thereof shall be filed with the county clerk and the
5 Village President of Hindsboro.
6 (Source: P.A. 85-793.)
7 Section 30-35. Standard civic center provisions
8 incorporated by reference. The following Sections of this
9 Code are incorporated by reference into this Article:
10 Section 2-5. Definitions.
11 Section 2-10. Lawsuits; common seal.
12 Section 2-17. Duties; auditorium and other buildings.
13 Section 2-21. Rights and powers.
14 Section 2-25. Incurring obligations.
15 Section 2-30. Prompt payment.
16 Section 2-36. Acquisition of property from person or
17 governmental agency.
18 Section 2-40. Federal money.
19 Section 2-45. Insurance.
20 Section 2-51. Borrowing; revenue bonds; mandamus or other
21 actions to compel performance.
22 Section 2-75. Board members; financial matters; conflict
23 of interest.
24 Section 2-90. Organization of the Board.
25 Section 2-95. Meetings; action by 5 Board members.
26 Section 2-101. Secretary; treasurer; funds deposited in
27 bank or savings and loan association.
28 Section 2-106. Funds; compliance with Public Funds
29 Investment Act.
30 Section 2-110. Signatures on checks or drafts.
31 Section 2-115. General manager; other appointments.
32 Section 2-120. Ordinances, rules, and regulations; fines
33 and penalties.
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1 Section 2-127. Contracts; award to other than highest or
2 lowest bidder by four-fifths vote.
3 Section 2-130. Bids and advertisements.
4 Section 2-140. State financial support.
5 Section 2-145. Anti-trust laws.
6 Section 2-150. Tax exemption.
7 ARTICLE 35.
8 BROWNSTOWN PARK
9 DISTRICT CIVIC CENTER
10 (70 ILCS 220/5-2)
11 Section 35-1. Short title. Sec. 5-2. This Article shall
12 be known and may be cited as the Brownstown Park District
13 Civic Center Law of 1997 Act.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/5-3, in part)
16 Section 35-5. Definitions. Sec. 5-3. When used in this
17 Article Act:
18 "Authority" means the Brownstown Park District Civic
19 Center Authority.
20 "Board" means the governing and administrative body of
21 the Brownstown Park District Civic Center Authority.
22 "Metropolitan area" means all that territory in the State
23 of Illinois lying within the corporate boundaries of the
24 Brownstown Park District in the County of Fayette.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/5-4, in part)
27 Section 35-10. Authority created; principal office. Sec.
28 5-4. There is hereby created a political subdivision, body
29 politic and municipal corporation by the name and style of
30 the Brownstown Park District Civic Center Authority in the
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1 metropolitan area.
2 The principal office of the Authority shall be in the
3 Village of Brownstown.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/5-14, in part)
6 Section 35-15. Board created. Sec. 5-14. The governing
7 and administrative body of the Authority shall be a board
8 consisting of 9 members and shall be known as the Brownstown
9 Park District Civic Center Authority Board. The members of
10 the board shall be individuals of generally recognized
11 ability and integrity.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/5-15, in part)
14 Section 35-20. Board members appointed. Sec. 5-15. Within
15 60 days after September 3, 1985 (the effective date of
16 Article 5 of Public Act 84-245), this Article becomes
17 effective: the President of the Village of Brownstown with
18 the advice and consent of the Village board of trustees shall
19 appoint 3 members of the Board for initial terms expiring
20 June 1, 1986; 3 members for initial terms expiring June 1,
21 1987; and 3 members for initial terms expiring June 1, 1988.
22 The successors of the initial members shall be appointed in
23 like manner for 3 year terms from the date of appointment,
24 except in case of an appointment to fill a vacancy.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/5-16, in part)
27 Section 35-25. Removal of Board members. Sec. 5-16. The
28 appointing officer, with the advice and consent of the
29 village board of trustees, may remove any member of the Board
30 appointed by him, in case of incompetency, neglect of duty,
31 or malfeasance in office, after service on him, by registered
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1 United States mail, return requested, of a copy of the
2 written charges against him and an opportunity to be publicly
3 heard in person or by counsel in his own defense upon not
4 less than 10 days' notice.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/5-25, in part)
7 Section 35-30. Bidders; civil action to compel
8 compliance. Sec. 5-25. Any bidder who has submitted a bid in
9 compliance with the requirements for bidding under this
10 Article may bring a civil action in the circuit court of
11 Fayette county in which the metropolitan area is located to
12 compel compliance with the provisions of this Article
13 relating to the awarding of contracts by the Board.
14 (Source: P.A. 84-245.)
15 Section 35-35. Standard civic center provisions
16 incorporated by reference. The following Sections of this
17 Code are incorporated by reference into this Article:
18 Section 2-3. Purpose.
19 Section 2-5. Definitions.
20 Section 2-10. Lawsuits; common seal.
21 Section 2-15. Duties; auditorium, recreational, and other
22 buildings; lease of space.
23 Section 2-20. Rights and powers, including eminent
24 domain.
25 Section 2-25. Incurring obligations.
26 Section 2-35. Acquisition of property from person,
27 State, or local agency.
28 Section 2-40. Federal money.
29 Section 2-45. Insurance.
30 Section 2-50. Borrowing; revenue bonds; suits to compel
31 performance.
32 Section 2-55. Bonds; nature of indebtedness.
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1 Section 2-60. Investment in bonds.
2 Section 2-75. Board members; financial matters; conflict
3 of interest.
4 Section 2-80. Board members' oath.
5 Section 2-85. Board members; vacancy in office.
6 Section 2-90. Organization of the Board.
7 Section 2-95. Meetings; action by 5 Board members.
8 Section 2-100. Secretary; treasurer.
9 Section 2-105. Funds.
10 Section 2-110. Signatures on checks or drafts.
11 Section 2-115. General manager; other appointments.
12 Section 2-122. Rules and regulations; penalties.
13 Section 2-125. Contracts; award to other than highest or
14 lowest bidder by vote of 5 Board members.
15 Section 2-130. Bids and advertisements.
16 Section 2-135. Report and financial statement.
17 Section 2-140. State financial support.
18 Section 2-145. Anti-trust laws.
19 Section 2-150. Tax exemption.
20 ARTICLE 40.
21 CARBONDALE CIVIC CENTER
22 (70 ILCS 325/2-2)
23 Section 40-1. Short title. Sec. 2-2. This Article may be
24 cited as the Carbondale Civic Center Law of 1997.
25 (Source: P.A. 86-907; 86-1028.)
26 (70 ILCS 325/2-3, in part)
27 Section 40-5. Definitions. Sec. 2-3. When used in this
28 Article:
29 "Authority" means the Carbondale Civic Center Authority.
30 "Board" means the governing and administrative body of
31 the Carbondale Civic Center Authority.
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1 "Metropolitan area" means all that territory in the State
2 of Illinois lying within the corporate boundaries of the City
3 of Carbondale.
4 (Source: P.A. 86-907; 86-1028.)
5 (70 ILCS 325/2-4, in part)
6 Section 40-10. Authority created; principal office. Sec.
7 2-4. There is hereby created a political subdivision, body
8 politic and municipal corporation by the name and style of
9 the Carbondale Civic Center Authority in the metropolitan
10 area.
11 The principal office of the Authority shall be in the
12 City of Carbondale.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/2-14, in part)
15 Section 40-15. Board created. Sec. 2-14. The governing
16 and administrative body of the Authority shall be a board
17 consisting of 9 members and shall be known as the Carbondale
18 Civic Center Authority Board. The members of the Board shall
19 be individuals of generally recognized ability and integrity.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/2-15, in part)
22 Section 40-20. Board members appointed. Sec. 2-15. Within
23 60 days after September 11, 1989 (the effective date of
24 Article 2 of Public Act 86-907) this Act becomes effective,
25 the mayor of Carbondale, with the advice and consent of the
26 city council, shall appoint 3 members of the Board for
27 initial terms expiring June 1, 1990; 3 members for initial
28 terms expiring June 1, 1991; and 3 members for initial terms
29 expiring June 1, 1992. The successors of the initial members
30 shall be appointed in like manner for 3 year terms from the
31 date of appointment, except in case of an appointment to fill
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1 a vacancy.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/2-16, in part)
4 Section 40-25. Removal of Board members. Sec. 2-16. The
5 mayor of Carbondale, with the advice and consent of the city
6 council, may remove any member of the Board appointed by him,
7 in case of incompetency, neglect of duty or malfeasance in
8 office, after service on him, by registered United States
9 mail, return receipt requested, of a copy of the written
10 charges against him and an opportunity to be publicly heard
11 in person or by counsel in his own defense upon not less than
12 10 days notice.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/2-25, in part)
15 Section 40-30. Bidders; civil action to compel
16 compliance. Sec. 2-25. Any bidder who has submitted a bid in
17 compliance with the requirements for bidding under this
18 Article may bring a civil action in the Circuit Court of
19 Jackson County in which the metropolitan area is located to
20 compel compliance with the provisions of this Article Act
21 relating to the awarding of contracts by the Board.
22 (Source: P.A. 86-907.)
23 Section 40-35. Standard civic center provisions
24 incorporated by reference. The following Sections of this
25 Code are incorporated by reference into this Article:
26 Section 2-3. Purpose.
27 Section 2-5. Definitions.
28 Section 2-10. Lawsuits; common seal.
29 Section 2-15. Duties; auditorium, recreational, and other
30 buildings; lease of space.
31 Section 2-20. Rights and powers, including eminent
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1 domain.
2 Section 2-25. Incurring obligations.
3 Section 2-30. Prompt payment.
4 Section 2-35. Acquisition of property from person,
5 State, or local agency.
6 Section 2-40. Federal money.
7 Section 2-45. Insurance.
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance.
10 Section 2-55. Bonds; nature of indebtedness.
11 Section 2-60. Investment in bonds.
12 Section 2-75. Board members; financial matters; conflict
13 of interest.
14 Section 2-80. Board members' oath.
15 Section 2-85. Board members; vacancy in office.
16 Section 2-90. Organization of the Board.
17 Section 2-95. Meetings; action by 5 Board members.
18 Section 2-100. Secretary; treasurer.
19 Section 2-105. Funds.
20 Section 2-110. Signatures on checks or drafts.
21 Section 2-115. General manager; other appointments.
22 Section 2-122. Rules and regulations; penalties.
23 Section 2-125. Contracts; award to other than highest or
24 lowest bidder by vote of 5 Board members.
25 Section 2-130. Bids and advertisements.
26 Section 2-135. Report and financial statement.
27 Section 2-140. State financial support.
28 Section 2-145. Anti-trust laws.
29 Section 2-150. Tax exemption.
30 ARTICLE 45.
31 CAVE IN ROCK TOWNSHIP CIVIC CENTER
32 (70 ILCS 240/1001)
-86- LRB9000879DJcd
1 Section 45-1. Sec. 1001. Short title. This Article may
2 be cited as the Cave in Rock Township Civic Center Law of
3 1997.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 240/1003, in part)
6 Section 45-5. Sec. 1003. Definitions. In this Article:
7 "Authority" means the Cave in Rock Township Civic Center
8 Authority.
9 "Board" means the governing and administrative body of
10 the Cave in Rock Township Civic Center Authority.
11 "Metropolitan area" means all that territory in the State
12 of Illinois lying within the corporate boundaries of Cave in
13 Rock Township in Hardin County.
14 (Source: P.A. 86-1414.)
15 (70 ILCS 240/1004, in part)
16 Section 45-10. Sec. 1004. Creation of Authority.
17 (a) The Cave in Rock Township Civic Center Authority is
18 created as a political subdivision, body politic, and
19 municipal corporation in the metropolitan area.
20 (b) The principal office of the Authority shall be in
21 Cave in Rock Township.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 240/1006)
24 Section 45-12. Sec. 1006. Powers. The Authority has
25 the following powers:
26 (a) To acquire, purchase, own, construct, lease as
27 lessee, or in any other way acquire, improve, extend, repair,
28 reconstruct, regulate, operate, equip, and maintain
29 exhibition centers, civic auditoriums, cultural facilities,
30 and office buildings, including sites, parking areas, and
31 commercial facilities for those structures, located within
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1 the metropolitan area.
2 (b) To plan for grounds, centers, and auditoriums; to
3 plan, sponsor, hold, arrange, and finance fairs, industrial,
4 cultural, educational, trade, and scientific exhibits, shows,
5 and events; and to use or allow the use of those grounds,
6 centers, and auditoriums for the holding of fairs, exhibits,
7 shows, and events, whether conducted by the Authority or some
8 other person or governmental agency.
9 (c) To fix and collect just, reasonable, and
10 nondiscriminatory (i) charges and rents for the use of its
11 parking areas and facilities, grounds, centers, buildings,
12 and auditoriums and (ii) admission charges to fairs, shows,
13 exhibits, and events sponsored or held by the Authority. The
14 charges collected may be made available to defray the
15 reasonable expenses of the Authority and to pay the principal
16 of and interest on any bonds issued by the Authority.
17 (d) To enter into contracts treating in any manner with
18 the objects and purposes of this Article.
19 (Source: P.A. 86-1414.)
20 (70 ILCS 240/1014, in part)
21 Section 45-15. Sec. 1014. Creation of the Board. The
22 governing and administrative body of the Authority shall be a
23 board consisting of 7 members and shall be known as the Cave
24 in Rock Township Civic Center Authority Board. The members
25 of the Board shall be individuals of generally recognized
26 ability and integrity.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 240/1015, in part)
29 Section 45-20. Sec. 1015. Members of the Board appointed.
30 Within 60 days after September 11, 1990 (the effective date
31 of Article 1 of Public Act 86-1414) this Article becomes
32 effective, the village president of the village of Cave in
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1 Rock, with the advice and consent of the corporate
2 authorities of the village of Cave in Rock, shall appoint 3
3 members of the Board for initial terms expiring June 1, 1991;
4 2 members for initial terms expiring June 1, 1992; and 2
5 members for initial terms expiring June 1, 1993. The
6 successors of the initial members shall be appointed in like
7 manner for 3 year terms from the date of appointment, except
8 in case of an appointment to fill a vacancy for an unexpired
9 term. At least 3 members of the Board shall be residents of
10 that part of the township of Cave in Rock outside the
11 corporate limits of the village of Cave in Rock. The
12 remaining members shall be residents of the village of Cave
13 in Rock.
14 (Source: P.A. 86-1414.)
15 (70 ILCS 240/1016, in part)
16 Section 45-25. Removal of Board members. Sec. 1016.
17 Vacancy in office. The village president of the village of
18 Cave in Rock, with the advice and consent of the corporate
19 authorities of the village of Cave in Rock, may remove any
20 member of the Board in case of incompetency, neglect of duty,
21 or malfeasance in office, after service on the member, by
22 registered United States mail, return receipt requested, of a
23 copy of the written charges against the member and after an
24 opportunity to be publicly heard in person or by counsel in
25 his or her own defense upon being notified not less than 10
26 days before the hearing.
27 (Source: P.A. 86-1414.)
28 Section 45-30. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
32 Section 2-5. Definitions.
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1 Section 2-10. Lawsuits; common seal.
2 Section 2-15. Duties; auditorium, recreational, and other
3 buildings; lease of space.
4 Section 2-25. Incurring obligations.
5 Section 2-30. Prompt payment.
6 Section 2-35. Acquisition of property from person,
7 State, or local agency.
8 Section 2-40. Federal money.
9 Section 2-45. Insurance.
10 Section 2-50. Borrowing; revenue bonds; suits to compel
11 performance.
12 Section 2-55. Bonds; nature of indebtedness.
13 Section 2-60. Investment in bonds.
14 Section 2-75. Board members; financial matters; conflict
15 of interest.
16 Section 2-80. Board members' oath.
17 Section 2-85. Board members; vacancy in office.
18 Section 2-90. Organization of the Board.
19 Section 2-96. Meetings; action by 4 Board members.
20 Section 2-100. Secretary; treasurer.
21 Section 2-105. Funds.
22 Section 2-110. Signatures on checks or drafts.
23 Section 2-115. General manager; other appointments.
24 Section 2-122. Rules and regulations; penalties.
25 Section 2-126. Contracts; award to other than highest or
26 lowest bidder by vote of 4 Board members.
27 Section 2-130. Bids and advertisements.
28 Section 2-132. Bidders; civil action to compel
29 compliance.
30 Section 2-135. Report and financial statement.
31 Section 2-140. State financial support.
32 Section 2-145. Anti-trust laws.
33 Section 2-150. Tax exemption.
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1 ARTICLE 50.
2 CENTRE EAST CIVIC CENTER
3 (70 ILCS 270/5-1)
4 Section 50-1. Short title. Sec. 5-1. This Article 5 shall
5 be known and may be cited as the Centre "Centre East Civic
6 Center Law of 1997 Act".
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/5-2, in part)
9 Section 50-5. Definitions. Sec. 5-2. As used in this
10 Article, unless the context otherwise requires:
11 "Authority" means the Centre East Metropolitan
12 Exposition, Auditorium and Office Building Authority.
13 "Board" means the governing and administrative body of
14 the Centre East Metropolitan Exposition, Auditorium and
15 Office Building Authority.
16 "Metropolitan area" means all that territory in the State
17 of Illinois lying within the corporate boundaries of Niles
18 Township or any municipality a part of which lies within
19 Niles Township.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/5-3, in part)
22 Section 50-10. Authority created; principal office. Sec.
23 5-3. There is hereby created a unit of local government known
24 as the Centre East Metropolitan Exposition, Auditorium and
25 Office Building Authority in the metropolitan area.
26 The principal office of the Authority shall be in the
27 Village of Skokie.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/5-10)
30 Section 50-15. Borrowing; revenue bonds. Sec. 5-10. The
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1 Authority shall have continuing power to borrow money for the
2 purpose of carrying out and performing its duties and
3 exercising its powers under this Article Act.
4 For the purpose of evidencing the obligation of the
5 Authority to repay any money borrowed as aforesaid, the
6 Authority may, pursuant to an ordinance adopted by the Board,
7 from time to time issue and dispose of its interest bearing
8 revenue bonds, and may also from time to time issue and
9 dispose of its interest bearing revenue bonds to refund any
10 bonds at maturity or pursuant to redemption provisions or at
11 any time before maturity with the consent of the holders
12 thereof. All such bonds shall be payable solely from the
13 revenues or income to be derived from the fairs, expositions,
14 exhibitions, rentals and leases and other authorized
15 activities operated by the Authority, and from funds, if any,
16 received and to be received by the Authority from any other
17 source. Such bonds may bear such date or dates, may mature
18 at such time or times not exceeding 40 years from their
19 respective dates, may bear interest at such rate or rates,
20 may be in such form, may carry such registration privileges,
21 may be executed in such manner, may be payable at such place
22 or places, may be made subject to redemption in such manner
23 and upon such terms, with or without premium as is stated on
24 the face thereof, may be executed in such manner and may
25 contain such terms and covenants, all as may be provided in
26 the ordinance. In case any officer whose signature appears
27 on any bond ceases (after attaching his signature) to hold
28 office,; his signature shall nevertheless be valid and
29 effective for all purposes. The holder or holders of any
30 bonds, or interest coupons appertaining thereto, issued by
31 the Authority may bring mandamus, injunction, or other civil
32 actions or and proceedings to compel the performance and
33 observance by the Authority or any of its officers, agents or
34 employees of or any contract or covenant made by the
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1 Authority with the holders of such bonds or interest coupons,
2 and to compel the Authority and any of its officers, agents
3 or employees to perform any duties required to be performed
4 for the benefit of the holders of any such bonds or interest
5 coupons by the provisions of the ordinance authorizing their
6 issuance, and to enjoin the Authority and any of its
7 officers, agents or employees from taking any action in
8 conflict with any such contract or covenant.
9 Notwithstanding the form and tenor of any such bonds and
10 in the absence of any express recital on the face thereof
11 that it is non-negotiable, all such bonds shall be negotiable
12 instruments under the Uniform Commercial Code of the State of
13 Illinois.
14 From and after the issuance of any bonds as herein
15 provided it shall be the duty of the corporate authorities of
16 the Authority to fix and establish rates, charges, rents, and
17 fees for the use of facilities acquired, constructed,
18 reconstructed, extended or improved with the proceeds of the
19 sale of said bonds sufficient at all times, with other
20 revenues of the Authority, to pay:
21 (a) the cost of leasing, maintaining, repairing,
22 regulating and operating the facilities; and
23 (b) the bonds and interest thereon as they shall become
24 due, and all sinking fund requirements and other requirements
25 provided by the ordinance authorizing the issuance of the
26 bonds or as provided by any trust agreement executed to
27 secure payment thereof.
28 To secure the payment of any or all of such bonds and for
29 the purpose of setting forth the covenants and undertakings
30 of the Authority in connection with the issuance thereof and
31 the issuance of any additional bonds payable from such
32 revenue income to be derived from the fairs, recreational,
33 theatrical or cultural expositions, sport activities,
34 exhibitions, office rentals, and air space leases and
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1 rentals, and other revenue, if any, the Authority may execute
2 and deliver a trust agreement or agreements; provided that no
3 lien upon any physical property of the Authority shall be
4 created thereby.
5 A remedy for any breach or default of the terms of any
6 such trust agreement by the Authority may be by mandamus,
7 injunction, or other civil actions or and proceedings in any
8 court of competent jurisdiction to compel performance and
9 compliance therewith, but the trust agreement may prescribe
10 by whom or on whose behalf such action may be instituted.
11 Before any such bonds (excepting refunding bonds) are
12 sold, the entire authorized issue, or any part thereof, shall
13 be offered for sale as a unit after advertising for bids at
14 least 3 times in a daily newspaper of general circulation
15 published in the metropolitan area, the last publication to
16 be at least 10 days before bids are required to be filed.
17 Copies of such advertisement may be published in any
18 newspaper or financial publication in the United States. All
19 bids shall be sealed, filed and opened as provided by
20 ordinance and the bonds shall be awarded to the highest and
21 best bidder or bidders therefor. The Authority shall have
22 the right to reject all bids and readvertise for bids in the
23 manner provided for in the initial advertisement. However,
24 if no bids are received such bonds may be sold at not less
25 than par value, without further advertising, within 60 days
26 after the bids are required to be filed pursuant to any
27 advertisement.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/5-11)
30 Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
31 Under no circumstances shall any bonds issued by the
32 Authority be or become an indebtedness or obligation of the
33 State of Illinois or any unit of local government or school
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1 district within the State, nor shall any such bond or
2 obligation be or become an indebtedness of the Authority
3 within the purview of any constitutional limitation or
4 provision, and it shall be plainly stated on the face of each
5 bond that it does not constitute such an indebtedness or
6 obligation but is payable solely from revenues or income.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/5-12)
9 Section 50-17. Investment in bonds. Sec. 5-12. The
10 State and all counties, cities, villages, incorporated towns
11 and other units of local government and public bodies, and
12 public officers of any thereof, all banks, bankers, trust
13 companies, savings banks and institutions, building and loan
14 associations, savings and loan associations, investment
15 companies and other persons carrying on an insurance business
16 and all executors, administrators, guardians, trustees and
17 other fiduciaries may legally invest any sinking funds,
18 moneys or other funds belonging to them or within their
19 control in any bonds issued pursuant to this Article Act.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/5-13, in part)
22 Section 50-20. Board created. Sec. 5-13. The governing
23 and administrative body of the Authority shall be a board
24 consisting of 9 members and shall be known as the Centre East
25 Metropolitan Exposition, Auditorium and Office Building
26 Board. The members of the board shall be individuals of
27 generally recognized ability and integrity.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/5-14, in part)
30 Section 50-25. Board members appointed. Sec. 5-14. Within
31 60 days after September 17, 1984 (the effective date of
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1 Article 5 of Public Act 83-1456) this Act becomes effective,
2 the Mayor of Skokie shall appoint 3 members of the Board, one
3 member to be appointed for a term of one year, one member to
4 be appointed for a term of 2 years, and one member to be
5 appointed for a term of 3 years; and the Township Supervisor
6 of Niles Township shall appoint 3 members of the Board, one
7 member to be appointed for a term of one year, one member to
8 be appointed for a term of 2 years, and one member to be
9 appointed for a term of 3 years; such terms commencing on the
10 date each is appointed. Within 90 days after September 17,
11 1984 this Act becomes effective, the 6 members of the Board
12 so appointed shall appoint the remaining 3 members of the
13 Board, one member to be appointed for a term of one year, one
14 member to be appointed for a term of 2 years, and one member
15 to be appointed for a term of 3 years; such terms commencing
16 on the date each is appointed. After September 1, 1990, upon
17 the expiration of the terms of the remaining 3 members of the
18 Board (formerly appointed by the other 6 members), their
19 successors shall thereafter be appointed by the Mayor of
20 Skokie. After September 1, 1990, all appointments made by
21 the Mayor of Skokie shall be made with the advice and consent
22 of the corporate authorities of Skokie, and all appointments
23 made by the Township Supervisor of Niles Township shall be
24 made with the advice and consent of the corporate authorities
25 of Niles Township. At the expiration of the term of any
26 member, his successor shall be appointed in like manner. All
27 successors shall hold office for a term of 3 years from the
28 date of appointment, except in case of an appointment to fill
29 a vacancy.
30 (Source: P.A. 86-1414.)
31 (70 ILCS 270/5-25)
32 Section 50-30. Report and financial statement. Sec.
33 5-25. As soon after the end of each fiscal year as may be
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1 expedient, the Board shall cause to be prepared and printed a
2 complete and detailed report and financial statement of its
3 operations and of its assets and liabilities. A reasonably
4 sufficient number of copies of such report shall be printed
5 for distribution to persons interested upon request, and a
6 copy thereof shall be filed with the county clerk, the
7 Village of Skokie and the Township of Niles, and with the
8 clerk of any other municipality to whose mayor or village
9 president the power to appoint a member of the Board has been
10 delegated.
11 (Source: P.A. 83-1456.)
12 Section 50-35. Standard civic center provisions
13 incorporated by reference. The following Sections of this
14 Code are incorporated by reference into this Article:
15 Section 2-5. Definitions.
16 Section 2-10. Lawsuits; common seal.
17 Section 2-17. Duties; auditorium and other buildings.
18 Section 2-21. Rights and powers.
19 Section 2-25. Incurring obligations.
20 Section 2-30. Prompt payment.
21 Section 2-36. Acquisition of property from person or
22 governmental agency.
23 Section 2-40. Federal money.
24 Section 2-45. Insurance.
25 Section 2-76. Board members; financial matters;
26 compensation for secretary or treasurer; conflict of
27 interest.
28 Section 2-80. Board members' oath.
29 Section 2-83. Removal of Board member from office.
30 Section 2-85. Board members; vacancy in office.
31 Section 2-90. Organization of the Board.
32 Section 2-95. Meetings; action by 5 Board members.
33 Section 2-101. Secretary; treasurer; funds deposited in
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1 bank or savings and loan association.
2 Section 2-106. Funds; compliance with Public Funds
3 Investment Act.
4 Section 2-110. Signatures on checks or drafts.
5 Section 2-115. General manager; other appointments.
6 Section 2-120. Ordinances, rules, and regulations; fines
7 and penalties.
8 Section 2-127. Contracts; award to other than highest or
9 lowest bidder by four-fifths vote.
10 Section 2-130. Bids and advertisements.
11 Section 2-140. State financial support.
12 Section 2-145. Anti-trust laws.
13 Section 2-150. Tax exemption.
14 ARTICLE 55.
15 CHICAGO SOUTH CIVIC CENTER
16 (70 ILCS 245/1-2)
17 Section 55-1. Short title. Sec. 1-2. This Article may be
18 cited as the Chicago South Civic Center Law of 1997.
19 (Source: P.A. 86-8; 87-738.)
20 (70 ILCS 245/1-3, in part)
21 Section 55-5. Definitions. Sec. 1-3. When used in this
22 Article:
23 "Authority" means the Chicago South Civic Center
24 Authority.
25 "Board" means the governing and administrative body of
26 the Chicago South Civic Center Authority.
27 "Metropolitan area" means all that territory in the State
28 of Illinois lying within the corporate boundaries of the City
29 of Harvey and the Villages of Flossmoor, Lansing, South
30 Holland, Homewood, East Hazel Crest, and Glenwood, together
31 with the territory within the boundaries of other Illinois
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1 municipalities that become part of the metropolitan area as
2 provided in Section 55-15 1-13.1.
3 (Source: P.A. 86-8; 87-738.)
4 (70 ILCS 245/1-4, in part)
5 Section 55-10. Authority created; principal office. Sec.
6 1-4. There is hereby created a political subdivision, body
7 politic and municipal corporation by the name and style of
8 the Chicago South Civic Center Authority in the metropolitan
9 area.
10 The principal office of the Authority shall be in the
11 City of Harvey.
12 (Source: P.A. 86-8; 87-738.)
13 (70 ILCS 245/1-13.1)
14 Section 55-15. Inclusion of contiguous territory within
15 metropolitan area. Sec. 1-13.1. A municipality that is
16 contiguous to the metropolitan area may, by ordinance,
17 request that its territory be included within the
18 metropolitan area. The request shall be made to the Board of
19 the Authority. If the Board, by ordinance, approves the
20 request, the territory of the requesting municipality shall
21 thereafter be part of the metropolitan area.
22 (Source: P.A. 87-738.)
23 (70 ILCS 245/1-14, in part)
24 Section 55-20. Board created. Sec. 1-14. The governing
25 and administrative body of the Authority shall be known as
26 the Chicago South Civic Center Authority Board. The members
27 of the Board shall be individuals of generally recognized
28 ability and integrity.
29 (Source: P.A. 86-8; 87-738.)
30 (70 ILCS 245/1-15, in part)
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1 Section 55-25. Board members appointed. On September 26,
2 1991 (Sec. 1-15. Upon the effective date of Public this
3 amendatory Act 87-738), of 1991 the terms of all the current
4 Board members shall expire. Within 60 days after that the
5 effective date of this amendatory Act of 1991, the mayor or
6 president, as the case may be, of each of the following
7 municipalities, with the advice and consent of the corporate
8 authorities of that municipality, shall appoint one member to
9 the Board, for a total of 7 members: Harvey, Flossmoor,
10 Lansing, South Holland, Homewood, East Hazel Crest, and
11 Glenwood. Two members shall serve for terms expiring June 1,
12 1993, 2 members for terms expiring June 1, 1994, and 3
13 members for terms expiring June 1, 1995. Terms of the members
14 shall be determined by lot at the first meeting of the Board
15 after all appointments are made. Within 60 days after the
16 territory of a municipality becomes part of the metropolitan
17 area as provided in Section 55-15 1-13.1, the mayor or
18 president, as the case may be, of that municipality, with the
19 advice and consent of the corporate authorities of that
20 municipality, shall appoint one member to the Board, who
21 shall be an additional member; that additional member shall
22 serve an initial term expiring on June 1 of the second
23 calendar year after appointment. The successors of the
24 members shall be appointed in like manner for 3 year terms
25 from the date of appointment, except in case of an
26 appointment to fill a vacancy. The Board may, by ordinance,
27 appoint from one to 5 additional members of the Board, those
28 additional members to serve at the pleasure of the Board.
29 (Source: P.A. 86-8; 87-738.)
30 (70 ILCS 245/1-16)
31 Section 55-30. Board members; vacancy in office. Sec.
32 1-16. Members of the Board, except additional members
33 appointed by the Board, shall hold office until their
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1 respective successors have been appointed and qualified. Any
2 member, except additional members appointed by the Board, may
3 resign from office to take effect when his or her successor
4 has been appointed and has qualified. An additional member
5 appointed by the Board may resign from office to take effect
6 upon the date the member specifies. The mayor or president,
7 as the case may be, with the advice and consent of the
8 corporate authorities of the municipality, may remove any
9 member of the Board appointed by him or her in case of
10 incompetency, neglect of duty or malfeasance in office, after
11 service on the member, by registered United States mail,
12 return receipt requested, of a copy of the written charges
13 against him or her and an opportunity to be publicly heard in
14 person or by counsel in his or her own defense upon not less
15 than 10 days notice. In case of failure to qualify within
16 the time required or of abandonment of office or in case of
17 death, conviction of a felony or removal from office, a
18 member's office shall become vacant. Each vacancy shall be
19 filled for the unexpired term by appointment in like manner,
20 as in case of expiration of the term of a member of the
21 Board.
22 (Source: P.A. 86-8; 87-738.)
23 (70 ILCS 245/1-17)
24 Section 55-35. Organization of the Board. Sec. 1-17. As
25 soon as practicably possible after the appointment of the
26 members as provided in Public Act 87-738 this amendatory Act
27 of 1991, the Board shall organize for the transaction of
28 business, select a chairperson and a temporary secretary from
29 its own number and adopt by-laws and regulations to govern
30 its proceedings. The initial chairperson and his or her
31 successors shall be elected by the Board from time to time
32 for the term of his or her office as a member of the Board or
33 for the term of 3 years, whichever is shorter. Actions taken
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1 by the Board before September 26, 1991 (the effective date of
2 Public this amendatory Act 87-738) of 1991 shall remain in
3 force until changed by the Board on or after that the
4 effective date of this amendatory Act of 1991.
5 (Source: P.A. 86-8; 87-738.)
6 (70 ILCS 245/1-18, in part)
7 Section 55-40. Quorum; action by majority of Board
8 members. Sec. 1-18. A majority of all the appointed members
9 of the Board shall constitute a quorum for the transaction of
10 business. All actions of the Board shall be by ordinance or
11 resolution, and the affirmative vote of at least a majority
12 of all the appointed members shall be necessary for the
13 adoption of any ordinance or resolution.
14 (Source: P.A. 86-8; 87-738.)
15 (70 ILCS 245/1-24)
16 Section 55-45. Contracts. Sec. 1-24. All contracts for
17 the sale of property of the value of more than $2,500 or for
18 a concession in or lease of property including air rights of
19 the Authority for a term of more than one year shall be
20 awarded to the highest responsible bidder after advertising
21 for bids. All construction contracts and contracts for
22 supplies, materials, equipment and services, when the expense
23 thereof will exceed $2,500, shall be let to the lowest
24 responsible bidder after advertising for bids, excepting (1)
25 when repair parts, accessories, equipment or services are
26 required for equipment or services previously furnished or
27 contracted for; (2) when the nature of the services required
28 is such that competitive bidding is not in the best interest
29 of the public, including, without limiting the generality of
30 the foregoing, the services of accountants, architects,
31 attorneys, engineers, physicians, superintendents of
32 construction and others possessing a high degree of skill;
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1 and (3) when services such as water, light, heat, power,
2 telephone or telegraph are required.
3 All contracts involving less than $2,500 shall be let by
4 competitive bidding to the lowest responsible bidder whenever
5 possible and, in any event, in a manner calculated to insure
6 the best interests of the public. Competitive bidding is not
7 required for the lease of real estate or buildings owned or
8 controlled by the Authority. The Board is empowered to offer
9 such leases upon such terms as it deems advisable.
10 In determining the responsibility of any bidder, the
11 Board may take into account the past records of dealings with
12 the bidder, experience, adequacy of equipment, ability to
13 complete performance within the time set, and other factors
14 besides financial responsibility, but in no case shall any
15 such contracts be awarded to any other than the highest
16 bidder (in case of sale, concession or lease) or the lowest
17 bidder (in case of purchase or expenditure) unless authorized
18 or approved by a vote of at least a majority of all the
19 appointed members of the Board, and unless such action is
20 accompanied by a statement in writing setting forth the
21 reasons for not awarding the contract to the highest or
22 lowest bidder, as the case may be, which statement shall be
23 kept on file in the principal office of the Authority and
24 open to public inspection.
25 Members of the Board, officers and employees of the
26 Authority and their relatives within the fourth degree of
27 consanguinity by the terms of the civil law, are forbidden to
28 be interested directly or indirectly in any contract for
29 construction or maintenance work or for the delivery of
30 materials, supplies or equipment.
31 The Board shall have the right to reject all bids and to
32 readvertise for bids. If after any such advertisement no
33 responsible and satisfactory bid within the terms of the
34 advertisement shall be received, the Board may award such
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1 contract without competitive bidding provided that it shall
2 not be less advantageous to the Authority than any valid bid
3 received pursuant to advertisement.
4 The Board shall adopt rules and regulations to carry into
5 effect the provisions of this Section.
6 (Source: P.A. 86-8; 87-738.)
7 (70 ILCS 245/1-25, in part)
8 Section 55-50. Bidders; civil action to compel
9 compliance. Sec. 1-25. Any bidder who has submitted a bid in
10 compliance with the requirements for bidding under this
11 Article may bring a civil action in the Circuit Court of Cook
12 County in which the metropolitan area is located to compel
13 compliance with the provisions of this Article relating to
14 the awarding of contracts by the Board.
15 (Source: P.A. 86-8.)
16 (70 ILCS 245/1-26)
17 Section 55-55. Report and financial statement. Sec. 1-26.
18 As soon after the end of each fiscal year as may be
19 expedient, the Board shall cause to be prepared and printed a
20 complete and detailed report and financial statement of its
21 operations and of its assets and liabilities. A reasonably
22 sufficient number of copies of such report shall be printed
23 for distribution to persons interested upon request and a
24 copy thereof shall be filed with the County Clerk and the
25 Mayor of the City of Harvey.
26 (Source: P.A. 86-8.)
27 Section 55-60. Standard civic center provisions
28 incorporated by reference. The following Sections of this
29 Code are incorporated by reference into this Article:
30 Section 2-3. Purpose.
31 Section 2-5. Definitions.
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1 Section 2-10. Lawsuits; common seal.
2 Section 2-15. Duties; auditorium, recreational, and other
3 buildings; lease of space.
4 Section 2-20. Rights and powers, including eminent
5 domain.
6 Section 2-25. Incurring obligations.
7 Section 2-30. Prompt payment.
8 Section 2-35. Acquisition of property from person,
9 State, or local agency.
10 Section 2-40. Federal money.
11 Section 2-45. Insurance.
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance.
14 Section 2-55. Bonds; nature of indebtedness.
15 Section 2-60. Investment in bonds.
16 Section 2-75. Board members; financial matters; conflict
17 of interest.
18 Section 2-80. Board members' oath.
19 Section 2-97. Board meetings; public records.
20 Section 2-100. Secretary; treasurer.
21 Section 2-105. Funds.
22 Section 2-110. Signatures on checks or drafts.
23 Section 2-115. General manager; other appointments.
24 Section 2-122. Rules and regulations; penalties.
25 Section 2-130. Bids and advertisements.
26 Section 2-140. State financial support.
27 Section 2-145. Anti-trust laws.
28 Section 2-150. Tax exemption.
29 ARTICLE 60.
30 COLLINSVILLE CIVIC CENTER
31 (70 ILCS 250/2)
32 Section 60-1. Short title. Sec. 2. This Article Act
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1 shall be known and may be cited as the Collinsville Civic
2 Center Law of 1997 Act.
3 (Source: P.A. 83-1127.)
4 (70 ILCS 250/3, in part)
5 Section 60-5. Definitions. Sec. 3. When used in this
6 Article Act:
7 "Authority" means the Collinsville Metropolitan
8 Exposition, Auditorium and Office Building Authority.
9 "Board" means the governing and administrative body of
10 the Collinsville Metropolitan Exposition, Auditorium and
11 Office Building Authority.
12 "Metropolitan area" means all that territory in the State
13 of Illinois lying within the corporate boundaries of the City
14 of Collinsville.
15 (Source: P.A. 83-1127.)
16 (70 ILCS 250/4, in part)
17 Section 60-10. Authority created; principal office. Sec.
18 4. There is hereby created a political subdivision, body
19 politic and municipal corporation by the name and style of
20 Collinsville Metropolitan Exposition, Auditorium and Office
21 Building Authority in the metropolitan area. The principal
22 office of the Authority shall be in the City of Collinsville.
23 (Source: P.A. 83-1127.)
24 (70 ILCS 250/13.1)
25 Section 60-15. Food and beverage tax. Sec. 13.1.
26 (a) For the sole purpose of obtaining funds for the
27 support, construction, maintenance or financing of a facility
28 of the Authority, the corporate authorities of the City of
29 Collinsville may impose a tax on the retail sale of food and
30 beverages that have been prepared for immediate consumption.
31 The tax shall not exceed the rate of 1% of the selling price
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1 of such food and beverages. A tax imposed pursuant to this
2 Section shall be in addition to any other taxes imposed with
3 respect to such food and beverages.
4 (b) The purchaser of such food and beverages shall be
5 liable for the payment of a tax imposed pursuant to this
6 Section. However, the corporate authorities of the City of
7 Collinsville may require that any person engaged in the
8 business of making retail sales that are subject to the tax
9 collect the tax and pay over the proceeds of the tax as
10 prescribed by ordinance of the corporate authorities.
11 (c) If the corporate authorities of the City of
12 Collinsville determine that all persons engaged in the
13 business of making retail sales of such food and beverages
14 within the City of Collinsville will benefit from the
15 support, construction, maintenance or financing of the
16 facility for which the tax is imposed, the corporate
17 authorities shall impose the tax throughout the City. If,
18 however, the corporate authorities determine that only
19 persons engaged in such retail sales within a particular area
20 within the City of Collinsville will benefit from such
21 support, construction, maintenance or financing, the
22 corporate authorities shall by ordinance establish that area
23 as a special purpose district and shall impose the tax only
24 within the district. In such case the corporate authorities
25 of the City of Collinsville shall be the governing body of
26 the district and shall have the authority to impose the tax
27 pursuant to this Section and expend revenues from the tax for
28 the purposes specified in this Section.
29 (d) For purposes of this Section, the support,
30 construction, maintenance or financing of a facility of the
31 Authority may include the establishment of reserve funds and
32 the expenditure of funds pursuant to an intergovernmental
33 agreement for such purposes.
34 (Source: P.A. 85-1006.)
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1 (70 ILCS 250/14, in part)
2 Section 60-20. Board created. Sec. 14. The governing and
3 administrative body of the Authority shall be a board
4 consisting of 9 members and shall be known as the
5 Collinsville Metropolitan Exposition Auditorium and Office
6 Building Board. The members of the board shall be individuals
7 of generally recognized ability and integrity.
8 (Source: P.A. 86-1017.)
9 (70 ILCS 250/15, in part)
10 Section 60-25. Board members appointed. Sec. 15. Within
11 60 days after January 1, 1985 (the effective date of Public
12 Act 83-1127), this Act becomes effective the Mayor of
13 Collinsville with the advice and consent of the Collinsville
14 City Council shall appoint 9 members of the Board, 3 members
15 to be appointed for a term of one year, 3 members to be
16 appointed for terms of 2 years, and 3 members to be appointed
17 for terms of 3 years, such terms commencing on the date each
18 is appointed. One of the members appointed may be a
19 representative from the Collinsville City Council. At the
20 expiration of the term of any member, his successor shall be
21 appointed by the Mayor of Collinsville in a like manner. All
22 successors shall hold office for a term of 3 years from the
23 date of appointment, except in case of an appointment to fill
24 a vacancy.
25 (Source: P.A. 86-1017.)
26 Section 60-30. Standard civic center provisions
27 incorporated by reference. The following Sections of this
28 Code are incorporated by reference into this Article:
29 Section 2-3. Purpose.
30 Section 2-5. Definitions.
31 Section 2-10. Lawsuits; common seal.
32 Section 2-16. Duties; auditorium and other buildings;
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1 lease of space.
2 Section 2-20. Rights and powers, including eminent
3 domain.
4 Section 2-25. Incurring obligations.
5 Section 2-30. Prompt payment.
6 Section 2-35. Acquisition of property from person,
7 State, or local agency.
8 Section 2-40. Federal money.
9 Section 2-45. Insurance.
10 Section 2-50. Borrowing; revenue bonds; suits to compel
11 performance.
12 Section 2-55. Bonds; nature of indebtedness.
13 Section 2-60. Investment in bonds.
14 Section 2-75. Board members; financial matters; conflict
15 of interest.
16 Section 2-80. Board members' oath.
17 Section 2-83. Removal of Board member from office.
18 Section 2-85. Board members; vacancy in office.
19 Section 2-90. Organization of the Board.
20 Section 2-95. Meetings; action by 5 Board members.
21 Section 2-100. Secretary; treasurer.
22 Section 2-105. Funds.
23 Section 2-110. Signatures on checks or drafts.
24 Section 2-115. General manager; other appointments.
25 Section 2-122. Rules and regulations; penalties.
26 Section 2-125. Contracts; award to other than highest or
27 lowest bidder by vote of 5 Board members.
28 Section 2-130. Bids and advertisements.
29 Section 2-132. Bidders; civil action to compel
30 compliance.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-145. Anti-trust laws.
34 Section 2-150. Tax exemption.
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1 ARTICLE 65.
2 COLUMBIA CIVIC CENTER
3 (70 ILCS 255/2001)
4 Section 65-1. Sec. 2001. Short title. This Article may
5 be cited as the Columbia Civic Center Law of 1997.
6 (Source: P.A. 86-1414.)
7 (70 ILCS 255/2003, in part)
8 Section 65-5. Sec. 2003. Definitions. In this Article:
9 "Authority" means the Columbia Civic Center Authority.
10 "Board" means the governing and administrative body of
11 the Columbia Civic Center Authority.
12 "Metropolitan area" means all that territory in the State
13 of Illinois lying within the corporate boundaries of the city
14 of Columbia in Monroe County.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 255/2004, in part)
17 Section 65-10. Sec. 2004. Creation of Authority. (a) The
18 Columbia Civic Center Authority is created as a political
19 subdivision, body politic, and municipal corporation in the
20 metropolitan area. (b) The principal office of the Authority
21 shall be in the City of Columbia.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 255/2006)
24 Section 65-12. Sec. 2006. Powers. The Authority has the
25 following powers:
26 (a) To acquire, purchase, own, construct, lease as
27 lessee, or in any other way acquire, improve, extend, repair,
28 reconstruct, regulate, operate, equip, and maintain
29 exhibition centers, civic auditoriums, cultural facilities,
30 and office buildings, including sites, parking areas, and
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1 commercial facilities for those structures, located within
2 the metropolitan area.
3 (b) To plan for grounds, centers, and auditoriums; to
4 plan, sponsor, hold, arrange, and finance fairs, industrial,
5 cultural, educational, trade, and scientific exhibits, shows,
6 and events; and to use or allow the use of those grounds,
7 centers, and auditoriums for the holding of fairs, exhibits,
8 shows, and events, whether conducted by the Authority or some
9 other person or governmental agency.
10 (c) To fix and collect just, reasonable, and
11 nondiscriminatory (i) charges and rents for the use of its
12 parking areas and facilities, grounds, centers, buildings,
13 and auditoriums and (ii) admission charges to fairs, shows,
14 exhibits, and events sponsored or held by the Authority. The
15 charges collected may be made available to defray the
16 reasonable expenses of the Authority and to pay the principal
17 of and interest on any bonds issued by the Authority.
18 (d) To enter into contracts treating in any manner with
19 the objects and purposes of this Article.
20 (Source: P.A. 86-1414.)
21 (70 ILCS 255/2014, in part)
22 Section 65-15. Sec. 2014. Creation of the Board. The
23 governing and administrative body of the Authority shall be a
24 board consisting of 7 members and shall be known as the
25 Columbia Civic Center Authority Board. The members of the
26 Board shall be individuals of generally recognized ability
27 and integrity.
28 (Source: P.A. 86-1414.)
29 (70 ILCS 255/2015, in part)
30 Section 65-20. Sec. 2015. Members of the Board appointed.
31 Within 60 days after September 11, 1990 (the effective date
32 of Article 2 of Public Act 86-1414) this Article becomes
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1 effective, the mayor of Columbia, with the advice and consent
2 of the Columbia city council, shall appoint 3 members of the
3 Board for initial terms expiring June 1, 1991; 2 members for
4 initial terms expiring June 1, 1992; and 2 members for
5 initial terms expiring June 1, 1993. The successors of the
6 initial members shall be appointed in like manner for 3 year
7 terms from the date of appointment, except in case of an
8 appointment to fill a vacancy for an unexpired term.
9 (Source: P.A. 86-1414.)
10 (70 ILCS 255/2016, in part)
11 Section 65-25. Removal of Board members. Sec. 2016.
12 Vacancy in office. The mayor of Columbia, with the advice and
13 consent of the Columbia city council, may remove any member
14 of the Board in case of incompetency, neglect of duty, or
15 malfeasance in office, after service on the member, by
16 registered United States mail, return receipt requested, of a
17 copy of the written charges against the member and after an
18 opportunity to be publicly heard in person or by counsel in
19 his or her own defense upon being notified not less than 10
20 days before the hearing.
21 (Source: P.A. 86-1414.)
22 Section 65-30. Standard civic center provisions
23 incorporated by reference. The following Sections of this
24 Code are incorporated by reference into this Article:
25 Section 2-3. Purpose.
26 Section 2-5. Definitions.
27 Section 2-10. Lawsuits; common seal.
28 Section 2-15. Duties; auditorium, recreational, and other
29 buildings; lease of space.
30 Section 2-25. Incurring obligations.
31 Section 2-30. Prompt payment.
32 Section 2-35. Acquisition of property from person,
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1 State, or local agency.
2 Section 2-40. Federal money.
3 Section 2-45. Insurance.
4 Section 2-50. Borrowing; revenue bonds; suits to compel
5 performance.
6 Section 2-55. Bonds; nature of indebtedness.
7 Section 2-60. Investment in bonds.
8 Section 2-75. Board members; financial matters; conflict
9 of interest.
10 Section 2-80. Board members' oath.
11 Section 2-85. Board members; vacancy in office.
12 Section 2-90. Organization of the Board.
13 Section 2-96. Meetings; action by 4 Board members.
14 Section 2-100. Secretary; treasurer.
15 Section 2-105. Funds.
16 Section 2-110. Signatures on checks or drafts.
17 Section 2-115. General manager; other appointments.
18 Section 2-122. Rules and regulations; penalties.
19 Section 2-126. Contracts; award to other than highest or
20 lowest bidder by vote of 4 Board members.
21 Section 2-130. Bids and advertisements.
22 Section 2-132. Bidders; civil action to compel
23 compliance.
24 Section 2-135. Report and financial statement.
25 Section 2-140. State financial support.
26 Section 2-145. Anti-trust laws.
27 Section 2-150. Tax exemption.
28 ARTICLE 70.
29 CRYSTAL LAKE CIVIC CENTER
30 (70 ILCS 305/2-2)
31 Section 70-1. Short title. Sec. 2-2. This Article shall
32 be known and may be cited as the Crystal Lake Civic Center
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1 Law of 1997.
2 (Source: P.A. 85-793.)
3 (70 ILCS 305/2-3, in part)
4 Section 70-5. Definitions. Sec. 2-3. When used in this
5 Article:
6 "Authority" means the Crystal Lake Civic Center
7 Authority.
8 "Board" means the governing and administrative body of
9 the Crystal Lake Civic Center Authority.
10 "Metropolitan area" means all that territory in the State
11 of Illinois lying within the corporate boundaries of the
12 municipality of Crystal Lake in the County of McHenry.
13 (Source: P.A. 87-1208.)
14 (70 ILCS 305/2-4, in part)
15 Section 70-10. Authority created; principal office. Sec.
16 2-4. There is hereby created a political subdivision, body
17 politic and municipal corporation by the name and style of
18 the Crystal Lake Civic Center Authority in the metropolitan
19 area.
20 The principal office of the Authority shall be in the
21 City of Crystal Lake.
22 (Source: P.A. 85-793.)
23 (70 ILCS 305/2-14, in part)
24 Section 70-15. Board created. Sec. 2-14. The governing
25 and administrative body of the Authority shall be a board
26 consisting of 9 members and shall be known as the Crystal
27 Lake Civic Center Authority Board. The members of the Board
28 shall be individuals of generally recognized ability and
29 integrity.
30 (Source: P.A. 85-793.)
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1 (70 ILCS 305/2-15, in part)
2 Section 70-20. Board members appointed. Sec. 2-15.
3 Within 60 days after January 1, 1988 (the effective date of
4 Article II of Public Act 85-793) this Article becomes
5 effective, the Mayor of the City of Crystal Lake, with the
6 advice and consent of the Crystal Lake City Council, shall
7 appoint 3 members of the Board for initial terms expiring
8 June 1, 1988; 3 members for initial terms expiring June 1,
9 1989; and 3 members for initial terms expiring June 1, 1990.
10 The successors of the initial members shall be appointed in
11 like manner for 3 year terms from the date of appointment,
12 except in case of an appointment to fill a vacancy.
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/2-16, in part)
15 Section 70-25. Removal of Board members. Sec. 2-16. The
16 appointing officer, with the advice and consent of the
17 Crystal Lake City Council, may remove any member of the Board
18 appointed by him, in case of incompetency, neglect of duty or
19 malfeasance in office, after service on him, by registered
20 United States mail, return receipt requested, of a copy of
21 the written charges against him and an opportunity to be
22 publicly heard in person or by counsel in his own defense
23 upon not less than 10 days notice.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/2-25, in part)
26 Section 70-30. Bidders; civil action to compel
27 compliance. Sec. 2-25. Any bidder who has submitted a bid in
28 compliance with the requirements for bidding under this
29 Article may bring a civil action in the Circuit Court of
30 McHenry County in which the metropolitan area is located to
31 compel compliance with the provisions of this Article Act
32 relating to the awarding of contracts by the Board.
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1 (Source: P.A. 85-793.)
2 Section 70-35. Standard civic center provisions
3 incorporated by reference. The following Sections of this
4 Code are incorporated by reference into this Article:
5 Section 2-3. Purpose.
6 Section 2-5. Definitions.
7 Section 2-10. Lawsuits; common seal.
8 Section 2-15. Duties; auditorium, recreational, and other
9 buildings; lease of space.
10 Section 2-20. Rights and powers, including eminent
11 domain.
12 Section 2-25. Incurring obligations.
13 Section 2-30. Prompt payment.
14 Section 2-35. Acquisition of property from person,
15 State, or local agency.
16 Section 2-40. Federal money.
17 Section 2-45. Insurance.
18 Section 2-50. Borrowing; revenue bonds; suits to compel
19 performance.
20 Section 2-55. Bonds; nature of indebtedness.
21 Section 2-60. Investment in bonds.
22 Section 2-75. Board members; financial matters; conflict
23 of interest.
24 Section 2-80. Board members' oath.
25 Section 2-85. Board members; vacancy in office.
26 Section 2-90. Organization of the Board.
27 Section 2-95. Meetings; action by 5 Board members.
28 Section 2-100. Secretary; treasurer.
29 Section 2-105. Funds.
30 Section 2-110. Signatures on checks or drafts.
31 Section 2-115. General manager; other appointments.
32 Section 2-122. Rules and regulations; penalties.
33 Section 2-125. Contracts; award to other than highest or
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1 lowest bidder by vote of 5 Board members.
2 Section 2-130. Bids and advertisements.
3 Section 2-135. Report and financial statement.
4 Section 2-140. State financial support.
5 Section 2-145. Anti-trust laws.
6 Section 2-150. Tax exemption.
7 ARTICLE 75.
8 DECATUR CIVIC CENTER
9 (70 ILCS 265/1.1)
10 Section 75-1. Short title. Sec. 1.1. This Article may be
11 cited Act shall be known as the Decatur Civic Center Law of
12 1997 "Decatur and Vermilion County Civic Centers Act".
13 (Source: P.A. 86-888; 86-907.)
14 (70 ILCS 265/1)
15 Section 75-5. Purpose. Sec. 1. It is the purpose of this
16 Article Act to provide for a 2 separate Metropolitan
17 Exposition, Auditorium and Office Building Authority
18 Authorities, one in Decatur and one in Vermilion County.
19 (Source: P.A. 86-888; 86-907.)
20 (70 ILCS 265/2, in part)
21 Section 75-10. Definitions. In this Article: Sec. 2.
22 "Authority" means the Decatur Metropolitan Exposition,
23 Auditorium and Office Building Authority. The term also means
24 the Vermilion County Metropolitan Exposition, Auditorium and
25 Office Building Authority.
26 "Board" means the governing and administrative body of
27 the Decatur Metropolitan Exposition, Auditorium and Office
28 Building Authority. The term also means the governing and
29 administrative body of the Vermilion County Metropolitan
30 Exposition, Auditorium and Office Building Authority.
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1 "Metropolitan area" means all that territory in the State
2 of Illinois lying within the corporate boundaries of the City
3 of Decatur or the County of Vermilion, as the case may be.
4 (Source: P.A. 86-888; 86-907.)
5 (70 ILCS 265/3, in part)
6 Section 75-15. Authority created; principal office. Sec.
7 3. There is hereby created a unit of local government known
8 as the Decatur or Vermilion County, as the case may be,
9 Metropolitan Exposition, Auditorium and Office Building
10 Authority in the metropolitan area.
11 The principal office of the Authority shall be in the
12 City of Decatur or the County of Vermilion, as the case may
13 be.
14 (Source: P.A. 86-888; 86-907.)
15 (70 ILCS 265/5)
16 Section 75-20. Rights and powers. Sec. 5. The Authority
17 shall have the following rights and powers duties:
18 (a) To acquire, purchase, own, construct, lease as
19 lessee or in any other way acquire, improve, extend, repair,
20 reconstruct, regulate, operate, equip and maintain fair
21 expositions grounds, convention or exhibition centers, civic
22 auditoriums, and office and municipal buildings, including
23 sites and parking areas and facilities therefor located
24 within the metropolitan area.
25 (b) To enter into contracts treating in any manner with
26 the objects and purposes of this Article Act.
27 (c) To plan for such grounds, centers and auditoriums
28 and to plan, sponsor, hold, arrange, and finance fairs,
29 industrial, cultural, educational, trade and scientific
30 exhibits, shows and events and to use or allow the use of
31 such grounds, centers and auditoriums for the holding of
32 fairs, exhibits, shows and events whether conducted by the
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1 Authority or some other person or governmental agency.
2 (d) To exercise the right of eminent domain to acquire
3 sites for such grounds, centers, buildings and auditoriums,
4 and parking areas and facilities in the manner provided for
5 the exercise of the right of eminent domain under Article VII
6 of the Code of Civil Procedure, as amended.
7 (e) To fix and collect just, reasonable and
8 nondiscriminatory charges and rents for the use of such
9 parking areas and facilities, grounds, centers, buildings and
10 auditoriums and admission charges to fairs, shows, exhibits
11 and events sponsored or held by the Authority. The charges
12 collected may be made available to defray the reasonable
13 expenses of the Authority and to pay the principal of and the
14 interest on any bonds issued by the Authority.
15 (Source: P.A. 82-783.)
16 (70 ILCS 265/11)
17 Section 75-25. Bonds; nature of indebtedness. Sec. 11.
18 Under no circumstances shall any bonds issued by the
19 Authority be or become an indebtedness or obligation of the
20 State of Illinois or any unit of local government or school
21 district within the State, nor shall any such bond or
22 obligation be or become an indebtedness of the Authority
23 within the purview of any constitutional limitation or
24 provision, and it shall be plainly stated on the face of each
25 bond that it does not constitute such an indebtedness or
26 obligation but is payable solely from revenues or income.
27 (Source: P.A. 79-794.)
28 (70 ILCS 265/12)
29 Section 75-30. Investment in bonds. Sec. 12. The State
30 and all counties, cities, villages, incorporated towns and
31 other units of local government and public bodies, and public
32 officers of any thereof; , all banks, bankers, trust
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1 companies, savings banks and institutions, building and loan
2 associations, savings and loan associations, investment
3 companies and other persons carrying on an insurance
4 business; and all executors, administrators, guardians,
5 trustees and other fiduciaries may legally invest any sinking
6 funds, moneys or other funds belonging to them or within
7 their control in any bonds issued pursuant to this Article
8 Act, it if being the purpose of this Section to authorize the
9 investment in such bonds of all sinking, insurance,
10 retirement, compensation, pension and trust funds, whether
11 owned or controlled by private or public persons or officers;
12 provided, however, that nothing contained in this Section may
13 be construed as relieving any person from any duty of
14 exercising reasonable care in selecting securities for
15 investment.
16 (Source: P.A. 79-794.)
17 (70 ILCS 265/13)
18 Section 75-35. Bonds other than revenue bonds. Sec. 13.
19 No bonds, other than revenue bonds issued pursuant to Section
20 2-52 10, shall be issued by the Authority until the
21 proposition to issue the same has been submitted to and
22 approved by a majority of the voters of said metropolitan
23 area voting upon the proposition at a general election in
24 accordance with the general election law. The Authority may
25 by resolution order such proposition submitted at a regular
26 election in accordance with the general election law,
27 whereupon the recording officer shall certify the resolution
28 and the proposition to the proper election officials for
29 submission. Any proposition to issue bonds as herein set
30 forth shall be in substantially the following form:
31 -------------------------------------------------------------
32 Shall bonds of the "Decatur
33 (or Vermilion County, as the case YES
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1 may be) Metropolitan Exposition,
2 Auditorium and Office Building -------------------------
3 Authority" to the amount of
4 ........ Dollars ($ ) be NO
5 issued for the purpose of
6 ..........?
7 -------------------------------------------------------------
8 (Source: P.A. 86-888; 86-907.)
9 (70 ILCS 265/14)
10 Section 75-40. Tax. Sec. 14. If a majority of the voters
11 of said metropolitan area approve the issuance of bonds as
12 provided in Section 75-35 13 of this Act, the Authority shall
13 have power to levy and collect annually a sum sufficient to
14 pay for the annual principal and interest charges on such
15 bonds.
16 Such taxes proposed by the Authority to be levied upon
17 the taxable property within the metropolitan area shall be
18 levied by ordinance. After the ordinance has been adopted it
19 shall, within 10 days after its passage, be published once in
20 a newspaper published and having a general circulation within
21 the metropolitan area. A certified copy of such levy
22 ordinance shall be filed with the county clerk no later than
23 the 3rd Tuesday in September in each year. Thereupon the
24 county clerk shall extend such tax; provided the aggregate
25 amount of taxes levied for any one year shall not exceed the
26 rate of .0005% of the full fair cash value, as equalized or
27 assessed by the Department of Revenue.
28 If the Vermilion County Metropolitan Exposition,
29 Auditorium and Office Building Authority has made an
30 intergovernmental cooperation agreement with other units of
31 local government that provides that the tax shall be levied
32 only in part of the metropolitan area, then the tax shall be
33 levied only in the part of the metropolitan area as provided
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1 in the agreement.
2 (Source: P.A. 86-888; 86-907.)
3 (70 ILCS 265/15, in part)
4 Section 75-45. Board created. Sec. 15. The governing and
5 administrative body of the Authority shall be a board and
6 shall be known as the Decatur Metropolitan Exposition,
7 Auditorium and Office Building Board and or the Vermilion
8 County Metropolitan Exposition, Auditorium and Office
9 Building Board, as the case may be. The Decatur Metropolitan
10 Exposition, Auditorium and Office Building Board shall
11 consist of 9 members. The Vermilion County Exposition,
12 Auditorium and Office Building Board shall consist of 12
13 members.
14 (Source: P.A. 86-888; 86-907.)
15 (70 ILCS 265/16, in part)
16 Section 75-50. Board members appointed. Sec. 16. Within
17 60 days after October 1, 1975 (the effective date of Public
18 Act 79-794), this Act becomes effective the Mayor of Decatur,
19 or the Mayor of Danville, as the case may be with the advice
20 and consent of the Decatur or Danville city council, as the
21 case may be, shall appoint 9 members of the board, 3 members
22 to be appointed for terms of 1 year, 3 members to be
23 appointed for terms of 2 years, and 3 members to be appointed
24 for terms of 3 years, such terms commencing on the date each
25 is appointed. Within 60 days after the effective date of this
26 amendatory Act of 1989, the chairman of the county board of
27 Vermilion County, with the advice and consent of the county
28 board, shall appoint 3 members to the Vermilion County
29 Metropolitan Exposition, Auditorium and Office Building Board
30 to serve for terms of one, 2, or 3 years, respectively, such
31 terms commencing on the date each is appointed. At the
32 expiration of the term of any member, his successor shall be
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1 appointed by the Mayor of Decatur, the Mayor of Danville, or
2 the chairman of the county board of Vermilion County, as the
3 case may be, in like manner. All successors shall hold office
4 for a term of 3 years from the date of appointment, except in
5 case of an appointment to fill a vacancy.
6 (Source: P.A. 86-888; 86-907.)
7 (70 ILCS 265/19, in part)
8 Section 75-55. Quorum; action by 5 Board members. Sec.
9 19. Three members of the Board shall constitute a quorum for
10 the transaction of business. All action of the Board shall
11 be by ordinance or resolution, and the affirmative vote of at
12 least 5 members in the case of the Decatur Metropolitan
13 Exposition, Auditorium and Office Building Board and at least
14 7 members in the case of the Vermilion County Metropolitan
15 Exposition, Auditorium and Office Building Board shall be
16 necessary for the adoption of any ordinance or resolution.
17 (Source: P.A. 86-888; 86-907.)
18 Section 75-60. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-5. Definitions.
22 Section 2-10. Lawsuits; common seal.
23 Section 2-16. Duties; auditorium and other buildings;
24 lease of space.
25 Section 2-25. Incurring obligations.
26 Section 2-30. Prompt payment.
27 Section 2-36. Acquisition of property from person or
28 governmental agency.
29 Section 2-40. Federal money.
30 Section 2-45. Insurance.
31 Section 2-52. Borrowing; revenue bonds; interest payable
32 semi-annually; bond sale price; effect of Omnibus Bond Acts.
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1 Section 2-76. Board members; financial matters;
2 compensation for secretary or treasurer; conflict of
3 interest.
4 Section 2-80. Board members' oath.
5 Section 2-83. Removal of Board member from office.
6 Section 2-85. Board members; vacancy in office.
7 Section 2-90. Organization of the Board.
8 Section 2-97. Board meetings; public records.
9 Section 2-101. Secretary; treasurer; funds deposited in
10 bank or savings and loan association.
11 Section 2-106. Funds; compliance with Public Funds
12 Investment Act.
13 Section 2-110. Signatures on checks or drafts.
14 Section 2-115. General manager; other appointments.
15 Section 2-120. Ordinances, rules, and regulations; fines
16 and penalties.
17 Section 2-127. Contracts; award to other than highest or
18 lowest bidder by four-fifths vote.
19 Section 2-130. Bids and advertisements.
20 Section 2-135. Report and financial statement.
21 Section 2-140. State financial support.
22 Section 2-145. Anti-trust laws.
23 Section 2-150. Tax exemption.
24 Section 2-155. Partial invalidity.
25 ARTICLE 80.
26 DUPAGE COUNTY CIVIC CENTER
27 (70 ILCS 270/1-1)
28 Section 80-1. Short title. Sec. 1-1. This Article 1
29 shall be known and may be cited as the DuPage County Civic
30 Center Law of 1997 Act.
31 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/1-2, in part)
2 Section 80-5. Definitions. Sec. 1-2. When used in this
3 Article:
4 "Authority" means DuPage County Metropolitan Exposition,
5 Auditorium and Office Building Authority.
6 "Board" means the governing and administrative body of
7 the DuPage County Metropolitan Exposition, Auditorium and
8 Office Building Authority.
9 "Metropolitan area" means all that territory in the State
10 of Illinois lying within DuPage County, except for those
11 portions lying within municipalities which have a civic
12 center authority within the corporate limits of such
13 municipalities, and except for those portions within the
14 metropolitan area of the Illinois-Michigan Canal National
15 Heritage Corridor Civic Center Authority.
16 (Source: P.A. 85-791.)
17 (70 ILCS 270/1-3, in part)
18 Section 80-10. Authority created; principal office. Sec.
19 1-3. There is hereby created a political subdivision, body
20 politic and municipal corporation by the name and style of
21 DuPage County Metropolitan Exposition, Auditorium and Office
22 Building Authority in the metropolitan area.
23 The principal office of the Authority shall be in DuPage
24 County.
25 (Source: P.A. 83-1456.)
26 (70 ILCS 270/1-5)
27 Section 80-15. Rights and powers. Sec. 1-5. The Authority
28 shall have the following rights and powers duties:
29 (a) To acquire, purchase, own, construct, lease as
30 lessee or in any other way acquire, improve, extend, repair,
31 reconstruct, regulate, operate, equip and maintain fair
32 expositions grounds, convention or exhibition centers, civic
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1 auditoriums, and office and county buildings, including sites
2 and parking areas and facilities therefor located within the
3 metropolitan area.
4 (b) To enter into contracts treating in any manner with
5 the objects and purposes of this Article Act.
6 (c) To plan for such grounds, centers and auditoriums
7 and to plan, sponsor, hold, arrange, and finance fairs,
8 industrial, cultural, educational, trade and scientific
9 exhibits, shows and events and to use or allow the use of
10 such grounds, centers and auditoriums for the holding of
11 fairs, exhibits, shows and events whether conducted by the
12 Authority or some other person or governmental agency.
13 (d) To exercise the right of eminent domain to acquire
14 sites for such grounds, centers, buildings and auditoriums,
15 and parking areas and facilities in the manner provided for
16 the exercise of the right of eminent domain under Article VII
17 of the Code of Civil Procedure, as amended.
18 (e) To fix and collect just, reasonable and
19 nondiscriminatory charges and rents for the use of such
20 parking areas and facilities, grounds, centers, buildings and
21 auditoriums and admission charges to fairs, shows, exhibits
22 and events sponsored or held by the Authority. The charges
23 collected may be made available to defray the reasonable
24 expenses of the Authority and to pay the principal of and the
25 interest on any bonds issued by the Authority.
26 (Source: P.A. 83-1456.)
27 (70 ILCS 270/1-10)
28 Section 80-20. Borrowing; revenue bonds. Sec. 1-10. The
29 Authority shall have continuing power to borrow money for the
30 purpose of carrying out and performing its duties and
31 exercising its powers under this Article Act.
32 For the purpose of evidencing the obligation of the
33 Authority to repay any money borrowed as aforesaid, the
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1 Authority may, pursuant to an ordinance adopted by the Board,
2 from time to time issue and dispose of its interest bearing
3 revenue bonds, and may also from time to time issue and
4 dispose of its interest bearing revenue bonds to refund any
5 bonds at maturity or pursuant to redemption provisions or at
6 any time before maturity with the consent of the holders
7 thereof. All such bonds shall be payable solely from the
8 revenues or income to be derived from the fairs, expositions,
9 exhibitions, rentals and leases and other authorized
10 activities operated by it, and from funds, if any, received
11 and to be received by the Authority from any other source.
12 Such bonds may bear such date or dates, may mature at such
13 time or times not exceeding 40 years from their respective
14 dates, may bear interest at such rate or rates, not exceeding
15 the maximum rate authorized by the Bond Authorization Act, as
16 amended at the time of the making of the contract, may be in
17 such form, may carry such registration privileges, may be
18 executed in such manner, may be payable at such place or
19 places, may be made subject to redemption in such manner and
20 upon such terms, with or without premium as is stated on the
21 face thereof, may be executed in such manner and may contain
22 such terms and covenants, all as may be provided in said
23 ordinance. In case any officer whose signature appears on any
24 bond ceases (after attaching his signature) to hold office,;
25 his signature shall nevertheless be valid and effective for
26 all purposes. The holder or holders of any bonds, or interest
27 coupons appertaining thereto issued by the Authority may
28 bring mandamus, injunction, or other civil actions or and
29 proceedings to compel the performance and observance by the
30 Authority or any of its officers, agents or employees of or
31 any contract or covenant made by the Authority with the
32 holders of such bonds or interest coupons, and to compel the
33 Authority and any of its officers, agents or employees to
34 perform any duties required to be performed for the benefit
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1 of the holders of any such bonds or interest coupons by the
2 provisions of the ordinance authorizing their issuance, and
3 to enjoin the Authority and any of its officers, agents or
4 employees from taking any action in conflict with any such
5 contract or covenant.
6 Notwithstanding the form and tenor of any such bonds and
7 in the absence of any express recital on the face thereof
8 that it is nonnegotiable, all such bonds shall be negotiable
9 instruments under the Uniform Commercial Code of the State of
10 Illinois.
11 The bonds shall be sold by the corporate authorities of
12 the Authority in such manner as said corporate authorities
13 shall determine, except that if issued to bear interest at
14 the maximum rate authorized by the Bond Authorization Act, as
15 amended at the time of the making of the contract, the bonds
16 shall be sold for not less than par and accrued interest and
17 except that the selling price of bonds bearing interest at a
18 rate of less than the maximum rate authorized by the Bond
19 Authorization Act, as amended at the time of the making of
20 the contract, shall be such that the interest cost to the
21 Authority of the money received from the sale of bonds shall
22 not exceed the maximum rate authorized by the Bond
23 Authorization Act, as amended at the time of the making of
24 the contract, computed to absolute maturity of said bonds or
25 certificates according to standard tables of bond values.
26 From and after the issuance of any bonds as herein
27 provided it shall be the duty of the corporate authorities of
28 the Authority to fix and establish rates, charges, rents, and
29 fees for the use of facilities acquired, constructed,
30 reconstructed, extended or improved with the proceeds of the
31 sale of said bonds sufficient at all times, with other
32 revenues of the Authority to pay:
33 (a) the cost of maintaining, repairing, regulating and
34 operating the said facilities; and
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1 (b) the bonds and interest thereon as they shall become
2 due, and all sinking fund requirements and other requirements
3 provided by the ordinance authorizing the issuance of the
4 bonds or as provided by any trust agreement executed to
5 secure payment thereof.
6 To secure the payment of any or all of such bonds and for
7 the purpose of setting forth the covenants and undertakings
8 of the Authority in connection with the issuance thereof and
9 the issuance of any additional bonds payable from such
10 revenue income to be derived from the fairs, recreational,
11 theatrical, cultural, expositions, sport activities,
12 exhibitions, office rentals, and air space leases and
13 rentals, and other revenue, if any, the Authority may execute
14 and deliver a trust agreement or agreements; provided that no
15 lien upon any physical property of the Authority shall be
16 created thereby.
17 A remedy for any breach or default of the terms of any
18 such trust agreement by the Authority may be by mandamus,
19 injunction, or other civil actions or and proceedings in any
20 court of competent jurisdiction to compel performance and
21 compliance therewith, but the trust agreement may prescribe
22 by whom or on whose behalf such action may be instituted.
23 Before any such bonds (excepting refunding bonds) are
24 sold the entire authorized issue, or any part thereof, shall
25 be offered for sale as a unit after advertising for bids at
26 least 3 times in a daily newspaper of general circulation
27 published in the metropolitan area, the last publication to
28 be at least 10 days before bids are required to be filed.
29 Copies of such advertisement may be published in any
30 newspaper or financial publication in the United States. All
31 bids shall be sealed, filed and opened as provided by
32 ordinance and the bonds shall be awarded to the highest and
33 best bidder or bidders therefor. The Authority shall have the
34 right to reject all bids and readvertise for bids in the
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1 manner provided for in the initial advertisement. However, if
2 no bids are received such bonds may be sold at not less than
3 par value, without further advertising, within 60 days after
4 the bids are required to be filed pursuant to any
5 advertisement.
6 With respect to instruments for the payment of money
7 issued under this Section either before, on, or after the
8 effective date of Public Act 86-4 this amendatory Act of
9 1989, it is and always has been the intention of the General
10 Assembly (i) that the Omnibus Bond Acts are and always have
11 been supplementary grants of power to issue instruments in
12 accordance with the Omnibus Bond Acts, regardless of any
13 provision of this Article Act that may appear to be or to
14 have been more restrictive than those Acts, (ii) that the
15 provisions of this Section are not a limitation on the
16 supplementary authority granted by the Omnibus Bond Acts, and
17 (iii) that instruments issued under this Section within the
18 supplementary authority granted by the Omnibus Bond Acts are
19 not invalid because of any provision of this Article Act that
20 may appear to be or to have been more restrictive than those
21 Acts.
22 (Source: P.A. 86-4.)
23 (70 ILCS 270/1-13)
24 Section 80-25. Bonds other than revenue bonds. Sec.
25 1-13. No bonds, other than revenue bonds issued pursuant to
26 Section 80-20 1-10, shall be issued by the Authority until
27 the proposition to issue the same has been submitted to and
28 approved by a majority of the voters of said metropolitan
29 area voting upon the proposition at a general election in
30 accordance with the general election law. The Authority may
31 by resolution order such proposition submitted at a regular
32 election in accordance with the general election law,
33 whereupon the recording officer shall certify the resolution
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1 and the proposition to the proper election officials for
2 submission. Any proposition to issue bonds as herein set
3 forth shall be in substantially the following form:
4 -------------------------------------------------------------
5 Shall bonds of the "DuPage County YES
6 Metropolitan Exposition, Auditorium
7 and Office Building Authority" to ----------------------
8 the amount of.... Dollars ($ ) be
9 issued for the purpose of....? NO
10 -------------------------------------------------------------
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/1-14)
13 Section 80-30. Tax. Sec. 1-14. If a majority of the
14 voters of said metropolitan area approve the issuance of
15 bonds as provided in Section 80-25 1-13 of this Act, the
16 Authority shall have power to levy and collect annually a sum
17 sufficient to pay for the annual principal and interest
18 charges on such bonds.
19 Such taxes proposed by the Authority to be levied upon
20 the taxable property within the metropolitan area shall be
21 levied by ordinance. After the ordinance has been adopted it
22 shall, within 10 days after its passage, be published once in
23 a newspaper published and having a general circulation within
24 the metropolitan area. A certified copy of such levy
25 ordinance shall be filed with the county clerk no later than
26 the 3rd Tuesday in September in each year. Thereupon the
27 county clerk shall extend such tax; provided the aggregate
28 amount of taxes levied for any one year shall not exceed the
29 rate of .0005% of the full fair cash value, as equalized or
30 assessed by the Department of Revenue.
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/1-15, in part)
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1 Section 80-35. Board created. Sec. 1-15. The governing
2 and administrative body of the Authority shall be a board
3 consisting of 9 members and shall be known as the DuPage
4 County Metropolitan Exposition Auditorium and Office Building
5 Board. The members of the board shall be individuals of
6 generally recognized ability and integrity.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/1-16, in part)
9 Section 80-40. Board members appointed. Sec. 1-16. Within
10 60 days after September 17, 1984 (the effective date of
11 Article 1 of Public Act 83-1456), this Act becomes effective
12 the Chairman of the DuPage County Board, with the advice and
13 consent of the DuPage County Board, shall appoint 9 members
14 of the DuPage County Metropolitan Exposition, Auditorium and
15 Office Building Authority, 3 members to be appointed for
16 terms of 1 year, 3 members to be appointed for terms of 2
17 years, and 3 members to be appointed for terms of 3 years,
18 such terms commencing on the date each is appointed. At the
19 expiration of the term of any member, his successor shall be
20 appointed by the Chairman of the DuPage County Board in like
21 manner. All successors shall hold office for a term of 3
22 years from the date of appointment, except in case of an
23 appointment to fill a vacancy.
24 (Source: P.A. 83-1456.)
25 Section 80-45. Standard civic center provisions
26 incorporated by reference. The following Sections of this
27 Code are incorporated by reference into this Article:
28 Section 2-5. Definitions.
29 Section 2-10. Lawsuits; common seal.
30 Section 2-16. Duties; auditorium and other buildings;
31 lease of space.
32 Section 2-25. Incurring obligations.
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1 Section 2-30. Prompt payment.
2 Section 2-35. Acquisition of property from person,
3 State, or local agency.
4 Section 2-40. Federal money.
5 Section 2-45. Insurance.
6 Section 2-55. Bonds; nature of indebtedness.
7 Section 2-60. Investment in bonds.
8 Section 2-76. Board members; financial matters;
9 compensation for secretary or treasurer; conflict of
10 interest.
11 Section 2-80. Board members' oath.
12 Section 2-83. Removal of Board member from office.
13 Section 2-85. Board members; vacancy in office.
14 Section 2-90. Organization of the Board.
15 Section 2-95. Meetings; action by 5 Board members.
16 Section 2-101. Secretary; treasurer; funds deposited in
17 bank or savings and loan association.
18 Section 2-106. Funds; compliance with Public Funds
19 Investment Act.
20 Section 2-110. Signatures on checks or drafts.
21 Section 2-115. General manager; other appointments.
22 Section 2-120. Ordinances, rules, and regulations; fines
23 and penalties.
24 Section 2-127. Contracts; award to other than highest or
25 lowest bidder by four-fifths vote.
26 Section 2-130. Bids and advertisements.
27 Section 2-135. Report and financial statement.
28 Section 2-140. State financial support.
29 Section 2-145. Anti-trust laws.
30 Section 2-150. Tax exemption.
31 ARTICLE 85.
32 ELGIN CIVIC CENTER
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1 (70 ILCS 270/3-2)
2 Section 85-1. Short title. Sec. 3-2. This Article 3 shall
3 be known and may be cited as the Elgin Civic Center Law of
4 1997 Act.
5 (Source: P.A. 83-1456.)
6 (70 ILCS 270/3-3, in part)
7 Section 85-5. Definitions. Sec. 3-3. When used in this
8 Article:
9 "Authority" means the Elgin Metropolitan Exposition,
10 Auditorium and Office Building Authority.
11 "Board" means the governing and administrative body of
12 the Elgin Metropolitan Exposition, Auditorium and Office
13 Building Authority.
14 "Metropolitan area" means all that territory in the State
15 of Illinois lying within the corporate boundaries of the City
16 of Elgin.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/3-4, in part)
19 Section 85-10. Authority created; principal office. Sec.
20 3-4. There is hereby created a political subdivision, body
21 politic and municipal corporation by the name and style of
22 the Elgin Metropolitan Exposition, Auditorium and Office
23 Building Authority in the metropolitan area.
24 The principal office of the Authority shall be in the
25 City of Elgin.
26 (Source: P.A. 83-1456.)
27 (70 ILCS 270/3-16, in part)
28 Section 85-15. Board created. Sec. 3-16. The governing
29 and administrative body of the Authority shall be a board
30 consisting of 7 members and shall be known as the Elgin
31 Metropolitan Exposition Auditorium and Office Building Board.
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1 The members of the board shall be individuals of generally
2 recognized ability and integrity.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/3-17, in part)
5 Section 85-20. Board members appointed. Sec. 3-17.
6 Within 60 days after September 17, 1984 (the effective date
7 of Article 3 of Public Act 83-1456), this Act becomes
8 effective the Mayor of Elgin with the advice and consent of
9 the Elgin City Council shall appoint 7 members of the Board,
10 2 members to be appointed for a term of one year, 2 members
11 to be appointed for terms of 2 years, and 3 members to be
12 appointed for terms of 3 years, such terms commencing on the
13 date each is appointed. One of the members appointed may be
14 a representative from the Elgin City Council. At the
15 expiration of the term of any member, his successor shall be
16 appointed by the Mayor of Elgin in a like manner. All
17 successors shall hold office for a term of 3 years from the
18 date of appointment, except in case of an appointment to fill
19 a vacancy.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/3-22)
22 Section 85-25. Funds; compliance with Public Funds
23 Investment Act. Sec. 3-22. All funds deposited by the
24 treasurer in any bank shall be placed in the name of the
25 Authority and shall be withdrawn or paid out only by check or
26 draft upon the bank, signed by the treasurer and
27 countersigned by the Chairman of the Board. The Board may
28 designate any of its members or any officer or employee of
29 the Authority to affix the signature of the chairman and
30 another to affix the signature of the treasurer to any check
31 or draft for payment of salaries or wages and for payment of
32 any other obligation of not more than $2,500.
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1 No bank or savings and loan association shall receive
2 public funds as permitted by this Section unless it has
3 complied with the requirements established pursuant to
4 Section 6 of the Public Funds Investment Act "An Act relating
5 to certain investments of public agencies", approved July 23,
6 1943, as now or hereafter amended.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/3-27, in part)
9 Section 85-30. Bidders; civil action to compel
10 compliance. Sec. 3-27. Any bidder who has submitted a bid in
11 compliance with the requirements for bidding under this
12 Article may bring a civil action in the circuit court in Kane
13 County to compel compliance with the provisions of this Act
14 relating to the awarding of contracts by the Board.
15 (Source: P.A. 83-1456.)
16 Section 85-35. Standard civic center provisions
17 incorporated by reference. The following Sections of this
18 Code are incorporated by reference into this Article:
19 Section 2-3. Purpose.
20 Section 2-5. Definitions.
21 Section 2-10. Lawsuits; common seal.
22 Section 2-16. Duties; auditorium and other buildings;
23 lease of space.
24 Section 2-20. Rights and powers, including eminent
25 domain.
26 Section 2-25. Incurring obligations.
27 Section 2-30. Prompt payment.
28 Section 2-35. Acquisition of property from person,
29 State, or local agency.
30 Section 2-40. Federal money.
31 Section 2-45. Insurance.
32 Section 2-50. Borrowing; revenue bonds; suits to compel
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1 performance.
2 Section 2-55. Bonds; nature of indebtedness.
3 Section 2-60. Investment in bonds.
4 Section 2-65. Bonds other than revenue bonds.
5 Section 2-70. Tax.
6 Section 2-75. Board members; financial matters; conflict
7 of interest.
8 Section 2-80. Board members' oath.
9 Section 2-83. Removal of Board member from office.
10 Section 2-85. Board members; vacancy in office.
11 Section 2-90. Organization of the Board.
12 Section 2-96. Meetings; action by 4 Board members.
13 Section 2-100. Secretary; treasurer.
14 Section 2-110. Signatures on checks or drafts.
15 Section 2-115. General manager; other appointments.
16 Section 2-122. Rules and regulations; penalties.
17 Section 2-125. Contracts; award to other than highest or
18 lowest bidder by vote of 5 Board members.
19 Section 2-130. Bids and advertisements.
20 Section 2-135. Report and financial statement.
21 Section 2-140. State financial support.
22 Section 2-145. Anti-trust laws.
23 Section 2-150. Tax exemption.
24 ARTICLE 90.
25 FOREST PARK CIVIC CENTER
26 (70 ILCS 275/3001)
27 Section 90-1. Sec. 3001. Short title. This Article may
28 be cited as the Forest Park Civic Center Law of 1997.
29 (Source: P.A. 86-1414.)
30 (70 ILCS 275/3003, in part)
31 Section 90-5. Sec. 3003. Definitions. In this Article:
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1 "Authority" means the Forest Park Civic Center Authority.
2 "Board" means the governing and administrative body of
3 the Forest Park Civic Center Authority.
4 "Metropolitan area" means all that territory in the State
5 of Illinois lying within the corporate boundaries of the
6 village of Forest Park in Cook County.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 275/3004, in part)
9 Section 90-10. Sec. 3004. Creation of Authority.
10 (a) The Forest Park Civic Center Authority is created as
11 a political subdivision, body politic, and municipal
12 corporation in the metropolitan area.
13 (b) The principal office of the Authority shall be in
14 the village of Forest Park.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 275/3006)
17 Section 90-12. Sec. 3006. Powers. The Authority has the
18 following powers:
19 (a) To acquire, purchase, own, construct, lease as
20 lessee, or in any other way acquire, improve, extend, repair,
21 reconstruct, regulate, operate, equip, and maintain
22 exhibition centers, civic auditoriums, cultural facilities,
23 and office buildings, including sites, parking areas, and
24 commercial facilities for those structures, located within
25 the metropolitan area.
26 (b) To plan for grounds, centers, and auditoriums; to
27 plan, sponsor, hold, arrange, and finance fairs, industrial,
28 cultural, educational, trade, and scientific exhibits, shows,
29 and events; and to use or allow the use of those grounds,
30 centers, and auditoriums for the holding of fairs, exhibits,
31 shows, and events, whether conducted by the Authority or some
32 other person or governmental agency.
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1 (c) To fix and collect just, reasonable, and
2 nondiscriminatory (i) charges and rents for the use of its
3 parking areas and facilities, grounds, centers, buildings,
4 and auditoriums and (ii) admission charges to fairs, shows,
5 exhibits, and events sponsored or held by the Authority. The
6 charges collected may be made available to defray the
7 reasonable expenses of the Authority and to pay the principal
8 of and interest on any bonds issued by the Authority.
9 (d) To enter into contracts treating in any manner with
10 the objects and purposes of this Article.
11 (Source: P.A. 86-1414.)
12 (70 ILCS 275/3014, in part)
13 Section 90-15. Sec. 3014. Creation of the Board. The
14 governing and administrative body of the Authority shall be a
15 board consisting of 5 members and shall be known as the
16 Forest Park Civic Center Authority Board. The members of the
17 Board shall be individuals of generally recognized ability
18 and integrity.
19 (Source: P.A. 86-1414.)
20 (70 ILCS 275/3015, in part)
21 Section 90-20. Sec. 3015. Members of the Board
22 appointed. Within 60 days after September 11, 1990 (the
23 effective date of Article 3 of Public Act 86-1414) this
24 Article becomes effective, the mayor of Forest Park, with the
25 advice and consent of the corporate authorities of the
26 village of Forest Park, shall appoint 2 members of the Board
27 for initial terms expiring June 1, 1991; 2 members for
28 initial terms expiring June 1, 1992; and one member for an
29 initial term expiring June 1, 1993. The successors of the
30 initial members shall be appointed in like manner for 3 year
31 terms from the date of appointment, except in case of an
32 appointment to fill a vacancy for an unexpired term.
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1 (Source: P.A. 86-1414.)
2 (70 ILCS 275/3016, in part)
3 Section 90-25. Removal of Board members. Sec. 3016.
4 Vacancy in office. The mayor of Forest Park, with the advice
5 and consent of the corporate authorities of the village of
6 Forest Park, may remove any member of the Board in case of
7 incompetency, neglect of duty, or malfeasance in office,
8 after service on the member, by registered United States
9 mail, return receipt requested, of a copy of the written
10 charges against the member and after an opportunity to be
11 publicly heard in person or by counsel in his or her own
12 defense upon being notified not less than 10 days before the
13 hearing.
14 (Source: P.A. 86-1414.)
15 (70 ILCS 275/3018, in part)
16 Section 90-30. Quorum; action by 3 Board members. Sec.
17 3018. Meetings; ordinances. Three members of the Board shall
18 constitute a quorum for the transaction of business. All
19 actions of the Board shall be by ordinance or resolution, and
20 the affirmative vote of at least 3 members shall be necessary
21 for the adoption of any ordinance or resolution.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 275/3024)
24 Section 90-35. Sec. 3024. Contracts; award to other than
25 highest or lowest bidder by vote of 3 Board members.
26 (a) All contracts for the sale of property of a value of
27 more than $2,500 or for a concession in or lease of property,
28 including air rights, of the Authority for a term of more
29 than one year shall be awarded to the highest responsible
30 bidder after advertising for bids. All construction
31 contracts and contracts for supplies, materials, equipment,
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1 and services, when the expense will exceed $2,500, shall be
2 let to the lowest responsible bidder after advertising for
3 bids, except (i) when repair parts, accessories, equipment,
4 or services are required for equipment or services previously
5 furnished or contracted for, (ii) when the nature of the
6 services required is such that competitive bidding is not in
7 the best interest of the public, including without limitation
8 the services of accountants, architects, attorneys,
9 engineers, physicians, superintendents of construction, and
10 others possessing a high degree of skill, and (iii) when
11 services such as water, light, heat, power, telephone, or
12 telegraph are required.
13 (b) All contracts involving less than $2,500 shall be
14 let by competitive bidding to the lowest responsible bidder
15 whenever possible and, in any event, in a manner calculated
16 to ensure insure the best interests of the public.
17 Competitive bidding is not required for the lease of real
18 estate or buildings owned or controlled by the Authority.
19 The Board is empowered to offer those leases upon terms it
20 deems advisable.
21 (c) In determining the responsibility of any bidder, the
22 Board may take into account the past records of dealings with
23 the bidder, the bidder's experience, adequacy of equipment,
24 and ability to complete performance within the time set, and
25 other factors besides financial responsibility, but in no
26 case shall any contracts be awarded to any other than the
27 highest bidder (in case of sale, concession, or lease) or the
28 lowest bidder (in case of purchase or expenditure) unless
29 authorized or approved by a vote of at least 3 members of the
30 Board and unless the action is accompanied by a statement in
31 writing setting forth the reasons for not awarding the
32 contract to the highest or lowest bidder, as the case may be,
33 which statement shall be kept on file in the principal office
34 of the Authority and open to public inspection.
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1 (d) Members of the Board, officers and employees of the
2 Authority, and their relatives within the fourth degree of
3 consanguinity by the terms of the civil law are forbidden to
4 be interested directly or indirectly in any contract for
5 construction or maintenance work or for the delivery of
6 materials, supplies, or equipment.
7 (e) The Board shall have the right to reject all bids
8 and to readvertise for bids. If no responsible and
9 satisfactory bid within the terms of the advertisement is
10 received, the Board may award the contract without
11 competitive bidding if the contract is not less advantageous
12 to the Authority than any valid bid received in response to
13 advertisement.
14 (f) The Board shall adopt rules and regulations to carry
15 into effect the provisions of this Section.
16 (Source: P.A. 86-1414.)
17 Section 90-40. Standard civic center provisions
18 incorporated by reference. The following Sections of this
19 Code are incorporated by reference into this Article:
20 Section 2-3. Purpose.
21 Section 2-5. Definitions.
22 Section 2-10. Lawsuits; common seal.
23 Section 2-15. Duties; auditorium, recreational, and other
24 buildings; lease of space.
25 Section 2-25. Incurring obligations.
26 Section 2-30. Prompt payment.
27 Section 2-35. Acquisition of property from person,
28 State, or local agency.
29 Section 2-40. Federal money.
30 Section 2-45. Insurance.
31 Section 2-50. Borrowing; revenue bonds; suits to compel
32 performance.
33 Section 2-55. Bonds; nature of indebtedness.
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1 Section 2-60. Investment in bonds.
2 Section 2-75. Board members; financial matters; conflict
3 of interest.
4 Section 2-80. Board members' oath.
5 Section 2-85. Board members; vacancy in office.
6 Section 2-90. Organization of the Board.
7 Section 2-97. Board meetings; public records.
8 Section 2-100. Secretary; treasurer.
9 Section 2-105. Funds.
10 Section 2-110. Signatures on checks or drafts.
11 Section 2-115. General manager; other appointments.
12 Section 2-122. Rules and regulations; penalties.
13 Section 2-130. Bids and advertisements.
14 Section 2-132. Bidders; civil action to compel
15 compliance.
16 Section 2-135. Report and financial statement.
17 Section 2-140. State financial support.
18 Section 2-145. Anti-trust laws.
19 Section 2-150. Tax exemption.
20 ARTICLE 95.
21 HERRIN CIVIC CENTER
22 (70 ILCS 280/1-2)
23 Section 95-1. Short title. Sec. 1-2. This Article 1
24 shall be known and may be cited as the Herrin and Jefferson
25 County Civic Center Law of 1997 Act.
26 (Source: P.A. 83-1451.)
27 (70 ILCS 280/1-3, in part)
28 Section 95-5. Definitions. Sec. 1-3. When used in this
29 Article Act:
30 "Authority" means the Herrin Metropolitan Exposition,
31 Auditorium and Office Building Authority or the Jefferson
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1 County Metropolitan Exposition, Auditorium and Office
2 Building Authority, as the case may be.
3 "Board" means the governing and administrative body of
4 the Herrin Metropolitan Exposition, Auditorium and Office
5 Building Authority or the governing and administrative body
6 of the Jefferson County Metropolitan Exposition, Auditorium
7 and Office Building Authority, as the case may be.
8 "Metropolitan area" means all that territory in the State
9 of Illinois lying within the corporate boundaries of the City
10 of Herrin or of the County of Jefferson, as the case may be.
11 (Source: P.A. 83-1451.)
12 (70 ILCS 280/1-4, in part)
13 Section 95-10. Authority created; principal office. Sec.
14 1-4. There is are hereby created a 2 political subdivision
15 subdivisions, body politic politics and municipal corporation
16 corporations by the name names and style styles of the Herrin
17 Metropolitan Exposition, Auditorium and Office Building
18 Authority and the Jefferson County Metropolitan Exposition,
19 Auditorium and Office Building Authority in the their
20 respective metropolitan area areas.
21 The principal office of the Herrin Metropolitan
22 Exposition, Auditorium and Office Building Authority shall be
23 in the City of Herrin and the principal office of the
24 Jefferson County Metropolitan Exposition, Auditorium and
25 Office Building Authority shall be in the City of Mount
26 Vernon.
27 (Source: P.A. 83-1451.)
28 (70 ILCS 280/1-14, in part)
29 Section 95-15. Board created. Sec. 1-14. The governing
30 and administrative body of the Authority shall be a board
31 consisting of 7 members and shall be known as the Herrin
32 Metropolitan Exposition Auditorium and Office Building Board
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1 or the Jefferson County Metropolitan Exposition, Auditorium
2 and Office Building Board, as the case may be. The members of
3 the Board shall be individuals of generally recognized
4 ability and integrity.
5 (Source: P.A. 83-1451.)
6 (70 ILCS 280/1-15, in part)
7 Section 95-20. Board members appointed. Sec. 1-15.
8 Within 60 days after January 1, 1984 (the effective date of
9 Article 1 of Public Act 83-911), this Act becomes effective
10 the Mayor of Herrin or Mount Vernon, as the case may be, with
11 the advice and consent of the Herrin or Mount Vernon City
12 Council, shall appoint 7 members of the Board, 2 members to
13 be appointed for a term of one year, 2 members to be
14 appointed for terms of 2 years, and 3 members to be appointed
15 for terms of 3 years, such terms commencing on the date each
16 is appointed. One of the members appointed may be a
17 representative from the Herrin or Mount Vernon City Council.
18 At the expiration of the term of any member, his successor
19 shall be appointed by the Mayor of Herrin or Mount Vernon in
20 a like manner. All successors shall hold office for a term
21 of 3 years from the date of appointment, except in case of an
22 appointment to fill a vacancy.
23 (Source: P.A. 83-911.)
24 Section 95-25. Standard civic center provisions
25 incorporated by reference. The following Sections of this
26 Code are incorporated by reference into this Article:
27 Section 2-3. Purpose.
28 Section 2-5. Definitions.
29 Section 2-10. Lawsuits; common seal.
30 Section 2-16. Duties; auditorium and other buildings;
31 lease of space.
32 Section 2-20. Rights and powers, including eminent
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1 domain.
2 Section 2-25. Incurring obligations.
3 Section 2-30. Prompt payment.
4 Section 2-35. Acquisition of property from person,
5 State, or local agency.
6 Section 2-40. Federal money.
7 Section 2-45. Insurance.
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance.
10 Section 2-55. Bonds; nature of indebtedness.
11 Section 2-60. Investment in bonds.
12 Section 2-75. Board members; financial matters; conflict
13 of interest.
14 Section 2-80. Board members' oath.
15 Section 2-83. Removal of Board member from office.
16 Section 2-85. Board members; vacancy in office.
17 Section 2-90. Organization of the Board.
18 Section 2-96. Meetings; action by 4 Board members.
19 Section 2-100. Secretary; treasurer.
20 Section 2-105. Funds.
21 Section 2-110. Signatures on checks or drafts.
22 Section 2-115. General manager; other appointments.
23 Section 2-122. Rules and regulations; penalties.
24 Section 2-125. Contracts; award to other than highest or
25 lowest bidder by vote of 5 Board members.
26 Section 2-130. Bids and advertisements.
27 Section 2-132. Bidders; civil action to compel
28 compliance.
29 Section 2-135. Report and financial statement.
30 Section 2-140. State financial support.
31 Section 2-145. Anti-trust laws.
32 Section 2-150. Tax exemption.
33 ARTICLE 100.
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1 ILLINOIS INTERNATIONAL CONVENTION CENTER
2 (70 ILCS 270/6-1)
3 Section 100-1. Short title. Sec. 6-1. This Article 6
4 shall be known and may be cited as the Illinois International
5 Convention Center Law of 1997.
6 (Source: P.A. 86-1414.)
7 (70 ILCS 270/6-2, in part)
8 Section 100-5. Definitions. Sec. 6-2. As used in this
9 Article, unless the context otherwise requires:
10 "Authority" means the Illinois International Convention
11 Center Authority.
12 "Board" means the governing and administrative body of
13 the Illinois International Convention Center Authority.
14 "Metropolitan area" means all that territory which lies
15 within the corporate boundaries of the Village of Schaumburg.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 270/6-3, in part)
18 Section 100-10. Authority created; principal office. Sec.
19 6-3. There is hereby created a unit of local government known
20 as the Illinois International Convention Center Authority in
21 the metropolitan area.
22 The principal office of the Authority shall be in the
23 Village of Schaumburg.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 270/6-10)
26 Section 100-15. Borrowing; revenue bonds. Sec. 6-10. The
27 Authority shall have continuing power to borrow money for the
28 purpose of carrying out and performing its duties and
29 exercising its powers under this Article Act.
30 For the purpose of evidencing the obligation of the
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1 Authority to repay any money borrowed as aforesaid, the
2 Authority may, pursuant to an ordinance adopted by the Board,
3 from time to time issue and dispose of its interest bearing
4 revenue bonds, and may also from time to time issue and
5 dispose of its interest bearing revenue bonds to refund any
6 bonds at maturity or pursuant to redemption provisions or at
7 any time before maturity with the consent of the holders
8 thereof. All such bonds shall be payable solely from the
9 revenues or income to be derived from the fairs, expositions,
10 exhibitions, rentals and leases and other authorized
11 activities operated by the Authority, and from funds, if any,
12 received and to be received by the Authority from any other
13 source. Such bonds may bear such date or dates, may mature
14 at such time or times not exceeding 40 years from their
15 respective dates, may bear interest at such rate or rates,
16 may be in such form, may carry such registration privileges,
17 may be executed in such manner, may be payable at such place
18 or places, may be made subject to redemption in such manner
19 and upon such terms, with or without premium as is stated on
20 the face thereof, may be executed in such manner and may
21 contain such terms and covenants, all as may be provided in
22 the ordinance. In case any officer whose signature appears
23 on any bond ceases (after attaching his signature) to hold
24 office,; his signature shall nevertheless be valid and
25 effective for all purposes. The holder or holders of any
26 bonds, or interest coupons appertaining thereto, issued by
27 the Authority may bring mandamus, injunction, or other civil
28 actions or and proceedings to compel the performance and
29 observance by the Authority or any of its officers, agents or
30 employees of or any contract or covenant made by the
31 Authority with the holders of such bonds or interest coupons,
32 and to compel the Authority and any of its officers, agents
33 or employees to perform any duties required to be performed
34 for the benefit of the holders of any such bonds or interest
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1 coupons by the provisions of the ordinance authorizing their
2 issuance, and to enjoin the Authority and any of its
3 officers, agents or employees from taking any action in
4 conflict with any such contract or covenant.
5 Notwithstanding the form and tenor of any such bonds and
6 in the absence of any express recital on the face thereof
7 that it is non-negotiable, all such bonds shall be negotiable
8 instruments under the Uniform Commercial Code of the State of
9 Illinois.
10 From and after the issuance of any bonds as herein
11 provided it shall be the duty of the corporate authorities of
12 the Authority to fix and establish rates, charges, rents, and
13 fees for the use of facilities acquired, constructed,
14 reconstructed, extended or improved with the proceeds of the
15 sale of said bonds sufficient at all times, with other
16 revenues of the Authority, to pay:
17 (a) the cost of leasing, maintaining, repairing,
18 regulating and operating the facilities; and
19 (b) the bonds and interest thereon as they shall become
20 due, and all sinking fund requirements and other requirements
21 provided by the ordinance authorizing the issuance of the
22 bonds or as provided by any trust agreement executed to
23 secure payment thereof.
24 To secure the payment of any or all of such bonds and for
25 the purpose of setting forth the covenants and undertakings
26 of the Authority in connection with the issuance thereof and
27 the issuance of any additional bonds payable from such
28 revenue income to be derived from the fairs, recreational,
29 theatrical or cultural expositions, sport activities,
30 exhibitions, office rentals, and air space leases and
31 rentals, and other revenue, if any, the Authority may execute
32 and deliver a trust agreement or agreements; provided that no
33 lien upon any physical property of the Authority shall be
34 created thereby.
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1 A remedy for any breach or default of the terms of any
2 such trust agreement by the Authority may be by mandamus,
3 injunction, or other civil actions or and proceedings in any
4 court of competent jurisdiction to compel performance and
5 compliance therewith, but the trust agreement may prescribe
6 by whom or on whose behalf such action may be instituted.
7 Before any such bonds (excepting refunding bonds) are
8 sold, the entire authorized issue, or any part thereof, shall
9 be offered for sale as a unit after advertising for bids at
10 least 3 times in a daily newspaper of general circulation
11 published in the metropolitan area, the last publication to
12 be at least 10 days before bids are required to be filed.
13 Copies of such advertisement may be published in any
14 newspaper or financial publication in the United States. All
15 bids shall be sealed, filed and opened as provided by
16 ordinance and the bonds shall be awarded to the highest and
17 best bidder or bidders therefor. The Authority shall have
18 the right to reject all bids and readvertise for bids in the
19 manner provided for in the initial advertisement. However,
20 if no bids are received such bonds may be sold at not less
21 than par value, without further advertising, within 60 days
22 after the bids are required to be filed pursuant to any
23 advertisement.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 270/6-11)
26 Section 100-20. Bonds; nature of indebtedness. Sec.
27 6-11. Under no circumstances shall any bonds issued by the
28 Authority be or become an indebtedness or obligation of the
29 State of Illinois or any unit of local government or school
30 district within the State, nor shall any such bond or
31 obligation be or become an indebtedness of the Authority
32 within the purview of any constitutional limitation or
33 provision, and it shall be plainly stated on the face of each
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1 bond that it does not constitute such an indebtedness or
2 obligation but is payable solely from revenues or income.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/6-12)
5 Section 100-25. Investment in bonds. Sec. 6-12. The
6 State and all counties, cities, villages, incorporated towns
7 and other units of local government and public bodies, and
8 public officers of any thereof; , all banks, bankers, trust
9 companies, savings banks and institutions, building and loan
10 associations, savings and loan associations, investment
11 companies and other persons carrying on an insurance
12 business; and all executors, administrators, guardians,
13 trustees and other fiduciaries may legally invest any sinking
14 funds, moneys or other funds belonging to them or within
15 their control in any bonds issued pursuant to this Article
16 Act.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/6-13)
19 Section 100-30. Bonds other than revenue bonds; election.
20 Sec. 6-13. No bonds, other than revenue bonds issued pursuant
21 to Section 100-15 6-10, shall be issued by the Authority
22 until the proposition to issue the same has been submitted to
23 and approved by a majority of the voters of said metropolitan
24 area voting upon the proposition at a general election in
25 accordance with the general election law. The Authority may
26 by resolution order such proposition submitted at a regular
27 election in accordance with the general election law,
28 whereupon the recording officer shall certify the resolution
29 and the proposition to the proper election officials for
30 submission. Any proposition to issue bonds as herein set
31 forth shall be in substantially the following form:
32 -------------------------------------------------------------
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1 Shall bonds of the Illinois
2 International Convention Center YES
3 Authority to the amount of...... ------------------------
4 Dollars ($ ) be issued for the NO
5 purpose of....?
6 -------------------------------------------------------------
7 (Source: P.A. 86-1414.)
8 (70 ILCS 270/6-14)
9 Section 100-35. Tax. Sec. 6-14. If a majority of the
10 voters of said metropolitan area approve the issuance of
11 bonds as provided in Section 100-30 6-13 of this Act, the
12 Authority shall have power to levy and collect annually a sum
13 sufficient to pay for the annual principal and interest
14 charges on such bonds.
15 Such taxes proposed by the Authority to be levied upon
16 the taxable property within the metropolitan area shall be
17 levied by ordinance. After the ordinance has been adopted it
18 shall, within 10 days after its passage, be published once in
19 a newspaper published and having a general circulation within
20 the metropolitan area. A certified copy of such levy
21 ordinance shall be filed with the County Clerk no later than
22 the 3rd Tuesday in September in each year. Thereupon the
23 County Clerk shall extend such tax; provided the aggregate
24 amount of taxes levied for any one year shall not exceed the
25 rate of .0005% of the full fair cash value of the taxable
26 property in the metropolitan area, as equalized or assessed
27 by the Department of Revenue.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/6-15, in part)
30 Section 100-40. Board created. Sec. 6-15. The governing
31 and administrative body of the Authority shall be a board
32 consisting of 9 members and shall be known as the Illinois
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1 International Convention Center Board. The members of the
2 board shall be individuals of generally recognized ability
3 and integrity.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 270/6-16, in part)
6 Section 100-45. Board members appointed. Sec. 6-16.
7 Within 60 days after September 17, 1984 (the effective date
8 of Article 6 of Public Act 83-1456) this Act becomes
9 effective, the Village President of Schaumburg, with the
10 advice and consent of the Schaumburg Village Board of
11 Trustees, shall appoint 7 members of the Board, 2 members to
12 be appointed for terms of one year, 2 members to be appointed
13 for terms of 2 years, and 3 members to be appointed for terms
14 of 3 years, such terms commencing on the date each is
15 appointed. Within 60 days after September 11, 1990 (the
16 effective date of Article 4 of Public Act 86-1414) this
17 amendatory Act of 1990 becomes effective, the Village
18 President of Schaumburg, with the advice and consent of the
19 Schaumburg Village Board of Trustees, shall appoint 2
20 additional members of the Board, one member to be appointed
21 for a term of 2 years and one member to be appointed for a
22 term of 3 years, the terms commencing on the date each is
23 appointed. One of the members appointed may be a
24 representative from the Schaumburg Village Board of Trustees.
25 At the expiration of the term of any member, his successor
26 shall be appointed by the Village President of Schaumburg in
27 a like manner. All successors shall hold office for a term of
28 3 years from the date of appointment, except in case of an
29 appointment to fill a vacancy.
30 (Source: P.A. 86-1414.)
31 (70 ILCS 270/6-27)
32 Section 100-50. Report and financial statement. Sec.
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1 6-27. As soon after the end of each fiscal year as may be
2 expedient, the Board shall cause to be prepared and printed a
3 complete and detailed report and financial statement of its
4 operations and of its assets and liabilities. A reasonably
5 sufficient number of copies of such report shall be printed
6 for distribution to persons interested upon request, and a
7 copy thereof shall be filed with the county clerk and the
8 Village President of Schaumburg.
9 (Source: P.A. 83-1456.)
10 Section 100-55. Standard civic center provisions
11 incorporated by reference. The following Sections of this
12 Code are incorporated by reference into this Article:
13 Section 2-5. Definitions.
14 Section 2-10. Lawsuits; common seal.
15 Section 2-17. Duties; auditorium and other buildings.
16 Section 2-21. Rights and powers.
17 Section 2-25. Incurring obligations.
18 Section 2-30. Prompt payment.
19 Section 2-36. Acquisition of property from person or
20 governmental agency.
21 Section 2-40. Federal money.
22 Section 2-45. Insurance.
23 Section 2-75. Board members; financial matters; conflict
24 of interest.
25 Section 2-80. Board members' oath.
26 Section 2-83. Removal of Board member from office.
27 Section 2-85. Board members; vacancy in office.
28 Section 2-90. Organization of the Board.
29 Section 2-95. Meetings; action by 5 Board members.
30 Section 2-101. Secretary; treasurer; funds deposited in
31 bank or savings and loan association.
32 Section 2-106. Funds; compliance with Public Funds
33 Investment Act.
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1 Section 2-110. Signatures on checks or drafts.
2 Section 2-115. General manager; other appointments.
3 Section 2-120. Ordinances, rules, and regulations; fines
4 and penalties.
5 Section 2-127. Contracts; award to other than highest or
6 lowest bidder by four-fifths vote.
7 Section 2-130. Bids and advertisements.
8 Section 2-140. State financial support.
9 Section 2-145. Anti-trust laws.
10 Section 2-150. Tax exemption.
11 ARTICLE 105.
12 ILLINOIS-MICHIGAN CANAL
13 NATIONAL HERITAGE CORRIDOR CIVIC CENTER
14 (70 ILCS 285/1)
15 Section 105-1. Short title. Sec. 1. This Article Act
16 shall be known and may be cited as the Illinois-Michigan
17 "Illinois-Michigan Canal National Heritage Corridor Civic
18 Center Authority Law of 1997 Act".
19 (Source: P.A. 85-791.)
20 (70 ILCS 285/2, in part)
21 Section 105-5. Definitions. Sec. 2. When used in this
22 Article: Act
23 "Authority" means the Illinois-Michigan Canal National
24 Heritage Corridor Civic Center Authority.
25 "Board" means the governing and administrative body of
26 the Illinois-Michigan Canal National Heritage Corridor Civic
27 Center Authority.
28 "Metropolitan area" means all that territory in the State
29 of Illinois lying within the municipalities of Lyons, McCook,
30 Hodgins, Countryside, Indianhead Park, Willow Springs,
31 Justice, Bridgeview, Bedford Park, Summit and Lemont, and all
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1 the incorporated area lying within the Village of Burr Ridge,
2 all the unincorporated area lying within Cook and DuPage
3 County, which is bounded on the North by the north line of
4 the Des Plaines River, on the west by a line 10,000 feet west
5 of the center line of Illinois Rt. 83, on the south by the
6 north line of the Sanitary & Ship Canal, and all the
7 unincorporated area lying within Cook and DuPage County which
8 is bounded on the northwest by the north line of the Sanitary
9 Drainage & Ship Canal, on the South by the Calumet Sag
10 Channel, and on the East by the center line of Illinois Rt.
11 83, and all the area not lying within a city, village or
12 incorporated town lying within Lemont Township which is
13 located north of a line commencing at the intersection of the
14 east line of Lemont Township and McCarthy Road (123rd
15 Street), thence westerly until the intersection of McCarthy
16 Road and Archer Avenue, thence southwesterly until the
17 intersection of Archer Avenue and 127th Street, thence
18 westerly to the west line of Lemont Township, and all the
19 unincorporated municipal area lying within Community College
20 District No. 524, located in Lyons and Palos Townships, lying
21 north of a line commencing at a point which is the
22 intersection lines of Harlem Avenue and Archer Road, thence
23 southwesterly along the center line of Archer Road to the
24 center line of 96th Avenue (LaGrange Road), thence southerly
25 along said center line of 96th Avenue to the center line of
26 McCarthy Road (123rd Street), thence westerly along the
27 center line of McCarthy Road to the west line of Palos
28 Township.
29 (Source: P.A. 85-791.)
30 (70 ILCS 285/3, in part)
31 Section 105-10. Authority created; principal office. Sec.
32 3. There is hereby created a political subdivision, body
33 politic and municipal corporation by the name and style of
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1 Illinois-Michigan Canal National Heritage Corridor Civic
2 Center Authority in the metropolitan area.
3 The principal office of the Authority shall be
4 temporarily in the Village of Summit.
5 (Source: P.A. 85-791.)
6 (70 ILCS 285/4)
7 Section 105-15. Duties. Sec. 4. It shall be the duty of
8 the Authority to promote the Illinois-Michigan Canal and
9 those capital projects which are in support of the operation
10 of the Illinois-Michigan Canal National Corridor and to
11 operate and maintain boat ramps, nature paths, campgrounds
12 and other recreational facilities in the metropolitan area.
13 The Authority is granted all rights and powers necessary to
14 perform such duties, except the power of eminent domain.
15 (Source: P.A. 83-893.)
16 (70 ILCS 285/5)
17 Section 105-20. Rights and powers. Sec. 5. The Authority
18 shall have the following rights and powers duties:
19 (a) To acquire, purchase, own, construct, lease as
20 lessee or in any other way acquire, improve, extend, repair,
21 reconstruct, regulate, operate, equip and maintain land and
22 buildings, including sites for boat ramps, campgrounds,
23 nature paths and other recreational and parking areas and
24 facilities therefor located within the metropolitan area.
25 Nothing in this Section shall be construed to grant the
26 Authority the power of eminent domain.
27 (b) To enter into contracts treating in any manner with
28 the objects and purposes of this Article Act.
29 (c) To plan for such facilities and to allow the use of
30 such facilities whether conducted by the Authority or some
31 other person or governmental agency.
32 (d) To fix and collect just, reasonable and
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1 nondiscriminatory charges and rents for the use of such
2 parking areas and facilities, grounds and buildings held by
3 the Authority. The charges collected may be made available to
4 defray the reasonable expenses of the Authority and to pay
5 the principal of and the interest on any bonds issued by the
6 Authority.
7 (Source: P.A. 83-893.)
8 (70 ILCS 285/10)
9 Section 105-25. Borrowing; revenue bonds. Sec. 10.
10 Authority shall have continuing power to borrow money for the
11 purpose of carrying out and performing its duties and
12 exercising its powers under this Article Act.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to ordinance adopted by the Board,
16 from time to time issue and dispose of its interest bearing
17 revenue bonds, and may also from time to time issue and
18 dispose of its interest bearing revenue bonds to refund any
19 bonds at maturity or pursuant to redemption provisions or at
20 any time before maturity with the consent of the holders
21 thereof. All such bonds shall be payable solely from the
22 revenues or income to be derived from the authorized
23 activities operated by it, and from funds, if any, received
24 and to be received by the Authority from any other source.
25 Such bonds may bear such date or dates, may mature at such
26 time or times not exceeding 40 years from their respective
27 dates, may bear interest at such rate or rates as provided in
28 Section 2 of the Bond Authorization Act "AN ACT to authorize
29 public corporations to issue bonds, other evidences of
30 indebtedness and tax anticipation warrants subject to
31 interest rate limitations set forth therein", approved May
32 26, 1970, as now or hereafter amended, may be in such form,
33 may carry such registration privileges, may be executed in
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1 such manner, may be payable at such place or places, may be
2 made subject to redemption in such manner and upon such
3 terms, with or without premium as is stated on the face
4 thereof, may be executed in such manner and may contain such
5 terms and covenants, all as may be provided in said
6 ordinance. In case any officer whose signature appears on any
7 bond ceases (after attaching his signature) to hold office,;
8 his signature shall nevertheless be valid and effective for
9 all purposes. The holder or holders of any bonds, or interest
10 coupons appertaining thereto issued by the Authority may
11 bring suits at law or proceedings in equity to compel the
12 performance and observance by the Authority or any of its
13 officers, agents or employees of or any contract or covenant
14 made by the Authority with the holders of such bonds or
15 interest coupons, and to compel the Authority and any of its
16 officers, agents or employees to perform any duties required
17 to be performed for the benefit of the holders of any such
18 bonds or interest coupons by the provisions of the ordinance
19 authorizing their issuance, and to enjoin the Authority and
20 any of its officers, agents or employees from taking any
21 action in conflict with any such contract or covenant.
22 Notwithstanding the form and tenor of any such bonds and
23 in the absence of any express recital on the face thereof
24 that it is nonnegotiable, all such bonds shall be negotiable
25 instruments under the Uniform Commercial Code of the State of
26 Illinois.
27 The bonds shall be sold by the corporate authorities of
28 the Authority in such manner as said corporate authorities
29 shall determine, except that if issued to bear interest at
30 the maximum rate permitted by law, the bonds shall be sold
31 for not less than par and accrued interest.
32 From and after the issuance of any bonds as herein
33 provided it shall be the duty of the corporate authorities of
34 the Authority to fix and establish rates, charges, rents, and
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1 fees for the use of facilities acquired, constructed,
2 reconstructed, extended or improved with the proceeds of the
3 sale of said bonds sufficient at all times, with other
4 revenues of the Authority to pay:
5 (a) the cost of maintaining, repairing, regulating and
6 operating such facilities; and
7 (b) the bonds and interest thereon as they shall become
8 due, and all sinking fund requirements and other requirements
9 provided by the ordinance authorizing the issuance of the
10 bonds or as provided by any trust agreement executed to
11 secure payment thereof.
12 To secure the payment of any or all of such bonds and for
13 the purpose of setting forth the covenants and undertakings
14 of the Authority in connection with the issuance thereof and
15 the issuance of any additional bonds payable from such
16 revenue income to be derived from the recreational activities
17 and other revenue, if any, the Authority may execute and
18 deliver a trust agreement or agreements; provided that no
19 lien upon any physical property of the Authority shall be
20 created thereby.
21 A remedy for any breach or default of the terms of any
22 such trust agreement by the Authority may be by mandamus
23 proceedings in any court of competent jurisdiction to compel
24 performance and compliance therewith, but the trust agreement
25 may prescribe by whom or on whose behalf such action may be
26 instituted.
27 Before any such bonds (excepting refunding bonds) are
28 sold the entire authorized issue, or any part thereof, shall
29 be offered for sale as a unit after advertising for bids at
30 least 3 times in a daily newspaper of general circulation
31 published in the metropolitan area, the last publication to
32 be at least 10 days before bids are required to be filed.
33 Copies of such advertisement may be published in any
34 newspaper or financial publication in the United States. All
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1 bids shall be sealed, filed and opened as provided by
2 ordinance and the bonds shall be awarded to the highest and
3 best bidder or bidders therefor. The Authority shall have the
4 right to reject all bids and readvertise for bids in the
5 manner provided for in the initial advertisement. However, if
6 no bids are received such bonds may be sold at not less than
7 par value, without further advertising, within 60 days after
8 the bids are required to be filed pursuant to any
9 advertisement.
10 (Source: P.A. 84-1308.)
11 (70 ILCS 285/13, in part)
12 Section 105-30. Board created. Sec. 13. The governing and
13 administrative body of the Authority shall be a board
14 consisting of 12 members and shall be known as the
15 Illinois-Michigan Canal National Heritage Corridor Civic
16 Center Board. The members of the board shall be individuals
17 of generally recognized ability and integrity.
18 (Source: P.A. 85-791.)
19 (70 ILCS 285/14, in part)
20 Section 105-35. Board members appointed. Sec. 14. Within
21 60 days after July 1, 1984 (the effective date of Public Act
22 83-893), this Act becomes effective the Mayor of each
23 municipality within the metropolitan area, with the advice
24 and consent of the governing body thereof, shall appoint one
25 member of the board for a term of 4 years, such terms
26 commencing on the date each is appointed. The additional
27 member authorized by Public Act 85-791 this amendatory Act of
28 1987 shall be appointed by the Village President of Burr
29 Ridge within 60 days after January 1, 1988 (the effective
30 date of Public Act 85-791) the effective date of this
31 amendatory Act of 1987. At the expiration of the term of any
32 member, his successor shall be appointed by the Mayor of the
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1 appropriate municipality in like manner. All successors shall
2 hold office for a term of 4 years from the date of
3 appointment, except in case of an appointment to fill a
4 vacancy.
5 (Source: P.A. 85-791.)
6 (70 ILCS 285/16)
7 Section 105-38. Organization of the Board. Sec. 16. As
8 soon as practicably possible after the appointment of the
9 initial members, the Board shall organize for the transaction
10 of business, select a chairman and a temporary secretary from
11 its own number, select a location for its principal office
12 and adopt bylaws and regulations to govern its proceedings.
13 The initial chairman and his successors shall be elected by
14 the Board from time to time for the term of his office as a
15 member of the Board.
16 (Source: P.A. 83-893.)
17 (70 ILCS 285/17, in part)
18 Section 105-40. Quorum; action by vote of 7 Board
19 members. Sec. 17. Board. A majority of the members of the
20 Board shall constitute a quorum for the transaction of
21 business. All action of the Board shall be by ordinance or
22 resolution and the affirmative vote of at least 7 members
23 shall be necessary for the adoption of any ordinance or
24 resolution.
25 (Source: P.A. 85-791.)
26 (70 ILCS 285/23)
27 Section 105-45. Contracts; bidding. Sec. 23. All
28 contracts for sale of property of the value of more than
29 $2500 or for a concession in or lease of property, including
30 air rights, of the Authority for a term of more than one year
31 shall be awarded to the highest responsible bidder, after
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1 advertising for bids. All construction contracts and
2 contracts for supplies, materials, equipment and services,
3 when the expense thereof will exceed $2500, shall be let to
4 the lowest responsible bidder, after advertising for bids,
5 excepting (1) when repair parts, accessories, equipment or
6 services are required for equipment or services previously
7 furnished or contracted for; (2) when the nature of the
8 services required is such that competitive bidding is not in
9 the best interest of the public, including, without limiting
10 the generality of the foregoing, the services of accountants,
11 architects, attorneys, engineers, physicians, superintendents
12 of construction, and others possessing a high degree of
13 skill; and (3) when services such as water, light, heat,
14 power, telephone or telegraph are required.
15 All contracts involving less than $2500 shall be let by
16 competitive bidding to the lowest responsible bidder whenever
17 possible, and in any event in a manner calculated to ensure
18 insure the best interests of the public.
19 Competitive bidding is not required for the lease of real
20 estate or buildings owned or controlled by the Authority.
21 The Board is empowered to offer such leases upon such terms
22 as it deems advisable.
23 In determining the responsibility of any bidder, the
24 Board may take in account the past record of dealings with
25 the bidder, the bidder's experience, adequacy of equipment,
26 and ability to complete performance within the time set, and
27 other factors besides financial responsibility, but in no
28 case shall any such contracts be awarded to any other than
29 the highest bidder (in case of sale, concession or lease) or
30 the lowest bidder (in case of purchase or expenditure) unless
31 authorized or approved by a vote of at least 4/5 of the
32 members of the Board, and unless such action is accompanied
33 by a statement in writing setting forth the reasons for not
34 awarding the contract to the highest or lowest bidder, as the
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1 case may be, which statement shall be kept on file in the
2 principal office of the Authority and open to public
3 inspection.
4 Members of the Board, officers and employees of the
5 Authority, and their relatives within the fourth degree of
6 consanguinity by the terms of the civil law, are forbidden to
7 be interested directly or indirectly in any contract for
8 construction or maintenance work or for the delivery of
9 materials, supplies or equipment.
10 The Board shall have the right to reject all bids and to
11 readvertise for bids. If after any such advertisement no
12 responsible and satisfactory bid, within the terms of the
13 advertisement, shall be received, the Board may award such
14 contract, without competitive bidding, provided that it shall
15 not be less advantageous to the Authority than any valid bid
16 received pursuant to advertisement.
17 The Board shall adopt rules and regulations to carry into
18 effect the provisions of this Section.
19 (Source: P.A. 83-893.)
20 Section 105-50. Standard civic center provisions
21 incorporated by reference. The following Sections of this
22 Code are incorporated by reference into this Article:
23 Section 2-5. Definitions.
24 Section 2-10. Lawsuits; common seal.
25 Section 2-25. Incurring obligations.
26 Section 2-30. Prompt payment.
27 Section 2-35. Acquisition of property from person,
28 State, or local agency.
29 Section 2-40. Federal money.
30 Section 2-45. Insurance.
31 Section 2-55. Bonds; nature of indebtedness.
32 Section 2-60. Investment in bonds.
33 Section 2-76. Board members; financial matters;
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1 compensation for secretary or treasurer; conflict of
2 interest.
3 Section 2-80. Board members' oath.
4 Section 2-83. Removal of Board member from office.
5 Section 2-85. Board members; vacancy in office.
6 Section 2-97. Board meetings; public records.
7 Section 2-100. Secretary; treasurer.
8 Section 2-105. Funds.
9 Section 2-110. Signatures on checks or drafts.
10 Section 2-115. General manager; other appointments.
11 Section 2-120. Ordinances, rules, and regulations; fines
12 and penalties.
13 Section 2-130. Bids and advertisements.
14 Section 2-135. Report and financial statement.
15 Section 2-140. State financial support.
16 Section 2-145. Anti-trust laws.
17 Section 2-150. Tax exemption.
18 ARTICLE 110.
19 ILLINOIS VALLEY CIVIC CENTER
20 (70 ILCS 325/6-2)
21 Section 110-1. Short title. Sec. 6-2. This Article shall
22 be known and may be cited as the Illinois Valley Civic Center
23 Law of 1997.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/6-3, in part)
26 Section 110-5. Definitions. Sec. 6-3. When used in this
27 Article:
28 "Authority" means the Illinois Valley Civic Center
29 Authority.
30 "Board" means the governing and administrative body of
31 the Illinois Valley Civic Center Authority.
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1 "Metropolitan area" means all that territory in the State
2 of Illinois lying within the corporate boundaries of the
3 Cities of LaSalle, Oglesby, Peru and Spring Valley in the
4 County of LaSalle.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/6-4, in part)
7 Section 110-10. Authority created; principal office. Sec.
8 6-4. There is hereby created a political subdivision, body
9 politic and municipal corporation by the name and style of
10 the Illinois Valley Civic Center Authority in the
11 metropolitan area.
12 The principal office of the Authority shall be as
13 determined by the Mayors of LaSalle, Oglesby, Peru and
14 Spring Valley.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/6-14, in part)
17 Section 110-15. Board created. Sec. 6-14. The governing
18 and administrative body of the Authority shall be a board
19 consisting of 9 members and shall be known as the Illinois
20 Valley Civic Center Authority Board. The members of the
21 Board shall be individuals of generally recognized ability
22 and integrity.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/6-15, in part)
25 Section 110-20. Board members appointed. Sec. 6-15.
26 Within 60 days after September 11, 1989 (the effective date
27 of Article 6 of Public Act 86-907) this Article becomes
28 effective, the Mayors of the Cities of LaSalle, Oglesby, Peru
29 and Spring Valley, with the advice and consent of the
30 respective City Councils, shall appoint 1 member each of the
31 Board for initial terms expiring June 1, 1990; 1 member each
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1 for initial terms expiring June 1, 1991. The successors of
2 the initial members shall be appointed in like manner for 3
3 year terms from the date of appointment, except in case of an
4 appointment to fill a vacancy.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/6-16, in part)
7 Section 110-25. Removal of Board members. Sec. 6-16. The
8 Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
9 Valley, with the advice and consent of the respective City
10 Councils, may remove any member of the Board appointed by him
11 or her, in case of incompetency, neglect of duty or
12 malfeasance in office, after service on the member, by
13 registered United States mail, return receipt requested, of a
14 copy of the written charges against him or her and an
15 opportunity to be publicly heard in person or by counsel in
16 his or her own defense upon not less than 10 days notice.
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/6-26)
19 Section 110-30. Report and financial statement. Sec.
20 6-26. As soon after the end of each fiscal year as may be
21 expedient, the Board shall cause to be prepared and printed a
22 complete and detailed report and financial statement of its
23 operations and of its assets and liabilities. A reasonably
24 sufficient number of copies of such report shall be printed
25 for distribution to persons interested upon request and a
26 copy thereof shall be filed with the County Clerk and the
27 Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
28 Valley.
29 (Source: P.A. 86-907.)
30 Section 110-35. Standard civic center provisions
31 incorporated by reference. The following Sections of this
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1 Code are incorporated by reference into this Article:
2 Section 2-3. Purpose.
3 Section 2-5. Definitions.
4 Section 2-10. Lawsuits; common seal.
5 Section 2-15. Duties; auditorium, recreational, and other
6 buildings; lease of space.
7 Section 2-20. Rights and powers, including eminent
8 domain.
9 Section 2-25. Incurring obligations.
10 Section 2-30. Prompt payment.
11 Section 2-35. Acquisition of property from person,
12 State, or local agency.
13 Section 2-40. Federal money.
14 Section 2-45. Insurance.
15 Section 2-50. Borrowing; revenue bonds; suits to compel
16 performance.
17 Section 2-55. Bonds; nature of indebtedness.
18 Section 2-60. Investment in bonds.
19 Section 2-75. Board members; financial matters; conflict
20 of interest.
21 Section 2-80. Board members' oath.
22 Section 2-85. Board members; vacancy in office.
23 Section 2-90. Organization of the Board.
24 Section 2-95. Meetings; action by 5 Board members.
25 Section 2-100. Secretary; treasurer.
26 Section 2-105. Funds.
27 Section 2-110. Signatures on checks or drafts.
28 Section 2-115. General manager; other appointments.
29 Section 2-122. Rules and regulations; penalties.
30 Section 2-125. Contracts; award to other than highest or
31 lowest bidder by vote of 5 Board members.
32 Section 2-130. Bids and advertisements.
33 Section 2-132. Bidders; civil action to compel
34 compliance.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 115.
5 JASPER COUNTY CIVIC CENTER
6 (70 ILCS 220/4-2)
7 Section 115-1. Short title. Sec. 4-2. This Article shall
8 be known and may be cited as the Jasper County Civic Center
9 Law of 1997.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/4-3, in part)
12 Section 115-5. Definitions. Sec. 4-3. When used in this
13 Article:
14 "Authority" means the Jasper County Civic Center
15 Authority.
16 "Board" means the governing and administrative body of
17 the Jasper County Civic Center Authority.
18 "Metropolitan area" means all that territory in the State
19 of Illinois lying within the corporate boundaries of the
20 county of Jasper.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/4-4, in part)
23 Section 115-10. Authority created; principal office. Sec.
24 4-4. There is hereby created a political subdivision, body
25 politic and municipal corporation by the name and style of
26 the Jasper County Civic Center Authority in the metropolitan
27 area.
28 The principal office of the Authority shall be in Jasper
29 County.
30 (Source: P.A. 84-245.)
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1 (70 ILCS 220/4-11)
2 Section 115-13. Borrowing; revenue bonds. Sec. 4-11.
3 The Authority shall have continuing power to borrow money for
4 the purpose of carrying out and performing its duties and
5 exercising its powers under this Article Act.
6 For the purpose of evidencing the obligation of the
7 Authority to repay any money borrowed as aforesaid, the
8 Authority may, pursuant to an ordinance adopted by the Board,
9 from time to time issue and dispose of its interest bearing
10 revenue bonds, and may also from time to time issue and
11 dispose of its interest bearing revenue bonds to refund any
12 bonds at maturity or pursuant to redemption provisions or at
13 any time before maturity with the consent of the holders
14 thereof. All such bonds shall be payable solely from the
15 revenues or income to be derived from the fairs, expositions,
16 exhibitions, rentals and leases and other authorized
17 activities operated by it, and from funds, if any, received
18 and to be received by the Authority from any other source.
19 Such bonds may bear such date or dates, may mature at such
20 time or times not exceeding 40 forty years from their
21 respective dates, may bear interest at such rate or rates,
22 not exceeding the maximum rate permitted by the Bond
23 Authorization Act "An Act to authorize public corporations to
24 issue bonds, other evidences of indebtedness and tax
25 anticipation warrants subject to interest rate limitations
26 set forth therein", approved May 26, 1970, as amended, may be
27 in such form, may carry such registration privileges, may be
28 executed in such manner, may be payable at such place or
29 places, may be made subject to redemption in such manner and
30 upon such terms, with or without premium as is stated on the
31 face thereof, may be executed in such manner and may contain
32 such terms and covenants, all as may be provided in said
33 ordinance. In case any officer whose signature appears on any
34 bond ceases (after attaching his signature) to hold office,
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1 his signature shall nevertheless be valid and effective for
2 all purposes. The holder or holders of any bonds, or interest
3 coupons appertaining thereto issued by the Authority may
4 bring suits at law or proceedings in equity to compel the
5 performance and observance by the Authority or any of its
6 officers, agents or employees of or any contract or covenant
7 made by the Authority with the holders of such bonds or
8 interest coupons, and to compel the Authority and any of its
9 officers, agents or employees to perform any duties required
10 to be performed for the benefit of the holders of any such
11 bonds or interest coupons by the provisions of the ordinance
12 authorizing their issuance, and to enjoin the Authority and
13 any of its officers, agents or employees from taking any
14 action in conflict with any such contract or covenant.
15 Notwithstanding the form and tenor of any such bonds and
16 in the absence of any express recital on the face thereof
17 that it is non-negotiable, all such bonds shall be negotiable
18 instruments under the Uniform Commercial Code.
19 From and after the issuance of any bonds as herein
20 provided it shall be the duty of the corporate authorities of
21 the Authority to fix and establish rates, charges, rents, and
22 fees for the use of facilities acquired, constructed,
23 reconstructed, extended or improved with the proceeds of the
24 sale of said bonds sufficient at all times, with other
25 revenues of the Authority to pay:
26 (a) The cost of maintaining, repairing, regulating and
27 operating the said facilities; and
28 (b) The bonds and interest thereon as they shall become
29 due, and all sinking fund requirements and other requirements
30 provided by the ordinance authorizing the issuance of the
31 bonds or as provided by any trust agreement executed to
32 secure payment thereof.
33 To secure the payment of any or all of such bonds and for
34 the purpose of setting forth the covenants and undertakings
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1 of the Authority in connection with the issuance thereof and
2 the issuance of any additional bonds payable from such
3 revenue income to be derived from the fairs, recreational,
4 theatrical, and cultural, expositions, sport activities,
5 exhibitions, office rentals, and air space leases and
6 rentals, and from other revenue, if any, the Authority may
7 execute and deliver a trust agreement or agreements; provided
8 that no lien upon any physical property of the Authority
9 shall be created thereby.
10 A remedy for any breach or default of the terms of any
11 such trust agreement by the Authority may be by mandamus
12 proceedings in the circuit court of Jasper County to compel
13 performance and compliance therewith, but the trust agreement
14 may prescribe by whom or on whose behalf such action may be
15 instituted.
16 Before any such bonds (excepting refunding bonds) are
17 sold the entire authorized issue, or any part thereof, shall
18 be offered for sale as a unit after advertising for bids at
19 least 3 three times in a daily newspaper of general
20 circulation published in the metropolitan area, the last
21 publication to be at least 10 ten days before bids are
22 required to be filed. Copies of such advertisement may be
23 published in any newspaper or financial publication in the
24 United States. All bids shall be sealed, filed and opened as
25 provided by ordinance and the bonds shall be awarded to the
26 highest and best bidder or bidders therefor. The Authority
27 shall have the right to reject all bids and readvertise for
28 bids in the manner provided for in the initial advertisement.
29 However, if no bids are received such bonds may be sold at
30 not less than par value, without further advertising, within
31 60 days after the bids are required to be filed pursuant to
32 any advertisement.
33 (Source: P.A. 84-245.)
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1 (70 ILCS 220/4-14, in part)
2 Section 115-15. Board created. Sec. 4-14. The governing
3 and administrative body of the Authority shall be a board
4 consisting of 9 members and shall be known as the Jasper
5 County Civic Center Authority Board. The members of the
6 board shall be individuals of generally recognized ability
7 and integrity.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/4-15, in part)
10 Section 115-20. Board members appointed. Sec. 4-15.
11 Within 60 days after September 3, 1985 (the effective date of
12 Article 4 of Public Act 84-245), this Article becomes
13 effective: the chairman of the county board of Jasper County,
14 with the advice and consent of the county board of Jasper
15 County shall appoint 3 members of the Board for initial terms
16 expiring July 1, 1986; 3 members for initial terms expiring
17 July 1, 1987; and 3 members for initial terms expiring July
18 1, 1988. The successors of the initial members shall be
19 appointed in like manner for 3 year terms from the date of
20 appointment, except in case of an appointment to fill a
21 vacancy.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/4-16, in part)
24 Section 115-25. Removal of Board members. Sec. 4-16. The
25 appointing officer, with the advice and consent of the county
26 board, may remove any member of the Board appointed by him,
27 in case of incompetency, neglect of duty, or malfeasance in
28 office, after service on him, by registered United States
29 mail, return requested, of a copy of the written charges
30 against him and an opportunity to be publicly heard in person
31 or by counsel in his own defense upon not less than 10 days'
32 notice.
-173- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/4-25, in part)
3 Section 115-30. Bidders; civil action to compel
4 compliance. Sec. 4-25. Any bidder who has submitted a bid in
5 compliance with the requirements for bidding under this
6 Article may bring a civil action in the circuit court of
7 Jasper County in which the metropolitan area is located to
8 compel compliance with the provisions of this Article Act
9 relating to the awarding of contracts by the Board.
10 (Source: P.A. 84-245.)
11 Section 115-35. Standard civic center provisions
12 incorporated by reference. The following Sections of this
13 Code are incorporated by reference into this Article:
14 Section 2-3. Purpose.
15 Section 2-5. Definitions.
16 Section 2-10. Lawsuits; common seal.
17 Section 2-15. Duties; auditorium, recreational, and other
18 buildings; lease of space.
19 Section 2-20. Rights and powers, including eminent
20 domain.
21 Section 2-25. Incurring obligations.
22 Section 2-35. Acquisition of property from person,
23 State, or local agency.
24 Section 2-40. Federal money.
25 Section 2-45. Insurance.
26 Section 2-55. Bonds; nature of indebtedness.
27 Section 2-60. Investment in bonds.
28 Section 2-75. Board members; financial matters; conflict
29 of interest.
30 Section 2-80. Board members' oath.
31 Section 2-85. Board members; vacancy in office.
32 Section 2-90. Organization of the Board.
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1 Section 2-95. Meetings; action by 5 Board members.
2 Section 2-100. Secretary; treasurer.
3 Section 2-105. Funds.
4 Section 2-110. Signatures on checks or drafts.
5 Section 2-115. General manager; other appointments.
6 Section 2-122. Rules and regulations; penalties.
7 Section 2-125. Contracts; award to other than highest or
8 lowest bidder by vote of 5 Board members.
9 Section 2-130. Bids and advertisements.
10 Section 2-135. Report and financial statement.
11 Section 2-140. State financial support.
12 Section 2-145. Anti-trust laws.
13 Section 2-150. Tax exemption.
14 ARTICLE 120.
15 JEFFERSON COUNTY CIVIC CENTER
16 (70 ILCS 280/1-2)
17 Section 120-1. Short title. Sec. 1-2. This Article 1
18 shall be known and may be cited as the Herrin and Jefferson
19 County Civic Center Law of 1997 Act.
20 (Source: P.A. 83-1451.)
21 (70 ILCS 280/1-3, in part)
22 Section 120-5. Definitions. Sec. 1-3. When used in this
23 Article Act:
24 "Authority" means the Herrin Metropolitan Exposition,
25 Auditorium and Office Building Authority or the Jefferson
26 County Metropolitan Exposition, Auditorium and Office
27 Building Authority, as the case may be.
28 "Board" means the governing and administrative body of
29 the Herrin Metropolitan Exposition, Auditorium and Office
30 Building Authority or the governing and administrative body
31 of the Jefferson County Metropolitan Exposition, Auditorium
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1 and Office Building Authority, as the case may be.
2 "Metropolitan area" means all that territory in the State
3 of Illinois lying within the corporate boundaries of the City
4 of Herrin or of the County of Jefferson, as the case may be.
5 (Source: P.A. 83-1451.)
6 (70 ILCS 280/1-4, in part)
7 Section 120-10. Authority created; principal office. Sec.
8 1-4. There is are hereby created a 2 political subdivision
9 subdivisions, body politic politics and municipal corporation
10 corporations by the name names and style styles of the Herrin
11 Metropolitan Exposition, Auditorium and Office Building
12 Authority and the Jefferson County Metropolitan Exposition,
13 Auditorium and Office Building Authority in the their
14 respective metropolitan area areas. The principal office of
15 the Herrin Metropolitan Exposition, Auditorium and Office
16 Building Authority shall be in the City of Herrin and the
17 principal office of the Jefferson County Metropolitan
18 Exposition, Auditorium and Office Building Authority shall be
19 in the City of Mount Vernon.
20 (Source: P.A. 83-1451.)
21 (70 ILCS 280/1-14, in part)
22 Section 120-15. Board created. Sec. 1-14. The governing
23 and administrative body of the Authority shall be a board
24 consisting of 7 members and shall be known as the Herrin
25 Metropolitan Exposition Auditorium and Office Building Board
26 or the Jefferson County Metropolitan Exposition, Auditorium
27 and Office Building Board, as the case may be. The members of
28 the board shall be individuals of generally recognized
29 ability and integrity.
30 (Source: P.A. 83-1451.)
31 (70 ILCS 280/1-15, in part)
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1 Section 120-20. Board members appointed. Sec. 1-15.
2 Within 60 days after January 1, 1984 (the effective date of
3 Article 1 of Public Act 83-911), this Act becomes effective
4 the Mayor of Herrin or Mount Vernon, as the case may be, with
5 the advice and consent of the Herrin or Mount Vernon City
6 Council, shall appoint 7 members of the Board, 2 members to
7 be appointed for a term of one year, 2 members to be
8 appointed for terms of 2 years, and 3 members to be appointed
9 for terms of 3 years, such terms commencing on the date each
10 is appointed. One of the members appointed may be a
11 representative from the Herrin or Mount Vernon City Council.
12 At the expiration of the term of any member, his successor
13 shall be appointed by the Mayor of Herrin or Mount Vernon in
14 a like manner. All successors shall hold office for a term
15 of 3 years from the date of appointment, except in case of an
16 appointment to fill a vacancy.
17 (Source: P.A. 83-911.)
18 Section 120-25. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-3. Purpose.
22 Section 2-5. Definitions.
23 Section 2-10. Lawsuits; common seal.
24 Section 2-16. Duties; auditorium and other buildings;
25 lease of space.
26 Section 2-20. Rights and powers, including eminent
27 domain.
28 Section 2-25. Incurring obligations.
29 Section 2-30. Prompt payment.
30 Section 2-35. Acquisition of property from person,
31 State, or local agency.
32 Section 2-40. Federal money.
33 Section 2-45. Insurance.
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1 Section 2-50. Borrowing; revenue bonds; suits to compel
2 performance.
3 Section 2-55. Bonds; nature of indebtedness.
4 Section 2-60. Investment in bonds.
5 Section 2-75. Board members; financial matters; conflict
6 of interest.
7 Section 2-80. Board members' oath.
8 Section 2-83. Removal of Board member from office.
9 Section 2-85. Board members; vacancy in office.
10 Section 2-90. Organization of the Board.
11 Section 2-96. Meetings; action by 4 Board members.
12 Section 2-100. Secretary; treasurer.
13 Section 2-105. Funds.
14 Section 2-110. Signatures on checks or drafts.
15 Section 2-115. General manager; other appointments.
16 Section 2-122. Rules and regulations; penalties.
17 Section 2-125. Contracts; award to other than highest or
18 lowest bidder by vote of 5 Board members.
19 Section 2-130. Bids and advertisements.
20 Section 2-132. Bidders; civil action to compel
21 compliance.
22 Section 2-135. Report and financial statement.
23 Section 2-140. State financial support.
24 Section 2-145. Anti-trust laws.
25 Section 2-150. Tax exemption.
26 ARTICLE 125.
27 JO DAVIESS COUNTY CIVIC CENTER
28 (70 ILCS 220/6-1)
29 Section 125-1. Short title. Sec. 6-1. This Article shall
30 be known and may be cited as the Jo Daviess County Civic
31 Center Law of 1997.
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/6-2, in part)
2 Section 125-5. Definitions. Sec. 6-2. When used in this
3 Article:
4 "Authority" means the Jo Daviess County Civic Center
5 Authority.
6 "Board" means the governing and administrative body of
7 the Jo Daviess County Civic Center Authority.
8 "Metropolitan area" means all that territory in the State
9 of Illinois lying within Jo Daviess County.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/6-3, in part)
12 Section 125-10. Authority created; principal office. Sec.
13 6-3. There is hereby created a political subdivision, body
14 politic and municipal corporation by the name and style of
15 the Jo Daviess County Civic Center Authority in the
16 metropolitan area.
17 The principal office of the Authority shall be in Jo
18 Daviess County.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/6-5)
21 Section 125-15. Rights and powers. Sec. 6-5. The
22 Authority shall have the following rights and powers duties:
23 (a) To acquire, purchase, own, construct, lease as
24 lessee or in any other way acquire, improve, extend, repair,
25 reconstruct, regulate, operate, equip and maintain fair
26 expositions grounds, convention or exhibition centers, civic
27 auditoriums, and office and county buildings, including sites
28 and parking areas and facilities therefor located within the
29 metropolitan area.
30 (b) To enter into contracts treating in any manner with
31 the objects and purposes of this Article Act.
32 (c) To plan for such grounds, centers and auditoriums
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1 and to plan, sponsor, hold, arrange, and finance fairs,
2 industrial, cultural, educational, trade and scientific
3 exhibits, shows and events and to use or allow the use of
4 such grounds, centers and auditoriums for the holding of
5 fairs, exhibits, shows and events whether conducted by the
6 Authority or some other person or governmental agency.
7 (d) To exercise the right of eminent domain to acquire
8 sites for such grounds, centers, buildings and auditoriums,
9 and parking areas and facilities in the manner provided for
10 the exercise of the right of eminent domain under Article VII
11 of the Code of Civil Procedure, as amended.
12 (e) To fix and collect just, reasonable and
13 nondiscriminatory charges and rents for the use of such
14 parking areas and facilities, grounds, centers, buildings and
15 auditoriums and admission charges to fairs, shows, exhibits
16 and events sponsored or held by the Authority. The charges
17 collected may be made available to defray the reasonable
18 expenses of the Authority and to pay the principal of and the
19 interest on any bonds issued by the Authority.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/6-10)
22 Section 125-20. Borrowing; revenue bonds. Sec. 6-10. The
23 Authority shall have continuing power to borrow money for the
24 purpose of carrying out and performing its duties and
25 exercising its powers under this Article Act.
26 For the purpose of evidencing the obligation of the
27 Authority to repay any money borrowed as aforesaid, the
28 Authority may, pursuant to an ordinance adopted by the Board,
29 from time to time issue and dispose of its interest bearing
30 revenue bonds, and may also from time to time issue and
31 dispose of its interest bearing revenue bonds to refund any
32 bonds at maturity or pursuant to redemption provisions or at
33 any time before maturity with the consent of the holders
-180- LRB9000879DJcd
1 thereof. All such bonds shall be payable solely from the
2 revenues or income to be derived from the fairs, expositions,
3 exhibitions, rentals and leases and other authorized
4 activities operated by it, and from funds, if any, received
5 and to be received by the Authority from any other source.
6 Such bonds may bear such date or dates, may mature at such
7 time or times not exceeding 40 years from their respective
8 dates, may bear interest at such rate or rates, not exceeding
9 the maximum rate authorized by the Bond Authorization Act, as
10 amended at the time of the making of the contract, may be in
11 such form, may carry such registration privileges, may be
12 executed in such manner, may be payable at such place or
13 places, may be made subject to redemption in such manner and
14 upon such terms, with or without premium as is stated on the
15 face thereof, may be executed in such manner and may contain
16 such terms and covenants, all as may be provided in said
17 ordinance. In case any officer whose signature appears on
18 any bond ceases (after attaching his signature) to hold
19 office,; his signature shall nevertheless be valid and
20 effective for all purposes. The holder or holders of any
21 bonds, or interest coupons appertaining thereto issued by the
22 Authority may bring mandamus, injunction, or other civil
23 actions or and proceedings to compel the performance and
24 observance by the Authority or any of its officers, agents or
25 employees of or any contract or covenant made by the
26 Authority with the holders of such bonds or interest coupons,
27 and to compel the Authority and any of its officers, agents
28 or employees to perform any duties required to be performed
29 for the benefit of the holders of any such bonds or interest
30 coupons by the provisions of the ordinance authorizing their
31 issuance, and to enjoin the Authority and any of its
32 officers, agents or employees from taking any action in
33 conflict with any action in conflict with any such contract
34 or covenant.
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1 Notwithstanding the form and tenor of any such bonds and
2 in the absence of any express recital on the face thereof
3 that it is nonnegotiable, all such bonds shall be negotiable
4 instruments under the Uniform Commercial Code of the State of
5 Illinois.
6 The bonds shall be sold by the corporate authorities of
7 the Authority in such manner as said corporate authorities
8 shall determine, except that if issued to bear interest at
9 the maximum rate authorized by the Bond Authorization Act, as
10 amended at the time of the making of the contract, the bonds
11 shall be sold for not less than par and accrued interest and
12 except that the selling price of bonds bearing interest at a
13 rate of less than the maximum rate authorized by the Bond
14 Authorization Act, as amended at the time of the making of
15 the contract, shall be such that the interest cost to the
16 Authority of the money received from the sale of bonds shall
17 not exceed the maximum rate authorized by the Bond
18 Authorization Act, as amended at the time of the making of
19 the contract, computed to absolute maturity of said bonds or
20 certificates according to standard tables of bond values.
21 From and after the issuance of any bonds as herein
22 provided it shall be the duty of the corporate authorities of
23 the Authority to fix and establish rates, charges, rents, and
24 fees for the use of facilities acquired, constructed,
25 reconstructed, extended or improved with the proceeds of the
26 sale of said bonds sufficient at all times, with other
27 revenues of the Authority to pay:
28 (a) the cost of maintaining, repairing, regulating and
29 operating the said facilities; and
30 (b) the bonds and interest thereon as they shall become
31 due, and all sinking fund requirements and other requirements
32 provided by the ordinance authorizing the issuance of the
33 bonds or as provided by any trust agreement executed to
34 secure payment thereof.
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1 To secure the payment of any or all of such bonds and for
2 the purpose of setting forth the covenants and undertakings
3 of the Authority in connection with the issuance thereof and
4 the issuance of any additional bonds payable from such
5 revenue income to be derived from the fairs, recreational,
6 theatrical, cultural, expositions, sport activities,
7 exhibitions, office rentals, and air space leases and
8 rentals, and other revenue, if any, the Authority may execute
9 and deliver a trust agreement or agreements; provided that no
10 lien upon any physical property of the Authority shall be
11 created thereby.
12 A remedy for any breach or default of the terms of any
13 such trust agreement by the Authority may be by mandamus,
14 injunction, or other civil actions or and proceedings in any
15 court of competent jurisdiction to compel performance and
16 compliance therewith, but the trust agreement may prescribe
17 by whom or on whose behalf such action may be instituted.
18 Before any such bonds (excepting refunding bonds) are
19 sold the entire authorized issue, or any part thereof, shall
20 be offered for sale as a unit after advertising for bids at
21 least 3 times in a daily newspaper of general circulation
22 published in the metropolitan area, the last publication to
23 be at least 10 days before bids are required to be filed.
24 Copies of such advertisement may be published in any
25 newspaper or financial publication in the United States. All
26 bids shall be sealed, filed and opened as provided by
27 ordinance and the bonds shall be awarded to the highest and
28 best bidder or bidders therefor. The Authority shall have the
29 right to reject all bids and readvertise for bids in the
30 manner provided for in the initial advertisement. However, if
31 no bids are received such bonds may be sold at not less than
32 par value, without further advertising, within 60 days after
33 the bids are required to be filed pursuant to any
34 advertisement.
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1 With respect to instruments for the payment of money
2 issued under this Section either before, on, or after the
3 effective date of this amendatory Act of 1989, it is and
4 always has been the intention of the General Assembly (i)
5 that the Omnibus Bond Acts are and always have been
6 supplementary grants of power to issue instruments in
7 accordance with the Omnibus Bond Acts, regardless of any
8 provision of this Article Act that may appear to be or to
9 have been more restrictive than those Acts, (ii) that the
10 provisions of this Section are not a limitation on the
11 supplementary authority granted by the Omnibus Bond Acts, and
12 (iii) that instruments issued under this Section within the
13 supplementary authority granted by the Omnibus Bond Acts are
14 not invalid because of any provision of this Article Act that
15 may appear to be or to have been more restrictive than those
16 Acts.
17 (Source: P.A. 86-4.)
18 (70 ILCS 220/6-11)
19 Section 125-22. Bonds; nature of indebtedness. Sec.
20 6-11. Under no circumstances shall any bonds issued by the
21 Authority under Section 125-20 6-10 be or become an
22 indebtedness or obligation of the State of Illinois or of any
23 other political subdivision of or municipality within the
24 State, nor shall any such bond or obligation be or become an
25 indebtedness of the Authority within the purview of any
26 constitutional limitation or provision, and it shall be
27 plainly stated on the face of each bond that it does not
28 constitute such an indebtedness or obligation but is payable
29 solely from the revenues or income as aforesaid.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/6-13)
32 Section 125-25. Bonds other than revenue bonds; election.
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1 Sec. 6-13. No bonds, other than revenue bonds issued pursuant
2 to Section 125-20 10, shall be issued by the Authority until
3 the proposition to issue the same has been submitted to and
4 approved by a majority of the voters of said metropolitan
5 area voting upon the proposition at a general election in
6 accordance with the general election law. The Authority may
7 by resolution order such proposition submitted at a regular
8 election in accordance with the general election law,
9 whereupon the recording officer shall certify the resolution
10 and the proposition to the proper election officials for
11 submission. Any proposition to issue bonds as herein set
12 forth shall be in substantially the following form:
13 -------------------------------------------------------------
14 Shall bonds of the "Jo Daviess
15 County Civic Center Authority" YES
16 to the amount of.... Dollars -------------------------
17 ($ ) be issued for the purpose NO
18 of....?
19 -------------------------------------------------------------
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/6-14) (from Ch. 85, par. 5014)
22 Section 125-30. Tax. Sec. 6-14. If a majority of the
23 voters of said metropolitan area approve the issuance of
24 bonds as provided in Section 125-25 6-13 of this Article, the
25 Authority shall have power to levy and collect annually a sum
26 sufficient to pay for the annual principal and interest
27 charges on such bonds.
28 Such taxes proposed by the Authority to be levied upon
29 the taxable property within the metropolitan area shall be
30 levied by ordinance. After the ordinance has been adopted it
31 shall, within 10 days after its passage, be published once in
32 a newspaper published and having a general circulation within
33 the metropolitan area. A certified copy of such levy
-185- LRB9000879DJcd
1 ordinance shall be filed with the County Clerk no later than
2 the 3rd Tuesday in September in each year. Thereupon the
3 County Clerk shall extend such tax; provided the aggregate
4 amount of taxes levied for any one year shall not exceed the
5 rate of .0005% of the full fair cash value, as equalized or
6 assessed by the Department of Revenue.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/6-15, in part)
9 Section 125-35. Board created. Sec. 6-15. The governing
10 and administrative body of the Authority shall be a board
11 consisting of 9 members and shall be known as the Jo Daviess
12 County Civic Center Board. The members of the board shall be
13 individuals of generally recognized ability and integrity.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/6-16, in part)
16 Section 125-40. Board members appointed. Sec. 6-16.
17 Within 60 days after September 3, 1985 (the effective date of
18 Article 6 of Public Act 84-245), this Article becomes
19 effective the Jo Daviess County Board shall appoint 9 members
20 of the Jo Daviess County Civic Center Board Authority, 3
21 members to be appointed for terms of 1 year, 3 members to be
22 appointed for terms of 2 years, and 3 members to be appointed
23 for terms of 3 years, such terms commencing on the date each
24 is appointed. At the expiration of the term of any member,
25 his successor shall be appointed by the Jo Daviess County
26 Board in like manner. All successors shall hold office for a
27 term of 3 years from the date of appointment, except in case
28 of an appointment to fill a vacancy.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/6-28)
31 Section 125-45. Report and financial statement. Sec.
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1 6-28. As soon after the end of each fiscal year as may be
2 expedient, the Board shall cause to be prepared and printed a
3 complete and detailed report and financial statement of its
4 operations and of its assets and liabilities. A reasonably
5 sufficient number of copies of such report shall be printed
6 for distribution to persons interested, upon request and a
7 copy thereof shall be filed with the County Clerk and the
8 County Board of Jo Daviess County.
9 (Source: P.A. 84-245.)
10 Section 125-50. Standard civic center provisions
11 incorporated by reference. The following Sections of this
12 Code are incorporated by reference into this Article:
13 Section 2-5. Definitions.
14 Section 2-10. Lawsuits; common seal.
15 Section 2-16. Duties; auditorium and other buildings;
16 lease of space.
17 Section 2-25. Incurring obligations.
18 Section 2-35. Acquisition of property from person,
19 State, or local agency.
20 Section 2-40. Federal money.
21 Section 2-45. Insurance.
22 Section 2-60. Investment in bonds.
23 Section 2-76. Board members; financial matters;
24 compensation for secretary or treasurer; conflict of
25 interest.
26 Section 2-80. Board members' oath.
27 Section 2-83. Removal of Board member from office.
28 Section 2-85. Board members; vacancy in office.
29 Section 2-90. Organization of the Board.
30 Section 2-95. Meetings; action by 5 Board members.
31 Section 2-101. Secretary; treasurer; funds deposited in
32 bank or savings and loan association.
33 Section 2-106. Funds; compliance with Public Funds
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1 Investment Act.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties.
6 Section 2-127. Contracts; award to other than highest or
7 lowest bidder by four-fifths vote.
8 Section 2-130. Bids and advertisements.
9 Section 2-140. State financial support.
10 Section 2-145. Anti-trust laws.
11 Section 2-150. Tax exemption.
12 ARTICLE 130.
13 KATHERINE DUNHAM METROPOLITAN
14 EXPOSITION AND AUDITORIUM AUTHORITY
15 (70 ILCS 220/9-2)
16 Section 130-1. Short title. Sec. 9-2. This Article shall
17 be known and may be cited as the Katherine Dunham
18 Metropolitan Exposition and Auditorium Authority Law of 1997
19 Act.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/9-3, in part)
22 Section 130-5. Definitions. Sec. 9-3. When used in this
23 Article:
24 "Authority" means the Katherine Dunham Metropolitan
25 Exposition, Auditorium and Office Building Authority.
26 "Board" means the governing and administrative body of
27 the Katherine Dunham Metropolitan Exposition, Auditorium and
28 Office Building Authority.
29 "Metropolitan area" means all that territory in the State
30 of Illinois lying within the corporate boundaries of the City
31 of East St. Louis.
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1 (Source: P.A. 84-245.)
2 (70 ILCS 220/9-4, in part)
3 Section 130-10. Authority created; principal office. Sec.
4 9-4. There is hereby created a political subdivision, body
5 politic and municipal corporation by the name and style of
6 Katherine Dunham Metropolitan Exposition, Auditorium and
7 Office Building Authority in the metropolitan area.
8 The principal office of the Authority shall be in the
9 City of East St. Louis.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/9-14, in part)
12 Section 130-15. Board created. Sec. 9-14. The governing
13 and administrative body of the Authority shall be a board
14 consisting of 7 members and shall be known as the Katherine
15 Dunham Metropolitan Exposition Auditorium and Office Building
16 Board. The members of the board shall be individuals of
17 generally recognized ability and integrity.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/9-15, in part)
20 Section 130-20. Board members appointed. Sec. 9-15.
21 Within 60 days after September 3, 1985 (the effective date of
22 Article 9 of Public Act 84-245), this Act becomes effective
23 the Mayor of East St. Louis with the advice and consent of
24 the East St. Louis City Council shall appoint 7 members of
25 the Board, 2 members to be appointed for a term of one year,
26 2 members to be appointed for terms of 2 years, and 3 members
27 to be appointed for terms of 3 years, such terms commencing
28 on the date each is appointed. One of the members appointed
29 may be a representative from the East St. Louis City Council.
30 At the expiration of the term of any member, his successor
31 shall be appointed by the Mayor of East St. Louis in a like
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1 manner. All successors shall hold office for a term of 3
2 years from the date of appointment, except in case of an
3 appointment to fill a vacancy.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/9-25, in part)
6 Section 130-25. Bidders; civil action to compel
7 compliance. Sec. 9-25. Any bidder who has submitted a bid in
8 compliance with the requirements for bidding under this
9 Article may bring a civil action in the circuit court in St.
10 Clair County to compel compliance with the provisions of this
11 Act relating to the awarding of contracts by the Board.
12 (Source: P.A. 84-245.)
13 Section 130-30. Standard civic center provisions
14 incorporated by reference. The following Sections of this
15 Code are incorporated by reference into this Article:
16 Section 2-3. Purpose.
17 Section 2-5. Definitions.
18 Section 2-10. Lawsuits; common seal.
19 Section 2-16. Duties; auditorium and other buildings;
20 lease of space.
21 Section 2-20. Rights and powers, including eminent
22 domain.
23 Section 2-25. Incurring obligations.
24 Section 2-35. Acquisition of property from person,
25 State, or local agency.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-50. Borrowing; revenue bonds; suits to compel
29 performance.
30 Section 2-55. Bonds; nature of indebtedness.
31 Section 2-60. Investment in bonds.
32 Section 2-75. Board members; financial matters; conflict
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1 of interest.
2 Section 2-80. Board members' oath.
3 Section 2-83. Removal of Board member from office.
4 Section 2-85. Board members; vacancy in office.
5 Section 2-90. Organization of the Board.
6 Section 2-96. Meetings; action by 4 Board members.
7 Section 2-100. Secretary; treasurer.
8 Section 2-105. Funds.
9 Section 2-110. Signatures on checks or drafts.
10 Section 2-115. General manager; other appointments.
11 Section 2-122. Rules and regulations; penalties.
12 Section 2-125. Contracts; award to other than highest or
13 lowest bidder by vote of 5 Board members.
14 Section 2-130. Bids and advertisements.
15 Section 2-135. Report and financial statement.
16 Section 2-140. State financial support.
17 Section 2-145. Anti-trust laws.
18 Section 2-150. Tax exemption.
19 ARTICLE 135.
20 LAKE COUNTY METROPOLITAN
21 EXPOSITION AND AUDITORIUM AUTHORITY
22 (70 ILCS 290/2)
23 Section 135-1. Short title. Sec. 2. This Article Act
24 shall be known and may be cited as the Lake County and Will
25 County Metropolitan Exposition and Auditorium Authority Law
26 of 1997 Act.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 290/3, in part)
29 Section 135-5. Definitions. Sec. 3. When used in this
30 Article Act:
31 "Authority" means the Lake County Metropolitan Exposition
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1 and Auditorium Authority or the Will County Metropolitan
2 Exposition and Auditorium Authority, as the case may be.
3 "Board" means the governing and administrative body of
4 the Lake County Metropolitan Exposition and Auditorium
5 Authority or the governing and administrative body of the
6 Will County Metropolitan Exposition and Auditorium Authority,
7 as the case may be.
8 "Governor" means the Governor of the State of Illinois.
9 "Metropolitan area" means all that territory in the State
10 of Illinois lying within the corporate boundaries of the
11 County of Lake, except that area within the City of Waukegan,
12 or of the County of Will, as the case may be.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 290/4, in part)
15 Section 135-10. Authority created; principal office. Sec.
16 4. There is hereby created a unit 2 units of local government
17 known as the Lake County Metropolitan Exposition and
18 Auditorium Authority and the Will County Metropolitan
19 Exposition and Auditorium Authority in the their respective
20 metropolitan area areas.
21 The principal office of the Authority shall be in the
22 County of Lake or the County of Will, as the case may be.
23 (Source: P.A. 86-1441.)
24 (70 ILCS 290/5)
25 Section 135-15. Duties. Sec. 5. It shall be the duty of
26 the Authority to promote, operate and maintain expositions
27 and conventions from time to time in the metropolitan area
28 and in connection therewith to arrange, finance and maintain
29 industrial, cultural, educational, theatrical, sports, trade
30 and scientific exhibits and to construct, equip and maintain
31 auditoriums and exposition buildings for such purposes. The
32 Authority is granted all rights and powers necessary to
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1 perform such duties.
2 (Source: P.A. 80-909.)
3 (70 ILCS 290/6)
4 Section 135-20. Rights and powers. Sec. 6. The Authority
5 shall have the following rights and powers:
6 (a) To purchase, own, construct, lease as lessee or in
7 any other way acquire, improve, extend, repair, reconstruct,
8 regulate, operate, equip and maintain fair and expositions
9 grounds, convention or exhibition centers, civic auditoriums,
10 including sites and parking areas and facilities therefor
11 located within the metropolitan area and office buildings, if
12 such buildings are acquired as part of the main auditorium
13 complex;
14 (b) To plan for such grounds, centers and auditoriums
15 and to plan, sponsor, hold, arrange and finance fairs,
16 industrial, cultural, educational, theatrical, sports, trade
17 and scientific exhibits, shows and events and to use or allow
18 the use of such grounds, centers and auditoriums for the
19 holding of fairs, exhibits, shows and events whether
20 conducted by the Authority or some other person or
21 governmental agency;
22 (c) To exercise the right of eminent domain to acquire
23 sites for such grounds, centers and auditoriums, and parking
24 areas and facilities in the manner provided for the exercise
25 of the right of eminent domain under Article VII of the Code
26 of Civil Procedure, as amended;
27 (d) To fix and collect just, reasonable and
28 nondiscriminatory charges for the use of such parking areas
29 and facilities, grounds, centers and auditoriums and
30 admission charges to fairs, shows, exhibits and events
31 sponsored or held by the Authority. The charges collected
32 may be made available to defray the reasonable expenses of
33 the Authority and to pay the principal of and the interest on
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1 any bonds issued by the Authority;
2 (e) To enter into contracts treating any manner with the
3 objects and purposes of this Article Act.
4 (Source: P.A. 82-783.)
5 (70 ILCS 290/9)
6 Section 135-25. Federal money. Sec. 9. The Authority
7 shall have the power to apply for and accept grants, loans or
8 appropriations from the federal government or any agency or
9 instrumentality thereof to be used for any of the purposes of
10 the Authority and to enter into any agreement with the
11 federal government in relation to such grants, loans or
12 appropriations.
13 (Source: P.A. 80-909.)
14 (70 ILCS 290/11)
15 Section 135-30. Borrowing; revenue bonds. Sec. 11. The
16 Authority shall have the continuing power to borrow money for
17 the purpose of carrying out and performing its duties and
18 exercising its rights and powers under this Article Act.
19 For the purpose of evidencing the obligation of the
20 Authority to repay any money borrowed as aforesaid, the
21 Authority may, pursuant to an ordinance adopted by the Board,
22 from time to time issue and dispose of its interest bearing
23 revenue bonds, and may also from time to time issue and
24 dispose of its interest bearing revenue bonds to refund any
25 of its interest bearing revenue bonds or its general
26 obligation bonds at maturity or pursuant to redemption
27 provisions or at any time before maturity with the consent of
28 the holders thereof. All such interest bearing revenue bonds
29 of the Authority shall be payable solely from such of the
30 revenues or income to be derived from the fairs, exhibits,
31 shows and events and other authorized activities operated by
32 it, the charges made for the use of its facilities and the
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1 funds, if any, received and to be received by the Authority
2 from any other source as are pledged by the ordinance
3 authorizing the bonds. Such bonds may bear such date or
4 dates, may mature at such time or times not exceeding forty
5 years from their respective dates, may bear interest at such
6 rate or rates, not exceeding the greater of (i) the maximum
7 rate authorized by the Bond Authorization Act, as amended at
8 the time of the making of the contract, or (ii) 8% per annum
9 payable semi-annually, may be in such form, may carry such
10 registration privileges, may be payable at such place or
11 places, may be made subject to redemption in such manner and
12 upon such terms, with or without premium as is stated on the
13 face thereof, may be executed in such manner and may contain
14 such terms and covenants, all as may be provided in said
15 ordinance. In case any officer whose signature appears on
16 any bond ceases (after attaching his signature) to hold
17 office, his signature shall nevertheless be valid and
18 effective for all purposes. The holder or holders of any
19 bonds, or interest coupons appertaining thereto issued by the
20 Authority may bring suits at law or proceedings in equity to
21 compel the performance and observance by the Authority or any
22 of its officers, agents or employees of any contract or
23 covenant made by the Authority with the holders of such bonds
24 or interest coupons, and to compel the Authority and any of
25 its officers, agents or employees to perform any duties
26 required to be performed for the benefit of the holders of
27 any such bonds or interest coupons by the provisions of the
28 ordinance authorizing their issuance, and to enjoin the
29 Authority and any of its officers, agents or employees from
30 taking any action in conflict with any such contract or
31 covenant.
32 Notwithstanding the form and tenor of any such bonds and
33 in the absence of any express recital on the face thereof
34 that it is non-negotiable, all such bonds shall be negotiable
-195- LRB9000879DJcd
1 instruments under the law of the State of Illinois.
2 The bonds shall be sold by the corporate authorities of
3 the Authority in such manner as said corporate authorities
4 shall determine, except that if issued to bear interest at
5 the greater of (i) the maximum rate authorized by the Bond
6 Authorization Act, as amended at the time of the making of
7 the contract, or (ii) the rate of 8% per annum, the bonds
8 shall be sold for not less than par and accrued interest and
9 except that the selling price of bonds bearing interest at a
10 rate of less than the greater of (i) the maximum rate
11 authorized by the Bond Authorization Act, as amended at the
12 time of the making of the contract, or (ii) 8% per annum
13 shall be such that the interest cost to the Authority of the
14 money received from the sale of the bonds shall not exceed
15 the greater of (i) the maximum rate authorized by the Bond
16 Authorization Act, as amended at the time of the making of
17 the contract, or (ii) 8% annually computed to absolute
18 maturity of said bonds according to standard tables of bond
19 values.
20 From and after the issuance of any bonds as herein
21 provided it shall be the duty of the corporate authorities of
22 the Authority to fix and establish rates, charges, rents and
23 fees for the use of facilities acquired, constructed,
24 reconstructed, extended or improved with the proceeds of the
25 sale of said bonds sufficient at all times, with other
26 revenues of the Authority so pledged to pay:
27 (a) the cost of maintaining, repairing, regulating and
28 operating the said facilities; and
29 (b) the bonds and interest thereon as they shall become
30 due, and all sinking fund requirements and other requirements
31 provided by the ordinance authorizing the issuance of the
32 bonds or as provided by any trust agreement executed to
33 secure payment thereof.
34 To secure the payment of any or all of such bonds and for
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1 the purpose of setting forth the covenants and undertaking of
2 the Authority in connection with the issuance thereof and the
3 issuance of any additional bonds payable from such revenue
4 income to be derived from the fairs, exhibits, shows and
5 events and from charges made for the use of its facilities or
6 for admissions to its events, or from other revenue, if any,
7 the Authority may execute and deliver a trust agreement or
8 agreements; provided that no lien upon any physical property
9 of the Authority shall be created thereby.
10 A remedy for any breach or default of the terms of any
11 such trust agreement by the Authority may be had by mandamus
12 proceedings in any Court of competent jurisdiction to compel
13 performance and compliance therewith, but the trust agreement
14 may prescribe by whom or on whose behalf such action may be
15 instituted.
16 Before any such revenue bonds (excepting refunding bonds)
17 are sold the entire authorized issue, or any part thereof,
18 shall be offered for sale as a unit after advertising for
19 bids at least 3 times in a daily newspaper of general
20 circulation published in the metropolitan area, the last
21 publication to be at least 10 days before bids are required
22 to be filed. Copies of such advertisement may be published
23 in any newspaper or financial publication in the United
24 States. All bids shall be sealed, filed and opened as
25 provided by ordinance and the bonds shall be awarded to the
26 highest and best bidder or bidders therefor. The Authority
27 shall have the right to reject all bids and readvertise for
28 bids in the manner provided for in the initial advertisement.
29 However, if no bids are received such bonds may be sold at
30 not less than par value, without further advertising, within
31 60 days after the bids are required to be filed pursuant to
32 any advertisement.
33 With respect to instruments for the payment of money
34 issued under this Section either before, on, or after the
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1 effective date of Public Act 86-4 this amendatory Act of
2 1989, it is and always has been the intention of the General
3 Assembly (i) that the Omnibus Bond Acts are and always have
4 been supplementary grants of power to issue instruments in
5 accordance with the Omnibus Bond Acts, regardless of any
6 provision of this Article Act that may appear to be or to
7 have been more restrictive than those Acts, (ii) that the
8 provisions of this Section are not a limitation on the
9 supplementary authority granted by the Omnibus Bond Acts, and
10 (iii) that instruments issued under this Section within the
11 supplementary authority granted by the Omnibus Bond Acts are
12 not invalid because of any provision of this Article Act that
13 may appear to be or to have been more restrictive than those
14 Acts.
15 (Source: P.A. 86-4.)
16 (70 ILCS 290/12)
17 Section 135-35. Bonds; nature of indebtedness. Sec. 12.
18 Under no circumstances shall any bonds issued by the
19 Authority under Section 135-30 11 of this Act be or become an
20 indebtedness or obligation of the State of Illinois or of any
21 other political subdivision of or municipality within the
22 State, nor shall any such bond be or become an indebtedness
23 of the Authority within the purview of any constitutional
24 limitation or provision, and it shall be plainly stated on
25 the face of each such bond that it does not constitute such
26 an indebtedness or obligation but is payable solely from the
27 revenues or income as aforesaid.
28 (Source: P.A. 80-909.)
29 (70 ILCS 290/14)
30 Section 135-40. General obligation bonds. Sec. 14. The
31 Authority may borrow money for the purpose of carrying out
32 its duties and exercising its powers under this Article Act,
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1 and issue its general obligation bonds as evidence of the
2 indebtedness incurred. In addition to other purposes, such
3 bonds may be issued for the purpose of refunding outstanding
4 general obligation or revenue bonds of the Authority. Such
5 general obligation bonds shall be in the form, shall mature
6 at the time (no later than 40 years from the date of
7 issuance), shall bear interest at the rates (not to exceed
8 the greater of (i) the maximum rate authorized by the Bond
9 Authorization Act, as amended at the time of the making of
10 the contract, or (ii) 8% per annum), shall be executed by the
11 officers and shall be sold in the manner as the Board shall
12 determine; except that if issued to bear interest at the
13 greater of (i) the maximum rate authorized by the Bond
14 Authorization Act, as amended at the time of the making of
15 the contract, or (ii) the rate of 8% per annum, the bonds
16 shall be sold for not less than par and accrued interest, and
17 that the selling prices of bonds bearing interest at a rate
18 of less than the greater of (i) the maximum rate authorized
19 by the Bond Authorization Act, as amended at the time of the
20 making of the contract, or (ii) 8% per annum shall be such
21 that the interest cost to the Authority of the money received
22 from the sale of the bonds shall not exceed the greater of
23 (i) the maximum rate authorized by the Bond Authorization
24 Act, as amended at the time of the making of the contract, or
25 (ii) 8% annually computed to absolute maturity of the bonds
26 in accordance with standard tables of bond values. In case
27 any officer whose signature appears on any bond ceases, after
28 affixing his signature, to hold office, his signature shall
29 nevertheless be valid and effective for all purposes.
30 With respect to instruments for the payment of money
31 issued under this Section either before, on, or after the
32 effective date of Public Act 86-4 this amendatory Act of
33 1989, it is and always has been the intention of the General
34 Assembly (i) that the Omnibus Bond Acts are and always have
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1 been supplementary grants of power to issue instruments in
2 accordance with the Omnibus Bond Acts, regardless of any
3 provision of this Article Act that may appear to be or to
4 have been more restrictive than those Acts, (ii) that the
5 provisions of this Section are not a limitation on the
6 supplementary authority granted by the Omnibus Bond Acts, and
7 (iii) that instruments issued under this Section within the
8 supplementary authority granted by the Omnibus Bond Acts are
9 not invalid because of any provision of this Article Act that
10 may appear to be or to have been more restrictive than those
11 Acts.
12 (Source: P.A. 86-4.)
13 (70 ILCS 290/15)
14 Section 135-45. G.O. bonds; election. Sec. 15. General
15 obligation bonds of the Authority, shall not be issued until
16 the proposition to issue the same has been submitted to and
17 approved by a majority of the voters of the metropolitan area
18 voting upon the proposition at an election in accordance with
19 the general election law. Any such proposition shall be in
20 substantially the following form:
21 -------------------------------------------------------------
22 Shall bonds of the "Lake County
23 (or Will County, as the case may be) YES
24 Metropolitan Exposition and Auditorium Authority" -------
25 in the amount of ....... Dollars ($ ) be issued NO
26 for the purpose of ?
27 -------------------------------------------------------------
28 (Source: P.A. 86-1414.)
29 (70 ILCS 290/16)
30 Section 135-50. Conduct of election; canvass of returns.
31 Sec. 16. Any referendum required under Sections 135-40 and
32 135-45 14 or 15 of this Act shall be certified by the Board
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1 to the proper election officials, who shall conduct the
2 referendum in accordance with the general election law. The
3 returns shall be filed with the secretary of the Board and
4 shall be canvassed and the results ascertained by the Board
5 and entered upon the records of the Authority.
6 (Source: P.A. 81-1489.)
7 (70 ILCS 290/17, in part)
8 Section 135-55. Board created. Sec. 17. The governing and
9 administrative body of the Authority shall be a board
10 consisting of 7 members and shall be known as the Lake County
11 Metropolitan Exposition and Auditorium Authority Board or the
12 Will County Exposition and Auditorium Authority Board, as the
13 case may be.
14 (Source: P.A. 86-1414.)
15 (70 ILCS 290/18, in part)
16 Section 135-60. Board members appointed. Sec. 18. Within
17 60 days after September 22, 1977 (the effective date of
18 Public Act 80-909) of the effective date of this Act, the
19 Governor, with the advice and consent of the Senate, shall
20 appoint 3 members to the each Board, one to serve an initial
21 term expiring December 1, 1979, and 2 to serve initial terms
22 expiring December 1, 1981; and the Mayor of Waukegan, or
23 Joliet, as the case may be, with the advice and consent of
24 the respective city council, shall appoint 4 members to the
25 Board, 3 to serve initial terms expiring December 1, 1979,
26 and one to serve an initial term expiring December 1, 1981.
27 Thereafter all terms shall be for 5 years. Vacancies shall
28 be filled in the same manner as the original appointment,
29 except as otherwise provided in this Section. When a term
30 expires, the same appointing authority shall make the
31 appointment for the next term. Members shall serve until
32 their successors are appointed and qualified. When the
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1 appointments are final, the Governor, the Mayor, or the
2 chairman of the county board, as the case may be, shall
3 certify the appointees to the Secretary of State.
4 On September 11, 1990 (the effective date of Article 4 of
5 Public Act 86-1414) Upon the effective date of this
6 amendatory Act of 1990, the terms of all members of the Lake
7 County Metropolitan Exposition and Auditorium Authority Board
8 that were appointed by the Mayor of Waukegan shall end, and
9 the vacancies of those members shall thereafter be filled by
10 appointment by the chairman of the county board of Lake
11 County, with the advice and consent of the county board of
12 Lake County. Upon and after September 11, 1990 the effective
13 date of this amendatory Act of 1990, all members, by whomever
14 appointed, of the Lake County Metropolitan Exposition and
15 Auditorium Authority Board shall be residents of Lake County
16 outside the City of Waukegan.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 290/19)
19 Section 135-65. Organization of Board. Sec. 19. As soon
20 as practicably possible after the appointment of the initial
21 members and, thereafter, within 15 days of each election of
22 members, the Board shall organize for the transaction of
23 business, select a chairman, vice-chairman, and a temporary
24 secretary from its own number, and adopt by-laws and
25 regulations to govern its proceedings. The initial chairman
26 and his successors shall be elected by the Board from time to
27 time for the term of his office as a member of the Board.
28 (Source: P.A. 80-909.)
29 (70 ILCS 290/20)
30 Section 135-70. Meetings; approval of ordinances and
31 resolutions by chairman; public records. Sec. 20. Regular
32 meetings of the Board shall be held at least once in each
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1 calendar month, the time and place of such meetings to be
2 fixed by the Board. Five members of the Board shall
3 constitute a quorum for the transaction of business. All
4 action of the Board shall be by ordinance or resolution and
5 the affirmative vote of at least 4 members shall be necessary
6 for the adoption of any ordinance or resolution.
7 All such ordinances and resolutions before taking effect
8 shall be approved by the chairman of the Board, and if he
9 shall approve thereof he shall sign the same, and such as he
10 shall not approve he shall return to the Board with his
11 objections thereto in writing at the next regular meeting of
12 the Board occurring after the passage thereof. But in case
13 the chairman shall fail to return any ordinance or resolution
14 with his objections thereto by the time aforesaid, he shall
15 be deemed to have approved the same and it shall take effect
16 accordingly. Upon the return of any ordinance or resolution
17 by the chairman with his objections, the vote by which the
18 same was passed shall be reconsidered by the Board, and if
19 upon such reconsideration said ordinance or resolution is
20 passed by the affirmative vote of at least 4 members, it
21 shall go into effect notwithstanding the veto of the
22 chairman.
23 All ordinances, resolutions and all proceedings of the
24 Authority and all documents and records in its possession
25 shall be public records, and open to public inspection,
26 except such documents and records as shall be kept or
27 prepared by the Board for use in negotiations, actions action
28 or proceedings to which the Authority is a party.
29 (Source: P.A. 82-349.)
30 (70 ILCS 290/22)
31 Section 135-75. Funds; compliance with Public Funds
32 Investment Act. Sec. 22. All funds deposited by the treasurer
33 in any bank or savings and loan association shall be placed
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1 in the name of the Authority and shall be withdrawn or paid
2 out only by check or draft upon the bank or savings and loan
3 association, signed by the chairman, vice-chairman, secretary
4 or treasurer and countersigned by one of the same officers,
5 but no one officer shall both sign and countersign a check or
6 draft. The Board may designate any of its members or any
7 officer or employee of the Authority to affix the signature
8 of the chairman and another to affix the signature of the
9 treasurer to any check or draft for payment of salaries or
10 wages and for payment of any other obligation of not more
11 than $2,500.
12 No bank or savings and loan association shall receive
13 public funds as permitted by this Section, unless it has
14 complied with the requirements established pursuant to
15 Section 6 of the Public Funds Investment Act "An Act relating
16 to certain investments of public funds by public agencies",
17 approved July 23, 1943, as now or hereafter amended.
18 (Source: P.A. 83-541.)
19 (70 ILCS 290/26)
20 Section 135-80. Contracts; bidding. Sec. 26. All
21 contracts for the sale of property of the value of more than
22 $2500 or for any concession in or lease of property of the
23 Authority for a term of more than one year shall be awarded
24 to the highest responsible bidder, after advertising for
25 bids. All construction contracts and contracts for supplies,
26 materials, equipment and services, when the expense thereof
27 will exceed $2500, shall be let to the lowest responsible
28 bidder, after advertising for bids excepting (1) when repair
29 parts, accessories, equipment or services are required for
30 equipment or services previously furnished or contracted for;
31 (2) when the nature of the services required is such that
32 competitive bidding is not in the best interest of the
33 public, including, without limiting the generality of the
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1 foregoing, the services of accountants, architects,
2 attorneys, engineers, physicians, superintendents of
3 construction, and others possessing a high degree of skill;
4 and (3) when services such as water, light, heat, power,
5 telephone or telegraph are required.
6 All contracts involving less than $2500 shall be let by
7 competitive bidding whenever possible, and in any event in a
8 manner calculated to ensure insure the best interests of the
9 public.
10 Competitive bidding is not required for the lease of real
11 estate or buildings owned or controlled by the Authority on
12 July 13, 1982 (the effective date of Public Act 82-786) the
13 effective date of this Amendatory Act. The Board is empowered
14 to offer such leases upon such terms as it deems advisable.
15 In determining the responsibility of any bidder, the
16 Board may take into account the past record of dealings with
17 the bidder, the bidder's experience, adequacy of equipment,
18 and ability to complete performance within the time set, and
19 other factors besides financial responsibility, but in no
20 case shall any such contracts be awarded to any other than
21 the highest bidder (in case of sale, concession or lease) or
22 the lowest bidder (in case of purchase or expenditure) unless
23 authorized or approved by a vote of at least three-fourths of
24 the members of the Board, and unless such action is
25 accompanied by a statement in writing setting forth the
26 reasons for not awarding the contract to the highest or
27 lowest bidder, as the case may be, which statement shall be
28 kept on file in the principal office of the Authority and
29 open to public inspection.
30 From the group of responsible bidders the lowest bidder
31 shall be selected in the following manner: to all bids for
32 sales the gross receipts of which are not taxable under the
33 "Retailers' Occupation Tax Act", approved June 28, 1933, as
34 amended, there shall be added an amount equal to the tax
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1 which would be payable under said Act, if applicable, and the
2 lowest in amount of said adjusted bids and bids for sales the
3 gross receipts of which are taxable under said Act shall be
4 considered the lowest bid; provided, that, if said lowest bid
5 relates to a sale not taxable under said Act, any contract
6 entered into thereon shall be in the amount of the original
7 bid not adjusted as aforesaid.
8 Contracts shall not be split into parts involving
9 expenditures of less than $2500 for the purposes of avoiding
10 the provisions of this Section, and all such split contracts
11 shall be void. If any collusion occurs among bidders or
12 prospective bidders in restraint of freedom of competition,
13 by agreement to bid a fixed amount or to refrain from bidding
14 or otherwise, the bids of such bidders shall be void. Each
15 bidder shall accompany his bid with a sworn statement that he
16 has not been a party to any such agreement.
17 Members of the Board, officers and employees of the
18 Authority, and their relatives within the fourth degree of
19 consanguinity by the terms of the civil law, are forbidden to
20 be interested directly or indirectly in any contract for
21 construction of maintenance work or for the delivery of
22 materials, supplies or equipment.
23 The Board shall have the right to reject all bids and to
24 readvertise for bids. If after any such advertisement no
25 responsible and satisfactory bid, within the terms of the
26 advertisement, shall be received, the Board may award such
27 contract, without competitive bidding, provided that it shall
28 not be less advantageous to the Authority than any valid bid
29 received pursuant to advertisement.
30 The Board shall adopt rules and regulations to carry into
31 effect the provisions of this Section.
32 (Source: P.A. 82-786.)
33 (70 ILCS 290/28)
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1 Section 135-85. Report and financial statement. Sec. 28.
2 As soon after the end of each fiscal year as may be
3 expedient, the Board shall cause to be prepared and printed a
4 complete and detailed report and financial statement of its
5 operations and of its assets and liabilities. A reasonably
6 sufficient number of copies of such report shall be printed
7 for distribution to persons interested, upon request.
8 (Source: P.A. 80-909.)
9 Section 135-90. Standard civic center provisions
10 incorporated by reference. The following Sections of this
11 Code are incorporated by reference into this Article:
12 Section 2-3. Purpose.
13 Section 2-5. Definitions.
14 Section 2-10. Lawsuits; common seal.
15 Section 2-25. Incurring obligations.
16 Section 2-30. Prompt payment.
17 Section 2-35. Acquisition of property from person,
18 State, or local agency.
19 Section 2-45. Insurance.
20 Section 2-60. Investment in bonds.
21 Section 2-76. Board members; financial matters;
22 compensation for secretary or treasurer; conflict of
23 interest.
24 Section 2-80. Board members' oath.
25 Section 2-101. Secretary; treasurer; funds deposited in
26 bank or savings and loan association.
27 Section 2-110. Signatures on checks or drafts.
28 Section 2-115. General manager; other appointments.
29 Section 2-120. Ordinances, rules, and regulations; fines
30 and penalties.
31 Section 2-130. Bids and advertisements.
32 Section 2-132. Bidders; civil action to compel
33 compliance.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 140.
5 LEYDEN TOWNSHIP
6 SPACE NEEDS AUTHORITY
7 (70 ILCS 300/1)
8 Section 140-1. Sec. 1. Short title. This Article Act may
9 be cited as the Leyden Township Space Needs Law of 1997.
10 (Source: P.A. 87-716.)
11 (70 ILCS 300/5)
12 Section 140-5. Sec. 5. Purpose. The purpose of this
13 Article Act is to provide a mechanism for the efficient
14 planning, construction and utilization of facilities in
15 Leyden Township.
16 (Source: P.A. 87-716.)
17 (70 ILCS 300/10, in part)
18 Section 140-10. Sec. 10. Definitions. In this Article
19 Act:
20 "Authority" means the Leyden Township Space Needs
21 Authority.
22 "Facilities" means offices, meeting rooms, space for
23 child care, food, senior citizen and health care services,
24 and parking lots and access roads.
25 "Board" means the governing and administrative body of
26 the Leyden Township Space Needs Authority.
27 "Metropolitan area" means all that territory in the State
28 of Illinois lying within the corporate boundaries of Leyden
29 Township in Cook County.
30 (Source: P.A. 87-716.)
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1 (70 ILCS 300/15, in part)
2 Section 140-15. Sec. 15. Creation of Authority.
3 (a) The Leyden Township Space Needs Authority is created
4 as a political subdivision, body politic, and municipal
5 corporation in the metropolitan area.
6 (b) The principal office of the Authority shall be in
7 Leyden Township.
8 (Source: P.A. 87-716.)
9 (70 ILCS 300/20)
10 Section 140-20. Sec. 20. Duties. The Authority shall plan
11 for, promote, operate, and maintain facilities from time to
12 time in the metropolitan area. In connection with its
13 duties, the Authority shall arrange, finance, and maintain
14 facilities for those purposes. Providing office space for
15 lease and rental is an integral function of the Authority.
16 The Authority is granted all rights and powers necessary to
17 perform its duties.
18 (Source: P.A. 87-716.)
19 (70 ILCS 300/25)
20 Section 140-25. Sec. 25. Powers. The Authority has the
21 following powers:
22 (a) To acquire, purchase, own, construct, lease as
23 lessee, or in any other way acquire, improve, extend, repair,
24 reconstruct, regulate, operate, equip, and maintain
25 facilities, including sites, parking areas, and commercial
26 facilities for those structures, located within the
27 metropolitan area.
28 (b) To plan for grounds and buildings; to plan, sponsor,
29 hold, arrange, and finance cultural, educational, trade, and
30 scientific exhibits, shows, and events; and to use or allow
31 the use of those grounds and buildings for the holding of
32 fairs, exhibits, shows, and events, whether conducted by the
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1 Authority or some other person or governmental agency.
2 (c) To fix and collect just, reasonable, and
3 nondiscriminatory (i) charges and rents for the use of its
4 parking areas and facilities, and (ii) admission charges to
5 fairs, shows, exhibits, and events sponsored or held by the
6 Authority. The charges collected may be made available to
7 defray the reasonable expenses of the Authority.
8 (d) To enter into contracts treating in any manner with
9 the objects and purposes of this Article Act.
10 (Source: P.A. 87-716.)
11 (70 ILCS 300/35)
12 Section 140-30. Sec. 35. Acquisition of property. The
13 Authority has the power (i) to acquire and accept by
14 purchase, lease, gift, or otherwise any property or rights
15 from any person or persons or from any governmental agency,
16 useful for its purposes, (ii) to apply for and accept grants,
17 matching grants, loans, or appropriations from any
18 governmental agency to be used for any of the purposes of the
19 Authority, and (iii) to enter into any agreement with a
20 governmental agency in relation to those grants, matching
21 grants, loans, or appropriations.
22 (Source: P.A. 87-716.)
23 (70 ILCS 300/50, in part)
24 Section 140-35. Sec. 50. Creation of the Board. The
25 governing and administrative body of the Authority shall be a
26 board consisting of 9 members and shall be known as the
27 Leyden Township Space Needs Authority Board. The members of
28 the Board shall be individuals of generally recognized
29 ability and integrity. The Supervisor of Leyden Township and
30 the members of the Leyden Township Board of Trustees may be
31 appointed members of the Board.
32 (Source: P.A. 87-716; 87-1181.)
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1 (70 ILCS 300/55, in part)
2 Section 140-40. Sec. 55. Members of the Board. Within
3 60 days after January 1, 1992 (the effective date of Public
4 Act 87-716) this Act becomes effective, the supervisor of
5 Leyden Township, with the advice and consent of the Leyden
6 Township board of trustees, shall appoint 3 members of the
7 Board for initial terms expiring December 31, 1992; 3 members
8 for initial terms expiring December 31, 1993; and 3 members
9 for initial terms expiring December 31, 1994. The successors
10 of the initial members shall be appointed in like manner for
11 3 year terms from the date of appointment, except in case of
12 an appointment to fill a vacancy for an unexpired term.
13 (Source: P.A. 87-716.)
14 (70 ILCS 300/60, in part)
15 Section 140-45. Removal of Board members. Sec. 60.
16 Vacancy in office. The supervisor of Leyden Township, with
17 the advice and consent of the Leyden Township board of
18 trustees, may remove any member of the Board in case of
19 incompetency, neglect of duty, or malfeasance in office,
20 after service on the member, by registered United States
21 mail, return receipt requested, of a copy of the written
22 charges against the member and after an opportunity to be
23 publicly heard in person or by counsel in his or her own
24 defense upon being notified not less than 10 days before the
25 hearing.
26 (Source: P.A. 87-716.)
27 (70 ILCS 300/100)
28 Section 140-50. Sec. 100. Contracts.
29 (a) All contracts for the sale of property of a value of
30 more than $2,500 or for a concession in or lease of property,
31 including air rights, of the Authority for a term of more
32 than one year shall be awarded to the highest responsible
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1 bidder after advertising for bids. All construction
2 contracts and contracts for supplies, materials, equipment,
3 and services, when the expense will exceed $2,500, shall be
4 let to the lowest responsible bidder after advertising for
5 bids, except (i) when repair parts, accessories, equipment,
6 or services are required for equipment or services previously
7 furnished or contracted for, (ii) when the nature of the
8 services required is such that competitive bidding is not in
9 the best interest of the public, including without limitation
10 the services of accountants, architects, attorneys,
11 engineers, physicians, superintendents of construction, and
12 others possessing a high degree of skill, and (iii) when
13 services such as water, light, heat, power, telephone, or
14 telegraph are required.
15 (b) All contracts involving less than $2,500 shall be
16 let by competitive bidding to the lowest responsible bidder
17 whenever possible and, in any event, in a manner calculated
18 to ensure insure the best interests of the public.
19 Competitive bidding is not required for the lease of real
20 estate or buildings owned or controlled by the Authority.
21 The Board is empowered to offer those leases upon terms it
22 deems advisable.
23 (c) In determining the responsibility of any bidder, the
24 Board may take into account the past records of dealings with
25 the bidder, the bidder's experience, adequacy of equipment,
26 and ability to complete performance within the time set, and
27 other factors besides financial responsibility, but in no
28 case shall any contracts be awarded to any other than the
29 highest bidder (in case of sale, concession, or lease) or the
30 lowest bidder (in case of purchase or expenditure) unless
31 authorized or approved by a vote of at least 5 members of the
32 Board and unless the action is accompanied by a statement in
33 writing setting forth the reasons for not awarding the
34 contract to the highest or lowest bidder, as the case may be,
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1 which statement shall be kept on file in the principal office
2 of the Authority and open to public inspection.
3 (d) Members of the Board, officers and employees of the
4 Authority, and their relatives within the third degree of
5 consanguinity by the terms of the civil law are forbidden to
6 be interested directly or indirectly in any contract for
7 construction or maintenance work or for the delivery of
8 materials, supplies, or equipment.
9 (e) The Board shall have the right to reject all bids
10 and to readvertise for bids. If no responsible and
11 satisfactory bid within the terms of the advertisement is
12 received, the Board may award the contract without
13 competitive bidding if the contract is not less advantageous
14 to the Authority than any valid bid received in response to
15 advertisement.
16 (f) The Board shall adopt rules and regulations to carry
17 into effect the provisions of this Section.
18 (Source: P.A. 87-716.)
19 Section 140-55. Standard civic center provisions
20 incorporated by reference. The following Sections of this
21 Code are incorporated by reference into this Article:
22 Section 2-5. Definitions.
23 Section 2-10. Lawsuits; common seal.
24 Section 2-25. Incurring obligations.
25 Section 2-30. Prompt payment.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-75. Board members; financial matters; conflict
29 of interest.
30 Section 2-80. Board members' oath.
31 Section 2-85. Board members; vacancy in office.
32 Section 2-90. Organization of the Board.
33 Section 2-95. Meetings; action by 5 Board members.
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1 Section 2-100. Secretary; treasurer.
2 Section 2-105. Funds.
3 Section 2-110. Signatures on checks or drafts.
4 Section 2-115. General manager; other appointments.
5 Section 2-122. Rules and regulations; penalties.
6 Section 2-130. Bids and advertisements.
7 Section 2-132. Bidders; civil action to compel
8 compliance.
9 Section 2-135. Report and financial statement.
10 Section 2-145. Anti-trust laws.
11 Section 2-150. Tax exemption.
12 ARTICLE 145.
13 MARENGO CIVIC CENTER
14 (70 ILCS 305/1-2)
15 Section 145-1. Short title. Sec. 1-2. This Article shall
16 be known and may be cited as the Marengo Civic Center Law of
17 1997.
18 (Source: P.A. 85-793.)
19 (70 ILCS 305/1-3, in part)
20 Section 145-5. Definitions. Sec. 1-3. When used in this
21 Article:
22 "Authority" means the Marengo Civic Center Authority.
23 "Board" means the governing and administrative body of
24 the Marengo Civic Center Authority.
25 "Metropolitan area" means all that territory in the State
26 of Illinois lying within the corporate boundaries of School
27 District No. 154 in the County of McHenry.
28 (Source: P.A. 85-793.)
29 (70 ILCS 305/1-4, in part)
30 Section 145-10. Authority created; principal office. Sec.
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1 1-4. There is hereby created a political subdivision, body
2 politic and municipal corporation by the name and style of
3 the Marengo Civic Center Authority in the metropolitan area.
4 The principal office of the Authority shall be in the
5 Marengo Park District.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/1-14, in part)
8 Section 145-15. Board created. Sec. 1-14. The governing
9 and administrative body of the Authority shall be a board
10 consisting of 9 members and shall be known as the Marengo
11 Civic Center Authority Board. The members of the Board shall
12 be individuals of generally recognized ability and integrity.
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/1-15, in part)
15 Section 145-20. Board members appointed. Sec. 1-15.
16 Within 60 days after January 1, 1988 (the effective date of
17 Article I of Public Act 85-793) this Article becomes
18 effective, the President of the Marengo Park District, with
19 the advice and consent of the Marengo Park Board, shall
20 appoint 3 members of the Board for initial terms expiring
21 June 1, 1988; 3 members for initial terms expiring June 1,
22 1989; and 3 members for initial terms expiring June 1, 1990.
23 The successors of the initial members shall be appointed in
24 like manner for 3 year terms from the date of appointment,
25 except in case of an appointment to fill a vacancy.
26 (Source: P.A. 85-793.)
27 (70 ILCS 305/1-16, in part)
28 Section 145-25. Removal of Board members. Sec. 1-16. The
29 appointing officer, with the advice and consent of the
30 Marengo Park Board, may remove any member of the Board
31 appointed by him, in case of incompetency, neglect of duty or
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1 malfeasance in office, after service on him, by registered
2 United States mail, return receipt requested, of a copy of
3 the written charges against him and an opportunity to be
4 publicly heard in person or by counsel in his own defense
5 upon not less than 10 days notice.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/1-25, in part)
8 Section 145-30. Bidders; civil action to compel
9 compliance. Sec. 1-25. Any bidder who has submitted a bid in
10 compliance with the requirements for bidding under this
11 Article may bring a civil action in the circuit court of
12 McHenry County in which the metropolitan area is located to
13 compel compliance with the provisions of this Article Act
14 relating to the awarding of contracts by the Board.
15 (Source: P.A. 85-793.)
16 Section 145-35. Standard civic center provisions
17 incorporated by reference. The following Sections of this
18 Code are incorporated by reference into this Article:
19 Section 2-3. Purpose.
20 Section 2-5. Definitions.
21 Section 2-10. Lawsuits; common seal.
22 Section 2-15. Duties; auditorium, recreational, and other
23 buildings; lease of space.
24 Section 2-20. Rights and powers, including eminent
25 domain.
26 Section 2-25. Incurring obligations.
27 Section 2-30. Prompt payment.
28 Section 2-35. Acquisition of property from person,
29 State, or local agency.
30 Section 2-40. Federal money.
31 Section 2-45. Insurance.
32 Section 2-50. Borrowing; revenue bonds; suits to compel
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1 performance.
2 Section 2-55. Bonds; nature of indebtedness.
3 Section 2-60. Investment in bonds.
4 Section 2-75. Board members; financial matters; conflict
5 of interest.
6 Section 2-80. Board members' oath.
7 Section 2-85. Board members; vacancy in office.
8 Section 2-90. Organization of the Board.
9 Section 2-95. Meetings; action by 5 Board members.
10 Section 2-100. Secretary; treasurer.
11 Section 2-105. Funds.
12 Section 2-110. Signatures on checks or drafts.
13 Section 2-115. General manager; other appointments.
14 Section 2-122. Rules and regulations; penalties.
15 Section 2-125. Contracts; award to other than highest or
16 lowest bidder by vote of 5 Board members.
17 Section 2-130. Bids and advertisements.
18 Section 2-135. Report and financial statement.
19 Section 2-140. State financial support.
20 Section 2-145. Anti-trust laws.
21 Section 2-150. Tax exemption.
22 ARTICLE 150.
23 MASON COUNTY CIVIC CENTER
24 (70 ILCS 220/3-2)
25 Section 150-1. Short title. Sec. 3-2. This Article shall
26 be known and may be cited as the Mason County Civic Center
27 Law of 1997.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/3-3, in part)
30 Section 150-5. Definitions. Sec. 3-3. When used in this
31 Article:
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1 "Authority" means the Mason County Civic Center
2 Authority.
3 "Board" means the governing and administrative body of
4 the Mason County Civic Center Authority.
5 "Metropolitan area" means all that territory in the State
6 of Illinois lying within the corporate boundaries of the
7 County of Mason.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/3-4, in part)
10 Section 150-10. Authority created; principal office. Sec.
11 3-4. There is hereby created a political subdivision, body
12 politic and municipal corporation by the name and style of
13 the Mason County Civic Center Authority in the metropolitan
14 area.
15 The principal office of the Authority shall be in Mason
16 County.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/3-14, in part)
19 Section 150-15. Board created. Sec. 3-14. The governing
20 and administrative body of the Authority shall be a board
21 consisting of 7 members and shall be known as the Mason
22 County Civic Center Authority Board. The members of the
23 board shall be individuals of generally recognized ability
24 and integrity.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/3-15, in part)
27 Section 150-20. Board members appointed. Sec. 3-15.
28 Within 60 days after September 3, 1985 (the effective date of
29 Article 3 of Public Act 84-245), this Article becomes
30 effective: the chairman of the county board of Mason County
31 with the advice and consent of the county board of Mason
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1 County shall appoint 3 members of the Board for initial terms
2 expiring June 1, 1986; 2 members for initial terms expiring
3 June 1, 1987; and 2 members for initial terms expiring June
4 1, 1988. The successors of the initial members shall be
5 appointed in like manner for 3 year terms from the date of
6 appointment, except in case of an appointment to fill a
7 vacancy.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/3-16, in part)
10 Section 150-25. Removal of Board members. Sec. 3-16. The
11 appointing officer, with the advice and consent of the county
12 board of Mason County, may remove any member of the Board
13 appointed by him, in case of incompetency, neglect of duty,
14 or malfeasance in office, after service on him, by registered
15 United States mail, return requested, of a copy of the
16 written charges against him and an opportunity to be publicly
17 heard in person or by counsel in his own defense upon not
18 less than 10 days' notice.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/3-25, in part)
21 Section 150-30. Bidders; civil action to compel
22 compliance. Sec. 3-25. Any bidder who has submitted a bid in
23 compliance with the requirements for bidding under this
24 Article may bring a civil action in the circuit court of
25 Mason county in which the metropolitan area is located to
26 compel compliance with the provisions of this Article
27 relating to the awarding of contracts by the Board.
28 (Source: P.A. 84-245.)
29 Section 150-35. Standard civic center provisions
30 incorporated by reference. The following Sections of this
31 Code are incorporated by reference into this Article:
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1 Section 2-3. Purpose.
2 Section 2-5. Definitions.
3 Section 2-10. Lawsuits; common seal.
4 Section 2-15. Duties; auditorium, recreational, and other
5 buildings; lease of space.
6 Section 2-20. Rights and powers, including eminent
7 domain.
8 Section 2-25. Incurring obligations.
9 Section 2-35. Acquisition of property from person,
10 State, or local agency.
11 Section 2-40. Federal money.
12 Section 2-45. Insurance.
13 Section 2-50. Borrowing; revenue bonds; suits to compel
14 performance.
15 Section 2-55. Bonds; nature of indebtedness.
16 Section 2-60. Investment in bonds.
17 Section 2-75. Board members; financial matters; conflict
18 of interest.
19 Section 2-80. Board members' oath.
20 Section 2-85. Board members; vacancy in office.
21 Section 2-90. Organization of the Board.
22 Section 2-96. Meetings; action by 4 Board members.
23 Section 2-100. Secretary; treasurer.
24 Section 2-105. Funds.
25 Section 2-110. Signatures on checks or drafts.
26 Section 2-115. General manager; other appointments.
27 Section 2-122. Rules and regulations; penalties.
28 Section 2-126. Contracts; award to other than highest or
29 lowest bidder by vote of 4 Board members.
30 Section 2-130. Bids and advertisements.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-145. Anti-trust laws.
34 Section 2-150. Tax exemption.
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1 ARTICLE 155.
2 MATTESON CIVIC CENTER
3 (70 ILCS 325/4-1)
4 Section 155-1. Sec. 4-1. Short title. This Article may
5 be cited as the Matteson Civic Center Law of 1997 Act.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/4-2, in part)
8 Section 155-5. Sec. 4-2. Definitions. As used in this
9 Article, unless the context otherwise requires:
10 "Authority" means the Matteson Metropolitan Civic Center
11 Authority.
12 "Board" means the governing and administrative body of
13 the Matteson Metropolitan Civic Center Authority.
14 "Metropolitan area" means all that territory which lies
15 within the corporate boundaries of the Village of Matteson.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/4-3, in part)
18 Section 155-10. Sec. 4-3. Matteson Metropolitan Civic
19 Center Authority; creation. There is hereby created a unit of
20 local government known as the Matteson Metropolitan Civic
21 Center Authority in the metropolitan area.
22 The principal office of the Authority shall be in the
23 Village of Matteson.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/4-5)
26 Section 155-15. Sec. 4-5. Rights and powers. The
27 Authority shall have the following rights and powers:
28 (a) To acquire, purchase, own, construct, lease as
29 lessee or in any other way acquire, improve, extend, repair,
30 reconstruct, regulate, operate, equip and maintain fair or
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1 exposition grounds, convention or exhibition centers, civic
2 auditoriums, and office and municipal buildings, including
3 sites and parking areas and facilities therefor located
4 within the metropolitan area.
5 (b) To enter into contracts treating in any manner with
6 the objects and purposes of this Article.
7 (c) To plan for such grounds, centers and auditoriums
8 and to plan, sponsor, hold, arrange, and finance fairs,
9 industrial, cultural, educational, trade and scientific
10 exhibits, shows and events and to use or allow the use of
11 such grounds, centers and auditoriums for the holding of
12 fair, exhibits, shows and events, whether conducted by the
13 Authority or some other person or governmental agency.
14 (d) To exercise the right of eminent domain to acquire
15 sites for such grounds, centers, building and auditoriums,
16 and parking areas and facilities in the manner provided for
17 the exercise of the right to eminent domain under Article VII
18 of the Code of Civil Procedure, as now or hereafter amended.
19 (e) To fix and collect just, reasonable and
20 nondiscriminatory charges and rents for the use of such
21 parking areas and facilities, grounds, centers, buildings and
22 auditoriums, and to collect admission charges to fairs,
23 shows, exhibits and events sponsored or held by the
24 Authority. The charges collected may be made available to
25 defray the reasonable expenses of the Authority and to pay
26 the principal of and the interest on any bonds issued by the
27 Authority.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/4-8)
30 Section 155-18. Sec. 4-8. Acquisition of property;
31 grants, loans and appropriations. The Authority shall have
32 the power (i) to acquire and accept by purchase, lease, gift
33 or otherwise any property or rights from any person or
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1 governmental agency useful for its purposes, (ii) and to
2 apply for and accept grants, matching grants, loans or
3 appropriations from the State of Illinois or any agency or
4 instrumentality thereof to be used for any of the purposes of
5 the Authority, and (iii) to enter into any agreement with the
6 State of Illinois or any governmental agency in relation to
7 such grants, matching grants, loans or appropriations.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/4-10)
10 Section 155-20. Sec. 4-10. State and municipal financial
11 support.
12 (a) The Authority created by this Article shall receive
13 financial support from the State in the amounts provided for
14 in Section 4 of the Metropolitan Civic Center Support Act, as
15 now or hereafter amended. Notwithstanding anything to the
16 contrary, the Authority's base sum of State financial support
17 under subdivision (3)(a)(ii) of Section 4 of the Metropolitan
18 Civic Center Support Act, as now or hereafter amended, shall
19 be calculated by using the multiplier contained in that Act
20 times the total assessed valuation, as equalized by the
21 Department of Revenue, of all taxable property located within
22 the metropolitan area of the Authority for the year 1987.
23 (b) The Authority created by this Article may receive
24 financial support from any municipality in order for the
25 Authority to undertake any of its authorized rights and
26 powers. Any municipality, both within and outside of the
27 metropolitan area, is authorized to pay and to irrevocably
28 pledge to the Authority or the holders of any bonds issued
29 and sold by the Authority pursuant to this Article any or all
30 of its existing and future revenues derived from its
31 imposition of a tax upon all persons engaged in such
32 municipality in the business of renting, leasing or renting
33 rooms in a hotel, as defined in the Hotel Operator's
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1 Occupation Tax Act, as now or hereafter amended, provided
2 such municipality determines, in its discretion, that such
3 payment or pledge shall assist in, among other things,
4 attracting nonresident, overnight visitors to that
5 municipality.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/4-12)
8 Section 155-25. Sec. 4-12. Power to borrow money; bonds;
9 issuance and sale. The Authority shall have continuing power
10 to borrow money for the purpose of carrying out and
11 performing its duties and exercising its powers under this
12 Article.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to an ordinance adopted by the Board,
16 from time to time issue and sell its revenue bonds, and may
17 also from time to time issue and sell its revenue bonds to
18 refund or advance refund any bonds. All such bonds shall be
19 payable solely from the revenues or income to be derived from
20 the fairs, expositions, exhibitions, rentals and leases and
21 other authorized activities operated by the Authority, and
22 from funds, if any, received and to be received by the
23 Authority or pledged as security for such bonds from any
24 other source. Such bonds may bear such date or dates, may
25 mature at such time or times not exceeding 40 years from
26 their respective date, may bear interest at such rate or
27 rates, may be in such form, may carry such conversion,
28 registration and exchange privileges, may be subject to
29 defeasance on such terms, may be executed in such manner, may
30 be payable at such place or places, may be made subject to
31 redemption in such manner and upon such terms, with or
32 without premium as is stated on the face thereof and may
33 contain such terms and covenants, all as may be provided in
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1 the ordinance. In case any officer whose signature appears
2 on any bond ceases (after attaching his or her signature) to
3 hold office, his or her signature shall nevertheless be valid
4 and effective for all purposes. The holder or holders of any
5 bonds, or interest coupons appertaining thereto, issued by
6 the Authority may bring mandamus, injunction, or other civil
7 actions or and proceedings to compel the performance and
8 observance by the Authority or any of its officers, agents or
9 employees of or any contract or covenant made by the
10 Authority with the holders of such bonds or interest coupons,
11 and to compel the Authority and any of its officers, agents
12 or employees or any contract or covenant made by the
13 Authority with the holders of such bonds or interest coupons
14 and to compel the Authority and any of its officers, agents
15 or employees to perform any duties required to be performed
16 for the benefit of the holders of any such bonds or interest
17 coupons by the provisions of the ordinance authorizing their
18 issuance, and to enjoin the Authority and any of its
19 officers, agents or employees from taking any action in
20 conflict with any such contract or covenant.
21 Notwithstanding the form and tenor of any such bonds and
22 in the absence of any express recital on the face thereof
23 that it is nonnegotiable, all such bonds shall be negotiable
24 instruments under the Uniform Commercial Code, as now or
25 hereafter amended.
26 From and after the issuance of any bonds as herein
27 provided it shall be the duty of the corporate authorities of
28 the Authority to fix and establish rates, charges, rents, and
29 fees for the use of facilities acquired, constructed,
30 reconstructed, extended or improved with the proceeds of the
31 sale of said bonds sufficient at all times, with other
32 revenues of the Authority, to pay:
33 (a) the cost of leasing, maintaining, repairing,
34 regulating and operating the facilities; and
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1 (b) the bonds and interest thereon as they shall become
2 due, and all sinking fund requirements and other requirements
3 provided by the ordinance authorizing the issuance of the
4 bonds or as provided by any trust agreement executed to
5 secure payment thereof.
6 To secure the payment of any or all of such bonds and for
7 the purpose of setting forth the covenants and undertakings
8 of the Authority in connection with the issuance thereof and
9 the issuance of any additional bonds payable from such
10 revenue to be derived from the fairs, recreational,
11 theatrical or cultural expositions, sport activities,
12 exhibitions, office rentals, and air space leases and
13 rentals, and other revenue, if any, the Authority may execute
14 and deliver a trust agreement or agreements; provided that no
15 lien upon any physical property of the Authority shall be
16 created thereby.
17 A remedy for any breach or default of the terms of any
18 such trust agreement by the Authority may be by mandamus,
19 injunction, or other civil actions or and proceedings in any
20 court of competent jurisdiction to compel performance and
21 compliance therewith, but the trust agreement may prescribe
22 by whom or on whose behalf such action may be instituted.
23 The Authority shall have the right to sell its bonds by
24 negotiated sale or pursuant to advertisement and sealed bid.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/4-13)
27 Section 155-30. Sec. 4-13. Bonds; nature of indebtedness.
28 Under no circumstances shall any bonds issued by the
29 Authority under Section 155-25 12 be or become an
30 indebtedness or obligation of the State of Illinois or any
31 unit of local government (other than the Authority) or school
32 district within the State, nor shall any such bond or
33 obligation be or become an indebtedness of the Authority
-226- LRB9000879DJcd
1 within the purview of any constitutional limitation or
2 provision, and it shall be plainly stated on the face of each
3 such bond that it does not constitute such an indebtedness
4 or obligation but is payable solely from revenues or income.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/4-14)
7 Sec. 155-32. Sec. 4-14. Investments in bonds under
8 Article. The State and all counties, cities, villages,
9 incorporated towns and other units of local government and
10 public bodies, and public officers of any thereof; , all
11 banks, bankers, trust companies, savings banks and
12 institutions, building and loan associations, savings and
13 loan associations, investment companies and other persons
14 carrying on an insurance business; and all executors,
15 administrators, guardians, and trustees and other fiduciaries
16 may legally invest any sinking funds, moneys or other funds
17 belonging to them or within their control in any bonds issued
18 pursuant to this Article.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/4-15)
21 Section 155-35. Sec. 4-15. Elections; general obligation
22 bonds; form of ballot. No bonds other than revenue bonds
23 issued pursuant to Section 155-25 12, shall be issued by the
24 Authority until a proposition to issue the same has been
25 submitted to and approved by a majority of the voters of said
26 metropolitan area voting upon the proposition at a general
27 election in accordance with the general election law. The
28 Authority may by resolution order such proposition submitted
29 at a regular election in accordance with the general election
30 law, whereupon the recording officer shall certify the
31 resolution and the proposition to the proper election
32 officials for submission. Any proposition to issue bonds as
-227- LRB9000879DJcd
1 herein set forth shall be in substantially the following
2 form:
3 -------------------------------------------------------------
4 Shall general obligation
5 bonds of the Matteson
6 Metropolitan Civic Center YES
7 Authority to the amount of
8 .....................Dollars
9 ($........) be issued for ---------------------------
10 the purpose of .............
11 and shall annual taxes be
12 authorized to be levied NO
13 on all taxable property
14 within the metropolitan area
15 to pay such bond?
16 -------------------------------------------------------------
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/4-16)
19 Section 155-40. Sec. 4-16. Bonds; principal and interest
20 payments; taxation. If a majority of the voters of said
21 metropolitan area approve the issuance of bonds as provided
22 in Section 155-35 15 of this Article, the Authority shall
23 have power to issue general obligation bonds, pledge its full
24 faith and credit to the payment thereof and levy taxes
25 sufficient to pay for the annual principal and interest
26 charges on such bonds. Such bonds may bear such date or
27 dates, may mature at such time or times not exceeding 40
28 years from their respective date, may bear interest at such
29 rate or rates, may be in such form, may carry such
30 conversion, registration and exchange privileges, may be
31 subject to defeasance upon such terms, may be executed in
32 such manner, may be payable at such place or places, may be
33 made subject to redemption in such manner and upon such
-228- LRB9000879DJcd
1 terms, with or without premium as is stated on the face
2 thereof, may be sold by negotiated sale or pursuant to
3 advertisement and sealed bid, and may contain such terms and
4 covenants, all as may be provided by the Authority.
5 Such taxes proposed by the Authority to be levied upon
6 the taxable property within the metropolitan area shall be
7 levied by ordinance and be unlimited as to rate and amount. A
8 certified copy of such levy ordinance shall be filed with the
9 county clerk, and thereupon the county clerk shall extend
10 such tax in each year as provided in such ordinance and in
11 accordance with law.
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/4-17, in part)
14 Section 155-45. Sec. 4-17. Board created; Compensation;
15 Conflicts of interest. The governing and administrative body
16 of the Authority shall be a Board consisting of 7 members and
17 shall be known as the Matteson Metropolitan Civic Center
18 Board.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/4-18)
21 Section 155-50. Sec. 4-18. Members; terms; oath.
22 Membership on the Board shall consist of those persons duly
23 elected to serve on the Matteson Village Board of Trustees.
24 Terms for members of the Board of the Authority shall
25 coincide with their respective terms of office as members of
26 the Matteson Village Board of Trustees. Before entering upon
27 the duties of his office, each member of the Board shall take
28 and subscribe the constitutional oath of office and file it
29 in the office of the Secretary of State.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/4-26)
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1 Section 155-55. Sec. 4-26. Contracts, concessions or
2 leases; Bidding. All contracts for sale of property of the
3 value of more than $2,500, or for a concession in or lease of
4 property, including air rights, of the Authority for a term
5 of more than one year, shall be awarded to the highest
6 responsible bidder, after advertising for bids. All
7 construction contracts and contracts for supplies, materials,
8 equipment and services, when the expense thereof will exceed
9 $2,500, shall be let to the lowest responsible bidder, after
10 advertising for bids, except: (1) when repair parts,
11 accessories, equipment or services are required for equipment
12 or services previously furnished or contracted for; (2) when
13 the nature of the services required is such that competitive
14 bidding is not in the best interest of the public, including,
15 without limiting the generality of the foregoing, the
16 services of accountants, architects, attorneys, engineers,
17 financial advisors, investment bankers, physicians,
18 superintendents of construction, and others possessing a high
19 degree of skill; and (3) when services such as water, light,
20 heat, power, telephone or telegraph are required.
21 All contracts involving less than $2,500 shall be let by
22 competitive bidding to the lowest responsible bidder whenever
23 possible, and in any event in a manner calculated to ensure
24 insure the best interests of the public.
25 In determining the responsibility of any bidder, the
26 Board may take into account the past record of dealings with
27 the bidder, the bidder's experience, adequacy of equipment,
28 and ability to complete performance within the time set, and
29 other factors besides financial responsibility, but in no
30 case shall any such contract be awarded to any other than the
31 highest bidder (in case of sale, concession or lease), or the
32 lowest bidder (in case of purchase or expenditure), unless
33 authorized or approved by a vote of at least 5 of the members
34 of the Board, and unless such action is accompanied by a
-230- LRB9000879DJcd
1 statement in writing setting forth the reasons for not
2 awarding the contract to the highest or lowest bidder, as the
3 case may be, which statement shall be kept on file in the
4 principal office of the Authority and open to public
5 inspection.
6 Members of the Board, officers and employees of the
7 Authority, and their relatives within the fourth degree of
8 consanguinity by the terms of the civil law, are forbidden to
9 be interested directly or indirectly in any contract for
10 construction or maintenance work or for the delivery of
11 materials, supplies or equipment.
12 The Board shall have the right to reject all bids and to
13 readvertise for bids. If after any such advertisement no
14 responsible and satisfactory bid, within the terms of the
15 advertisement, shall be received, the Board may award such
16 contract, without competitive bidding, provided that it shall
17 not be less advantageous to the Authority than any valid bid
18 received pursuant to advertisement.
19 The Board shall adopt rules and regulations to carry into
20 effect the provisions of this Section.
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/4-28)
23 Section 155-60. Sec. 4-28. Report; financial statement.
24 As soon after the end of each fiscal year as may be
25 expedient, the Board shall cause to be prepared and printed a
26 complete and detailed report and financial statement of its
27 operations and of its assets and liabilities. A reasonably
28 sufficient number of copies of such report shall be printed
29 for distribution to persons interested upon request, and a
30 copy thereof shall be filed with the county clerk and the
31 Village President of Matteson.
32 (Source: P.A. 86-907.)
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1 Section 155-65. Standard civic center provisions
2 incorporated by reference. The following Sections of this
3 Code are incorporated by reference into this Article:
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-17. Duties; auditorium and other buildings.
7 Section 2-25. Incurring obligations.
8 Section 2-30. Prompt payment.
9 Section 2-40. Federal money.
10 Section 2-45. Insurance.
11 Section 2-75. Board members; financial matters; conflict
12 of interest.
13 Section 2-90. Organization of the Board.
14 Section 2-96. Meetings; action by 4 Board members.
15 Section 2-101. Secretary; treasurer; funds deposited in
16 bank or savings and loan association.
17 Section 2-106. Funds; compliance with Public Funds
18 Investment Act.
19 Section 2-110. Signatures on checks or drafts.
20 Section 2-115. General manager; other appointments.
21 Section 2-120. Ordinances, rules, and regulations; fines
22 and penalties.
23 Section 2-130. Bids and advertisements.
24 Section 2-145. Anti-trust laws.
25 Section 2-150. Tax exemption.
26 ARTICLE 160.
27 MAYWOOD CIVIC CENTER
28 (70 ILCS 310/5-2)
29 Section 160-1. Short title. Sec. 5-2. This Article may be
30 cited as the Maywood Civic Center Law of 1997.
31 (Source: P.A. 86-888.)
-232- LRB9000879DJcd
1 (70 ILCS 310/5-3, in part)
2 Section 160-5. Definitions. Sec. 5-3. When used in this
3 Article:
4 "Authority" means the Maywood Civic Center Authority.
5 "Board" means the governing and administrative body of
6 the Maywood Civic Center Authority.
7 "Metropolitan area" means all that territory in the State
8 of Illinois lying within the corporate boundaries of the
9 village of Maywood.
10 (Source: P.A. 86-888.)
11 (70 ILCS 310/5-4, in part)
12 Section 160-10. Authority created; principal office. Sec.
13 5-4. There is hereby created a political subdivision, body
14 politic and municipal corporation by the name and style of
15 the Maywood Civic Center Authority in the metropolitan area.
16 The principal office of the Authority shall be in the
17 Village of Maywood.
18 (Source: P.A. 86-888.)
19 (70 ILCS 310/5-11)
20 Section 160-15. Borrowing; revenue bonds. Sec. 5-11. The
21 Authority shall have continuing power to borrow money for the
22 purpose of carrying out and performing its duties and
23 exercising its powers under this Article.
24 For the purpose of evidencing the obligation of the
25 Authority to repay any money borrowed as aforesaid, the
26 Authority may, pursuant to an ordinance adopted by the Board,
27 from time to time issue and dispose of its interest bearing
28 revenue bonds and may also from time to time issue and
29 dispose of its interest bearing revenue bonds to refund any
30 bonds at maturity or pursuant to redemption provisions or at
31 any time before maturity with the consent of the holders
32 thereof. All such bonds shall be payable solely from the
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1 revenues or income to be derived from the fairs, expositions,
2 exhibitions, rentals and leases and other authorized
3 activities operated by it, and from funds, if any, received
4 and to be received by the Authority from any other source.
5 Such bonds may bear such date or dates, may mature at such
6 time or times not exceeding 40 years from their respective
7 dates, may bear interest at such rate or rates, not exceeding
8 the maximum rate authorized by the Bond Authorization Act, as
9 amended at the time of the making of the contract, may be in
10 such form, may carry such registration privileges, may be
11 executed in such manner, may be payable at such place or
12 places, may be made subject to redemption in such manner and
13 upon such terms, with or without premium as is stated on the
14 face thereof, may be executed in such manner and may contain
15 such terms and covenants, all as may be provided in said
16 ordinance. In case any officer whose signature appears on
17 any bond ceases (after attaching his signature) to hold
18 office, his signature shall nevertheless be valid and
19 effective for all purposes. The holder or holders of any
20 bonds, or interest coupons appertaining thereto issued by
21 the Authority may bring suits at law or proceedings in equity
22 to compel the performance and observance by the Authority or
23 any of its officers, agents or employees of or any contract
24 or covenant made by the Authority with the holders of such
25 bonds or interest coupons, and to compel the Authority and
26 any of its officers, agents or employees to perform any
27 duties required to be performed for the benefit of the
28 holders of any such bonds or interest coupons by the
29 provisions of the ordinance authorizing their issuance, and
30 to enjoin the Authority and any of its officers, agents or
31 employees from taking any action in conflict with any such
32 contract or covenant.
33 Notwithstanding the form and tenor of any such bonds and
34 in the absence of any express recital on the face thereof
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1 that it is non-negotiable, all such bonds shall be negotiable
2 instruments under the Uniform Commercial Code, as now or
3 hereafter amended.
4 From and after the issuance of any bonds as herein
5 provided it shall be the duty of the corporate authorities of
6 the Authority to fix and establish rates, charges, rents and
7 fees for the use of facilities acquired, constructed,
8 reconstructed, extended or improved with the proceeds of the
9 sale of said bonds sufficient at all times, with other
10 revenues of the Authority to pay:
11 (a) the cost of maintaining, repairing, regulating and
12 operating the said facilities; and
13 (b) the bonds and interest thereon as they shall become
14 due, and all sinking fund requirements and other requirements
15 provided by the ordinance authorizing the issuance of the
16 bonds or as provided by any trust agreement executed to
17 secure payment thereof.
18 To secure the payment of any or all such bonds and for
19 the purpose of setting forth the covenants and undertakings
20 of the Authority in connection with the issuance thereof and
21 the issuance of any additional bonds payable from such
22 revenue income to be derived from the fairs, recreational,
23 theatrical, cultural, expositions, sports activities,
24 exhibitions, office rentals and air space leases and rentals,
25 and other revenue, if any, the Authority may execute and
26 deliver a trust agreement or agreements; provided that no
27 lien upon any physical property of the Authority shall be
28 created thereby.
29 A remedy for any breach or default of the terms of any
30 such trust agreement by the Authority may be by mandamus
31 proceedings in any court of competent jurisdiction to compel
32 performance and compliance therewith, but the trust agreement
33 may prescribe by whom or on whose behalf such action may be
34 instituted.
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1 Before any such bonds (excepting refunding bonds) are
2 sold, the entire authorized issue, or any part thereof, shall
3 be offered for sale as a unit after advertising for bids at
4 least 3 times in a daily newspaper of general circulation
5 published in the metropolitan area, the last publication to
6 be at least 10 days before bids are required to be filed.
7 Copies of such advertisement may be published in any
8 newspaper or financial publication in the United States. All
9 bids shall be sealed, filed and opened as provided by
10 ordinance and the bonds shall be awarded to the highest and
11 best bidder or bidders therefor. The Authority shall have
12 the right to reject all bids and readvertise for bids in the
13 manner provided for in the initial advertisement. However,
14 if no bids are received, such bonds may be sold at not less
15 than par value, without further advertising, within 60 days
16 after the bids are required to be filed pursuant to any
17 advertisement.
18 (Source: P.A. 86-888; 86-1028.)
19 (70 ILCS 310/5-14, in part)
20 Section 160-20. Board created. Sec. 5-14. The governing
21 and administrative body of the Authority shall be a board
22 consisting of 7 members and shall be known as the Maywood
23 Civic Center Authority Board. The members of the Board shall
24 be individuals of generally recognized ability and integrity.
25 (Source: P.A. 86-888.)
26 (70 ILCS 310/5-15, in part)
27 Section 160-25. Board members appointed. Sec. 5-15.
28 Within 60 days after January 1, 1990 (the effective date of
29 Article 5 of Public Act 86-888) this Article becomes
30 effective, the President of the Village of Maywood shall
31 appoint 3 members of the Board for initial terms expiring
32 June 1, 1990; 2 members for initial terms expiring June 1,
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1 1991; and 2 members for initial terms expiring June 1, 1992.
2 The successors of the initial members shall be appointed in
3 like manner for 3 year terms from the date of appointment,
4 except in case of an appointment to fill a vacancy.
5 (Source: P.A. 86-888.)
6 (70 ILCS 310/5-25, in part)
7 Section 160-30. Bidders; civil action to compel
8 compliance. Sec. 5-25. Any bidder who has submitted a bid in
9 compliance with the requirements for bidding under this
10 Article may bring a civil action in the Circuit Court of Cook
11 County in which the metropolitan area is located to compel
12 compliance with the provisions of this Article relating to
13 the awarding of contracts by the Board.
14 (Source: P.A. 86-888.)
15 Section 160-35. Standard civic center provisions
16 incorporated by reference. The following Sections of this
17 Code are incorporated by reference into this Article:
18 Section 2-3. Purpose.
19 Section 2-5. Definitions.
20 Section 2-10. Lawsuits; common seal.
21 Section 2-15. Duties; auditorium, recreational, and other
22 buildings; lease of space.
23 Section 2-20. Rights and powers, including eminent
24 domain.
25 Section 2-25. Incurring obligations.
26 Section 2-30. Prompt payment.
27 Section 2-35. Acquisition of property from person,
28 State, or local agency.
29 Section 2-40. Federal money.
30 Section 2-45. Insurance.
31 Section 2-55. Bonds; nature of indebtedness.
32 Section 2-60. Investment in bonds.
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1 Section 2-75. Board members; financial matters; conflict
2 of interest.
3 Section 2-80. Board members' oath.
4 Section 2-83. Removal of Board member from office.
5 Section 2-85. Board members; vacancy in office.
6 Section 2-90. Organization of the Board.
7 Section 2-96. Meetings; action by 4 Board members.
8 Section 2-100. Secretary; treasurer.
9 Section 2-105. Funds.
10 Section 2-110. Signatures on checks or drafts.
11 Section 2-115. General manager; other appointments.
12 Section 2-122. Rules and regulations; penalties.
13 Section 2-126. Contracts; award to other than highest or
14 lowest bidder by vote of 4 Board members.
15 Section 2-130. Bids and advertisements.
16 Section 2-135. Report and financial statement.
17 Section 2-140. State financial support.
18 Section 2-145. Anti-trust laws.
19 Section 2-150. Tax exemption.
20 ARTICLE 165.
21 MELROSE PARK CIVIC CENTER
22 (70 ILCS 245/2-2)
23 Section 165-1. Short title. Sec. 2-2. This Article Act
24 may be cited as the Melrose Park Civic Center Law of 1997.
25 (Source: P.A. 86-8.)
26 (70 ILCS 245/2-3, in part)
27 Section 165-5. Definitions. Sec. 2-3. When used in this
28 Article Act:
29 "Authority" means the Melrose Park Metropolitan
30 Exposition Auditorium and Office Building Authority.
31 "Board" means the governing and administrative body of
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1 the Melrose Park Metropolitan Exposition Auditorium and
2 Office Building Authority.
3 "Metropolitan Area" means all that territory in the State
4 of Illinois lying within the corporate boundaries of the
5 Village of Melrose Park.
6 (Source: P.A. 86-8.)
7 (70 ILCS 245/2-4, in part)
8 Section 165-10. Authority created; principal office. Sec.
9 2-4. There is hereby created a political subdivision, body
10 politic and municipal corporation by the name and style of
11 the Melrose Park Metropolitan Exposition Auditorium and
12 Office Building Authority in the metropolitan area.
13 The principal office of the Authority shall be in the
14 Village of Melrose Park.
15 (Source: P.A. 86-8.)
16 (70 ILCS 245/2-14, in part)
17 Section 165-15. Board created. Sec. 2-14. The governing
18 and administrative body of the Authority shall be a board
19 consisting of 7 members and shall be known as the Melrose
20 Park Metropolitan Exposition Auditorium and Office Building
21 Board. The members of the Board shall be individuals of
22 generally recognized ability and integrity.
23 (Source: P.A. 86-8.)
24 (70 ILCS 245/2-15, in part)
25 Section 165-20. Board members appointed. Sec. 2-15.
26 Within 60 days after January 1, 1990 (the effective date of
27 Article II of Public Act 86-8) this Act becomes effective,
28 the Village President of the Village of Melrose Park, with
29 the advice and consent of the Village of Melrose Park Board
30 of Trustees, shall appoint 2 members of the Board for initial
31 terms expiring June 1, 1990; 2 members for initial terms
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1 expiring June 1, 1991; and 3 members for initial terms
2 expiring June 1, 1992. The successors of the initial members
3 shall be appointed in like manner for 3 year terms from the
4 date of appointment, except in case of an appointment to fill
5 a vacancy.
6 (Source: P.A. 86-8.)
7 (70 ILCS 245/2-16, in part)
8 Section 165-25. Removal of Board members. Sec. 2-16. The
9 Village President of the Village of Melrose Park, with the
10 advice and consent of the Village of Melrose Park Board of
11 Trustees, may remove any member of the Board appointed by
12 him, in case of incompetency, neglect of duty or malfeasance
13 in office, after service on him, by registered United States
14 mail, return receipt requested, of a copy of the written
15 charges against him and an opportunity to be publicly heard
16 in person or by counsel in his own defense upon not less than
17 10 days notice.
18 (Source: P.A. 86-8.)
19 (70 ILCS 245/2-25, in part)
20 Section 165-30. Bidders; civil action to compel
21 compliance. Sec. 2-25. Any bidder who has submitted a bid in
22 compliance with the requirements for bidding under this
23 Article may bring a civil action in the Circuit Court of Cook
24 County in which the metropolitan area is located to compel
25 compliance with the provisions of this Article Act relating
26 to the awarding of contracts by the Board.
27 (Source: P.A. 86-8.)
28 Section 165-35. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
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1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-15. Duties; auditorium, recreational, and other
4 buildings; lease of space.
5 Section 2-20. Rights and powers, including eminent
6 domain.
7 Section 2-25. Incurring obligations.
8 Section 2-30. Prompt payment.
9 Section 2-35. Acquisition of property from person,
10 State, or local agency.
11 Section 2-40. Federal money.
12 Section 2-45. Insurance.
13 Section 2-50. Borrowing; revenue bonds; suits to compel
14 performance.
15 Section 2-55. Bonds; nature of indebtedness.
16 Section 2-60. Investment in bonds.
17 Section 2-75. Board members; financial matters; conflict
18 of interest.
19 Section 2-80. Board members' oath.
20 Section 2-85. Board members; vacancy in office.
21 Section 2-90. Organization of the Board.
22 Section 2-96. Meetings; action by 4 Board members.
23 Section 2-100. Secretary; treasurer.
24 Section 2-105. Funds.
25 Section 2-110. Signatures on checks or drafts.
26 Section 2-115. General manager; other appointments.
27 Section 2-122. Rules and regulations; penalties.
28 Section 2-125. Contracts; award to other than highest or
29 lowest bidder by vote of 5 Board members.
30 Section 2-130. Bids and advertisements.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-145. Anti-trust laws.
34 Section 2-150. Tax exemption.
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1 ARTICLE 170.
2 METROPOLITAN CIVIC CENTER
3 (70 ILCS 205/1)
4 Section 170-1. Short title. Sec. 1. This Article Act
5 shall be known and may be cited as the Metropolitan Civic
6 Center Law of 1997 Act.
7 (Source: P.A. 76-1770.)
8 (70 ILCS 205/2, in part)
9 Section 170-5. Definitions. Sec. 2. When used in this
10 Article Act:
11 "Authority" means any Metropolitan Exposition, Auditorium
12 and Office Building Authority, as provided in this Article
13 Act.
14 "Board" means the governing and administrative body of
15 any Metropolitan Exposition, Auditorium and Office Building
16 Authority, as provided in this Article Act.
17 "Metropolitan area" means all that territory in the State
18 of Illinois lying within the corporate boundaries of the
19 county or counties establishing an authority as provided in
20 this Article Act.
21 (Source: P.A. 76-1770.)
22 (70 ILCS 205/3, in part)
23 Section 170-10. Creation of Authority; principal office.
24 Sec. 3. The county board of any county having an assessed
25 valuation, as equalized by the Department of Revenue, of all
26 real property located within the county of at least $300
27 million but less than $5 billion, or the county boards,
28 acting jointly, of any combination of counties having an
29 assessed valuation, as equalized by the Department of
30 Revenue, of all real property within such combination of
31 counties within the limits established by this Section may by
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1 resolution or ordinance provide for the formation of a
2 Metropolitan Exposition, Auditorium and Office Building
3 Authority with the powers, duties, responsibilities and
4 privileges provided in this Article Act.
5 The principal office of the Authority shall be at the
6 site of the Authority's buildings.
7 (Source: P.A. 85-1209.)
8 (70 ILCS 205/5)
9 Section 170-15. Rights and powers. Sec. 5. The Authority
10 shall have the following rights and powers duties:
11 (a) To acquire, own, construct, lease, operate and
12 maintain fair, exposition, arena, office building and
13 associated facilities and grounds, to fix and collect just,
14 reasonable and nondiscriminatory charges for the use of such
15 facilities, and to lease air space over and appurtenant to
16 such facilities. The charges so collected shall be made
17 available to defray the reasonable expenses of the Authority
18 and to pay the principal of and the interest upon any bonds
19 issued by the Authority.
20 (b) To enter into contracts treating in any manner with
21 the objects and purposes of this Article Act.
22 (Source: P.A. 76-1770.)
23 (70 ILCS 205/7)
24 Section 170-20. Acquisition of property; money from
25 State. Sec. 7. The Authority shall have the power to acquire
26 and accept by purchase, lease, gift or otherwise any property
27 or rights from any person or persons, any municipal
28 corporation, body politic, or agency of the State, or from
29 the State itself, useful for its purposes, and to apply for
30 an accept grants, matching grants, loans or appropriations
31 from the State of Illinois or any agency or instrumentality
32 thereof to be used for any of the purposes of the Authority
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1 and to enter into any agreement with the State of Illinois in
2 relation to such grants, matching grants, loans or
3 appropriations. An Authority located in a county with a
4 population over 50,000 and under 70,000 according to the 1980
5 federal census may acquire real property or interests in real
6 property by condemnation for any of the purposes of the
7 Authority.
8 (Source: P.A. 86-888; 86-907.)
9 (70 ILCS 205/13)
10 Section 170-25. Bonds other than revenue bonds. Sec. 13.
11 No bonds, other than revenue bonds issued pursuant to Section
12 2-52 10, shall be issued by the Authority until the
13 proposition to issue the same has been submitted to and
14 approved by a majority of the voters of said metropolitan
15 area voting upon the proposition at a general election in
16 accordance with the general election law. The Authority may
17 by resolution order such proposition submitted at a regular
18 election in accordance with the general election law,
19 whereupon the recording officer shall certify the resolution
20 and the proposition to the proper election officials for
21 submission. Any proposition to issue bonds as herein set
22 forth shall be in substantially the following form:
23 -------------------------------------------------------------
24 Shall bonds of the "Metropolitan
25 Exposition, Auditorium and Office YES
26 Building Authority" to the amount -------------------------
27 of.... Dollars ($ ) be issued NO
28 for the purpose of ?
29 -------------------------------------------------------------
30 (Source: P.A. 81-1489.)
31 (70 ILCS 205/14)
32 Section 170-30. Tax Sec. 14. If a majority of the voters
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1 of said metropolitan area approve the issuance of bonds as
2 provided in Section 170-25 13 of this Act, the Authority
3 shall have power to levy and collect annually a sum
4 sufficient to pay for the annual principal and interest
5 charges by a sum equal to such grants or matching grants as
6 the Authority shall receive, in any year, for this purpose.
7 Such taxes proposed by the Authority to be levied upon
8 the taxable property within the metropolitan area shall be
9 levied by ordinance. After the ordinance has been adopted it
10 shall, within 10 days after its passage, be published once in
11 a newspaper published and having a general circulation within
12 the metropolitan area. A certified copy of such levy
13 ordinance shall be filed with the county clerk no later than
14 the 3rd Tuesday in September in each year. Thereupon the
15 county clerk shall extend such tax; provided the aggregate
16 amount of taxes levied for any one year shall not exceed the
17 rate of .0005% of the full fair cash value, as equalized or
18 assessed by the Department of Revenue.
19 (Source: P.A. 81-1509.)
20 (70 ILCS 205/15, in part)
21 Section 170-35. Board created. Sec. 15. The governing and
22 administrative body of the Authority shall be a board
23 consisting of 9 members and shall be known as the
24 Metropolitan Exposition Auditorium and Office Building Board.
25 The members of the board shall be individuals of generally
26 recognized ability and integrity.
27 (Source: P.A. 85-1209.)
28 (70 ILCS 205/16, in part)
29 Section 170-40. Board members appointed. Sec. 16. Within
30 60 days after a county board of a single county qualified as
31 an Authority under the provisions of Section 170-10 3 of this
32 Act shall adopt a resolution or ordinance providing for an
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1 Authority, the county board chairman, with the advice and
2 consent of the county board, shall appoint 3 members of the
3 board for an initial term expiring the second June first
4 after appointment; and 3 members of the board for an initial
5 term expiring the third June first after appointment; and 3
6 members of the board for an initial term expiring the fifth
7 June first after appointment, and until their successors have
8 been appointed and qualified. At the expiration of the term
9 of any member, the county board chairman, with the advice and
10 consent of the county board, shall appoint his successor in
11 like manner for a term of 5 years from the first day of June
12 of the year in which they are appointed, except in case of an
13 appointment to fill a vacancy.
14 The Board of Authorities comprised of combinations of
15 counties, as provided in Section 170-10 3 of this Act, shall
16 be appointed in the following manner: memberships for the
17 Board shall be apportioned among the member counties, as
18 nearly as possible, according to the proportion each county's
19 assessed valuation, as equalized by the Department of
20 Revenue, of all real property located within the county bears
21 to the total assessed valuation, as equalized by the
22 Department of Revenue, of all real property located within
23 the Authority. The initial terms of such appointees for each
24 such county shall then be determined by lot. Each such county
25 chairman, with the advice and consent of his respective
26 county board, shall then appoint the members allotted to him
27 in the manner provided in this Section.
28 (Source: P.A. 81-1509.)
29 (70 ILCS 205/19)
30 Section 170-45. Meetings; quorum; approval of ordinances
31 and resolutions by chairman; public records. Sec. 19. Regular
32 meetings of the Board shall be held at least once in each
33 calendar month, the time and place of such meetings to be
-246- LRB9000879DJcd
1 fixed by the Board.
2 Five members of the Board shall constitute a quorum for
3 the transaction of business. All action of the Board shall be
4 by ordinance or resolution and the affirmative vote of at
5 least 5 members shall be necessary for the adoption of any
6 ordinance or resolution.
7 All such ordinances and resolutions before taking effect
8 shall be approved by the chairman of the Board, and if he
9 shall not approve thereof he shall sign the same, and such as
10 he shall not approve he shall return to the Board with his
11 objections thereto in writing at the next regular meeting of
12 the Board occurring after the passage thereof. But in case
13 the chairman shall fail to return any ordinance or resolution
14 with his objections thereto by the time aforesaid, he shall
15 be deemed to have approved the same and it shall take effect
16 accordingly. Upon the return of any ordinance or resolution
17 by the chairman with his objections, the vote by which the
18 same was passed shall be reconsidered by the Board, and if
19 upon such reconsideration said ordinance or resolution is
20 passed by the affirmative vote of at least 6 members, it
21 shall go into effect notwithstanding the veto of the
22 chairman.
23 All ordinances, resolutions and all proceedings of the
24 Authority and all documents and records in its possession
25 shall be public records, and open to public inspection,
26 except such documents and records as shall be kept or
27 prepared by the Board for use in negotiations, actions or
28 proceedings to which the Authority is a party.
29 (Source: P.A. 82-783.)
30 (70 ILCS 205/25)
31 Section 170-50. Contracts. Sec. 25. All contracts for
32 sale of property of the value of more than $2500 or for an
33 concession in or lease of property, including air rights, of
-247- LRB9000879DJcd
1 the Authority for a term of more than one year shall be
2 awarded to the highest responsible bidder, after advertising
3 for bids. All construction contracts and contracts for
4 supplies, materials, equipment and services, when the expense
5 thereof will exceed $2500, shall be let to the lowest
6 responsible bidder, after advertising for bids. All
7 construction contracts and contracts for supplies, materials,
8 equipment and services, when the expense thereof will exceed
9 $2500, shall be let to the lowest responsible bidder, after
10 advertising for bids, excepting (1) when repair parts,
11 accessories, equipment or services are required for equipment
12 or services previously furnished or contracted for; (2) when
13 the nature of the services required is such that competitive
14 bidding is not in the best interest of the public, including,
15 without limiting the generality of the foregoing, the
16 services of accountants, architects, attorneys, engineers,
17 physicians, superintendents of construction, and others
18 possessing a high degree of skill; and (3) when services such
19 as water, light, heat, power, telephone or telegraph are
20 required.
21 All contracts involving less than $2500 shall be let by
22 competitive bidding to the lowest responsible bidder whenever
23 possible, and in any event in a manner calculated to ensure
24 insure the best interests of the public.
25 In determining the responsibility of any bidder, the
26 Board may take into account the past record of dealings with
27 the bidder, the bidder's experience, adequacy of equipment,
28 and ability to complete performance within the time set, and
29 other factors besides financial responsibility, but in no
30 case shall any such contracts be awarded to any other than
31 the highest bidder (in case of sale, concession or lease) or
32 the lowest bidder (in case of purchase or expenditure) unless
33 authorized or approved by a vote of at least three-fourths of
34 the members of the Board, and unless such action is
-248- LRB9000879DJcd
1 accompanied by a statement in writing setting forth the
2 reasons for not awarding the contract to the highest or
3 lowest bidder, as the case may be, which statement shall be
4 kept on file in the principal office of the Authority and
5 open to public inspection.
6 From the group of responsible bidders the lowest bidder
7 shall be selected in the following manner: to all bids for
8 sales the gross receipts of which are not taxable under the
9 Retailers' "Retailers Occupation Tax Act", approved June 28,
10 1933, as amended, there shall be added an amount equal to the
11 tax which would be payable under said Act, if applicable, and
12 the lowest in amount of said adjusted bids and bids for sales
13 the gross receipts of which are taxable under said Act shall
14 be considered the lowest bid; provided, that, if said lowest
15 bid relates to a sale not taxable under said Act, any
16 contract entered into thereon shall be in the amount of the
17 original bid not adjusted as aforesaid.
18 Contracts shall not be split into parts involving
19 expenditures of less than $2500 for the purposes of avoiding
20 the provisions of this Section, and all such split contracts
21 shall be void. If any collusion occurs among bidders or
22 prospective bidders in restraint of freedom of competition,
23 by agreement to bid a fixed amount or to refrain from bidding
24 or otherwise, the bids of such bidders shall be void. Each
25 bidder shall accompany his bid with a sworn statement that he
26 has not been a party to any such agreement.
27 Members of the Board, officers and employees of the
28 Authority, and their relatives within the fourth degree of
29 consanguinity by the terms of the civil law, are forbidden to
30 be interested directly or indirectly in any contract for
31 construction or maintenance work or for the delivery of
32 materials, supplies or equipment.
33 The Board shall have the right to reject all bids and to
34 readvertise for bids. If after any such advertisement no
-249- LRB9000879DJcd
1 responsible and satisfactory bid, within the terms of the
2 advertisement, shall be received, the Board may award such
3 contract, without competitive bidding, provided that it shall
4 not be less advantageous to the Authority than any valid bid
5 received pursuant to advertisement.
6 The Board shall adopt rules and regulations to carry into
7 effect the provisions of this Section.
8 (Source: P.A. 76-1770.)
9 (70 ILCS 205/26, in part)
10 Section 170-55. Bidders; civil action to compel
11 compliance. Sec. 26. Any bidder who has submitted a bid in
12 compliance with the requirements for bidding under this
13 Article may bring a civil action in the circuit court within
14 the boundaries of the Authority to compel compliance with the
15 provisions of this Article Act relating to the awarding of
16 contracts by the Board.
17 (Source: P.A. 79-1358.)
18 Section 170-60. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-5. Definitions.
22 Section 2-10. Lawsuits; common seal.
23 Section 2-16. Duties; auditorium and other buildings;
24 lease of space.
25 Section 2-25. Incurring obligations.
26 Section 2-30. Prompt payment.
27 Section 2-40. Federal money.
28 Section 2-45. Insurance.
29 Section 2-52. Borrowing; revenue bonds; interest payable
30 semi-annually; bond sale price; effect of Omnibus Bond Acts.
31 Section 2-55. Bonds; nature of indebtedness.
32 Section 2-60. Investment in bonds.
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1 Section 2-76. Board members; financial matters;
2 compensation for secretary or treasurer; conflict of
3 interest.
4 Section 2-80. Board members' oath.
5 Section 2-83. Removal of Board member from office.
6 Section 2-85. Board members; vacancy in office.
7 Section 2-90. Organization of the Board.
8 Section 2-101. Secretary; treasurer; funds deposited in
9 bank or savings and loan association.
10 Section 2-106. Funds; compliance with Public Funds
11 Investment Act.
12 Section 2-110. Signatures on checks or drafts.
13 Section 2-115. General manager; other appointments.
14 Section 2-120. Ordinances, rules, and regulations; fines
15 and penalties.
16 Section 2-130. Bids and advertisements.
17 Section 2-135. Report and financial statement.
18 Section 2-140. State financial support.
19 Section 2-145. Anti-trust laws.
20 Section 2-150. Tax exemption.
21 Section 2-155. Partial invalidity.
22 ARTICLE 175.
23 MILFORD CIVIC CENTER
24 (70 ILCS 220/7-1)
25 Section 175-1. Short title. Sec. 7-1. This Article shall
26 be known and may be cited as the Milford "Milford Civic
27 Center Law of 1997 Act".
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/7-2, in part)
30 Section 175-5. Definitions. Sec. 7-2. As used in this
31 Article, unless the context otherwise requires:
-251- LRB9000879DJcd
1 "Authority" means the Milford Metropolitan Exposition,
2 Auditorium and Office Building Authority.
3 "Board" means the governing and administrative body of
4 the Milford Metropolitan Exposition, Auditorium and Office
5 Building Authority.
6 "Metropolitan Area" means all that territory which lies
7 within the corporate boundaries of the Village of Milford.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/7-3, in part)
10 Section 175-10. Authority created; principal office. Sec.
11 7-3. There is hereby created a unit of local government known
12 as the Milford Metropolitan Exposition, Auditorium and Office
13 Building Authority in the metropolitan area.
14 The principal office of the Authority shall be in the
15 Village of Milford.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/7-11)
18 Section 175-12. Bonds; nature of indebtedness. Sec.
19 7-11. Under no circumstances shall any bonds issued by the
20 Authority be or become an indebtedness or obligation of the
21 State of Illinois or any unit of local government or school
22 district within the State, nor shall any such bond or
23 obligation be or become an indebtedness of the Authority
24 within the purview of any constitutional limitation or
25 provision, and it shall be plainly stated on the face of each
26 bond that it does not constitute such an indebtedness or
27 obligation but is payable solely from revenues or income.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/7-12)
30 Section 175-13. Investment in bonds. Sec. 7-12. The
31 State and all counties, cities, villages, incorporated towns
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1 and other units of local government and public bodies, and
2 public officers of any thereof, all banks, bankers, trust
3 companies, savings banks and institutions, building and loan
4 associations, savings and loan associations, investment
5 companies and other persons carrying on an insurance business
6 and all executors, administrators, guardians, trustees and
7 other fiduciaries may legally invest any sinking funds,
8 moneys or other funds belonging to them or within their
9 control in any bonds issued pursuant to this Article Act, it
10 being the purpose of this Section to authorize the investment
11 in such bonds of all sinking, insurance, retirement,
12 compensation, pension and trust funds, whether owned or
13 controlled by private or public persons or officers;
14 provided, however, that nothing contained in this Section may
15 be construed as relieving any person from any duty of
16 exercising reasonable care in selecting securities for
17 investment.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/7-13, in part)
20 Section 175-15. Board created. Sec. 7-13. The governing
21 and administrative body of the Authority shall be a board
22 consisting of 7 members and shall be known as the Milford
23 Metropolitan Exposition, Auditorium and Office Building
24 Board. The members of the board shall be individuals of
25 generally recognized ability and integrity.
26 (Source: P.A. 84-245.)
27 (70 ILCS 220/7-14, in part)
28 Section 175-20. Board members appointed. Sec. 7-14.
29 Within 60 days after September 3, 1985 (the effective date of
30 Article 7 of Public Act 84-245) this Act becomes effective,
31 the Village President of Milford, with the advice and consent
32 of the Milford Village Board of Trustees, shall appoint 7
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1 members of the Board, 2 members to be appointed for terms
2 expiring July 1, 1988, 2 members to be appointed for terms
3 expiring July 1, 1987, and 3 members to be appointed for
4 terms expiring July 1, 1986, such terms commencing on the
5 date each is appointed. At the expiration of the term of any
6 member, his successor shall be appointed by the Village
7 President of Milford in a like manner. All successors shall
8 hold office for a term of 3 years from the date of
9 appointment, except in case of an appointment to fill a
10 vacancy.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/7-25)
13 Section 175-25. Report and financial statement. Sec.
14 7-25. As soon after the end of each fiscal year as may be
15 expedient, the Board shall cause to be prepared and printed a
16 complete and detailed report and financial statement of its
17 operations and of its assets and liabilities. A reasonably
18 sufficient number of copies of such report shall be printed
19 for distribution to persons interested upon request, and a
20 copy thereof shall be filed with the county clerk and the
21 Village President of Milford.
22 (Source: P.A. 84-245.)
23 Section 175-30. Standard civic center provisions
24 incorporated by reference. The following Sections of this
25 Code are incorporated by reference into this Article:
26 Section 2-5. Definitions.
27 Section 2-10. Lawsuits; common seal.
28 Section 2-17. Duties; auditorium and other buildings.
29 Section 2-21. Rights and powers.
30 Section 2-25. Incurring obligations.
31 Section 2-36. Acquisition of property from person or
32 governmental agency.
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1 Section 2-40. Federal money.
2 Section 2-45. Insurance.
3 Section 2-51. Borrowing; revenue bonds; mandamus or other
4 actions to compel performance.
5 Section 2-75. Board members; financial matters; conflict
6 of interest.
7 Section 2-80. Board members' oath.
8 Section 2-83. Removal of Board member from office.
9 Section 2-85. Board members; vacancy in office.
10 Section 2-90. Organization of the Board.
11 Section 2-96. Meetings; action by 4 Board members.
12 Section 2-101. Secretary; treasurer; funds deposited in
13 bank or savings and loan association.
14 Section 2-106. Funds; compliance with Public Funds
15 Investment Act.
16 Section 2-110. Signatures on checks or drafts.
17 Section 2-115. General manager; other appointments.
18 Section 2-120. Ordinances, rules, and regulations; fines
19 and penalties.
20 Section 2-127. Contracts; award to other than highest or
21 lowest bidder by four-fifths vote.
22 Section 2-130. Bids and advertisements.
23 Section 2-140. State financial support.
24 Section 2-145. Anti-trust laws.
25 Section 2-150. Tax exemption.
26 ARTICLE 180.
27 NORMAL CIVIC CENTER
28 (70 ILCS 220/2-2)
29 Section 180-1. Short title. Sec. 2-2. This Article shall
30 be known and may be cited as the Normal Civic Center Law of
31 1997.
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/2-3, in part)
2 Section 180-5. Definitions. Sec. 2-3. When used in this
3 Article:
4 "Authority" means the Normal Civic Center Authority.
5 "Board" means the governing and administrative body of
6 the Normal Civic Center Authority.
7 "Metropolitan area" means all that territory in the State
8 of Illinois lying within the corporate boundaries of the City
9 of Normal in the County of McLean.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/2-4, in part)
12 Section 180-10. Authority created; principal office. Sec.
13 2-4. There is hereby created a political subdivision, body
14 politic and municipal corporation by the name and style of
15 the Normal Civic Center Authority in the metropolitan area.
16 The principal office of the Authority shall be in the
17 City of Normal.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/2-14, in part)
20 Section 180-15. Board created. Sec. 2-14. The governing
21 and administrative body of the Authority shall be a board
22 consisting of 9 members and shall be known as the Normal
23 Civic Center Authority Board. The members of the board shall
24 be individuals of generally recognized ability and integrity.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/2-15, in part)
27 Section 180-20. Board members appointed. Sec. 2-15.
28 Within 60 days after September 3, 1985 (the effective date of
29 Article 2 of Public Act 84-245), this Article becomes
30 effective: the Mayor of the City of Normal with the advice
31 and consent of the Normal City Council shall appoint 3
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1 members of the Board for initial terms expiring June 1, 1986;
2 3 members for initial terms expiring June 1, 1987; and 3
3 members for initial terms expiring June 1, 1988. The
4 successors of the initial members shall be appointed in like
5 manner for 3 year terms from the date of appointment, except
6 in case of an appointment to fill a vacancy.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/2-16, in part)
9 Section 180-25. Removal of Board members. Sec. 2-16. The
10 appointing officer, with the advice and consent of the Normal
11 City Council, may remove any member of the Board appointed by
12 him, in case of incompetency, neglect of duty, or malfeasance
13 in office, after service on him, by registered United States
14 mail, return requested, of a copy of the written charges
15 against him and an opportunity to be publicly heard in person
16 or by counsel in his own defense upon not less than 10 days'
17 notice.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/2-25, in part)
20 Section 180-30. Bidders; civil action to compel
21 compliance. Sec. 2-25. Any bidder who has submitted a bid in
22 compliance with the requirements for bidding under this
23 Article may bring a civil action in the circuit court of
24 McLean County in which the metropolitan area is located to
25 compel compliance with the provisions of this Article Act
26 relating to the awarding of contracts by the Board.
27 (Source: P.A. 84-245.)
28 Section 180-35. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
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1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-15. Duties; auditorium, recreational, and other
4 buildings; lease of space.
5 Section 2-20. Rights and powers, including eminent
6 domain.
7 Section 2-25. Incurring obligations.
8 Section 2-35. Acquisition of property from person,
9 State, or local agency.
10 Section 2-40. Federal money.
11 Section 2-45. Insurance.
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance.
14 Section 2-55. Bonds; nature of indebtedness.
15 Section 2-60. Investment in bonds.
16 Section 2-75. Board members; financial matters; conflict
17 of interest.
18 Section 2-80. Board members' oath.
19 Section 2-85. Board members; vacancy in office.
20 Section 2-90. Organization of the Board.
21 Section 2-95. Meetings; action by 5 Board members.
22 Section 2-100. Secretary; treasurer.
23 Section 2-105. Funds.
24 Section 2-110. Signatures on checks or drafts.
25 Section 2-115. General manager; other appointments.
26 Section 2-122. Rules and regulations; penalties.
27 Section 2-125. Contracts; award to other than highest or
28 lowest bidder by vote of 5 Board members.
29 Section 2-130. Bids and advertisements.
30 Section 2-135. Report and financial statement.
31 Section 2-140. State financial support.
32 Section 2-145. Anti-trust laws.
33 Section 2-150. Tax exemption.
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1 ARTICLE 185.
2 OAK PARK CIVIC CENTER
3 (70 ILCS 220/10-1)
4 Section 185-1. Short title. Sec. 10-1. This Article
5 shall be known and may be cited as the Oak Park Civic Center
6 Law of 1997.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/10-2, in part)
9 Section 185-5. Definitions. Sec. 10-2. When used in this
10 Article:
11 "Authority" means the Oak Park Civic Center Authority.
12 "Board" means the governing and administrative body of
13 the Oak Park Civic Center Authority.
14 "Metropolitan area" means all that territory in the State
15 of Illinois lying within the corporate limits of the Village
16 of Oak Park.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/10-3, in part)
19 Section 185-10. Authority created; principal office.
20 Sec. 10-3. There is hereby created a political subdivision,
21 body politic and municipal corporation by the name and style
22 of the Oak Park Civic Center Authority in the metropolitan
23 area.
24 The principal office of the Authority shall be in the
25 Village of Oak Park.
26 (Source: P.A. 84-245.)
27 (70 ILCS 220/10-5)
28 Section 185-15. Rights and powers. Sec. 10-5. The
29 Authority shall have the following rights and powers duties:
30 (a) To acquire, purchase, own, construct, lease as
-259- LRB9000879DJcd
1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain fair
3 expositions grounds, convention or exhibition centers, civic
4 auditoriums, and office and county buildings, including sites
5 and parking areas and facilities therefor located within the
6 metropolitan area.
7 (b) To enter into contracts treating in any manner with
8 the objects and purposes of this Article Act.
9 (c) To plan for such grounds, centers and auditoriums
10 and to plan, sponsor, hold, arrange, and finance fairs,
11 industrial, cultural, educational, trade and scientific
12 exhibits, shows and events and to use or allow the use of
13 such grounds, centers and auditoriums for the holding of
14 fairs, exhibits, shows and events whether conducted by the
15 Authority or some other person or governmental agency.
16 (d) To exercise the right of eminent domain to acquire
17 sites for such grounds, centers, buildings and auditoriums,
18 and parking areas and facilities in the manner provided for
19 the exercise of the right of eminent domain under Article VII
20 of the Code of Civil Procedure, as amended.
21 (e) To fix and collect just, reasonable and
22 nondiscriminatory charges and rents for the use of such
23 parking areas and facilities, grounds, centers, buildings and
24 auditoriums and admission charges to fairs, shows, exhibits
25 and events sponsored or held by the Authority. The charges
26 collected may be made available to defray the reasonable
27 expenses of the Authority and to pay the principal of and the
28 interest on any bonds issued by the Authority.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/10-10)
31 Section 185-20. Borrowing; revenue bonds. Sec. 10-10. The
32 Authority shall have continuing power to borrow money for the
33 purpose of carrying out and performing its duties and
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1 exercising its powers under this Article Act.
2 For the purpose of evidencing the obligation of the
3 Authority to repay any money borrowed as aforesaid, the
4 Authority may, pursuant to an ordinance adopted by the Board,
5 from time to time issue and dispose of its interest bearing
6 revenue bonds, and may also from time to time issue and
7 dispose of its interest bearing revenue bonds to refund any
8 bonds at maturity or pursuant to redemption provisions or at
9 any time before maturity with the consent of the holders
10 thereof. All such bonds shall be payable solely from the
11 revenues or income to be derived from the fairs, expositions,
12 exhibitions, rentals and leases and other authorized
13 activities operated by it, and from funds, if any, received
14 and to be received by the Authority from any other source.
15 Such bonds may bear such date or dates, may mature at such
16 time or times not exceeding 40 years from their respective
17 dates, may bear interest at such rate or rates, not exceeding
18 the maximum rate authorized by the Bond Authorization Act, as
19 amended at the time of the making of the contract, may be in
20 such form, may carry such registration privileges, may be
21 executed in such manner, may be payable at such place or
22 places, may be made subject to redemption in such manner and
23 upon such terms, with or without premium as is stated on the
24 face thereof, may be executed in such manner and may contain
25 such terms and covenants, all as may be provided in said
26 ordinance. In case any officer whose signature appears on
27 any bond ceases (after attaching his signature) to hold
28 office,; his signature shall nevertheless be valid and
29 effective for all purposes. The holder or holders of any
30 bonds, or interest coupons appertaining thereto issued by the
31 Authority may bring mandamus, injunction, or other civil
32 actions or and proceedings to compel the performance and
33 observance by the Authority or any of its officers, agents or
34 employees of or any contract or covenant made by the
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1 Authority with the holders of such bonds or interest coupons,
2 and to compel the Authority and any of its officers, agents
3 or employees to perform any duties required to be performed
4 for the benefit of the holders of any such bonds or interest
5 coupons by the provisions of the ordinance authorizing their
6 issuance, and to enjoin the Authority and any of its
7 officers, agents or employees from taking any action in
8 conflict with any action in conflict with any such contract
9 or covenant.
10 Notwithstanding the form and tenor of any such bonds and
11 in the absence of any express recital on the face thereof
12 that it is nonnegotiable, all such bonds shall be negotiable
13 instruments under the Uniform Commercial Code of the State of
14 Illinois.
15 The bonds shall be sold by the corporate authorities of
16 the Authority in such manner as said corporate authorities
17 shall determine, except that if issued to bear interest at
18 the maximum rate authorized by the Bond Authorization Act, as
19 amended at the time of the making of the contract, the bonds
20 shall be sold for not less than par and accrued interest and
21 except that the selling price of bonds bearing interest at a
22 rate of less than the maximum rate authorized by the Bond
23 Authorization Act, as amended at the time of the making of
24 the contract, shall be such that the interest cost to the
25 Authority of the money received from the sale of bonds shall
26 not exceed the maximum rate authorized by the Bond
27 Authorization Act, as amended at the time of the making of
28 the contract, computed to absolute maturity of said bonds or
29 certificates according to standard tables of bond values.
30 From and after the issuance of any bonds as herein
31 provided it shall be the duty of the corporate authorities of
32 the Authority to fix and establish rates, charges, rents, and
33 fees for the use of facilities acquired, constructed,
34 reconstructed, extended or improved with the proceeds of the
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1 sale of said bonds sufficient at all times, with other
2 revenues of the Authority to pay:
3 (a) the cost of maintaining, repairing, regulating and
4 operating the said facilities; and
5 (b) the bonds and interest thereon as they shall become
6 due, and all sinking fund requirements and other requirements
7 provided by the ordinance authorizing the issuance of the
8 bonds or as provided by any trust agreement executed to
9 secure payment thereof.
10 To secure the payment of any or all of such bonds and for
11 the purpose of setting forth the covenants and undertakings
12 of the Authority in connection with the issuance thereof and
13 the issuance of any additional bonds payable from such
14 revenue income to be derived from the fairs, recreational,
15 theatrical, cultural, expositions, sport activities,
16 exhibitions, office rentals, and air space leases and
17 rentals, and other revenue, if any, the Authority may execute
18 and deliver a trust agreement or agreements; provided that no
19 lien upon any physical property of the Authority shall be
20 created thereby.
21 A remedy for any breach or default of the terms of any
22 such trust agreement by the Authority may be by mandamus,
23 injunction, or other civil actions or and proceedings in any
24 court of competent jurisdiction to compel performance and
25 compliance therewith, but the trust agreement may prescribe
26 by whom or on whose behalf such action may be instituted.
27 Before any such bonds (excepting refunding bonds) are
28 sold the entire authorized issue, or any part thereof, shall
29 be offered for sale as a unit after advertising for bids at
30 least 3 times in a daily newspaper of general circulation
31 published in the metropolitan area, the last publication to
32 be at least 10 days before bids are required to be filed.
33 Copies of such advertisement may be published in any
34 newspaper or financial publication in the United States. All
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1 bids shall be sealed, filed and opened as provided by
2 ordinance and the bonds shall be awarded to the highest and
3 best bidder or bidders therefor. The Authority shall have the
4 right to reject all bids and readvertise for bids in the
5 manner provided for in the initial advertisement. However, if
6 no bids are received such bonds may be sold at not less than
7 par value, without further advertising, within 60 days after
8 the bids are required to be filed pursuant to any
9 advertisement.
10 With respect to instruments for the payment of money
11 issued under this Section either before, on, or after the
12 effective date of this amendatory Act of 1989, it is and
13 always has been the intention of the General Assembly (i)
14 that the Omnibus Bond Acts are and always have been
15 supplementary grants of power to issue instruments in
16 accordance with the Omnibus Bond Acts, regardless of any
17 provision of this Article Act that may appear to be or to
18 have been more restrictive than those Acts, (ii) that the
19 provisions of this Section are not a limitation on the
20 supplementary authority granted by the Omnibus Bond Acts, and
21 (iii) that instruments issued under this Section within the
22 supplementary authority granted by the Omnibus Bond Acts are
23 not invalid because of any provision of this Article Act that
24 may appear to be or to have been more restrictive than those
25 Acts.
26 (Source: P.A. 86-4.)
27 (70 ILCS 220/10-11)
28 Section 185-25. Bonds; nature of indebtedness. Sec.
29 10-11. Under no circumstances shall any bonds issued by the
30 Authority under Section 185-20 10-10 be or become an
31 indebtedness or obligation of the State of Illinois or of any
32 other political subdivision of or municipality within the
33 State, nor shall any such bond or obligation be or become an
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1 indebtedness of the Authority within the purview of any
2 constitutional limitation or provision, and it shall be
3 plainly stated on the face of each bond that it does not
4 constitute such an indebtedness or obligation but is payable
5 solely from the revenues or income as aforesaid.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/10-13)
8 Section 185-30. Bonds other than revenue bonds; election.
9 Sec. 10-13. No bonds, other than revenue bonds issued
10 pursuant to Section 185-20 10, shall be issued by the
11 Authority until the proposition to issue the same has been
12 submitted to and approved by a majority of the voters of said
13 metropolitan area voting upon the proposition at a general
14 election in accordance with the general election law. The
15 Authority may by resolution order such proposition submitted
16 at a regular election in accordance with the general election
17 law, whereupon the recording officer shall certify the
18 resolution and the proposition to the proper election
19 officials for submission. Any proposition to issue bonds as
20 herein set forth shall be in substantially the following
21 form:
22 -------------------------------------------------------------
23 Shall bonds of the "Oak Park Civic
24 Center Authority" YES
25 to the amount of.... Dollars -------------------------
26 ($ ) be issued for the purpose NO
27 of....?
28 -------------------------------------------------------------
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/10-14)
31 Section 185-35. Tax. Sec. 10-14. If a majority of the
32 voters of said metropolitan area approve the issuance of
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1 bonds as provided in Section 185-30 10-13 of this Article,
2 the Authority shall have power to levy and collect annually a
3 sum sufficient to pay for the annual principal and interest
4 charges on such bonds.
5 Such taxes proposed by the Authority to be levied upon
6 the taxable property within the metropolitan area shall be
7 levied by ordinance. After the ordinance has been adopted it
8 shall, within 10 days after its passage, be published once in
9 a newspaper published and having a general circulation within
10 the metropolitan area. A certified copy of such levy
11 ordinance shall be filed with the county clerk no later than
12 the 3rd Tuesday in September in each year. Thereupon the
13 county clerk shall extend such tax; provided the aggregate
14 amount of taxes levied for any one year shall not exceed the
15 rate of .0005% of the full fair cash value, as equalized or
16 assessed by the Department of Revenue.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/10-15, in part)
19 Section 185-40. Board created. Sec. 10-15. The governing
20 and administrative body of the Authority shall be a board
21 consisting of 9 members and shall be known as the Oak Park
22 Civic Center Board. The members of the board shall be
23 individuals of generally recognized ability and integrity.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/10-16, in part)
26 Section 185-45. Board members appointed. Sec. 10-16.
27 Within 60 days after September 3, 1985 (the effective date of
28 Article 10 of Public Act 84-245), this Article becomes
29 effective the President of the Village Oak Park shall appoint
30 9 members of the Oak Park Civic Center Authority with the
31 advice and consent of the Board of Trustees of the Village of
32 Oak Park, 3 members to be appointed for terms of 1 year, 3
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1 members to be appointed for terms of 2 years, and 3 members
2 to be appointed for terms of 3 years, such terms commencing
3 on the date each is appointed. At the expiration of the term
4 of any member, his successor shall be appointed in like
5 manner. All successors shall hold office for a term of 3
6 years from the date of appointment, except in case of an
7 appointment to fill a vacancy.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/10-28)
10 Section 185-50. Report and financial statement. Sec.
11 10-28. As soon after the end of each fiscal year as may be
12 expedient, the Board shall cause to be prepared and printed a
13 complete and detailed report and financial statement of its
14 operations and of its assets and liabilities. A reasonably
15 sufficient number of copies of such report shall be printed
16 for distribution to persons interested, upon request and a
17 copy thereof shall be filed with the County Clerk of Cook
18 County and the President of the Village of Oak Park.
19 (Source: P.A. 84-245.)
20 Section 185-55. Standard civic center provisions
21 incorporated by reference. The following Sections of this
22 Code are incorporated by reference into this Article:
23 Section 2-5. Definitions.
24 Section 2-10. Lawsuits; common seal.
25 Section 2-16. Duties; auditorium and other buildings;
26 lease of space.
27 Section 2-25. Incurring obligations.
28 Section 2-35. Acquisition of property from person, State,
29 or local agency.
30 Section 2-40. Federal money.
31 Section 2-45. Insurance.
32 Section 2-60. Investment in bonds.
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1 Section 2-76. Board members; financial matters;
2 compensation for secretary or treasurer; conflict of
3 interest.
4 Section 2-80. Board members' oath.
5 Section 2-83. Removal of Board member from office.
6 Section 2-85. Board members; vacancy in office.
7 Section 2-90. Organization of the Board.
8 Section 2-95. Meetings; action by 5 Board members.
9 Section 2-101. Secretary; treasurer; funds deposited in
10 bank or savings and loan association.
11 Section 2-106. Funds; compliance with Public Funds
12 Investment Act.
13 Section 2-110. Signatures on checks or drafts.
14 Section 2-115. General manager; other appointments.
15 Section 2-120. Ordinances, rules, and regulations; fines
16 and penalties.
17 Section 2-127. Contracts; award to other than highest or
18 lowest bidder by four-fifths vote.
19 Section 2-130. Bids and advertisements.
20 Section 2-140. State financial support.
21 Section 2-145. Anti-trust laws.
22 Section 2-150. Tax exemption.
23 ARTICLE 190. ORLAND PARK CIVIC CENTER
24 (70 ILCS 270/4-1)
25 Section 190-1. Short title. Sec. 4-1. This Article 4
26 shall be known and may be cited as the Orland "Orland Park
27 Civic Center Law of 1997 Act".
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/4-2, in part)
30 Section 190-5. Definitions. Sec. 4-2. As used in this
31 Article, unless the context otherwise requires:
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1 "Authority" means the Orland Park Metropolitan
2 Exposition, Auditorium and Office Building Authority.
3 "Board" means the governing and administrative body of
4 the Orland Park Metropolitan Exposition, Auditorium and
5 Office Building Authority.
6 "Metropolitan area" means all that territory which lies
7 within the corporate boundaries of the Village of Orland
8 Park.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/4-3, in part)
11 Section 190-10. Authority created; principal office.
12 Sec. 4-3. There is hereby created a unit of local government
13 known as the Orland Park Metropolitan Exposition, Auditorium
14 and Office Building Authority in the metropolitan area.
15 The principal office of the Authority shall be in the
16 Village of Orland Park.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/4-11)
19 Section 190-15. Bonds; nature of indebtedness. Sec.
20 4-11. Under no circumstances shall any bonds issued by the
21 Authority be or become an indebtedness or obligation of the
22 State of Illinois or any unit of local government or school
23 district within the State, nor shall any such bond or
24 obligation be or become an indebtedness of the Authority
25 within the purview of any constitutional limitation or
26 provision, and it shall be plainly stated on the face of each
27 bond that it does not constitute such an indebtedness or
28 obligation but is payable solely from revenues or income.
29 (Source: P.A. 83-1456.)
30 (70 ILCS 270/4-12)
31 Section 190-20. Investment in bonds. Sec. 4-12. The
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1 State and all counties, cities, villages, incorporated towns
2 and other units of local government and public bodies, and
3 public officers of any thereof, all banks, bankers, trust
4 companies, savings banks and institutions, building and loan
5 associations, savings and loan associations, investment
6 companies and other persons carrying on an insurance business
7 and all executors, administrators, guardians, trustees and
8 other fiduciaries may legally invest any sinking funds,
9 moneys or other funds belonging to them or within their
10 control in any bonds issued pursuant to this Article Act, it
11 being the purpose of this Section to authorize the investment
12 in such bonds of all sinking, insurance, retirement,
13 compensation, pension and trust funds, whether owned or
14 controlled by private or public persons or officers;
15 provided, however, that nothing contained in this Section may
16 be construed as relieving any person from any duty of
17 exercising reasonable care in selecting securities for
18 investment.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/4-13)
21 Section 190-25. Bonds other than revenue bonds. Sec.
22 4-13. No bonds, other than revenue bonds issued pursuant to
23 Section 2-51 4-10, shall be issued by the Authority until the
24 proposition to issue the same has been submitted to and
25 approved by a majority of the voters of said metropolitan
26 area voting upon the proposition at a general election in
27 accordance with the general election law. The Authority may
28 by resolution order such proposition submitted at a regular
29 election in accordance with the general election law,
30 whereupon the recording officer shall certify the resolution
31 and the proposition to the proper election officials for
32 submission. Any proposition to issue bonds as herein set
33 forth shall be in substantially the following form:
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1 -------------------------------------------------------------
2 Shall bonds of the "Orland Park YES
3 Metropolitan Exposition,
4 Auditorium and Office Building ----------------------
5 Authority" to the amount of.....
6 Dollars ($ ) be issued for the
7 purpose of....? NO
8 -------------------------------------------------------------
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/4-14)
11 Section 190-30. Tax. Sec. 4-14. If a majority of the
12 voters of said metropolitan area approve the issuance of
13 bonds as provided in Section 190-25 4-13 of this Act, the
14 Authority shall have power to levy and collect annually a sum
15 sufficient to pay for the annual principal and interest
16 charges on such bonds.
17 Such taxes proposed by the Authority to be levied upon
18 the taxable property within the metropolitan area shall be
19 levied by ordinance. After the ordinance has been adopted it
20 shall, within 10 days after its passage, be published once in
21 a newspaper published and having a general circulation within
22 the metropolitan area. A certified copy of such levy
23 ordinance shall be filed with the county clerk no later than
24 the 3rd Tuesday in September in each year. Thereupon the
25 county clerk shall extend such tax; provided the aggregate
26 amount of taxes levied for any one year shall not exceed the
27 rate of .0005% of the full fair cash value of the taxable
28 property in the metropolitan area, as equalized or assessed
29 by the Department of Revenue.
30 (Source: P.A. 83-1456.)
31 (70 ILCS 270/4-15, in part)
32 Section 190-35. Board created. Sec. 4-15. The governing
-271- LRB9000879DJcd
1 and administrative body of the Authority shall be a board
2 consisting of 7 members and shall be known as the Orland Park
3 Metropolitan Exposition Auditorium and Office Building Board.
4 The members of the board shall be individuals of generally
5 recognized ability and integrity.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/4-16, in part)
8 Section 190-40. Board members appointed. Sec. 4-16.
9 Within 60 days after September 17, 1984 (the effective date
10 of Article 4 of Public Act 83-1456) this Act becomes
11 effective, the Village President of Orland Park, with the
12 advice and consent of the Orland Park Village Board of
13 Trustees, shall appoint 7 members of the Board, 2 members to
14 be appointed for terms of one year, 2 members to be appointed
15 for terms of 2 years, and 3 members to be appointed for terms
16 of 3 years, such terms commencing on the date each is
17 appointed. One of the members appointed may be a
18 representative from the Orland Park Village Board of
19 Trustees. At the expiration of the term of any member, his
20 successor shall be appointed by the Village President of
21 Orland Park in a like manner. All successors shall hold
22 office for a term of 3 years from the date of appointment,
23 except in case of an appointment to fill a vacancy.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 270/4-23)
26 Section 190-45. General manager; other appointments.
27 Sec. 4-23. The Board may appoint a general manager who shall
28 be a person of recognized ability and business experience to
29 hold office at the pleasure of the Board. The general
30 manager shall manage the properties and business of the
31 Authority and of the employees thereof subject to the general
32 control of the Board, and shall direct the enforcement of all
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1 ordinances, resolutions, rules and regulations of the Board,
2 and shall perform such other duties as may be prescribed from
3 time to time by the Board. The Board may delegate its
4 authority to appoint and act as employer to the governing
5 body of the Village of Orland Park, and any such delegation
6 of power occurring before September 26, 1991 (the effective
7 date of Public Act 87-738) the effective date of this
8 amendatory Act of 1991 is hereby validated.
9 The Board may appoint a general attorney and a chief
10 engineer and shall provide for the appointment of such other
11 officers, attorneys, engineers, consultants, agents and
12 employees as may be necessary. The Board shall define their
13 duties and require bonds of such of them as the Board may
14 designate.
15 The general manager, general attorney, chief engineer,
16 and all other officers provided for pursuant to this Section
17 shall be exempt from taking and subscribing any oath of
18 office and shall not be members of the Board.
19 The compensation of the general manager, general
20 attorney, chief engineer, and all other officers, attorneys,
21 consultants, agents and employees shall be fixed by the
22 Board.
23 (Source: P.A. 87-738.)
24 (70 ILCS 270/4-27)
25 Section 190-50. Report and financial statement. Sec.
26 4-27. As soon after the end of each fiscal year as may be
27 expedient, the Board shall cause to be prepared and printed a
28 complete and detailed report and financial statement of its
29 operations and of its assets and liabilities. A reasonably
30 sufficient number of copies of such report shall be printed
31 for distribution to persons interested upon request, and a
32 copy thereof shall be filed with the county clerk and the
33 Village President of Orland Park.
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1 (Source: P.A. 83-1456.)
2 Section 190-55. Standard civic center provisions
3 incorporated by reference. The following Sections of this
4 Code are incorporated by reference into this Article:
5 Section 2-5. Definitions.
6 Section 2-10. Lawsuits; common seal.
7 Section 2-17. Duties; auditorium and other buildings.
8 Section 2-21. Rights and powers.
9 Section 2-25. Incurring obligations.
10 Section 2-30. Prompt payment.
11 Section 2-36. Acquisition of property from person or
12 governmental agency.
13 Section 2-40. Federal money.
14 Section 2-45. Insurance.
15 Section 2-51. Borrowing; revenue bonds; mandamus or other
16 actions to compel performance.
17 Section 2-75. Board members; financial matters; conflict
18 of interest.
19 Section 2-80. Board members' oath.
20 Section 2-83. Removal of Board member from office.
21 Section 2-85. Board members; vacancy in office.
22 Section 2-90. Organization of the Board.
23 Section 2-96. Meetings; action by 4 Board members.
24 Section 2-101. Secretary; treasurer; funds deposited in
25 bank or savings and loan association.
26 Section 2-106. Funds; compliance with Public Funds
27 Investment Act.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-120. Ordinances, rules, and regulations; fines
30 and penalties.
31 Section 2-127. Contracts; award to other than highest or
32 lowest bidder by four-fifths vote.
33 Section 2-130. Bids and advertisements.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 195. OTTAWA CIVIC CENTER
5 (70 ILCS 325/5-2)
6 Section 195-1. Short title. Sec. 5-2. This Article
7 shall be known and may be cited as the Ottawa Civic Center
8 Law of 1997.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/5-3, in part)
11 Section 195-5. Definitions. Sec. 5-3. When used in this
12 Article:
13 "Authority" means the Ottawa Civic Center Authority.
14 "Board" means the governing and administrative body of
15 the Ottawa Civic Center Authority.
16 "Metropolitan area" means all that territory in the State
17 of Illinois lying within the corporate boundaries of the City
18 of Ottawa in the County of LaSalle.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/5-4, in part)
21 Section 195-10. Authority created; principal office.
22 Sec. 5-4. There is hereby created a political subdivision,
23 body politic and municipal corporation by the name and style
24 of the Ottawa Civic Center Authority in the metropolitan
25 area.
26 The principal office of the Authority shall be in the
27 City of Ottawa.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/5-14, in part)
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1 Section 195-15. Board created. Sec. 5-14. The
2 governing and administrative body of the Authority shall be a
3 board consisting of 9 members and shall be known as the
4 Ottawa Civic Center Authority Board. The members of the
5 Board shall be individuals of generally recognized ability
6 and integrity.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/5-15, in part)
9 Section 195-20. Board members appointed. Sec. 5-15.
10 Within 60 days after September 11, 1989 (the effective date
11 of Article 5 of Public Act 86-907) this Article becomes
12 effective, the Mayor of the City of Ottawa, with the advice
13 and consent of the Ottawa City Council, shall appoint 3
14 members of the Board for initial terms expiring June 1, 1990;
15 3 members for initial terms expiring June 1, 1991; and 3
16 members for initial terms expiring June 1, 1992. The
17 successors of the initial members shall be appointed in like
18 manner for 3 year terms from the date of appointment, except
19 in case of an appointment to fill a vacancy.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/5-16, in part)
22 Section 195-25. Removal of Board members. Sec. 5-16. The
23 Mayor of the City of Ottawa, with the advice and consent of
24 the Ottawa City Council, may remove any member of the Board
25 appointed by him or her, in case of incompetency, neglect of
26 duty or malfeasance in office, after service on the member,
27 by registered United States mail, return receipt requested,
28 of a copy of the written charges against him or her and an
29 opportunity to be publicly heard in person or by counsel in
30 his or her own defense upon not less than 10 days notice.
31 (Source: P.A. 86-907.)
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1 (70 ILCS 325/5-26)
2 Section 195-30. Report and financial statement. Sec.
3 5-26. As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested upon request and a
9 copy thereof shall be filed with the county clerk and the
10 Mayor of the City of Ottawa.
11 (Source: P.A. 86-907.)
12 Section 195-35. Standard civic center provisions
13 incorporated by reference. The following Sections of this
14 Code are incorporated by reference into this Article:
15 Section 2-3. Purpose.
16 Section 2-5. Definitions.
17 Section 2-10. Lawsuits; common seal.
18 Section 2-15. Duties; auditorium, recreational, and other
19 buildings; lease of space.
20 Section 2-20. Rights and powers, including eminent
21 domain.
22 Section 2-25. Incurring obligations.
23 Section 2-30. Prompt payment.
24 Section 2-35. Acquisition of property from person,
25 State, or local agency.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-50. Borrowing; revenue bonds; suits to compel
29 performance.
30 Section 2-55. Bonds; nature of indebtedness.
31 Section 2-60. Investment in bonds.
32 Section 2-75. Board members; financial matters; conflict
33 of interest.
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1 Section 2-80. Board members' oath.
2 Section 2-85. Board members; vacancy in office.
3 Section 2-90. Organization of the Board.
4 Section 2-95. Meetings; action by 5 Board members.
5 Section 2-100. Secretary; treasurer.
6 Section 2-105. Funds.
7 Section 2-110. Signatures on checks or drafts.
8 Section 2-115. General manager; other appointments.
9 Section 2-122. Rules and regulations; penalties.
10 Section 2-125. Contracts; award to other than highest or
11 lowest bidder by vote of 5 Board members.
12 Section 2-130. Bids and advertisements.
13 Section 2-132. Bidders; civil action to compel
14 compliance.
15 Section 2-140. State financial support.
16 Section 2-145. Anti-trust laws.
17 Section 2-150. Tax exemption.
18 ARTICLE 200. PEKIN CIVIC CENTER
19 (70 ILCS 320/2-1)
20 Section 200-1. Short title. Sec. 2-1. This Article
21 shall be known and may be cited as the Pekin Civic Center
22 Authority Law of 1997.
23 (Source: P.A. 83-1528.)
24 (70 ILCS 320/2-2, in part)
25 Section 200-5. Definitions. Sec. 2-2. When used in this
26 Article Act:
27 "Authority" means the Pekin Civic Center Authority.
28 "Board" means the governing and administrative body of
29 the Pekin Civic Center Authority.
30 "Metropolitan area" means all that territory which is in
31 the corporate boundaries of the City of Pekin.
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1 (Source: P.A. 83-1435.)
2 (70 ILCS 320/2-3, in part)
3 Section 200-10. Authority created; principal office.
4 Sec. 2-3. There is hereby created a political subdivision,
5 body politic and municipal corporation by the name and style
6 of the Pekin Civic Center Authority in the metropolitan area.
7 The principal offices of the Authority shall be within
8 the metropolitan area.
9 (Source: P.A. 83-1435.)
10 (70 ILCS 320/2-5)
11 Section 200-15. Rights and powers. Sec. 2-5. The
12 Authority shall have the following rights and powers duties:
13 (a) To acquire, purchase, own, construct, lease as
14 lessee or in any other way acquire, improve, extend, repair,
15 reconstruct, regulate, operate, equip and maintain
16 exhibitions grounds, convention or exhibition centers, civic
17 auditoriums, and office and municipal buildings, including
18 sites and parking areas and facilities therefor located
19 within the metropolitan area.
20 (b) To enter into contracts treating in any manner with
21 the objects and purposes of this Article Act.
22 (c) To plan for such grounds, centers and auditoriums
23 and to plan, sponsor, hold, arrange and finance fairs,
24 industrial, cultural, educational, trade and scientific
25 exhibits, shows and events and to use or allow the use of
26 such grounds, centers and auditoriums for the holding of
27 fairs, exhibits, shows and events whether conducted by the
28 Authority or some other person or governmental agency.
29 (d) To exercise the right of eminent domain to acquire
30 sites for such grounds, centers, buildings and auditoriums,
31 and parking areas and facilities in the manner provided for
32 by Article VII of the Code of Civil Procedure.
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1 (e) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds, centers, buildings and
4 auditoriums and admission charges to fairs, shows, exhibits
5 and events sponsored or held by the Authority. The charges
6 collected may be made available to defray the reasonable
7 expenses of the Authority and to pay the principal of and the
8 interest on any bonds issued by the Authority.
9 (Source: P.A. 83-1528.)
10 (70 ILCS 320/2-11)
11 Section 200-20. Bonds; nature of indebtedness. Sec.
12 2-11. Under no circumstances, except by express written
13 agreement of the Authority and the State or a political
14 subdivision or subdivision adopted pursuant to Article VII,
15 Section 10, of the Constitution, shall any bonds issued by
16 the Authority be or become an indebtedness or obligation of
17 the State of Illinois or of any other political subdivision
18 of or municipality within the State, nor shall any such bond
19 or obligation be or become an indebtedness of the Authority
20 within the purview of any constitutional limitation or
21 provision, and it shall be plainly stated on the face of each
22 bond that it does not constitute such an indebtedness or
23 obligation but is payable solely from the revenues or income
24 as aforesaid.
25 (Source: P.A. 83-1435.)
26 (70 ILCS 320/2-13)
27 Section 200-25. Bonds other than revenue bonds;
28 election. Sec. 2-13. No bonds, other than revenue bonds
29 issued pursuant to Section 2-50 2-10, or bonds issued
30 pursuant to an intergovernmental agreement as contemplated by
31 the exception contained in Section 200-20 2-11, shall be
32 issued by the Authority until the proposition to issue the
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1 same has been submitted to and approved by a majority of the
2 voters of said metropolitan area voting upon the proposition
3 at a general election, after at least 10 days notice of such
4 submission has been given by publishing said notice one time
5 in one or more newspapers published in said metropolitan
6 area. Any proposition to issue bonds as herein set forth
7 shall be submitted upon ballot separate and distinct from any
8 other ballot and may be in substantially the following form:
9 -------------------------------------------------------------
10 Shall bonds of the "Pekin
11 Civic Center Authority" to YES
12 the amount of ___________ Dollars ---------------------
13 ($ ) be issued for the NO
14 purpose of ?
15 -------------------------------------------------------------
16 (Source: P.A. 83-1435.)
17 (70 ILCS 320/2-14)
18 Section 200-30. Tax. Sec. 2-14. If a majority of the
19 voters of said metropolitan area approve the issuance of
20 bonds as provided in Section 200-25 2-13 of this Act, or if
21 an intergovernmental agreement is executed with a political
22 subdivision or subdivisions for the issuance of full faith
23 and credit bonds, the Authority shall have power to levy and
24 collect annually a sum sufficient to pay for the annual
25 principal and interest charges on such bonds; provided, that
26 such tax levy shall be reduced by a sum equal to such grants
27 or matching grants as the Authority shall receive, in any
28 year, for this purpose and provided, in the case of bonds
29 issued pursuant to intergovernmental agreement, said tax is
30 valid only within the subdivisions executing the agreement
31 with the Authority.
32 Such taxes proposed by the Authority to be levied upon
33 the taxable property within the metropolitan area shall be
-281- LRB9000879DJcd
1 levied by ordinance. After the ordinance has been adopted it
2 shall, within 10 days after its passage, be published once in
3 a newspaper published and having a general circulation within
4 the metropolitan area. A certified copy of such levy
5 ordinance shall be filed with the county clerk no later than
6 the 3rd Tuesday in September in each year. Thereupon the
7 county clerk shall extend such tax; provided the aggregate
8 amount of taxes levied for any one year shall not exceed the
9 rate of .05% of the value of the taxable property of the
10 metropolitan area, as equalized or assessed by the Department
11 of Revenue Commerce and Community Affairs.
12 (Source: P.A. 83-1435.)
13 (70 ILCS 320/2-15, in part)
14 Section 200-35. Board created. Sec. 2-15. The governing
15 and administrative body of the Authority shall be a board
16 consisting of 7 members and shall be known as the Pekin Civic
17 Center Authority Board. The members of the board shall be
18 individuals of generally recognized ability and integrity.
19 (Source: P.A. 83-1435.)
20 (70 ILCS 320/2-16, in part)
21 Section 200-40. Board members appointed. Sec. 2-16.
22 Within 60 days after September 16, 1984 (the effective date
23 of Article II of Public Act 83-1435) this Act becomes
24 effective, the Mayor of Pekin with the advice and consent of
25 the Pekin City Council shall appoint 7 members of the Board,
26 2 members to be appointed for terms of one year, 2 members to
27 be appointed for terms of 2 years, and 3 members to be
28 appointed for terms of 3 years, such terms commencing on the
29 date each is appointed. One of the members appointed may be
30 a representative from the Pekin City Council. At the
31 expiration of the term of any member, his successor shall be
32 appointed by the Mayor of Pekin in a like manner. All
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1 successors shall hold office for a term of 3 years from the
2 date of appointment, except in case of an appointment to fill
3 a vacancy.
4 (Source: P.A. 83-1435.)
5 (70 ILCS 320/2-19)
6 Section 200-45. Meetings; quorum; approval of ordinances
7 and resolutions by chairman; public records. Sec. 2-19.
8 Regular meetings of the Board shall be held at least once in
9 each calendar month, the time and place of such meetings to
10 be fixed by the Board.
11 Four members of the Board shall constitute a quorum for
12 the transaction of business. All action of the Board shall
13 be by ordinance or resolution and the affirmative vote of at
14 least 4 members shall be necessary for the adoption of any
15 ordinance or resolution.
16 All such ordinances and resolutions before taking effect
17 shall be approved by the chairman of the Board, and if he
18 shall approve thereof he shall sign the same, and such as he
19 shall not approve he shall return to the Board with his
20 objections thereto in writing at the next regular meeting of
21 the Board occurring after the passage thereof. But in case
22 the chairman shall fail to return any ordinance or resolution
23 with his objections thereto by the time aforesaid, he shall
24 be deemed to have approved the same and it shall take effect
25 accordingly. Upon the return of any ordinance or resolution
26 by the chairman with his objections, the vote by which the
27 same was passed shall be reconsidered by the Board, and if
28 upon such reconsideration said ordinance or resolution is
29 passed by the affirmative vote of at least 5 members, it
30 shall go into effect notwithstanding the veto of the
31 chairman.
32 All ordinances, resolutions and all proceedings of the
33 Authority and all documents and records in its possession
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1 shall be public records, and open to public inspection,
2 except such documents and records as shall be kept or
3 prepared by the Board for use in negotiations, actions or
4 proceedings to which the Authority is a party.
5 (Source: P.A. 83-1435.)
6 (70 ILCS 320/2-25)
7 Section 200-50. Contracts. Sec. 2-25. All contracts for
8 sale of property of the value of more than $2500 or for any
9 an concession in or lease of property, including air rights,
10 of the Authority for a term of more than one year shall be
11 awarded to the highest responsible bidder, after advertising
12 for bids. All construction contracts and contracts for
13 supplies, materials, equipment and services, when the expense
14 thereof will exceed $2500, shall be let to the lowest
15 responsible bidder, after advertising for bids, excepting (1)
16 when repair parts, accessories, equipment or services are
17 required for equipment or services previously furnished or
18 contracted for; (2) when the nature of the services required
19 is such that competitive bidding is not in the best interest
20 of the public, including, without limiting the generality of
21 the foregoing, the services of accountants, architects,
22 attorneys, engineers, physicians, superintendents of
23 construction, and others possessing a high degree of skill;
24 and (3) when services such as water, light, heat, power,
25 telephone or telegraph are required.
26 All contracts involving less than $2500 shall be let by
27 competitive bidding to the lowest responsible bidder whenever
28 possible, and in any event in a manner calculated to ensure
29 insure the best interests of the public.
30 In determining the responsibility of any bidder, the
31 Board may take in account the past record of dealings with
32 the bidder, the bidder's experience, adequacy of equipment,
33 and ability to complete performance within the time set, and
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1 other factors besides financial responsibility, but in no
2 case shall any such contracts be awarded to any other than
3 the highest bidder (in case of sale, concession or lease) or
4 the lowest bidder (in case of purchase or expenditure) unless
5 authorized or approved by a vote of at least three-fourths of
6 the members of the Board, and unless such action is
7 accompanied by a statement in writing setting forth the
8 reasons for not awarding the contract to the highest or
9 lowest bidder, as the case may be, which statement shall be
10 kept on file in the principal office of the Authority and
11 open to public inspection.
12 From the group of responsible bidders the lowest bidder
13 shall be selected in the following manner: to all bids for
14 sales the gross receipts of which are not taxable under the
15 Retailers' "Retailers Occupation Tax Act", approved June 28,
16 1933, as amended, there shall be added an amount equal to the
17 tax which would be payable under said Act, if applicable, and
18 the lowest in amount of said adjusted bids and bids for sales
19 the gross receipts of which are taxable under said Act shall
20 be considered the lowest bid; provided, that, if said lowest
21 bid relates to a sale not taxable under said Act, any
22 contract entered into thereon shall be in the amount of the
23 original bid not adjusted as aforesaid.
24 Contracts shall not be split into parts involving
25 expenditures of less than $2500 for the purposes of avoiding
26 the provisions of this Section, and all such split contracts
27 shall be void. If any collusion occurs among bidders or
28 prospective bidders in restraint of freedom of competition,
29 by agreement to bid a fixed amount or to refrain from bidding
30 or otherwise, the bids of such bidders shall be void. Each
31 bidder shall accompany his bid with a sworn statement that he
32 has not been a party to any such agreement.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
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1 consanguinity by the terms of the civil law, are forbidden to
2 be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract, without competitive bidding, provided that it shall
10 not be less advantageous to the Authority than any valid bid
11 received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 (Source: P.A. 83-1435.)
15 (70 ILCS 320/2-26, in part)
16 Section 200-55. Bidders; civil action to compel
17 compliance. Sec. 2-26. Any bidder who has submitted a bid in
18 compliance with the requirements for bidding under this
19 Article may bring a civil action in the circuit court in
20 Tazewell County to compel compliance with the provisions of
21 this Article Act relating to the awarding of contracts by the
22 Board.
23 (Source: P.A. 83-1435.)
24 (70 ILCS 320/2-27)
25 Section 200-60. Report and financial statement. Sec.
26 2-27. As soon after the end of each fiscal year as may be
27 expedient, the Board shall cause to be prepared and printed a
28 complete and detailed report and financial statement of its
29 operations and of its assets and liabilities. A reasonably
30 sufficient number of copies of such report shall be printed
31 for distribution to persons interested, upon request and a
32 copy thereof shall be filed with the county clerk and the
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1 Mayor of Pekin.
2 (Source: P.A. 83-1435.)
3 Section 200-65. Standard civic center provisions
4 incorporated by reference. The following Sections of this
5 Code are incorporated by reference into this Article:
6 Section 2-5. Definitions.
7 Section 2-10. Lawsuits; common seal.
8 Section 2-16. Duties; auditorium and other buildings;
9 lease of space.
10 Section 2-25. Incurring obligations.
11 Section 2-30. Prompt payment.
12 Section 2-35. Acquisition of property from person,
13 State, or local agency.
14 Section 2-40. Federal money.
15 Section 2-45. Insurance.
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance.
18 Section 2-60. Investment in bonds.
19 Section 2-76. Board members; financial matters;
20 compensation for secretary or treasurer; conflict of
21 interest.
22 Section 2-80. Board members' oath.
23 Section 2-83. Removal of Board member from office.
24 Section 2-85. Board members; vacancy in office.
25 Section 2-90. Organization of the Board.
26 Section 2-100. Secretary; treasurer.
27 Section 2-105. Funds.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-115. General manager; other appointments.
30 Section 2-120. Ordinances, rules, and regulations; fines
31 and penalties.
32 Section 2-130. Bids and advertisements.
33 Section 2-140. State financial support.
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1 Section 2-145. Anti-trust laws.
2 Section 2-150. Tax exemption.
3 ARTICLE 205. PEORIA CIVIC CENTER
4 (70 ILCS 315/1)
5 Section 205-1. Sec. 1. Short title and Citation. This
6 Article Act shall be known and may be cited as the Peoria
7 Civic Center Law of 1997 Act.
8 (Source: P.A. 78-948.)
9 (70 ILCS 315/2, in part)
10 Section 205-5. Sec. 2. Definitions. When used in this
11 Article Act:
12 "Authority" means Peoria Civic Center Authority.
13 "Board" means the governing and administrative body of
14 the Peoria Civic Center Authority.
15 "City" means the City of Peoria, Illinois.
16 "City clerk" means the City Clerk of the City of Peoria,
17 Illinois.
18 "City council" means the City Council of the City of
19 Peoria, Illinois.
20 "Net revenues" means the revenues of the Authority
21 exclusive of taxes after deducting all costs of operation and
22 maintenance and such reserves as may be deemed necessary or
23 advisable by the Authority.
24 (Source: P.A. 78-948.)
25 (70 ILCS 315/3, in part)
26 Section 205-10. Creation of Authority; principal office.
27 Sec. 3. Creation- Political Entity, etc. There is hereby
28 created a political subdivision, body politic and municipal
29 corporation by the name and style of Peoria Civic Center
30 Authority whose boundaries are coextensive with the City of
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1 Peoria, as the same are now or may be in the future.
2 The principal office of the Authority shall be in the
3 City of Peoria.
4 (Source: P.A. 78-948.)
5 (70 ILCS 315/4)
6 Section 205-15. Sec. 4. Rights and powers. The Authority
7 shall have the following rights and powers:
8 (a) To purchase, own, construct, lease as lessee or in
9 any other way acquire, improve, extend, repair, reconstruct,
10 regulate, operate, equip and maintain fair and exposition
11 grounds, convention or exhibition centers and civic
12 auditoriums, including sites and parking areas and facilities
13 therefor located within the City area, and to lease air space
14 over and appurtenant to such facilities;
15 (b) To plan for such grounds, centers and auditoriums
16 and to plan, sponsor, hold, arrange and finance fairs,
17 industrial, cultural, educational, trade and scientific
18 exhibits, shows and events and to use or allow the use of
19 such grounds, centers and auditoriums for the holding of
20 fairs, exhibits, shows and events whether conducted by the
21 Authority or some other person or governmental agency;
22 (c) To exercise the right of eminent domain, to acquire
23 sites for such grounds, centers and auditoriums, and parking
24 areas and facilities in the manner provided for the exercise
25 of the right of eminent domain under Article VII of the Code
26 of Civil Procedure, as amended;
27 (d) To fix and collect just, reasonable and
28 nondiscriminatory charges for the use of such parking areas,
29 and facilities, grounds, centers and auditoriums and
30 admission charges to fairs, shows, exhibits and events
31 sponsored or held by the Authority. The charges collected may
32 be made available to defray the reasonable expenses of the
33 Authority and to pay the principal of and the interest of any
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1 bonds issued by the Authority;
2 (e) To enter into contracts treating in any manner with
3 the objects and purposes of this Article Act.
4 (Source: P.A. 82-783.)
5 (70 ILCS 315/5)
6 Section 205-20. Sec. 5. Power to acquire property. The
7 Authority shall have the power (i) to acquire and accept by
8 purchase, lease, gift, or otherwise any property or rights
9 useful for the Authority's purposes from any person or
10 persons, any municipal corporation, body politic, or agency
11 of the State, or from the State itself, (ii) useful for its
12 purposes, and to apply for and accept grants, matching
13 grants, loans or appropriations from the State of Illinois or
14 any agency or instrumentality thereof to be used for any of
15 the purposes of the Authority, and (iii) to enter into any
16 agreement with the State of Illinois in relation to such
17 grants, matching grants, loans or appropriations, with the
18 power to use any gift, grant, or other income for any lawful
19 purpose of the Authority including the abatement of any taxes
20 levied or assessed pursuant to the terms of this Article Act.
21 (Source: P.A. 78-948.)
22 (70 ILCS 315/6)
23 Section 205-25. Sec. 6. Grants, etc. from federal
24 government. The Authority shall have the power to apply for
25 and accept grants, matching grants, loans or appropriations
26 from the federal government or any agency or instrumentality
27 thereof to be used for any of the purposes of the Authority
28 and to enter into any agreement with the federal government
29 in relation to such grants, matching grants, loans or
30 appropriations with the power to use any gift, grant, or
31 other income for any lawful purpose of the Authority
32 including the abatement of any taxes levied or assessed
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1 pursuant to the terms of this Article Act.
2 (Source: P.A. 78-948.)
3 (70 ILCS 315/8)
4 Section 205-30. Sec. 8. Levy of taxes. For all
5 preliminary expenses, architectural architectual,
6 engineering, accounting, legal and otherwise that are
7 incident to the proper planning and development of a civic
8 center; for the purpose of payment for land that is leased,
9 condemned or purchased for an exposition, convention,
10 exhibition center for auditorium and other supporting
11 facilities of a like nature necessary or desirable for the
12 proper development of a civic center; for the purchase,
13 construction, equipping, supplying and furnishing of such
14 grounds and buildings and for the payment of all expenses
15 incident thereto; for the payment of the principal and
16 interest on bonds of the Authority issued pursuant to Section
17 205-35 9 of this Act and for all other corporate purposes set
18 forth in this Article Act, the City Council may, upon the
19 request of the Board, levy, upon all taxable property in the
20 City, without referendum, a tax that will produce an
21 aggregate amount not exceeding $300,000, exclusive of any
22 amounts levied for the payment of principal and interest on
23 the bonded interest of the Authority. This tax need not be
24 levied in one year but may be levied in a period of up to 10
25 years so long as the total limit of $300,000 is not exceeded.
26 Thereafter, if the proposition for the levy of such a tax has
27 been submitted to the electors of the City at an election and
28 has received the affirmative vote of those voting on the
29 proposition, the City Council may levy annually, upon all
30 taxable property in the City, a tax at a rate not exceeding
31 .05% of the value of the taxable property in the City, as
32 equalized or assessed by the Department of Revenue which rate
33 limitation is exclusive of any amount levied for the payment
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1 of principal and interest on the bonded indebtedness of the
2 Authority. The City Council may order such proposition
3 submitted, in accordance with the general election law by
4 adoption of a resolution so ordering and certified in
5 accordance therewith.
6 All net revenues received by the Authority shall be
7 credited against all taxes that are levied or assessed
8 pursuant to the provisions of this Section and said tax
9 levied shall be abated accordingly on an annual basis.
10 (Source: P.A. 81-1489.)
11 (70 ILCS 315/9)
12 Section 205-35. Sec. 9. Borrowing money; revenue bonds;
13 nature of indebtedness; investment in bonds. The Authority
14 shall have continuing power to borrow money for the purpose
15 of carrying out and performing its duties and exercising its
16 powers under this Article Act.
17 For the purpose of evidencing the obligation of the
18 Authority to repay any money borrowed as aforesaid, the
19 Authority may, pursuant to ordinance adopted by the Board,
20 from time to time issue and dispose of its interest bearing
21 revenue bonds, and may also from time to time issue and
22 dispose of its interest bearing revenue bonds to refund any
23 bonds at maturity or pursuant to redemption provisions or at
24 any time before maturity with the consent of the holders
25 thereof. All such bonds shall be payable solely from the
26 revenues or income to be derived from the fairs, expositions,
27 exhibitions, rentals and leases and other authorized
28 activities operated by it, and from funds, if any, received
29 and to be received by the Authority from any other source.
30 Such bonds may bear such date or dates, may mature at such
31 time or times not exceeding forty years from their respective
32 dates, may bear interest at such rate or rates, not exceeding
33 the maximum rate authorized by the Bond Authorization Act, as
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1 amended at the time of the making of the contract, payable
2 semi-annually, may be in such form, may carry such
3 registration privileges, may be executed in such manner, may
4 be payable at such place or places, may be made subject to
5 redemption in such manner and upon such terms, with or
6 without premium as is stated on the face thereof, may be
7 executed in such manner and may contain such terms and
8 covenants, all as may be provided in said ordinance. In case
9 any officer whose signature appears on any bond ceases (after
10 attaching his signature) to hold office, his signature shall
11 nevertheless be valid and effective for all purposes. The
12 holder or holders of any bonds, or interest coupons
13 appertaining thereto issued by the Authority may bring
14 mandamus, injunction, or other civil actions action or
15 proceedings to compel the performance and observance by the
16 Authority or any of its officers, agents or employees of any
17 contract or covenant made by the Authority with the holders
18 of such bonds or interest coupons, and to compel the
19 Authority and any of its officers, agents or employees to
20 perform any duties required to be performed for the benefit
21 of the holders of any such bonds or interest coupons by the
22 provisions of the ordinance authorizing their issuance, and
23 to enjoin the Authority and any of its officers, agents or
24 employees from taking any action in conflict with any such
25 contract or covenant.
26 Notwithstanding the form and tenor of any such bonds and
27 in the absence of any express recital on the face thereof
28 that it is non-negotiable, all such bonds shall be negotiable
29 instruments under the Uniform Commercial Code.
30 The bonds shall be sold by the corporate authorities of
31 the Authority in such manner as said corporate authorities
32 shall determine except that if issued to bear interest at the
33 maximum rate authorized by the Bond Authorization Act, as
34 amended at the time of the making of the contract, the bonds
-293- LRB9000879DJcd
1 shall be sold for not less than par and accrued interest and
2 except that the selling price of bonds bearing interest at a
3 rate of less than the maximum rate authorized by the Bond
4 Authorization Act, as amended at the time of the making of
5 the contract, shall be such that the interest cost to the
6 Authority of the money received from the sale of bonds shall
7 not exceed the maximum rate authorized by the Bond
8 Authorization Act, as amended at the time of the making of
9 the contract, computed to absolute maturity of said bonds or
10 certificates according to standard tables of bond values.
11 From and after the issuance of any bonds as herein
12 provided it shall be the duty of the corporate authorities of
13 the Authority to fix and establish rates, charges, rents, and
14 fees for the use of its facilities sufficient at all times
15 with other revenues of the Authority to pay:
16 (a) the cost of maintaining, repairing, regulating and
17 operating the said facilities; and
18 (b) the bonds and interest thereon as they shall become
19 due, and all sinking fund requirements and other requirements
20 provided by the ordinance authorizing the issuance of the
21 bonds or as provided by any trust agreement executed to
22 secure payment thereof.
23 To secure the payment of any or all of such bonds and for
24 the purpose of setting forth the covenants and undertakings
25 of the Authority in connection with the issuance thereof and
26 the issuance of any additional bonds payable from such
27 revenue income to be derived from the fairs, recreational,
28 theatrical, cultural, expositions, sport activities,
29 exhibitions, office rentals, and air space leases and
30 rentals, and other revenue, if any, the Authority may execute
31 and deliver a trust agreement or agreements; provided that no
32 lien upon any physical property of the Authority shall be
33 created thereby.
34 A remedy for any breach or default of the terms of any
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1 such trust agreement by the Authority may be by mandamus,
2 injunction, or other civil actions or action and proceedings
3 in any court of competent jurisdiction to compel performance
4 and compliance therewith, but the trust agreement may
5 prescribe by whom or on whose behalf such action may be
6 instituted.
7 Under no circumstances shall any revenue bonds issued by
8 the Authority be or become an indebtedness or obligation of
9 the State of Illinois or of any other political subdivision
10 of or municipality within the State, nor shall any such bond
11 or obligation be or become an indebtedness of the Authority
12 within the purview of any constitutional limitation or
13 provision, and it shall be plainly stated on the face of each
14 bond that it does not constitute such an indebtedness or
15 obligation but is payable solely from the revenues or income
16 as aforesaid.
17 The State and all counties, cities, villages,
18 incorporated towns and other municipal corporations;
19 political subdivisions and public bodies, and public officers
20 of any thereof, all banks, bankers, trust companies, savings
21 banks and institutions, building and loan associations,
22 savings and loan associations, investment companies and other
23 persons carrying on an insurance business and all executors,
24 administrators, guardians, trustees and other fiduciaries may
25 legally invest any sinking funds, moneys or other funds
26 belonging to them or within their control in any bonds issued
27 pursuant to this Article Act, it being the purpose of this
28 Section to authorize the investment in such bonds of all
29 sinking, insurance, retirement, compensation, pension and
30 trust funds, whether owned or controlled by private or public
31 persons or officers; provided, however, that nothing
32 contained in this Section may be construed as relieving any
33 person from any duty of exercising reasonable care in
34 selecting securities for investment.
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1 With respect to instruments for the payment of money
2 issued under this Section either before, on, or after the
3 effective date of Public Act 86-4 this amendatory Act of
4 1989, it is and always has been the intention of the General
5 Assembly (i) that the Omnibus Bond Acts are and always have
6 been supplementary grants of power to issue instruments in
7 accordance with the Omnibus Bond Acts, regardless of any
8 provision of this Article Act that may appear to be or to
9 have been more restrictive than those Acts, (ii) that the
10 provisions of this Section are not a limitation on the
11 supplementary authority granted by the Omnibus Bond Acts, and
12 (iii) that instruments issued under this Section within the
13 supplementary authority granted by the Omnibus Bond Acts are
14 not invalid because of any provision of this Article Act that
15 may appear to be or to have been more restrictive than those
16 Acts.
17 (Source: P.A. 86-4.)
18 (70 ILCS 315/10)
19 Section 205-40. Sec. 10. Borrowing Money Bonds other than
20 revenue bonds; election; tax. The Authority may, with the
21 consent of the City Council expressed by ordinance, and
22 pursuant to referendum hereinafter provided borrow money and
23 incur an indebtedness and issue bonds therefor in the amount
24 or amounts not to exceed in the aggregate 2% of the total
25 value of the taxable property of the Authority as equalized
26 or assessed by the Department of Revenue for the purpose of
27 exercising its powers under this Article Act, including but
28 not to be limited to the purpose of project planning, the
29 purchasing, leasing, condemning or otherwise acquiring site
30 property, the construction and furnishing of all buildings
31 and other improvements directed pursuant to this Article Act
32 including all reasonable landscape and site preparation and
33 including interest on its bonds for the period of
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1 construction and not exceeding one year thereafter; and to
2 issue general obligation bonds as evidence of the
3 indebtedness incurred. In addition to other purposes, such
4 bonds may be issued for the purpose of refunding outstanding
5 general obligation bonds of the Authority, provided that any
6 refunding bonds will not require consent of the City Council.
7 Such bonds shall be issued in the corporate name of the
8 Authority and they shall be sealed with the corporate seal of
9 the Authority and signed by the chairman and the secretary of
10 the Board, provided that the signature of the chairman may be
11 his facsimile signature. Coupons on all bonds shall bear the
12 facsimile signatures of the chairman and the secretary. Bonds
13 may be made registrable as to principal only on the books of
14 the treasurer but coupons shall remain transferable
15 transferrable by delivery merely notwithstanding any such
16 registration. The bonds shall bear interest at a rate or
17 rates of not more than the maximum rate authorized by the
18 Bond Authorization Act, as amended at the time of the making
19 of the contract, and shall mature within 40 years from the
20 date of issuance, and may be made callable on any interest
21 payment date at par and accrued interest, after notice has
22 been given, at the time and in the manner and at such premium
23 as may be provided in the bond resolution. The proceeds of
24 the sale of said bonds shall be received by the treasurer of
25 the Authority and expended by the Board for the purpose or
26 purposes provided in the bond resolution.
27 Bonds may be sold upon such terms and in such manner as
28 may be designated by the Authority provided that no sale
29 shall be made at less than par and accrued interest and
30 further provided that the principal of and interest on any
31 such bonds shall be made payable at such bank or banks as may
32 be designated by the Authority.
33 No bonds, other than revenue bonds issued pursuant to
34 Section 205-35 9, shall be issued by the Authority until the
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1 proposition to issue the same has been submitted to and
2 approved by a majority of the voters residing in the City of
3 Peoria voting upon the proposition at an election in
4 accordance with the general election law. The Authority may
5 by resolution order such proposition submitted at a regular
6 election in accordance with the general election law,
7 whereupon the recording officer shall certify the resolution
8 and the proposition to the proper election officials for
9 submission. Any proposition to issue bonds as herein set
10 forth shall be in substantially the following form:
11 -------------------------------------------------------------
12 Shall bonds of the Peoria Civic Center YES
13 Authority to the amount of Dollars ($....) -----------------
14 be issued for the purpose of....? NO
15 -------------------------------------------------------------
16 If a majority of the votes cast on the proposition are in
17 the affirmative, the Authority may levy and collect annually
18 a sum sufficient to pay for the annual principal and interest
19 charges on such bonds; provided, that such tax levy shall be
20 reduced by a sum equal to such grants or matching grants as
21 the Authority shall receive, in any year, for this purpose.
22 Such taxes proposed by the Authority to be levied upon
23 the taxable property within the City of Peoria shall be
24 levied in the ordinance providing for the issuance of the
25 bonds. Within 10 days after its adoption, the ordinance shall
26 be published at least once in a newspaper published and
27 having a general circulation within the City of Peoria. After
28 it has been so published, a certified copy of the ordinance
29 shall be filed with the county clerk and shall constitute the
30 authority for the county clerk annually to extend and collect
31 the taxes necessary to pay the principal of and the interest
32 on the bonds so issued.
33 With respect to instruments for the payment of money
34 issued under this Section either before, on, or after the
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1 effective date of Public Act 86-4 this amendatory Act of
2 1989, it is and always has been the intention of the General
3 Assembly (i) that the Omnibus Bond Acts are and always have
4 been supplementary grants of power to issue instruments in
5 accordance with the Omnibus Bond Acts, regardless of any
6 provision of this Article Act that may appear to be or to
7 have been more restrictive than those Acts, (ii) that the
8 provisions of this Section are not a limitation on the
9 supplementary authority granted by the Omnibus Bond Acts, and
10 (iii) that instruments issued under this Section within the
11 supplementary authority granted by the Omnibus Bond Acts are
12 not invalid because of any provision of this Article Act that
13 may appear to be or to have been more restrictive than those
14 Acts.
15 (Source: P.A. 86-4.)
16 (70 ILCS 315/11)
17 Section 205-45. Sec. 11. Board of Commissioners. The
18 governing and administrative body of the Authority shall be a
19 Board of Commissioners consisting of 7 seven members to be
20 appointed by the Mayor of the City of Peoria with the advice
21 and consent of the City Council. Within 10 ten (10) days of
22 such appointments, the Mayor of the City of Peoria shall file
23 with the City Clerk a certificate of appointment for each
24 commissioner so appointed. Upon such filing, the persons so
25 appointed shall constitute the Board of Commissioners of the
26 Peoria Civic Center Authority and upon taking the oath of
27 office as hereinafter provided shall be deemed to have
28 qualified and to be empowered to exercise the powers and
29 authority prescribed in this Article Act.
30 The initial terms of such Commissioners shall be 2 two
31 terms for 5 five years, 2 two terms for 4 four years and one
32 term for each of 3 three years, 2 two years and one year
33 respectively. The length of the term of the first
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1 Commissioners shall be determined by lots at their first
2 meetings. The initial terms of office of Commissioners who
3 are to so hold office shall continue until July 1, which next
4 follows the expiration of the respective periods from the
5 date of the filing of the certificate of appointments in the
6 office of the City Clerk, as aforesaid, and until their
7 successors are appointed and qualified by taking their oath
8 of office.
9 At the expiration of the term of each of the
10 Commissioners, and of each succeeding Commissioner or in the
11 event of a vacancy, resignation, removal or refusal to act,
12 the Mayor of the City of Peoria shall appoint a Commissioner
13 in the manner hereinabove provided, to hold office in the
14 case of a vacancy occurring for whatever reason, for the
15 unexpired term or in the case of expiration, for a term of 5
16 five years, and until his successor is appointed and has
17 qualified. Each appointment shall become effective upon the
18 filing by the Mayor of a certificate of the appointment in
19 the office of the City Clerk. Any commissioner may be
20 appointed to succeed himself.
21 No commissioner shall receive any compensation, whether
22 in form of salary, per diem allowance or otherwise, for or in
23 connection with his services as such commissioner. Each
24 Commissioner, however, shall be entitled to reimbursement for
25 any necessary expenditures in connection with the performance
26 of his duties.
27 (Source: P.A. 78-948.)
28 (70 ILCS 315/12)
29 Section 205-50. Sec. 12. Oath and qualification. Each
30 person appointed as a member of the Board of Commissioners
31 shall qualify by taking or subscribing to an oath to uphold
32 the Constitution of the United States and of the State of
33 Illinois and to well and faithfully discharge his duties,
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1 which oath shall be filed with the secretary of the
2 Commission.
3 (Source: P.A. 78-948.)
4 (70 ILCS 315/13)
5 Section 205-55. Sec. 13. Meetings; selection of chairman,
6 secretary, and treasurer Notices. The Commissioners appointed
7 in pursuant to of the foregoing provisions of this Article
8 Act shall constitute the Board of Commissioners of the Peoria
9 Civic Center Authority. The government, control and
10 management of the affairs of the Civic Center shall be vested
11 in the Board of Commissioners and such Board shall possess
12 and exercise all of the powers granted under this Article Act
13 and such other powers, but not inconsistent with this Article
14 Act, as may be necessary to effectuate the purposes of this
15 Article Act.
16 The Mayor of the City of Peoria shall call the first
17 meeting of the Board of Commissioners. He shall give notice
18 in writing to each member of the Board of the time and place
19 of the meeting not less than 5 days prior to the meeting and
20 shall preside over the meeting until the members have elected
21 a chairman. The members, at the initial meeting, shall first
22 draw lots to determine their terms of office which shall be
23 entered of record in the proceedings of the Board.
24 The Board of Commissioners at the initial meeting shall
25 elect one of their members as chairman. At such meeting or at
26 a later meeting, the Board shall elect or appoint a secretary
27 and treasurer and such other officers as they may deem
28 necessary for such terms as they may decide upon. The
29 secretary and treasurer need not be commissioners, and if
30 such officers are not commissioners, they shall receive
31 compensation in such amount as shall be determined by the
32 Board. At such meeting, or at a later meeting, the
33 Commissioners shall adopt a corporate seal, by laws, rules
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1 and regulations suitable to the purposes of this Article Act,
2 which shall provide a time for the election of officers and
3 of other regular and special meetings of the Commissioners,
4 and shall contain the rules for the transaction of other
5 business of such Peoria Civic Center Authority and for
6 amending such by-laws, rules and regulations.
7 The Board of Commissioners shall have full power to pass
8 all necessary ordinances, resolutions, rules and regulations
9 for the proper management and conduct of the business of the
10 Board of Commissioners and of the Peoria Civic Center
11 Authority and for carrying into effect the object for which
12 such Peoria Civic Center Authority is created.
13 (Source: P.A. 78-948.)
14 (70 ILCS 315/14)
15 Section 205-60. Sec. 14. Quorum; records. A majority of
16 the Board of Commissioners shall constitute a quorum for the
17 transaction of the business thereof. The concurring vote of a
18 majority of all the Commissioners shall be required for the
19 exercise of any of the powers granted by this Article Act.
20 All records of the Authority shall be open to public
21 inspection at all reasonable hours.
22 (Source: P.A. 78-948.)
23 (70 ILCS 315/15)
24 Section 205-65. Sec. 15. Treasurer; deposit of funds. The
25 treasurer of the Peoria Civic Center Authority shall be the
26 legal custodian of all funds derived from the issuance of
27 bonds provided for under this Article Act and of all revenues
28 derived from the operation of any project under this Article
29 Act and of all other revenues from whatever source received.
30 The treasurer shall keep all funds and monies belonging to
31 the Peoria Civic Center Authority in such places of deposit
32 as may be designated by resolution of the Board of
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1 Commissioners, provided, however, that only a regularly
2 organized State or national bank which is a member of the
3 Federal Deposit Insurance Corporation, or a savings and loan
4 association which is a member of the Federal Savings and Loan
5 Insurance Corporation may be designated as a depository. When
6 a bank or savings and loan association has been designated as
7 a depository it shall continue as such depository until 10
8 ten (10) days have elapsed after a new depository is
9 designated and has qualified by furnishing the statements of
10 resources and liabilities as required by this Section. When a
11 new depository is designated, the Board of Commissioners
12 shall notify the surety of the treasurer of that fact, in
13 writing, at least 5 five (5) days before the transfer of
14 funds. The treasurer shall be discharged from responsibility
15 for all funds or money which he deposits in a designated bank
16 or savings and loan association, while the funds and money
17 are so deposited. The treasurer may, and at the direction of
18 the Authority shall, invest all monies of the Authority not
19 needed within 30 days thereafter in direct or fully
20 guaranteed obligations of the United States Government or in
21 certificates of deposit of banks or savings and loan
22 associations eligible as depositories of funds of the
23 Authority and fully secured by such obligations.
24 No bank or savings and loan association shall receive
25 public funds as permitted by this Section, unless it has
26 complied with the requirements established pursuant to
27 Section 6 of the Public Funds Investment Act "An Act relating
28 to certain investments of public funds by public agencies",
29 approved July 23, 1943, as now or hereafter amended.
30 (Source: P.A. 83-541.)
31 (70 ILCS 315/16)
32 Section 205-70. Sec. 16. Contracts. Any contract let for
33 the construction, repair, alteration or improvement of any
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1 building or buildings, the demolition thereof, or removal of
2 debris resulting therefrom, or any other contract let for any
3 other type of construction or repair work, shall contain
4 provisions requiring the contractor or other person, firm or
5 corporation undertaking such work to give bond in such amount
6 and with such surety, conditioned for the faithful
7 performance of the contract as the Board of Commissioners may
8 determine. The Board of Commissioners shall also require such
9 contractor or other persons, firm or corporation to furnish
10 insurance of a character and amount to be determined by the
11 Board of Commissioners, protecting the Authority, its
12 Commissioners, officers, agents, and employees, against any
13 claims for personal injuries (including death) and property
14 damage that may be asserted because of the doing of the work.
15 (Source: P.A. 78-948.)
16 (70 ILCS 315/17)
17 Section 205-75. Sec. 17. Bidding; advertisement. All
18 contracts to be let for the construction, alteration,
19 improvement, repair, enlargement, demolition or removal of
20 any buildings or their facilities, or for materials or
21 supplies to be furnished, where the amount thereof is in
22 excess of $2,500.00 shall be let to the lowest responsible
23 bidder, or bidders on open competitive bidding after public
24 advertisement published at least once in each week for 3
25 three consecutive weeks prior to the opening of bids, in a
26 daily newspaper of general circulation in the county where
27 the Authority is located. Nothing contained in this Section
28 shall be construed to prohibit the Board of Commissioners
29 from placing additional advertisements in recognized trade
30 journals. Advertisements for bids shall describe the
31 character of the proposed contract in sufficient detail to
32 enable the bidders thereon to know what their obligation will
33 be, either in the advertisement itself, or by reference to
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1 detailed plans and specifications on file in the office of
2 the Peoria Civic Center Authority at the time of the
3 publication of the first announcement. Such advertisement
4 shall also state the date, time, and place assigned for the
5 opening of bids and no bids shall be received at any time
6 subsequent to the time indicated in said advertisement. The
7 Board of Commissioners may reject any and all bids received
8 and readvertise for bids. All bids shall be open to public
9 inspection in the office of the Peoria Civic Center Authority
10 for a period of at least 48 forty-eight (48) hours before
11 award is made. The successful bidder for such work shall
12 enter into contracts furnished and prescribed by the Board of
13 Commissioners and in addition to any other bonds required
14 under this Article Act the successful bidder shall execute
15 and give bond, payable to and to be approved by the
16 Authority, with a corporate surety authorized to do business
17 under the laws of the State of Illinois, in an amount to be
18 determined by the Board of Commissioners, conditioned upon
19 the payment of all labor furnished and materials supplied in
20 the prosecution of the contracted work. If the bidder whose
21 bid has been accepted shall neglect or refuse to accept the
22 contract within 5 five (5) days after written notice that the
23 same has been awarded to him, or if he accepts but does not
24 execute the contract and give proper security, the Authority
25 may accept the next lowest bidder, or readvertise and relet
26 in manner above provided.
27 In case any work shall be abandoned by any contractor the
28 Authority may, if the best interest of the Authority be
29 thereby served, adopt on behalf of the Authority all
30 sub-contracts made by such contractor for such contractor for
31 such work and all sub-contractors shall be bound by such
32 adoption if made; and the Authority shall, in the manner
33 provided herein, readvertise and relet the work specified in
34 the original contract exclusive of so much thereof as shall
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1 be accepted. Every contract, when made and entered into, as
2 herein provided for, shall be executed in duplicate, one copy
3 of which shall be held by the Authority, and filed in its
4 records and one copy of which shall be given to the
5 contractor.
6 (Source: P.A. 83-343.)
7 (70 ILCS 315/19)
8 Section 205-80. Sec. 19. Dissolution of Authority. If
9 there have not been any bonds issued and the Authority has no
10 other indebtedness, the Authority may be dissolved upon the
11 filing in the office of the recorder a resolution adopted by
12 both the Board of Commissioners of the Authority and the City
13 Council of the City of Peoria approving such dissolution.
14 (Source: P.A. 83-358.)
15 (70 ILCS 315/20)
16 Section 205-85. Sec. 20. Annual report and financial
17 statement. As soon after the end of each fiscal year as may
18 be expedient, the Authority shall cause to be prepared and
19 printed a complete and detailed report and financial
20 statement of its operations and of its assets and
21 liabilities. A reasonably sufficient number of copies of such
22 report shall be printed for distribution for persons
23 interested, upon request, and a certified copy thereof shall
24 be filed with the City Clerk.
25 (Source: P.A. 78-948.)
26 (70 ILCS 315/21)
27 Section 205-90. Sec. 21. Ordinary and necessary expenses;
28 tax anticipation warrants. When there is not sufficient money
29 in the treasury to meet the ordinary and necessary expenses
30 and liabilities of the Authority, the City Council, upon
31 request of the Board, shall order issued warrants against and
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1 in anticipation of any taxes levied for the payment of the
2 expenditures for such expenses and liabilities, to the extent
3 of 75% of the total amount of the taxes levied for those
4 purposes.
5 (Source: P.A. 78-948.)
6 (70 ILCS 315/22)
7 Section 205-95. Sec. 22. Warrants in anticipation of
8 taxes; form and terms. Warrants drawn and issued under
9 Section 205-90 20 shall be numbered consecutively in the
10 order of their issuance and shall show upon their face that
11 they are payable solely from the taxes when collected, and
12 not otherwise, and that payment thereof will be made in the
13 order of their issuance, beginning with the warrant having
14 the lowest number, and shall be received by any collector of
15 taxes in payment of taxes against which they are issued. The
16 warrants shall be signed by the chairman and secretary of the
17 Board. The taxes against which the warrants are drawn shall
18 be set apart and held for their payment as herein provided.
19 The warrants shall bear interest, payable out of the taxes
20 against which they are drawn, at the rate of not to exceed
21 the maximum rate authorized by the Bond Authorization Act, as
22 amended at the time of the making of the contract, from the
23 date of their issuance until paid, or until notice is given
24 by publication in a newspaper or otherwise that the money for
25 their payment is available and that they will be paid on
26 presentation. The Authority may alternatively issue its
27 corporate notes in lieu of tax anticipation warrants in
28 accordance with the provisions of the law of the State of
29 Illinois then in effect.
30 With respect to instruments for the payment of money
31 issued under this Section either before, on, or after the
32 effective date of Public Act 86-4 this amendatory Act of
33 1989, it is and always has been the intention of the General
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1 Assembly (i) that the Omnibus Bond Acts are and always have
2 been supplementary grants of power to issue instruments in
3 accordance with the Omnibus Bond Acts, regardless of any
4 provision of this Article Act that may appear to be or to
5 have been more restrictive than those Acts, (ii) that the
6 provisions of this Section are not a limitation on the
7 supplementary authority granted by the Omnibus Bond Acts, and
8 (iii) that instruments issued under this Section within the
9 supplementary authority granted by the Omnibus Bond Acts are
10 not invalid because of any provision of this Article Act that
11 may appear to be or to have been more restrictive than those
12 Acts.
13 (Source: P.A. 86-4.)
14 (70 ILCS 315/23)
15 Section 205-100. Sec. 23. Partial invalidity. The
16 provisions of this Article Act and the applications thereof
17 to any person or circumstance are declared to be severable.
18 If any Section, clause, sentence, paragraph, part or
19 provision of this Article Act shall be held to be invalid by
20 any court, it shall be conclusively presumed that the
21 remaining portions of this Article Act would have been passed
22 by the Legislature without such invalid Section, clause,
23 sentence, paragraph, part or provision.
24 If the application of any Section, clause, sentence,
25 paragraph, part or provision of this Article Act to any
26 person or circumstances is held invalid, such invalidity
27 shall not effect the application thereof to other persons or
28 circumstances.
29 (Source: P.A. 78-948.)
30 Section 205-105. Standard civic center provisions
31 incorporated by reference. The following Sections of this
32 Code are incorporated by reference into this Article:
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1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-45. Insurance.
4 Section 2-140. State financial support.
5 Section 2-145. Anti-trust laws.
6 Section 2-150. Tax exemption.
7 ARTICLE 210. PONTIAC CIVIC CENTER
8 (70 ILCS 325/8-2)
9 Section 210-1. Short title. Sec. 8-2. This Article may
10 be cited as the Pontiac Civic Center Law of 1997.
11 (Source: P.A. 86-907; 86-1028.)
12 (70 ILCS 325/8-3, in part)
13 Section 210-5. Definitions. Sec. 8-3. When used in
14 this Article:
15 "Authority" means the Pontiac Civic Center Authority.
16 "Board" means the governing and administrative body of
17 the Pontiac Civic Center Authority.
18 "Metropolitan area" means all that territory in the State
19 of Illinois lying within the corporate boundaries of the City
20 of Pontiac.
21 (Source: P.A. 86-907; 86-1028.)
22 (70 ILCS 325/8-4, in part)
23 Section 210-10. Authority created; principal office.
24 Sec. 8-4. There is hereby created a political subdivision,
25 body politic and municipal corporation by the name and style
26 of the Pontiac Civic Center Authority in the metropolitan
27 area.
28 The principal office of the Authority shall be in the
29 City of Pontiac.
30 (Source: P.A. 86-907.)
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1 (70 ILCS 325/8-14, in part)
2 Section 210-15. Board created. Sec. 8-14. The governing
3 and administrative body of the Authority shall be a board
4 consisting of 11 members and shall be known as the Pontiac
5 Civic Center Authority Board.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/8-15)
8 Section 210-20. Board members designated. Sec. 8-15.
9 The mayor and aldermen, ex officio, of the City of Pontiac
10 shall be the members of the Board. Before entering upon the
11 duties of his office, each member of the Board shall take and
12 subscribe the constitutional oath of office and file it in
13 the office of the Secretary of State.
14 (Source: P.A. 86-907.)
15 (70 ILCS 325/8-16)
16 Section 210-25. Board members; terms. Sec. 8-16.
17 Members of the Board shall hold office until their respective
18 successors as mayor aldermen of the City of Pontiac have been
19 appointed and qualified.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/8-25, in part)
22 Section 210-30. Bidders; civil action to compel
23 compliance. Sec. 8-25. Any bidder who has submitted a bid in
24 compliance with the requirements for bidding under this
25 Article may bring a civil action in the Circuit Court of
26 Livingston Lake County in which the metropolitan area is
27 located to compel compliance with the provisions of this
28 Article Act relating to the awarding of contracts by the
29 Board.
30 (Source: P.A. 86-907.)
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1 Section 210-35. Standard civic center provisions
2 incorporated by reference. The following Sections of this
3 Code are incorporated by reference into this Article:
4 Section 2-3. Purpose.
5 Section 2-5. Definitions.
6 Section 2-10. Lawsuits; common seal.
7 Section 2-15. Duties; auditorium, recreational, and other
8 buildings; lease of space.
9 Section 2-20. Rights and powers, including eminent
10 domain.
11 Section 2-25. Incurring obligations.
12 Section 2-30. Prompt payment.
13 Section 2-35. Acquisition of property from person,
14 State, or local agency.
15 Section 2-40. Federal money.
16 Section 2-45. Insurance.
17 Section 2-50. Borrowing; revenue bonds; suits to compel
18 performance.
19 Section 2-55. Bonds; nature of indebtedness.
20 Section 2-60. Investment in bonds.
21 Section 2-75. Board members; financial matters; conflict
22 of interest.
23 Section 2-90. Organization of the Board.
24 Section 2-95. Meetings; action by 5 Board members.
25 Section 2-100. Secretary; treasurer.
26 Section 2-105. Funds.
27 Section 2-110. Signatures on checks or drafts.
28 Section 2-115. General manager; other appointments.
29 Section 2-122. Rules and regulations; penalties.
30 Section 2-125. Contracts; award to other than highest or
31 lowest bidder by vote of 5 Board members.
32 Section 2-130. Bids and advertisements.
33 Section 2-135. Report and financial statement.
34 Section 2-140. State financial support.
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1 Section 2-145. Anti-trust laws.
2 Section 2-150. Tax exemption.
3 ARTICLE 215. QUAD CITY CIVIC CENTER
4 (70 ILCS 320/1-1)
5 Section 215-1. Short title. Sec. 1-1. This Article
6 shall be known and may be cited as the Illinois Quad City
7 Civic Center Authority Law of 1997.
8 (Source: P.A. 83-1528.)
9 (70 ILCS 320/1-2, in part)
10 Section 215-5. Definitions. Sec. 1-2. When used in this
11 Article Act:
12 "Authority" means the Illinois Quad City Civic Center
13 Authority.
14 "Board" means the governing and administrative body of
15 the Illinois Quad City Civic Center Authority.
16 "Metropolitan area" means all that territory in the State
17 of Illinois lying within the corporate boundaries of the
18 County of Rock Island and not within the territory of any
19 other civic center authority.
20 (Source: P.A. 85-1002.)
21 (70 ILCS 320/1-3, in part)
22 Section 215-10. Authority created; principal office.
23 Sec. 1-3. There is hereby created a political subdivision,
24 body politic and municipal corporation by the name and style
25 of the Illinois Quad City Civic Center Authority in the
26 metropolitan area.
27 The principal offices of the Authority shall be within
28 the metropolitan area.
29 (Source: P.A. 83-1435.)
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1 (70 ILCS 320/1-5)
2 Section 215-15. Rights and powers. Sec. 1-5. The
3 Authority shall have the following rights and powers duties:
4 (a) To acquire, purchase, own, construct, lease as
5 lessee or in any other way acquire, improve, extend, repair,
6 reconstruct, regulate, operate, equip and maintain
7 exhibitions grounds, convention or exhibition centers, civic
8 auditoriums, and office and municipal buildings, including
9 sites and parking areas and facilities therefor located
10 within the metropolitan area.
11 (b) To enter into contracts treating in any manner with
12 the objects and purposes of this Article Act.
13 (c) To plan for such grounds, centers and auditoriums
14 and to plan, sponsor, hold, arrange and finance fairs,
15 industrial, cultural, educational, trade and scientific
16 exhibits, shows and events and to use or allow the use of
17 such grounds, centers and auditoriums for the holding of
18 fairs, exhibits, shows and events whether conducted by the
19 Authority or some other person or governmental agency.
20 (d) To exercise the right of eminent domain to acquire
21 sites for such grounds, centers, buildings and auditoriums,
22 and parking areas and facilities in the manner provided for
23 by Article VII of the Code of Civil Procedure.
24 (e) To fix and collect just, reasonable and
25 nondiscriminatory charges and rents for the use of such
26 parking areas and facilities, grounds, centers, buildings and
27 auditoriums and admission charges to fairs, shows, exhibits
28 and events sponsored or held by the Authority. The charges
29 collected may be made available to defray the reasonable
30 expenses of the Authority and to pay the principal of and the
31 interest on any bonds issued by the Authority.
32 (Source: P.A. 83-1528.)
33 (70 ILCS 320/1-11)
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1 Section 215-20. Bonds; nature of indebtedness. Sec.
2 1-11. Under no circumstances, except by express written
3 agreement of the Authority and the State or a political
4 subdivision or subdivision adopted pursuant to Article VII,
5 Section 10, of the Constitution, shall any bonds issued by
6 the Authority be or become an indebtedness or obligation of
7 the State of Illinois or of any other political subdivision
8 of or municipality within the State, nor shall any such bond
9 or obligation be or become an indebtedness of the Authority
10 within the purview of any constitutional limitation or
11 provision, and it shall be plainly stated on the face of each
12 bond that it does not constitute such an indebtedness or
13 obligation but is payable solely from the revenues or income
14 as aforesaid.
15 (Source: P.A. 83-1435.)
16 (70 ILCS 320/1-13)
17 Section 215-25. Bonds other than revenue bonds;
18 election. Sec. 1-13. No bonds, other than revenue bonds
19 issued pursuant to Section 2-50 10, or bonds issued pursuant
20 to an intergovernmental agreement as contemplated by the
21 exception contained in Section 215-20 11, shall be issued by
22 the Authority until the proposition to issue the same has
23 been submitted to and approved by a majority of the voters of
24 said metropolitan area voting upon the proposition at a
25 general election, after at least 10 days notice of such
26 submission has been given by publishing said notice one time
27 in one or more newspapers published in said metropolitan
28 area. Any proposition to issue bonds as herein set forth
29 shall be submitted upon a ballot separate and distinct from
30 any other ballot and may be in substantially the following
31 form:
32 -------------------------------------------------------------
33 Shall bonds of the "Illinois Quad
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1 City Civic Center Authority" to YES
2 the amount of ___________ Dollars ---------------------
3 ($ ) be issued for the NO
4 purpose of ?
5 -------------------------------------------------------------
6 (Source: P.A. 83-1435.)
7 (70 ILCS 320/1-14)
8 Section 215-30. Tax. Sec. 1-14. If a majority of the
9 voters of said Illinois metropolitan area approve the
10 issuance of bonds as provided in Section 215-25 13 of this
11 Act, or if an intergovernmental agreement is executed with a
12 political subdivision or subdivisions for the issuance of
13 full faith and credit bonds, the Authority shall have power
14 to levy and collect annually a sum sufficient to pay for the
15 annual principal and interest charges on such bonds;
16 provided, that such tax levy shall be reduced by a sum equal
17 to such grants or matching grants as the Authority shall
18 receive, in any year, for this purpose and provided, in the
19 case of bonds issued pursuant to intergovernmental agreement,
20 said tax is valid only within the subdivisions executing the
21 agreement with the Authority.
22 Such taxes proposed by the Authority to be levied upon
23 the taxable property within the metropolitan area shall be
24 levied by ordinance. After the ordinance has been adopted it
25 shall, within 10 days after its passage, be published once in
26 a newspaper published and having a general circulation within
27 the metropolitan area. A certified copy of such levy
28 ordinance shall be filed with the county clerk no later than
29 the 3rd Tuesday in September in each year. Thereupon the
30 county clerk shall extend such tax; provided the aggregate
31 amount of taxes levied for any one year shall not exceed the
32 rate of .05% of the value of the taxable property of the
33 metropolitan area, as equalized or assessed by the Department
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1 of Revenue.
2 (Source: P.A. 83-1435.)
3 (70 ILCS 320/1-15, in part)
4 Section 215-35. Board created. Sec. 1-15. The governing
5 and administrative body of the Authority shall be a board
6 consisting of 10 members and shall be known as the Illinois
7 Quad City Civic Center Authority Board. The members of the
8 Board shall be individuals of generally recognized ability
9 and integrity.
10 (Source: P.A. 85-1002.)
11 (70 ILCS 320/1-16)
12 Section 215-40. Board members appointed; ex officio
13 members. Sec. 1-16. Within 60 days after September 16, 1984
14 (the effective date of Article I of Public Act 83-1435) this
15 Act becomes effective, the Mayor of Rock Island shall appoint
16 2 members of the Board for initial terms expiring June first
17 of the years 1986 and 1987 respectively; the Mayor of Moline
18 shall appoint 2 members of the board for initial terms
19 expiring June first of the years 1986 and 1987 respectively;
20 the Mayor of East Moline shall appoint 2 members for initial
21 terms expiring June first of the years 1986 and 1987
22 respectively; the City Manager of Rock Island and the City
23 Administrator of Moline shall be ex-officio and voting board
24 members.
25 Within 60 days after January 14, 1988 (the effective date
26 of Public Act 85-1002) the effective date of this amendatory
27 Act of 1987, the Chairman of the County Board of Rock Island
28 County shall appoint 2 members of the Board for initial terms
29 expiring June first of the years 1989 and 1990 respectively.
30 Of the 2 members so appointed, one shall be a member of the
31 first leading political party and one shall be a member of
32 the second leading political party, as such terms are defined
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1 in Section 1-3 of the Election Code.
2 At the expiration of the term of any member appointed by
3 the Mayor of Rock Island, his successor shall be appointed by
4 the Mayor of Rock Island in like manner; at the expiration of
5 the term of any member appointed by the Mayor of Moline, his
6 successor shall be appointed in like manner by the Mayor of
7 Moline; at the expiration of the term of any member appointed
8 by the Mayor of East Moline, his successor shall be appointed
9 in like manner by the Mayor of East Moline; at the expiration
10 of the term of any member appointed by the Chairman of the
11 County Board of Rock Island County, his successor shall be
12 appointed in like manner by the Chairman of the County Board
13 of Rock Island County. The City Manager of Rock Island and
14 the City Administrator of Moline, by virtue of their
15 positions, shall continue in their positions on the board for
16 the duration of their appointments to their respective
17 municipal positions.
18 All appointed successors shall hold office for a term of
19 three years from the first day of June of the year in which
20 they are appointed, except in case of an appointment to fill
21 a vacancy.
22 Within 30 days after certification of his appointment,
23 and before entering the duties of his office, each member of
24 the board shall take and subscribe the constitutional oath of
25 office and file it in the office of the Secretary of State.
26 The City Manager of Rock Island and the City Administrator of
27 Moline shall take and subscribe to the same oath as will all
28 other subsequent persons holding these positions.
29 (Source: P.A. 85-1002.)
30 (70 ILCS 320/1-17, in part)
31 Section 215-45. Board members; removal; vacancy in
32 office. Sec. 1-17. Members of the Board shall hold office
33 until their respective successors have been appointed and
-317- LRB9000879DJcd
1 qualified. Any member may resign from his office to take
2 effect when his successor has been appointed and has
3 qualified. The appointing officer may remove any member of
4 the Board appointed by him, in case of incompetency, neglect
5 of duty, or malfeasance in office, after service on him, by
6 registered United States mail, return requested, of a copy of
7 the written charges against him and an opportunity to be
8 publicly heard in person or by counsel in his own defense
9 upon not less than 10 days notice. This same action may be
10 taken against the City Manager of Rock Island and the City
11 Administrator of Moline by their respective city councils.
12 In case of failure to qualify within the time required, or of
13 abandonment of his office, or in case of death, conviction of
14 a felony or removal from office, his office shall become
15 vacant. Each vacancy or position succession shall be filled
16 for the unexpired term by appointment in like manner, as in
17 case of expiration of the term of a member of the Board.
18 (Source: P.A. 83-1435.)
19 (70 ILCS 320/1-19)
20 Section 215-50. Meetings; quorum; approval of ordinances
21 and resolutions by chairman; public records. Sec. 1-19.
22 Regular meetings of the Board shall be held at least once in
23 each calendar month, the time and place of such meetings to
24 be fixed by the Board.
25 Six members of the Board shall constitute a quorum for
26 the transaction of business. All action of the Board shall
27 be by ordinance or resolution and the affirmative vote of at
28 least 6 members shall be necessary for the adoption of any
29 ordinance or resolution.
30 All such ordinances and resolutions before taking effect
31 shall be approved by the chairman of the Board, and if he
32 shall approve thereof he shall sign the same, and such as he
33 shall not approve he shall return to the Board with his
-318- LRB9000879DJcd
1 objections thereto in writing at the next regular meeting of
2 the Board occurring after the passage thereof. But in case
3 the chairman shall fail to return any ordinance or resolution
4 with his objections thereto by the time aforesaid, he shall
5 be deemed to have approved the same and it shall take effect
6 accordingly. Upon the return of any ordinance or resolution
7 by the chairman with his objections, the vote by which the
8 same was passed shall be reconsidered by the Board, and if
9 upon such reconsideration said ordinance or resolution is
10 passed by the affirmative vote of at least 7 members, it
11 shall go into effect notwithstanding the veto of the
12 chairman.
13 All ordinances, resolutions and all proceedings of the
14 Authority and all documents and records in its possession
15 shall be public records, and open to public inspection,
16 except such documents and records as shall be kept or
17 prepared by the Board for use in negotiations, actions or
18 proceedings to which the Authority is a party.
19 (Source: P.A. 85-1002.)
20 (70 ILCS 320/1-25)
21 Section 215-55. Contracts. Sec. 1-25. All contracts for
22 the sale of property of the value of more than $2500 or for
23 any an concession in or lease of property, including air
24 rights, of the Authority for a term of more than one year
25 shall be awarded to the highest responsible bidder, after
26 advertising for bids. All construction contracts and
27 contracts for supplies, materials, equipment and services,
28 when the expense thereof will exceed $2500, shall be let to
29 the lowest responsible bidder, after advertising for bids,
30 excepting (1) when repair parts, accessories, equipment or
31 services are required for equipment or services previously
32 furnished or contracted for; (2) when the nature of the
33 services required is such that competitive bidding is not in
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1 the best interest of the public, including, without limiting
2 the generality of the foregoing, the services of accountants,
3 architects, attorneys, engineers, physicians, superintendents
4 of construction, and others possessing a high degree of
5 skill; and (3) when services such as water, light, heat,
6 power, telephone or telegraph are required.
7 All contracts involving less than $2500 shall be let by
8 competitive bidding to the lowest responsible bidder whenever
9 possible, and in any event in a manner calculated to ensure
10 insure the best interests of the public.
11 In determining the responsibility of any bidder, the
12 Board may take into in account the past record of dealings
13 with the bidder, the bidder's experience, adequacy of
14 equipment, and ability to complete performance within the
15 time set, and other factors besides financial responsibility,
16 but in no case shall any such contracts be awarded to any
17 other than the highest bidder (in case of sale, concession or
18 lease) or the lowest bidder (in case of purchase or
19 expenditure) unless authorized or approved by a vote of at
20 least three-fourths of the members of the Board, and unless
21 such action is accompanied by a statement in writing setting
22 forth the reasons for not awarding the contract to the
23 highest or lowest bidder, as the case may be, which statement
24 shall be kept on file in the principal office of the
25 Authority and open to public inspection.
26 From the group of responsible bidders the lowest bidder
27 shall be selected in the following manner: to all bids for
28 sales the gross receipts of which are not taxable under the
29 Retailers' "Retailers Occupation Tax Act", approved June 28,
30 1933, as amended, there shall be added an amount equal to the
31 tax which would be payable under said Act, if applicable, and
32 the lowest in amount of said adjusted bids and bids for sales
33 the gross receipts of which are taxable under said Act shall
34 be considered the lowest bid; provided, that, if said lowest
-320- LRB9000879DJcd
1 bid relates to a sale not taxable under said Act, any
2 contract entered into thereon shall be in the amount of the
3 original bid not adjusted as aforesaid.
4 Contracts shall not be split into parts involving
5 expenditures of less than $2500 for the purposes of avoiding
6 the provisions of this Section, and all such split contracts
7 shall be void. If any collusion occurs among bidders or
8 prospective bidders in restraint of freedom of competition,
9 by agreement to bid a fixed amount or to refrain from bidding
10 or otherwise, the bids of such bidders shall be void. Each
11 bidder shall accompany his bid with a sworn statement that he
12 has not been a party to any such agreement.
13 Members of the Board, officers and employees of the
14 Authority, and their relatives within the fourth degree of
15 consanguinity by the terms of the civil law, are forbidden to
16 be interested directly or indirectly in any contract for
17 construction or maintenance work or for the delivery of
18 materials, supplies or equipment.
19 The Board shall have the right to reject all bids and to
20 readvertise for bids. If after any such advertisement no
21 responsible and satisfactory bid, within the terms of the
22 advertisement, shall be received, the Board may award such
23 contract, without competitive bidding, provided that it shall
24 not be less advantageous to the Authority than any valid bid
25 received pursuant to advertisement.
26 The Board shall adopt rules and regulations to carry into
27 effect the provisions of this Section.
28 (Source: P.A. 83-1435.)
29 (70 ILCS 320/1-26, in part)
30 Section 215-60. Bidders; civil action to compel
31 compliance. Sec. 1-26. Any bidder who has submitted a bid in
32 compliance with the requirements for bidding under this
33 Article may bring a civil action in the circuit court of Rock
-321- LRB9000879DJcd
1 Island County to compel compliance with the provisions of
2 this Article Act relating to the awarding of contracts by the
3 Board.
4 (Source: P.A. 83-1435.)
5 Section 215-65. Standard civic center provisions
6 incorporated by reference. The following Sections of this
7 Code are incorporated by reference into this Article:
8 Section 2-5. Definitions.
9 Section 2-10. Lawsuits; common seal.
10 Section 2-16. Duties; auditorium and other buildings;
11 lease of space.
12 Section 2-25. Incurring obligations.
13 Section 2-30. Prompt payment.
14 Section 2-35. Acquisition of property from person,
15 State, or local agency.
16 Section 2-40. Federal money.
17 Section 2-45. Insurance.
18 Section 2-50. Borrowing; revenue bonds; suits to compel
19 performance.
20 Section 2-60. Investment in bonds.
21 Section 2-76. Board members; financial matters;
22 compensation for secretary or treasurer; conflict of
23 interest.
24 Section 2-85. Board members; vacancy in office.
25 Section 2-90. Organization of the Board.
26 Section 2-100. Secretary; treasurer.
27 Section 2-105. Funds.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-115. General manager; other appointments.
30 Section 2-120. Ordinances, rules, and regulations; fines
31 and penalties.
32 Section 2-130. Bids and advertisements.
33 Section 2-135. Report and financial statement.
-322- LRB9000879DJcd
1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 220. QUINCY CIVIC CENTER
5 (70 ILCS 280/2-2)
6 Section 220-1. Short title. Sec. 2-2. This Article 2
7 shall be known and may be cited as the Quincy Civic Center
8 Law of 1997 Act.
9 (Source: P.A. 83-911.)
10 (70 ILCS 280/2-3, in part)
11 Section 220-5. Definitions. Sec. 2-3. When used in this
12 Article Act:
13 "Authority" means the Quincy Metropolitan Exposition,
14 Auditorium and Office Building Authority.
15 "Board" means the governing and administrative body of
16 the Quincy Metropolitan Exposition, Auditorium and Office
17 Building Authority.
18 "Metropolitan area" means all that territory in the State
19 of Illinois lying within the corporate boundaries of the City
20 of Quincy.
21 (Source: P.A. 83-911.)
22 (70 ILCS 280/2-4, in part)
23 Section 220-10. Authority created; principal office.
24 Sec. 2-4. There is hereby created a political subdivision,
25 body politic and municipal corporation by the name and style
26 of Quincy Metropolitan Exposition, Auditorium and Office
27 Building Authority in the metropolitan area.
28 The principal office of the Authority shall be in the
29 City of Quincy.
30 (Source: P.A. 83-911.)
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1 (70 ILCS 280/2-14, in part)
2 Section 220-15. Board created. Sec. 2-14. The
3 governing and administrative body of the Authority shall be a
4 board consisting of 7 members and shall be known as the
5 Quincy Metropolitan Exposition Auditorium and Office Building
6 Board. The members of the board shall be individuals of
7 generally recognized ability and integrity.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/2-15, in part)
10 Section 220-20. Board members appointed. Sec. 2-15.
11 Within 60 days after January 1, 1984 (the effective date of
12 Article 2 of Public Act 83-911), this Act becomes effective
13 the Mayor of Quincy with the advice and consent of the Quincy
14 City Council shall appoint 7 members of the Board, 2 members
15 to be appointed for a term of one year, 2 members to be
16 appointed for terms of 2 years, and 3 members to be appointed
17 for terms of 3 years, such terms commencing on the date each
18 is appointed. One of the members appointed may be a
19 representative from the Quincy City Council. At the
20 expiration of the term of any member, his successor shall be
21 appointed by the Mayor of Quincy in a like manner. All
22 successors shall hold office for a term of 3 years from the
23 date of appointment, except in case of an appointment to fill
24 a vacancy.
25 (Source: P.A. 83-911.)
26 (70 ILCS 280/2-25, in part)
27 Section 220-25. Bidders; civil action to compel
28 compliance. Sec. 2-25. Any bidder who has submitted a bid in
29 compliance with the requirements for bidding under this
30 Article may bring a civil action in the circuit court in
31 Adams County to compel compliance with the provisions of this
32 Article Act relating to the awarding of contracts by the
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1 Board.
2 (Source: P.A. 83-911.)
3 Section 220-30. Standard civic center provisions
4 incorporated by reference. The following Sections of this
5 Code are incorporated by reference into this Article:
6 Section 2-3. Purpose.
7 Section 2-5. Definitions.
8 Section 2-10. Lawsuits; common seal.
9 Section 2-16. Duties; auditorium and other buildings;
10 lease of space.
11 Section 2-20. Rights and powers, including eminent
12 domain.
13 Section 2-25. Incurring obligations.
14 Section 2-30. Prompt payment.
15 Section 2-35. Acquisition of property from person,
16 State, or local agency.
17 Section 2-40. Federal money.
18 Section 2-45. Insurance.
19 Section 2-50. Borrowing; revenue bonds; suits to compel
20 performance.
21 Section 2-55. Bonds; nature of indebtedness.
22 Section 2-60. Investment in bonds.
23 Section 2-75. Board members; financial matters; conflict
24 of interest.
25 Section 2-80. Board members' oath.
26 Section 2-83. Removal of Board member from office.
27 Section 2-85. Board members; vacancy in office.
28 Section 2-90. Organization of the Board.
29 Section 2-96. Meetings; action by 4 Board members.
30 Section 2-100. Secretary; treasurer.
31 Section 2-105. Funds.
32 Section 2-110. Signatures on checks or drafts.
33 Section 2-115. General manager; other appointments.
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1 Section 2-122. Rules and regulations; penalties.
2 Section 2-125. Contracts; award to other than highest or
3 lowest bidder by vote of 5 Board members.
4 Section 2-130. Bids and advertisements.
5 Section 2-135. Report and financial statement.
6 Section 2-140. State financial support.
7 Section 2-145. Anti-trust laws.
8 Section 2-150. Tax exemption.
9 ARTICLE 225. RANDOLPH COUNTY CIVIC CENTER
10 (70 ILCS 325/1-2)
11 Section 225-1. Short title. Sec. 1-2. This Article may
12 be cited as the Randolph County Civic Center Law of 1997.
13 (Source: P.A. 86-907; 86-1028.)
14 (70 ILCS 325/1-3, in part)
15 Section 225-5. Definitions. Sec. 1-3. When used in this
16 Article:
17 "Authority" means the Randolph County Civic Center
18 Authority.
19 "Board" means the governing and administrative body of
20 the Randolph County Civic Center Authority.
21 "Metropolitan area" means all that territory in the State
22 of Illinois lying within the corporate boundaries of the
23 County of Randolph.
24 The principal office of the Authority shall be in
25 Randolph County.
26 (Source: P.A. 86-907; 86-1028.)
27 (70 ILCS 325/1-4, in part)
28 Section 225-10. Authority created; principal office.
29 Sec. 1-4. There is hereby created a political subdivision,
30 body politic and municipal corporation by the name and style
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1 of the Randolph County Civic Center Authority in the
2 metropolitan area.
3 The principal office of the Authority shall be in
4 Randolph County.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/1-14, in part)
7 Section 225-15. Board created. Sec. 1-14. The governing
8 and administrative body of the Authority shall be a board
9 consisting of 9 members and shall be known as the Randolph
10 County Civic Center Authority Board. The members of the
11 Board shall be individuals of generally recognized ability
12 and integrity.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/1-15, in part)
15 Section 225-20. Board members appointed. Sec. 1-15.
16 Within 60 days after September 11, 1989 (the effective date
17 of Article 1 of Public Act 86-907) this Act becomes
18 effective, the Chairman of the Randolph County Board, with
19 the advice and consent of the Randolph County Board, shall
20 appoint 3 members of the Board for initial terms expiring
21 June 1, 1990; 3 members for initial terms expiring June 1,
22 1991; and 3 members for initial terms expiring June 1, 1992.
23 The successors of the initial members shall be appointed in
24 like manner for 3 year terms from the date of appointment,
25 except in case of an appointment to fill a vacancy.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/1-16, in part)
28 Section 225-25. Removal of Board members. Sec. 1-16.
29 The appointing officer, with the advice and consent of the
30 Randolph County Board, may remove any member of the Board
31 appointed by him, in case of incompetency, neglect of duty or
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1 malfeasance in office, after service on him, by registered
2 United States mail, return receipt requested, of a copy of
3 the written charges against him and an opportunity to be
4 publicly heard in person or by counsel in his own defense
5 upon not less than 10 days notice.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/1-25, in part)
8 Section 225-30. Bidders; civil action to compel
9 compliance. Sec. 1-25. Any bidder who has submitted a bid in
10 compliance with the requirements for bidding under this
11 Article may bring a civil action in the Circuit Court of
12 Randolph County in which the metropolitan area is located to
13 compel compliance with the provisions of this Article Act
14 relating to the awarding of contracts by the Board.
15 (Source: P.A. 86-907.)
16 Section 225-35. Standard civic center provisions
17 incorporated by reference. The following Sections of this
18 Code are incorporated by reference into this Article:
19 Section 2-3. Purpose.
20 Section 2-5. Definitions.
21 Section 2-10. Lawsuits; common seal.
22 Section 2-15. Duties; auditorium, recreational, and other
23 buildings; lease of space.
24 Section 2-20. Rights and powers, including eminent
25 domain.
26 Section 2-25. Incurring obligations.
27 Section 2-30. Prompt payment.
28 Section 2-35. Acquisition of property from person,
29 State, or local agency.
30 Section 2-40. Federal money.
31 Section 2-45. Insurance.
32 Section 2-50. Borrowing; revenue bonds; suits to compel
-328- LRB9000879DJcd
1 performance.
2 Section 2-55. Bonds; nature of indebtedness.
3 Section 2-60. Investment in bonds.
4 Section 2-75. Board members; financial matters; conflict
5 of interest.
6 Section 2-80. Board members' oath.
7 Section 2-85. Board members; vacancy in office.
8 Section 2-90. Organization of the Board.
9 Section 2-95. Meetings; action by 5 Board members.
10 Section 2-100. Secretary; treasurer.
11 Section 2-105. Funds.
12 Section 2-110. Signatures on checks or drafts.
13 Section 2-115. General manager; other appointments.
14 Section 2-122. Rules and regulations; penalties.
15 Section 2-125. Contracts; award to other than highest or
16 lowest bidder by vote of 5 Board members.
17 Section 2-130. Bids and advertisements.
18 Section 2-135. Report and financial statement.
19 Section 2-140. State financial support.
20 Section 2-145. Anti-trust laws.
21 Section 2-150. Tax exemption.
22 ARTICLE 230. RIVER FOREST CIVIC CENTER
23 (70 ILCS 330/2)
24 Section 230-1. Short title. Sec. 2. This Article Act
25 shall be known and may be cited as the River Forest Civic
26 Center Law of 1997 Act.
27 (Source: P.A. 83-1451.)
28 (70 ILCS 330/3, in part)
29 Section 230-5. Definitions. Sec. 3. When used in this
30 Article Act:
31 "Authority" means the River Forest Metropolitan
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1 Exposition, Auditorium and Office Building Authority.
2 "Board" means the governing and administrative body of
3 the River Forest Metropolitan Exposition, Auditorium and
4 Office Building Authority.
5 "Metropolitan area" means all that territory in the State
6 of Illinois lying within the corporate boundaries of the
7 Township of River Forest.
8 (Source: P.A. 83-1451.)
9 (70 ILCS 330/4, in part)
10 Section 230-10. Authority created; principal office.
11 Sec. 4. There is hereby created a political subdivision,
12 body politic and municipal corporation by the name and style
13 of the River Forest Metropolitan Exposition, Auditorium and
14 Office Building Authority in the metropolitan area.
15 The principal office of the Authority shall be in the
16 Township of River Forest.
17 (Source: P.A. 83-1451.)
18 (70 ILCS 330/14, in part)
19 Section 230-15. Board created. Sec. 14. The governing
20 and administrative body of the Authority shall be a board
21 consisting of 5 members and shall be known as the River
22 Forest Metropolitan Exposition Auditorium and Office Building
23 Board.
24 (Source: P.A. 83-1451.)
25 (70 ILCS 330/15)
26 Section 230-20. Members of Board. Sec. 15. Membership
27 on the Board shall consist of those persons duly elected to
28 serve on the Board of Trustees of River Forest Township.
29 Terms for members of the Board shall coincide with their
30 respective terms of office as members of the Board of
31 Trustees of River Forest Township. Before entering upon the
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1 duties of his office, each member of the Board shall take and
2 subscribe the constitutional oath of office and file it in
3 the office of the Secretary of State.
4 (Source: P.A. 83-1451.)
5 (70 ILCS 330/17)
6 Section 230-25. Meetings; quorum; public records. Sec.
7 17. Regular meetings of the Board shall be held at least
8 once in each calendar month, the time and place of such
9 meetings to be fixed by the Board.
10 Three members of the Board shall constitute a quorum for
11 the transaction of business. All actions of the Board shall
12 be by ordinance or resolution and the affirmative vote of at
13 least 3 members shall be necessary for the adoption of any
14 ordinance or resolution.
15 All ordinances, resolutions and all proceedings of the
16 Authority and all documents and records in its possession
17 shall be public records, and open to public inspection,
18 except such documents and records as shall be kept or
19 prepared by the Board for use in negotiations, action or
20 proceedings to which the Authority is a party.
21 (Source: P.A. 83-1451.)
22 (70 ILCS 330/24, in part)
23 Section 230-30. Bidders; civil action to compel
24 compliance. Sec. 24. Any bidder who has submitted a bid in
25 compliance with the requirements for bidding under this
26 Article may bring a civil action in the circuit court in Cook
27 County to compel compliance with the provisions of this
28 Article Act relating to the awarding of contracts by the
29 Board.
30 (Source: P.A. 83-1451.)
31 Section 230-35. Standard civic center provisions
-331- LRB9000879DJcd
1 incorporated by reference. The following Sections of this
2 Code are incorporated by reference into this Article:
3 Section 2-3. Purpose.
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-16. Duties; auditorium and other buildings;
7 lease of space.
8 Section 2-20. Rights and powers, including eminent
9 domain.
10 Section 2-25. Incurring obligations.
11 Section 2-30. Prompt payment.
12 Section 2-35. Acquisition of property from person,
13 State, or local agency.
14 Section 2-40. Federal money.
15 Section 2-45. Insurance.
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance.
18 Section 2-55. Bonds; nature of indebtedness.
19 Section 2-60. Investment in bonds.
20 Section 2-75. Board members; financial matters; conflict
21 of interest.
22 Section 2-90. Organization of the Board.
23 Section 2-100. Secretary; treasurer.
24 Section 2-105. Funds.
25 Section 2-110. Signatures on checks or drafts.
26 Section 2-115. General manager; other appointments.
27 Section 2-122. Rules and regulations; penalties.
28 Section 2-125. Contracts; award to other than highest or
29 lowest bidder by vote of 5 Board members.
30 Section 2-130. Bids and advertisements.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-150. Tax exemption.
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1 ARTICLE 235. RIVERSIDE CIVIC CENTER
2 (70 ILCS 325/3-2)
3 Section 235-1. Short title. Sec. 3-2. This Article may
4 be cited as the Riverside Civic Center Law of 1997.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/3-3, in part)
7 Section 235-5. Definitions. Sec. 3-3. When used in this
8 Article:
9 "Authority" means the Riverside Civic Center Authority.
10 "Board" means the governing and administrative body of
11 the Riverside Civic Center Authority.
12 "Metropolitan area" means all that territory in the State
13 of Illinois lying within the corporate boundaries of the
14 Village of Riverside in Cook County, Illinois.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/3-4, in part)
17 Section 235-10. Authority created; principal office.
18 Sec. 3-4. There is hereby created a political subdivision,
19 body politic and municipal corporation by the name and style
20 of the Riverside Civic Center Authority in the metropolitan
21 area.
22 The principal office of the Authority shall be in the
23 Village of Riverside.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/3-14, in part)
26 Section 235-15. Board created. Sec. 3-14. The governing
27 and administrative body of the Authority shall be a board
28 consisting of 7 members and shall be known as the Riverside
29 Civic Center Authority Board. The members of the Board shall
30 be individuals of generally recognized ability and integrity.
-333- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/3-15)
3 Section 235-20. Board members. Sec. 3-15. Membership on
4 the Board shall consist of those persons duly elected to
5 serve as the President and members of the Board of Trustees
6 of the Village of Riverside, Illinois. Terms for members of
7 the Board shall coincide with their respective terms of
8 office as Village President and members of the Board of
9 Trustees of the Village of Riverside. Before entering upon
10 the duties of office, each member of the Board shall take and
11 subscribe the constitutional oath of office and file it in
12 the office of the Secretary of State.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/3-16)
15 Section 235-25. Board members; vacancy in office. Sec.
16 3-16. Members of the Board shall hold office until their
17 respective successors have been appointed and qualified. In
18 case of a failure to qualify within the time required, or of
19 abandonment of office, or in case of death, conviction of a
20 felony, permanent removal of residence from beyond the
21 boundaries of the metropolitan area, or removal from office,
22 the office of such member of the Board shall become vacant.
23 Each vacancy shall be filled for the unexpired term in the
24 same manner as provided by statute for filling a vacancy in
25 the office of Village President or Village Trustee.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/3-17)
28 Section 235-30. Organization of the Board. Sec. 3-17.
29 As soon as practicably possible after the effective date of
30 this Article, the Board shall organize for the transaction of
31 business, select a temporary secretary from its own number
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1 and adopt bylaws and regulations to govern its proceedings.
2 The Village President shall serve as chairman of the Board.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/3-25)
5 Section 235-35. Bids and advertisements. Sec. 3-25.
6 Advertisements for bids shall be published at least twice in
7 a bi-weekly newspaper of general circulation published in the
8 metropolitan area, the last publication to be at least 10
9 calendar days before the time for receiving bids, and such
10 advertisements shall also be posted on readily accessible
11 bulletin boards in the principal office of the Authority.
12 Such advertisements advertisement shall state the time and
13 place for receiving and opening of bids and, by reference to
14 plans and specifications on file at the time of the first
15 publication, or in the advertisement itself, shall describe
16 the character of the proposed contract in sufficient detail
17 to fully advise prospective bidders of their obligations and
18 to ensure free and open competitive bidding.
19 All bids in response to advertisements shall be sealed
20 and shall be publicly opened by the Board, and all bidders
21 shall be entitled to be present in person or by
22 representatives. Cash or a certified or satisfactory
23 cashier's check, as a deposit of good faith, in a reasonable
24 amount to be fixed by the Board before advertising for bids,
25 shall be required with the proposal of each bidder. Bond for
26 faithful performance of the contract with surety or sureties
27 satisfactory to the Board and adequate insurance may be
28 required in reasonable amounts to be fixed by the Board
29 before advertising for bids.
30 The contract shall be awarded as promptly as possible
31 after the opening of bids. The bid of the successful bidder,
32 as well as the bids of the unsuccessful bidders, shall be
33 placed on file and be open to public inspection. All bids
-335- LRB9000879DJcd
1 shall be void if any disclosure of the terms of any bid in
2 response to an advertisement is made or permitted to be made
3 by the Board before the time fixed for opening bids.
4 Any bidder who has submitted a bid in compliance with the
5 requirements for bidding may bring a civil action in the
6 Circuit Court of Cook County in which the metropolitan area
7 is located to compel compliance with the provisions of this
8 Article relating to the awarding of contracts by the Board.
9 (Source: P.A. 86-907.)
10 Section 235-40. Standard civic center provisions
11 incorporated by reference. The following Sections of this
12 Code are incorporated by reference into this Article:
13 Section 2-3. Purpose.
14 Section 2-5. Definitions.
15 Section 2-10. Lawsuits; common seal.
16 Section 2-15. Duties; auditorium, recreational, and other
17 buildings; lease of space.
18 Section 2-20. Rights and powers, including eminent
19 domain.
20 Section 2-25. Incurring obligations.
21 Section 2-30. Prompt payment.
22 Section 2-35. Acquisition of property from person,
23 State, or local agency.
24 Section 2-40. Federal money.
25 Section 2-45. Insurance.
26 Section 2-50. Borrowing; revenue bonds; suits to compel
27 performance.
28 Section 2-55. Bonds; nature of indebtedness.
29 Section 2-60. Investment in bonds.
30 Section 2-75. Board members; financial matters; conflict
31 of interest.
32 Section 2-96. Meetings; action by 4 Board members.
33 Section 2-100. Secretary; treasurer.
-336- LRB9000879DJcd
1 Section 2-105. Funds.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-122. Rules and regulations; penalties.
5 Section 2-125. Contracts; award to other than highest or
6 lowest bidder by vote of 5 Board members.
7 Section 2-135. Report and financial statement.
8 Section 2-140. State financial support.
9 Section 2-145. Anti-trust laws.
10 Section 2-150. Tax exemption.
11 ARTICLE 240. ROCKFORD CIVIC CENTER
12 (70 ILCS 340/1)
13 Section 240-1. Short title. Sec. 1. This Article Act
14 shall be known and may be cited as the Rockford Civic Center
15 Law of 1997 Act.
16 (Source: P.A. 76-1769.)
17 (70 ILCS 340/2, in part)
18 Section 240-5. Definitions. Sec. 2. When used in this
19 Article Act:
20 "Authority" means the Rockford Metropolitan Exposition,
21 Auditorium and Office Building Authority.
22 "Board" means the governing and administrative body of
23 the Rockford Metropolitan Exposition, Auditorium and Office
24 Building Authority.
25 "Metropolitan area" means all that territory in the State
26 of Illinois lying within the corporate boundaries of the
27 County of Winnebago.
28 (Source: P.A. 76-1769.)
29 (70 ILCS 340/3, in part)
30 Section 240-10. Authority created; principal office.
-337- LRB9000879DJcd
1 Sec. 3. There is hereby created a political subdivision, body
2 politic and municipal corporation by the name and style of
3 Rockford Metropolitan Exposition, Auditorium and Office
4 Building Authority in the metropolitan area.
5 The principal office of the Authority shall be in the
6 City of Rockford.
7 (Source: P.A. 76-1769.)
8 (70 ILCS 340/5)
9 Section 240-15. Rights and powers. Sec. 5. The
10 Authority shall have the following rights and powers duties:
11 (a) To acquire, own, construct, lease, operate, equip
12 and maintain fair, exposition, arena, office and municipal
13 office buildings, and associated facilities and grounds,
14 including sites and parking areas and facilities therefor
15 located within the metropolitan area.
16 (b) To plan for such grounds, centers and auditoriums
17 and to plan, sponsor, hold, arrange, and finance fairs,
18 industrial, cultural, educational, theatrical, sports, trade
19 and scientific exhibits, shows and events and to use or allow
20 the use of such grounds, centers and auditoriums for the
21 holding of fairs, exhibits, shows and events whether
22 conducted by the Authority or some other person or
23 governmental body or agency.
24 (c) To fix and collect just, reasonable and
25 nondiscriminatory charges and rents for the use of such
26 parking areas and facilities, grounds, centers, buildings and
27 auditoriums and admission charges to fairs, shows, exhibits
28 and events sponsored or held by the Authority and to lease
29 air space over and appurtenant to such areas, facilities,
30 grounds, centers, buildings and auditoriums. The charges so
31 collected may be made available to defray the reasonable
32 expenses of the Authority and to pay the principal of and the
33 interest upon any bonds issued by the Authority.
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1 (d) To own, lease or otherwise acquire an interest, in
2 whole or in part, in any public or private firm, corporation
3 or association useful for its purposes and in conformance
4 with its rights and powers.
5 (e) To enter into contracts, leases, obligations and the
6 like with any public or private person, firm, corporation or
7 association treating in any manner within the rights and
8 powers as set forth in this Article Act.
9 (Source: P.A. 83-893.)
10 (70 ILCS 340/9.1)
11 Section 240-20. State office building. The Authority
12 may Sec. 9.1. To make expenditures for the planning,
13 acquisition, development and construction of a State office
14 building in Rockford, Illinois. Such expenditures may be
15 made from funds appropriated for such purposes from the Build
16 Illinois Bond Fund or the Build Illinois Purposes Fund,
17 created by the 84th General Assembly.
18 (Source: P.A. 84-109.)
19 (70 ILCS 340/13)
20 Section 240-22. Bonds other than revenue bonds. Sec. 13.
21 No Bonds, other than revenue bonds issued pursuant to Section
22 2-52 10, shall be issued by the Authority until the
23 proposition to issue the same has been submitted to and
24 approved by a majority of the voters of said metropolitan
25 area voting upon the proposition at a general election in
26 accordance with the general election law. The Authority may
27 by resolution order such proposition submitted at a regular
28 election in accordance with the general election law,
29 whereupon the recording officer shall certify the resolution
30 and the proposition to the proper election officials for
31 submission. Any proposition to issue bonds as herein set
32 forth shall be in substantially the following form:
-339- LRB9000879DJcd
1 -------------------------------------------------------------
2 Shall bonds of the "Rockford
3 Metropolitan Exposition, Auditorium Auditorim YES
4 and Office Building Authority" to -------------------
5 the amount of .... Dollars ($ )
6 be issued for the purpose of ....
7 &M&M&M? NO
8 -------------------------------------------------------------
9 (Source: P.A. 81-1489.)
10 (70 ILCS 340/14)
11 Section 240-23. Tax. Sec. 14. If a majority of the voters
12 of said metropolitan area approve the issuance of bonds as
13 provided in Section 240-22 13 of this Act, the Authority
14 shall have power to levy and collect annually a sum
15 sufficient to pay for the annual principal and interest
16 charges on such bonds; provided, that such tax levy shall be
17 reduced by a sum equal to such grants or matching grants as
18 the Authority shall receive, in any year, for this purpose.
19 Such taxes proposed by the Authority to be levied upon
20 the taxable property within the metropolitan area shall be
21 levied by ordinance. After the ordinance has been adopted it
22 shall, within 10 days after its passage, be published once in
23 a newspaper published and having a general circulation within
24 the metropolitan area. A certified copy of such levy
25 ordinance shall be filed with the county clerk no later than
26 the 3rd Tuesday in September in each year. Thereupon the
27 county clerk shall extend such tax; provided the aggregate
28 amount of taxes levied for any one year shall not exceed the
29 rate of .0005% of the full fair cash value, as equalized or
30 assessed by the Department of Revenue.
31 (Source: P.A. 81-1509.)
32 (70 ILCS 340/15, in part)
-340- LRB9000879DJcd
1 Section 240-25. Board created. Sec. 15. The governing
2 and administrative body of the Authority shall be a board
3 consisting of 9 members and shall be known as the Rockford
4 Metropolitan Exposition Auditorium and Office Building Board.
5 The members of the board shall be individuals of generally
6 recognized ability and integrity.
7 (Source: P.A. 76-1769.)
8 (70 ILCS 340/16, in part)
9 Section 240-30. Board members appointed. Sec. 16. Within
10 60 days after October 7, 1969 (the effective date of Public
11 Act 76-1769), this act becomes effective the mayor of
12 Rockford, with the advice and consent of the Rockford city
13 council, shall appoint 5 members of the board for initial
14 terms expiring June first of the years 1970, 1971, 1972,
15 1973, and 1974 respectively; the mayor of Loves Park, with
16 the advice and consent of the Loves Park city council, shall
17 appoint one member for an initial term expiring June first,
18 1972; the Chairman of the Winnebago County Board, with the
19 advice and consent of the Winnebago County Board, shall
20 appoint 3 members for initial terms expiring June first of
21 the years 1970, 1972, and 1974, respectively. At the
22 expiration of the term of any member appointed by the Mayor
23 of Rockford, his successor shall be appointed by the Mayor of
24 Rockford in like manner; at the expiration of the term of the
25 member appointed by the Mayor of Loves Park, his successor
26 shall be appointed in like manner by the Mayor of Loves Park;
27 at the expiration of the term of any member appointed by the
28 Chairman of the Winnebago County Board, his successor shall
29 be appointed by the Chairman of the Winnebago County Board in
30 like manner as appointments for the initial term. All
31 successors shall hold office for a term of 5 five years from
32 the first day of June of the year in which they are
33 appointed, except in case of an appointment to fill a
-341- LRB9000879DJcd
1 vacancy.
2 (Source: P.A. 76-1769.)
3 (70 ILCS 340/19)
4 Section 240-35. Meetings; quorum; approval of ordinances
5 and resolutions by chairman; public records. Sec. 19. Regular
6 meetings of the Board shall be held at least once in each
7 calendar month, the time and place of such meetings to be
8 fixed by the Board.
9 Five members of the Board shall constitute a quorum for
10 the transaction of business. All action of the Board shall be
11 by ordinance or resolution and the affirmative vote of at
12 least 5 members shall be necessary for the adoption of any
13 ordinance or resolution.
14 All such ordinances and resolutions before taking effect
15 shall be approved by the chairman of the Board, and if he
16 shall approve thereof he shall sign the same, and such as he
17 shall not approve he shall return to the Board with his
18 objections thereto in writing at the next regular meeting of
19 the Board occurring after the passage thereof. But in case
20 the chairman shall fail to return any ordinance or resolution
21 with his objections thereto by the time aforesaid, he shall
22 be deemed to have approved the same and it shall take effect
23 accordingly. Upon the return of any ordinance or resolution
24 by the chairman with his objections, the vote by which the
25 same was passed shall be reconsidered by the Board, and if
26 upon such reconsideration said ordinance or resolution is
27 passed by the affirmative vote of at least 6 members, it
28 shall go into effect notwithstanding the veto of the
29 chairman.
30 All ordinances, resolutions and all proceedings of the
31 Authority and all documents and records in its possession
32 shall be public records, and open to public inspection,
33 except such documents and records as shall be kept or
-342- LRB9000879DJcd
1 prepared by the Board for use in negotiations, actions or
2 proceedings to which the Authority is a party.
3 (Source: P.A. 82-783.)
4 (70 ILCS 340/21)
5 Section 240-37. Funds; compliance with Public Funds
6 Investment Act. Sec. 21. All funds deposited by the treasurer
7 shall be placed in the name of the Authority and shall be
8 withdrawn or paid out only by check or draft upon the bank or
9 savings and loan association, signed by the treasurer and
10 countersigned by the chairman of the Board. The Board may
11 designate any of its members or any officer or employee of
12 the Authority to deposit funds or to sign any check or draft.
13 No bank or savings and loan association shall receive
14 public funds as permitted by this Section, unless it has
15 complied with the requirements established pursuant to
16 Section 6 of the Public Funds Investment Act "An Act relating
17 to certain investments of public funds by public agencies",
18 approved July 23, 1943, as now or hereafter amended.
19 (Source: P.A. 83-1362.)
20 (70 ILCS 340/23a)
21 Section 240-40. Security police force. Sec. 23a. The
22 Board of the Authority may establish and maintain a Security
23 Police Force and may define and prescribe all such peace
24 officers' duties and compensation. Every security police
25 officer appointed by the Board to such Security Police Force,
26 as the same shall be from time to time hereafter constituted,
27 shall have and is hereby vested with police powers, and is
28 hereby authorized to act as a conservator of the peace within
29 and upon driveways, sidewalks and property controlled by such
30 Authority, and shall have power to make arrests or cause to
31 be arrested, with or without process, any person who breaks
32 the peace, or may be found violating any of the penal
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1 ordinances of such Authority, or of the City of Rockford or
2 any criminal law of the State.
3 An arrest may be made by any such officer without a
4 warrant when a criminal offense is committed or attempted in
5 his presence or when a criminal offense has, in fact, been
6 committed, and the officer has reasonable ground for
7 believing that the person to be arrested has committed it.
8 Any person so arrested shall, without unnecessary delay, be
9 taken by such officer before the circuit court of the county
10 having jurisdiction of the offense committed or charged
11 against such person, and such police officer shall thereupon
12 make and file a complaint in writing under oath, against such
13 defendant, charging the violation by such defendant of such
14 statute or ordinance, and such offender shall thereupon be
15 dealt with according to law in the same manner as if he had
16 been arrested in the first instance under warrant lawfully
17 issued. However, no member of any such Security Police Force
18 shall be vested with any police power outside the limits of
19 the metropolitan area except pursuant to and in accordance
20 with an intergovernmental cooperation agreement to which the
21 Authority is a party.
22 In all actions for the violation of any ordinance of the
23 Authority, the first process shall be a summons or a warrant.
24 A warrant for the arrest of an accused person may issue upon
25 the affidavit of any person that an ordinance has been
26 violated, and that person making the complaint has reasonable
27 grounds to believe that the party charged is guilty thereof.
28 Every person arrested upon a warrant, without unnecessary
29 delay, shall be taken before the proper officer for trial.
30 The Board of the Authority may establish reasonable
31 eligibility requirements for appointment to such Security
32 Police Force relating to health, habits and moral character.
33 However, no person may be appointed hereunder unless that
34 person is at least 21 years of age. No person may be
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1 appointed to or be retained in the Security Police Force
2 unless that person is of good character and not a habitual
3 drunkard, gambler or a person convicted of a felony or a
4 crime involving moral turpitude. All such Security Police
5 Force personnel authorized to carry weapons shall receive a
6 course of training in the legal and practical use of such
7 weapons as is required of a police officer under the Peace
8 Officer Firearm Training Act "An Act in relation to firearms
9 training for peace officers", approved August 29, 1975, as
10 amended, and all such Security Police Force personnel shall
11 also have received the training and certification required by
12 the Illinois "Illinois Police Training Act" as now or
13 hereafter amended.
14 (Source: P.A. 83-535.)
15 (70 ILCS 340/24)
16 Section 240-45. Ordinances and rules; fines and
17 penalties. Sec. 24. The Board shall have power to pass all
18 ordinances and make all rules and regulations proper or
19 necessary to carry into effect the powers granted to the
20 Authority, with such fines or penalties as may be deemed
21 proper. No fine or penalty, however, shall exceed $500 and
22 no imprisonment authorized by this Section for failure to pay
23 any fine, penalty or cost shall exceed 6 months for one
24 offense. All fines and penalties shall be imposed by
25 ordinance, which shall be published in a newspaper of general
26 circulation published in the area embraced by the Authority.
27 No such ordinance shall take effect until ten days after its
28 publication.
29 The Board is authorized to recover the fines and
30 penalties imposed for violation of its ordinances by suit in
31 the name of the Authority before the circuit court of
32 Winnebago County. The procedure in such suits shall be the
33 same as that provided by law for like suits for the violation
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1 of ordinances in cities organized under the Illinois
2 Municipal Code, and offenders may be imprisoned for
3 nonpayment of fines and costs in the same manner as in such
4 cities. All fines when collected shall be paid into the
5 treasury of the Authority.
6 (Source: P.A. 83-535.)
7 (70 ILCS 340/25)
8 Section 240-50. Contracts. Sec. 25. All contracts for
9 sale of property of the value of more than $2500 or for an
10 concession in or lease of property including air rights, of
11 the Authority for a term of more than one year shall be
12 awarded to the highest responsible bidder, after advertising
13 for bids. All construction contracts and contracts for
14 supplies, materials, equipment and services, when the expense
15 thereof will exceed $2500, shall be let to the lowest
16 responsible bidder, after advertising for bids, excepting (1)
17 when repair parts, accessories, equipment or services are
18 required for equipment or services previously furnished or
19 contracted for; (2) when the nature of the services required
20 is such that competitive bidding is not in the best interest
21 of the public, including, without limiting the generality of
22 the foregoing, the services of accountants, architects,
23 attorneys, engineers, physicians, superintendents of
24 construction, and others possessing a high degree of skill;
25 and (3) when services such as water, light, heat, power,
26 telephone or telegraph are required.
27 All contracts involving less than $2500 shall be let by
28 competitive bidding to the lowest responsible bidder whenever
29 possible, and in any event in a manner calculated to ensure
30 insure the best interests of the public.
31 In determining the responsibility of any bidder, the
32 Board may take in account the past record of dealings with
33 the bidder, experience, adequacy of equipment, ability to
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1 complete performance within the time set, and other factors
2 besides financial responsibility, but in no case shall any
3 such contracts be awarded to any other than the highest
4 bidder (in case of sale, concession or lease) or the lowest
5 bidder (in case of purchase or expenditure) unless authorized
6 or approved by the affirmative vote of at least 6 six of the
7 members of the Board present at a meeting at which a quorum
8 is present, and unless such action is accompanied by a
9 statement in writing setting forth the reasons for not
10 awarding the contract to the highest or lowest bidder, as the
11 case may be, which statement shall be kept on file in the
12 principal office of the Authority and open to public
13 inspection.
14 From the group of responsible bidders the lowest bidder
15 shall be selected in the following manner: to all bids for
16 sales the gross receipts of which are not taxable under the
17 Retailers' "Retailers Occupation Tax Act", approved June 28,
18 1933, as amended, there shall be added an amount equal to the
19 tax which would be payable under said Act, if applicable, and
20 the lowest in amount of said adjusted bids and bids for sales
21 the gross receipts of which are taxable under said Act shall
22 be considered the lowest bid; provided, that, if said lowest
23 bid relates to a sale not taxable under said Act, any
24 contract entered into thereon shall be in the amount of the
25 original bid not adjusted as aforesaid.
26 Contracts shall not be split into parts involving
27 expenditures of less than $2500 for the purposes of avoiding
28 the provisions of this Section, and all such split contracts
29 shall be void. If any collusion occurs among bidders or
30 prospective bidders in restraint of freedom of competition,
31 by agreement to bid a fixed amount or to refrain from bidding
32 or otherwise, the bids of such bidders shall be void. Each
33 bidder shall accompany his bid with a sworn statement that he
34 has not been a party to any such agreement.
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1 Members of the Board, officers and employees of the
2 Authority, and their relatives within the fourth degree of
3 consanguinity by the terms of the civil law, are forbidden to
4 be interested directly or indirectly in any contract for
5 construction or maintenance work or for the delivery of
6 materials, supplies or equipment.
7 The Board shall have the right to reject all bids and to
8 readvertise for bids. If after any such advertisement no
9 responsible and satisfactory bid, within the terms of the
10 advertisement, shall be received, the Board may award such
11 contract, without competitive bidding, provided that it shall
12 not be less advantageous to the Authority than any valid bid
13 received pursuant to advertisement.
14 The Board shall adopt rules and regulations to carry into
15 effect the provisions of this Section.
16 (Source: P.A. 83-893.)
17 (70 ILCS 340/26, in part)
18 Section 240-55. Bidders; civil action to compel
19 compliance. Sec. 26. Any bidder who has submitted a bid in
20 compliance with the requirements for bidding under this
21 Article may bring a civil action in the circuit court in
22 Winnebago County to compel compliance with the provisions of
23 this Article Act relating to the awarding of contracts by the
24 Board.
25 (Source: P.A. 79-1358.)
26 Section 240-60. Standard civic center provisions
27 incorporated by reference. The following Sections of this
28 Code are incorporated by reference into this Article:
29 Section 2-5. Definitions.
30 Section 2-10. Lawsuits; common seal.
31 Section 2-16. Duties; auditorium and other buildings;
32 lease of space.
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1 Section 2-25. Incurring obligations.
2 Section 2-30. Prompt payment.
3 Section 2-35. Acquisition of property from person,
4 State, or local agency.
5 Section 2-40. Federal money.
6 Section 2-45. Insurance.
7 Section 2-52. Borrowing; revenue bonds; interest payable
8 semi-annually; bond sale price; effect of Omnibus Bond Acts.
9 Section 2-55. Bonds; nature of indebtedness.
10 Section 2-60. Investment in bonds.
11 Section 2-76. Board members; financial matters;
12 compensation for secretary or treasurer; conflict of
13 interest.
14 Section 2-80. Board members' oath.
15 Section 2-83. Removal of Board member from office.
16 Section 2-85. Board members; vacancy in office.
17 Section 2-90. Organization of the Board.
18 Section 2-101. Secretary; treasurer; funds deposited in
19 bank or savings and loan association.
20 Section 2-110. Signatures on checks or drafts.
21 Section 2-115. General manager; other appointments.
22 Section 2-130. Bids and advertisements.
23 Section 2-135. Report and financial statement.
24 Section 2-140. State financial support.
25 Section 2-145. Anti-trust laws.
26 Section 2-150. Tax exemption.
27 Section 2-155. Partial invalidity.
28 ARTICLE 245. SALEM CIVIC CENTER
29 (70 ILCS 335/2)
30 Section 245-1. Short title. Sec. 2. This Article may be
31 cited as the Salem Civic Center Law of 1997.
32 (Source: P.A. 86-1017.)
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1 (70 ILCS 335/3, in part)
2 Section 245-5. Definitions. Sec. 3. When used in this
3 Article:
4 "Authority" means the Salem Civic Center Authority.
5 "Board" means the governing and administrative body of
6 the Salem Civic Center Authority.
7 "Metropolitan area" means all that territory in the State
8 of Illinois lying within the corporate boundaries of the City
9 of Salem in Marion County.
10 (Source: P.A. 86-1017.)
11 (70 ILCS 335/4, in part)
12 Section 245-10. Authority created; principal office.
13 Sec. 4. There is hereby created a political subdivision,
14 body politic and municipal corporation by the name and style
15 of the Salem Civic Center Authority in the metropolitan area.
16 The principal office of the Authority shall be in the
17 City of Salem.
18 (Source: P.A. 86-1017.)
19 (70 ILCS 335/11.5)
20 Section 245-12. Sec. 11.5. Use and occupation taxes.
21 (a) The Authority may adopt a resolution that authorizes
22 a referendum on the question of whether the Authority shall
23 be authorized to impose a retailers' occupation tax, a
24 service occupation tax, and a use tax in one-quarter percent
25 increments at a rate not to exceed 1%. The Authority shall
26 certify the question to the proper election authorities who
27 shall submit the question to the voters of the metropolitan
28 area at the next regularly scheduled election in accordance
29 with the general election law. The question shall be in
30 substantially the following form:
31 "Shall the Salem Civic Center Authority be authorized to
32 impose a retailers' occupation tax, a service occupation
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1 tax, and a use tax at the rate of (rate) for the sole
2 purpose of obtaining funds for the support, construction,
3 maintenance, or financing of a facility of the
4 Authority?"
5 Votes shall be recorded as "yes" or "no". If a majority
6 of all votes cast on the proposition are in favor of the
7 proposition, the Authority is authorized to impose the tax.
8 (b) The Authority shall impose the retailers' occupation
9 tax upon all persons engaged in the business of selling
10 tangible personal property at retail in the metropolitan
11 area, at the rate approved by referendum, on the gross
12 receipts from the sales made in the course of such business
13 within the metropolitan area. The tax imposed under this
14 Section and all civil penalties that may be assessed as an
15 incident thereof shall be collected and enforced by the
16 Department of Revenue. The Department has full power to
17 administer and enforce this Section; to collect all taxes and
18 penalties so collected in the manner provided in this
19 Section; and to determine all rights to credit memoranda
20 arising on account of the erroneous payment of tax or penalty
21 hereunder. In the administration of, and compliance with,
22 this Section, the Department and persons who are subject to
23 this Section shall (i) have the same rights, remedies,
24 privileges, immunities, powers and duties, (ii) be subject to
25 the same conditions, restrictions, limitations, penalties,
26 exclusions, exemptions, and definitions of terms, and (iii)
27 employ the same modes of procedure as are prescribed in
28 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2,
29 2-5, 2-5.5, 2-10 (in respect to all provisions therein other
30 than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3
31 (except as to the disposition of taxes and penalties
32 collected and provisions related to quarter monthly
33 payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l,
34 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
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1 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
2 Penalty and Interest Act, as fully as if those provisions
3 were set forth in this subsection.
4 Persons subject to any tax imposed under this subsection
5 may reimburse themselves for their seller's tax liability by
6 separately stating the tax as an additional charge, which
7 charge may be stated in combination, in a single amount, with
8 State taxes that sellers are required to collect, in
9 accordance with such bracket schedules as the Department may
10 prescribe.
11 Whenever the Department determines that a refund should
12 be made under this subsection to a claimant instead of
13 issuing a credit memorandum, the Department shall notify the
14 State Comptroller, who shall cause the warrant to be drawn
15 for the amount specified, and to the person named, in the
16 notification from the Department. The refund shall be paid
17 by the State Treasurer out of the tax fund referenced under
18 paragraph (g) of this Section.
19 If a tax is imposed under this subsection (b), a tax
20 shall also be imposed at the same rate under subsections (c)
21 and (d) of this Section.
22 For the purpose of determining whether a tax authorized
23 under this Section is applicable, a retail sale, by a
24 producer of coal or other mineral mined in Illinois, is a
25 sale at retail at the place where the coal or other mineral
26 mined in Illinois is extracted from the earth. This
27 paragraph does not apply to coal or other mineral when it is
28 delivered or shipped by the seller to the purchaser at a
29 point outside Illinois so that the sale is exempt under the
30 Federal Constitution as a sale in interstate or foreign
31 commerce.
32 Nothing in this Section shall be construed to authorize
33 the Authority to impose a tax upon the privilege of engaging
34 in any business which under the Constitution of the United
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1 States may not be made the subject of taxation by this State.
2 (c) If a tax has been imposed under subsection (b), a
3 service occupation tax shall also be imposed at the same rate
4 upon all persons engaged, in the metropolitan area, in the
5 business of making sales of service, who, as an incident to
6 making those sales of service, transfer tangible personal
7 property within the metropolitan area as an incident to a
8 sale of service. The tax imposed under this subsection and
9 all civil penalties that may be assessed as an incident
10 thereof shall be collected and enforced by the Department of
11 Revenue. The Department has full power to administer and
12 enforce this paragraph; to collect all taxes and penalties
13 due hereunder; to dispose of taxes and penalties so collected
14 in the manner hereinafter provided; and to determine all
15 rights to credit memoranda arising on account of the
16 erroneous payment of tax or penalty hereunder. In the
17 administration of, and compliance with this paragraph, the
18 Department and persons who are subject to this paragraph
19 shall (i) have the same rights, remedies, privileges,
20 immunities, powers, and duties, (ii) be subject to the same
21 conditions, restrictions, limitations, penalties, exclusions,
22 exemptions, and definitions of terms, and (iii) employ the
23 same modes of procedure as are prescribed in Sections 2
24 (except that the reference to State in the definition of
25 supplier maintaining a place of business in this State shall
26 mean the metropolitan area), 2a, 2b, 3 through 3-55 (in
27 respect to all provisions therein other than the State rate
28 of tax), 4 (except that the reference to the State shall be
29 to the Authority), 5, 7, 8 (except that the jurisdiction to
30 which the tax shall be a debt to the extent indicated in that
31 Section 8 shall be the Authority), 9 (except as to the
32 disposition of taxes and penalties collected, and except that
33 the returned merchandise credit for this tax may not be taken
34 against any State tax), 11, 12 (except the reference therein
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1 to Section 2b of the Retailers' Occupation Tax Act), 13
2 (except that any reference to the State shall mean the
3 Authority), 15, 16, 17, 18, 19 and 20 of the Service
4 Occupation Tax Act and Section 3-7 of the Uniform Penalty and
5 Interest Act, as fully as if those provisions were set forth
6 herein.
7 Persons subject to any tax imposed under the authority
8 granted in this subsection may reimburse themselves for their
9 serviceman's tax liability by separately stating the tax as
10 an additional charge, which charge may be stated in
11 combination, in a single amount, with State tax that
12 servicemen are authorized to collect under the Service Use
13 Tax Act, in accordance with such bracket schedules as the
14 Department may prescribe.
15 Whenever the Department determines that a refund should
16 be made under this subsection to a claimant instead of
17 issuing a credit memorandum, the Department shall notify the
18 State Comptroller, who shall cause the warrant to be drawn
19 for the amount specified, and to the person named, in the
20 notification from the Department. The refund shall be paid
21 by the State Treasurer out of the tax fund referenced under
22 paragraph (g) of this Section.
23 Nothing in this paragraph shall be construed to authorize
24 the Authority to impose a tax upon the privilege of engaging
25 in any business which under the Constitution of the United
26 States may not be made the subject of taxation by the State.
27 (d) If a tax has been imposed under subsection (b), a
28 use tax shall also be imposed at the same rate upon the
29 privilege of using, in the metropolitan area, any item of
30 tangible personal property that is purchased outside the
31 metropolitan area at retail from a retailer, and that is
32 titled or registered at a location within the metropolitan
33 area with an agency of this State's government. "Selling
34 price" is defined as in the Use Tax Act. The tax shall be
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1 collected from persons whose Illinois address for titling or
2 registration purposes is given as being in the metropolitan
3 area. The tax shall be collected by the Department of
4 Revenue for the Authority. The tax must be paid to the State,
5 or an exemption determination must be obtained from the
6 Department of Revenue, before the title or certificate of
7 registration for the property may be issued. The tax or
8 proof of exemption may be transmitted to the Department by
9 way of the State agency with which, or the State officer with
10 whom, the tangible personal property must be titled or
11 registered if the Department and the State agency or State
12 officer determine that this procedure will expedite the
13 processing of applications for title or registration.
14 The Department has full power to administer and enforce
15 this paragraph; to collect all taxes, penalties and interest
16 due hereunder; to dispose of taxes, penalties and interest so
17 collected in the manner hereinafter provided; and to
18 determine all rights to credit memoranda or refunds arising
19 on account of the erroneous payment of tax, penalty or
20 interest hereunder. In the administration of, and compliance
21 with, this subsection, the Department and persons who are
22 subject to this paragraph shall (i) have the same rights,
23 remedies, privileges, immunities, powers, and duties, (ii) be
24 subject to the same conditions, restrictions, limitations,
25 penalties, exclusions, exemptions, and definitions of terms,
26 and (iii) employ the same modes of procedure as are
27 prescribed in Sections 2 (except the definition of "retailer
28 maintaining a place of business in this State"), 3, 3-5,
29 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a, 4, 6, 7, 8 (except
30 that the jurisdiction to which the tax shall be a debt to the
31 extent indicated in that Section 8 shall be the Authority), 9
32 (except provisions relating to quarter monthly payments), 10,
33 11, 12, 12a, 12b, 13, 14, 15, 19, 20, 21, and 22 of the Use
34 Tax Act and Section 3-7 of the Uniform Penalty and Interest
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1 Act, that are not inconsistent with this paragraph, as fully
2 as if those provisions were set forth herein.
3 Whenever the Department determines that a refund should
4 be made under this subsection to a claimant instead of
5 issuing a credit memorandum, the Department shall notify the
6 State Comptroller, who shall cause the order to be drawn for
7 the amount specified, and to the person named, in the
8 notification from the Department. The refund shall be paid by
9 the State Treasurer out of the tax fund referenced under
10 paragraph (g) of this Section.
11 (e) A certificate of registration issued by the State
12 Department of Revenue to a retailer under the Retailers'
13 Occupation Tax Act or under the Service Occupation Tax Act
14 shall permit the registrant to engage in a business that is
15 taxed under the tax imposed under paragraphs (b), (c), or (d)
16 of this Section and no additional registration shall be
17 required. A certificate issued under the Use Tax Act or the
18 Service Use Tax Act shall be applicable with regard to any
19 tax imposed under paragraph (c) of this Section.
20 (f) The results of any election authorizing a
21 proposition to impose a tax under this Section or effecting a
22 change in the rate of tax shall be certified by the proper
23 election authorities and filed with the Illinois Department
24 on or before the first day of April. In addition, an
25 ordinance imposing, discontinuing, or effecting a change in
26 the rate of tax under this Section shall be adopted and a
27 certified copy thereof filed with the Department on or before
28 the first day of April. After proper receipt of such
29 certifications, the Department shall proceed to administer
30 and enforce this Section as of the first day of July next
31 following such adoption and filing.
32 (g) The Department of Revenue shall, upon collecting any
33 taxes and penalties as provided in this Section, pay the
34 taxes and penalties over to the State Treasurer as trustee
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1 for the Authority. The taxes and penalties shall be held in a
2 trust fund outside the State Treasury. On or before the 25th
3 day of each calendar month, the Department of Revenue shall
4 prepare and certify to the Comptroller of the State of
5 Illinois the amount to be paid to the Authority, which shall
6 be the balance in the fund, less any amount determined by the
7 Department to be necessary for the payment of refunds. Within
8 10 days after receipt by the Comptroller of the certification
9 of the amount to be paid to the Authority, the Comptroller
10 shall cause an order to be drawn for payment for the amount
11 in accordance with the directions contained in the
12 certification. Amounts received from the tax imposed under
13 this Section shall be used only for the support,
14 construction, maintenance, or financing of a facility of the
15 Authority.
16 (h) When certifying the amount of a monthly disbursement
17 to the Authority under this Section, the Department shall
18 increase or decrease the amounts by an amount necessary to
19 offset any miscalculation of previous disbursements. The
20 offset amount shall be the amount erroneously disbursed
21 within the previous 6 months from the time a miscalculation
22 is discovered.
23 (i) This Section may be cited as the Salem Civic Center
24 Use and Occupation Tax Law.
25 (Source: P.A. 89-460, eff. 5-24-96.)
26 (70 ILCS 335/14, in part)
27 Section 245-15. Board created. Sec. 14. The governing
28 and administrative body of the Authority shall be a board
29 consisting of 7 members and shall be known as the Salem Civic
30 Center Authority Board. The members of the Board shall be
31 individuals of generally recognized ability and integrity.
32 (Source: P.A. 86-1017.)
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1 (70 ILCS 335/15, in part)
2 Section 245-20. Board members appointed. Sec. 15.
3 Within 60 days after January 9, 1990 (the effective date of
4 Article 2 of Public Act 86-1017) this Article becomes
5 effective, the mayor of the City of Salem, with the advice
6 and consent of the Salem city council, shall appoint 3
7 members of the Board for initial terms expiring June 1, 1991;
8 2 members for initial terms expiring June 1, 1992; and 2
9 members for initial terms expiring June 1, 1993. The
10 successors of the initial members shall be appointed in like
11 manner for 3 year terms from the date of appointment, except
12 in case of an appointment to fill a vacancy.
13 (Source: P.A. 86-1017.)
14 (70 ILCS 335/16, in part)
15 Section 245-25. Removal of Board members. Sec. 16. The
16 appointing officer, with the advice and consent of the Salem
17 city council, may remove any member of the Board appointed by
18 him, in case of incompetency, neglect of duty or malfeasance
19 in office, after service on him, by registered United States
20 mail, return receipt requested, of a copy of the written
21 charges against him and an opportunity to be publicly heard
22 in person or by counsel in his own defense upon not less than
23 10 days notice.
24 (Source: P.A. 86-1017.)
25 (70 ILCS 335/25, in part)
26 Section 245-30. Bidders; civil action to compel
27 compliance. Sec. 25. Any bidder who has submitted a bid in
28 compliance with the requirements for bidding under this
29 Article may bring a civil action in the circuit court of
30 Marion County in which the metropolitan area is located to
31 compel compliance with the provisions of this Article
32 relating to the awarding of contracts by the Board.
-358- LRB9000879DJcd
1 (Source: P.A. 86-1017.)
2 Section 245-35. Standard civic center provisions
3 incorporated by reference. The following Sections of this
4 Code are incorporated by reference into this Article:
5 Section 2-3. Purpose.
6 Section 2-5. Definitions.
7 Section 2-10. Lawsuits; common seal.
8 Section 2-15. Duties; auditorium, recreational, and other
9 buildings; lease of space.
10 Section 2-20. Rights and powers, including eminent
11 domain.
12 Section 2-25. Incurring obligations.
13 Section 2-30. Prompt payment.
14 Section 2-35. Acquisition of property from person,
15 State, or local agency.
16 Section 2-40. Federal money.
17 Section 2-45. Insurance.
18 Section 2-50. Borrowing; revenue bonds; suits to compel
19 performance.
20 Section 2-55. Bonds; nature of indebtedness.
21 Section 2-60. Investment in bonds.
22 Section 2-75. Board members; financial matters; conflict
23 of interest.
24 Section 2-80. Board members' oath.
25 Section 2-85. Board members; vacancy in office.
26 Section 2-90. Organization of the Board.
27 Section 2-96. Meetings; action by 4 Board members.
28 Section 2-100. Secretary; treasurer.
29 Section 2-105. Funds.
30 Section 2-110. Signatures on checks or drafts.
31 Section 2-115. General manager; other appointments.
32 Section 2-122. Rules and regulations; penalties.
33 Section 2-126. Contracts; award to other than highest or
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1 lowest bidder by vote of 4 Board members.
2 Section 2-130. Bids and advertisements.
3 Section 2-135. Report and financial statement.
4 Section 2-140. State financial support.
5 Section 2-145. Anti-trust laws.
6 Section 2-150. Tax exemption.
7 ARTICLE 250. SHELDON CIVIC CENTER
8 (70 ILCS 220/8-1)
9 Section 250-1. Short title. Sec. 8-1. This Article
10 shall be known and may be cited as the Sheldon "Sheldon Civic
11 Center Law of 1997 Act".
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/8-2, in part)
14 Section 250-5. Definitions. Sec. 8-2. As used in this
15 Article, unless the context otherwise requires:
16 "Authority" means the Sheldon Metropolitan Exposition,
17 Auditorium and Office Building Authority.
18 "Board" means the governing and administrative body of
19 the Sheldon Metropolitan Exposition, Auditorium and Office
20 Building Authority.
21 "Metropolitan area" means all that territory which lies
22 within the corporate boundaries of the Village of Sheldon.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/8-3, in part)
25 Section 250-10. Authority created; principal office.
26 Sec. 8-3. There is hereby created a unit of local government
27 known as the Sheldon Metropolitan Exposition, Auditorium and
28 Office Building Authority in the metropolitan area.
29 The principal office of the Authority shall be in the
30 Village of Sheldon.
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1 (Source: P.A. 84-245.)
2 (70 ILCS 220/8-11)
3 Section 250-15. Bonds; nature of indebtedness. Sec.
4 8-11. Under no circumstances shall any bonds issued by the
5 Authority be or become an indebtedness or obligation of the
6 State of Illinois or any unit of local government or school
7 district within the State, nor shall any such bond or
8 obligation be or become an indebtedness of the Authority
9 within the purview of any constitutional limitation or
10 provision, and it shall be plainly stated on the face of each
11 bond that it does not constitute such an indebtedness or
12 obligation but is payable solely from revenues or income.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/8-12)
15 Section 250-20. Investment in bonds. Sec. 8-12. The
16 State and all counties, cities, villages, incorporated towns
17 and other units of local government and public bodies, and
18 public officers of any thereof; , all banks, bankers, trust
19 companies, savings banks and institutions, building and loan
20 associations, savings and loan associations, investment
21 companies and other persons carrying on an insurance
22 business; and all executors, administrators, guardians,
23 trustees and other fiduciaries may legally invest any sinking
24 funds, moneys or other funds belonging to them or within
25 their control in any bonds issued pursuant to this Article
26 Act, it being the purpose of this Section to authorize the
27 investment in such bonds of all sinking, insurance,
28 retirement, compensation, pension and trust funds, whether
29 owned or controlled by private or public persons or officers;
30 provided, however, that nothing contained in this Section may
31 be construed as relieving any person from any duty of
32 exercising reasonable care in selecting securities for
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1 investment.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/8-13, in part)
4 Section 250-25. Board created. Sec. 8-13. The governing
5 and administrative body of the Authority shall be a board
6 consisting of 7 members and shall be known as the Sheldon
7 Metropolitan Exposition Auditorium and Office Building Board.
8 The members of the board shall be individuals of generally
9 recognized ability and integrity.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/8-14, in part)
12 Section 250-30. Board members appointed. Sec. 8-14.
13 Within 60 days after September 3, 1985 (the effective date of
14 Article 8 of Public Act 84-245) this Act becomes effective,
15 the Village President of Sheldon, with the advice and consent
16 of the Sheldon Village Board of Trustees, shall appoint 7
17 members of the Board, 2 members to be appointed for terms
18 expiring July 1, 1988, 2 members to be appointed for terms
19 expiring July 1, 1987, and 3 members to be appointed for
20 terms expiring July 1, 1986, such terms commencing on the
21 date each is appointed. At the expiration of the term of any
22 member, his successor shall be appointed by the Village
23 President of Sheldon in a like manner. All successors shall
24 hold office for a term of 3 years from the date of
25 appointment, except in case of an appointment to fill a
26 vacancy.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/8-25)
29 Section 250-35. Report and financial statement. Sec.
30 8-25. As soon after the end of each fiscal year as may be
31 expedient, the Board shall cause to be prepared and printed a
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1 complete and detailed report and financial statement of its
2 operations and of its assets and liabilities. A reasonably
3 sufficient number of copies of such report shall be printed
4 for distribution to persons interested upon request, and a
5 copy thereof shall be filed with the county clerk and the
6 Village President of Sheldon.
7 (Source: P.A. 84-245.)
8 Section 250-40. Standard civic center provisions
9 incorporated by reference. The following Sections of this
10 Code are incorporated by reference into this Article:
11 Section 2-5. Definitions.
12 Section 2-10. Lawsuits; common seal.
13 Section 2-17. Duties; auditorium and other buildings.
14 Section 2-21. Rights and powers.
15 Section 2-25. Incurring obligations.
16 Section 2-36. Acquisition of property from person or
17 governmental agency.
18 Section 2-40. Federal money.
19 Section 2-45. Insurance.
20 Section 2-51. Borrowing; revenue bonds; mandamus or other
21 actions to compel performance.
22 Section 2-75. Board members; financial matters; conflict
23 of interest.
24 Section 2-80. Board members' oath.
25 Section 2-83. Removal of Board member from office.
26 Section 2-85. Board members; vacancy in office.
27 Section 2-90. Organization of the Board.
28 Section 2-96. Meetings; action by 4 Board members.
29 Section 2-101. Secretary; treasurer; funds deposited in
30 bank or savings and loan association.
31 Section 2-106. Funds; compliance with Public Funds
32 Investment Act.
33 Section 2-110. Signatures on checks or drafts.
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1 Section 2-115. General manager; other appointments.
2 Section 2-120. Ordinances, rules, and regulations; fines
3 and penalties.
4 Section 2-127. Contracts; award to other than highest or
5 lowest bidder by four-fifths vote.
6 Section 2-130. Bids and advertisements.
7 Section 2-140. State financial support.
8 Section 2-145. Anti-trust laws.
9 Section 2-150. Tax exemption.
10 ARTICLE 255. SPRINGFIELD METROPOLITAN EXPOSITION
11 AND AUDITORIUM AUTHORITY
12 (70 ILCS 345/1)
13 Section 255-1. Short title. Sec. 1. This Article Act
14 shall be known and may be cited as the Springfield
15 Metropolitan Exposition and Auditorium Authority Law of 1997
16 Act.
17 (Source: Laws 1965, p. 2756.)
18 (70 ILCS 345/2, in part)
19 Section 255-5. Definitions. Sec. 2. When used in this
20 Article Act:
21 "Authority" means the Springfield Metropolitan Exposition
22 and Auditorium Authority.
23 "Board" means the governing and administrative body of
24 the Springfield Metropolitan Exposition and Auditorium
25 Authority.
26 "Governor" means the Governor of the State of Illinois.
27 "Metropolitan area" means all that territory in the State
28 of Illinois lying within the corporate boundaries of the
29 Townships of Springfield, Woodside and Capital in the County
30 of Sangamon.
31 (Source: P.A. 78-467.)
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1 (70 ILCS 345/3, in part)
2 Section 255-10. Authority created; principal office.
3 Sec. 3. There is hereby created a political subdivision, body
4 politic and municipal corporation by the name and style of
5 Springfield Metropolitan Exposition and Auditorium Authority
6 in the metropolitan area.
7 The principal office of the Authority shall be in the
8 City of Springfield.
9 (Source: Laws 1965, p. 2756.)
10 (70 ILCS 345/4)
11 Section 255-15. Duties. Sec. 4. It shall be the duty of
12 the authority to promote, operate and maintain expositions
13 and conventions from time to time in the metropolitan area
14 and in connection therewith to arrange, finance and maintain
15 industrial, cultural, educational, trade and scientific
16 exhibits and to construct, equip and maintain auditoriums and
17 exposition buildings for such purposes. The Authority is
18 granted all rights and powers necessary to perform such
19 duties.
20 (Source: Laws 1965, p. 2756.)
21 (70 ILCS 345/5)
22 Section 255-20. Rights and powers. Sec. 5. The
23 Springfield Metropolitan Exposition and Auditorium Authority
24 shall have the following rights and powers:
25 (a) To purchase, own, construct, lease as lessee or in
26 any other way acquire, improve, extend, repair, reconstruct,
27 regulate, operate, equip and maintain fair and exposition
28 grounds, convention or exhibition centers and civic
29 auditoriums, including sites and parking areas and facilities
30 therefor located within the metropolitan area;
31 (b) To plan for such grounds, centers and auditoriums
32 and to plan, sponsor, hold, arrange and finance fairs,
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1 industrial, cultural, educational, trade and scientific
2 exhibits, shows and events and to use or allow the use of
3 such grounds, centers and auditoriums for the holding of
4 fairs, exhibits, shows and events whether conducted by the
5 Authority or some other person or governmental agency;
6 (c) To exercise the right of eminent domain to acquire
7 sites for such grounds, centers and auditoriums, and parking
8 areas and facilities in the manner provided for the exercise
9 of the right of eminent domain under Article VII of the Code
10 of Civil Procedure, as amended;
11 (d) To fix and collect just, reasonable and
12 nondiscriminatory charges for the use of such parking areas
13 and facilities, grounds, centers and auditoriums and
14 admission charges to fairs, shows, exhibits and events
15 sponsored or held by the Authority. The charges collected may
16 be made available to defray the reasonable expenses of the
17 Authority and to pay the principal of and the interest on any
18 bonds issued by the Authority;
19 (e) To enter into contracts treating in any manner with
20 the objects and purposes of this Article Act.
21 (Source: P.A. 82-783.)
22 (70 ILCS 345/8)
23 Section 255-25. Federal money. Sec. 8. The Authority
24 shall have the power to apply for and accept grants, loans or
25 appropriations from the Federal Government or any agency or
26 instrumentality thereof to be used for any of the purposes of
27 the Authority and to enter into any agreement with the
28 Federal Government in relation to such grants, loans or
29 appropriations.
30 (Source: Laws 1965, p. 2756.)
31 (70 ILCS 345/10)
32 Section 255-30. Borrowing; revenue bonds. Sec. 10. The
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1 Authority shall have the continuing power to borrow money for
2 the purpose of carrying out and performing its duties and
3 exercising its rights and powers under this Article Act.
4 For the purpose of evidencing the obligation of the
5 Authority to repay any money borrowed as aforesaid, the
6 Authority may, pursuant to an ordinance adopted by the Board,
7 from time to time issue and dispose of its interest bearing
8 revenue bonds, and may also from time to time issue and
9 dispose of its interest bearing revenue bonds to refund any
10 of its interest bearing revenue bonds or its general
11 obligation bonds at maturity or pursuant to redemption
12 provisions or at any time before maturity with the consent of
13 the holders thereof. All such interest bearing revenue bonds
14 of the Authority shall be payable solely from such of the
15 revenues or income to be derived from the fairs, exhibits,
16 shows and events and other authorized activities operated by
17 it, the charges made for the use of its facilities and the
18 funds, if any, received and to be received by the Authority
19 from any other source as are pledged by the ordinance
20 authorizing the bonds. Such bonds may bear such date or
21 dates, may mature at such time or times not exceeding forty
22 years from their respective dates, may bear interest at such
23 rate or rates, not exceeding the maximum rate authorized by
24 the Bond Authorization Act, as amended at the time of the
25 making of the contract, payable semi-annually, may be in such
26 form, may carry such registration privileges, may be payable
27 at such place or places, may be made subject to redemption in
28 such manner and upon such terms, with or without premium as
29 is stated on the face thereof, may be executed in such manner
30 and may contain such terms and covenants, all as may be
31 provided in said ordinance. In case any officer whose
32 signature appears on any bond ceases (after attaching his
33 signature) to hold office, his signature shall nevertheless
34 be valid and effective for all purposes. The holder or
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1 holders of any bonds, or interest coupons appertaining
2 thereto issued by the Authority may bring a mandamus,
3 injunction, or any other civil action or proceeding to compel
4 the performance and observance by the Authority or any of its
5 officers, agents or employees of any contract or covenant
6 made by the Authority with the holders of such bonds or
7 interest coupons, and to compel the Authority and any of its
8 officers, agents or employees to perform any duties required
9 to be performed for the benefit of the holders of any such
10 bonds or interest coupons by the provisions of the ordinance
11 authorizing their issuance, and to enjoin the Authority and
12 any of its officers, agents or employees from taking any
13 action in conflict with any such contract or covenant.
14 Notwithstanding the form and tenor of any such bonds and
15 in the absence of any express recital on the face thereof
16 that it is non-negotiable, all such bonds shall be negotiable
17 instruments under the law of the State of Illinois.
18 The bonds shall be sold by the corporate authorities of
19 the Authority in such manner as said corporate authorities
20 shall determine, except that if issued to bear interest at
21 the maximum rate authorized by the Bond Authorization Act, as
22 amended at the time of the making of the contract, the bonds
23 shall be sold for not less than par and accrued interest and
24 except that the selling price of bonds bearing interest at a
25 rate of less than the maximum rate authorized by the Bond
26 Authorization Act, as amended at the time of the making of
27 the contract, shall be such that the interest cost to the
28 Authority of the money received from the sale of the bonds
29 shall not exceed the maximum rate authorized by the Bond
30 Authorization Act, as amended at the time of the making of
31 the contract, computed to absolute maturity of said bonds
32 according to standard tables of bond values.
33 From and after the issuance of any bonds as herein
34 provided it shall be the duty of the corporate authorities of
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1 the Authority to fix and establish rates, charges, rents and
2 fees for the use of facilities acquired, constructed,
3 reconstructed, extended or improved with the proceeds of the
4 sale of said bonds sufficient at all times, with other
5 revenues of the Authority so pledged to pay:
6 (a) the cost of maintaining, repairing, regulating and
7 operating the said facilities; and
8 (b) the bonds and interest thereon as they shall become
9 due, and all sinking fund requirements and other requirements
10 provided by the ordinance authorizing the issuance of the
11 bonds or as provided by any trust agreement executed to
12 secure payment thereof.
13 To secure the payment of any or all of such bonds and for
14 the purpose of setting forth the covenants and undertaking of
15 the Authority in connection with the issuance thereof and the
16 issuance of any additional bonds payable from such revenue
17 income to be derived from the fairs, exhibits, shows and
18 events and from charges made for the use of its facilities or
19 for admissions to its events, or from other revenue, if any,
20 the Authority may execute and deliver a trust agreement or
21 agreements; provided that no lien upon any physical property
22 of the Authority shall be created thereby.
23 A remedy for any breach or default of the terms of any
24 such trust agreement by the Authority may be had by mandamus,
25 injunction, or other civil actions action or other
26 proceedings in any court of competent jurisdiction to compel
27 performance and compliance therewith, but the trust agreement
28 may prescribe by whom or on whose behalf such action may be
29 instituted.
30 Before any such revenue bonds (excepting refunding bonds)
31 are sold the entire authorized issue, or any part thereof,
32 shall be offered for sale as a unit after advertising for
33 bids at least three times in a daily newspaper of general
34 circulation published in the metropolitan area, the last
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1 publication to be at least ten days before bids are required
2 to be filed. Copies of such advertisement may be published in
3 any newspaper or financial publication in the United States.
4 All bids shall be sealed, filed and opened as provided by
5 ordinance and the bonds shall be awarded to the highest and
6 best bidder or bidders therefor. The Authority shall have
7 the right to reject all bids and readvertise for bids in the
8 manner provided for in the initial advertisement. However,
9 if no bids are received such bonds may be sold at not less
10 than par value, without further advertising, within 60 days
11 after the bids are required to be filed pursuant to any
12 advertisement.
13 With respect to instruments for the payment of money
14 issued under this Section either before, on, or after the
15 effective date of Public Act 86-4 this amendatory Act of
16 1989, it is and always has been the intention of the General
17 Assembly (i) that the Omnibus Bond Acts are and always have
18 been supplementary grants of power to issue instruments in
19 accordance with the Omnibus Bond Acts, regardless of any
20 provision of this Article Act that may appear to be or to
21 have been more restrictive than those Acts, (ii) that the
22 provisions of this Section are not a limitation on the
23 supplementary authority granted by the Omnibus Bond Acts, and
24 (iii) that instruments issued under this Section within the
25 supplementary authority granted by the Omnibus Bond Acts are
26 not invalid because of any provision of this Article Act that
27 may appear to be or to have been more restrictive than those
28 Acts.
29 (Source: P.A. 86-4.)
30 (70 ILCS 345/11)
31 Section 255-35. Bonds; nature of indebtedness. Sec. 11.
32 Under no circumstances shall any bonds issued by the
33 Authority under Section 255-30 10 of this Act be or become an
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1 indebtedness or obligation of the State of Illinois or of any
2 other political subdivision of or municipality within the
3 State, nor shall any such bond be or become an indebtedness
4 of the Authority within the purview of any constitutional
5 limitation or provision, and it shall be plainly stated on
6 the face of each such bond that it does not constitute such
7 an indebtedness or obligation but is payable solely from the
8 revenues or income as aforesaid.
9 (Source: P.A. 76-1564.)
10 (70 ILCS 345/13)
11 Section 255-40. Tax. Sec. 13. For the year 1973 and
12 subsequent years, the Authority has power to levy and collect
13 annually, taxes upon all the taxable property in the
14 metropolitan area for the purpose of the payment for land
15 leased, condemned or purchased for a fair and exposition
16 grounds, convention or exhibition centers and civic
17 auditoriums, for the purchase, construction, leasing as
18 lessee, equipping, supplying, or other acquisition of such
19 grounds, centers and auditoriums, and for the payment of
20 expenses incident thereto, for the payment of the principal
21 of and interest on all bonds of the Authority and for all
22 other corporate purposes as set forth in this Article Act.
23 The Board may accumulate funds for the purposes of building
24 construction, repairs and improvements, payment of principal
25 and interest on general obligation bonds and may annually
26 levy taxes for such purposes in excess of its current
27 requirements but subject to the tax rate limitation as
28 provided in this Section.
29 All general taxes proposed by the Board to be levied upon
30 the taxable property within the metropolitan area shall be
31 levied by ordinance. After the ordinance has been adopted it
32 shall within 10 days after its passage be published once in a
33 newspaper published and having a general circulation within
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1 the metropolitan area and shall then be in effect. A
2 certified copy of such levy ordinance shall be filed with the
3 county clerk no later than the 3rd Tuesday in September in
4 each year. Thereupon the county clerk shall extend such tax.
5 However, the aggregate amount of taxes levied for any one
6 year shall not exceed the rate of .05% of the value of the
7 taxable property of the metropolitan area as equalized or
8 assessed by the Department of Revenue.
9 (Source: P.A. 81-1509.)
10 (70 ILCS 345/13(a))
11 Section 255-45. Borrowing; general obligation and
12 revenue bonds; backdoor referendum. Sec. 13(a). The
13 Authority may borrow money for the purpose of carrying out
14 its duties and exercising its powers under this Article Act,
15 and issue its general obligation and revenue bonds as
16 evidence of the indebtedness incurred. In addition to other
17 purposes, such bonds may be issued for the purpose of
18 refunding outstanding general obligation or revenue bonds of
19 the Authority. Such general obligation and revenue bonds
20 shall be in the form, shall mature at the time (no later than
21 40 years from the date of issuance), shall bear interest at
22 the rates (not to exceed the maximum rate authorized by the
23 Bond Authorization Act, as amended at the time of the making
24 of the contract), shall be executed by the officers and shall
25 be sold in the manner as the Board shall determine; except
26 that if issued to bear interest at the the maximum rate
27 authorized by the Bond Authorization Act, as amended at the
28 time of the making of the contract, the bonds shall be sold
29 for not less than par and accrued interest, and that the
30 selling prices of bonds bearing interest at a rate of less
31 than the maximum rate authorized by the Bond Authorization
32 Act, as amended at the time of the making of the contract,
33 shall be such that the interest cost to the Authority of the
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1 money received from the sale of the bonds shall not exceed
2 the maximum rate authorized by the Bond Authorization Act, as
3 amended at the time of the making of the contract, computed
4 to absolute maturity of the bonds in accordance with standard
5 tables of bond values. In case any officer whose signature
6 appears on any bond ceases, after affixing his signature, to
7 hold office, his signature shall nevertheless be valid and
8 effective for all purposes.
9 Before any such bonds (for which a referendum is not
10 required by Section 255-50 13(b) of this Act) may be
11 authorized to be issued, the Board shall by ordinance propose
12 the issuance of the bonds. This ordinance shall set forth the
13 total principal amount of bonds proposed to be issued and
14 shall in a general way describe the purpose for which the
15 bonds are to be issued. After this ordinance has been passed
16 by the Board it shall within 10 days be published once in a
17 newspaper published and having a general circulation within
18 the metropolitan area. The publication of the ordinance shall
19 include a notice of (1) the specific number of voters
20 required to sign a petition requesting that the question of
21 the adoption of the ordinance be submitted to the electors of
22 the metropolitan area; (2) the time in which the petition
23 must be filed; and (3) the date of the prospective
24 referendum. The Secretary of the Board shall provide a
25 petition form to any individual requesting one.
26 If within 30 days after the publication of the ordinance
27 proposing the issuance of bonds for which a referendum is not
28 required by Section 255-50 13(b) of this Act, a petition
29 signed by registered voters of the metropolitan area equal to
30 10% or more of the registered voters in the metropolitan
31 area, is filed with the Secretary of the Board asking for a
32 referendum on the proposition to issue the bonds, the Board
33 shall certify the proposition, in the form provided by
34 Section 255-50, 13(b) of this Act to the proper election
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1 officials in accordance with the general election law. If no
2 such petition or no valid petition is filed within 30 days
3 after the publication of the ordinance, it shall then be in
4 effect. If such a petition is so filed the ordinance
5 proposing the issuance of the bonds shall not be in effect
6 and the bonds proposed by the ordinance shall not be issued
7 until the proposition has been approved by a majority of the
8 voters of the metropolitan area voting on the proposition.
9 When the ordinance proposing the issuance of the bonds is
10 in effect, the Board may by ordinance authorize the issuance
11 of such bonds setting forth the maturity schedule, interest
12 rate, form and other details of the bonds and their issuance.
13 A copy of the ordinance so authorizing the issuance of the
14 bonds certified by the secretary shall be filed in the office
15 of the county clerk.
16 With respect to instruments for the payment of money
17 issued under this Section either before, on, or after the
18 effective date of Public Act 86-4 this amendatory Act of
19 1989, it is and always has been the intention of the General
20 Assembly (i) that the Omnibus Bond Acts are and always have
21 been supplementary grants of power to issue instruments in
22 accordance with the Omnibus Bond Acts, regardless of any
23 provision of this Article Act that may appear to be or to
24 have been more restrictive than those Acts, (ii) that the
25 provisions of this Section are not a limitation on the
26 supplementary authority granted by the Omnibus Bond Acts, and
27 (iii) that instruments issued under this Section within the
28 supplementary authority granted by the Omnibus Bond Acts are
29 not invalid because of any provision of this Article Act that
30 may appear to be or to have been more restrictive than those
31 Acts.
32 (Source: P.A. 86-4; 87-767.)
33 (70 ILCS 345/13(b))
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1 Section 255-50. G.O. bonds; election. Sec. 13(b).
2 General obligation bonds of the Authority, the aggregate
3 outstanding unpaid balance of which exceeds 1 1/2% of the
4 total assessed valuation of all taxable property within the
5 metropolitan area shall not be issued until the proposition
6 to issue the same has been certified to the proper election
7 officials who shall submit the proposition at an election in
8 accordance with the general election law. Any such
9 proposition shall be in substantially the following form:
10 -------------------------------------------------------------
11 Shall bonds of the "Springfield
12 Metropolitan Exposition and YES
13 Auditorium Authority" in the -------------------------
14 amount of.... Dollars ($....) NO
15 be issued for the purpose of ....?
16 -------------------------------------------------------------
17 (Source: P.A. 81-1489.)
18 (70 ILCS 345/13(c))
19 Section 255-55. Election; canvass of returns; expenses.
20 Sec. 13(c). Any referendum required under Section 255-45
21 13(a) or 255-50 13(b) of this Act shall be ordered and
22 certified by the Board and shall be conducted and notice
23 thereof given in accordance with the general election law.
24 The returns of the election shall be filed with the Secretary
25 of the Board and shall be canvassed and the results
26 ascertained by the Board and entered upon the records of the
27 Authority.
28 The expenses of the referendum shall be paid by the
29 Authority.
30 (Source: P.A. 81-1489.)
31 (70 ILCS 345/14, in part)
32 Section 255-60. Board created. Sec. 14. The governing
-375- LRB9000879DJcd
1 and administrative body of the Authority shall be a board
2 consisting of 11 members and shall be known as the
3 Springfield Metropolitan Exposition and Auditorium Authority
4 Board.
5 (Source: P.A. 79-529.)
6 (70 ILCS 345/15(a))
7 Section 255-65. Sec. 15(a). Term of Board members;
8 election of successors. Board members shall be elected
9 biennially by the electors of the metropolitan area in each
10 odd numbered year beginning with 1981 on the day fixed by the
11 general election law. The 3 three members elected in 1974
12 shall serve for a term of 4 four years and their successors
13 to be elected in 1978 shall serve for a period of 6 six years
14 and until their successors are elected and qualified under
15 the consolidated schedule of election in 1985. The 4 four
16 members to be elected in 1976 shall serve until their
17 successors are elected and qualified at the regular elections
18 in 1981. Their successors shall serve for a term of 6 six
19 years. The successors of the 4 four members elected in 1972
20 to serve for a term of 6 six years shall serve for a term of
21 4 four years and until their successors are elected in 1983.
22 Their successors shall serve for a term of 6 six years. Such
23 members elected after 1983 shall serve for a term of 6 six
24 years. In each election after 1972 a number of members shall
25 be elected equal to the number of members whose terms are
26 then expiring. In elections after 1972 there shall also be
27 elected members to fill any vacancies with unexpired terms of
28 at least 2 two years, whether the vacancies are temporarily
29 filled by appointment or not. The election of members to
30 fill each vacancy shall be by separate vote, but the ballot
31 for such vote may be on the same ballot as for the regular
32 election of members.
33 (Source: P.A. 81-1490.)
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1 (70 ILCS 345/15(b))
2 Section 255-70. Qualifications of Board members and
3 voters. Sec. 15(b). Each Board member shall be a registered
4 voter, as provided in the general election law, qualified to
5 vote within the metropolitan area. All persons qualified to
6 vote and who are registered voters in the metropolitan area,
7 all as provided in the general election law, are eligible to
8 vote in all elections held pursuant to this Article Act.
9 (Source: P.A. 81-1490.)
10 (70 ILCS 345/15(c))
11 Section 255-75. Nomination of Board members. Sec. 15(c).
12 Nomination of a candidate for member of the Board at any
13 election to be held after June 1, 1970, shall be made by a
14 petition filed with the county clerk, signed by at least 50
15 fifty voters qualified to vote at the election. The
16 petition shall be in substantially the following form:
17 NOMINATING PETITION
18 To the County Clerk of Sangamon County:
19 We, the undersigned, being 50 or more of the voters
20 qualified to vote, hereby petition that.... who resides
21 at...., (Springfield, Woodside, Capital) Township, in
22 Sangamon County shall be a candidate for the office of member
23 of the Board of the Springfield Metropolitan Exposition and
24 Auditorium Authority (for a full term) (to fill a vacancy,
25 term expiring 19..) to be voted for at an election to be held
26 on...., 19...
27 NAME...............
28 ADDRESS............
29 The foregoing petition shall be verified by a certificate
30 which may be substantially in the following form:
31 I,...., hereby certify that I am a voter residing in
32 (Springfield, Woodside, Capital) Township, Sangamon County,
33 Illinois, and qualified to vote at the election referred to
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1 above, and that the signatures on this sheet were signed in
2 my presence and are genuine and to the best of my knowledge
3 and belief the persons so signing were at the time of signing
4 voters qualified to vote at said election.
5 s/.................
6 SUBSCRIBED and SWORN to before me this.... day of....
7 19....
8 ...................
9 Notary Public
10 (Source: P.A. 81-1490.)
11 (70 ILCS 345/15(d))
12 Section 255-80. Election of Board members. Sec. 15(d).
13 Elections for members of the Board shall be governed by the
14 general election law. Each voter may cast as many votes as
15 there are offices to be filled at such election for trustee,
16 but such votes may not be cumulated.
17 Upon completion of the canvass of votes the county clerk
18 shall notify the secretary of the Board of the results
19 thereof.
20 (Source: P.A. 81-1490.)
21 (70 ILCS 345/16)
22 Section 255-85. Board members; vacancy in office. Sec.
23 16. Members of the board shall hold office until their
24 respective successors have been elected and qualified. In
25 case of resignation, death, conviction of a felony or ceasing
26 to reside in the metropolitan area or other reason
27 established by law, the member's office shall become vacant.
28 Each vacancy may be filled until the next regular election of
29 members by appointment by a majority vote of the remaining
30 members of the Board of a person resident in the metropolitan
31 area.
32 (Source: P.A. 80-1469.)
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1 (70 ILCS 345/17)
2 Section 255-90. Organization of the Board. Sec. 17. As
3 soon as practicably possible after the appointment of the
4 initial members and, thereafter, within 15 days of each
5 election of members, the Board shall organize for the
6 transaction of business, select a chairman, vice-chairman,
7 and a temporary secretary from its own number, and adopt
8 by-laws and regulations to govern its proceedings. The
9 initial chairman and his successors shall be elected by the
10 Board from time to time for the term of his office as a
11 member of the Board.
12 (Source: P.A. 79-529.)
13 (70 ILCS 345/18)
14 Section 255-95. Meetings; quorum; approval of ordinances
15 and resolutions by chairman; public records. Sec. 18. Regular
16 meetings of the Board shall be held at least once in each
17 calendar month, the time and place of such meetings to be
18 fixed by the Board.
19 Six members of the Board shall constitute a quorum for
20 the transaction of business. All action of the Board shall be
21 by ordinance or resolution and the affirmative vote of at
22 least 6 six members shall be necessary for the adoption of
23 any ordinance or resolution.
24 All such ordinances and resolutions before taking effect
25 shall be approved by the chairman of the Board, and if he
26 shall approve thereof he shall sign the same, and such as he
27 shall not approve he shall return to the Board with his
28 objections thereto in writing at the next regular meeting of
29 the Board occurring after the passage thereof. But in case
30 the chairman shall fail to return any ordinance or resolution
31 with his objections thereto by the time aforesaid, he shall
32 be deemed to have approved the same and it shall take effect
33 accordingly. Upon the return of any ordinance or resolution
-379- LRB9000879DJcd
1 by the chairman with his objections, the vote by which the
2 same was passed shall be reconsidered by the Board, and if
3 upon such reconsideration said ordinance or resolution is
4 passed by the affirmative vote of at least 7 seven members,
5 it shall go into effect notwithstanding the veto of the
6 chairman.
7 All ordinances, resolutions and all proceedings of the
8 Authority and all documents and records in its possession
9 shall be public records, and open to public inspection,
10 except such documents and records as shall be kept or
11 prepared by the Board for use in negotiations, actions action
12 or proceedings to which the Authority is a party.
13 (Source: Laws 1965, p. 2756.)
14 (70 ILCS 345/20)
15 Section 255-100. Deposit of funds. Sec. 20. All funds
16 deposited by the treasurer in any bank or savings and loan
17 association shall be placed in the name of the Authority and
18 shall be withdrawn or paid out only by check or draft upon
19 the bank or savings and loan association, signed by the
20 chairman, vice-chairman, secretary or treasurer and
21 countersigned by one of the same officers, but no one officer
22 shall both sign and countersign a check or draft. The Board
23 may designate any of its members or any officer or employee
24 of the Authority to affix the signature of the chairman and
25 another to affix the signature of the treasurer to any check
26 or draft for payment of salaries or wages and for payment of
27 any other obligation of not more than $2,500.00.
28 No bank or savings and loan association shall receive
29 public funds as permitted by this Section, unless it has
30 complied with the requirements established pursuant to
31 Section 6 of the Public Funds Investment Act "An Act relating
32 to certain investments of public funds by public agencies",
33 approved July 23, 1943, as now or hereafter amended.
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1 (Source: P.A. 83-541.)
2 (70 ILCS 345/25, in part)
3 Section 255-105. Bidders; civil action to compel
4 compliance. Sec. 25. Any bidder who has submitted a bid in
5 compliance with the requirements for bidding under this
6 Article may bring a civil action in equity in any court of
7 competent jurisdiction in Sangamon County to compel
8 compliance with the provisions of this Article Act relating
9 to the awarding of contracts by the Board.
10 (Source: P.A. 83-345.)
11 (70 ILCS 345/26)
12 Section 255-110. Report and financial statement. Sec.
13 26. As soon after the end of each fiscal year as may be
14 expedient, the Board shall cause to be prepared and printed a
15 complete and detailed report and financial statement of its
16 operations and of its assets and liabilities. A reasonably
17 sufficient number of copies of such report shall be printed
18 for distribution to persons interested, upon request.
19 (Source: P.A. 79-529.)
20 (70 ILCS 345/28)
21 Section 255-115. Disconnection of territory. Sec. 28.
22 The owner or owners of record of any area of land consisting
23 of one or more tracts in Sangamon County located within the
24 corporate limits of the Springfield Metropolitan Exposition
25 and Auditorium Authority which (1) contains 20 or more acres;
26 (2) is not subdivided into municipal lots and blocks; (3) is
27 located on the border of the Springfield Metropolitan
28 Exposition and Auditorium Authority; and (4) which, if
29 disconnected will not result in the isolation of any part of
30 the "Authority" from the remainder of the "Authority", may
31 have the area disconnected as follows:
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1 The owner or owners of record of any such area shall file
2 a petition in the circuit court of the county in which the
3 land is situated, alleging facts in support of the
4 disconnection. The Springfield Metropolitan Exposition and
5 Auditorium Authority shall be made a defendant and it or any
6 taxpayer residing in the Springfield Metropolitan Exposition
7 and Auditorium Authority may appear and defend against the
8 petition. If the court finds that the allegations of the
9 petition are true, and that the area of land is entitled to
10 disconnection, it shall order the designated land
11 disconnected from the Springfield Metropolitan Exposition and
12 Auditorium Authority.
13 (Source: P.A. 78-467.)
14 (70 ILCS 345/29)
15 Section 255-120. Tax status of disconnected territory.
16 Sec. 29. The disconnection of any territory from the
17 Springfield Metropolitan Exposition and Auditorium Authority
18 shall not exempt it from taxation for the purpose of paying
19 any indebtedness contracted by the corporate authorities of
20 the Springfield Metropolitan Exposition and Auditorium
21 Authority prior to the filing of the petition for
22 disconnection. On the contrary, the territory shall be
23 assessed and taxed to pay such indebtedness until this
24 indebtedness is completely paid, the same as though the
25 territory had not been disconnected. Except for this purpose,
26 the county clerk of Sangamon County shall not include
27 disconnected territory within the limits of the Springfield
28 Metropolitan Exposition and Auditorium Authority from which
29 the territory has been disconnected.
30 (Source: P.A. 78-467.)
31 (70 ILCS 345/30)
32 Section 255-125. Reconnection of disconnected territory.
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1 Sec. 30. Any area which has been disconnected from the
2 Springfield Metropolitan Exposition and Auditorium Authority
3 and which is subsequently subdivided into municipal lots and
4 blocks or is used for commercial purposes may be reconnected
5 and annexed to the Authority in the following manner:
6 The Authority shall file in the circuit court a petition
7 alleging facts in support of reconnection and annexation. The
8 owners of property within the area sought to be reconnected
9 shall be made defendants and may appear and defend against
10 the petition. If the court finds that the allegations of the
11 petition are true and that the Authority is entitled to have
12 the area reconnected under the terms of this Section, it
13 shall enter an order reconnecting and annexing the area to
14 the Authority.
15 (Source: P.A. 78-467.)
16 Section 255-130. Standard civic center provisions
17 incorporated by reference. The following Sections of this
18 Code are incorporated by reference into this Article:
19 Section 2-5. Definitions.
20 Section 2-10. Lawsuits; common seal.
21 Section 2-25. Incurring obligations.
22 Section 2-30. Prompt payment.
23 Section 2-35. Acquisition of property from person,
24 State, or local agency.
25 Section 2-45. Insurance.
26 Section 2-60. Investment in bonds.
27 Section 2-76. Board members; financial matters;
28 compensation for secretary or treasurer; conflict of
29 interest.
30 Section 2-101. Secretary; treasurer; funds deposited in
31 bank or savings and loan association.
32 Section 2-110. Signatures on checks or drafts.
33 Section 2-115. General manager; other appointments.
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1 Section 2-120. Ordinances, rules, and regulations; fines
2 and penalties.
3 Section 2-128. Contracts; award to other than highest or
4 lowest bidder by three-fourths vote.
5 Section 2-130. Bids and advertisements.
6 Section 2-140. State financial support.
7 Section 2-145. Anti-trust laws.
8 Section 2-150. Tax exemption.
9 Section 2-155. Partial invalidity.
10 ARTICLE 260. STERLING CIVIC CENTER
11 (70 ILCS 270/2-2)
12 Section 260-1. Short title. Sec. 2-2. This Article 2
13 shall be known and may be cited as the Sterling Civic Center
14 Law of 1997 Act.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/2-3, in part)
17 Section 260-5. Definitions. Sec. 2-3. When used in this
18 Article:
19 "Authority" means the Sterling Metropolitan Exposition,
20 Auditorium and Office Building Authority.
21 "Board" means the governing and administrative body of
22 the Sterling Metropolitan Exposition, Auditorium and Office
23 Building Authority.
24 "Metropolitan area" means all that territory in the State
25 of Illinois lying within the corporate boundaries of the City
26 of Sterling.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/2-4, in part)
29 Section 260-10. Authority created; principal office.
30 Sec. 2-4. There is hereby created a political subdivision,
-384- LRB9000879DJcd
1 body politic and municipal corporation by the name and style
2 of the Sterling Metropolitan Exposition, Auditorium and
3 Office Building Authority in the metropolitan area.
4 The principal office of the Authority shall be in the
5 City of Sterling.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/2-16, in part)
8 Section 260-15. Board created. Sec. 2-16. The governing
9 and administrative body of the Authority shall be a board
10 consisting of 7 members and shall be known as the Sterling
11 Metropolitan Exposition Auditorium and Office Building Board.
12 The members of the board shall be individuals of generally
13 recognized ability and integrity.
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/2-17, in part)
16 Section 260-20. Board members appointed. Sec. 2-17.
17 Within 60 days after September 17, 1984 (the effective date
18 of Article 2 of Public Act 83-1456), this Act becomes
19 effective the Mayor of Sterling with the advice and consent
20 of the Sterling City Council shall appoint 7 members of the
21 Board, 2 members to be appointed for a term of one year, 2
22 members to be appointed for terms of 2 years, and 3 members
23 to be appointed for terms of 3 years, such terms commencing
24 on the date each is appointed. One of the members appointed
25 may be a representative from the Sterling City Council. At
26 the expiration of the term of any member, his successor shall
27 be appointed by the Mayor of Sterling in a like manner. All
28 successors shall hold office for a term of 3 years from the
29 date of appointment, except in case of an appointment to fill
30 a vacancy.
31 (Source: P.A. 83-1456.)
-385- LRB9000879DJcd
1 (70 ILCS 270/2-22)
2 Section 260-25. Deposit of funds. Sec. 2-22. All funds
3 deposited by the treasurer in any bank shall be placed in the
4 name of the Authority and shall be withdrawn or paid out only
5 by check or draft upon the bank, signed by the treasurer and
6 countersigned by the chairman of the Board. The Board may
7 designate any of its members or any officer or employee of
8 the Authority to affix the signature of the chairman and
9 another to affix the signature of the treasurer to any check
10 or draft for payment of salaries or wages and for payment of
11 any other obligation of not more than $2,500.
12 No bank or savings and loan association shall receive
13 public funds as permitted by this Section unless it has
14 complied with the requirements established pursuant to
15 Section 6 of the Public Funds Investment Act "An Act relating
16 to certain investments of public funds by public agencies",
17 approved July 23, 1943, as now or hereafter amended.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/2-27, in part)
20 Section 260-30. Bidders; civil action to compel
21 compliance. Sec. 2-27. Any bidder who has submitted a bid in
22 compliance with the requirements for bidding under this
23 Article may bring a civil action in the circuit court in
24 Whiteside County to compel compliance with the provisions of
25 this Article Act relating to the awarding of contracts by the
26 Board.
27 (Source: P.A. 83-1456.)
28 Section 260-35. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
32 Section 2-5. Definitions.
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1 Section 2-10. Lawsuits; common seal.
2 Section 2-16. Duties; auditorium and other buildings;
3 lease of space.
4 Section 2-20. Rights and powers, including eminent
5 domain.
6 Section 2-25. Incurring obligations.
7 Section 2-30. Prompt payment.
8 Section 2-35. Acquisition of property from person,
9 State, or local agency.
10 Section 2-40. Federal money.
11 Section 2-45. Insurance.
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance.
14 Section 2-55. Bonds; nature of indebtedness.
15 Section 2-60. Investment in bonds.
16 Section 2-65. Bonds other than revenue bonds.
17 Section 2-70. Tax.
18 Section 2-75. Board members; financial matters; conflict
19 of interest.
20 Section 2-80. Board members' oath.
21 Section 2-83. Removal of Board member from office.
22 Section 2-85. Board members; vacancy in office.
23 Section 2-90. Organization of the Board.
24 Section 2-96. Meetings; action by 4 Board members.
25 Section 2-100. Secretary; treasurer.
26 Section 2-110. Signatures on checks or drafts.
27 Section 2-115. General manager; other appointments.
28 Section 2-122. Rules and regulations; penalties.
29 Section 2-125. Contracts; award to other than highest or
30 lowest bidder by vote of 5 Board members.
31 Section 2-130. Bids and advertisements.
32 Section 2-135. Report and financial statement.
33 Section 2-140. State financial support.
34 Section 2-145. Anti-trust laws.
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1 Section 2-150. Tax exemption.
2 ARTICLE 265. VERMILION COUNTY CIVIC CENTER
3 (70 ILCS 265/1.1)
4 Section 265-1. Short title. Sec. 1.1. This Article may
5 be cited Act shall be known as the "Decatur and Vermilion
6 County Civic Center Law of 1997 Centers Act".
7 (Source: P.A. 86-888; 86-907.)
8 (70 ILCS 265/1)
9 Section 265-5. Purpose. Sec. 1. It is the purpose of
10 this Article Act to provide for a 2 separate Metropolitan
11 Exposition, Auditorium and Office Building Authority
12 Authorities, one in Decatur and one in Vermilion County.
13 (Source: P.A. 86-888; 86-907.)
14 (70 ILCS 265/2, in part)
15 Section 265-10. Definitions. In this Article: Sec. 2.
16 "Authority" means the Decatur Metropolitan Exposition,
17 Auditorium and Office Building Authority. The term also
18 means the Vermilion County Metropolitan Exposition,
19 Auditorium and Office Building Authority.
20 "Board" means the governing and administrative body of
21 the Decatur Metropolitan Exposition, Auditorium and Office
22 Building Authority. The term also means the governing and
23 administrative body of the Vermilion County Metropolitan
24 Exposition, Auditorium and Office Building Authority.
25 "Metropolitan area" means all that territory in the State
26 of Illinois lying within the corporate boundaries of the City
27 of Decatur or the County of Vermilion, as the case may be.
28 (Source: P.A. 86-888; 86-907.)
29 (70 ILCS 265/3, in part)
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1 Section 265-15. Authority created; principal office.
2 Sec. 3. There is hereby created a unit of local government
3 known as the Decatur or Vermilion County, as the case may be,
4 Metropolitan Exposition, Auditorium and Office Building
5 Authority in the metropolitan area.
6 The principal office of the Authority shall be in the
7 City of Decatur or the County of Vermilion, as the case may
8 be.
9 (Source: P.A. 86-888; 86-907.)
10 (70 ILCS 265/5)
11 Section 265-20. Rights and powers. Sec. 5. The
12 Authority shall have the following rights and powers duties:
13 (a) To acquire, purchase, own, construct, lease as
14 lessee or in any other way acquire, improve, extend, repair,
15 reconstruct, regulate, operate, equip and maintain fair
16 expositions grounds, convention or exhibition centers, civic
17 auditoriums, and office and municipal buildings, including
18 sites and parking areas and facilities therefor located
19 within the metropolitan area.
20 (b) To enter into contracts treating in any manner with
21 the objects and purposes of this Article Act.
22 (c) To plan for such grounds, centers and auditoriums
23 and to plan, sponsor, hold, arrange, and finance fairs,
24 industrial, cultural, educational, trade and scientific
25 exhibits, shows and events and to use or allow the use of
26 such grounds, centers and auditoriums for the holding of
27 fairs, exhibits, shows and events whether conducted by the
28 Authority or some other person or governmental agency.
29 (d) To exercise the right of eminent domain to acquire
30 sites for such grounds, centers, buildings and auditoriums,
31 and parking areas and facilities in the manner provided for
32 the exercise of the right of eminent domain under Article VII
33 of the Code of Civil Procedure, as amended.
-389- LRB9000879DJcd
1 (e) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds, centers, buildings and
4 auditoriums and admission charges to fairs, shows, exhibits
5 and events sponsored or held by the Authority. The charges
6 collected may be made available to defray the reasonable
7 expenses of the Authority and to pay the principal of and the
8 interest on any bonds issued by the Authority.
9 (Source: P.A. 82-783.)
10 (70 ILCS 265/11)
11 Section 265-25. Bonds; nature of indebtedness. Sec. 11.
12 Under no circumstances shall any bonds issued by the
13 Authority be or become an indebtedness or obligation of the
14 State of Illinois or any unit of local government or school
15 district within the State, nor shall any such bond or
16 obligation be or become an indebtedness of the Authority
17 within the purview of any constitutional limitation or
18 provision, and it shall be plainly stated on the face of each
19 bond that it does not constitute such an indebtedness or
20 obligation but is payable solely from revenues or income.
21 (Source: P.A. 79-794.)
22 (70 ILCS 265/12)
23 Section 265-30. Investment in bonds. Sec. 12. The State
24 and all counties, cities, villages, incorporated towns and
25 other units of local government and public bodies, and public
26 officers of any thereof; , all banks, bankers, trust
27 companies, savings banks and institutions, building and loan
28 associations, savings and loan associations, investment
29 companies and other persons carrying on an insurance
30 business; and all executors, administrators, guardians,
31 trustees and other fiduciaries may legally invest any sinking
32 funds, moneys or other funds belonging to them or within
-390- LRB9000879DJcd
1 their control in any bonds issued pursuant to this Article
2 Act, it if being the purpose of this Section to authorize the
3 investment in such bonds of all sinking, insurance,
4 retirement, compensation, pension and trust funds, whether
5 owned or controlled by private or public persons or officers;
6 provided, however, that nothing contained in this Section may
7 be construed as relieving any person from any duty of
8 exercising reasonable care in selecting securities for
9 investment.
10 (Source: P.A. 79-794.)
11 (70 ILCS 265/13)
12 Section 265-32. Bonds other than revenue bonds. Sec. 13.
13 No bonds, other than revenue bonds issued pursuant to Section
14 2-52 10, shall be issued by the Authority until the
15 proposition to issue the same has been submitted to and
16 approved by a majority of the voters of said metropolitan
17 area voting upon the proposition at a general election in
18 accordance with the general election law. The Authority may
19 by resolution order such proposition submitted at a regular
20 election in accordance with the general election law,
21 whereupon the recording officer shall certify the resolution
22 and the proposition to the proper election officials for
23 submission. Any proposition to issue bonds as herein set
24 forth shall be in substantially the following form:
25 -------------------------------------------------------------
26 Shall bonds of the "Decatur
27 (or Vermilion County, as the case YES
28 may be) Metropolitan Exposition,
29 Auditorium and Office Building -------------------------
30 Authority" to the amount of
31 ........ Dollars ($ ) be NO
32 issued for the purpose of
33 ..........?
-391- LRB9000879DJcd
1 -------------------------------------------------------------
2 (Source: P.A. 86-888; 86-907.)
3 (70 ILCS 265/14)
4 Section 265-35. Tax. Sec. 14. If a majority of the
5 voters of said metropolitan area approve the issuance of
6 bonds as provided in Section 265-32 13 of this Act, the
7 Authority shall have power to levy and collect annually a sum
8 sufficient to pay for the annual principal and interest
9 charges on such bonds.
10 Such taxes proposed by the Authority to be levied upon
11 the taxable property within the metropolitan area shall be
12 levied by ordinance. After the ordinance has been adopted it
13 shall, within 10 days after its passage, be published once in
14 a newspaper published and having a general circulation within
15 the metropolitan area. A certified copy of such levy
16 ordinance shall be filed with the county clerk no later than
17 the 3rd Tuesday in September in each year. Thereupon the
18 county clerk shall extend such tax; provided the aggregate
19 amount of taxes levied for any one year shall not exceed the
20 rate of .0005% of the full fair cash value, as equalized or
21 assessed by the Department of Revenue.
22 If the Vermilion County Metropolitan Exposition,
23 Auditorium and Office Building Authority has made an
24 intergovernmental cooperation agreement with other units of
25 local government that provides that the tax shall be levied
26 only in part of the metropolitan area, then the tax shall be
27 levied only in the part of the metropolitan area as provided
28 in the agreement.
29 (Source: P.A. 86-888; 86-907.)
30 (70 ILCS 265/15, in part)
31 Section 265-40. Board created. Sec. 15. The governing
32 and administrative body of the Authority shall be a board and
-392- LRB9000879DJcd
1 shall be known as the Decatur Metropolitan Exposition,
2 Auditorium and Office Building Board or the Vermilion County
3 Metropolitan Exposition, Auditorium and Office Building Board
4 and , as the case may be. The Decatur Metropolitan
5 Exposition, Auditorium and Office Building Board shall
6 consist of 9 members. The Vermilion County Exposition,
7 Auditorium and Office Building Board shall consist of 12
8 members. The members of the board shall be individuals of
9 generally recognized ability and integrity.
10 (Source: P.A. 86-888; 86-907.)
11 (70 ILCS 265/16, in part)
12 Section 265-45. Board members appointed. Sec. 16. Within
13 60 days after October 1, 1975 (the effective date of Public
14 Act 79-794), this Act becomes effective the Mayor of Decatur,
15 or the Mayor of Danville, as the case may be with the advice
16 and consent of the Decatur or Danville city council, as the
17 case may be, shall appoint 9 members of the board, 3 members
18 to be appointed for terms of 1 year, 3 members to be
19 appointed for terms of 2 years, and 3 members to be appointed
20 for terms of 3 years, such terms commencing on the date each
21 is appointed. Within 60 days after September 11, 1989 (the
22 effective date of Public Act 86-907) the effective date of
23 this amendatory Act of 1989, the chairman of the county board
24 of Vermilion County, with the advice and consent of the
25 county board, shall appoint 3 members to the Vermilion County
26 Metropolitan Exposition, Auditorium and Office Building Board
27 to serve for terms of one, 2, or 3 years, respectively, such
28 terms commencing on the date each is appointed. At the
29 expiration of the term of any member, his successor shall be
30 appointed by the Mayor of Decatur, the Mayor of Danville, or
31 the chairman of the county board of Vermilion County, as the
32 case may be, in like manner. All successors shall hold office
33 for a term of 3 years from the date of appointment, except in
-393- LRB9000879DJcd
1 case of an appointment to fill a vacancy.
2 (Source: P.A. 86-888; 86-907.)
3 (70 ILCS 265/19, in part)
4 Section 265-50. Quorum; action by 7 Board members. Sec.
5 19. Three members of the Board shall constitute a quorum for
6 the transaction of business. All action of the Board shall
7 be by ordinance or resolution, and the affirmative vote of at
8 least 5 members in the case of the Decatur Metropolitan
9 Exposition, Auditorium and Office Building Board and at least
10 7 members in the case of the Vermilion County Metropolitan
11 Exposition, Auditorium and Office Building Board shall be
12 necessary for the adoption of any ordinance or resolution.
13 (Source: P.A. 86-888; 86-907.)
14 Section 265-55. Standard civic center provisions
15 incorporated by reference. The following Sections of this
16 Code are incorporated by reference into this Article:
17 Section 2-5. Definitions.
18 Section 2-10. Lawsuits; common seal.
19 Section 2-16. Duties; auditorium and other buildings;
20 lease of space.
21 Section 2-25. Incurring obligations.
22 Section 2-30. Prompt payment.
23 Section 2-36. Acquisition of property from person or
24 governmental agency.
25 Section 2-40. Federal money.
26 Section 2-45. Insurance.
27 Section 2-52. Borrowing; revenue bonds; interest payable
28 semi-annually; bond sale price; effect of Omnibus Bond Acts.
29 Section 2-76. Board members; financial matters;
30 compensation for secretary or treasurer; conflict of
31 interest.
32 Section 2-80. Board members' oath.
-394- LRB9000879DJcd
1 Section 2-83. Removal of Board member from office.
2 Section 2-85. Board members; vacancy in office.
3 Section 2-90. Organization of the Board.
4 Section 2-97. Board meetings; public records.
5 Section 2-101. Secretary; treasurer; funds deposited in
6 bank or savings and loan association.
7 Section 2-106. Funds; compliance with Public Funds
8 Investment Act.
9 Section 2-110. Signatures on checks or drafts.
10 Section 2-115. General manager; other appointments.
11 Section 2-120. Ordinances, rules, and regulations; fines
12 and penalties.
13 Section 2-127. Contracts; award to other than highest or
14 lowest bidder by four-fifths vote.
15 Section 2-130. Bids and advertisements.
16 Section 2-135. Report and financial statement.
17 Section 2-140. State financial support.
18 Section 2-145. Anti-trust laws.
19 Section 2-150. Tax exemption.
20 Section 2-155. Partial invalidity.
21 ARTICLE 270. WAUKEGAN CIVIC CENTER
22 (70 ILCS 325/7-2)
23 Section 270-1. Short title. Sec. 7-2. This Article may
24 be cited as the Waukegan Civic Center Law of 1997.
25 (Source: P.A. 85-907; 86-1028.)
26 (70 ILCS 325/7-3, in part)
27 Section 270-5. Definitions. Sec. 7-3. When used in this
28 Article:
29 "Authority" means the Waukegan Civic Center Authority.
30 "Board" means the governing and administrative body of
31 the Waukegan Civic Center Authority.
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1 "Metropolitan area" means all that territory in the State
2 of Illinois lying within the corporate boundaries of the City
3 of Waukegan.
4 (Source: P.A. 86-907; 86-1028.)
5 (70 ILCS 325/7-4, in part)
6 Section 270-10. Authority created; principal office.
7 Sec. 7-4. There is hereby created a political subdivision,
8 body politic and municipal corporation by the name and style
9 of the Waukegan Civic Center Authority in the metropolitan
10 area.
11 The principal office of the Authority shall be in the
12 City of Waukegan.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/7-14, in part)
15 Section 270-15. Board created. Sec. 7-14. The governing
16 and administrative body of the Authority shall be a board
17 consisting of 9 members and shall be known as the Waukegan
18 Civic Center Authority Board.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/7-15)
21 Section 270-20. Board members. Sec. 7-15. The mayor and
22 aldermen, ex officio, of the City of Waukegan shall be the
23 members of the Board. Before entering upon the duties of his
24 office, each member of the Board shall take and subscribe the
25 constitutional oath of office and file it in the office of
26 the Secretary of State.
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/7-16)
29 Section 270-25. Board member terms. Sec. 7-16. Members
30 of the Board shall hold office until their respective
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1 successors as mayor or aldermen of the City of Waukegan have
2 been appointed and qualified.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/7-25, in part)
5 Section 270-30. Bidders; civil action to compel
6 compliance. Sec. 7-25. Any bidder who has submitted a bid in
7 compliance with the requirements for bidding under this
8 Article may bring a civil action in the Circuit Court of Lake
9 County in which the metropolitan area is located to compel
10 compliance with the provisions of this Article Act relating
11 to the awarding of contracts by the Board.
12 (Source: P.A. 86-907.)
13 Section 270-35. Standard civic center provisions
14 incorporated by reference. The following Sections of this
15 Code are incorporated by reference into this Article:
16 Section 2-3. Purpose.
17 Section 2-5. Definitions.
18 Section 2-10. Lawsuits; common seal.
19 Section 2-15. Duties; auditorium, recreational, and other
20 buildings; lease of space.
21 Section 2-20. Rights and powers, including eminent
22 domain.
23 Section 2-25. Incurring obligations.
24 Section 2-30. Prompt payment.
25 Section 2-35. Acquisition of property from person,
26 State, or local agency.
27 Section 2-40. Federal money.
28 Section 2-45. Insurance.
29 Section 2-50. Borrowing; revenue bonds; suits to compel
30 performance.
31 Section 2-55. Bonds; nature of indebtedness.
32 Section 2-60. Investment in bonds.
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1 Section 2-75. Board members; financial matters; conflict
2 of interest.
3 Section 2-90. Organization of the Board.
4 Section 2-95. Meetings; action by 5 Board members.
5 Section 2-100. Secretary; treasurer.
6 Section 2-105. Funds.
7 Section 2-110. Signatures on checks or drafts.
8 Section 2-115. General manager; other appointments.
9 Section 2-122. Rules and regulations; penalties.
10 Section 2-125. Contracts; award to other than highest or
11 lowest bidder by vote of 5 Board members.
12 Section 2-130. Bids and advertisements.
13 Section 2-135. Report and financial statement.
14 Section 2-140. State financial support.
15 Section 2-145. Anti-trust laws.
16 Section 2-150. Tax exemption.
17 ARTICLE 275. WEST FRANKFORT CIVIC CENTER
18 (70 ILCS 350/2)
19 Section 275-1. Short title. Sec. 2. This Article shall
20 be known and may be cited as the West Frankfort Civic Center
21 Law of 1997.
22 (Source: P.A. 85-14.)
23 (70 ILCS 350/3, in part)
24 Section 275-5. Definitions. Sec. 3. When used in this
25 Article:
26 "Authority" means the West Frankfort Civic Center
27 Authority.
28 "Board" means the governing and administrative body of
29 the West Frankfort Civic Center Authority.
30 "Metropolitan area" means all that territory in the State
31 of Illinois lying within the corporate boundaries of the City
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1 of West Frankfort.
2 (Source: P.A. 85-14.)
3 (70 ILCS 350/4, in part)
4 Section 275-10. Authority created; principal office.
5 Sec. 4. There is hereby created a political subdivision,
6 body politic and municipal corporation by the name and style
7 of the West Frankfort Civic Center Authority in the
8 metropolitan area.
9 The principal office of the Authority shall be in the
10 City of West Frankfort.
11 (Source: P.A. 85-14.)
12 (70 ILCS 350/14, in part)
13 Section 275-15. Board created. Sec. 14. The governing
14 and administrative body of the Authority shall be a board
15 consisting of 7 members and shall be known as the West
16 Frankfort Civic Center Authority Board. The members of the
17 Board shall be individuals of generally recognized ability
18 and integrity.
19 (Source: P.A. 85-14.)
20 (70 ILCS 350/15, in part)
21 Section 275-20. Board members appointed. Sec. 15.
22 Within 60 days after July 2, 1987 (the effective date of
23 Article I of Public Act 85-14) this Article becomes
24 effective, the Mayor of the City of West Frankfort, with the
25 advice and consent of the West Frankfort City Council, shall
26 appoint 3 members of the Board for initial terms expiring
27 June 1, 1988; 2 members for initial terms expiring June 1,
28 1989; and 2 members for initial terms expiring June 1, 1990.
29 The successors of the initial members shall be appointed in
30 like manner for 3 year terms from the date of appointment,
31 except in case of an appointment to fill a vacancy.
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1 (Source: P.A. 85-14.)
2 (70 ILCS 350/16, in part)
3 Section 275-25. Removal of Board member. Sec. 16. The
4 appointing officer, with the advice and consent of the West
5 Frankfort City Council, may remove any member of the Board
6 appointed by him, in case of incompetency, neglect of duty or
7 malfeasance in office, after service on him, by registered
8 United States mail, return receipt requested, of a copy of
9 the written charges against him and an opportunity to be
10 publicly heard in person or by counsel in his own defense
11 upon not less than 10 days notice.
12 (Source: P.A. 85-14.)
13 (70 ILCS 350/25, in part)
14 Section 275-30. Bidders; civil action to compel
15 compliance. Sec. 25. Any bidder who has submitted a bid in
16 compliance with the requirements for bidding under this
17 Article may bring a civil action in the Circuit Court of
18 Franklin County to compel compliance with the provisions of
19 this Article Act relating to the awarding of contracts by the
20 Board.
21 (Source: P.A. 85-14.)
22 Section 275-35. Standard civic center provisions
23 incorporated by reference. The following Sections of this
24 Code are incorporated by reference into this Article:
25 Section 2-3. Purpose.
26 Section 2-5. Definitions.
27 Section 2-10. Lawsuits; common seal.
28 Section 2-15. Duties; auditorium, recreational, and other
29 buildings; lease of space.
30 Section 2-20. Rights and powers, including eminent
31 domain.
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1 Section 2-25. Incurring obligations.
2 Section 2-30. Prompt payment.
3 Section 2-35. Acquisition of property from person,
4 State, or local agency.
5 Section 2-40. Federal money.
6 Section 2-45. Insurance.
7 Section 2-50. Borrowing; revenue bonds; suits to compel
8 performance.
9 Section 2-55. Bonds; nature of indebtedness.
10 Section 2-60. Investment in bonds.
11 Section 2-75. Board members; financial matters; conflict
12 of interest.
13 Section 2-80. Board members' oath.
14 Section 2-85. Board members; vacancy in office.
15 Section 2-90. Organization of the Board.
16 Section 2-96. Meetings; action by 4 Board members.
17 Section 2-100. Secretary; treasurer.
18 Section 2-105. Funds.
19 Section 2-110. Signatures on checks or drafts.
20 Section 2-115. General manager; other appointments.
21 Section 2-122. Rules and regulations; penalties.
22 Section 2-125. Contracts; award to other than highest or
23 lowest bidder by vote of 5 Board members.
24 Section 2-130. Bids and advertisements.
25 Section 2-135. Report and financial statement.
26 Section 2-140. State financial support.
27 Section 2-145. Anti-trust laws.
28 Section 2-150. Tax exemption.
29 ARTICLE 280. WILL COUNTY METROPOLITAN EXPOSITION
30 AND AUDITORIUM AUTHORITY
31 (70 ILCS 290/2)
32 Section 280-1. Short title. Sec. 2. This Article Act
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1 shall be known and may be cited as the Lake County and Will
2 County Metropolitan Exposition and Auditorium Authority Law
3 of 1997 Act.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 290/3, in part)
6 Section 280-5. Definitions. Sec. 3. When used in this
7 Article Act:
8 "Authority" means the Lake County Metropolitan Exposition
9 and Auditorium Authority or the Will County Metropolitan
10 Exposition and Auditorium Authority, as the case may be.
11 "Board" means the governing and administrative body of
12 the Lake County Metropolitan Exposition and Auditorium
13 Authority or the governing and administrative body of the
14 Will County Metropolitan Exposition and Auditorium Authority,
15 as the case may be.
16 "Governor" means the Governor of the State of Illinois.
17 "Metropolitan area" means all that territory in the State
18 of Illinois lying within the corporate boundaries of the
19 County of Lake, except that area within the City of Waukegan,
20 or of the County of Will, as the case may be.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 290/4, in part)
23 Section 280-10. Authority created; principal office.
24 Sec. 4. There is hereby created a unit 2 units of local
25 government known as the Lake County Metropolitan Exposition
26 and Auditorium Authority and the Will County Metropolitan
27 Exposition and Auditorium Authority in the their respective
28 metropolitan area areas.
29 The principal office of the Authority shall be in the
30 County of Lake or the County of Will, as the case may be.
31 (Source: P.A. 86-1441.)
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1 (70 ILCS 290/5)
2 Section 280-15. Duties. Sec. 5. It shall be the duty of
3 the authority to promote, operate and maintain expositions
4 and conventions from time to time in the metropolitan area
5 and in connection therewith to arrange, finance and maintain
6 industrial, cultural, educational, theatrical, sports, trade
7 and scientific exhibits and to construct, equip and maintain
8 auditoriums and exposition buildings for such purposes. The
9 Authority is granted all rights and powers necessary to
10 perform such duties.
11 (Source: P.A. 80-909.)
12 (70 ILCS 290/6)
13 Section 280-20. Rights and powers. Sec. 6. The
14 Authority shall have the following rights and powers:
15 (a) To purchase, own, construct, lease as lessee or in
16 any other way acquire, improve, extend, repair, reconstruct,
17 regulate, operate, equip and maintain fair and expositions
18 grounds, convention or exhibition centers, civic auditoriums,
19 including sites and parking areas and facilities therefor
20 located within the metropolitan area and office buildings, if
21 such buildings are acquired as part of the main auditorium
22 complex;
23 (b) To plan for such grounds, centers and auditoriums
24 and to plan, sponsor, hold, arrange and finance fairs,
25 industrial, cultural, educational, theatrical, sports, trade
26 and scientific exhibits, shows and events and to use or allow
27 the use of such grounds, centers and auditoriums for the
28 holding of fairs, exhibits, shows and events whether
29 conducted by the Authority or some other person or
30 governmental agency;
31 (c) To exercise the right of eminent domain to acquire
32 sites for such grounds, centers and auditoriums, and parking
33 areas and facilities in the manner provided for the exercise
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1 of the right of eminent domain under Article VII of the Code
2 of Civil Procedure, as amended;
3 (d) To fix and collect just, reasonable and
4 nondiscriminatory charges for the use of such parking areas
5 and facilities, grounds, centers and auditoriums and
6 admission charges to fairs, shows, exhibits and events
7 sponsored or held by the Authority. The charges collected
8 may be made available to defray the reasonable expenses of
9 the Authority and to pay the principal of and the interest on
10 any bonds issued by the Authority;
11 (e) To enter into contracts treating any manner with the
12 objects and purposes of this Article Act.
13 (Source: P.A. 82-783.)
14 (70 ILCS 290/9)
15 Section 280-25. Federal money. Sec. 9. The Authority
16 shall have the power to apply for and accept grants, loans or
17 appropriations from the federal government or any agency or
18 instrumentality thereof to be used for any of the purposes of
19 the Authority and to enter into any agreement with the
20 federal government in relation to such grants, loans or
21 appropriations.
22 (Source: P.A. 80-909.)
23 (70 ILCS 290/11)
24 Section 280-30. Borrowing; revenue bonds. Sec. 11. The
25 Authority shall have the continuing power to borrow money for
26 the purpose of carrying out and performing its duties and
27 exercising its rights and powers under this Article Act.
28 For the purpose of evidencing the obligation of the
29 Authority to repay any money borrowed as aforesaid, the
30 Authority may, pursuant to an ordinance adopted by the Board,
31 from time to time issue and dispose of its interest bearing
32 revenue bonds, and may also from time to time issue and
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1 dispose of its interest bearing revenue bonds to refund any
2 of its interest bearing revenue bonds or its general
3 obligation bonds at maturity or pursuant to redemption
4 provisions or at any time before maturity with the consent of
5 the holders thereof. All such interest bearing revenue bonds
6 of the Authority shall be payable solely from such of the
7 revenues or income to be derived from the fairs, exhibits,
8 shows and events and other authorized activities operated by
9 it, the charges made for the use of its facilities and the
10 funds, if any, received and to be received by the Authority
11 from any other source as are pledged by the ordinance
12 authorizing the bonds. Such bonds may bear such date or
13 dates, may mature at such time or times not exceeding forty
14 years from their respective dates, may bear interest at such
15 rate or rates, not exceeding the greater of (i) the maximum
16 rate authorized by the Bond Authorization Act, as amended at
17 the time of the making of the contract, or (ii) 8% per annum
18 payable semi-annually, may be in such form, may carry such
19 registration privileges, may be payable at such place or
20 places, may be made subject to redemption in such manner and
21 upon such terms, with or without premium as is stated on the
22 face thereof, may be executed in such manner and may contain
23 such terms and covenants, all as may be provided in said
24 ordinance. In case any officer whose signature appears on
25 any bond ceases (after attaching his signature) to hold
26 office, his signature shall nevertheless be valid and
27 effective for all purposes. The holder or holders of any
28 bonds, or interest coupons appertaining thereto issued by the
29 Authority may bring suits at law or proceedings in equity to
30 compel the performance and observance by the Authority or any
31 of its officers, agents or employees of any contract or
32 covenant made by the Authority with the holders of such bonds
33 or interest coupons, and to compel the Authority and any of
34 its officers, agents or employees to perform any duties
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1 required to be performed for the benefit of the holders of
2 any such bonds or interest coupons by the provisions of the
3 ordinance authorizing their issuance, and to enjoin the
4 Authority and any of its officers, agents or employees from
5 taking any action in conflict with any such contract or
6 covenant.
7 Notwithstanding the form and tenor of any such bonds and
8 in the absence of any express recital on the face thereof
9 that it is non-negotiable, all such bonds shall be negotiable
10 instruments under the law of the State of Illinois.
11 The bonds shall be sold by the corporate authorities of
12 the Authority in such manner as said corporate authorities
13 shall determine, except that if issued to bear interest at
14 the greater of (i) the maximum rate authorized by the Bond
15 Authorization Act, as amended at the time of the making of
16 the contract, or (ii) the rate of 8% per annum, the bonds
17 shall be sold for not less than par and accrued interest and
18 except that the selling price of bonds bearing interest at a
19 rate of less than the greater of (i) the maximum rate
20 authorized by the Bond Authorization Act, as amended at the
21 time of the making of the contract, or (ii) 8% per annum
22 shall be such that the interest cost to the Authority of the
23 money received from the sale of the bonds shall not exceed
24 the greater of (i) the maximum rate authorized by the Bond
25 Authorization Act, as amended at the time of the making of
26 the contract, or (ii) 8% annually computed to absolute
27 maturity of said bonds according to standard tables of bond
28 values.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
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1 revenues of the Authority so pledged to pay:
2 (a) the cost of maintaining, repairing, regulating and
3 operating the said facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertaking of
11 the Authority in connection with the issuance thereof and the
12 issuance of any additional bonds payable from such revenue
13 income to be derived from the fairs, exhibits, shows and
14 events and from charges made for the use of its facilities or
15 for admissions to its events, or from other revenue, if any,
16 the Authority may execute and deliver a trust agreement or
17 agreements; provided that no lien upon any physical property
18 of the Authority shall be created thereby.
19 A remedy for any breach or default of the terms of any
20 such trust agreement by the Authority may be had by mandamus
21 proceedings in any Court of competent jurisdiction to compel
22 performance and compliance therewith, but the trust agreement
23 may prescribe by whom or on whose behalf such action may be
24 instituted.
25 Before any such revenue bonds (excepting refunding bonds)
26 are sold the entire authorized issue, or any part thereof,
27 shall be offered for sale as a unit after advertising for
28 bids at least 3 times in a daily newspaper of general
29 circulation published in the metropolitan area, the last
30 publication to be at least 10 days before bids are required
31 to be filed. Copies of such advertisement may be published
32 in any newspaper or financial publication in the United
33 States. All bids shall be sealed, filed and opened as
34 provided by ordinance and the bonds shall be awarded to the
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1 highest and best bidder or bidders therefor. The Authority
2 shall have the right to reject all bids and readvertise for
3 bids in the manner provided for in the initial advertisement.
4 However, if no bids are received such bonds may be sold at
5 not less than par value, without further advertising, within
6 60 days after the bids are required to be filed pursuant to
7 any advertisement.
8 With respect to instruments for the payment of money
9 issued under this Section either before, on, or after the
10 effective date of Public Act 86-4 this amendatory Act of
11 1989, it is and always has been the intention of the General
12 Assembly (i) that the Omnibus Bond Acts are and always have
13 been supplementary grants of power to issue instruments in
14 accordance with the Omnibus Bond Acts, regardless of any
15 provision of this Article Act that may appear to be or to
16 have been more restrictive than those Acts, (ii) that the
17 provisions of this Section are not a limitation on the
18 supplementary authority granted by the Omnibus Bond Acts, and
19 (iii) that instruments issued under this Section within the
20 supplementary authority granted by the Omnibus Bond Acts are
21 not invalid because of any provision of this Article Act that
22 may appear to be or to have been more restrictive than those
23 Acts.
24 (Source: P.A. 86-4.)
25 (70 ILCS 290/12)
26 Section 280-35. Bonds; nature of indebtedness; Sec. 12.
27 Under no circumstances shall any bonds issued by the
28 Authority under Section 280-30 11 of this Act be or become an
29 indebtedness or obligation of the State of Illinois or of any
30 other political subdivision of or municipality within the
31 State, nor shall any such bond be or become an indebtedness
32 of the Authority within the purview of any constitutional
33 limitation or provision, and it shall be plainly stated on
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1 the face of each such bond that it does not constitute such
2 an indebtedness or obligation but is payable solely from the
3 revenues or income as aforesaid.
4 (Source: P.A. 80-909.)
5 (70 ILCS 290/14)
6 Section 280-40. General obligation bonds. Sec. 14. The
7 Authority may borrow money for the purpose of carrying out
8 its duties and exercising its powers under this Article Act,
9 and issue its general obligation bonds as evidence of the
10 indebtedness incurred. In addition to other purposes, such
11 bonds may be issued for the purpose of refunding outstanding
12 general obligation or revenue bonds of the Authority. Such
13 general obligation bonds shall be in the form, shall mature
14 at the time (no later than 40 years from the date of
15 issuance), shall bear interest at the rates (not to exceed
16 the greater of (i) the maximum rate authorized by the Bond
17 Authorization Act, as amended at the time of the making of
18 the contract, or (ii) 8% per annum), shall be executed by the
19 officers and shall be sold in the manner as the Board shall
20 determine; except that if issued to bear interest at the
21 greater of (i) the maximum rate authorized by the Bond
22 Authorization Act, as amended at the time of the making of
23 the contract, or (ii) the rate of 8% per annum, the bonds
24 shall be sold for not less than par and accrued interest, and
25 that the selling prices of bonds bearing interest at a rate
26 of less than the greater of (i) the maximum rate authorized
27 by the Bond Authorization Act, as amended at the time of the
28 making of the contract, or (ii) 8% per annum shall be such
29 that the interest cost to the Authority of the money received
30 from the sale of the bonds shall not exceed the greater of
31 (i) the maximum rate authorized by the Bond Authorization
32 Act, as amended at the time of the making of the contract, or
33 (ii) 8% annually computed to absolute maturity of the bonds
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1 in accordance with standard tables of bond values. In case
2 any officer whose signature appears on any bond ceases, after
3 affixing his signature, to hold office, his signature shall
4 nevertheless be valid and effective for all purposes.
5 With respect to instruments for the payment of money
6 issued under this Section either before, on, or after the
7 effective date of Public Act 86-4 this amendatory Act of
8 1989, it is and always has been the intention of the General
9 Assembly (i) that the Omnibus Bond Acts are and always have
10 been supplementary grants of power to issue instruments in
11 accordance with the Omnibus Bond Acts, regardless of any
12 provision of this Article Act that may appear to be or to
13 have been more restrictive than those Acts, (ii) that the
14 provisions of this Section are not a limitation on the
15 supplementary authority granted by the Omnibus Bond Acts, and
16 (iii) that instruments issued under this Section within the
17 supplementary authority granted by the Omnibus Bond Acts are
18 not invalid because of any provision of this Article Act that
19 may appear to be or to have been more restrictive than those
20 Acts.
21 (Source: P.A. 86-4.)
22 (70 ILCS 290/15)
23 Section 280-45. G.O. bonds; election. Sec. 15. General
24 obligation bonds of the Authority, shall not be issued until
25 the proposition to issue the same has been submitted to and
26 approved by a majority of the voters of the metropolitan area
27 voting upon the proposition at an election in accordance with
28 the general election law. Any such proposition shall be in
29 substantially the following form:
30 -------------------------------------------------------------
31 Shall bonds of the "Lake County
32 (or Will County, as the case may be) YES
33 Metropolitan Exposition and Auditorium Authority" -------
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1 in the amount of ....... Dollars ($ ) be issued NO
2 for the purpose of ?
3 -------------------------------------------------------------
4 (Source: P.A. 86-1414.)
5 (70 ILCS 290/16)
6 Section 280-50. Conduct of election; canvass of returns.
7 Sec. 16. Any referendum required under Sections 280-40 and
8 280-45 14 or 15 of this Act shall be certified by the Board
9 to the proper election officials, who shall conduct the
10 referendum in accordance with the general election law. The
11 returns shall be filed with the secretary of the Board and
12 shall be canvassed and the results ascertained by the Board
13 and entered upon the records of the Authority.
14 (Source: P.A. 81-1489.)
15 (70 ILCS 290/17, in part)
16 Section 280-55. Board created. Sec. 17. The governing
17 and administrative body of the Authority shall be a board
18 consisting of 7 members and shall be known as the Lake County
19 Metropolitan Exposition and Auditorium Authority Board or the
20 Will County Exposition and Auditorium Authority Board, as the
21 case may be.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 290/18, in part)
24 Section 280-60. Board members appointed. Sec. 18.
25 Within 60 days after September 22, 1977 (the effective date
26 of Public Act 80-909) of the effective date of this Act, the
27 Governor, with the advice and consent of the Senate, shall
28 appoint 3 members to the each Board, one to serve an initial
29 term expiring December 1, 1979, and 2 to serve initial terms
30 expiring December 1, 1981; and the Mayor of Waukegan, or
31 Joliet, as the case may be, with the advice and consent of
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1 the respective city council, shall appoint 4 members to the
2 Board, 3 to serve initial terms expiring December 1, 1979,
3 and one to serve an initial term expiring December 1, 1981.
4 Thereafter all terms shall be for 5 years. Vacancies shall
5 be filled in the same manner as the original appointment,
6 except as otherwise provided in this Section. When a term
7 expires, the same appointing authority shall make the
8 appointment for the next term. Members shall serve until
9 their successors are appointed and qualified. When the
10 appointments are final, the Governor or , the Mayor, or the
11 chairman of the county board, as the case may be, shall
12 certify the appointees to the Secretary of State.
13 Upon the effective date of this amendatory Act of 1990,
14 the terms of all members of the Lake County Metropolitan
15 Exposition and Auditorium Authority Board that were appointed
16 by the Mayor of Waukegan shall end, and the vacancies of
17 those members shall thereafter be filled by appointment by
18 the chairman of the county board of Lake County, with the
19 advice and consent of the county board of Lake County. Upon
20 and after the effective date of this amendatory Act of 1990,
21 all members, by whomever appointed, of the Lake County
22 Metropolitan Exposition and Auditorium Authority Board shall
23 be residents of Lake County outside the City of Waukegan.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 290/19)
26 Section 280-65. Organization of Board. Sec. 19. As soon
27 as practicably possible after the appointment of the initial
28 members and, thereafter, within 15 days of each election of
29 members, the Board shall organize for the transaction of
30 business, select a chairman, vice-chairman, and a temporary
31 secretary from its own number, and adopt by-laws and
32 regulations to govern its proceedings. The initial chairman
33 and his successors shall be elected by the Board from time to
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1 time for the term of his office as a member of the Board.
2 (Source: P.A. 80-909.)
3 (70 ILCS 290/20)
4 Section 280-70. Meetings; approval of ordinances and
5 resolutions by chairman; public records. Sec. 20. Regular
6 meetings of the Board shall be held at least once in each
7 calendar month, the time and place of such meetings to be
8 fixed by the Board. Five members of the Board shall
9 constitute a quorum for the transaction of business. All
10 action of the Board shall be by ordinance or resolution and
11 the affirmative vote of at least 4 members shall be necessary
12 for the adoption of any ordinance or resolution.
13 All such ordinances and resolutions before taking effect
14 shall be approved by the chairman of the Board, and if he
15 shall approve thereof he shall sign the same, and such as he
16 shall not approve he shall return to the Board with his
17 objections thereto in writing at the next regular meeting of
18 the Board occurring after the passage thereof. But in case
19 the chairman shall fail to return any ordinance or resolution
20 with his objections thereto by the time aforesaid, he shall
21 be deemed to have approved the same and it shall take effect
22 accordingly. Upon the return of any ordinance or resolution
23 by the chairman with his objections, the vote by which the
24 same was passed shall be reconsidered by the Board, and if
25 upon such reconsideration said ordinance or resolution is
26 passed by the affirmative vote of at least 4 members, it
27 shall go into effect notwithstanding the veto of the
28 chairman.
29 All ordinances, resolutions and all proceedings of the
30 Authority and all documents and records in its possession
31 shall be public records, and open to public inspection,
32 except such documents and records as shall be kept or
33 prepared by the Board for use in negotiations, actions action
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1 or proceedings to which the Authority is a party.
2 (Source: P.A. 82-349.)
3 (70 ILCS 290/22)
4 Section 280-75. Funds; compliance with Public Funds
5 Investment Act. Sec. 22. All funds deposited by the
6 treasurer in any bank or savings and loan association shall
7 be placed in the name of the Authority and shall be withdrawn
8 or paid out only by check or draft upon the bank or savings
9 and loan association, signed by the chairman, vice-chairman,
10 secretary or treasurer and countersigned by one of the same
11 officers, but no one officer shall both sign and countersign
12 a check or draft. The Board may designate any of its members
13 or any officer or employee of the Authority to affix the
14 signature of the chairman and another to affix the signature
15 of the treasurer to any check or draft for payment of
16 salaries or wages and for payment of any other obligation of
17 not more than $2,500.
18 No bank or savings and loan association shall receive
19 public funds as permitted by this Section, unless it has
20 complied with the requirements established pursuant to
21 Section 6 of the Public Funds Investment Act "An Act relating
22 to certain investments of public funds by public agencies",
23 approved July 23, 1943, as now or hereafter amended.
24 (Source: P.A. 83-541.)
25 (70 ILCS 290/26)
26 Section 280-80. Contracts; bidding. Sec. 26. All
27 contracts for the sale of property of the value of more than
28 $2500 or for any concession in or lease of property of the
29 Authority for a term of more than one year shall be awarded
30 to the highest responsible bidder, after advertising for
31 bids. All construction contracts and contracts for supplies,
32 materials, equipment and services, when the expense thereof
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1 will exceed $2500, shall be let to the lowest responsible
2 bidder, after advertising for bids excepting (1) when repair
3 parts, accessories, equipment or services are required for
4 equipment or services previously furnished or contracted for;
5 (2) when the nature of the services required is such that
6 competitive bidding is not in the best interest of the
7 public, including, without limiting the generality of the
8 foregoing, the services of accountants, architects,
9 attorneys, engineers, physicians, superintendents of
10 construction, and others possessing a high degree of skill;
11 and (3) when services such as water, light, heat, power,
12 telephone or telegraph are required.
13 All contracts involving less than $2500 shall be let by
14 competitive bidding whenever possible, and in any event in a
15 manner calculated to ensure insure the best interests of the
16 public.
17 Competitive bidding is not required for the lease of real
18 estate or buildings owned or controlled by the Authority on
19 July 13, 1982 (the effective date of Public Act 82-786) the
20 effective date of this Amendatory Act. The Board is
21 empowered to offer such leases upon such terms as it deems
22 advisable.
23 In determining the responsibility of any bidder, the
24 Board may take into account the past record of dealings with
25 the bidder, the bidder's experience, adequacy of equipment,
26 and ability to complete performance within the time set, and
27 other factors besides financial responsibility, but in no
28 case shall any such contracts be awarded to any other than
29 the highest bidder (in case of sale, concession or lease) or
30 the lowest bidder (in case of purchase or expenditure) unless
31 authorized or approved by a vote of at least three-fourths of
32 the members of the Board, and unless such action is
33 accompanied by a statement in writing setting forth the
34 reasons for not awarding the contract to the highest or
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1 lowest bidder, as the case may be, which statement shall be
2 kept on file in the principal office of the Authority and
3 open to public inspection.
4 From the group of responsible bidders the lowest bidder
5 shall be selected in the following manner: to all bids for
6 sales the gross receipts of which are not taxable under the
7 "Retailers' Occupation Tax Act", approved June 28, 1933, as
8 amended, there shall be added an amount equal to the tax
9 which would be payable under said Act, if applicable, and the
10 lowest in amount of said adjusted bids and bids for sales the
11 gross receipts of which are taxable under said Act shall be
12 considered the lowest bid; provided, that, if said lowest bid
13 relates to a sale not taxable under said Act, any contract
14 entered into thereon shall be in the amount of the original
15 bid not adjusted as aforesaid.
16 Contracts shall not be split into parts involving
17 expenditures of less than $2500 for the purposes of avoiding
18 the provisions of this Section, and all such split contracts
19 shall be void. If any collusion occurs among bidders or
20 prospective bidders in restraint of freedom of competition,
21 by agreement to bid a fixed amount or to refrain from bidding
22 or otherwise, the bids of such bidders shall be void. Each
23 bidder shall accompany his bid with a sworn statement that he
24 has not been a party to any such agreement.
25 Members of the Board, officers and employees of the
26 Authority, and their relatives within the fourth degree of
27 consanguinity by the terms of the civil law, are forbidden to
28 be interested directly or indirectly in any contract for
29 construction of maintenance work or for the delivery of
30 materials, supplies or equipment.
31 The Board shall have the right to reject all bids and to
32 readvertise for bids. If after any such advertisement no
33 responsible and satisfactory bid, within the terms of the
34 advertisement, shall be received, the Board may award such
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1 contract, without competitive bidding, provided that it shall
2 not be less advantageous to the Authority than any valid bid
3 received pursuant to advertisement.
4 The Board shall adopt rules and regulations to carry into
5 effect the provisions of this Section.
6 (Source: P.A. 82-786.)
7 (70 ILCS 290/28)
8 Section 280-85. Report and financial statement. Sec. 28.
9 As soon after the end of each fiscal year as may be
10 expedient, the Board shall cause to be prepared and printed a
11 complete and detailed report and financial statement of its
12 operations and of its assets and liabilities. A reasonably
13 sufficient number of copies of such report shall be printed
14 for distribution to persons interested, upon request.
15 (Source: P.A. 80-909.)
16 Section 280-90. Standard civic center provisions
17 incorporated by reference. The following Sections of this
18 Code are incorporated by reference into this Article:
19 Section 2-3. Purpose.
20 Section 2-5. Definitions.
21 Section 2-10. Lawsuits; common seal.
22 Section 2-25. Incurring obligations.
23 Section 2-30. Prompt payment.
24 Section 2-35. Acquisition of property from person,
25 State, or local agency.
26 Section 2-45. Insurance.
27 Section 2-60. Investment in bonds.
28 Section 2-76. Board members; financial matters;
29 compensation for secretary or treasurer; conflict of
30 interest.
31 Section 2-80. Board members' oath.
32 Section 2-101. Secretary; treasurer; funds deposited in
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1 bank or savings and loan association.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties.
6 Section 2-130. Bids and advertisements.
7 Section 2-132. Bidders; civil action to compel
8 compliance.
9 Section 2-140. State financial support.
10 Section 2-145. Anti-trust laws.
11 Section 2-150. Tax exemption.
12 ARTICLE 900. CODIFICATION PROVISIONS
13 Section 900-1. Prior law.
14 (a) A provision of this Code that is a continuation of a
15 prior law shall not be construed as a new or different law.
16 (b) A citation in another Act to an Act or to a Section
17 of an Act that is continued in this Code shall be construed
18 to be a citation to that continued provision in this Code.
19 Section 900-5. Other Acts of the General Assembly. If
20 any Act of the General Assembly changes, adds, or repeals a
21 provision of prior law that is continued in this Code, then
22 that change, addition, or repeal in the other Act shall be
23 construed together with this Code.
24 Section 900-10. Home rule; mandates. Nothing in this
25 Code as initially enacted (i) is a denial or limitation on
26 home rule powers if no denial or limitation existed under
27 prior law or (ii) creates a State mandate under the State
28 Mandates Act if no mandate existed under prior law.
29 Section 900-15. Titles; Articles; captions. The
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1 language contained in the Titles, Article headings, and
2 Section and subsection captions in this Code:
3 (1) is intended only as a general description that
4 is not a part of the substantive provisions of this Code;
5 (2) does not take precedence over the content of
6 the substantive provisions of this Code; and
7 (3) shall not be used in construing the meaning of
8 the substantive provisions of this Code.
9 ARTICLE 990. STATUTES REPEALED
10 Section 990-5. Repeals. The following Acts are
11 repealed:
12 (70 ILCS 205/Act rep.)
13 The Metropolitan Civic Center Act.
14 (70 ILCS 220/Act rep.)
15 The Aledo, Normal, Mason County, Jasper County,
16 Brownstown Park District, Jo Daviess County, Milford,
17 Sheldon, Katherine Dunham, and Oak Park Civic Centers Act.
18 (70 ILCS 225/Act rep.)
19 The Aurora Civic Center Act.
20 (70 ILCS 230/Act rep.)
21 The Benton Civic Center Law.
22 (70 ILCS 235/Act rep.)
23 The Bloomington Civic Center Authority Act.
24 (70 ILCS 240/Act rep.)
25 The Cave in Rock Township Civic Center Law.
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1 (70 ILCS 245/Act rep.)
2 The Chicago South and Melrose Park Civic Centers Act.
3 (70 ILCS 250/Act rep.)
4 The Collinsville Civic Center Act.
5 (70 ILCS 255/Act rep.)
6 The Columbia Civic Center Law.
7 (70 ILCS 260/Act rep.)
8 The Community Building Complex Committee of Boone County
9 Law.
10 (70 ILCS 265/Act rep.)
11 The Decatur and Vermilion County Civic Centers Act.
12 (70 ILCS 270/Act rep.)
13 The DuPage County, Sterling, Elgin, Orland Park, Centre
14 East, and Schaumburg Civic Centers Act.
15 (70 ILCS 275/Act rep.)
16 The Forest Park Civic Center Law.
17 (70 ILCS 280/Act rep.)
18 The Herrin, Jefferson County, and Quincy Civic Centers
19 Act.
20 (70 ILCS 285/Act rep.)
21 The Illinois-Michigan Canal National Heritage Corridor
22 Civic Center Authority Act.
23 (70 ILCS 290/Act rep.)
24 The Lake County and Will County Metropolitan Exposition
25 and Auditorium Authority Act.
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1 (70 ILCS 300/Act rep.)
2 The Leyden Township Space Needs Law.
3 (70 ILCS 305/Act rep.)
4 The Marengo, Crystal Lake, and Bowdre Township Civic
5 Centers Act.
6 (70 ILCS 310/Act rep.)
7 The Maywood Civic Center Law.
8 (70 ILCS 315/Act rep.)
9 The Peoria Civic Center Act.
10 (70 ILCS 320/Act rep.)
11 The Quad City and Pekin Civic Centers Act.
12 (70 ILCS 325/Act rep.)
13 The Randolph County, Carbondale, Riverside, Matteson,
14 Ottawa, Illinois Valley, Waukegan, and Pontiac Civic Centers
15 Act.
16 (70 ILCS 330/Act rep.)
17 The River Forest Civic Center Act.
18 (70 ILCS 335/Act rep.)
19 The Salem Civic Center Law.
20 (70 ILCS 340/Act rep.)
21 The Rockford Civic Center Act.
22 (70 ILCS 345/Act rep.)
23 The Springfield Metropolitan Exposition and Auditorium
24 Authority Act.
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1 (70 ILCS 350/Act rep.)
2 The West Frankfort Civic Center Law.
3 Section 990-10. The following Sections are repealed in
4 Section 990-5 without being continued in the Civic Center
5 Code:
6 Section 0.01 (short title) of the Aledo, Normal, Mason
7 County, Jasper County, Brownstown Park District, Jo Daviess
8 County, Milford, Sheldon, Katherine Dunham, and Oak Park
9 Civic Centers Act. (70 ILCS 220/0.01)
10 Section 0.01 (short title) of the Chicago South and
11 Melrose Park Civic Centers Act. (70 ILCS 245/0.01)
12 Section 0.01 (short title) of the DuPage County,
13 Sterling, Elgin, Orland Park, Centre East, and Schaumburg
14 Civic Centers Act. (70 ILCS 270/0.01)
15 Section 0.01 (short title) of the Herrin, Jefferson
16 County, and Quincy Civic Centers Act. (70 ILCS 280/0.01)
17 Section 0.01 (short title) of the Marengo, Crystal Lake,
18 and Bowdre Township Civic Centers Act. (70 ILCS 305/0.01)
19 Section 0.01 (short title) of the Quad City and Pekin
20 Civic Centers Act. (70 ILCS 320/0.01)
21 Section 0.01 (short title) of the Randolph County,
22 Carbondale, Riverside, Matteson, Ottawa, Illinois Valley,
23 Waukegan, and Pontiac Civic Centers Act. (70 ILCS 325/0.01)
24 ARTICLE 998. COMPARISON OF PRIOR LAW
25 AND STANDARD CIVIC CENTER PROVISIONS
26 PART 1. GENERAL PROVISIONS
27 Section 998-1. Explanation. Because this Act is a
28 codification of existing law, this Article is included only
29 for informational purposes to show the relationship between
30 provisions of prior civic center laws and the corresponding
31 standard civic center provisions of Article 2 that are
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1 incorporated by reference into Articles 5 through 280. In
2 Parts 5 through 280 of this Article, each Part sets forth in
3 full only those provisions of prior civic center laws that
4 have been replaced by standard civic center provisions. A
5 provision of a prior civic center law that has not been
6 replaced by a standard civic center provision and that has
7 been retained in one of Articles 5 through 280 is not set
8 forth in full in this Article, but there is set forth in the
9 appropriate Part of this Article (i) a Section number and
10 caption and (ii) a reference to the Section located in one of
11 Articles 5 through 280 in which the nonstandard provision is
12 contained. In Parts 5 through 280 of this Article, in the
13 text of a Section, (i) matter that is stricken indicates
14 matter that is deleted from prior law in order to state the
15 corresponding standard civic center provision, (ii) matter
16 that is underscored indicates matter that is added to prior
17 law in order to state the corresponding standard civic center
18 provision, and (iii) the symbol "* * *" indicates matter that
19 has not been replaced by standard civic center provisions and
20 that has been retained in Articles 5 through 280. If a
21 Section of prior law has been replaced by 2 or more new
22 Sections representing standard civic center provisions, the
23 beginning of the second and following of those new Sections
24 is indicated in the text as a new paragraph beginning in the
25 form "Section 2-XX.". If the text of the second or following
26 of those new Sections appears in the middle of the text of
27 another of those new Sections, the point at which the text of
28 the other new Section resumes is indicated by a parenthetical
29 reference in the form "(Section 2-XX, resumed)".
30 This Article is repealed on the effective date of this
31 Act.
32 PART 5. ALEDO CIVIC CENTER
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1 (70 ILCS 220/1-1) (from Ch. 85, par. 4501)
2 Section 2-3. Purpose. Sec. 1-1. The purpose of this
3 Article is to accomplish the aims of the State of Illinois to
4 enhance the ability of its citizens to avail themselves of
5 civic and cultural centers geographically situated throughout
6 the entire State of Illinois.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/1-2) (from Ch. 85, par. 4502)
9 Section 5-1. Short title. Sec. 1-2. * * * (nonstandard
10 provisions contained in Section 5-1) * * *
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/1-3) (from Ch. 85, par. 4503)
13 Section 2-5. Definitions. Sec. 1-3. When used In this
14 Article:
15 * * * (nonstandard provisions contained in Section 5-5) *
16 * *
17 "Governmental agency" means the federal government, the
18 State, and any unit of local government or school district
19 governmental body, and any agency or instrumentality,
20 corporate or otherwise, thereof.
21 "Person" means any individual, firm, partnership,
22 corporation, both domestic and foreign, company, association
23 or joint stock association; and includes any trustee,
24 receiver, assignee or personal representative thereof.
25 * * * (nonstandard provisions contained in Section 5-5) *
26 * *
27 (Source: P.A. 85-1448.)
28 (70 ILCS 220/1-4) (from Ch. 85, par. 4504)
29 Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
30 (nonstandard provisions contained in Section 5-10) * * *
31 (a) The Authority may sue and be sued in its corporate
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1 name but execution shall not in any case issue against any
2 property of the Authority.
3 (b) The Authority It may adopt a common seal and change
4 the same at its pleasure. * * * (nonstandard provisions
5 contained in Section 5-10) * * *
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/1-5) (from Ch. 85, par. 4505)
8 Section 2-15. Duties; auditorium, recreational, and other
9 buildings; lease of space. Sec. 1-5. It shall be the duty of
10 the Authority to promote, operate and maintain expositions,
11 conventions, and theatrical, sports and cultural activities
12 from time to time in the metropolitan area and in connection
13 therewith to arrange, finance and maintain industrial,
14 cultural, educational, theatrical, sports, trade and
15 scientific exhibits and to construct, equip and maintain
16 auditorium, exposition, recreational and office buildings for
17 such purposes.
18 The provision of office space for lease and rental and
19 the lease of air space over and appurtenant to such
20 structures shall be deemed an integral function of the
21 Authority.
22 The Authority is granted all rights and powers necessary
23 to perform such duties.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/1-6) (from Ch. 85, par. 4506)
26 Section 2-20. Rights and powers, including eminent
27 domain. Sec. 1-6. The Authority shall have the following
28 rights and powers duties:
29 (a) To acquire, purchase, own, construct, lease as
30 lessee or in any other way acquire, improve, extend, repair,
31 reconstruct, regulate, operate, equip and maintain exhibition
32 centers, civic auditoriums, cultural facilities and office
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1 buildings, including sites and parking areas and commercial
2 facilities therefor located within the metropolitan area;
3 (b) To plan for such grounds, centers and auditoriums
4 and to plan, sponsor, hold, arrange and finance fairs,
5 industrial, cultural, educational, trade and scientific
6 exhibits, shows and events and to use or allow the use of
7 such grounds, centers, and auditoriums for the holding of
8 fairs, exhibits, shows and events whether conducted by the
9 Authority or some other person or governmental agency;
10 (c) To exercise the right of eminent domain to acquire
11 sites for such grounds, centers, buildings and auditoriums,
12 and parking areas and facilities in the manner provided for
13 the exercise of the right of eminent domain under Article VII
14 of the Code of Civil Procedure, as amended;
15 (d) To fix and collect just, reasonable and
16 nondiscriminatory charges and rents for the use of such
17 parking areas and facilities, grounds, centers, buildings and
18 auditoriums and admission charges to fairs, shows, exhibits
19 and events sponsored or held by the Authority. The charges
20 collected may be made available to defray the reasonable
21 expenses of the Authority and to pay the principal of and the
22 interest on any bonds issued by the Authority;
23 (e) To enter into contracts treating in any manner with
24 the objects and purposes of this Article.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/1-7) (from Ch. 85, par. 4507)
27 Section 2-25. Incurring obligations. Sec. 1-7. The
28 Authority shall not incur any obligations for salaries or
29 for, office or administrative expenses except within the
30 amounts of funds that which will be available to it when such
31 obligations become payable.
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/1-8) (from Ch. 85, par. 4508)
2 Section 2-35. Acquisition of property from person, State,
3 or local agency. Sec. 1-8. The Authority shall have power
4 (i) to acquire and accept by purchase, lease, gift or
5 otherwise any property or rights useful for the Authority's
6 purposes from any person or persons, from any municipal
7 corporation, body politic, or agency of the State, or from
8 the State itself, (ii) useful for its purposes, and to apply
9 for and accept grants, matching grants, loans or
10 appropriations from the State of Illinois or any agency or
11 instrumentality thereof to be used for any of the purposes of
12 the Authority, and (iii) to enter into any agreement with the
13 State of Illinois in relation to such grants, matching
14 grants, loans or appropriations.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/1-9) (from Ch. 85, par. 4509)
17 Section 2-40. Federal money. Sec. 1-9. The Authority
18 shall have the power (i) to apply for and accept grants,
19 matching grants, loans or appropriations from the federal
20 government or any agency or instrumentality thereof to be
21 used for any of the purposes of the Authority and (ii) to
22 enter into any agreement with the federal government in
23 relation to such grants, matching grants, loans or
24 appropriations.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/1-10) (from Ch. 85, par. 4510)
27 Section 2-45. Insurance. Sec. 1-10. The Authority shall
28 have the power to procure and enter into contracts for any
29 type of insurance and indemnity against loss or damage to
30 property from any cause, against loss of use and occupancy,
31 against employers' liability, against any act of any member,
32 officer, or employee of the Board or Authority in the
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1 performance of the duties of the his office or employment,
2 and against or any other insurable risk.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/1-11) (from Ch. 85, par. 4511)
5 Section 2-50. Borrowing; revenue bonds; suits to compel
6 performance. Sec. 1-11. The Authority shall have continuing
7 power to borrow money for the purpose of carrying out and
8 performing its duties and exercising its powers under this
9 Article Act.
10 For the purpose of evidencing the obligation of the
11 Authority to repay any money borrowed as aforesaid, the
12 Authority may, pursuant to an ordinance adopted by the Board,
13 from time to time issue and dispose of its interest bearing
14 revenue bonds, and may also from time to time issue and
15 dispose of its interest bearing revenue bonds to refund any
16 bonds at maturity or pursuant to redemption provisions or at
17 any time before maturity with the consent of the holders
18 thereof. All such bonds shall be payable solely from the
19 revenues or income to be derived from the fairs, expositions,
20 exhibitions, rentals and leases and other authorized
21 activities operated by it, and from funds, if any, received
22 and to be received by the Authority from any other source.
23 Such bonds may bear such date or dates, may mature at such
24 time or times not exceeding 40 forty years from their
25 respective dates, may bear interest at such rate or rates,
26 not exceeding the maximum rate permitted by the Bond
27 Authorization Act "An Act to authorize public corporations to
28 issue bonds, other evidences of indebtedness and tax
29 anticipation warrants subject to interest rate limitations
30 set forth therein", approved May 26, 1970, as amended, may be
31 in such form, may carry such registration privileges, may be
32 executed in such manner, may be payable at such place or
33 places, may be made subject to redemption in such manner and
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1 upon such terms, with or without premium as is stated on the
2 face thereof, may be executed in such manner, and may contain
3 such terms and covenants, all as may be provided in said
4 ordinance. In case any officer whose signature appears on any
5 bond ceases (after attaching his signature) to hold office,
6 his signature shall nevertheless be valid and effective for
7 all purposes. The holder or holders of any bonds, or interest
8 coupons appertaining thereto issued by the Authority may
9 bring suits at law or proceedings in equity to compel the
10 performance and observance by the Authority or any of its
11 officers, agents or employees of or any contract or covenant
12 made by the Authority with the holders of such bonds or
13 interest coupons, and to compel the Authority or and any of
14 its officers, agents or employees to perform any duties
15 required to be performed for the benefit of the holders of
16 any such bonds or interest coupons by the provisions of the
17 ordinance authorizing their issuance, and to enjoin the
18 Authority and any of its officers, agents or employees from
19 taking any action in conflict with any such contract or
20 covenant.
21 Notwithstanding the form and tenor of any such bonds and
22 in the absence of any express recital on the face thereof
23 that it is non-negotiable, all such bonds shall be negotiable
24 instruments under the Uniform Commercial Code.
25 From and after the issuance of any bonds as herein
26 provided it shall be the duty of the corporate authorities of
27 the Authority to fix and establish rates, charges, rents, and
28 fees for the use of facilities acquired, constructed,
29 reconstructed, extended or improved with the proceeds of the
30 sale of said bonds sufficient at all times, with other
31 revenues of the Authority to pay:
32 (a) the cost of maintaining, repairing, regulating and
33 operating the said facilities; and
34 (b) the bonds and interest thereon as they shall become
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1 due, and all sinking fund requirements and other requirements
2 provided by the ordinance authorizing the issuance of the
3 bonds or as provided by any trust agreement executed to
4 secure payment thereof.
5 To secure the payment of any or all of such bonds and for
6 the purpose of setting forth the covenants and undertakings
7 of the Authority in connection with the issuance thereof and
8 the issuance of any additional bonds payable from such
9 revenue income to be derived from the fairs, recreational,
10 theatrical, and cultural, expositions, sports sport
11 activities, exhibitions, office rentals, and air space leases
12 and rentals, and from other revenue, if any, the Authority
13 may execute and deliver a trust agreement or agreements;
14 provided that no lien upon any physical property of the
15 Authority shall be created thereby.
16 A remedy for any breach or default of the terms of any
17 such trust agreement by the Authority may be by mandamus
18 proceedings in any court of competent jurisdiction to compel
19 performance and compliance therewith, but the trust agreement
20 may prescribe by whom or on whose behalf such action may be
21 instituted.
22 Before any such bonds (excepting refunding bonds) are
23 sold, the entire authorized issue, or any part thereof, shall
24 be offered for sale as a unit after advertising for bids at
25 least 3 three times in a daily newspaper of general
26 circulation published in the metropolitan area, the last
27 publication to be at least 10 ten days before bids are
28 required to be filed. Copies of such advertisement may be
29 published in any newspaper or financial publication in the
30 United States. All bids shall be sealed, filed and opened as
31 provided by ordinance and the bonds shall be awarded to the
32 highest and best bidder or bidders therefor. The Authority
33 shall have the right to reject all bids and to readvertise
34 for bids in the manner provided for in the initial
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1 advertisement. However, if no bids are received such bonds
2 may be sold at not less than par value, without further
3 advertising, within 60 days after the bids are required to be
4 filed pursuant to any advertisement.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/1-12) (from Ch. 85, par. 4512)
7 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
8 Under no circumstances shall any bonds issued by the
9 Authority be or become an indebtedness or obligation of the
10 State of Illinois or of any other political subdivision of or
11 municipality within the State, nor shall any such bond or
12 obligation be or become an indebtedness of the Authority
13 within the purview of any constitutional limitation or
14 provision, and it shall be plainly stated on the face of each
15 such bond that it does not constitute such an indebtedness or
16 obligation but is payable solely from the revenues or income
17 as provided in this Article aforesaid.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/1-13) (from Ch. 85, par. 4513)
20 Section 2-60. Investment in bonds. Sec. 1-13. The State
21 and all counties, cities, villages, incorporated towns and
22 other municipal corporations, political subdivisions and
23 public bodies, and public officers of any thereof;, all
24 banks, bankers, trust companies, savings banks and
25 institutions, building and loan associations, savings and
26 loan associations, investment companies and other persons
27 carrying on an insurance business; and all executors,
28 administrators, guardians, trustees and other fiduciaries may
29 legally invest any sinking funds, moneys or other funds
30 belonging to them or within their control in any bonds issued
31 pursuant to this Article, it being the purpose of this
32 Section to authorize the investment in such bonds of all
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1 sinking, insurance, retirement, compensation, pension and
2 trust funds, whether owned or controlled by private or public
3 persons or officers; provided, however, that nothing
4 contained in this Section may be construed as relieving any
5 person from any duty of exercising reasonable care in
6 selecting securities for investment.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/1-14) (from Ch. 85, par. 4514)
9 Section 2-75. Board members; financial matters; conflict
10 of interest. Sec. 1-14. * * * (nonstandard provisions
11 contained in Section 5-15) * * * The members of the Board
12 shall serve without compensation, but shall be reimbursed for
13 actual expenses incurred by them in the performance of their
14 duties.
15 No member of the Board or employee of the Authority shall
16 have any private financial interest, profit or benefit in any
17 contract, work or business of the Authority or nor in the
18 sale or lease of any property to or from the Authority.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/1-15) (from Ch. 85, par. 4515)
21 Section 2-80. Board members' oath. Sec. 1-15. * * *
22 (nonstandard provisions contained in Section 5-20) * * *
23 Within 30 days after certification of his appointment, and
24 before entering upon the duties of his office, each member of
25 the Board shall take and subscribe the constitutional oath of
26 office and file it in the office of the Secretary of State.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/1-16) (from Ch. 85, par. 4516)
29 Section 2-85. Board members; vacancy in office. Sec.
30 1-16. Members of the Board shall hold office until their
31 respective successors have been appointed and qualified. Any
-432- LRB9000879DJcd
1 member may resign from his office; the resignation takes to
2 take effect when the member's his successor has been
3 appointed and has qualified. * * * (nonstandard provisions
4 contained in Section 5-25) * * *
5 In case of failure to qualify within the time required,
6 or of abandonment of his office, or in case of death,
7 conviction of a felony or removal from office, a member's his
8 office shall become vacant. Each vacancy shall be filled for
9 the unexpired term by appointment in like manner, as in the
10 case of expiration of the term of a member of the Board.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/1-17) (from Ch. 85, par. 4517)
13 Section 2-90. Organization of the Board. Sec. 1-17. As
14 soon as practicably possible after the appointment of the
15 initial members, the Board shall organize for the transaction
16 of business, select a chairman and a temporary secretary from
17 its own number, and adopt by-laws and regulations to govern
18 its proceedings. The initial chairman and his successors
19 shall be elected by the Board from time to time for the term
20 of the chairman's his office as a member of the Board or for
21 the term of 3 years, whichever is shorter.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/1-18) (from Ch. 85, par. 4518)
24 Section 2-95. Meetings; action by 5 Board members. Sec.
25 1-18. Regular meetings of the Board shall be held at least
26 once in each calendar month, the time and place of such
27 meetings to be fixed by the Board.
28 Five members of the Board shall constitute a quorum for
29 the transaction of business. All actions of the Board shall
30 be by ordinance or resolution and the affirmative vote of at
31 least 5 members shall be necessary for the adoption of any
32 ordinance or resolution.
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1 All ordinances, resolutions and all proceedings of the
2 Authority and all documents and records in its possession
3 shall be public records, and open to public inspection,
4 except such documents and records as shall be kept or
5 prepared by the Board for use in negotiations, actions action
6 or proceedings to which the Authority is a party.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/1-19) (from Ch. 85, par. 4519)
9 Section 2-100. Secretary; treasurer. Sec. 1-19. The
10 Board shall appoint a secretary and a treasurer, who need not
11 be members of the Board, to hold office during the pleasure
12 of the Board, and shall fix their duties and compensation.
13 Before entering upon the duties of their respective offices
14 they shall take and subscribe the constitutional oath of
15 office, and the treasurer shall execute a bond with corporate
16 sureties to be approved by the Board. The bond shall be
17 payable to the Authority in whatever penal sum may be
18 directed upon the faithful performance of the duties of the
19 office and the payment of all money received by the treasurer
20 him according to law and the orders of the Board. The Board
21 may, at any time, require a new bond from the treasurer in a
22 such penal sum as may then be determined by the Board. The
23 obligation of the sureties shall not extend to any loss
24 sustained by the insolvency, failure or closing of any
25 national or state bank wherein the treasurer has deposited
26 funds if the bank has been approved by the Board as a
27 depositary for those these funds. The oaths of office and
28 the treasurer's bond shall be filed in the principal office
29 of the Authority.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/1-20) (from Ch. 85, par. 4520)
32 Section 2-105. Funds. Sec. 1-20. All funds deposited by
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1 the treasurer in any bank shall be placed in the name of the
2 Authority and shall be withdrawn or paid out only by check or
3 draft upon the bank, signed by the treasurer and
4 countersigned by the chairman of the Board. The Board may
5 designate any of its members or any officer or employee of
6 the Authority to affix the signature of the chairman and
7 another to affix the signature of the treasurer to any check
8 or draft for payment of salaries or wages and for payment of
9 any other obligation of not more than $2,500.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/1-21) (from Ch. 85, par. 4521)
12 Section 2-110. Signatures on checks or drafts. Sec. 1-21.
13 In case any officer whose signature appears upon any check or
14 draft, issued pursuant to this Article Act, ceases (after
15 attaching his signature) to hold his office after attaching
16 his or her signature and before the delivery of the check or
17 draft thereof to the payee, that his signature nevertheless
18 shall be valid and sufficient for all purposes with the same
19 effect as if the officer he had remained in office until
20 delivery.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/1-22) (from Ch. 85, par. 4522)
23 Section 2-115. General manager; other appointments. Sec.
24 1-22. The Board may appoint a general manager who shall be a
25 person of recognized ability and business experience, to
26 hold office during the pleasure of the Board. The general
27 manager shall have management of the properties and business
28 of the Authority and of the employees thereof subject to the
29 general control of the Board, shall direct the enforcement of
30 all ordinances, resolutions, rules and regulations of the
31 Board, and shall perform such other duties as may be
32 prescribed from time to time by the Board.
-435- LRB9000879DJcd
1 The Board may appoint a general attorney and a chief
2 engineer and shall provide for the appointment of such other
3 officers, attorneys, engineers, planners, consultants, agents
4 and employees as may be necessary. The Board It shall define
5 their duties and require bonds of such of them as the Board
6 may designate.
7 The general manager, general attorney, chief engineer,
8 and all other officers provided for pursuant to this Section
9 shall be exempt from taking and subscribing any oath of
10 office and shall not be members of the Board.
11 The compensation of the general manager, general
12 attorney, chief engineer, and all other officers, attorneys,
13 planners, consultants, agents and employees shall be fixed by
14 the Board.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/1-23) (from Ch. 85, par. 4523)
17 Section 2-122. Rules and regulations; penalties. Sec.
18 1-23. The Board shall have power to make all rules and
19 regulations proper or necessary to carry into effect the
20 powers granted to the Authority, with such penalties as may
21 be deemed proper.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/1-24) (from Ch. 85, par. 4524)
24 Section 2-125. Contracts; award to other than highest or
25 lowest bidder by vote of 5 Board members. Sec. 1-24. All
26 contracts for the sale of property of the value of more than
27 $2,500 or for a concession in or lease of property, including
28 air rights, of the Authority for a term of more than one year
29 shall be awarded to the highest responsible bidder, after
30 advertising for bids. All construction contracts and
31 contracts for supplies, materials, equipment and services,
32 when the expense thereof will exceed $2,500, shall be let to
-436- LRB9000879DJcd
1 the lowest responsible bidder, after advertising for bids,
2 excepting (1) when repair parts, accessories, equipment or
3 services are required for equipment or services previously
4 furnished or contracted for; (2) when the nature of the
5 services required is such that competitive bidding is not in
6 the best interest of the public, including, without limiting
7 the generality of the foregoing, the services of accountants,
8 architects, attorneys, engineers, physicians, superintendents
9 of construction, and others possessing a high degree of
10 skill; and (3) when services such as water, light, heat,
11 power, telephone or telegraph are required.
12 All contracts involving less than $2,500 shall be let by
13 competitive bidding to the lowest responsible bidder whenever
14 possible, and in any event in a manner calculated to ensure
15 insure the best interests of the public. Competitive bidding
16 is not required for the lease of real estate or buildings
17 owned or controlled by the Authority. The Board is empowered
18 to offer such leases upon such terms as it deems advisable.
19 In determining the responsibility of any bidder, the
20 Board may take into account the past record of dealings with
21 the bidder, the bidder's experience, adequacy of equipment,
22 and ability to complete performance within the time set, and
23 other factors besides financial responsibility, but in no
24 case shall any such contracts be awarded to any other than
25 the highest bidder (in case of sale, concession or lease) or
26 the lowest bidder (in case of purchase or expenditure) unless
27 authorized or approved by a vote of at least 5 members of the
28 Board, and unless such action is accompanied by a statement
29 in writing setting forth the reasons for not awarding the
30 contract to the highest or lowest bidder, as the case may be,
31 which statement shall be kept on file in the principal office
32 of the Authority and open to public inspection.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
-437- LRB9000879DJcd
1 consanguinity by the terms of the civil law, are forbidden to
2 be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract, without competitive bidding, provided that it shall
10 not be less advantageous to the Authority than any valid bid
11 received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/1-25) (from Ch. 85, par. 4525)
16 Section 2-130. Bids and advertisements. Advertisements
17 Sec. 1-25. Advertisement for bids shall be published at least
18 twice in a daily newspaper of general circulation published
19 in the metropolitan area, the last publication to be at least
20 10 calendar days before the time for receiving bids, and such
21 advertisements shall also be posted on readily accessible
22 bulletin boards in the principal office of the Authority.
23 Such advertisements shall state the time and place for
24 receiving and opening of bids, and, by reference to plans and
25 specifications on file at the time of the first publication,
26 or in the advertisement itself, shall describe the character
27 of the proposed contract in sufficient detail to fully advise
28 prospective bidders of their obligations and to ensure insure
29 free and open competitive bidding.
30 All bids in response to advertisements shall be sealed
31 and shall be publicly opened by the Board, and all bidders
32 shall be entitled to be present in person or by
33 representatives. Cash or a certified or satisfactory
-438- LRB9000879DJcd
1 cashier's check, as a deposit of good faith, in a reasonable
2 amount to be fixed by the Board before advertising for bids,
3 shall be required with the proposal of each bidder. Bond for
4 faithful performance of the contract with surety or sureties
5 satisfactory to the Board and adequate insurance may be
6 required in reasonable amounts to be fixed by the Board
7 before advertising for bids.
8 The contract shall be awarded as promptly as possible
9 after the opening of bids. The bid of the successful bidder,
10 as well as the bids of the unsuccessful bidders, shall be
11 placed on file and be open to public inspection. All bids
12 shall be void if any disclosure of the terms of any bid in
13 response to an advertisement is made or permitted to be made
14 by the Board before the time fixed for opening bids.
15 * * * (nonstandard provisions contained in Section 5-30)
16 * * *
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/1-26) (from Ch. 85, par. 4526)
19 Section 2-135. Report and financial statement. Sec. 1-26.
20 As soon after the end of each fiscal year as may be
21 expedient, the Board shall cause to be prepared and printed a
22 complete and detailed report and financial statement of its
23 operations and of its assets and liabilities. A reasonably
24 sufficient number of copies of such report shall be printed
25 for distribution to persons interested, upon request and a
26 copy thereof shall be filed with the county clerk and the
27 appointing officers.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/1-27) (from Ch. 85, par. 4527)
30 Section 2-140. State financial support. Sec. 1-27. The
31 Authority Authorities created by this Article Act shall
32 receive financial support from the State in the amounts
-439- LRB9000879DJcd
1 provided for in Section 4 of the Metropolitan Civic Center
2 Support Act.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/1-28) (from Ch. 85, par. 4528)
5 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
6 is hereby expressly made the beneficiary of the provisions of
7 Section 1 of the Local Government Antitrust Exemption Act "An
8 Act to make explicit the authorization for units of local
9 government and certain other governmental bodies to act as
10 permitted by statute or the Illinois Constitution,
11 notwithstanding effects on competition", amendatory veto
12 overridden November 3, 1983, and the General Assembly intends
13 that the "State action exemption" to the application of the
14 federal antitrust anti-trust laws be fully available to the
15 Authority to the extent its activities are either (1)
16 expressly or by necessary implication authorized by this
17 Article or other Illinois law, or (2) within traditional
18 areas of local governmental activity.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/1-29) (from Ch. 85, par. 4529)
21 Section 2-150. Tax exemption. Sec. 1-29. All property of
22 the Authority shall be exempt from taxation by the State or
23 any taxing unit therein.
24 (Source: P.A. 84-245.)
25 PART 10. AURORA CIVIC CENTER
26 (70 ILCS 225/1) (from Ch. 85, par. 1401)
27 Section 10-1. Short title. Sec. 1. * * * (nonstandard
28 provisions contained in Section 10-1) * * *
29 (Source: P.A. 78-927.)
30 (70 ILCS 225/2) (from Ch. 85, par. 1402)
-440- LRB9000879DJcd
1 Section 2-5. Definitions. Sec. 2. When used In this
2 Article Act: * * *(nonstandard provisions contained in
3 Section 10-5) * * *
4 "Governmental agency" means the federal government, the
5 State, and any unit of local government or school district
6 governmental body, and any agency or instrumentality,
7 corporate or otherwise, thereof.
8 "Person" means any individual, firm, partnership,
9 corporation, both domestic and foreign, company, association
10 or joint stock joint-stock association; and includes any
11 trustee, receiver, assignee or personal representative
12 thereof.
13 * * * (nonstandard provisions contained in Section 10-5)
14 * * *
15 (Source: P.A. 83-1456.)
16 (70 ILCS 225/3) (from Ch. 85, par. 1403)
17 Section 2-10. Lawsuits; common seal. Sec. 3. * *
18 *(nonstandard provisions contained in Section 10-10) * * *
19 (a) The Authority may sue and be sued in its corporate
20 name but execution shall not in any case issue against any
21 property of the Authority.
22 (b) The Authority It may adopt a common seal and change
23 the same at its pleasure. * * *(nonstandard provisions
24 contained in Section 10-10) * * *
25 (Source: P.A. 78-927.)
26 (70 ILCS 225/4) (from Ch. 85, par. 1404)
27 Section 2-16. Duties; auditorium and other buildings;
28 lease of space. Sec. 4. It shall be the duty of the Authority
29 to promote, operate and maintain expositions, conventions,
30 and theatrical, sports and cultural activities from time to
31 time in the metropolitan area and in connection therewith to
32 arrange, finance and maintain industrial, cultural,
-441- LRB9000879DJcd
1 educational, theatrical, sports, trade and scientific
2 exhibits and to construct, equip and maintain auditorium,
3 exposition and office buildings for such purposes.
4 The provision of office space for rental and lease and
5 the lease of air space over and appurtenant to such
6 structures shall be deemed an integral function of the
7 Authority.
8 The Authority is granted all rights and powers necessary
9 to perform such duties.
10 (Source: P.A. 78-927.)
11 (70 ILCS 225/5) (from Ch. 85, par. 1405)
12 Section 10-15. Rights and powers. Sec. 5.* * *
13 (nonstandard provisions contained in Section 10-15) * * *
14 (Source: P.A. 83-1456.)
15 (70 ILCS 225/6) (from Ch. 85, par. 1406)
16 Section 2-25. Incurring obligations. Sec. 6. The
17 Authority shall not incur any obligations for salaries or
18 for, office or administrative expenses except within the
19 amounts of funds that which will be available to it when such
20 obligations become payable.
21 (Source: P.A. 78-927.)
22 (70 ILCS 225/6.1) (from Ch. 85, par. 1406.1)
23 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
24 under pursuant to this Article Act shall be made in
25 compliance with the Local "Local Government Prompt Payment
26 Act", approved by the Eighty-fourth General Assembly.
27 (Source: P.A. 84-731.)
28 (70 ILCS 225/7) (from Ch. 85, par. 1407)
29 Section 2-35. Acquisition of property from person,
30 State, or local agency. Sec. 7. The Authority shall have the
-442- LRB9000879DJcd
1 power (i) to acquire and accept by purchase, lease, gift or
2 otherwise any property or rights useful for the Authority's
3 purposes from any person or persons, from any municipal
4 corporation, body politic, or agency of the State, or from
5 the State itself, (ii) useful for its purposes, and to apply
6 for and accept grants, matching grants, loans or
7 appropriations from the State of Illinois or any agency or
8 instrumentality thereof to be used for any of the purposes of
9 the Authority, and (iii) to enter into any agreement with the
10 State of Illinois in relation to such grants, matching
11 grants, loans or appropriations.
12 (Source: P.A. 78-927.)
13 (70 ILCS 225/8) (from Ch. 85, par. 1408)
14 Section 2-40. Federal money. Sec. 8. The Authority shall
15 have the power (i) to apply for and accept grants, matching
16 grants, loans or appropriations from the federal government
17 or any agency or instrumentality thereof to be used for any
18 of the purposes of the Authority and (ii) to enter into any
19 agreement with the federal government in relation to such
20 grants, matching grants, loans or appropriations.
21 (Source: P.A. 78-927.)
22 (70 ILCS 225/9) (from Ch. 85, par. 1409)
23 Section 2-45. Insurance. Sec. 9. The Authority shall have
24 the power to procure and enter into contracts for any type of
25 insurance and indemnity against loss or damage to property
26 from any cause, against loss of use and occupancy, against
27 employers' liability, against any act of any member, officer,
28 or employee of the Board or of Authority in the performance
29 of the duties of the his office or employment, and against or any other insurable risk.
31 (Source: P.A. 78-927.)
-443- LRB9000879DJcd
1 (70 ILCS 225/10)
2 Section 10-16. Borrowing; revenue bonds; interest
3 payable semi-annually; bond sale price; effect of Omnibus
4 Bond Acts. Sec. 10. * * * (nonstandard provisions contained
5 in Section 10-16) * * *
6 (Source: P.A. 86-4.)
7 (70 ILCS 225/11) (from Ch. 85, par. 1411)
8 Section 2-55. Bonds; nature of indebtedness. Sec. 11.
9 Under no circumstances shall any bonds issued by the
10 Authority be or become an indebtedness or obligation of the
11 State of Illinois or of any other political subdivision of or
12 municipality within the State, nor shall any such bond or
13 obligation be or become an indebtedness of the Authority
14 within the purview of any constitutional limitation or
15 provision, and it shall be plainly stated on the face of each
16 such bond that it does not constitute such an indebtedness or
17 obligation but is payable solely from the revenues or income
18 as provided in this Article aforesaid.
19 (Source: P.A. 78-927.)
20 (70 ILCS 225/12) (from Ch. 85, par. 1412)
21 Section 2-60. Investment in bonds. Sec. 12. The State and
22 all counties, cities, villages, incorporated towns and other
23 municipal corporations, political subdivisions and public
24 bodies, and public officers of any thereof;, all banks,
25 bankers, trust companies, savings banks and institutions,
26 building and loan associations, savings and loan
27 associations, investment companies and other persons carrying
28 on an insurance business; and all executors, administrators,
29 guardians, trustees and other fiduciaries may legally invest
30 any sinking funds, moneys or other funds belonging to them or
31 within their control in any bonds issued pursuant to this
32 Article Act, it if being the purpose of this Section to
-444- LRB9000879DJcd
1 authorize the investment in such bonds of all sinking,
2 insurance, retirement, compensation, pension and trust funds,
3 whether owned or controlled by private or public persons or
4 officers; provided, however, that nothing contained in this
5 Section may be construed as relieving any person from any
6 duty of exercising reasonable care in selecting securities
7 for investment.
8 (Source: P.A. 78-927.)
9 (70 ILCS 225/13) (from Ch. 85, par. 1413)
10 Section 10-17. Bonds other than revenue bonds. Sec. 13. *
11 * *(nonstandard provisions contained in Section 10-17)* * *
12 (Source: P.A. 81-1489.)
13 (70 ILCS 225/14) (from Ch. 85, par. 1414)
14 Section 10-18. Tax. Sec. 14. * * *(nonstandard provisions
15 contained in Section 10-18)* * *
16 (Source: P.A. 81-1509.)
17 (70 ILCS 225/15) (from Ch. 85, par. 1415)
18 Section 2-76. Board members; financial matters;
19 compensation for secretary or treasurer; conflict of
20 interest. Sec. 15. * * * (nonstandard provisions contained in
21 Section 10-20)* * * The members of the board They shall serve
22 without compensation, but shall be reimbursed for actual
23 expenses incurred by them in the performance of their duties.
24 However, any member of the board who is appointed to the
25 office of secretary or treasurer may receive compensation for
26 his or her services as such officer.
27 No member of the board or employee of the Authority shall
28 have any private financial interest, profit or benefit in any
29 contract, work or business of the Authority or nor in the
30 sale or lease of any property to or from the Authority.
31 (Source: P.A. 78-927.)
-445- LRB9000879DJcd
1 (70 ILCS 225/16) (from Ch. 85, par. 1416)
2 Section 2-80. Board members' oath. Sec. 16. * *
3 *(nonstandard provisions contained in Section 10-25)* * *
4 Within 30 days after certification of his appointment, and
5 before entering upon the duties of his office, each member of
6 the Board shall take and subscribe the constitutional oath of
7 office and file it in the office of the Secretary of State.
8 (Source: P.A. 78-927.)
9 (70 ILCS 225/17) (from Ch. 85, par. 1417)
10 Section 2-85. Board members; vacancy in office. Sec. 17.
11 Members of the board shall hold office until their respective
12 successors have been appointed and qualified. Any member may
13 resign from his office; the resignation takes to take effect
14 when the member's his successor has been appointed and has
15 qualified.
16 Section 2-83. Removal of Board member from office. The
17 appointing officer may remove any member of the Board
18 appointed by the officer him, in case of incompetency,
19 neglect of duty, or malfeasance in office, after service on
20 the member him, by registered United States mail, return
21 requested, of a copy of the written charges against the
22 member him and an opportunity to be publicly heard in person
23 or by counsel in the member's his own defense upon not less
24 than 10 days' notice.
25 (Section 2-85, resumed)
26 In case of failure to qualify within the time required,
27 or of abandonment of his office, or in case of death,
28 conviction of a felony or removal from office, a member's his
29 office shall become vacant. Each vacancy shall be filled for
30 the unexpired term by appointment in like manner, as in the
31 case of expiration of the term of a member of the Board.
32 (Source: P.A. 78-927.)
-446- LRB9000879DJcd
1 (70 ILCS 225/18) (from Ch. 85, par. 1418)
2 Section 2-90. Organization of the Board. Sec. 18. As soon
3 as practicably possible after the appointment of the initial
4 members, the Board shall organize for the transaction of
5 business, select a chairman and a temporary secretary from
6 its own number, and adopt by-laws and regulations to govern
7 its proceedings. The initial chairman and his successors
8 shall be elected by the Board from time to time for the term
9 of the chairman's his office as a member of the Board or for
10 the term of 3 years, whichever is shorter.
11 (Source: P.A. 78-927.)
12 (70 ILCS 225/19) (from Ch. 85, par. 1419)
13 Section 2-97. Board meetings; public records. Sec. 19.
14 Regular meetings of the Board shall be held at least once in
15 each calendar month, the time and place of such meetings to
16 be fixed by the Board. * * *(nonstandard provisions contained
17 in Section 10-30)* * *
18 All ordinances, resolutions and all proceedings of the
19 Authority and all documents and records in its possession
20 shall be public records, and open to public inspection,
21 except such documents and records as shall be kept or
22 prepared by the Board for use in negotiations, actions or
23 proceedings to which the Authority is a party.
24 (Source: P.A. 78-927.)
25 (70 ILCS 225/20) (from Ch. 85, par. 1420)
26 Section 2-101. Secretary; treasurer; funds deposited in
27 bank or savings and loan association. Sec. 20. The Board
28 shall appoint a secretary and a treasurer, who need not be
29 members of the Board, to hold office during the pleasure of
30 the Board, and shall fix their duties and compensation.
31 Before entering upon the its duties of their respective
32 offices they shall take and subscribe the constitutional oath
-447- LRB9000879DJcd
1 of office, and the treasurer shall execute a bond with
2 corporate sureties to be approved by the Board. The bond
3 shall be payable to the Authority in whatever penal sum may
4 be directed upon the faithful performance of the duties of
5 the office and the payment of all money received by the
6 treasurer him according to law and the orders of the Board.
7 The Board may, at any time, require a new bond from the
8 treasurer in such penal sum as may then be determined by the
9 Board. The obligation of the sureties shall not extend to any
10 loss sustained by the insolvency, failure or closing of any
11 savings and loan association or national or State bank
12 wherein the treasurer has deposited funds if the bank or
13 savings and loan association has been approved by the Board
14 as a depository for those these funds. The oaths of office
15 and the treasurer's bond shall be filed in the principal
16 office of the Authority.
17 (Source: P.A. 83-541.)
18 (70 ILCS 225/21) (from Ch. 85, par. 1421)
19 Section 2-106. Funds; compliance with Public Funds
20 Investment Act. Sec. 21. All funds deposited by the treasurer
21 in any bank or savings and loan association shall be placed
22 in the name of the Authority and shall be withdrawn or paid
23 out only by check or draft upon the bank or savings and loan
24 association, signed by the treasurer and countersigned by the
25 chairman of the Board. The Board may designate any of its
26 members or any officer or employee of the Authority to affix
27 the signature of the chairman and another to affix the
28 signature of the treasurer to any check or draft for payment
29 of salaries or wages and for payment of any other obligation
30 of not more than $2,500.
31 No bank or savings and loan association shall receive
32 public funds as permitted by this Section, unless it has
33 complied with the requirements established pursuant to
-448- LRB9000879DJcd
1 Section 6 of The Public Funds Investment Act "An Act relating
2 to certain investments of public funds by public agencies",
3 approved July 23, 1943, as now or hereafter amended.
4 (Source: P.A. 83-541.)
5 (70 ILCS 225/22) (from Ch. 85, par. 1422)
6 Section 2-110. Signatures on checks or drafts. Sec. 22.
7 In case any officer whose signature appears upon any check or
8 draft, issued pursuant to this Article Act, ceases (after
9 attaching his signature) to hold his office after attaching
10 his or her signature and before the delivery of the check or
11 draft thereof to the payee, that his signature nevertheless
12 shall be valid and sufficient for all purposes with the same
13 effect as if the officer he had remained in office until
14 delivery thereof.
15 (Source: P.A. 78-927.)
16 (70 ILCS 225/23) (from Ch. 85, par. 1423)
17 Section 2-115. General manager; other appointments. Sec.
18 23. The Board may appoint a general manager who shall be a
19 person of recognized ability and business experience, to hold
20 office during the pleasure of the Board. The general manager
21 shall have management of the properties and business of the
22 Authority and of the employees thereof subject to the general
23 control of the Board, shall direct the enforcement of all
24 ordinances, resolutions, rules and regulations of the Board,
25 and shall perform such other duties as may be prescribed from
26 time to time by the Board.
27 The Board may appoint a general attorney and a chief
28 engineer and shall provide for the appointment of such other
29 officers, attorneys, engineers, planners, consultants, agents
30 and employees as may be necessary. The Board It shall define
31 their duties and require bonds of such of them as the Board
32 may designate.
-449- LRB9000879DJcd
1 The general manager, general attorney, chief engineer,
2 and all other officers provided for pursuant to this Section
3 shall be exempt from taking and subscribing any oath of
4 office and shall not be members of the Board.
5 The compensation of the general manager, general
6 attorney, chief engineer, and all other officers, attorneys,
7 planners, consultants, agents and employees shall be fixed by
8 the Board.
9 (Source: P.A. 81-257.)
10 (70 ILCS 225/24) (from Ch. 85, par. 1424)
11 Section 2-120. Ordinances, rules, and regulations; fines
12 and penalties. Sec. 24. The Board shall have power to pass
13 all ordinances and make all rules and regulations proper or
14 necessary to carry into effect the powers granted to the
15 Authority, with such fines or penalties as may be deemed
16 proper. All fines and penalties shall be imposed by
17 ordinance, which shall be published in a newspaper of general
18 circulation published in the metropolitan area embraced by
19 the Authority. No such ordinance imposing a fine or penalty
20 shall take effect until 10 days after its publication.
21 (Source: P.A. 78-927.)
22 (70 ILCS 225/25) (from Ch. 85, par. 1425)
23 Section 2-127. Contracts; award to other than highest or
24 lowest bidder by four-fifths vote. Sec. 25. All contracts for
25 sale of property of the value of more than $2500, or for a
26 concession in or lease of property, including air rights, of
27 the Authority for a term of more than one year, shall be
28 awarded to the highest responsible bidder, after advertising
29 for bids. All construction contracts and contracts for
30 supplies, materials, equipment and services, when the expense
31 thereof will exceed $2500, shall be let to the lowest
32 responsible bidder, after advertising for bids, except:
-450- LRB9000879DJcd
1 excepting (1) when repair parts, accessories, equipment or
2 services are required for equipment or services previously
3 furnished or contracted for; (2) when the nature of the
4 services required is such that competitive bidding is not in
5 the best interest of the public, including, without limiting
6 the generality of the foregoing, the services of accountants,
7 architects, attorneys, engineers, physicians, superintendents
8 of construction, and others possessing a high degree of
9 skill; and (3) when services such as water, light, heat,
10 power, telephone or telegraph are required.
11 All contracts involving less than $2500 shall be let by
12 competitive bidding to the lowest responsible bidder whenever
13 possible, and in any event in a manner calculated to ensure
14 insure the best interests of the public.
15 * * * (nonstandard provisions contained in Section 10-35)
16 * * *
17 In determining the responsibility of any bidder, the
18 Board may take into in account the past record of dealings
19 with the bidder, the bidder's experience, adequacy of
20 equipment, and ability to complete performance within the
21 time set, and other factors besides financial responsibility,
22 but in no case shall any such contract contracts be awarded
23 to any other than the highest bidder (in case of sale,
24 concession or lease) or the lowest bidder (in case of
25 purchase or expenditure) unless authorized or approved by a
26 vote of at least 4/5 of the members of the Board, and unless
27 such action is accompanied by a statement in writing setting
28 forth the reasons for not awarding the contract to the
29 highest or lowest bidder, as the case may be, which statement
30 shall be kept on file in the principal office of the
31 Authority and open to public inspection.
32 Members of the Board, officers and employees of the
33 Authority, and their relatives within the fourth degree of
34 consanguinity by the terms of the civil law, are forbidden to
-451- LRB9000879DJcd
1 be interested directly or indirectly in any contract for
2 construction or maintenance work or for the delivery of
3 materials, supplies or equipment.
4 The Board shall have the right to reject all bids and to
5 readvertise for bids. If after any such advertisement no
6 responsible and satisfactory bid, within the terms of the
7 advertisement, shall be received, the Board may award such
8 contract, without competitive bidding, provided that it shall
9 not be less advantageous to the Authority than any valid bid
10 received pursuant to advertisement.
11 The Board shall adopt rules and regulations to carry into
12 effect the provisions of this Section.
13 (Source: P.A. 82-786.)
14 (70 ILCS 225/26) (from Ch. 85, par. 1426)
15 Section 2-130. Bids and advertisements. Sec. 26.
16 Advertisements for bids shall be published at least twice in
17 a daily newspaper of general circulation published in the
18 metropolitan area, the last publication to be at least 10
19 calendar days before the time for receiving bids, and such
20 advertisements shall also be posted on readily accessible
21 bulletin boards in the principal office of the Authority.
22 Such advertisements shall state the time and place for
23 receiving and opening of bids, and, by reference to plans and
24 specifications on file at the time of the first publication,
25 or in the advertisement itself, shall describe the character
26 of the proposed contract in sufficient detail to fully advise
27 prospective bidders of their obligations and to ensure insure
28 free and open competitive bidding.
29 All bids in response to advertisements shall be sealed
30 and shall be publicly opened by the Board, and all bidders
31 shall be entitled to be present in person or by
32 representatives. Cash or a certified or satisfactory
33 cashier's check, as a deposit of good faith, in a reasonable
-452- LRB9000879DJcd
1 amount to be fixed by the Board before advertising for bids,
2 shall be required with the proposal of each bidder. Bond for
3 faithful performance of the contract with surety or sureties
4 satisfactory to the Board and adequate insurance may be
5 required in reasonable amounts to be fixed by the Board
6 before advertising for bids.
7 The contract shall be awarded as promptly as possible
8 after the opening of bids. The bid of the successful bidder,
9 as well as the bids of the unsuccessful bidders, shall be
10 placed on file and be open to public inspection. All bids
11 shall be void if any disclosure of the terms of any bid in
12 response to an advertisement is made or permitted to be made
13 by the Board before the time fixed for opening bids.
14 (Source: P.A. 78-927.)
15 (70 ILCS 225/26a) (from Ch. 85, par. 1426a)
16 Section 2-150. Tax exemption. Sec. 26a. Exemption from
17 taxation. All property of the Aurora Civic Center Authority
18 shall be exempt from taxation by the State or any taxing unit
19 therein.
20 (Source: P.A. 83-893.)
21 (70 ILCS 225/26b) (from Ch. 85, par. 1426b)
22 Section 2-145. Antitrust laws. Sec. 26b. The Authority
23 is hereby expressly made the beneficiary of the provisions of
24 Section 1 of the Local Government Antitrust Exemption Act "An
25 Act to make explicit the authorization for units of local
26 government and certain other governmental bodies to act as
27 permitted by statute or the Illinois Constitution,
28 notwithstanding effects on competition", amendatory veto
29 overridden November 3, 1983, and the General Assembly intends
30 that the "State action exemption" to the application of the
31 federal antitrust anti-trust laws be fully available to the
32 Authority to the extent its activities are either (1)
-453- LRB9000879DJcd
1 expressly or by necessary implication authorized by this
2 Article Act or other Illinois law, or (2) within traditional
3 areas of local governmental activity.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 225/26c) (from Ch. 85, par. 1426c)
6 Section 2-140. State financial support. Sec. 26c. The
7 Authority created by this Article Act shall receive financial
8 support from the State in the amounts provided for in Section
9 4 of the Metropolitan Civic Center Support Act.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 225/27) (from Ch. 85, par. 1427)
12 Section 2-135. Report and financial statement. Sec. 27.
13 As soon after the end of each fiscal year as may be
14 expedient, the Board shall cause to be prepared and printed a
15 complete and detailed report and financial statement of its
16 operations and of its assets and liabilities. A reasonably
17 sufficient number of copies of such report shall be printed
18 for distribution to persons interested, upon request and a
19 copy thereof shall be filed with the county clerk and the
20 appointing officers as provided in Sec 16.
21 (Source: P.A. 78-927.)
22 (70 ILCS 225/28) (from Ch. 85, par. 1428)
23 Section 2-155. Partial invalidity. Sec. 28. If any
24 provision of this Article Act is held invalid such provision
25 shall be deemed to be excised from this Article Act and the
26 invalidity thereof shall not affect any of the other
27 provisions of this Article Act. If the application of any
28 provision of this Article Act to any person or circumstance
29 is held invalid it shall not affect the application of such
30 provision to such persons or circumstances other than those
31 as to which it is held invalid.
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1 (Source: P.A. 78-927.)
2 PART 15. BENTON CIVIC CENTER
3 (70 ILCS 230/1-1) (from Ch. 85, par. 6601)
4 Section 2-3. Purpose. Sec. 1-1. The purpose of this
5 Article is to accomplish the aims of the State of Illinois to
6 enhance the ability of its citizens to avail themselves of
7 civic and cultural centers geographically situated throughout
8 the entire State of Illinois.
9 (Source: P.A. 85-1314.)
10 (70 ILCS 230/1-2) (from Ch. 85, par. 6602)
11 Section 15-1. Short title. Sec. 1-2. * * * (nonstandard
12 provisions contained in Section 15-1) * * *
13 (Source: P.A. 85-1314.)
14 (70 ILCS 230/1-3) (from Ch. 85, par. 6603)
15 Section 2-5. Definitions. Sec. 1-3. When used In this
16 Article:
17 * * * (nonstandard provisions contained in Section 15-5)
18 * * *
19 "Governmental agency" means the federal government, the
20 State, and any unit of local government or school district
21 governmental body, and any agency or instrumentality,
22 corporate or otherwise, thereof.
23 "Person" means any individual, firm, partnership,
24 corporation, both domestic and foreign, company, association
25 or joint stock association; and includes any trustee,
26 receiver, assignee or personal representative thereof.
27 * * * (nonstandard provisions contained in Section 15-5)
28 * * *
29 (Source: P.A. 85-1314.)
30 (70 ILCS 230/1-4) (from Ch. 85, par. 6604)
-455- LRB9000879DJcd
1 Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
2 (nonstandard provisions contained in Section 15-10) * * *
3 (a) The Authority may sue and be sued in its corporate
4 name, but execution shall not in any case issue against any
5 property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * * (nonstandard provisions
8 contained in Section 15-10) * * *
9 (Source: P.A. 85-1314.)
10 (70 ILCS 230/1-5) (from Ch. 85, par. 6605)
11 Section 2-15. Duties; auditorium, recreational, and
12 other buildings; lease of space. Sec. 1-5. It shall be the
13 duty of the Authority to promote, operate and maintain
14 expositions, conventions, and theatrical, sports and cultural
15 activities from time to time in the metropolitan area and in
16 connection therewith to arrange, finance and maintain
17 industrial, cultural, educational, theatrical, sports, trade
18 and scientific exhibits and to construct, equip and maintain
19 auditorium, exposition, recreational and office buildings for
20 such purposes.
21 The provision of office space for lease and rental and
22 the lease of air space over and appurtenant to such
23 structures shall be deemed an integral function of the
24 Authority.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 (Source: P.A. 85-1314.)
28 (70 ILCS 230/1-6) (from Ch. 85, par. 6606)
29 Section 2-20. Rights and powers, including eminent
30 domain. Sec. 1-6. The Authority shall have the following
31 rights and powers duties:
32 (a) To acquire, purchase, own, construct, lease as
-456- LRB9000879DJcd
1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain exhibition
3 centers, civic auditoriums, cultural facilities and office
4 buildings, including sites and parking areas and commercial
5 facilities therefor located within the metropolitan area;
6 (b) To plan for such grounds, centers and auditoriums
7 and to plan, sponsor, hold, arrange and finance fairs,
8 industrial, cultural, educational education, trade and
9 scientific exhibits, shows and events and to use or allow the
10 use of such grounds, centers, and auditoriums for the holding
11 of fairs, exhibits, shows and events whether conducted by the
12 Authority or some other person or governmental agency;
13 (c) To exercise the right of eminent domain to acquire
14 sites for such grounds, centers, buildings and auditoriums,
15 and parking areas and facilities in the manner provided for
16 the exercise of the right of eminent domain under Article VII
17 of the Code of Civil Procedure, as now or hereafter amended;
18 (d) To fix and collect just, reasonable and
19 nondiscriminatory charges and rents for the use of such
20 parking areas and facilities, grounds, centers, buildings and
21 auditoriums and admission charges to fairs, shows, exhibits
22 and events sponsored or held by the Authority. The charges
23 collected may be made available to defray the reasonable
24 expenses of the Authority and to pay the principal of, and
25 the interest on, any bonds issued by the Authority;
26 (e) To enter into contracts treating in any manner with
27 the objects and purposes of this Article.
28 (Source: P.A. 85-1314.)
29 (70 ILCS 230/1-7) (from Ch. 85, par. 6607)
30 Section 2-25. Incurring obligations. Sec. 1-7. The
31 Authority shall not incur any obligations for salaries or
32 for, office or administrative expenses except within the
33 amounts of funds that which will be available to it when such
-457- LRB9000879DJcd
1 obligations become payable.
2 (Source: P.A. 85-1314.)
3 (70 ILCS 230/1-8) (from Ch. 85, par. 6608)
4 Section 2-35. Acquisition of property from person,
5 State, or local agency. Sec. 1-8. The Authority shall have
6 power (i) to acquire and accept by purchase, lease, gift or
7 otherwise any property or rights useful for the Authority's
8 purposes from any person or persons, from any municipal
9 corporation, body politic, or agency of the State, or from
10 the State itself, (ii) useful for its purposes, and to apply
11 for and accept grants, matching grants, loans or
12 appropriations from the State of Illinois or any agency or
13 instrumentality thereof to be used for any of the purposes of
14 the Authority, and (iii) to enter into any agreement with the
15 State of Illinois in relation to such grants, matching
16 grants, loans or appropriations.
17 (Source: P.A. 85-1314.)
18 (70 ILCS 230/1-9) (from Ch. 85, par. 6609)
19 Section 2-40. Federal money. Sec. 1-9. The Authority
20 shall have the power (i) to apply for and accept grants,
21 matching grants, loans or appropriations from the federal
22 government or any agency or instrumentality thereof to be
23 used for any of the purposes of the Authority and (ii) to
24 enter into any agreement with the federal government in
25 relation to such grants, matching grants, loans or
26 appropriations.
27 (Source: P.A. 85-1314.)
28 (70 ILCS 230/1-10) (from Ch. 85, par. 6610)
29 Section 2-45. Insurance. Sec. 1-10. The Authority shall
30 have the power to procure and enter into contracts for any
31 type of insurance and indemnity against loss or damage to
-458- LRB9000879DJcd
1 property from any cause, against loss of use and occupancy,
2 against employers' liability, against any act of any member,
3 officer, or employee of the Board or Authority in the
4 performance of the duties of the his or her office or
5 employment, and against or any other insurable risk.
6 (Source: P.A. 85-1314.)
7 (70 ILCS 230/1-11) (from Ch. 85, par. 6611)
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance. Sec. 1-11. The Authority shall have continuing
10 power to borrow money for the purpose of carrying out and
11 performing its duties and exercising its powers under this
12 Article.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to an ordinance adopted by the Board,
16 from time to time issue and dispose of its interest bearing
17 revenue bonds, and may also from time to time issue and
18 dispose of its interest bearing revenue bonds to refund any
19 bonds at maturity or pursuant to redemption provisions or at
20 any time before maturity with the consent of the holders
21 thereof. All such bonds shall be payable solely from the
22 revenues or income to be derived from the fairs, expositions,
23 exhibitions, rentals and leases and other authorized
24 activities operated by it, and from funds, if any, received
25 and to be received by the Authority from any other source.
26 Such bonds may bear such date or dates, may mature at such
27 time or times not exceeding 40 years from their respective
28 dates, may bear interest at such rate or rates, not exceeding
29 the maximum rate permitted by the Bond Authorization Act "An
30 Act to authorize public corporations to issue bonds, other
31 evidences or indebtedness and tax anticipation warrants
32 subject to interest rate limitations set forth therein",
33 approved May 26, 1970, as now or hereafter amended, may be in
-459- LRB9000879DJcd
1 such form, may carry such registration privileges, may be
2 executed in such manner, may be payable at such place or
3 places, may be made subject to redemption in such manner and
4 upon such terms, with or without premium as is stated on the
5 face thereof, may be executed in such manner, and may contain
6 such terms and covenants, all as may be provided in said
7 ordinance. In case any officer whose signature appears on
8 any bond ceases (after attaching his or her signature) to
9 hold office, his or her signature shall nevertheless be valid
10 and effective for all purposes. The holder or holders of any
11 bonds, or interest coupons appertaining thereto issued by the
12 Authority may bring suits at law or proceedings in equity to
13 compel the performance and observance by the Authority or any
14 of its officers, agents or employees of or any contract or
15 covenant made by the Authority with the holders of such bonds
16 or interest coupons, and to compel the Authority or and any
17 of its officers, agents or employees to perform any duties
18 required to be performed for the benefit of the holders of
19 any such bonds or interest coupons by the provisions of the
20 ordinance authorizing their issuance, and to enjoin the
21 Authority and any of its officers, agents or employees from
22 taking any action in conflict with any such contract or
23 covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face fact
26 thereof that it is non-negotiable, all such bonds shall be
27 negotiable instruments under the Uniform Commercial Code.
28 From and after the issuance of any bonds as herein
29 provided it shall be the duty of the corporate authorities of
30 the Authority to fix and establish rates, charges, rents, and
31 fees for the use of facilities acquired, constructed,
32 reconstructed, extended or improved with the proceeds of the
33 sale of said bonds sufficient at all times, with other
34 revenues of the Authority to pay:
-460- LRB9000879DJcd
1 (a) the cost of maintaining, repairing, regulating and
2 operating the said facilities; and
3 (b) the bonds and interest thereon as they shall become
4 due, and all sinking fund requirements and other requirements
5 provided by the ordinance authorizing the issuance of the
6 bonds or as provided by any trust agreement executed to
7 secure payment thereof.
8 To secure the payment of any or all of such bonds and for
9 the purpose of setting forth the covenants and undertakings
10 of the Authority in connection with the issuance thereof and
11 the issuance of any additional bonds payable from such
12 revenue income to be derived from the fairs, recreational,
13 theatrical, and cultural, expositions, sports activities,
14 exhibitions, office rentals, and air space leases and
15 rentals, and from other revenue, if any, the Authority may
16 execute and deliver a trust agreement or agreements; provided
17 that no lien upon any physical property of the Authority
18 shall be created thereby.
19 A remedy for any breach or default of the terms of any
20 such trust agreement by the Authority may be by mandamus
21 proceedings in any court of competent jurisdiction to compel
22 performance and compliance therewith, but the trust agreement
23 may prescribe by whom or on whose behalf such action may be
24 instituted.
25 Before any such bonds (excepting refunding bonds) are
26 sold, the entire authorized issue, or any part thereof, shall
27 be offered for sale as a unit after advertising for bids at
28 least 3 times in a daily newspaper of general circulation
29 published in the metropolitan area, the last publication to
30 be at least 10 days before bids are required to be filed.
31 Copies of such advertisement may be published in any
32 newspaper or financial publication in the United States. All
33 bids shall be sealed, filed and opened as provided by
34 ordinance and the bonds shall be awarded to the highest and
-461- LRB9000879DJcd
1 best bidder or bidders therefor. The Authority shall have
2 the right to reject all bids and to readvertise for bids in
3 the manner provided for in the initial advertisement.
4 However, if no bids are received, such bonds may be sold at
5 not less than par value, without further advertising, within
6 60 days after the bids are required to be filed pursuant to
7 any advertisement.
8 (Source: P.A. 85-1314.)
9 (70 ILCS 230/1-12) (from Ch. 85, par. 6612)
10 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
11 Under no circumstances shall any bonds issued by the
12 Authority be or become an indebtedness or obligation of the
13 State of Illinois or of any political subdivision of or
14 municipality within the State, nor shall any such bond or
15 obligation be or become an indebtedness of the Authority
16 within the purview of any constitutional limitation or
17 provision, and it shall be plainly stated on the face of each
18 such bond that it does not constitute such an indebtedness or
19 obligation but is payable solely from the revenues or income
20 as provided in this Article aforesaid.
21 (Source: P.A. 85-1314.)
22 (70 ILCS 230/1-13) (from Ch. 85, par. 6613)
23 Section 2-60. Investment in bonds. Sec. 1-13. The State
24 and all counties, cities, villages, incorporated towns and
25 other municipal corporations, political subdivisions and
26 public bodies, and public officers of any thereof; , all
27 banks, bankers, trust companies, savings banks and
28 institutions, building and loan associations, savings and
29 loan associations, investment companies, and other persons
30 carrying on an insurance business; and all executors,
31 administrators, guardians, trustees and other fiduciaries may
32 legally invest any sinking funds, moneys or other funds
-462- LRB9000879DJcd
1 belonging to them or within their control in any bonds issued
2 pursuant to this Article, it being the purpose of this
3 Section to authorize the investment in such bonds of all
4 sinking, insurance, retirement, compensation, pension and
5 trust funds, whether owned or controlled by private or public
6 persons or officers; provided, however, that nothing
7 contained in this Section may be construed as relieving any
8 person from any duty of exercising reasonable care in
9 selecting securities for investment.
10 (Source: P.A. 85-1314.)
11 (70 ILCS 230/1-14) (from Ch. 85, par. 6614)
12 Section 2-75. Board members; financial matters; conflict
13 of interest. Sec. 1-14. * * * (nonstandard provisions
14 contained in Section 15-15) * * * The members of the Board
15 shall serve without compensation, but shall be reimbursed for
16 actual expenses incurred by them in the performance of their
17 duties.
18 No member of the Board or employee of the Authority shall
19 have any private financial interest, profit or benefit in any
20 contract, work or business of the Authority or nor in the
21 sale or lease of any property to or from the Authority.
22 (Source: P.A. 85-1314.)
23 (70 ILCS 230/1-15) (from Ch. 85, par. 6615)
24 Section 2-80. Board members' oath. Sec. 1-15. * * *
25 (nonstandard provisions contained in Section 15-20) * * *
26 Within 30 days after certification of his or her appointment,
27 and before entering upon the duties of his or her office,
28 each member of the Board shall take and subscribe the
29 constitutional oath of office and file it in the office of
30 the Secretary of State.
31 (Source: P.A. 85-1314.)
-463- LRB9000879DJcd
1 (70 ILCS 230/1-16) (from Ch. 85, par. 6616)
2 Section 2-85. Board members; vacancy in office. Sec.
3 1-16. Members of the Board shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member may resign from office; the resignation takes to take
6 effect when the member's his or her successor has been
7 appointed and has qualified. * * * (nonstandard provisions
8 contained in Section 15-25) * * *
9 In case of failure to qualify within the time required,
10 or of abandonment of office, or in case of death, conviction
11 of a felony or removal from office, a member's office shall
12 become vacant. Each vacancy shall be filled for the
13 unexpired term by appointment in like manner, as in case of
14 expiration of the term of a member of the Board.
15 (Source: P.A. 85-1314.)
16 (70 ILCS 230/1-17) (from Ch. 85, par. 6617)
17 Section 2-90. Organization of the Board. Sec. 1-17. As
18 soon as practicably possible after the appointment of the
19 initial members, the Board shall organize for the transaction
20 of business, select a chairman chairperson and a temporary
21 secretary from its own number, and adopt by-laws and
22 regulations to govern its proceedings. The initial chairman
23 chairperson and his or her successors shall be elected by the
24 Board from time to time for the term of the chairman's his or
25 her office as a member of the Board or for the term of 3
26 years, whichever is shorter.
27 (Source: P.A. 85-1314.)
28 (70 ILCS 230/1-18) (from Ch. 85, par. 6618)
29 Section 2-95. Meetings; action by 5 Board members. Sec.
30 1-18. Regular meetings of the Board shall be held at least
31 once in each calendar month, the time and place of such
32 meetings to be fixed by the Board.
-464- LRB9000879DJcd
1 Five members of the Board shall constitute a quorum for
2 the transaction of business. All actions of the Board shall
3 be by ordinance or resolution and the affirmative vote of at
4 least 5 members shall be necessary for the adoption of any
5 ordinance or resolution.
6 All ordinances, resolutions and all proceedings of the
7 Authority and all documents and records in its possession
8 shall be public records, and open to public inspection,
9 except such documents and records as shall be kept or
10 prepared by the Board for use in negotiations, actions action
11 or proceedings to which the Authority is a party.
12 (Source: P.A. 86-1314.)
13 (70 ILCS 230/1-19) (from Ch. 85, par. 6619)
14 Section 2-100. Secretary; treasurer. Sec. 1-19. The
15 Board shall appoint a secretary and a treasurer, who need not
16 be members of the Board, to hold office during the pleasure
17 of the Board, and shall fix their duties and compensation.
18 Before entering upon the duties of their respective offices,
19 they shall take and subscribe the constitutional oath of
20 office, and the treasurer shall execute a bond with corporate
21 sureties to be approved by the Board. The bond shall be
22 payable to the Authority in whatever penal sum may be
23 directed upon the faithful performance of the duties of the
24 office and the payment of all money received by the treasurer
25 him or her according to law and the orders of the Board. The
26 Board may, at any time, require a new bond from the treasurer
27 in a such penal sum as may then be determined by the Board.
28 The obligation of the sureties shall not extend to any loss
29 sustained by the insolvency, failure or closing of any
30 national or state bank wherein the treasurer has deposited
31 funds if the bank has been approved by the Board as a
32 depositary depository for those these funds. The oaths of
33 office and the treasurer's bond bonds shall be filed in the
-465- LRB9000879DJcd
1 principal office of the Authority.
2 (Source: P.A. 85-1314.)
3 (70 ILCS 230/1-20) (from Ch. 85, par. 6620)
4 Section 2-105. Funds. Sec. 1-20. All funds deposited by
5 the treasurer in any bank shall be placed in the name of the
6 Authority and shall be withdrawn or paid out only by check or
7 draft upon the bank, signed by the treasurer and
8 countersigned by the chairman chairperson of the Board. The
9 Board may designate any of its members or any officer or
10 employee of the Authority to affix the signature of the
11 chairman chairperson and another to affix the signature of
12 the treasurer to any check or draft for payment of salaries
13 or wages and for payment of any other obligation of not more
14 than $2,500.
15 (Source: P.A. 85-1314.)
16 (70 ILCS 230/1-21) (from Ch. 85, par. 6621)
17 Section 2-110. Signatures on checks or drafts. Sec.
18 1-21. In case any officer whose signature appears upon any
19 check or draft issued pursuant to this Article Act ceases
20 (after attaching his or her signature) to hold office after
21 attaching his or her signature and before the delivery of the
22 check or draft thereof to the payee, that his or her
23 signature, nevertheless, shall be valid and sufficient for
24 all purposes with the same effect as if the officer he or she
25 had remained in office until delivery.
26 (Source: P.A. 85-1314.)
27 (70 ILCS 230/1-22) (from Ch. 85, par. 6622)
28 Section 2-115. General manager; other appointments. Sec.
29 1-22. The Board may appoint a general manager who shall be a
30 person of recognized ability and business experience, to hold
31 office during the pleasure of the Board. The general manager
-466- LRB9000879DJcd
1 shall have management of the properties and business of the
2 Authority and of the employees thereof subject to the general
3 control of the Board, shall direct the enforcement of all
4 ordinances, resolutions, rules and regulations of the Board,
5 and shall perform such other duties as may be prescribed from
6 time to time by the Board.
7 The Board may appoint a general attorney and a chief
8 engineer and shall provide for the appointment of such other
9 officers, attorneys, engineers, planners, consultants, agents
10 and employees as may be necessary. The Board It shall define
11 their duties and require bonds of such of them as the Board
12 may designate.
13 The general manager, general attorney, chief engineer,
14 and all other officers provided for, pursuant to this
15 Section, shall be exempt from taking and subscribing any oath
16 of office and shall not be members of the Board.
17 The compensation of the general manager, general
18 attorney, chief engineer, and all other officers, attorneys,
19 planners, consultants, agents and employees shall be fixed by
20 the Board.
21 (Source: P.A. 85-1314.)
22 (70 ILCS 230/1-23) (from Ch. 85, par. 6623)
23 Section 2-122. Rules and regulations; penalties. Sec.
24 1-23. The Board shall have power to make all rules and
25 regulations, proper or necessary, to carry into effect the
26 powers granted to the Authority, with such penalties as may
27 be deemed proper.
28 (Source: P.A. 85-1314.)
29 (70 ILCS 230/1-24) (from Ch. 85, par. 6624)
30 Section 2-125. Contracts; award to other than highest or
31 lowest bidder by vote of 5 Board members. Sec. 1-24. All
32 contracts for the sale of property of the value of more than
-467- LRB9000879DJcd
1 $2,500 or for a concession in or lease of property, including
2 air rights, of the Authority for a term of more than one year
3 shall be awarded to the highest responsible bidder, after
4 advertising for bids. All construction contracts and
5 contracts for supplies, materials, equipment and services,
6 when the expense thereof will exceed $2,500, shall be let to
7 the lowest responsible bidder after advertising for bids,
8 excepting (1) when repair parts, accessories, equipment or
9 services are required for equipment or services previously
10 furnished or contracted for; (2) when the nature of the
11 services required is such that competitive bidding is not in
12 the best interest of the public, including, without limiting
13 the generality of the foregoing, the services of accountants,
14 architects, attorneys, engineers, physicians, superintendents
15 of construction, and others possessing a high degree of
16 skill; and (3) when services such as water, light, heat,
17 power, telephone or telegraph are required.
18 All contracts involving less than $2,500 shall be let by
19 competitive bidding to the lowest responsible bidder whenever
20 possible, and, in any event, in a manner calculated to ensure
21 insure the best interests of the public. Competitive bidding
22 is not required for the lease of real estate or buildings
23 owned or controlled by the Authority. The Board is empowered
24 to offer such leases upon such terms as it deems advisable.
25 In determining the responsibility of any bidder, the
26 Board may take into account the past records of dealings with
27 the bidder, the bidder's experience, adequacy of equipment,
28 and ability to complete performance within the time set, and
29 other factors besides financial responsibility, but in no
30 case shall any such contracts be awarded to any other than
31 the highest bidder (in case of sale, concession or lease) or
32 the lowest bidder (in case of purchase or expenditure) unless
33 authorized or approved by a vote of at least 5 members of the
34 Board, and unless such action is accompanied by a statement
-468- LRB9000879DJcd
1 in writing setting forth the reasons for not awarding the
2 contract to the highest or lowest bidder, as the case may be,
3 which statement shall be kept on file in the principal office
4 of the Authority and open to public inspection.
5 Members of the Board, officers and employees of the
6 Authority, and their relatives within the fourth degree of
7 consanguinity by the terms of the civil law, are forbidden to
8 be interested directly or indirectly in any contract for
9 construction or maintenance work or for the delivery of
10 materials, supplies or equipment.
11 The Board shall have the right to reject all bids and to
12 readvertise for bids. If after any such advertisement no
13 responsible and satisfactory bid, within the terms of the
14 advertisement, shall be received, the Board may award such
15 contract without competitive bidding, provided that it shall
16 not be less advantageous to the Authority than any valid bid
17 received pursuant to advertisement.
18 The Board shall adopt rules and regulations to carry into
19 effect the provisions of this Section.
20 (Source: P.A. 85-1314.)
21 (70 ILCS 230/1-25) (from Ch. 85, par. 6625)
22 Section 2-130. Bids and advertisements. Sec. 1-25.
23 Method of conducting bidding. Advertisements for bids shall
24 be published at least twice in a daily newspaper of general
25 circulation published in the metropolitan area, the last
26 publication to be at least 10 calendar days before the time
27 for receiving bids, and such advertisements shall also be
28 posted on readily accessible bulletin boards in the principal
29 office of the Authority. Such advertisements shall state the
30 time and place for receiving and opening of bids and, by
31 reference to plans and specifications on file at the time of
32 the first publication, or in the advertisement itself, shall
33 describe the character of the proposed contract in sufficient
-469- LRB9000879DJcd
1 detail to fully advise prospective bidders of their
2 obligations and to ensure insure free and open competitive
3 bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * * (nonstandard provisions contained in Section 15-30)
23 * * *
24 (Source: P.A. 89-626, eff. 8-9-96.)
25 (70 ILCS 230/1-26) (from Ch. 85, par. 6626)
26 Section 2-135. Report and financial statement. Sec.
27 1-26. * * * (nonstandard provisions contained in Section
28 15-35) * * *
29 (Source: P.A. 85-1314.)
30 (70 ILCS 230/1-27) (from Ch. 85, par. 6627)
31 Section 2-140. State financial support. Sec. 1-27. The
32 Authority created by this Article shall receive financial
-470- LRB9000879DJcd
1 support from the State in the amounts provided for in Section
2 4 of the Metropolitan Civic Center Support Act, as now or
3 hereafter amended.
4 (Source: P.A. 85-1314.)
5 (70 ILCS 230/1-28) (from Ch. 85, par. 6628)
6 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
7 is hereby expressly made the beneficiary of the provisions of
8 Section 1 of the Local Government Antitrust Exemption Act "An
9 Act to make explicit the authorization for units of local
10 government and certain other governmental bodies to act as
11 permitted by statute or the Illinois Constitution,
12 notwithstanding effects on competition", amendatory veto
13 overridden November 3, 1983, as now or hereafter amended, and
14 the General Assembly intends that the "State action
15 exemption" to the application of the federal antitrust
16 anti-trust laws be fully available to the Authority to the
17 extent its activities are either (1) expressly or by
18 necessary implication authorized by this Article or other
19 Illinois law, or (2) within traditional areas of local
20 governmental activity.
21 (Source: P.A. 85-1314.)
22 (70 ILCS 230/1-29) (from Ch. 85, par. 6629)
23 Section 2-150. Tax exemption. Sec. 1-29. All property
24 of the Authority shall be exempt from taxation by the State
25 or any taxing unit therein.
26 (Source: P.A. 85-1314.)
27 (70 ILCS 230/1-30) (from Ch. 85, par. 6630)
28 Section 2-30. Prompt payment. Sec. 1-30. Purchases made
29 under pursuant to this Article shall be made in compliance
30 with the Local Government Prompt Payment Act, as now or
31 hereafter amended.
-471- LRB9000879DJcd
1 (Source: P.A. 85-1314.)
2 PART 20. BLOOMINGTON CIVIC CENTER
3 (70 ILCS 235/1) (from Ch. 85, par. 1581-1)
4 Section 2-3. Purpose. Sec. 1. The purpose of this
5 Article Act is to accomplish the aims of the State of
6 Illinois to enhance the ability of its citizens to avail
7 themselves of civic and cultural centers geographically
8 situated throughout the entire State of Illinois.
9 (Source: P.A. 80-1440.)
10 (70 ILCS 235/2) (from Ch. 85, par. 1581-2)
11 Section 20-1. Short title. Sec. 2. * * * (nonstandard
12 provisions contained in Section 20-1) * * *
13 (Source: P.A. 80-1440.)
14 (70 ILCS 235/3) (from Ch. 85, par. 1581-3)
15 Section 2-5. Definitions. Sec. 3. When used In this
16 Article Act:
17 * * * (nonstandard provisions contained in Section 20-5)
18 * * *
19 "Governmental agency" means the federal government, the
20 State, and any unit of local government or school district
21 governmental body, and any agency or instrumentality,
22 corporate or otherwise, thereof.
23 "Person" means any individual, firm, partnership,
24 corporation, both domestic and foreign, company, association
25 or joint stock association; and includes any trustee,
26 receiver, assignee or personal representative thereof.
27 * * * (nonstandard provisions contained in Section 20-5)
28 * * *
29 (Source: P.A. 80-1440.)
30 (70 ILCS 235/4) (from Ch. 85, par. 1581-4)
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1 Section 2-10. Lawsuits; common seal. Sec. 4. * * *
2 (nonstandard provisions contained in Section 20-10) * * *
3 (a) The Authority may sue and be sued in its corporate
4 name but execution shall not in any case issue against any
5 property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * * (nonstandard provisions
8 contained in Section 20-10) * * *
9 (Source: P.A. 80-1440.)
10 (70 ILCS 235/5) (from Ch. 85, par. 1581-5)
11 Section 20-14. Duties. Sec. 5. * * *(nonstandard
12 provisions contained in Section 20-14)* * *
13 (Source: P.A. 89-626, eff. 8-9-96.)
14 (70 ILCS 235/6) (from Ch. 85, par. 1581-6)
15 Section 20-15. Rights and powers; including eminent
16 domain. Sec. 6. * * * (nonstandard provisions contained in
17 Section 20-15) * * *
18 (Source: P.A. 82-783.)
19 (70 ILCS 235/7) (from Ch. 85, par. 1581-7)
20 Section 2-25. Incurring obligations. Sec. 7. The
21 Authority shall not incur any obligations for salaries or
22 for, office or administrative expenses except within the
23 amounts of funds that which will be available to it when such
24 obligations become payable.
25 (Source: P.A. 80-1440.)
26 (70 ILCS 235/7.1) (from Ch. 85, par. 1581-7.1)
27 Section 2-30. Prompt payment. Sec. 7.1. Purchases made
28 under pursuant to this Article Act shall be made in
29 compliance with the the "Local Government Prompt Payment
30 Act", approved by the Eighty-fourth General Assembly.
-473- LRB9000879DJcd
1 (Source: P.A. 84-731.)
2 (70 ILCS 235/8) (from Ch. 85, par. 1581-8)
3 Section 2-35. Acquisition of property from person,
4 State, or local agency. Sec. 8. The Authority shall have
5 power (i) to acquire and accept by purchase, lease, gift or
6 otherwise any property or rights useful for the Authority's
7 purposes from any person or persons, from any municipal
8 corporation, body politic, or agency of the State, or from
9 the State itself, useful for its purposes, and (ii) to apply
10 for and accept grants, matching grants, loans or
11 appropriations from the State of Illinois or any agency or
12 instrumentality thereof to be used for any of the purposes of
13 the Authority, and (iii) to enter into any agreement with the
14 State of Illinois in relation to such grants, matching
15 grants, loans or appropriations.
16 (Source: P.A. 80-1440.)
17 (70 ILCS 235/9) (from Ch. 85, par. 1581-9)
18 Section 20-20. Federal money. Sec. 9. * * *
19 (nonstandard provisions contained in Section 20-20) * * *
20 (Source: P.A. 80-1440.)
21 (70 ILCS 235/10) (from Ch. 85, par. 1581-10)
22 Section 2-45. Insurance. Sec. 10. The Authority shall
23 have the power to procure and enter into contracts for any
24 type of insurance and indemnity against loss or damage to
25 property from any cause, against loss of use and occupancy,
26 against employers' liability, against any act of any member,
27 officer, or employee of the Board or Authority in the
28 performance of the duties of the his office or employment,
29 and against or any other insurable risk.
30 (Source: P.A. 80-1440.)
-474- LRB9000879DJcd
1 (70 ILCS 235/11) (from Ch. 85, par. 1581-11)
2 Section 20-25. Borrowing; revenue bonds. Sec. 11. * * *
3 (nonstandard provisions contained in Section 20-25) * * *
4 (Source: P.A. 86-4)
5 (70 ILCS 235/12) (from Ch. 85, par. 1581-12)
6 Section 20-27. Bonds; nature of indebtedness. Sec. 12. *
7 * *(nonstandard provisions contained in Section 20-27)* * *
8 (Source: P.A. 80-1440.)
9 (70 ILCS 235/13) (from Ch. 85, par. 1581-13)
10 Section 2-60. Investment in bonds. Sec. 13. The State
11 and all counties, cities, villages, incorporated towns and
12 other municipal corporations, political subdivisions and
13 public bodies, and public officers of any thereof;, all
14 banks, bankers, trust companies, savings banks and
15 institutions, building and loan associations, savings and
16 loan associations, investment companies and other persons
17 carrying on an insurance business; and all executors,
18 administrators, guardians, trustees and other fiduciaries may
19 legally invest any sinking funds, moneys or other funds
20 belonging to them or within their control in any bonds issued
21 pursuant to this Article Act, it being the purpose of this
22 Section to authorize the investment in such bonds of all
23 sinking, insurance, retirement, compensation, pension and
24 trust funds, whether owned or controlled by private or public
25 persons or officers; provided, however, that nothing
26 contained in this Section may be construed as relieving any
27 person from any duty of exercising reasonable care in
28 selecting securities for purchase or investment.
29 (Source: P.A. 80-1440.)
30 (70 ILCS 235/14) (from Ch. 85, par. 1581-14)
31 Section 20-30. General obligation bonds; conditions.
-475- LRB9000879DJcd
1 Sec. 14. * * *(nonstandard provisions contained in Section
2 20-30)* * *
3 (Source: P.A. 89-626, eff. 8-9-96.)
4 (70 ILCS 235/15) (from Ch. 85, par. 1581-15)
5 Section 20-35. G.O. bonds; election. Sec. 15. * *
6 *(nonstandard provisions contained in Section 20-35)* * *
7 (Source: P.A. 81-1489.)
8 (70 ILCS 235/16) (from Ch. 85, par. 1581-16)
9 Section 20-40. G.O. bonds; canvass of election returns.
10 Sec. 16. * * *(nonstandard provisions contained in Section
11 20-40)* * *
12 (Source: P.A. 81-1489.)
13 (70 ILCS 235/17) (from Ch. 85, par. 1581-17)
14 Section 20-45. Tax. Sec. 17. * * *(nonstandard
15 provisions contained in Section 20-45)* * *
16 (Source: P.A. 80-1440.)
17 (70 ILCS 235/18) (from Ch. 85, par. 1581-18)
18 Section 2-76. Board members; financial matters;
19 compensation for secretary or treasurer; conflict of
20 interest. Sec. 18. * * * (nonstandard provisions contained in
21 Section 20-50) * * * The members of the Board shall serve
22 without compensation, but shall be reimbursed for actual
23 expenses incurred by them in the performance of their duties.
24 However, any member of the Board who is appointed to the
25 office of secretary or treasurer may receive compensation for
26 his or her services as such officer.
27 No member of the Board or employee of the Authority shall
28 have any private financial interest, profit or benefit in any
29 contract, work or business of the Authority or nor in the
30 sale or lease of any property to or from the Authority.
-476- LRB9000879DJcd
1 (Source: P.A. 80-1440.)
2 (70 ILCS 235/19) (from Ch. 85, par. 1581-19)
3 Section 2-80. Board members' oath. Sec. 19. * * *
4 (nonstandard provisions contained in Section 20-55) * * *
5 Within 30 days after certification of his appointment, and
6 before entering upon the duties of his office, each member of
7 the Board shall take and subscribe the constitutional oath of
8 office and file it in the office of the Secretary of State.
9 (Source: P.A. 80-1440.)
10 (70 ILCS 235/20) (from Ch. 85, par. 1581-20)
11 Section 2-85. Board members; vacancy in office. Sec. 20.
12 Members of the Board shall hold office until their respective
13 successors have been appointed and qualified. Any member may
14 resign from his office; the resignation takes to take effect
15 when the member's his successor has been appointed and has
16 qualified.
17 Section 2-83. Removal of Board member from office. The
18 appointing officer may remove any member of the Board
19 appointed by the officer him, in case of incompetency,
20 neglect of duty, or malfeasance in office, after service on
21 the member him, by registered United States mail, return
22 requested, of a copy of the written charges against the
23 member him and an opportunity to be publicly heard in person
24 or by counsel in the member's his own defense upon not less
25 than 10 days' notice.
26 (Section 2-85, resumed)
27 In case of failure to qualify within the time required,
28 or of abandonment of his office, or in case of death,
29 conviction of a felony or removal from office, a member's his
30 office shall become vacant. Each vacancy shall be filled for
31 the unexpired term by appointment in like manner, as in case
32 of expiration of the term of a member of the Board.
-477- LRB9000879DJcd
1 (Source: P.A. 80-1440.)
2 (70 ILCS 235/21) (from Ch. 85, par. 1581-21)
3 Section 20-58. Organization of the Board. Sec. 21. * *
4 *(nonstandard provisions contained in Section 20-58)* * *
5 (Source: P.A. 80-1440.)
6 (70 ILCS 235/22) (from Ch. 85, par. 1581-22)
7 Section 2-97. Board meetings; public records. Sec. 22.
8 Regular meetings of the Board shall be held at least once in
9 each calendar month, the time and place of such meetings to
10 be fixed by the Board. * * * (nonstandard provisions
11 contained in Section 20-60) * * *
12 All ordinances, resolutions and all proceedings of the
13 Authority and all documents and records in its possession
14 shall be public records, and open to public inspection,
15 except such documents and records as shall be kept or
16 prepared by the Board for use in negotiations, actions action
17 or proceedings to which the Authority is a party.
18 (Source: P.A. 80-1440.)
19 (70 ILCS 235/23) (from Ch. 85, par. 1581-23)
20 Section 2-101. Secretary; treasurer; funds deposited in
21 bank or savings and loan association. Sec. 23. The Board
22 shall appoint a secretary and a treasurer, who need not be
23 members of the Board, to hold office during the pleasure of
24 the Board, and shall fix their duties and compensation.
25 Before entering upon the its duties of their respective
26 offices they shall take and subscribe the constitutional oath
27 of office, and the treasurer shall execute a bond with
28 corporate sureties to be approved by the Board. The bond
29 shall be payable to the Authority in whatever penal sum may
30 be directed upon the faithful performance of the duties of
31 the office and the payment of all money received by the
-478- LRB9000879DJcd
1 treasurer him according to law and the orders of the Board.
2 The Board may, at any time, require a new bond from the
3 treasurer in such penal sum as may then be determined by the
4 Board. The obligation of the sureties shall not extend to
5 any loss sustained by the insolvency, failure or closing of
6 any savings and loan association or national or State bank
7 wherein the treasurer has deposited funds if the bank or
8 savings and loan association has been approved by the Board
9 as a depository depositary for those these funds. The oaths
10 of office and the treasurer's bond shall be filed in the
11 principal office of the Authority.
12 (Source: P.A. 83-541.)
13 (70 ILCS 235/24) (from Ch. 85, par. 1581-24)
14 Section 20-62. Funds; compliance with Public Funds
15 Investment Act. Sec. 24. * * *(nonstandard provisions
16 contained in Section 20-62)* * *
17 (Source: P.A. 83-541.)
18 (70 ILCS 235/25) (from Ch. 85, par. 1581-25)
19 Section 2-110. Signatures on checks or drafts. Sec. 25.
20 In case any officer whose signature appears upon any check or
21 draft, issued pursuant to this Article Act, ceases (after
22 attaching his signature) to hold his office after attaching
23 his or her signature and before the delivery of the check or
24 draft thereof to the payee, that his signature nevertheless
25 shall be valid and sufficient for all purposes with the same
26 effect as if the officer he had remained in office until
27 delivery thereof.
28 (Source: P.A. 80-1440.)
29 (70 ILCS 235/26) (from Ch. 85, par. 1581-26)
30 Section 2-115. General manager; other appointments. Sec.
31 26. The Board may appoint a general manager who shall be a
-479- LRB9000879DJcd
1 person an individual of recognized ability and business
2 experience, to hold office during the pleasure of the Board.
3 The general manager shall have management of the properties
4 and business of the Authority and of the employees thereof
5 subject to the general control of the Board, shall direct the
6 enforcement of all ordinances, resolutions, rules and
7 regulations of the Board, and shall perform such other duties
8 as may be prescribed from time to time by the Board.
9 The Board may appoint a general attorney and a chief
10 engineer and shall provide for the appointment of such other
11 officers, attorneys, engineers, planners, consultants, agents
12 and employees as may be necessary. The Board It shall define
13 their duties and require bonds of such of them as the Board
14 may designate.
15 The general manager, general attorney, chief engineer,
16 and all other officers provided for pursuant to this Section
17 shall be exempt from taking and subscribing any oath of
18 office and shall not be members of the Board.
19 The compensation of the general manager, general
20 attorney, chief engineer, and all other officers, attorneys,
21 planners, consultants, agents and employees shall be fixed by
22 the Board.
23 (Source: P.A. 80-1440.)
24 (70 ILCS 235/27) (from Ch. 85, par. 1581-27)
25 Section 2-120. Ordinances, rules, and regulations; fines
26 and penalties. Sec. 27. The Board shall have power to pass
27 all ordinances and make all rules and regulations proper or
28 necessary to carry into effect the powers granted to the
29 Authority, with such fines or penalties as may be deemed
30 proper. All fines and penalties shall be imposed by
31 ordinance, which shall be published in a newspaper of general
32 circulation published in the metropolitan area embraced by
33 the Authority. No such ordinance imposing a fine or penalty
-480- LRB9000879DJcd
1 shall take effect until 10 days after its publication.
2 (Source: P.A. 80-1440.)
3 (70 ILCS 235/28) (from Ch. 85, par. 1581-28)
4 Section 2-128. Contracts; award to other than highest or
5 lowest bidder by three-fourths vote. Sec. 28. All contracts
6 for the sale of property of the value of more than $2,500 or
7 for any concession in or lease of property of the Authority
8 for a term of more than one year shall be awarded to the
9 highest responsible bidder, after advertising for bids. All
10 construction contracts and contracts for supplies, materials,
11 equipment and services, when the expense thereof will exceed
12 $2,500, shall be let to the lowest responsible bidder, after
13 advertising for bids excepting (1) when repair parts,
14 accessories, equipment or services are required for equipment
15 or services previously furnished or contracted for; (2) when
16 the nature of the services required is such that competitive
17 bidding is not in the best interest of the public, including,
18 without limiting the generality of the foregoing, the
19 services of accountants, architects, attorneys, engineers,
20 physicians, superintendents of construction, and others
21 possessing a high degree of skill; and (3) when services such
22 as water, light, heat, power, telephone or telegraph are
23 required.
24 All contracts involving less than $2,500 shall be let by
25 competitive bidding whenever possible, and in any event in a
26 manner calculated to ensure insure the best interests of the
27 public.
28 In determining the responsibility of any bidder, the
29 Board may take into account the past record of dealings with
30 the bidder, the bidder's experience, adequacy of equipment,
31 and ability to complete performance within the time set, and
32 other factors besides financial responsibility, but in no
33 case shall any such contracts be awarded to any other than
-481- LRB9000879DJcd
1 the highest bidder (in case of sale, concession or lease) or
2 the lowest bidder (in case of purchase or expenditure) unless
3 authorized or approved by a vote of at least three-fourths of
4 the members of the Board, and unless such action is
5 accompanied by a statement in writing setting forth the
6 reasons for not awarding the contract to the highest or
7 lowest bidder, as the case may be, which statement shall be
8 kept on file in the principal office of the Authority and
9 open to public inspection.
10 From the group of responsible bidders the lowest bidder
11 shall be selected in the following manner: to all bids for
12 sales the gross receipts of which are not taxable under the
13 "Retailers' Occupation Tax Act", approved June 28, 1933, as
14 amended, there shall be added an amount equal to the tax
15 which would be payable under said Act, if applicable, and the
16 lowest in amount of said adjusted bids and bids for sales the
17 gross receipts of which are taxable under said Act shall be
18 considered the lowest bid; provided, that, if said lowest bid
19 relates to a sale not taxable under said Act, any contract
20 entered into thereon shall be in the amount of the original
21 bid not adjusted as aforesaid.
22 Contracts shall not be split into parts involving
23 expenditures of less than $2,500 for the purposes of avoiding
24 the provisions of this Section, and all such split contracts
25 shall be void. If any collusion occurs among bidders or
26 prospective bidders in restraint of freedom of competition,
27 by agreement to bid a fixed amount or to refrain from bidding
28 or otherwise, the bids of such bidders shall be void. Each
29 bidder shall accompany his bid with a sworn statement that he
30 has not been a party to any such agreement.
31 Members of the Board, officers and employees of the
32 Authority, and their relatives within the fourth degree of
33 consanguinity by the terms of the civil law, are forbidden to
34 be interested directly or indirectly in any contract for
-482- LRB9000879DJcd
1 construction of maintenance work or for the delivery of
2 materials, supplies or equipment.
3 The Board shall have the right to reject all bids and to
4 readvertise for bids. If after any such advertisement no
5 responsible and satisfactory bid, within the terms of the
6 advertisement, shall be received, the Board may award such
7 contract, without competitive bidding, provided that it shall
8 not be less advantageous to the Authority than any valid bid
9 received pursuant to advertisement.
10 The Board shall adopt rules and regulations to carry into
11 effect the provisions of this Section.
12 (Source: P.A. 80-1440.)
13 (70 ILCS 235/29) (from Ch. 85, par. 1581-29)
14 Section 2-130. Bids and advertisements. Sec. 29.
15 Advertisement for bids shall be published at least twice in a
16 daily newspaper of general circulation published in the
17 metropolitan area, the last publication to be at least 10
18 calendar days before the time for receiving bids, and such
19 advertisements shall also be posted on readily accessible
20 bulletin boards in the principal office of the Authority.
21 Such advertisements shall state the time and place for
22 receiving and opening of bids, and, by reference to plans and
23 specifications on file at the time of the first publication,
24 or in the advertisement itself, shall describe the character
25 of the proposed contract in sufficient detail to fully advise
26 prospective bidders of their obligations and to ensure insure
27 free and open competitive bidding.
28 All bids in response to advertisements shall be sealed
29 and shall be publicly opened by the Board, and all bidders
30 shall be entitled to be present in person or by
31 representatives. Cash or a certified or satisfactory
32 cashier's check, as a deposit of good faith, in a reasonable
33 amount to be fixed by the Board before advertising for bids,
-483- LRB9000879DJcd
1 shall be required with the proposal of each bidder. Bond for
2 faithful performance of the contract with surety or sureties
3 satisfactory to the Board and adequate insurance may be
4 required in reasonable amounts to be fixed by the Board
5 before advertising for bids.
6 The contract shall be awarded as promptly as possible
7 after the opening of bids. The bid of the successful bidder,
8 as well as the bids of the unsuccessful bidders, shall be
9 placed on file and be open to public inspection. All bids
10 shall be void if any disclosure of the terms of any bid in
11 response to an advertisement is made or permitted to be made
12 by the Board before the time fixed for opening bids.
13 Section 2-132. Bidders; civil action to compel
14 compliance. Any bidder who has submitted a bid in compliance
15 with the requirements for bidding may bring a civil action
16 suit in equity in the circuit court in the county in which
17 the metropolitan area is located to compel compliance with
18 the provisions of this Article Act relating to the awarding
19 of contracts by the Board.
20 (Source: P.A. 80-1440.)
21 (70 ILCS 235/29a) (from Ch. 85, par. 1581-29a)
22 Section 2-150. Tax exemption. Sec. 29a. Exemption from
23 taxation. All property of the Bloomington Civic Center
24 Authority shall be exempt from taxation by the State or any
25 taxing unit therein.
26 (Source: P.A. 83-893.)
27 (70 ILCS 235/29b) (from Ch. 85, par. 1581-29b)
28 Section 2-145. Antitrust laws. Sec. 29b. The Authority
29 is hereby expressly made the beneficiary of the provisions of
30 Section 1 of the Local Government Antitrust Exemption Act "An
31 Act to make explicit the authorization for units of local
32 government and certain other governmental bodies to act as
-484- LRB9000879DJcd
1 permitted by statute or the Illinois Constitution,
2 notwithstanding effects on competition", amendatory veto
3 overridden November 3, 1983, and the General Assembly intends
4 that the "State action exemption" to the application of the
5 federal antitrust anti-trust laws be fully available to the
6 Authority to the extent its activities are either (1)
7 expressly or by necessary implication authorized by this
8 Article Act or other Illinois law, or (2) within traditional
9 areas of local governmental activity.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 235/29c) (from Ch. 85, par. 1581-29c)
12 Section 2-140. State financial support. Sec. 29c. The
13 Authority created by this Article Act shall receive financial
14 support from the State in the amounts provided for in Section
15 4 of the Metropolitan Civic Center Support Act.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 235/30) (from Ch. 85, par. 1581-30)
18 Section 20-65. Report and financial statement. Sec. 30.
19 * * *(nonstandard provisions contained in Section 20-65)* * *
20 (Source: P.A. 80-1440.)
21 PART 25. BOONE COUNTY COMMUNITY BUILDING COMPLEX
22 (70 ILCS 260/1-1) (from Ch. 85, par. 7551-1)
23 Section 25-1. Sec. 1-1. Short title. * * * (nonstandard
24 provisions contained in Section 25-1) * * *
25 (Source: P.A. 87-230.)
26 (70 ILCS 260/1-5) (from Ch. 85, par. 7551-5)
27 Section 25-5. Sec. 1-5. Purpose. * * * (nonstandard
28 provisions contained in Section 25-5) * * *
29 (Source: P.A. 87-230.)
-485- LRB9000879DJcd
1 (70 ILCS 260/1-10) (from Ch. 85, par. 7551-10)
2 Section 2-5. Sec. 1-10. Definitions. In this Article:
3 * * * (nonstandard provisions contained in Section 25-10)
4 * * *
5 "Governmental agency" means the federal government, the
6 State, and any unit of local government or school district,
7 and any agency or instrumentality governmental body, together
8 with any of their agencies or instrumentalities, corporate or
9 otherwise thereof.
10 "Person" means any individual, firm, partnership,
11 domestic or foreign corporation, company, association, or
12 joint stock association; and includes any trustee, receiver,
13 assignee of their trustees, receivers, assignees, or personal
14 representative thereof representatives.
15 * * * (nonstandard provisions contained in Section 25-10)
16 * * *
17 (Source: P.A. 87-230.)
18 (70 ILCS 260/1-15) (from Ch. 85, par. 7551-15)
19 Section 2-10. Lawsuits; common seal. Sec. 1-15. * * *
20 (nonstandard provisions contained in Section 25-15) * * *
21 (a) (b) The Authority Committee may sue and be sued in
22 its corporate name, but execution shall not in any case issue
23 against any property of the Authority Committee.
24 (b) The Authority It may adopt a common seal and change
25 the same seal at its pleasure. * * * (nonstandard provisions
26 contained in Section 25-15) * * *
27 (Source: P.A. 87-230.)
28 (70 ILCS 260/1-20) (from Ch. 85, par. 7551-20)
29 Section 25-20. Sec. 1-20. Duties. * * * (nonstandard
30 provisions contained in Section 25-20) * * *
31 (Source: P.A. 87-230.)
-486- LRB9000879DJcd
1 (70 ILCS 260/1-25) (from Ch. 85, par. 7551-25)
2 Section 25-25. Sec. 1-25. Powers. * * * (nonstandard
3 provisions contained in Section 25-25) * * *
4 (Source: P.A. 87-230.)
5 (70 ILCS 260/1-30) (from Ch. 85, par. 7551-30)
6 Section 2-25. Sec. 1-30. Incurring obligations. The
7 Authority Committee shall not incur any obligations for
8 salaries or for office or administrative expenses except
9 within the amounts of funds that will be available to it when
10 those obligations become payable.
11 (Source: P.A. 87-230.)
12 (70 ILCS 260/1-35) (from Ch. 85, par. 7551-35)
13 Section 25-27. Sec. 1-35. Acquisition of property. * *
14 *(nonstandard provisions contained in Section 25-27)* * *
15 (Source: P.A. 87-230.)
16 (70 ILCS 260/1-40) (from Ch. 85, par. 7551-40)
17 Section 2-40. Sec. 1-40. Federal money. The Authority
18 shall have Committee has the power (i) to apply for and
19 accept grants, matching grants, loans, or appropriations from
20 the federal government or any agency or instrumentality
21 thereof of the federal government to be used for any of the
22 operating purposes of the Authority Committee and (ii) to
23 enter into any agreement with the federal government in
24 relation to such those grants, matching grants, loans, or
25 appropriations.
26 (Source: P.A. 87-230.)
27 (70 ILCS 260/1-45) (from Ch. 85, par. 7551-45)
28 Section 2-45. Sec. 1-45. Insurance. The Authority shall
29 have Committee has the power to procure and enter into
30 contracts for any type of insurance and indemnity against
-487- LRB9000879DJcd
1 loss or damage to property from any cause, against loss of
2 use and occupancy, against employers' liability, against any
3 act of any member, officer, or employee of the Board or
4 Authority Committee in the performance of the duties of the
5 his or her office or employment, and against any other
6 insurable risk.
7 (Source: P.A. 87-230.)
8 (70 ILCS 260/1-50) (from Ch. 85, par. 7551-50)
9 Section 2-50. Sec. 1-50. Borrowing; revenue bonds; suits
10 to compel performance. (a) The Authority shall have
11 Committee has continuing power to borrow money for the
12 purpose of carrying out and performing its duties and
13 exercising its powers under this Article.
14 (b) For the purpose of evidencing the obligation of the
15 Authority Committee to repay any money so borrowed as
16 aforesaid, the Authority Committee may, pursuant to an
17 ordinance adopted by the Board Committee, from time to time
18 issue and dispose of its interest bearing revenue bonds, and
19 may also from time to time issue and dispose of its interest
20 bearing revenue bonds to refund any bonds at maturity or
21 pursuant to redemption provisions or at any time before
22 maturity with the consent of the holders thereof of the
23 bonds. All such The bonds shall be payable solely from the
24 revenues or income to be derived from the fairs, expositions,
25 exhibitions, rentals and, leases, and other authorized
26 activities operated by it, and from funds, if any, received
27 and to be received by the Authority Committee from any other
28 source. Such The bonds (i) may bear such a date or dates,
29 (ii) may mature at such a time or times not exceeding 40
30 years from their respective dates, (iii) may bear interest at
31 such a rate or rates not exceeding the maximum rate permitted
32 by the Bond Authorization Act, (iv) may be in such a form,
33 (v) may carry registration privileges, (vi) may be executed
-488- LRB9000879DJcd
1 in such a manner, (vii) may be payable at such a place or
2 places, (viii) may be made subject to redemption in such a
3 manner and upon such terms, with or without premium as is
4 stated on the face thereof of the bonds, (ix) may be executed
5 in such a manner, and (x) may contain such terms and
6 covenants, all as may be provided in said the ordinance
7 authorizing the issuance of the bonds. In case any officer
8 whose signature appears on any bond ceases to hold office
9 (after attaching his or her signature) to hold office, his
10 that signature shall nevertheless be valid and effective for
11 all purposes. The holder or holders of any bonds or bond
12 interest coupons appertaining thereto issued by the Authority
13 Committee may bring suits at law or proceedings in equity (i)
14 to compel the performance and observance by the Authority
15 Committee or any of its officers, agents, or employees of any
16 contract or covenant made by the Authority Committee with the
17 holders of such those bonds or interest coupons, (ii) to
18 compel the Authority Committee or any of its officers,
19 agents, or employees to perform any duties required to be
20 performed for the benefit of the holders of any such of those
21 bonds or interest coupons by the provisions of the ordinance
22 authorizing their issuance, and (iii) to enjoin the Authority
23 Committee and any of its officers, agents, or employees from
24 taking any action in conflict with any such the contract or
25 covenant.
26 (c) Notwithstanding the form and tenor of any such bonds
27 bond and in the absence of any express recital on the face
28 thereof of the bond that it is non-negotiable, all bonds
29 shall be negotiable instruments under the Uniform Commercial
30 Code.
31 (d) From and after the issuance of any bonds as herein
32 provided in this Section it shall be the duty of the
33 corporate authorities of the Authority Committee to fix and
34 establish rates, charges, rents, and fees for the use of
-489- LRB9000879DJcd
1 facilities acquired, constructed, reconstructed, extended, or
2 improved with the proceeds of the sale of said those bonds
3 that are sufficient at all times, with other revenues of the
4 Authority Committee, to pay:
5 (a) (i) the cost of maintaining, repairing, regulating,
6 and operating the said those facilities; and
7 (b) (ii) the bonds principal of and interest thereon on
8 the bonds as they shall become due, and all sinking fund
9 requirements and other requirements provided by the ordinance
10 authorizing the issuance of the bonds or as provided by any
11 trust agreement executed to secure payment thereof of the
12 bonds.
13 (e) To secure the payment of any or all of such bonds
14 and for the purpose of setting forth the covenants and
15 undertakings of the Authority Committee in connection with
16 the issuance thereof of the bonds and the issuance of any
17 additional bonds payable from such the revenue income to be
18 derived from the fairs, recreational, theatrical, and
19 cultural expositions, sports activities, exhibitions, office
20 rentals, and air space leases and rentals, and from other
21 revenue, if any, the Authority Committee may execute and
22 deliver a trust agreement or agreements; provided that, but
23 no lien upon any physical property of the Authority Committee
24 shall be created thereby by a trust agreement.
25 (f) A remedy for any breach or default by the Committee
26 of the terms of any such a trust agreement by the Authority
27 may be by mandamus proceedings in any court of competent
28 jurisdiction to compel performance and compliance therewith,
29 but the trust agreement may prescribe by whom or on whose
30 behalf such the action may be instituted.
31 (g) Before any such bonds (excepting refunding bonds)
32 are sold, the entire authorized issue, or any part thereof of
33 that issue, shall be offered for sale as a unit after
34 advertising for bids at least 3 times in a daily newspaper of
-490- LRB9000879DJcd
1 general circulation published in the metropolitan area, the
2 last publication to be at least 10 days before bids are
3 required to be filed. Copies of such the advertisement may
4 be published in any newspaper or financial publication in the
5 United States. All bids shall be sealed, filed, and opened
6 as provided by ordinance, and the bonds shall be awarded to
7 the highest and best bidder or bidders therefor. The
8 Authority Committee shall have the right to reject all bids
9 and to readvertise for bids in the manner provided for in the
10 initial advertisement. However, if no bids are received
11 such, however, the bonds may be sold at not less than par
12 value, without further advertising, within 60 days after the
13 bids are required to be filed pursuant to under any
14 advertisement.
15 (Source: P.A. 87-230.)
16 (70 ILCS 260/1-55) (from Ch. 85, par. 7551-55)
17 Section 2-55. Bonds; nature of Sec. 1-55. Limitation on
18 indebtedness. Under no circumstances shall any bonds issued
19 by the Authority Committee be or become an indebtedness or
20 obligation of the State of Illinois or of any political
21 subdivision of or municipality within the State, nor shall
22 any such bond or obligation be or become an indebtedness of
23 the Authority Committee within the purview of any
24 constitutional limitation or provision, and. it shall be
25 plainly stated on the face of each such bond that it does not
26 constitute such an indebtedness or obligation but is payable
27 solely from the revenues or income as provided in this
28 Article.
29 (Source: P.A. 87-230.)
30 (70 ILCS 260/1-60) (from Ch. 85, par. 7551-60)
31 Section 2-60. Sec. 1-60. Investment in bonds. The State
32 and, all counties, cities, villages, incorporated towns and,
-491- LRB9000879DJcd
1 other municipal corporations, political subdivisions, and
2 public bodies, and any of their public officers of any
3 thereof;, all banks, bankers, trust companies, savings banks
4 and institutions, building and loan associations, savings and
5 loan associations, investment companies, and other persons
6 carrying on an insurance business;, and all executors,
7 administrators, guardians, trustees, and other fiduciaries
8 may legally invest any sinking funds, moneys, or other funds
9 belonging to them or within their control in any bonds issued
10 pursuant to under this Article, it being the purpose of this
11 Section to authorize the investment in such those bonds of
12 all sinking, insurance, retirement, compensation, pension,
13 and trust funds, whether owned or controlled by private or
14 public persons or officers; provided, however, that. nothing
15 contained in this Section may be construed as relieving,
16 however, relieves any person from any duty of exercising
17 reasonable care in selecting securities for investment.
18 (Source: P.A. 87-230.)
19 (70 ILCS 260/1-65) (from Ch. 85, par. 7551-65)
20 Section 25-30. Sec. 1-65. Food and beverage tax. * * *
21 (nonstandard provisions contained in Section 25-30) * * *
22 (Source: P.A. 87-230.)
23 (70 ILCS 260/1-70) (from Ch. 85, par. 7551-70)
24 Section 2-75. Board members; financial matters; conflict
25 of interest. * * * (nonstandard provisions contained in
26 Section 25-35) * * * The members of the Board shall serve
27 without compensation, but shall be reimbursed for actual
28 expenses incurred by them in the performance of their duties.
29 No member of the Board or employee of the Authority
30 Committee shall have any private financial interest, profit,
31 or benefit in any contract, work, or business of the
32 Authority or Committee nor in the sale or lease of any
-492- LRB9000879DJcd
1 property to or from the Authority Committee.
2 (Source: P.A. 87-230.)
3 (70 ILCS 260/1-75) (from Ch. 85, par. 7551-75)
4 Section 2-80. Board members' oath. Sec. 1-75. * * *
5 (nonstandard provisions contained in Section 25-40) * * *
6 Within 30 days after certification of appointment, and before
7 entering upon the duties of office, each member of the Board
8 Committee shall take and subscribe the constitutional oath of
9 office and file it in the office of the Secretary of State.
10 (Source: P.A. 87-230.)
11 (70 ILCS 260/1-80) (from Ch. 85, par. 7551-80)
12 Section 2-85. Sec. 1-80. Board members; vacancy in
13 office. Members of the Board Committee shall hold office
14 until their respective successors have been appointed and
15 qualified. Any member may resign from office; the
16 resignation takes to take effect when the member's his or her
17 successor has been appointed and has qualified. * * *
18 (nonstandard provisions contained in Section 25-45) * * *
19 In case of failure to qualify within the time required,
20 abandonment of office, death, conviction of a felony, or
21 removal from office, a member's office shall become vacant.
22 Each vacancy shall be filled for the unexpired term by
23 appointment in like manner as in the case of expiration of
24 the term of a member of the Board Committee.
25 (Source: P.A. 87-230.)
26 (70 ILCS 260/1-85) (from Ch. 85, par. 7551-85)
27 Section 2-90. Sec. 1-85. Organization of the Board
28 Committee. As soon as practicably possible after the
29 appointment of the initial members, the Board Committee shall
30 organize for the transaction of business, select a chairman
31 and a temporary secretary from its own number, and adopt
-493- LRB9000879DJcd
1 by-laws bylaws and regulations to govern its proceedings.
2 The initial chairman and his or her successors shall be
3 elected by the Board Committee from time to time for the term
4 of the chairman's his or her office as a member of the Board
5 Committee or for the term of 3 years one year, whichever is
6 shorter.
7 (Source: P.A. 87-230.)
8 (70 ILCS 260/1-90) (from Ch. 85, par. 7551-90)
9 Section 2-97. Board meetings; public records. Sec. 1-90.
10 Meetings; ordinances. Regular meetings of the Board
11 Committee shall be held at least once in each calendar month,
12 the time and place of such the meetings to be fixed by the
13 Board Committee. * * * (nonstandard provisions contained in
14 Section 25-50) * * *
15 All ordinances, resolutions, and proceedings of the
16 Authority Committee and all documents and records in its
17 possession shall be public records, and open to public
18 inspection, except such those documents and records as shall
19 be kept or prepared by the Board Committee for use in
20 negotiations, actions, or proceedings to which the Authority
21 Committee is a party.
22 (Source: P.A. 87-230.)
23 (70 ILCS 260/1-95) (from Ch. 85, par. 7551-95)
24 Section 2-100. Sec. 1-95. Secretary; treasurer. The
25 Board Committee shall appoint a secretary and a treasurer,
26 who need not be members of the Board Committee, to hold
27 office during the pleasure of the Board Committee, and shall
28 fix their duties and compensation. Before entering upon the
29 duties of their respective offices, they shall take and
30 subscribe the constitutional oath of office, and the
31 treasurer shall execute a bond with corporate sureties to be
32 approved by the Board Committee. The bond shall be payable
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1 to the Authority Committee in whatever penal sum may be
2 directed and shall be conditioned upon the faithful
3 performance of the duties of the office and the payment of
4 all money received by the treasurer according to law and the
5 orders of the Board Committee. The Board Committee may, at
6 any time, require a new bond from the treasurer in a penal
7 sum as may then be determined by the Board Committee. The
8 obligation of the sureties shall not extend to any loss
9 sustained by the insolvency, failure, or closing of any
10 national or state bank wherein the treasurer has deposited
11 funds if the bank has been approved by the Board Committee as
12 a depositary depository for those funds. The oaths of office
13 and the treasurer's bond bonds shall be filed in the
14 principal office of the Authority Committee.
15 (Source: P.A. 87-230.)
16 (70 ILCS 260/1-100) (from Ch. 85, par. 7551-100)
17 Section 2-105. Sec. 1-100. Funds. All funds deposited
18 by the treasurer in any bank shall be placed in the name of
19 the Authority Committee and shall be withdrawn or paid out
20 only by check or draft upon the bank, signed by the treasurer
21 and countersigned by the chairman of the Board Committee. The
22 Board Committee may designate any of its members or any
23 officer or employee of the Authority Committee to affix the
24 signature of the chairman and another to affix the signature
25 of the treasurer to any check or draft for payment of
26 salaries or wages and for payment of any other obligation of
27 not more than $2,500.
28 (Source: P.A. 87-230.)
29 (70 ILCS 260/1-105) (from Ch. 85, par. 7551-105)
30 Section 2-110. Sec. 1-105. Signatures on checks or
31 drafts. In case any officer whose signature appears upon any
32 check or draft issued pursuant to under this Article ceases
-495- LRB9000879DJcd
1 to hold office after attaching his or her signature and
2 before the delivery of the check or draft to the payee, that
3 signature nevertheless shall be valid and sufficient for all
4 purposes with the same effect as if the officer person had
5 remained in office until delivery.
6 (Source: P.A. 87-230.)
7 (70 ILCS 260/1-110) (from Ch. 85, par. 7551-110)
8 Section 2-115. Sec. 1-110. General manager; other
9 appointments. The Board Committee may appoint a general
10 manager who shall be a person of recognized ability and
11 business experience, to hold office during the pleasure of
12 the Board Committee. The general manager shall have
13 management of the properties and business of the Authority
14 Committee and of the its employees thereof, subject to the
15 general control of the Board Committee, shall direct the
16 enforcement of all ordinances, resolutions, rules, and
17 regulations of the Board Committee, and shall perform such
18 other duties as may be prescribed from time to time by the
19 Board Committee.
20 The Board Committee may appoint a general attorney and a
21 chief engineer and shall provide for the appointment of such
22 other officers, attorneys, engineers, planners, consultants,
23 agents, and employees as may be necessary. The Board It shall
24 define their duties and require bonds of such of them as
25 those that the Board Committee may designate.
26 The general manager, general attorney, chief engineer,
27 and all other officers provided for pursuant to under this
28 Section shall be exempt from taking and subscribing any oath
29 of office and shall not be members of the Board Committee.
30 The compensation of the general manager, general
31 attorney, chief engineer, and all other officers, attorneys,
32 planners, consultants, agentsCommittee.
-496- LRB9000879DJcd
1 (Source: P.A. 87-230.)
2 (70 ILCS 260/1-115) (from Ch. 85, par. 7551-115)
3 Section 2-122. Sec. 1-115. Rules and regulations;
4 penalties. The Board shall have the power to Committee may
5 make all rules and regulations that are proper or necessary
6 to carry into effect the powers granted to the Authority
7 Committee, with such penalties for violation as may be deemed
8 proper.
9 (Source: P.A. 87-230.)
10 (70 ILCS 260/1-120) (from Ch. 85, par. 7551-120)
11 Section 25-55. Sec. 1-120. Contracts. * * * (nonstandard
12 provisions contained in Section 25-55) * * *
13 (Source: P.A. 87-230.)
14 (70 ILCS 260/1-125) (from Ch. 85, par. 7551-125)
15 Section 2-130. Sec. 1-125. Bids and advertisements. (a)
16 Advertisements for bids shall be published at least twice in
17 a daily newspaper of general circulation published in the
18 metropolitan area, the last publication to be at least 10
19 calendar days before the time for receiving bids, and such
20 the advertisements shall also be posted on readily accessible
21 bulletin boards in the principal office of the Authority
22 Committee. Such advertisements for bids shall state the time
23 and place for receiving and opening bids and, by reference to
24 plans and specifications on file at the time of the first
25 publication, or in the advertisement itself, shall describe
26 the character of the proposed contract in sufficient detail
27 to fully advise prospective bidders of their obligations and
28 to ensure insure free and open competitive bidding.
29 (b) All bids in response to advertisements shall be
30 sealed and shall be publicly opened by the Board Committee,
31 and all bidders shall be entitled to be present in person or
-497- LRB9000879DJcd
1 by representatives. Cash or a certified or satisfactory
2 cashier's check, as a deposit of good faith, in a reasonable
3 amount to be fixed by the Board Committee before advertising
4 for bids, shall be required with the proposal of each bidder.
5 Bond for faithful performance of the contract with surety or
6 sureties satisfactory to the Board Committee and adequate
7 insurance may be required in reasonable amounts to be fixed
8 by the Board Committee before advertising for bids.
9 (c) The contract shall be awarded as promptly as possible
10 after the opening of bids. The bid of the successful bidder,
11 as well as the bids of the unsuccessful bidders, shall be
12 placed on file and open to public inspection. All bids shall
13 be void if any disclosure of the terms of any bid in response
14 to an advertisement is made or permitted to be made by the
15 Board Committee before the time fixed for opening bids.
16 Section 2-132. Bidders; civil action to compel
17 compliance. (d) Any bidder who has submitted a bid in
18 compliance with the requirements for bidding may bring a
19 civil action in the circuit court in of the county in which
20 the metropolitan area is located to compel compliance with
21 the provisions of this Article relating to the awarding of
22 contracts by the Board Committee.
23 (Source: P.A. 87-230.)
24 (70 ILCS 260/1-130) (from Ch. 85, par. 7551-130)
25 Section 2-135. Sec. 1-130. Report and financial
26 statement. As soon after the end of each fiscal year as may
27 be expedient, the Board Committee shall cause to be prepared
28 and printed a complete and detailed report and financial
29 statement of its operations and of its assets and
30 liabilities. A reasonably sufficient number of copies of
31 such the report shall be printed for distribution to persons
32 interested upon request, and a copy thereof of the report
33 shall be filed with the county clerk and the appointing
-498- LRB9000879DJcd
1 officers.
2 (Source: P.A. 87-230.)
3 (70 ILCS 260/1-135) (from Ch. 85, par. 7551-135)
4 Section 2-145. Sec. 1-135. Antitrust laws. The Authority
5 Committee is expressly made the beneficiary of the provisions
6 of Section 1 of the Local Government Antitrust Exemption Act,
7 and the General Assembly intends that the "State action
8 exemption" to the application of the federal antitrust laws
9 be fully available to the Authority Committee to the extent
10 its activities are either (1) (i) expressly or by necessary
11 implication authorized by this Article or other Illinois law
12 or (2) (ii) within traditional areas of local governmental
13 activity.
14 (Source: P.A. 87-230.)
15 (70 ILCS 260/1-140) (from Ch. 85, par. 7551-140)
16 Section 2-150. Sec. 1-140. Tax exemption. All property
17 of the Authority Committee shall be exempt from taxation by
18 the State or any taxing unit therein within the State.
19 (Source: P.A. 87-230.)
20 (70 ILCS 260/1-145) (from Ch. 85, par. 7551-145)
21 Section 2-30. Sec. 1-145. Prompt payment. Purchases
22 made under this Article shall be made in compliance with the
23 Local Government Prompt Payment Act.
24 (Source: P.A. 87-230.)
25 (70 ILCS 260/1-150) (from Ch. 85, par. 7551-150)
26 Section 25-60. State appropriations for capital
27 development prohibited. Sec. 1-150. Prohibition. * * *
28 (nonstandard provisions contained in Section 25-60) * * *
29 (Source: P.A. 87-230.)
-499- LRB9000879DJcd
1 PART 30. BOWDRE TOWNSHIP CIVIC CENTER
2 (70 ILCS 305/3-1) (from Ch. 85, par. 6351)
3 Section 30-1. Short title. Sec. 3-1. * * * (nonstandard
4 provisions contained in Section 30-1) * * *
5 (Source: P.A. 85-793.)
6 (70 ILCS 305/3-2) (from Ch. 85, par. 6352)
7 Section 2-5. Definitions. Sec. 3-2. As used In this
8 Article:, unless the context otherwise requires:
9 * * *(nonstandard provisions contained in Section 30-5) *
10 * *
11 "Governmental agency" means the federal government, the
12 State of Illinois, any unit of local government or school
13 district, and any agency or instrumentality thereof.
14 "Person" means any individual, firm, partnership,
15 corporation, foreign or domestic company, association or
16 joint stock joint-stock association; and includes any
17 trustee, receiver, assignee or personal representative
18 thereof.
19 * * *(nonstandard provisions contained in Section 30-5) *
20 * *
21 (Source: P.A. 85-793.)
22 (70 ILCS 305/3-3) (from Ch. 85, par. 6353)
23 Section 2-10. Lawsuits; common seal. Sec. 3-3. * *
24 *(nonstandard provisions contained in Section 30-10) * * *
25 (a) The Authority may sue and be sued in its corporate
26 own name but execution shall not in any case issue against
27 any property of the Authority.
28 (b) The Authority may adopt a common seal and change the
29 same such seal at its pleasure. * * *(nonstandard provisions
30 contained in Section 30-10) * * *
31 (Source: P.A. 85-793.)
-500- LRB9000879DJcd
1 (70 ILCS 305/3-4) (from Ch. 85, par. 6354)
2 Section 2-17. Duties; auditorium and other buildings.
3 Sec. 3-4. It shall be the duty of the Authority to promote,
4 operate and maintain expositions, conventions, or theatrical,
5 sports or cultural activities from time to time in the
6 metropolitan area and in connection therewith to arrange,
7 finance and maintain industrial, cultural, educational,
8 theatrical, sports, trade or scientific exhibits and to lease
9 or construct, equip and maintain auditoriums, exposition
10 buildings or office buildings for such purposes.
11 The Authority is granted all rights and powers necessary
12 to perform such duties.
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/3-5) (from Ch. 85, par. 6355)
15 Section 2-21. Rights and powers. Sec. 3-5. The Authority
16 shall have the following rights and powers duties:
17 (a) To acquire, purchase, own, construct, lease as
18 lessee or in any other way acquire, improve, extend, repair,
19 reconstruct, regulate, operate, equip and maintain fair or
20 exposition grounds, convention or exhibition centers, civic
21 auditoriums, and office and municipal buildings, including
22 sites and parking areas and facilities therefor located
23 within the metropolitan area.
24 (b) To enter into contracts treating in any manner with
25 the objects and purposes of this Article.
26 (c) To plan for such grounds, centers and auditoriums
27 and to plan, sponsor, hold, arrange, and finance fairs,
28 industrial, cultural, educational, trade and scientific
29 exhibits, shows and events and to use or allow the use of
30 such grounds, centers and auditoriums for the holding of
31 fairs, exhibits, shows and events, whether conducted by the
32 Authority or some other person or governmental agency.
33 (d) To fix and collect just, reasonable and
-501- LRB9000879DJcd
1 nondiscriminatory charges and rents for the use of such
2 parking areas and facilities, grounds, centers, buildings and
3 auditoriums, and to collect admission charges to fairs,
4 shows, exhibits and events sponsored or held by the
5 Authority. The charges collected may be made available to
6 defray the reasonable expenses of the Authority and to pay
7 the principal of and the interest on any bonds issued by the
8 Authority.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/3-6) (from Ch. 85, par. 6356)
11 Section 2-25. Incurring obligations. Sec.3-6. The
12 Authority shall not incur any obligations for salaries or for
13 office or administrative expenses except within the amounts
14 of funds that which will be available to it when such
15 obligations become payable.
16 (Source: P.A. 85-793.)
17 (70 ILCS 305/3-7) (from Ch. 85, par. 6357)
18 Section 2-36. Acquisition of property from person or
19 governmental agency. Sec. 3-7. The Authority shall have the
20 power (i) to acquire and accept by purchase, lease, gift or
21 otherwise any property or rights from any person or
22 governmental agency useful for its purposes, and (ii) to
23 apply for and accept grants, matching grants, loans or
24 appropriations from the State of Illinois or any agency or
25 instrumentality thereof to be used for any of the purposes of
26 the Authority, and (iii) to enter into any agreement with the
27 State of Illinois in relation to such grants, matching
28 grants, loans or appropriations.
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/3-8) (from Ch. 85, par. 6358)
31 Section 2-40. Federal money. Sec. 3-8. The Authority
-502- LRB9000879DJcd
1 shall have the power (i) to apply for and accept grants,
2 matching grants, loans or appropriations from the federal
3 government or any agency or instrumentality thereof to be
4 used for any of the purposes of the Authority, and (ii) to
5 enter into any agreement with the federal government in
6 relation to such grants, matching grants, loans or
7 appropriations.
8 (Source: P.A. 85-793.)
9 (70 ILCS 305/3-9) (from Ch. 85, par. 6359)
10 Section 2-45. Insurance. Sec. 3-9. The Authority shall
11 have the power to procure and enter into contracts for any
12 type of insurance and indemnity against loss or damage to
13 property from any cause, against loss of use and occupancy,
14 against employers' liability, against any act of any member,
15 officer, or employee of the Board or Authority in the
16 performance of the duties of the his office or employment,
17 and or against any other insurable risk.
18 (Source: P.A. 85-793.)
19 (70 ILCS 305/3-10) (from Ch. 85, par. 6360)
20 Section 2-51. Borrowing; revenue bonds; mandamus or other
21 actions to compel performance. Sec. 3-10. The Authority
22 shall have continuing power to borrow money for the purpose
23 of carrying out and performing its duties and exercising its
24 powers under this Article.
25 For the purpose of evidencing the obligation of the
26 Authority to repay any money borrowed as aforesaid, the
27 Authority may, pursuant to an ordinance adopted by the Board,
28 from time to time issue and dispose of its interest bearing
29 revenue bonds, and may also from time to time issue and
30 dispose of its interest bearing revenue bonds to refund any
31 bonds at maturity or pursuant to redemption provisions or at
32 any time before maturity with the consent of the holders
-503- LRB9000879DJcd
1 thereof. All such bonds shall be payable solely from the
2 revenues or income to be derived from the fairs, expositions,
3 exhibitions, rentals and leases and other authorized
4 activities operated by the Authority, and from funds, if any,
5 received and to be received by the Authority from any other
6 source. Such bonds may bear such date or dates, may mature
7 at such time or times not exceeding 40 years from their
8 respective dates, may bear interest at such rate or rates,
9 not exceeding the maximum rate permitted by the Bond
10 Authorization Act "An Act to authorize public corporations to
11 issue bonds, other evidences of indebtedness and tax
12 anticipation warrants subject to interest rate limitations
13 set forth therein", approved May 26, 1970, as amended, may be
14 in such form, may carry such registration privileges, may be
15 executed in such manner, may be payable at such place or
16 places, may be made subject to redemption in such manner and
17 upon such terms, with or without premium as is stated on the
18 face thereof, may be executed in such manner and may contain
19 such terms and covenants, all as may be provided in the
20 ordinance. In case any officer whose signature appears on
21 any bond ceases (after attaching his signature) to hold
22 office,; his signature shall nevertheless be valid and
23 effective for all purposes. The holder or holders of any
24 bonds, or interest coupons appertaining thereto, issued by
25 the Authority may bring mandamus, injunction, or other civil
26 actions or and proceedings to compel the performance and
27 observance by the Authority or any of its officers, agents or
28 employees of or any contract or covenant made by the
29 Authority with the holders of such bonds or interest coupons,
30 and to compel the Authority and any of its officers, agents
31 or employees to perform any duties required to be performed
32 for the benefit of the holders of any such bonds or interest
33 coupons by the provisions of the ordinance authorizing their
34 issuance, and to enjoin the Authority and any of its
-504- LRB9000879DJcd
1 officers, agents or employees from taking any action in
2 conflict with any such contract or covenant.
3 Notwithstanding the form and tenor of any such bonds and
4 in the absence of any express recital on the face thereof
5 that it is non-negotiable, all such bonds shall be negotiable
6 instruments under the Uniform Commercial Code of the State of
7 Illinois.
8 From and after the issuance of any bonds as herein
9 provided it shall be the duty of the corporate authorities of
10 the Authority to fix and establish rates, charges, rents, and
11 fees for the use of facilities acquired, constructed,
12 reconstructed, extended or improved with the proceeds of the
13 sale of said bonds sufficient at all times, with other
14 revenues of the Authority, to pay:
15 (a) the cost of leasing, maintaining, repairing,
16 regulating and operating the facilities; and
17 (b) the bonds and interest thereon as they shall become
18 due, and all sinking fund requirements and other requirements
19 provided by the ordinance authorizing the issuance of the
20 bonds or as provided by any trust agreement executed to
21 secure payment thereof.
22 To secure the payment of any or all of such bonds and for
23 the purpose of setting forth the covenants and undertakings
24 of the Authority in connection with the issuance thereof and
25 the issuance of any additional bonds payable from such
26 revenue income to be derived from the fairs, recreational,
27 theatrical or cultural expositions, sport activities,
28 exhibitions, office rentals, and air space leases and
29 rentals, and other revenue, if any, the Authority may execute
30 and deliver a trust agreement or agreements; provided that no
31 lien upon any physical property of the Authority shall be
32 created thereby.
33 A remedy for any breach or default of the terms of any
34 such trust agreement by the Authority may be by mandamus,
-505- LRB9000879DJcd
1 injunction, or other civil actions or and proceedings in any
2 court of competent jurisdiction to compel performance and
3 compliance therewith, but the trust agreement may prescribe
4 by whom or on whose behalf such action may be instituted.
5 Before any such bonds (excepting refunding bonds) are
6 sold, the entire authorized issue, or any part thereof, shall
7 be offered for sale as a unit after advertising for bids at
8 least 3 times in a daily newspaper of general circulation
9 published in the metropolitan area, the last publication to
10 be at least 10 days before bids are required to be filed.
11 Copies of such advertisement may be published in any
12 newspaper or financial publication in the United States. All
13 bids shall be sealed, filed and opened as provided by
14 ordinance and the bonds shall be awarded to the highest and
15 best bidder or bidders therefor. The Authority shall have
16 the right to reject all bids and readvertise for bids in the
17 manner provided for in the initial advertisement. However,
18 if no bids are received such bonds may be sold at not less
19 than par value, without further advertising, within 60 days
20 after the bids are required to be filed pursuant to any
21 advertisement.
22 (Source: P.A. 85-793.)
23 (70 ILCS 305/3-11) (from Ch. 85, par. 6361)
24 Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
25 * * *(nonstandard provisions contained in Section 30-12)* * *
26 (Source: P.A. 85-793.)
27 (70 ILCS 305/3-12) (from Ch. 85, par. 6362)
28 Section 30-13. Investment in bonds. Sec. 3-12. * *
29 *(nonstandard provisions contained in Section 30-13)* * *
30 (Source: P.A. 85-793.)
31 (70 ILCS 305/3-13) (from Ch. 85, par. 6363)
-506- LRB9000879DJcd
1 Section 2-75. Board members; financial matters; conflict
2 of interest. Sec. 3-13. * * *(nonstandard provisions
3 contained in Section 30-15) * * * The members of the Board
4 shall serve without compensation, but shall be reimbursed for
5 actual expenses incurred by them in the performance of their
6 duties.
7 No member of the Board or employee of the Authority shall
8 have any private financial interest, profit or benefit in any
9 contract, work or business of the Authority or nor in the
10 sale or lease of any property to or from the Authority.
11 (Source: P.A. 85-793.)
12 (70 ILCS 305/3-14) (from Ch. 85, par. 6364)
13 Section 30-20. Board members appointed Sec. 3-14.* *
14 *(nonstandard provisions contained in Section 30-20)* * *
15 (Source: P.A. 85-1371.)
16 (70 ILCS 305/3-15) (from Ch. 85, par. 6365)
17 Section 30-25. Board members; concurrent offices. Sec.
18 3-15.* * *(nonstandard provisions contained in Section 30-25)
19 * * *
20 (Source: P.A. 85-1371.)
21 (70 ILCS 305/3-16) (from Ch. 85, par. 6366)
22 Section 2-90. Organization of the Board. Sec. 3-16. As
23 soon as practicably possible after the appointment of the
24 initial members practicable, the Board shall organize for the
25 transaction of business, select a chairman and a temporary
26 secretary from its own number, and adopt by-laws and
27 regulations to govern its proceedings. The initial chairman
28 and his successors shall be elected by the Board from time to
29 time for the term of the chairman's his office as a member of
30 the Board or for the a term of 3 years, whichever is shorter.
31 (Source: P.A. 85-793.)
-507- LRB9000879DJcd
1 (70 ILCS 305/3-17) (from Ch. 85, par. 6367)
2 Section 2-95. Meetings; action by 5 Board members. Sec.
3 3-17. Regular meetings of the Board shall be held at least
4 once in each calendar month, the time and place of such
5 meetings to be fixed by the Board.
6 Five members of the Board shall constitute a quorum for
7 the transaction of business. All action of the Board shall
8 be by ordinance or resolution and the affirmative vote of at
9 least 5 members shall be necessary for the adoption of any
10 ordinance or resolution.
11 All ordinances, resolutions and records of proceedings of
12 the Authority, and all documents and records in its
13 possession, shall be public records, and open to public
14 inspection, except such documents and records as shall be
15 kept or prepared by the Board for use in negotiations,
16 actions or proceedings to which the Authority is a party.
17 (Source: P.A. 85-1371.)
18 (70 ILCS 305/3-18) (from Ch. 85, par. 6368)
19 Section 2-101. Secretary; treasurer; funds deposited in
20 bank or savings and loan association. Sec. 3-18. The Board
21 shall appoint a secretary and a treasurer, who need not be
22 members of the Board, to hold office during at the pleasure
23 of the Board, and shall fix their duties and compensation.
24 Before entering upon the their duties of their respective
25 offices they shall take and subscribe the constitutional oath
26 of office, and the treasurer shall execute a bond with
27 corporate sureties to be approved by the Board. The bond
28 shall be payable to the Authority in whatever penal sum may
29 be directed upon the faithful performance of the duties of
30 the office and the payment of all money received by the
31 treasurer him according to law and the orders of the Board.
32 The Board may, at any time, require a new bond from the
33 treasurer in such penal sum as may then be determined by the
-508- LRB9000879DJcd
1 Board. The obligation of the sureties shall not extend to
2 any loss sustained by the insolvency, failure or closing of
3 any savings and loan association or national or State bank
4 wherein the treasurer has deposited funds if the bank or
5 savings and loan association has been approved by the Board
6 as a depository for those these funds. The oaths of office
7 and the treasurer's bond shall be filed in the principal
8 office of the Authority.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/3-19) (from Ch. 85, par. 6369)
11 Section 2-106. Funds; compliance with Public Funds
12 Investment Act. Sec. 3-19. All funds deposited by the
13 treasurer in any bank or savings and loan association shall
14 be placed in the name of the Authority and shall be withdrawn
15 or paid out only by check or draft upon the bank or savings
16 and loan association, signed by the treasurer and
17 countersigned by the chairman of the Board. The Board may
18 designate any of its members or any officer or employee of
19 the Authority to affix the signature of the chairman and
20 another to affix the signature of the treasurer to any check
21 or draft for payment of salaries or wages and for payment of
22 any other obligation of not more than $2,500.
23 No bank or savings and loan association shall receive
24 public funds as permitted by this Section, unless it has
25 complied with the requirements established pursuant to
26 Section 6 of the Public Funds Investment Act. "An Act
27 relating to certain investments of public funds by public
28 agencies", approved July 23, 1943, as now or hereafter
29 amended.
30 (Source: P.A. 85-793.)
31 (70 ILCS 305/3-20) (from Ch. 85, par. 6370)
32 Section 2-110. Signatures on checks or drafts. Sec.
-509- LRB9000879DJcd
1 3-20. In case any officer whose signature appears upon any
2 check or draft, issued pursuant to this Article, ceases
3 (after attaching his signature) to hold his office after
4 attaching his or her signature and before the delivery of the
5 check or draft thereof to the payee, that his signature
6 nevertheless shall be valid and sufficient for all purposes
7 with the same effect as if the officer he had remained in
8 office until delivery thereof.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/3-21) (from Ch. 85, par. 6371)
11 Section 2-115. General manager; other appointments. Sec.
12 3-21. The Board may appoint a general manager who shall be a
13 person of recognized ability and business experience, to hold
14 office during at the pleasure of the Board. The general
15 manager shall have management of manage the properties and
16 business of the Authority and of the employees thereof
17 subject to the general control of the Board, and shall direct
18 the enforcement of all ordinances, resolutions, rules and
19 regulations of the Board, and shall perform such other duties
20 as may be prescribed from time to time by the Board.
21 The Board may appoint a general attorney and a chief
22 engineer and shall provide for the appointment of such other
23 officers, attorneys, engineers, planners, consultants, agents
24 and employees as may be necessary. The Board shall define
25 their duties and require bonds of such of them as the Board
26 may designate.
27 The general manager, general attorney, chief engineer,
28 and all other officers provided for pursuant to this Section
29 shall be exempt from taking and subscribing any oath of
30 office and shall not be members of the Board.
31 The compensation of the general manager, general
32 attorney, chief engineer, and all other officers, attorneys,
33 planners, consultants, agents and employees shall be fixed by
-510- LRB9000879DJcd
1 the Board.
2 (Source: P.A. 85-793.)
3 (70 ILCS 305/3-22) (from Ch. 85, par. 6372)
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties. Sec. 3-22. The Board shall have power to pass
6 all ordinances and make all rules and regulations proper or
7 necessary to carry into effect the powers granted to the
8 Authority, with such fines or penalties as may be deemed
9 proper. All fines and penalties shall be imposed by
10 ordinance, which shall be published in a newspaper of general
11 circulation published in the metropolitan area. No such
12 ordinance imposing a fine or penalty shall take effect until
13 10 days after its publication.
14 (Source: P.A. 85-793.)
15 (70 ILCS 305/3-23) (from Ch. 85, par. 6373)
16 Section 2-127. Contracts; award to other than highest or
17 lowest bidder by four-fifths vote. Sec. 3-23. All contracts
18 for sale of property of the value of more than $2500, or for
19 a concession in or lease of property, including air rights,
20 of the Authority for a term of more than one year, shall be
21 awarded to the highest responsible bidder, after advertising
22 for bids. All construction contracts and contracts for
23 supplies, materials, equipment and services, when the expense
24 thereof will exceed $2500, shall be let to the lowest
25 responsible bidder, after advertising for bids, except: (1)
26 when repair parts, accessories, equipment or services are
27 required for equipment or services previously furnished or
28 contracted for; (2) when the nature of the services required
29 is such that competitive bidding is not in the best interest
30 of the public, including, without limiting the generality of
31 the foregoing, the services of accountants, architects,
32 attorneys, engineers, physicians, superintendents of
-511- LRB9000879DJcd
1 construction, and others possessing a high degree of skill;
2 and (3) when services such as water, light, heat, power,
3 telephone or telegraph are required.
4 All contracts involving less than $2500 shall be let by
5 competitive bidding to the lowest responsible bidder whenever
6 possible, and in any event in a manner calculated to ensure
7 insure the best interests of the public.
8 In determining the responsibility of any bidder, the
9 Board may take into account the past record of dealings with
10 the bidder, the bidder's experience, adequacy of equipment,
11 and ability to complete performance within the time set, and
12 other factors besides financial responsibility, but in no
13 case shall any such contract be awarded to any other than the
14 highest bidder (in case of sale, concession or lease), or the
15 lowest bidder (in case of purchase or expenditure), unless
16 authorized or approved by a vote of at least 4/5 of the
17 members of the Board, and unless such action is accompanied
18 by a statement in writing setting forth the reasons for not
19 awarding the contract to the highest or lowest bidder, as the
20 case may be, which statement shall be kept on file in the
21 principal office of the Authority and open to public
22 inspection.
23 Members of the Board, officers and employees of the
24 Authority, and their relatives within the fourth degree of
25 consanguinity by the terms of the civil law, are forbidden to
26 be interested directly or indirectly in any contract for
27 construction or maintenance work or for the delivery of
28 materials, supplies or equipment.
29 The Board shall have the right to reject all bids and to
30 readvertise for bids. If after any such advertisement no
31 responsible and satisfactory bid, within the terms of the
32 advertisement, shall be received, the Board may award such
33 contract, without competitive bidding, provided that it shall
34 not be less advantageous to the Authority than any valid bid
-512- LRB9000879DJcd
1 received pursuant to advertisement.
2 The Board shall adopt rules and regulations to carry into
3 effect the provisions of this Section.
4 (Source: P.A. 85-793.)
5 (70 ILCS 305/3-24) (from Ch. 85, par. 6374)
6 Section 2-130. Bids and advertisements. Sec. 3-24.
7 Advertisements for bids shall be published at least twice in
8 a daily newspaper of general circulation published in the
9 metropolitan area, the last publication to be at least 10
10 calendar days before the time for receiving bids, and such
11 advertisements shall also be posted on readily accessible
12 bulletin boards in the principal office of the Authority.
13 Such advertisements shall state the time and place for
14 receiving and opening of bids, and, by reference to plans and
15 specifications on file at the time of the first publication,
16 or in the advertisement itself, shall describe the character
17 of the proposed contract in sufficient detail to fully advise
18 prospective bidders of their obligations and to ensure insure
19 free and open competitive bidding.
20 All bids in response to advertisements shall be sealed
21 and shall be publicly opened by the Board, and all bidders
22 shall be entitled to be present in person or by
23 representatives. Cash or a certified or satisfactory
24 cashier's check, as a deposit of good faith, in a reasonable
25 amount to be fixed by the Board before advertising for bids,
26 shall be required with the proposal of each bidder. Bond for
27 faithful performance of the contract with surety or sureties
28 satisfactory to the Board and adequate insurance may be
29 required in reasonable amounts to be fixed by the Board
30 before advertising for bids.
31 The contract shall be awarded as promptly as possible
32 after the opening of bids. The bid of the successful bidder,
33 as well as the bids of the unsuccessful bidders, shall be
-513- LRB9000879DJcd
1 placed on file and be open to public inspection. All bids
2 shall be void if any disclosure of the terms of any bid in
3 response to an advertisement is made or permitted to be made
4 by the Board before the time fixed for opening bids.
5 (Source: P.A. 85-793.)
6 (70 ILCS 305/3-25) (from Ch. 85, par. 6375)
7 Section 30-30. Report and financial statement. Sec.
8 3-25. * * *(nonstandard provisions contained in Section
9 30-30) * * *
10 (Source: P.A. 85-793.)
11 (70 ILCS 305/3-26) (from Ch. 85, par. 6376)
12 Section 2-150. Tax exemption. Sec. 3-26. All property of
13 the Authority shall be exempt from taxation by the State or
14 any taxing unit therein.
15 (Source: P.A. 85-793.)
16 (70 ILCS 305/3-27) (from Ch. 85, par. 6377)
17 Section 2-145. Antitrust laws. Sec. 3-27. The Authority
18 is expressly made the beneficiary of the provisions of
19 Section 1 of the Local Government Antitrust Exemption Act "An
20 Act to make explicit the authorization for units of local
21 government and certain other governmental bodies to act as
22 permitted by statute or the Illinois Constitution,
23 notwithstanding effects on competition", amendatory veto
24 overridden November 3, 1983, and the General Assembly intends
25 that the "State action exemption" to the application of the
26 federal antitrust anti-trust laws be fully available to the
27 Authority to the extent its activities are either (1)
28 expressly or by necessary implication authorized by this
29 Article or other Illinois law, or (2) within traditional
30 areas of local governmental activity.
31 (Source: P.A. 85-793.)
-514- LRB9000879DJcd
1 (70 ILCS 305/3-28) (from Ch. 85, par. 6378)
2 Section 2-140. State financial support. Sec. 3-28. The
3 Authority created by this Article shall receive financial
4 support from the State in the amounts provided for in Section
5 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/3-29) (from Ch. 85, par. 6379)
8 Section 2-30. Prompt payment. Sec. 3-29. Purchases made
9 under pursuant to this Article shall be made in compliance
10 with the "Local Government Prompt Payment Act", as now or
11 hereafter amended.
12 (Source: P.A. 85-793.)
13 PART 35. BROWNSTOWN PARK DISTRICT CIVIC CENTER
14 (70 ILCS 220/5-1) (from Ch. 85, par. 4901)
15 Section 2-3. Purpose. Sec. 5-1. The purpose of this
16 Article Act is to accomplish the aims of the State of
17 Illinois to enhance the ability of its citizens to avail
18 themselves of civic and cultural centers geographically
19 situated throughout the entire State of Illinois.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/5-2) (from Ch. 85, par. 4902)
22 Section 35-1. Short title. Sec. 5-2. * * * (nonstandard
23 provisions contained in Section 35-1) * * *
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/5-3) (from Ch. 85, par. 4903)
26 Section 2-5. Definitions. Sec. 5-3. When used In this
27 Article Act:
28 * * * (nonstandard provisions contained in Section 35-5)
29 * * *
30 "Governmental agency" means the federal government, the
-515- LRB9000879DJcd
1 State, and any unit of local government or school district
2 governmental body, and any agency or instrumentality,
3 corporate or otherwise, thereof.
4 "Person" means any individual, firm, partnership,
5 corporation, both domestic and foreign, company, association
6 or joint stock association; and includes any trustee,
7 receiver, assignee or personal representative thereof.
8 * * * (nonstandard provisions contained in Section 35-5)
9 * * *
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/5-4) (from Ch. 85, par. 4904)
12 Section 2-10. Lawsuits; common seal. Sec. 5-4. * * *
13 (nonstandard provisions contained in Section 35-10) * * *
14 (a) The Authority may sue and be sued in its corporate
15 name but execution shall not in any case issue against any
16 property of the Authority.
17 (b) The Authority It may adopt a common seal and change
18 the same at pleasure. * * * (nonstandard provisions contained
19 in Section 35-10) * * *
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/5-5) (from Ch. 85, par. 4905)
22 Section 2-15. Duties; auditorium, recreational, and
23 other buildings; lease of space. Sec. 5-5. It shall be the
24 duty of the Authority to promote, operate and maintain
25 expositions, conventions, and theatrical, sports and cultural
26 activities from time to time in the metropolitan area and in
27 connection therewith to arrange, finance and maintain
28 industrial, cultural, educational, theatrical, sports, trade
29 and scientific exhibits and to construct, equip and maintain
30 auditorium, exposition, recreational and office buildings for
31 such purposes.
32 The provision of office space for lease and rental and
-516- LRB9000879DJcd
1 the lease of air space over and appurtenant to such
2 structures shall be deemed an integral function of the
3 Authority.
4 The Authority is granted all rights and powers necessary
5 to perform such duties.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/5-6) (from Ch. 85, par. 4906)
8 Section 2-20. Rights and powers, including eminent
9 domain. Sec. 5-6. The Authority shall have the following
10 rights and powers duties:
11 (a) To acquire, purchase, own, construct, lease as
12 lessee or in any other way acquire, improve, extend, repair,
13 reconstruct, regulate, operate, equip and maintain exhibition
14 centers, civic auditoriums, cultural facilities and office
15 buildings, including sites and parking areas and commercial
16 facilities therefor located within the metropolitan area;
17 (b) To plan for such grounds, centers and auditoriums
18 and to plan, sponsor, hold, arrange and finance fairs,
19 industrial, cultural, educational, trade and scientific
20 exhibits, shows and events and to use or allow the use of
21 such grounds, centers, and auditoriums for the holding of
22 fairs, exhibits, shows and events whether conducted by the
23 Authority or some other person or governmental agency;
24 (c) To exercise the right of eminent domain to acquire
25 sites for such grounds, centers, buildings and auditoriums,
26 and parking areas and facilities in the manner provided for
27 the exercise of the right of eminent domain under Article VII
28 of the Code of Civil Procedure, as amended;
29 (d) To fix and collect just, reasonable and
30 nondiscriminatory charges and rents for the use of such
31 parking areas and facilities, grounds, centers, buildings and
32 auditoriums and admission charges to fairs, shows, exhibits
33 and events sponsored or held by the Authority. The charges
-517- LRB9000879DJcd
1 collected may be made available to defray the reasonable
2 expenses of the Authority and to pay the principal of and the
3 interest on any bonds issued by the Authority;
4 (e) To enter into contracts treating in any manner with
5 the objects and purposes of this Article.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/5-7) (from Ch. 85, par. 4907)
8 Section 2-25. Incurring obligations. Sec. 5-7. The
9 Authority shall not incur any obligations for salaries or
10 for, office or administrative expenses except within the
11 amounts of funds that which will be available to it when such
12 obligations become payable.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/5-8) (from Ch. 85, par. 4908)
15 Section 2-35. Acquisition of property from person,
16 State, or local agency. Sec. 5-8. The Authority shall have
17 power (i) to acquire and accept by purchase, lease, gift or
18 otherwise any property or rights useful for the Authority's
19 purposes from any person or persons, from any municipal
20 corporation, body politic, or agency of the State, or from
21 the State itself, (ii) useful for its purposes, and to apply
22 for and accept grants, matching grants, loans or
23 appropriations from the State of Illinois or any agency or
24 instrumentality thereof to be used for any of the purposes of
25 the Authority, and (iii) to enter into any agreement with the
26 State of Illinois in relation to such grants, matching
27 grants, loans or appropriations.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/5-9) (from Ch. 85, par. 4909)
30 Section 2-40. Federal money. Sec. 5-9. The Authority
31 shall have the power (i) to apply for and accept grants,
-518- LRB9000879DJcd
1 matching grants, loans or appropriations from the federal
2 government or any agency or instrumentality thereof to be
3 used for any of the purposes of the Authority and (ii) to
4 enter into any agreement with the federal government in
5 relation to such grants, matching grants, loans or
6 appropriations.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/5-10) (from Ch. 85, par. 4910)
9 Section 2-45. Insurance. Sec. 5-10. The Authority shall
10 have the power to procure and enter into contracts for any
11 type of insurance and indemnity against loss or damage to
12 property from any cause, against loss of use and occupancy,
13 against employers' liability, against any act of any member,
14 officer, or employee of the Board or Authority in the
15 performance of the duties of the his office or employment,
16 and against or any other insurable risk.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/5-11) (from Ch. 85, par. 4911)
19 Section 2-50. Borrowing; revenue bonds; suits to compel
20 performance. Sec. 5-11. The Authority shall have continuing
21 power to borrow money for the purpose of carrying out and
22 performing its duties and exercising its powers under this
23 Article Act.
24 For the purpose of evidencing the obligation of the
25 Authority to repay any money borrowed as aforesaid, the
26 Authority may, pursuant to an ordinance adopted by the Board,
27 from time to time issue and dispose of its interest bearing
28 revenue bonds, and may also from time to time issue and
29 dispose of its interest bearing revenue bonds to refund any
30 bonds at maturity or pursuant to redemption provisions or at
31 any time before maturity with the consent of the holders
32 thereof. All such bonds shall be payable solely from the
-519- LRB9000879DJcd
1 revenues or income to be derived from the fairs, expositions,
2 exhibitions, rentals and leases and other authorized
3 activities operated by it, and from funds, if any, received
4 and to be received by the Authority from any other source.
5 Such bonds may bear such date or dates, may mature at such
6 time or times not exceeding 40 forty years from their
7 respective dates, may bear interest at such rate or rates,
8 not exceeding the maximum rate permitted by the Bond
9 Authorization Act "An Act to authorize public corporations to
10 issue bonds, other evidences of indebtedness and tax
11 anticipation warrants subject to interest rate limitations
12 set forth therein", approved May 26, 1970, as amended, may be
13 in such form, may carry such registration privileges, may be
14 executed in such manner, may be payable at such place or
15 places, may be made subject to redemption in such manner and
16 upon such terms, with or without premium as is stated on the
17 face thereof, may be executed in such manner, and may contain
18 such terms and covenants, all as may be provided in said
19 ordinance. In case any officer whose signature appears on any
20 bond ceases (after attaching his signature) to hold office,
21 his signature shall nevertheless be valid and effective for
22 all purposes. The holder or holders of any bonds, or interest
23 coupons appertaining thereto issued by the Authority may
24 bring suits at law or proceedings in equity to compel the
25 performance and observance by the Authority or any of its
26 officers, agents or employees of or any contract or covenant
27 made by the Authority with the holders of such bonds or
28 interest coupons, and to compel the Authority or and any of
29 its officers, agents or employees to perform any duties
30 required to be performed for the benefit of the holders of
31 any such bonds or interest coupons by the provisions of the
32 ordinance authorizing their issuance, and to enjoin the
33 Authority and any of its officers, agents or employees from
34 taking any action in conflict with any such contract or
-520- LRB9000879DJcd
1 covenant.
2 Notwithstanding the form and tenor of any such bonds and
3 in the absence of any express recital on the face thereof
4 that it is non-negotiable, all such bonds shall be negotiable
5 instruments under the Uniform Commercial Code.
6 From and after the issuance of any bonds as herein
7 provided it shall be the duty of the corporate authorities of
8 the Authority to fix and establish rates, charges, rents, and
9 fees for the use of facilities acquired, constructed,
10 reconstructed, extended or improved with the proceeds of the
11 sale of said bonds sufficient at all times, with other
12 revenues of the Authority, to pay:
13 (a) the cost of maintaining, repairing, regulating and
14 operating the said facilities; and
15 (b) the bonds and interest thereon as they shall become
16 due, and all sinking fund requirements and other requirements
17 provided by the ordinance authorizing the issuance of the
18 bonds or as provided by any trust agreement executed to
19 secure payment thereof.
20 To secure the payment of any or all of such bonds and for
21 the purpose of setting forth the covenants and undertakings
22 of the Authority in connection with the issuance thereof and
23 the issuance of any additional bonds payable from such
24 revenue income to be derived from the fairs, recreational,
25 theatrical, and cultural, expositions, sports sport
26 activities, exhibitions, office rentals, and air space leases
27 and rentals, and from other revenue, if any, the Authority
28 may execute and deliver a trust agreement or agreements;
29 provided that no lien upon any physical property of the
30 Authority shall be created thereby.
31 A remedy for any breach or default of the terms of any
32 such trust agreement by the Authority may be by mandamus
33 proceedings in any court of competent jurisdiction to compel
34 performance and compliance therewith, but the trust agreement
-521- LRB9000879DJcd
1 may prescribe by whom or on whose behalf such action may be
2 instituted.
3 Before any such bonds (excepting refunding bonds) are
4 sold, the entire authorized issue, or any part thereof, shall
5 be offered for sale as a unit after advertising for bids at
6 least 3 three times in a daily newspaper of general
7 circulation published in the metropolitan area, the last
8 publication to be at least 10 ten days before bids are
9 required to be filed. Copies of such advertisement may be
10 published in any newspaper or financial publication in the
11 United States. All bids shall be sealed, filed and opened as
12 provided by ordinance and the bonds shall be awarded to the
13 highest and best bidder or bidders therefor. The Authority
14 shall have the right to reject all bids and to readvertise
15 for bids in the manner provided for in the initial
16 advertisement. However, if no bids are received such bonds
17 may be sold at not less than par value, without further
18 advertising, within 60 days after the bids are required to be
19 filed pursuant to any advertisement.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/5-12) (from Ch. 85, par. 4912)
22 Section 2-55. Bonds; nature of indebtedness. Sec. 5-12.
23 Under no circumstances shall any bonds issued by the
24 Authority be or become an indebtedness or obligation of the
25 State of Illinois or of any other political subdivision of or
26 municipality within the State, nor shall any such bond or
27 obligation be or become an indebtedness of the Authority
28 within the purview of any constitutional limitation or
29 provision, and it shall be plainly stated on the face of each
30 such bond that it does not constitute such an indebtedness or
31 obligation but is payable solely from the revenues or income
32 as provided in this Article aforesaid.
33 (Source: P.A. 84-245.)
-522- LRB9000879DJcd
1 (70 ILCS 220/5-13) (from Ch. 85, par. 4913)
2 Section 2-60. Investment in bonds. Sec. 5-13. The State
3 and all counties, cities, villages, incorporated towns and
4 other municipal corporations, political subdivisions and
5 public bodies, and public officers of any thereof;, all
6 banks, bankers, trust companies, savings banks and
7 institutions, building and loan associations, savings and
8 loan associations, investment companies and other persons
9 carrying on an insurance business; and all executors,
10 administrators, guardians, trustees and other fiduciaries may
11 legally invest any sinking funds, moneys or other funds
12 belonging to them or within their control in any bonds issued
13 pursuant to this Article, it being the purpose of this
14 Section to authorize the investment in such bonds of all
15 sinking, insurance, retirement, compensation, pension and
16 trust funds, whether owned or controlled by private or public
17 persons or officers; provided, however, that nothing
18 contained in this Section may be construed as relieving any
19 person from any duty of exercising reasonable care in
20 selecting securities for investment.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/5-14) (from Ch. 85, par. 4914)
23 Section 2-75. Board members; financial matters; conflict
24 of interest. Sec. 5-14. * * * (nonstandard provisions
25 contained in Section 35-15) * * * The members of the Board
26 shall serve without compensation, but shall be reimbursed for
27 actual expenses incurred by them in the performance of their
28 duties.
29 No member of the Board or employee of the Authority shall
30 have any private financial interest, profit or benefit in any
31 contract, work or business of the Authority or nor in the
32 sale or lease of any property to or from the Authority.
33 (Source: P.A. 84-245.)
-523- LRB9000879DJcd
1 (70 ILCS 220/5-15) (from Ch. 85, par. 4915)
2 Section 2-80. Board members' oath. Sec. 5-15. * * *
3 (nonstandard provisions contained in Section 35-20) * * *
4 Within 30 days after certification of his appointment, and
5 before entering upon the duties of his office, each member of
6 the Board shall take and subscribe the constitutional oath of
7 office and file it in the office of the Secretary of State.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/5-16) (from Ch. 85, par. 4916)
10 Section 2-85. Board members; vacancy in office. Sec.
11 5-16. Members of the Board shall hold office until their
12 respective successors have been appointed and qualified. Any
13 member may resign from his office; the resignation takes to
14 take effect when the member's his successor has been
15 appointed and has qualified. * * * (nonstandard provisions
16 contained in Section 35-25) * * *
17 In case of failure to qualify within the time required,
18 or of abandonment of his office, or in case of death,
19 conviction of a felony or removal from office, a member's his
20 office shall become vacant. Each vacancy shall be filled for
21 the unexpired term by appointment in like manner, as in the
22 case of expiration of the term of a member of the Board.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/5-17) (from Ch. 85, par. 4917)
25 Section 2-90. Organization of the Board. Sec. 5-17. As
26 soon as practicably possible after the appointment of the
27 initial members, the Board shall organize for the transaction
28 of business, select a chairman and a temporary secretary from
29 its own number, and adopt by-laws and regulations to govern
30 its proceedings. The initial chairman and his successors
31 shall be elected by the Board from time to time for the term
32 of the chairman's his office as a member of the Board or for
-524- LRB9000879DJcd
1 the term of 3 years, whichever is shorter.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/5-18) (from Ch. 85, par. 4918)
4 Section 2-95. Meetings; action by 5 Board members. Sec.
5 5-18. Regular meetings of the Board shall be held at least
6 once in each calendar month, the time and place of such
7 meetings to be fixed by the Board.
8 Five members of the Board shall constitute a quorum for
9 the transaction of business. All actions of the Board shall
10 be by ordinance or resolution and the affirmative vote of at
11 least 5 members shall be necessary for the adoption of any
12 ordinance or resolution.
13 All ordinances, resolutions and all proceedings of the
14 Authority and all documents and records in its possession
15 shall be public records, and open to public inspection,
16 except such documents and records as shall be kept or
17 prepared by the Board for use in negotiations, actions action
18 or proceedings to which the Authority is a party.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/5-19) (from Ch. 85, par. 4919)
21 Section 2-100. Secretary; treasurer. Sec. 5-19. The
22 Board shall appoint a secretary and a treasurer, who need not
23 be members of the Board, to hold office during the pleasure
24 of the Board, and shall fix their duties and compensation.
25 Before entering upon the duties of their respective offices
26 they shall take and subscribe the constitutional oath of
27 office, and the treasurer shall execute a bond with corporate
28 sureties to be approved by the Board. The bond shall be
29 payable to the Authority in whatever penal sum may be
30 directed upon the faithful performance of the duties of the
31 office and the payment of all money received by the treasurer
32 him according to law and the orders of the Board. The Board
-525- LRB9000879DJcd
1 may, at any time, require a new bond from the treasurer in a
2 such penal sum as may then be determined by the Board. The
3 obligation of the sureties shall not extend to any loss
4 sustained by the insolvency, failure or closing of any
5 national or state bank wherein the treasurer has deposited
6 funds if the bank has been approved by the Board as a
7 depositary for those these funds. The oaths of office and
8 the treasurer's bond shall be filed in the principal office
9 of the Authority.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/5-20) (from Ch. 85, par. 4920)
12 Section 2-105. Funds. Sec. 5-20. All funds deposited by
13 the treasurer in any bank shall be placed in the name of the
14 Authority and shall be withdrawn or paid out only by check or
15 draft upon the bank, signed by the treasurer and
16 countersigned by the chairman of the Board. The Board may
17 designate any of its members or any officer or employee of
18 the Authority to affix the signature of the chairman and
19 another to affix the signature of the treasurer to any check
20 or draft for payment of salaries or wages and for payment of
21 any other obligation of not more than $2,500.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/5-21) (from Ch. 85, par. 4921)
24 Section 2-110. Signatures on checks or drafts. Sec.
25 5-21. In case any officer whose signature appears upon any
26 check or draft, issued pursuant to this Article Act, ceases
27 (after attaching his signature) to hold his office after
28 attaching his or her signature and before the delivery of the
29 check or draft thereof to the payee, that his signature
30 nevertheless shall be valid and sufficient for all purposes
31 with the same effect as if the officer he had remained in
32 office until delivery.
-526- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/5-22) (from Ch. 85, par. 4922)
3 Section 2-115. General manager; other appointments. Sec.
4 5-22. The Board may appoint a general manager who shall be a
5 person of recognized ability and business experience, to hold
6 office during the pleasure of the Board. The general manager
7 shall have management of the properties and business of the
8 Authority and of the employees thereof subject to the general
9 control of the Board, shall direct the enforcement of all
10 ordinances, resolutions, rules and regulations of the Board,
11 and shall perform such other duties as may be prescribed from
12 time to time by the Board.
13 The Board may appoint a general attorney and a chief
14 engineer and shall provide for the appointment of such other
15 officers, attorneys, engineers, planners, consultants, agents
16 and employees as may be necessary. The Board It shall define
17 their duties and require bonds of such of them as the Board
18 may designate.
19 The general manager, general attorney, chief engineer,
20 and all other officers provided for pursuant to this Section
21 shall be exempt from taking and subscribing any oath of
22 office and shall not be members of the Board.
23 The compensation of the general manager, general
24 attorney, chief engineer, and all other officers, attorneys,
25 planners, consultants, agents and employees shall be fixed by
26 the Board.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/5-23) (from Ch. 85, par. 4923)
29 Section 2-122. Rules and regulations; penalties. Sec.
30 5-23. The Board shall have power to make all rules and
31 regulations proper or necessary to carry into effect the
32 powers granted to the Authority, with such penalties as may
-527- LRB9000879DJcd
1 be deemed proper.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/5-24) (from Ch. 85, par. 4924)
4 Section 2-125. Contracts; award to other than highest or
5 lowest bidder by vote of 5 Board members. Sec. 5-24. All
6 contracts for the sale of property of the value of more than
7 $2,500 or for a concession in or lease of property, including
8 air rights, of the Authority for a term of more than one year
9 shall be awarded to the highest responsible bidder, after
10 advertising for bids. All construction contracts and
11 contracts for supplies, materials, equipment and services,
12 when the expense thereof will exceed $2,500, shall be let to
13 the lowest responsible bidder, after advertising for bids,
14 excepting (1) when repair parts, accessories, equipment or
15 services are required for equipment or services previously
16 furnished or contracted for; (2) when the nature of the
17 services required is such that competitive bidding is not in
18 the best interest of the public, including, without limiting
19 the generality of the foregoing, the services of accountants,
20 architects, attorneys, engineers, physicians, superintendents
21 of construction, and others possessing a high degree of
22 skill; and (3) when services such as water, light, heat,
23 power, telephone or telegraph are required.
24 All contracts involving less than $2,500 shall be let by
25 competitive bidding to the lowest responsible bidder whenever
26 possible, and in any event in a manner calculated to ensure
27 insure the best interests of the public. Competitive bidding
28 is not required for the lease of real estate or buildings
29 owned or controlled by the Authority. The Board is empowered
30 to offer such leases upon such terms as it deems advisable.
31 In determining the responsibility of any bidder, the
32 Board may take into account the past record of dealings with
33 the bidder, the bidder's experience, adequacy of equipment,
-528- LRB9000879DJcd
1 and ability to complete performance within the time set, and
2 other factors besides financial responsibility, but in no
3 case shall any such contracts be awarded to any other than
4 the highest bidder (in case of sale, concession or lease) or
5 the lowest bidder (in case of purchase or expenditure) unless
6 authorized or approved by a vote of at least 5 members of the
7 Board, and unless such action is accompanied by a statement
8 in writing setting forth the reasons for not awarding the
9 contract to the highest or lowest bidder, as the case may be,
10 which statement shall be kept on file in the principal office
11 of the Authority and open to public inspection.
12 Members of the Board, officers and employees of the
13 Authority, and their relatives within the fourth degree of
14 consanguinity by the terms of the civil law, are forbidden to
15 be interested directly or indirectly in any contract for
16 construction or maintenance work or for the delivery of
17 materials, supplies or equipment.
18 The Board shall have the right to reject all bids and to
19 readvertise for bids. If after any such advertisement no
20 responsible and satisfactory bid, within the terms of the
21 advertisement, shall be received, the Board may award such
22 contract, without competitive bidding, provided that it shall
23 not be less advantageous to the Authority than any valid bid
24 received pursuant to advertisement.
25 The Board shall adopt rules and regulations to carry into
26 effect the provisions of this Section.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/5-25) (from Ch. 85, par. 4925)
29 Section 2-130. Bids and advertisements. Sec. 5-25.
30 Advertisements Advertisement for bids shall be published at
31 least twice in a daily newspaper of general circulation
32 published in the metropolitan area, the last publication to
33 be at least 10 calendar days before the time for receiving
-529- LRB9000879DJcd
1 bids, and such advertisements shall also be posted on readily
2 accessible bulletin boards in the principal office of the
3 Authority. Such advertisements shall state the time and
4 place for receiving and opening of bids, and, by reference to
5 plans and specifications on file at the time of the first
6 publication, or in the advertisement itself, shall describe
7 the character of the proposed contract in sufficient detail
8 to fully advise prospective bidders of their obligations and
9 to ensure insure free and open competitive bidding.
10 All bids in response to advertisements shall be sealed
11 and shall be publicly opened by the Board, and all bidders
12 shall be entitled to be present in person or by
13 representatives. Cash or a certified or satisfactory
14 cashier's check, as a deposit of good faith, in a reasonable
15 amount to be fixed by the Board before advertising for bids,
16 shall be required with the proposal of each bidder. Bond for
17 faithful performance of the contract with surety or sureties
18 satisfactory to the Board and adequate insurance may be
19 required in reasonable amounts to be fixed by the Board
20 before advertising for bids.
21 The contract shall be awarded as promptly as possible
22 after the opening of bids. The bid of the successful bidder,
23 as well as the bids of the unsuccessful bidders, shall be
24 placed on file and be open to public inspection. All bids
25 shall be void if any disclosure of the terms of any bid in
26 response to an advertisement is made or permitted to be made
27 by the Board before the time fixed for opening bids.
28 * * * (nonstandard provisions contained in Section 35-30)
29 * * *
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/5-26) (from Ch. 85, par. 4926)
32 Section 2-135. Report and financial statement. Sec.
33 5-26. As soon after the end of each fiscal year as may be
-530- LRB9000879DJcd
1 expedient, the Board shall cause to be prepared and printed a
2 complete and detailed report and financial statement of its
3 operations and of its assets and liabilities. A reasonably
4 sufficient number of copies of such report shall be printed
5 for distribution to persons interested, upon request and a
6 copy thereof shall be filed with the county clerk and the
7 appointing officers.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/5-27) (from Ch. 85, par. 4927)
10 Section 2-140. State financial support. Sec. 5-27. The
11 Authority Authorities created by this Article Act shall
12 receive financial support from the State in the amounts
13 provided for in Section 4 of the Metropolitan Civic Center
14 Support Act.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/5-28) (from Ch. 85, par. 4928)
17 Section 2-145. Antitrust laws. Sec. 5-28. The Authority
18 is hereby expressly made the beneficiary of the provisions of
19 Section 1 of the Local Government Antitrust Exemption Act "An
20 Act to make explicit the authorization for units of local
21 government and certain other governmental bodies to act as
22 permitted by statute or the Illinois Constitution,
23 notwithstanding effects on competition", amendatory veto
24 overridden November 3, 1983, and the General Assembly intends
25 that the "State action exemption" to the application of the
26 federal antitrust anti-trust laws be fully available to the
27 Authority to the extent its activities are either (1)
28 expressly or by necessary implication authorized by this
29 Article Act or other Illinois law, or (2) within traditional
30 areas of local governmental activity.
31 (Source: P.A. 84-245.)
-531- LRB9000879DJcd
1 (70 ILCS 220/5-29) (from Ch. 85, par. 4929)
2 Section 2-150. Tax exemptions. Sec. 5-29. All property
3 of the Authority shall be exempt from taxation by the State
4 or any taxing unit therein.
5 (Source: P.A. 84-245.)
6 PART 40. CARBONDALE CIVIC CENTER
7 (70 ILCS 325/2-1) (from Ch. 85, par. 7002-1)
8 Section 2-3. Purpose. Sec. 2-1. The purpose of this
9 Article Act is to accomplish the aims of the State of
10 Illinois to enhance the ability of its citizens to avail
11 themselves of civic and cultural centers geographically
12 situated throughout the entire State of Illinois.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/2-2) (from Ch. 85, par. 7002-2)
15 Section 40-1. Short title. Sec. 2-2. * * * (nonstandard
16 provisions contained in Section 40-1) * * *
17 (Source: P.A. 86-907; 86-1028.)
18 (70 ILCS 325/2-3) (from Ch. 85, par. 7002-3)
19 Section 2-5. Definitions. Sec. 2-3. When used In this
20 Article:
21 * * * (nonstandard provisions contained in Section 40-5)
22 * * *
23 "Governmental agency" means the federal government, the
24 State, and any unit of local government or school district
25 governmental body, and any agency or instrumentality,
26 corporate or otherwise, thereof.
27 "Person" means any individual, firm, partnership,
28 corporation, both domestic and foreign, company, association
29 or joint stock association; and includes any trustee,
30 receiver, assignee or personal representative thereof.
31 * * * (nonstandard provisions contained in Section 40-5)
-532- LRB9000879DJcd
1 * * *
2 (Source: P.A. 86-907; 86-1028.)
3 (70 ILCS 325/2-4) (from Ch. 85, par. 7002-4)
4 Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
5 (nonstandard provisions contained in Section 40-10) * * *
6 (a) The Authority may sue and be sued in its corporate
7 name, but execution shall not in any case issue against any
8 property of the Authority.
9 (b) The Authority It may adopt a common seal and change
10 the same at its pleasure. * * * (nonstandard provisions
11 contained in Section 40-10) * * *
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/2-5) (from Ch. 85, par. 7002-5)
14 Section 2-15. Duties; auditorium, recreational, and
15 other buildings; lease of space. Sec. 2-5. It shall be the
16 duty of the Authority to promote, operate and maintain
17 expositions, conventions, and theatrical, sports and cultural
18 activities from time to time in the metropolitan area and in
19 connection therewith to arrange, finance and maintain
20 industrial, cultural, educational, theatrical, sports, trade
21 and scientific exhibits and to construct, equip and maintain
22 auditorium, exposition, recreational and office buildings for
23 such purposes.
24 The provision of office space for lease and rental and
25 the lease of air space over and appurtenant to such
26 structures shall be deemed an integral function of the
27 Authority.
28 The Authority is granted all rights and powers necessary
29 to perform such duties.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/2-6) (from Ch. 85, par. 7002-6)
-533- LRB9000879DJcd
1 Section 2-20. Rights and powers, including eminent
2 domain. Sec. 2-6. The Authority shall have the following
3 rights and powers duties:
4 (a) To acquire, purchase, own, construct, lease as
5 lessee or in any other way acquire, improve, extend, repair,
6 reconstruct, regulate, operate, equip and maintain exhibition
7 centers, civic auditoriums, cultural facilities and office
8 buildings, including sites and parking areas and commercial
9 facilities therefor located within the metropolitan area;.
10 (b) To plan for such grounds, centers and auditoriums
11 and to plan, sponsor, hold, arrange and finance fairs,
12 industrial, cultural, educational, trade and scientific
13 exhibits, shows and events and to use or allow the use of
14 such grounds, centers and auditoriums for the holding of
15 fairs, exhibits, shows and events whether conducted by the
16 Authority or some other person or governmental agency;.
17 (c) To exercise the right of eminent domain to acquire
18 sites for such grounds, centers, buildings and auditoriums
19 and parking areas and facilities in the manner provided for
20 the exercise of the right of eminent domain under Article VII
21 of the Code of Civil Procedure, as now or hereafter amended;.
22 (d) To fix and collect just, reasonable and
23 nondiscriminatory charges and rents for the use of such
24 parking areas and facilities, grounds, centers, buildings and
25 auditoriums and admission charges to fairs, shows, exhibits
26 and events sponsored or held by the Authority. The charges
27 collected may be made available to defray the reasonable
28 expenses of the Authority and to pay the principal of, and
29 the interest on, any bonds issued by the Authority;.
30 (e) To enter into contracts treating in any manner with
31 the objects and purposes of this Article Act.
32 (Source: P.A. 86-907.)
33 (70 ILCS 325/2-7) (from Ch. 85, par. 7002-7)
-534- LRB9000879DJcd
1 Section 2-25. Incurring obligations. Sec. 2-7. The
2 Authority shall not incur any obligations for salaries or
3 for, office or administrative expenses except within the
4 amounts of funds that which will be available to it when such
5 obligations become payable.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/2-8) (from Ch. 85, par. 7002-8)
8 Section 2-35. Acquisition of property from person,
9 State, or local agency. Sec. 2-8. The Authority shall have
10 power (i) to acquire and accept by purchase, lease, gift or
11 otherwise any property or rights useful for the Authority's
12 purposes from any person or persons, from any municipal
13 corporation, body politic, or agency of the State, or from
14 the State itself, (ii) useful for its purposes, and to apply
15 for and accept grants, matching grants, loans or
16 appropriations from the State of Illinois or any agency or
17 instrumentality thereof to be used for any of the purposes of
18 the Authority, and (iii) to enter into any agreement with the
19 State of Illinois in relation to such grants, matching
20 grants, loans or appropriations.
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/2-9) (from Ch. 85, par. 7002-9)
23 Section 2-40. Federal money. Sec. 2-9. The Authority
24 shall have the power (i) to apply for and accept grants,
25 matching grants, loans or appropriations from the federal
26 government or any agency or instrumentality thereof to be
27 used for any of the purposes of the Authority and (ii) to
28 enter into any agreement with the Federal government in
29 relation to such grants, matching grants, loans or
30 appropriations.
31 (Source: P.A. 86-907.)
-535- LRB9000879DJcd
1 (70 ILCS 325/2-10) (from Ch. 85, par. 7002-10)
2 Section 2-45. Insurance. Sec. 2-10. The Authority shall
3 have the power to procure and enter into contracts for any
4 type of insurance and indemnity against loss or damage to
5 property from any cause, against loss of use and occupancy,
6 against employers' liability, against any act of any member,
7 officer, or employee of the Board or Authority in the
8 performance of the duties of the his office or employment,
9 and against or any other insurable risk.
10 (Source: P.A. 86-907.)
11 (70 ILCS 325/2-11) (from Ch. 85, par. 7002-11)
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance. Sec. 2-11. The Authority shall have continuing
14 power to borrow money for the purpose of carrying out and
15 performing its duties and exercising its powers under this
16 Article Act.
17 For the purpose of evidencing the obligation of the
18 Authority to repay any money borrowed as aforesaid, the
19 Authority may, pursuant to an ordinance adopted by the Board,
20 from time to time issue and dispose of its interest bearing
21 revenue bonds, and may also from time to time issue and
22 dispose of its interest bearing revenue bonds to refund any
23 bonds at maturity or pursuant to redemption provisions or at
24 any time before maturity with the consent of the holders
25 thereof. All such bonds shall be payable solely from the
26 revenues or income to be derived from the fairs, expositions,
27 exhibitions, rentals and leases and other authorized
28 activities operated by it, and from funds, if any, received
29 and to be received by the Authority from any other source.
30 Such bonds may bear such date or dates, may mature at such
31 time or times not exceeding 40 years from their respective
32 dates, may bear interest at such rate or rates, not exceeding
33 the maximum rate permitted by the Bond Authorization Act, as
-536- LRB9000879DJcd
1 now or hereafter amended, may be in such form, may carry such
2 registration privileges, may be executed in such manner, may
3 be payable at such place or places, may be made subject to
4 redemption in such manner and upon such terms, with or
5 without premium as is stated on the face thereof, may be
6 executed in such manner, and may contain such terms and
7 covenants, all as may be provided in said ordinance. In case
8 any officer whose signature appears on any bond ceases (after
9 attaching his signature) to hold office, his signature shall
10 nevertheless be valid and effective for all purposes. The
11 holder or holders of any bonds, or interest coupons
12 appertaining thereto issued by the Authority may bring suits
13 at law or proceedings in equity to compel the performance and
14 observance by the Authority or any of its officers, agents or
15 employees of or any contract or covenant made by the
16 Authority with the holders of such bonds or interest coupons,
17 and to compel the Authority or and any of its officers,
18 agents or employees to perform any duties required to be
19 performed for the benefit of the holders of any such bonds or
20 interest coupons by the provisions of the ordinance
21 authorizing their issuance, and to enjoin the Authority and
22 any of its officers, agents or employees from taking any
23 action in conflict with any such contract or covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face thereof
26 that it is non-negotiable, all such bonds shall be negotiable
27 instruments under the Uniform Commercial Code, as now or
28 hereafter amended.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents, and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
-537- LRB9000879DJcd
1 revenues of the Authority, to pay:
2 (a) the cost of maintaining, repairing, regulating and
3 operating the said facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertakings
11 of the Authority in connection with the issuance thereof and
12 the issuance of any additional bonds payable from such
13 revenue income to be derived from the fairs, recreational,
14 theatrical, and cultural, expositions, sports activities,
15 exhibitions, office rentals, and air space leases and
16 rentals, and from other revenue, if any, the Authority may
17 execute and deliver a trust agreement or agreements; provided
18 that no lien upon any physical property of the Authority
19 shall be created thereby.
20 A remedy for any breach or default of the terms of any
21 such trust agreement by the Authority may be by mandamus
22 proceedings in any court of competent jurisdiction to compel
23 performance and compliance therewith, but the trust agreement
24 may prescribe by whom or on whose behalf such action may be
25 instituted.
26 Before any such bonds (excepting refunding bonds) are
27 sold, the entire authorized issue, or any part thereof, shall
28 be offered for sale as a unit after advertising for bids at
29 least 3 times in a daily newspaper of general circulation
30 published in the metropolitan area, the last publication to
31 be at least 10 days before bids are required to be filed.
32 Copies of such advertisement may be published in any
33 newspaper or financial publication in the United States. All
34 bids shall be sealed, filed and opened as provided by
-538- LRB9000879DJcd
1 ordinance and the bonds shall be awarded to the highest and
2 best bidder or bidders therefor. The Authority shall have
3 the right to reject all bids and to readvertise for bids in
4 the manner provided for in the initial advertisement.
5 However, if no bids are received, such bonds may be sold at
6 not less than par value, without further advertising, within
7 60 days after the bids are required to be filed pursuant to
8 any advertisement.
9 (Source: P.A. 86-907; 86-1028.)
10 (70 ILCS 325/2-12) (from Ch. 85, par. 7002-12)
11 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
12 Under no circumstances shall any bonds issued by the
13 Authority be or become an indebtedness or obligation of the
14 State of Illinois or of any political subdivision of or
15 municipality within the State, nor shall any such bond or
16 obligation be or become an indebtedness of the Authority
17 within the purview of any constitutional limitation or
18 provision, and it shall be plainly stated on the face of each
19 such bond that it does not constitute such an indebtedness or
20 obligation but is payable solely from the revenues or income
21 as provided in this Article aforesaid.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/2-13) (from Ch. 85, par. 7002-13)
24 Section 2-60. Investment in bonds. Sec. 2-13. The State
25 and all counties, cities, villages, incorporated towns and
26 other municipal corporations, political subdivisions and
27 public bodies, and public officers of any thereof;, all
28 banks, bankers, trust companies, savings banks and
29 institutions, building and loan associations, savings and
30 loan associations, investment companies, and other persons
31 carrying on an insurance business; and all executors,
32 administrators, guardians, trustees and other fiduciaries may
-539- LRB9000879DJcd
1 legally invest any sinking funds, moneys or other funds
2 belonging to them or within their control in any bonds issued
3 pursuant to this Article Act, it being the purpose of this
4 Section to authorize the investment in such bonds of all
5 sinking, insurance, retirement, compensation, pension and
6 trust funds, whether owned or controlled by private or public
7 persons or officers; provided, however, that nothing
8 contained in this Section may be construed as relieving any
9 person from any duty of exercising reasonable care in
10 selecting securities for investment.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/2-14) (from Ch. 85, par. 7002-14)
13 Section 2-75. Board members; financial matters; conflict
14 of interest. Sec. 2-14. * * * (nonstandard provisions
15 contained in Section 40-15) * * * The members of the Board
16 shall serve without compensation, but shall be reimbursed for
17 actual expenses incurred by them in the performance of their
18 duties.
19 No member of the Board or employee of the Authority shall
20 have any private financial interest, profit or benefit in any
21 contract, work or business of the Authority or nor in the
22 sale or lease of any property to or from the Authority.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/2-15) (from Ch. 85, par. 7002-15)
25 Section 2-80. Board members' oath. Sec. 2-15. * * *
26 (nonstandard provisions contained in Section 40-20) * * *
27 Within 30 days after certification of his appointment, and
28 before entering upon the duties of his office, each member of
29 the Board shall take and subscribe the constitutional oath of
30 office and file it in the office of the Secretary of State.
31 (Source: P.A. 86-907.)
-540- LRB9000879DJcd
1 (70 ILCS 325/2-16) (from Ch. 85, par. 7002-16)
2 Section 2-85. Board members; vacancy in office. Sec.
3 2-16. Members of the Board shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member may resign from his office; the resignation takes to
6 take effect when the member's his successor has been
7 appointed and has qualified. * * * (nonstandard provisions
8 contained in Section 40-25) * * *
9 In case of failure to qualify within the time required,
10 or of abandonment of his office, or in case of death,
11 conviction of a felony or removal from office, a member's his
12 office shall become vacant. Each vacancy shall be filled for
13 the unexpired term by appointment in like manner, as in the
14 case of expiration of the term of a member of the Board.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/2-17) (from Ch. 85, par. 7002-17)
17 Section 2-90. Organization of the Board. Sec. 2-17. As
18 soon as practicably possible after the appointment of the
19 initial members, the Board shall organize for the transaction
20 of business, select a chairman and a temporary secretary from
21 its own number, and adopt by-laws and regulations to govern
22 its proceedings. The initial chairman and his successors
23 shall be elected by the Board from time to time for the term
24 of the chairman's his office as a member of the Board or for
25 the term of 3 years, whichever is shorter.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/2-18) (from Ch. 85, par. 7002-18)
28 Section 2-95. Meetings; action by 5 Board members. Sec.
29 2-18. Regular meetings of the Board shall be held at least
30 once in each calendar month, the time and place of such
31 meetings to be fixed by the Board.
32 Five members of the Board shall constitute a quorum for
-541- LRB9000879DJcd
1 the transaction of business. All actions of the Board shall
2 be by ordinance or resolution and the affirmative vote of at
3 least 5 members shall be necessary for the adoption of any
4 ordinance or resolution.
5 All ordinances, resolutions and all proceedings of the
6 Authority and all documents and records in its possession
7 shall be public records, and open to public inspection,
8 except such documents and records as shall be kept or
9 prepared by the Board for use in negotiations, actions action
10 or proceedings to which the Authority is a party.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/2-19) (from Ch. 85, par. 7002-19)
13 Section 2-100. Secretary; treasurer. Sec. 2-19. The
14 Board shall appoint a secretary and a treasurer, who need not
15 be members of the Board, to hold office during the pleasure
16 of the Board, and shall fix their duties and compensation.
17 Before entering upon the duties of their respective offices,
18 they shall take and subscribe the constitutional oath of
19 office, and the treasurer shall execute a bond with corporate
20 sureties to be approved by the Board. The bond shall be
21 payable to the Authority in whatever penal sum may be
22 directed upon the faithful performance of the duties of the
23 office and the payment of all money received by the treasurer
24 him according to law and the orders of the Board. The Board
25 may, at any time, require a new bond from the treasurer in a
26 such penal sum as may then be determined by the Board. The
27 obligation of the sureties shall not extend to any loss
28 sustained by the insolvency, failure or closing of any
29 national or state bank wherein the treasurer has deposited
30 funds if the bank has been approved by the Board as a
31 depositary depository for those these funds. The oaths of
32 office and the treasurer's bond bonds shall be filed in the
33 principal office of the Authority.
-542- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/2-20) (from Ch. 85, par. 7002-20)
3 Section 2-105. Funds. Sec. 2-20. All funds deposited by
4 the treasurer in any bank shall be placed in the name of the
5 Authority and shall be withdrawn or paid out only by check or
6 draft upon the bank, signed by the treasurer and
7 countersigned by the chairman of the Board. The Board may
8 designate any of its members or any officer or employee of
9 the Authority to affix the signature of the chairman and
10 another to affix the signature of the treasurer to any check
11 or draft for payment of salaries or wages and for payment of
12 any other obligation of not more than $2,500.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/2-21) (from Ch. 85, par. 7002-21)
15 Section 2-110. Signatures on checks or drafts. Sec.
16 2-21. In case any officer whose signature appears upon any
17 check or draft issued pursuant to this Article Act ceases
18 (after attaching his signature) to hold his office after
19 attaching his or her signature and before the delivery of the
20 check or draft thereof to the payee, that his signature,
21 nevertheless, shall be valid and sufficient for all purposes
22 with the same effect as if the officer he had remained in
23 office until delivery.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/2-22) (from Ch. 85, par. 7002-22)
26 Section 2-115. General manager; other appointments. Sec.
27 2-22. The Board may appoint a general manager who shall be a
28 person of recognized ability and business experience, to hold
29 office during the pleasure of the Board. The general manager
30 shall have management of the properties and business of the
31 Authority and of the employees thereof subject to the general
-543- LRB9000879DJcd
1 control of the Board, shall direct the enforcement of all
2 ordinances, resolutions, rules and regulations of the Board,
3 and shall perform such other duties as may be prescribed from
4 time to time by the Board.
5 The Board may appoint a general attorney and a chief
6 engineer and shall provide for the appointment of such other
7 officers, attorneys, engineers, planners, consultants, agents
8 and employees as may be necessary. The Board It shall define
9 their duties and require bonds of such of them as the Board
10 may designate.
11 The general manager, general attorney, chief engineer,
12 and all other officers provided for, pursuant to this
13 Section, shall be exempt from taking and subscribing any oath
14 of office and shall not be members of the Board.
15 The compensation of the general manager, general
16 attorney, chief engineer, and all other officers, attorneys,
17 planners, consultants, agents and employees shall be fixed by
18 the Board.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/2-23) (from Ch. 85, par. 7002-23)
21 Section 2-122. Rules and regulations; penalties. Sec.
22 2-23. The Board shall have power to make all rules and
23 regulations, proper or necessary, to carry into effect the
24 powers granted to the Authority, with such penalties as may
25 be deemed proper.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/2-24) (from Ch. 85, par. 7002-24)
28 Section 2-125. Contracts; award to other than highest or
29 lowest bidder by a vote of 5 Board members. Sec. 2-24. All
30 contracts for the sale of property of the value of more than
31 $2,500 or for a concession in or lease of property, including
32 air rights, of the Authority for a term of more than one year
-544- LRB9000879DJcd
1 shall be awarded to the highest responsible bidder after
2 advertising for bids. All construction contracts and
3 contracts for supplies, materials, equipment and services,
4 when the expense thereof will exceed $2,500, shall be let to
5 the lowest responsible bidder after advertising for bids,
6 excepting (1) when repair parts, accessories, equipment or
7 services are required for equipment or services previously
8 furnished or contracted for; (2) when the nature of the
9 services required is such that competitive bidding is not in
10 the best interest of the public, including, without limiting
11 the generality of the foregoing, the services of accountants,
12 architects, attorneys, engineers, physicians, superintendents
13 of construction, and others possessing a high degree of
14 skill; and (3) when services such as water, light, heat,
15 power, telephone or telegraph are required.
16 All contracts involving less than $2,500 shall be let by
17 competitive bidding to the lowest responsible bidder whenever
18 possible, and, in any event, in a manner calculated to ensure
19 insure the best interests of the public. Competitive bidding
20 is not required for the lease of real estate or buildings
21 owned or controlled by the Authority. The Board is empowered
22 to offer such leases upon such terms as it deems advisable.
23 In determining the responsibility of any bidder, the
24 Board may take into account the past record records of
25 dealings with the bidder, the bidder's experience, adequacy
26 of equipment, and ability to complete performance within the
27 time set, and other factors besides financial responsibility,
28 but in no case shall any such contracts be awarded to any
29 other than the highest bidder (in case of sale, concession or
30 lease) or the lowest bidder (in case of purchase or
31 expenditure) unless authorized or approved by a vote of at
32 least 5 members of the Board, and unless such action is
33 accompanied by a statement in writing setting forth the
34 reasons for not awarding the contract to the highest or
-545- LRB9000879DJcd
1 lowest bidder, as the case may be, which statement shall be
2 kept on file in the principal office of the Authority and
3 open to public inspection.
4 Members of the Board, officers and employees of the
5 Authority, and their relatives within the fourth degree of
6 consanguinity by the terms of the civil law, are forbidden to
7 be interested directly or indirectly in any contract for
8 construction or maintenance work or for the delivery of
9 materials, supplies or equipment.
10 The Board shall have the right to reject all bids and to
11 readvertise for bids. If after any such advertisement no
12 responsible and satisfactory bid, within the terms of the
13 advertisement, shall be received, the Board may award such
14 contract without competitive bidding, provided that it shall
15 not be less advantageous to the Authority than any valid bid
16 received pursuant to advertisement.
17 The Board shall adopt rules and regulations to carry into
18 effect the provisions of this Section.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/2-25) (from Ch. 85, par. 7002-25)
21 Section 2-130. Bids and advertisements. Sec. 2-25.
22 Advertisements for bids shall be published at least twice in
23 a daily newspaper of general circulation published in the
24 metropolitan area, the last publication to be at least 10
25 calendar days before the time for receiving bids, and such
26 advertisements shall also be posted on readily accessible
27 bulletin boards in the principal office of the Authority.
28 Such advertisements shall state the time and place for
29 receiving and opening of bids and, by reference to plans and
30 specifications on file for receiving and opening of bids and
31 by reference to plans and specifications on file at the time
32 of the first publication, or in the advertisement itself,
33 shall describe the character of the proposed contract in
-546- LRB9000879DJcd
1 sufficient detail to fully advise prospective bidders of
2 their obligations and to ensure insure free and open
3 competitive bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * * (nonstandard provisions contained in Section 40-30)
23 * * *
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/2-26) (from Ch. 85, par. 7002-26)
26 Section 2-135. Report and financial statement. Sec.
27 2-26. As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
32 for distribution to persons interested upon request and a
33 copy thereof shall be filed with the county clerk and the
-547- LRB9000879DJcd
1 appointing officers.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/2-27) (from Ch. 85, par. 7002-27)
4 Section 2-140. State financial support. Sec. 2-27. The
5 Authority created by this Article Act shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act, as now or
8 hereafter amended.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/2-28) (from Ch. 85, par. 7002-28)
11 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
12 is hereby expressly made the beneficiary of the provisions of
13 Section 1 of the Local Government Antitrust Exemption Act "An
14 Act to make explicit the authorization for units of local
15 government and certain other governmental bodies to act as
16 permitted by statute or the Illinois Constitution,
17 notwithstanding effects on competition", amendatory veto
18 overridden November 3, 1983, as now or hereafter amended, and
19 the General Assembly intends that the "State action
20 exemption" to the application of the federal antitrust laws
21 be fully available to the Authority to the extent its
22 activities are either (1) expressly or by necessary
23 implication authorized by this Article or other Illinois law,
24 or (2) within traditional areas of local governmental
25 activity.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/2-29) (from Ch. 85, par. 7002-29)
28 Section 2-150. Tax exemption. Sec. 2-29. All property
29 of the Authority shall be exempt from taxation by the State
30 or any taxing unit therein.
31 (Source: P.A. 86-907.)
-548- LRB9000879DJcd
1 (70 ILCS 325/2-30) (from Ch. 85, par. 7002-30)
2 Section 2-30. Prompt payment. Sec. 2-30. Purchases made
3 under pursuant to this Article Act shall be made in
4 compliance with the Local Government Prompt Payment Act.
5 (Source: P.A. 86-907.)
6 PART 45. CAVE IN ROCK TOWNSHIP CIVIC CENTER
7 (70 ILCS 240/1001) (from Ch. 85, par. 7301)
8 Section 45-1. Sec. 1001. Short title. * * *
9 (nonstandard provisions contained in Section 45-1) * * *
10 (Source: P.A. 86-1414.)
11 (70 ILCS 240/1002) (from Ch. 85, par. 7302)
12 Section 2-3. Sec. 1002. Purpose. The purpose of this
13 Article is to accomplish the aims of the State of Illinois to
14 enhance the ability of its citizens to avail themselves of
15 civic and cultural centers geographically situated throughout
16 the entire State of Illinois.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 240/1003) (from Ch. 85, par. 7303)
19 Section 2-5. Sec. 1003. Definitions. In this Article:
20 * * * (nonstandard provisions contained in Section 45-5)
21 * * *
22 "Governmental agency" means the federal government, the
23 State, and any unit of local government or school district,
24 governmental body and any agency or instrumentality, together
25 with any of their agencies or instrumentalities, corporate or
26 otherwise thereof.
27 "Person" means any individual, firm, partnership,
28 domestic or foreign corporation, company, association, or
29 joint stock association; and includes any trustee of their
30 trustees, receiver receivers, assignee assignees, or personal
31 representative thereof representatives.
-549- LRB9000879DJcd
1 * * * (nonstandard provisions contained in Section 45-5)
2 * * *
3 (Source: P.A. 86-1414.)
4 (70 ILCS 240/1004) (from Ch. 85, par. 7304)
5 Section 2-10. Lawsuits; common seal. Sec. 1004.
6 Creation of Authority. * * * (nonstandard provisions
7 contained in Section 45-10) * * *
8 (a) (b) The Authority may sue and be sued in its
9 corporate name, but execution shall not in any case issue
10 against any property of the Authority.
11 (b) The Authority It may adopt a common seal and change
12 the same seal at its pleasure. * * * (nonstandard provisions
13 contained in Section 45-10) * * *
14 (Source: P.A. 86-1414.)
15 (70 ILCS 240/1005) (from Ch. 85, par. 7305)
16 Section 2-15. Sec. 1005. Duties; auditorium,
17 recreational, and other buildings; lease of space. It shall
18 be the duty of the Authority to shall promote, operate, and
19 maintain expositions, conventions, and theatrical, sports,
20 and cultural activities from time to time in the metropolitan
21 area and. in connection therewith to with its duties, the
22 Authority shall arrange, finance, and maintain industrial,
23 cultural, educational, theatrical, sports, trade, and
24 scientific exhibits and to shall construct, equip, and
25 maintain auditorium, exposition, recreational, and office
26 buildings for such those purposes.
27 The provision of Providing office space for lease and
28 rental and the lease of leasing air space over and
29 appurtenant to such those structures shall be deemed an are
30 integral function functions of the Authority.
31 The Authority is granted all rights and powers necessary
32 to perform such its duties.
-550- LRB9000879DJcd
1 (Source: P.A. 86-1414.)
2 (70 ILCS 240/1006) (from Ch. 85, par. 7306)
3 Section 45-12. Sec. 1006. Powers. * * * (nonstandard
4 provisions contained in Section 45-12) * * *
5 (Source: P.A. 86-1414.)
6 (70 ILCS 240/1007) (from Ch. 85, par. 7307)
7 Section 2-25. Sec. 1007. Incurring obligations. The
8 Authority shall not incur any obligations for salaries or for
9 office or administrative expenses except within the amounts
10 of funds that will be available to it when such those
11 obligations become payable.
12 (Source: P.A. 86-1414.)
13 (70 ILCS 240/1008) (from Ch. 85, par. 7308)
14 Section 2-35. Sec. 1008. Acquisition of property from
15 person,; State, or local agency money. The Authority shall
16 have has the power (i) to acquire and accept by purchase,
17 lease, gift, or otherwise any property or rights useful for
18 the Authority's purposes from any person or persons, from any
19 municipal corporation, body politic, or agency of the State,
20 or from the State itself, useful for its purposes, (ii) to
21 apply for and accept grants, matching grants, loans, or
22 appropriations from the State of Illinois or any agency or
23 instrumentality thereof of the State to be used for any of
24 the purposes of the Authority, and (iii) to enter into any
25 agreement with the State of Illinois in relation to such
26 those grants, matching grants, loans, or appropriations.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 240/1009) (from Ch. 85, par. 7309)
29 Section 2-40. Sec. 1009. Federal money. The Authority
30 shall have has the power (i) to apply for and accept grants,
-551- LRB9000879DJcd
1 matching grants, loans, or appropriations from the federal
2 government or any agency or instrumentality thereof of the
3 federal government to be used for any of the purposes of the
4 Authority and (ii) to enter into any agreement with the
5 federal government in relation to such those grants, matching
6 grants, loans, or appropriations.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 240/1010) (from Ch. 85, par. 7310)
9 Section 2-45. Sec. 1010. Insurance. The Authority shall
10 have has the power to procure and enter into contracts for
11 any type of insurance and indemnity against loss or damage to
12 property from any cause, against loss of use and occupancy,
13 against employers' liability, against any act of any member,
14 officer, or employee of the Board or Authority in the
15 performance of the duties of the his or her office or
16 employment, and against any other insurable risk.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 240/1011) (from Ch. 85, par. 7311)
19 Section 2-50. Sec. 1011. Borrowing; revenue bonds; suits
20 to compel performance. (a) The Authority shall have has
21 continuing power to borrow money for the purpose of carrying
22 out and performing its duties and exercising its powers under
23 this Article.
24 (b) For the purpose of evidencing the obligation of the
25 Authority to repay any money so borrowed as aforesaid, the
26 Authority may, pursuant to an ordinance adopted by the Board,
27 from time to time issue and dispose of its interest bearing
28 revenue bonds, and may also from time to time issue and
29 dispose of its interest bearing revenue bonds to refund any
30 bonds at maturity or pursuant to redemption provisions or at
31 any time before maturity with the consent of the holders
32 thereof of the bonds. All such The bonds shall be payable
-552- LRB9000879DJcd
1 solely from the revenues or income to be derived from the
2 fairs, expositions, exhibitions, rentals and, leases, and
3 other authorized activities operated by it, and from funds,
4 if any, received and to be received by the Authority from any
5 other source. Such The bonds (i) may bear such a date or
6 dates, (ii) may mature at such a time or times not exceeding
7 40 years from their respective dates, (iii) may bear interest
8 at such a rate or rates not exceeding the maximum rate
9 permitted by the Bond Authorization Act, (iv) may be in such
10 a form, (v) may carry such registration privileges, (vi) may
11 be executed in such a manner, (vii) may be payable at such a
12 place or places, (viii) may be made subject to redemption in
13 such a manner and upon such terms, with or without premium as
14 is stated on the face thereof of the bonds, (ix) may be
15 executed in such a manner, and (x) may contain such terms and
16 covenants, all as may be provided in said the ordinance
17 authorizing the issuance of the bonds. In case any officer
18 whose signature appears on any bond ceases (after attaching
19 his signature) to hold office after attaching his or her
20 signature, his that signature shall nevertheless be valid and
21 effective for all purposes. The holder or holders of any
22 bonds or bond interest coupons appertaining thereto issued by
23 the Authority may bring suits at law or proceedings in equity
24 (i) to compel the performance and observance by the Authority
25 or any of its officers, agents, or employees of any contract
26 or covenant made by the Authority with the holders of such
27 those bonds or interest coupons, (ii) to compel the Authority
28 or any of its officers, agents, or employees to perform any
29 duties required to be performed for the benefit of the
30 holders of any such of those bonds or interest coupons by the
31 provisions of the ordinance authorizing their issuance, and
32 (iii) to enjoin the Authority and any of its officers,
33 agents, or employees from taking any action in conflict with
34 any such the contract or covenant.
-553- LRB9000879DJcd
1 (c) Notwithstanding the form and tenor of any such bonds
2 bond and in the absence of any express recital on the face
3 thereof of the bond that it is non-negotiable nonnegotiable,
4 all such bonds shall be negotiable instruments under the
5 Uniform Commercial Code.
6 (d) From and after the issuance of any bonds as herein
7 provided in this Section it shall be the duty of the
8 corporate authorities of the Authority Board to fix and
9 establish rates, charges, rents, and fees for the use of
10 facilities acquired, constructed, reconstructed, extended, or
11 improved with the proceeds of the sale of said those bonds
12 that are sufficient at all times, with other revenues of the
13 Authority, to pay:
14 (a) (i) the cost of maintaining, repairing, regulating,
15 and operating the said those facilities; and
16 (b) (ii) the bonds and interest thereon principal of and
17 interest on the bonds as they shall become due, and all
18 sinking fund requirements and other requirements provided by
19 the ordinance authorizing the issuance of the bonds or as
20 provided by any trust agreement executed to secure payment
21 thereof of the bonds.
22 (e) To secure the payment of any or all of such bonds
23 and for the purpose of setting forth the covenants and
24 undertakings of the Authority in connection with the issuance
25 thereof of the bonds and the issuance of any additional bonds
26 payable from such the revenue income to be derived from the
27 fairs, recreational, theatrical, and cultural expositions,
28 sports activities, exhibitions, office rentals, and air space
29 leases and rentals, and from other revenue, if any, the
30 Authority may execute and deliver a trust agreement or
31 agreements; provided that, but no lien upon any physical
32 property of the Authority shall be created thereby by a trust
33 agreement.
34 (f) A remedy for any breach or default by the Authority
-554- LRB9000879DJcd
1 of the terms of any such a trust agreement by the Authority
2 may be by mandamus proceedings in any court of competent
3 jurisdiction to compel performance and compliance therewith,
4 but the trust agreement may prescribe by whom or on whose
5 behalf such the action may be instituted.
6 (g) Before any such bonds (excepting refunding bonds)
7 are sold, the entire authorized issue, or any part thereof of
8 that issue, shall be offered for sale as a unit after
9 advertising for bids at least 3 times in a daily newspaper of
10 general circulation published in the metropolitan area, the
11 last publication to be at least 10 days before bids are
12 required to be filed. Copies of such the advertisement may
13 be published in any newspaper or financial publication in the
14 United States. All bids shall be sealed, filed, and opened
15 as provided by ordinance, and the bonds shall be awarded to
16 the highest and best bidder or bidders therefor. The
17 Authority shall have the right to reject all bids and to
18 readvertise for bids in the manner provided for in the
19 initial advertisement. However, if no bids are received,
20 however, such the bonds may be sold at not less than par
21 value, without further advertising, within 60 days after the
22 bids are required to be filed pursuant to under any
23 advertisement.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 240/1012) (from Ch. 85, par. 7312)
26 Section 2-55. Sec. 1012. Limitation on Bonds; nature of
27 indebtedness. Under no circumstances shall any bonds issued
28 by the Authority be or become an indebtedness or obligation
29 of the State of Illinois or of any political subdivision of
30 or municipality within the State, nor shall any such bond or
31 obligation be or become an indebtedness of the Authority
32 within the purview of any constitutional limitation or
33 provision, and. it shall be plainly stated on the face of
-555- LRB9000879DJcd
1 each such bond that it does not constitute such an
2 indebtedness or obligation but is payable solely from the
3 revenues or income as provided in this Article.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 240/1013) (from Ch. 85, par. 7313)
6 Section 2-60. Sec. 1013. Investment in bonds. The State
7 and, all counties, cities, villages, incorporated towns and,
8 other municipal corporations, political subdivisions, and
9 public bodies, and any of their public officers of any
10 thereof;, all banks, bankers, trust companies, savings banks
11 and institutions, building and loan associations, savings and
12 loan associations, investment companies, and other persons
13 carrying on an insurance business;, and all executors,
14 administrators, guardians, trustees, and other fiduciaries
15 may legally invest any sinking funds, moneys, or other funds
16 belonging to them or within their control in any bonds issued
17 pursuant to under this Article, it being the purpose of this
18 Section to authorize the investment in such those bonds of
19 all sinking, insurance, retirement, compensation, pension,
20 and trust funds, whether owned or controlled by private or
21 public persons or officers; provided, however, that nothing
22 contained in this Section may be construed as relieving,
23 however, relieves any person from any duty of exercising
24 reasonable care in selecting securities for investment.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 240/1014) (from Ch. 85, par. 7314)
27 Section 2-75. Sec. 1014. Creation of the Board members;
28 financial matters; conflict of interest. * * * (nonstandard
29 provisions contained in Section 45-15) * * * The members of
30 the Board shall serve without compensation, but shall be
31 reimbursed for actual expenses incurred by them in the
32 performance of their duties.
-556- LRB9000879DJcd
1 No member of the Board or employee of the Authority shall
2 have any private financial interest, profit, or benefit in
3 any contract, work, or business of the Authority or nor in
4 the sale or lease of any property to or from the Authority.
5 (Source: P.A. 86-1414.)
6 (70 ILCS 240/1015) (from Ch. 85, par. 7315)
7 Section 2-80. Sec. 1015. Members of the Board members'
8 oath. * * * (nonstandard provisions contained in Section
9 45-20) * * * Within 30 days after certification of
10 appointment, and before entering upon the duties of office,
11 each member of the Board shall take and subscribe the
12 constitutional oath of office and file it in the office of
13 the Secretary of State.
14 (Source: P.A. 86-1414.)
15 (70 ILCS 240/1016) (from Ch. 85, par. 7316)
16 Section 2-85. Sec. 1016. Board members; vacancy in
17 office. Members of the Board shall hold office until their
18 respective successors have been appointed and qualified. Any
19 member may resign from office; the resignation takes to take
20 effect when the member's his or her successor has been
21 appointed and has qualified. * * * (nonstandard provisions
22 contained in Section 45-25) * * *
23 In case of failure to qualify within the time required,
24 abandonment of office, death, conviction of a felony, or
25 removal from office, a member's office shall become vacant.
26 Each vacancy shall be filled for the unexpired term by
27 appointment in like manner as in the case of expiration of
28 the term of a member of the Board.
29 (Source: P.A. 86-1414.)
30 (70 ILCS 240/1017) (from Ch. 85, par. 7317)
31 Section 2-90. Sec. 1017. Organization of the Board. As
-557- LRB9000879DJcd
1 soon as practicably possible after the appointment of the
2 initial members, the Board shall organize for the transaction
3 of business, select a chairman and a temporary secretary from
4 its own number, and adopt by-laws bylaws and regulations to
5 govern its proceedings. The initial chairman and his or her
6 successors shall be elected by the Board from time to time
7 for the term of the chairman's his or her office as a member
8 of the Board or for the term of 3 years, whichever is
9 shorter.
10 (Source: P.A. 86-1414.)
11 (70 ILCS 240/1018) (from Ch. 85, par. 7318)
12 Section 2-96. Sec. 1018. Meetings; action by 4 Board
13 members ordinances. Regular meetings of the Board shall be
14 held at least once in each calendar month, the time and place
15 of such the meetings to be fixed by the Board.
16 Four members of the Board shall constitute a quorum for
17 the transaction of business. All actions of the Board shall
18 be by ordinance or resolution, and the affirmative vote of at
19 least 4 members shall be necessary for the adoption of any
20 ordinance or resolution.
21 All ordinances, resolutions, and proceedings of the
22 Authority and all documents and records in its possession
23 shall be public records, and open to public inspection,
24 except such those documents and records as shall be kept or
25 prepared by the Board for use in negotiations, actions, or
26 proceedings to which the Authority is a party.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 240/1019) (from Ch. 85, par. 7319)
29 Section 2-100. Sec. 1019. Secretary; treasurer. The
30 Board shall appoint a secretary and a treasurer, who need not
31 be members of the Board, to hold office during the pleasure
32 of the Board, and shall fix their duties and compensation.
-558- LRB9000879DJcd
1 Before entering upon the duties of their respective offices,
2 they shall take and subscribe the constitutional oath of
3 office, and the treasurer shall execute a bond with corporate
4 sureties to be approved by the Board. The bond shall be
5 payable to the Authority in whatever penal sum may be
6 directed and shall be conditioned upon the faithful
7 performance of the duties of the office and the payment of
8 all money received by the treasurer according to law and the
9 orders of the Board. The Board may, at any time, require a
10 new bond from the treasurer in a penal sum as may then be
11 determined by the Board. The obligation of the sureties
12 shall not extend to any loss sustained by the insolvency,
13 failure, or closing of any national or state bank wherein the
14 treasurer has deposited funds if the bank has been approved
15 by the Board as a depositary depository for those funds. The
16 oaths of office and the treasurer's bond bonds shall be filed
17 in the principal office of the Authority.
18 (Source: P.A. 86-1414.)
19 (70 ILCS 240/1020) (from Ch. 85, par. 7320)
20 Section 2-105. Sec. 1020. Funds. All funds deposited by
21 the treasurer in any bank shall be placed in the name of the
22 Authority and shall be withdrawn or paid out only by check or
23 draft upon the bank, signed by the treasurer and
24 countersigned by the chairman of the Board. The Board may
25 designate any of its members or any officer or employee of
26 the Authority to affix the signature of the chairman and
27 another to affix the signature of the treasurer to any check
28 or draft for payment of salaries or wages and for payment of
29 any other obligation of not more than $2,500.
30 (Source: P.A. 86-1414.)
31 (70 ILCS 240/1021) (from Ch. 85, par. 7321)
32 Section 2-110. Sec. 1021. Signatures on checks or
-559- LRB9000879DJcd
1 drafts. In case any officer whose signature appears upon any
2 check or draft issued pursuant to under this Article ceases
3 to hold office after attaching his or her signature and
4 before the delivery of the check or draft to the payee, that
5 signature nevertheless shall be valid and sufficient for all
6 purposes with the same effect as if the officer person had
7 remained in office until delivery.
8 (Source: P.A. 86-1414.)
9 (70 ILCS 240/1022) (from Ch. 85, par. 7322)
10 Section 2-115. Sec. 1022. General manager; other
11 appointments. The Board may appoint a general manager who
12 shall be a person of recognized ability and business
13 experience, to hold office during the pleasure of the Board.
14 The general manager shall have management of the properties
15 and business of the Authority and of the its employees
16 thereof, subject to the general control of the Board, shall
17 direct the enforcement of all ordinances, resolutions, rules,
18 and regulations of the Board, and shall perform such other
19 duties as may be prescribed from time to time by the Board.
20 The Board may appoint a general attorney and a chief
21 engineer and shall provide for the appointment of such other
22 officers, attorneys, engineers, planners, consultants,
23 agents, and employees as may be necessary. The Board It shall
24 define their duties and require bonds of such of them as
25 those that the Board may designate.
26 The general manager, general attorney, chief engineer,
27 and all other officers provided for pursuant to under this
28 Section shall be exempt from taking and subscribing any oath
29 of office and shall not be members of the Board.
30 The compensation of the general manager, general
31 attorney, chief engineer, and all other officers, attorneys,
32 planners, consultants, agents, and employees shall be fixed
33 by the Board.
-560- LRB9000879DJcd
1 (Source: P.A. 86-1414.)
2 (70 ILCS 240/1023) (from Ch. 85, par. 7323)
3 Section 2-122. Sec. 1023. Rules and regulations;
4 penalties. The Board shall have power to may make all rules
5 and regulations that are proper or necessary to carry into
6 effect the powers granted to the Authority, with such
7 penalties for violation as may be deemed proper.
8 (Source: P.A. 86-1414.)
9 (70 ILCS 240/1024) (from Ch. 85, par. 7324)
10 Section 2-126. Sec. 1024. Contracts; award to other than
11 highest or lowest bidder by vote of 4 Board members. (a) All
12 contracts for the sale of property of the a value of more
13 than $2,500 or for a concession in or lease of property,
14 including air rights, of the Authority for a term of more
15 than one year shall be awarded to the highest responsible
16 bidder, after advertising for bids. All construction
17 contracts and contracts for supplies, materials, equipment,
18 and services, when the expense thereof will exceed $2,500,
19 shall be let to the lowest responsible bidder, after
20 advertising for bids, excepting (1) except (i) when repair
21 parts, accessories, equipment, or services are required for
22 equipment or services previously furnished or contracted for;
23 (2), (ii) when the nature of the services required is such
24 that competitive bidding is not in the best interest of the
25 public, including, without limiting the generality of the
26 foregoing, limitation the services of accountants,
27 architects, attorneys, engineers, physicians, superintendents
28 of construction, and others possessing a high degree of
29 skill;, and (3) (iii) when services such as water, light,
30 heat, power, telephone, or telegraph are required.
31 (b) All contracts involving less than $2,500 shall be
32 let by competitive bidding to the lowest responsible bidder
-561- LRB9000879DJcd
1 whenever possible, and, in any event, in a manner calculated
2 to ensure insure the best interests of the public.
3 Competitive bidding is not required for the lease of real
4 estate or buildings owned or controlled by the Authority.
5 The Board is empowered to offer such those leases upon such
6 terms as it deems advisable.
7 (c) In determining the responsibility of any bidder, the
8 Board may take into account the past record records of
9 dealings with the bidder, the bidder's experience, adequacy
10 of equipment, and ability to complete performance within the
11 time set, and other factors besides financial responsibility,
12 but in no case shall any such contracts be awarded to any
13 other than the highest bidder (in case of sale, concession,
14 or lease) or the lowest bidder (in case of purchase or
15 expenditure) unless authorized or approved by a vote of at
16 least 4 members of the Board, and unless such the action is
17 accompanied by a statement in writing setting forth the
18 reasons for not awarding the contract to the highest or
19 lowest bidder, as the case may be, which statement shall be
20 kept on file in the principal office of the Authority and
21 open to public inspection.
22 (d) Members of the Board, officers and employees of the
23 Authority, and their relatives within the fourth degree of
24 consanguinity by the terms of the civil law, are forbidden to
25 be interested directly or indirectly in any contract for
26 construction or maintenance work or for the delivery of
27 materials, supplies, or equipment.
28 (e) The Board shall have the right to reject all bids
29 and to readvertise for bids. If after any such advertisement
30 no responsible and satisfactory bid, within the terms of the
31 advertisement, shall be is received, the Board may award such
32 the contract, without competitive bidding, provided that it
33 shall not be if the contract is not less advantageous to the
34 Authority than any valid bid received pursuant in response to
-562- LRB9000879DJcd
1 advertisement.
2 (f) The Board shall adopt rules and regulations to carry
3 into effect the provisions of this Section.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 240/1025) (from Ch. 85, par. 7325)
6 Section 2-130. Sec. 1025. Bids and advertisements. (a)
7 Advertisements for bids shall be published at least twice in
8 a daily newspaper of general circulation published in the
9 metropolitan area, the last publication to be at least 10
10 calendar days before the time for receiving bids, and such
11 the advertisements shall also be posted on readily accessible
12 bulletin boards in the principal office of the Authority.
13 Such advertisements for bids shall state the time and place
14 for receiving and opening bids and, by reference to plans and
15 specifications on file at the time of the first publication,
16 or in the advertisement itself, shall describe the character
17 of the proposed contract in sufficient detail to fully advise
18 prospective bidders of their obligations and to ensure insure
19 free and open competitive bidding.
20 (b) All bids in response to advertisements shall be
21 sealed and shall be publicly opened by the Board, and all
22 bidders shall be entitled to be present in person or by
23 representatives. Cash or a certified or satisfactory
24 cashier's check, as a deposit of good faith, in a reasonable
25 amount to be fixed by the Board before advertising for bids,
26 shall be required with the proposal of each bidder. Bond for
27 faithful performance of the contract with surety or sureties
28 satisfactory to the Board and adequate insurance may be
29 required in reasonable amounts to be fixed by the Board
30 before advertising for bids.
31 (c) The contract shall be awarded as promptly as possible
32 after the opening of bids. The bid of the successful bidder,
33 as well as the bids of the unsuccessful bidders, shall be
-563- LRB9000879DJcd
1 placed on file and be open to public inspection. All bids
2 shall be void if any disclosure of the terms of any bid in
3 response to an advertisement is made or permitted to be made
4 by the Board before the time fixed for opening bids.
5 Section 2-132. Bidders; civil action to compel
6 compliance. (d) Any bidder who has submitted a bid in
7 compliance with the requirements for bidding may bring a
8 civil action in the circuit court in of the county in which
9 the metropolitan area is located to compel compliance with
10 the provisions of this Article relating to the awarding of
11 contracts by the Board.
12 (Source: P.A. 86-1414.)
13 (70 ILCS 240/1026) (from Ch. 85, par. 7326)
14 Section 2-135. Sec. 1026. Report and financial
15 statement. As soon after the end of each fiscal year as may
16 be expedient, the Board shall cause to be prepared and
17 printed a complete and detailed report and financial
18 statement of its operations and of its assets and
19 liabilities. A reasonably sufficient number of copies of
20 such the report shall be printed for distribution to persons
21 interested upon request, and a copy thereof of the report
22 shall be filed with the county clerk and the appointing
23 officers.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 240/1027) (from Ch. 85, par. 7327)
26 Section 2-140. State financial support. Sec. 1027.
27 Civic Center Support. The Authority created by this Article
28 shall receive financial support from the State in the amounts
29 provided for in Section 4 of the Metropolitan Civic Center
30 Support Act.
31 (Source: P.A. 86-1414.)
-564- LRB9000879DJcd
1 (70 ILCS 240/1028) (from Ch. 85, par. 7328)
2 Section 2-145. Sec. 1028. Antitrust laws. The Authority
3 is expressly made the beneficiary of the provisions of
4 Section 1 of the Local Government Antitrust Exemption Act "An
5 Act to make explicit the authorization for units of local
6 government and certain other governmental bodies to act as
7 permitted by statute or the Illinois Constitution,
8 notwithstanding effects on competition", amendatory veto
9 overridden November 3, 1983, and the General Assembly intends
10 that the "State action exemption" to the application of the
11 federal antitrust laws be fully available to the Authority to
12 the extent its activities are either (1) (i) expressly or by
13 necessary implication authorized by this Article or other
14 Illinois law or (2) (ii) within traditional areas of local
15 governmental activity.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 240/1029) (from Ch. 85, par. 7329)
18 Section 2-150. Sec. 1029. Tax exemption. All property
19 of the Authority shall be exempt from taxation by the State
20 or any taxing unit therein within the State.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 240/1030) (from Ch. 85, par. 7330)
23 Section 2-30. Sec. 1030. Prompt payment. Purchases made
24 under this Article shall be made in compliance with the Local
25 Government Prompt Payment Act.
26 (Source: P.A. 86-1414.)
27 PART 50. CENTRE EAST CIVIC CENTER
28 (70 ILCS 270/5-1) (from Ch. 85, par. 3801)
29 Section 50-1. Short title. Sec. 5-1. * * * (nonstandard
30 provisions contained in Section 50-1) * * *
31 (Source: P.A. 83-1456.)
-565- LRB9000879DJcd
1 (70 ILCS 270/5-2) (from Ch. 85, par. 3802)
2 Section 2-5. Definitions. Sec. 5-2. As used In this
3 Article, unless the context otherwise requires:
4 * * * (nonstandard provisions contained in Section 50-5)
5 * * *
6 "Governmental agency" means the federal government, the
7 State of Illinois, and any unit of local government or school
8 district, and any agency or instrumentality thereof.
9 "Person" means any individual, firm, partnership,
10 corporation, foreign or domestic company, association or
11 joint stock joint-stock association; and includes any
12 trustee, receiver, assignee or personal representative
13 thereof.
14 * * * (nonstandard provisions contained in Section 50-5)
15 * * *
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/5-3) (from Ch. 85, par. 3803)
18 Section 2-10. Lawsuits; common seal. Sec. 5-3. * * *
19 (nonstandard provisions contained in Section 50-10) * * *
20 (a) The Authority may sue and be sued in its corporate
21 own name but execution shall not in any case issue against
22 any property of the Authority.
23 (b) The Authority may adopt a common seal and change the
24 same such seal at its pleasure. * * * (nonstandard
25 provisions contained in Section 50-10) * * *
26 (Source: P.A. 83-1456.)
27 (70 ILCS 270/5-4) (from Ch. 85, par. 3804)
28 Section 2-17. Duties; auditorium and other buildings.
29 Sec. 5-4. It shall be the duty of the Authority to promote,
30 operate and maintain expositions, conventions, or theatrical,
31 sports or cultural activities from time to time in the
32 metropolitan area and in connection therewith to arrange,
-566- LRB9000879DJcd
1 finance and maintain industrial, cultural, educational,
2 theatrical, sports, trade or scientific exhibits and to lease
3 or construct, equip and maintain auditoriums, exposition
4 buildings or office buildings for such purposes.
5 The Authority is granted all rights and powers necessary
6 to perform such duties.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/5-5) (from Ch. 85, par. 3805)
9 Section 2-21. Rights and powers. Sec. 5-5. The
10 Authority shall have the following rights and powers duties:
11 (a) To acquire, purchase, own, construct, lease as
12 lessee or in any other way acquire, improve, extend, repair,
13 reconstruct, regulate, operate, equip and maintain fair or
14 exposition grounds, convention or exhibition centers, civic
15 auditoriums, and office and municipal buildings, including
16 sites and parking areas and facilities therefor located
17 within the metropolitan area.
18 (b) To enter into contracts treating in any manner with
19 the objects and purposes of this Article Act.
20 (c) To plan for such grounds, centers and auditoriums
21 and to plan, sponsor, hold, arrange, and finance fairs,
22 industrial, cultural, educational, trade and scientific
23 exhibits, shows and events and to use or allow the use of
24 such grounds, centers and auditoriums for the holding of
25 fairs, exhibits, shows and events, whether conducted by the
26 Authority or some other person or governmental agency.
27 (d) To fix and collect just, reasonable and
28 nondiscriminatory charges and rents for the use of such
29 parking areas and facilities, grounds, centers, buildings and
30 auditoriums, and to collect admission charges to fairs,
31 shows, exhibits and events sponsored or held by the
32 Authority. The charges collected may be made available to
33 defray the reasonable expenses of the Authority and to pay
-567- LRB9000879DJcd
1 the principal of and the interest on any bonds issued by the
2 Authority.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/5-6) (from Ch. 85, par. 3806)
5 Section 2-25. Incurring obligations. Sec. 5-6. The
6 Authority shall not incur any obligations for salaries or for
7 office or administrative expenses except within the amounts
8 of funds that which will be available to it when such
9 obligations become payable.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/5-6.1) (from Ch. 85, par. 3806.1)
12 Section 2-30. Prompt payment. Sec. 5-6.1. Purchases
13 made under pursuant to this Article Act shall be made in
14 compliance with the the "Local Government Prompt Payment
15 Act", approved by the Eighty-fourth General Assembly.
16 (Source: P.A. 84-731.)
17 (70 ILCS 270/5-7) (from Ch. 85, par. 3807)
18 Section 2-36. Acquisition of property from person or
19 governmental agency. Sec. 5-7. The Authority shall have the
20 power (i) to acquire and accept by purchase, lease, gift or
21 otherwise any property or rights from any person or
22 governmental agency useful for its purposes, (ii) and to
23 apply for and accept grants, matching grants, loans or
24 appropriations from the State of Illinois or any agency or
25 instrumentality thereof to be used for any of the purposes of
26 the Authority, and (iii) to enter into any agreement with the
27 State of Illinois in relation to such grants, matching
28 grants, loans or appropriations.
29 (Source: P.A. 83-1456.)
30 (70 ILCS 270/5-8) (from Ch. 85, par. 3808)
-568- LRB9000879DJcd
1 Section 2-40. Federal money. Sec. 5-8. The Authority
2 shall have the power (i) to apply for and accept grants,
3 matching grants, loans or appropriations from the federal
4 government or any agency or instrumentality thereof to be
5 used for any of the purposes of the Authority, and (ii) to
6 enter into any agreement with the federal government in
7 relation to such grants, matching grants, loans or
8 appropriations.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/5-9) (from Ch. 85, par. 3809)
11 Section 2-45. Insurance. Sec. 5-9. The Authority shall
12 have the power to procure and enter into contracts for any
13 type of insurance and indemnity against loss or damage to
14 property from any cause, against loss of use and occupancy,
15 against employers' liability, against any act of any member,
16 officer, or employee of the Board or Authority in the
17 performance of the duties of the his office or employment,
18 and or against any other insurable risk.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/5-10) (from Ch. 85, par. 3810)
21 Section 50-15. Borrowing; revenue bonds. Sec. 5-10. * *
22 * (nonstandard provisions contained in Section 50-15) * * *
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/5-11) (from Ch. 85, par. 3811)
25 Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
26 * * * (nonstandard provisions contained in Section 50-16) * *
27 *
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/5-12) (from Ch. 85, par. 3812)
30 Section 50-17. Investment in bonds. Sec. 5-12. * * *
-569- LRB9000879DJcd
1 (nonstandard provisions contained in Section 50-17) * * *
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/5-13) (from Ch. 85, par. 3813)
4 Section 2-76. Board members; financial matters;
5 compensation for secretary or treasurer; conflict of
6 interest. Sec. 5-13. * * * (nonstandard provisions contained
7 in Section 50-20) * * * The members of the Board They shall
8 serve without compensation, but shall be reimbursed for
9 actual expenses incurred by them in the performance of their
10 duties. However, any member of the Board who is appointed to
11 the office of secretary or treasurer may receive compensation
12 for his or her services as such officer.
13 No member of the Board or employee of the Authority shall
14 have any private financial interest, profit or benefit in any
15 contract, work or business of the Authority or in the sale or
16 lease of any property to or from the Authority.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/5-14) (from Ch. 85, par. 3814)
19 Section 2-80. Board members' oath. Sec. 5-14. * * *
20 (nonstandard provisions contained in Section 50-25) * * *
21 Within 30 days after certification of his appointment, and
22 before entering upon the duties of his office, each member of
23 the Board shall take and subscribe the constitutional oath of
24 office and file it in the office of the Secretary of State.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 270/5-15) (from Ch. 85, par. 3815)
27 Section 2-85. Board members; vacancy in office. Sec.
28 5-15. Members of the Board shall hold office until their
29 respective successors have been appointed and qualified. Any
30 member may resign from his office; the resignation takes to
31 take effect when the member's his successor has been
-570- LRB9000879DJcd
1 appointed and has qualified.
2 Section 2-83. Removal of Board member from office. The
3 appointing officer may remove any member of the Board
4 appointed by the officer him, in case of incompetency,
5 neglect of duty, or malfeasance in office, after service on
6 the member him, by registered United States mail, return
7 receipt requested, of a copy of the written charges against
8 the member and him, and by providing him an opportunity to be
9 publicly heard in person or by counsel in the member's his
10 own defense upon not less than 10 days' notice.
11 (Section 2-85, resumed)
12 In case of failure to qualify within the time required,
13 or of abandonment of office, or in case of death, conviction
14 of a felony or removal from office, a member's office shall
15 become vacant. Each vacancy shall be filled for the
16 unexpired term by appointment in like manner, as in the case
17 of expiration of the term of a member of the Board.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/5-16) (from Ch. 85, par. 3816)
20 Section 2-90. Organization of the Board. Sec. 5-16. As
21 soon as practicably possible practicable after the
22 appointment of the initial members, the Board shall organize
23 for the transaction of business, select a chairman and a
24 temporary secretary from its own number, and adopt by-laws
25 and regulations to govern its proceedings. The initial
26 chairman and his successors shall be elected by the Board
27 from time to time for the term of the chairman's his office
28 as a member of the Board or for the a term of 3 years,
29 whichever is shorter.
30 (Source: P.A. 83-1456.)
31 (70 ILCS 270/5-17) (from Ch. 85, par. 3817)
32 Section 2-95. Meetings; action by 5 Board members. Sec.
-571- LRB9000879DJcd
1 5-17. Regular meetings of the Board shall be held at least
2 once in each calendar month, the time and place of such
3 meetings to be fixed by the Board.
4 Five members of the Board shall constitute a quorum for
5 the transaction of business. All actions action of the Board
6 shall be by ordinance or resolution and the affirmative vote
7 of at least 5 members shall be necessary for the adoption of
8 any ordinance or resolution.
9 All ordinances, resolutions and records of proceedings of
10 the Authority, and all documents and records in its
11 possession, shall be public records, and open to public
12 inspection, except such documents and records as shall be
13 kept or prepared by the Board for use in negotiations,
14 actions or proceedings to which the Authority is a party.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/5-18) (from Ch. 85, par. 3818)
17 Section 2-101. Secretary; treasurer; funds deposited in
18 bank or savings and loan association. Sec. 5-18. The Board
19 shall appoint a secretary and a treasurer, who need not be
20 members of the Board, to hold office during at the pleasure
21 of the Board, and shall fix their duties and compensation.
22 Before entering upon the their duties of their respective
23 offices they shall take and subscribe the constitutional oath
24 of office, and the treasurer shall execute a bond with
25 corporate sureties to be approved by the Board. The bond
26 shall be payable to the Authority in whatever penal sum may
27 be directed upon the faithful performance of the duties of
28 the office and the payment of all money received by the
29 treasurer him according to law and the orders of the Board.
30 The Board may, at any time, require a new bond from the
31 treasurer in such penal sum as may then be determined by the
32 Board. The obligation of the sureties shall not extend to
33 any loss sustained by the insolvency, failure or closing of
-572- LRB9000879DJcd
1 any savings and loan association or national or State bank
2 wherein the treasurer has deposited funds if the bank or
3 savings and loan association has been approved by the Board
4 as a depository for those these funds. The oaths of office
5 and the treasurer's bond shall be filed in the principal
6 office of the Authority.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/5-19) (from Ch. 85, par. 3819)
9 Section 2-106. Funds; compliance with Public Funds
10 Investment Act. Sec. 5-19. All funds deposited by the
11 treasurer in any bank or savings and loan association shall
12 be placed in the name of the Authority and shall be withdrawn
13 or paid out only by check or draft upon the bank or savings
14 and loan association, signed by the treasurer and
15 countersigned by the chairman of the Board. The Board may
16 designate any of its members or any officer or employee of
17 the Authority to affix the signature of the chairman and
18 another to affix the signature of the treasurer to any check
19 or draft for payment of salaries or wages and for payment of
20 any other obligation of not more than $2,500.
21 No bank or savings and loan association shall receive
22 public funds as permitted by this Section, unless it has
23 complied with the requirements established pursuant to
24 Section 6 of the Public Funds Investment Act "An Act relating
25 to certain investments of public funds by public agencies",
26 approved July 23, 1943, as now or hereafter amended.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/5-20) (from Ch. 85, par. 3820)
29 Section 2-110. Signatures on checks or drafts. Sec.
30 5-20. In case any officer whose signature appears upon any
31 check or draft, issued pursuant to this Article Act, ceases
32 (after attaching his signature) to hold his office after
-573- LRB9000879DJcd
1 attaching his or her signature and before the delivery of the
2 check or draft thereof to the payee, that his signature
3 nevertheless shall be valid and sufficient for all purposes
4 with the same effect as if the officer he had remained in
5 office until delivery thereof.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/5-21) (from Ch. 85, par. 3821)
8 Section 2-115. General manager; other appointments. Sec.
9 5-21. The Board may appoint a general manager who shall be a
10 person of recognized ability and business experience, to hold
11 office during at the pleasure of the Board. The general
12 manager shall have management of manage the properties and
13 business of the Authority and of the employees thereof
14 subject to the general control of the Board, and shall direct
15 the enforcement of all ordinances, resolutions, rules and
16 regulations of the Board, and shall perform such other duties
17 as may be prescribed from time to time by the Board.
18 The Board may appoint a general attorney and a chief
19 engineer and shall provide for the appointment of such other
20 officers, attorneys, engineers, planners, consultants, agents
21 and employees as may be necessary. The Board shall define
22 their duties and require bonds of such of them as the Board
23 may designate.
24 The general manager, general attorney, chief engineer,
25 and all other officers provided for pursuant to this Section
26 shall be exempt from taking and subscribing any oath of
27 office and shall not be members of the Board.
28 The compensation of the general manager, general
29 attorney, chief engineer, and all other officers, attorneys,
30 planners, consultants, agents and employees shall be fixed by
31 the Board.
32 (Source: P.A. 83-1456.)
-574- LRB9000879DJcd
1 (70 ILCS 270/5-22) (from Ch. 85, par. 3822)
2 Section 2-120. Ordinances, rules, and regulations; fines
3 and penalties. Sec. 5-22. The Board shall have power to pass
4 all ordinances and make all rules and regulations proper or
5 necessary to carry into effect the powers granted to the
6 Authority, with such fines or penalties as may be deemed
7 proper. All fines and penalties shall be imposed by
8 ordinance, which shall be published in a newspaper of general
9 circulation published in the metropolitan area. No such
10 ordinance imposing a fine or penalty shall take effect until
11 10 days after its publication.
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/5-23) (from Ch. 85, par. 3823)
14 Section 2-127. Contracts; award to other than highest or
15 lowest bidder by four-fifths vote. Sec. 5-23. All contracts
16 for sale of property of the value of more than $2500, or for
17 a concession in or lease of property, including air rights,
18 of the Authority for a term of more than one year, shall be
19 awarded to the highest responsible bidder, after advertising
20 for bids. All construction contracts and contracts for
21 supplies, materials, equipment and services, when the expense
22 thereof will exceed $2500, shall be let to the lowest
23 responsible bidder, after advertising for bids, except: (1)
24 when repair parts, accessories, equipment or services are
25 required for equipment or services previously furnished or
26 contracted for; (2) when the nature of the services required
27 is such that competitive bidding is not in the best interest
28 of the public, including, without limiting the generality of
29 the foregoing, the services of accountants, architects,
30 attorneys, engineers, physicians, superintendents of
31 construction, and others possessing a high degree of skill;
32 and (3) when services such as water, light, heat, power,
33 telephone or telegraph are required.
-575- LRB9000879DJcd
1 All contracts involving less than $2500 shall be let by
2 competitive bidding to the lowest responsible bidder whenever
3 possible, and in any event in a manner calculated to ensure
4 insure the best interests of the public.
5 In determining the responsibility of any bidder, the
6 Board may take into account the past record of dealings with
7 the bidder, the bidder's experience, adequacy of equipment,
8 and ability to complete performance within the time set, and
9 other factors besides financial responsibility, but in no
10 case shall any such contract be awarded to any other than the
11 highest bidder (in case of sale, concession or lease), or the
12 lowest bidder (in case of purchase or expenditure), unless
13 authorized or approved by a vote of at least 4/5 of the
14 members of the Board, and unless such action is accompanied
15 by a statement in writing setting forth the reasons for not
16 awarding the contract to the highest or lowest bidder, as the
17 case may be, which statement shall be kept on file in the
18 principal office of the Authority and open to public
19 inspection.
20 Members of the Board, officers and employees of the
21 Authority, and their relatives within the fourth degree of
22 consanguinity by the terms of the civil law, are forbidden to
23 be interested directly or indirectly in any contract for
24 construction or maintenance work or for the delivery of
25 materials, supplies or equipment.
26 The Board shall have the right to reject all bids and to
27 readvertise for bids. If after any such advertisement no
28 responsible and satisfactory bid, within the terms of the
29 advertisement, shall be received, the Board may award such
30 contract, without competitive bidding, provided that it shall
31 not be less advantageous to the Authority than any valid bid
32 received pursuant to advertisement.
33 The Board shall adopt rules and regulations to carry into
34 effect the provisions of this Section.
-576- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/5-24) (from Ch. 85, par. 3824)
3 Section 2-130. Bids and advertisements. Sec. 5-24.
4 Advertisements for bids shall be published at least twice in
5 a daily newspaper of general circulation published in the
6 metropolitan area, the last publication to be at least 10
7 calendar days before the time for receiving bids, and such
8 advertisements shall also be posted on readily accessible
9 bulletin boards in the principal office of the Authority.
10 Such advertisements shall state the time and place for
11 receiving and opening of bids, and, by reference to plans and
12 specifications on file at the time of the first publication,
13 or in the advertisement itself, shall describe the character
14 of the proposed contract in sufficient detail to fully advise
15 prospective bidders of their obligations and to ensure insure
16 free and open competitive bidding.
17 All bids in response to advertisements shall be sealed
18 and shall be publicly opened by the Board, and all bidders
19 shall be entitled to be present in person or by
20 representatives. Cash or a certified or satisfactory
21 cashier's check, as a deposit of good faith, in a reasonable
22 amount to be fixed by the Board before advertising for bids,
23 shall be required with the proposal of each bidder. Bond for
24 faithful performance of the contract with surety or sureties
25 satisfactory to the Board and adequate insurance may be
26 required in reasonable amounts to be fixed by the Board
27 before advertising for bids.
28 The contract shall be awarded as promptly as possible
29 after the opening of bids. The bid of the successful bidder,
30 as well as the bids of the unsuccessful bidders, shall be
31 placed on file and be open to public inspection. All bids
32 shall be void if any disclosure of the terms of any bid in
33 response to an advertisement is made or permitted to be made
-577- LRB9000879DJcd
1 by the Board before the time fixed for opening bids.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/5-25) (from Ch. 85, par. 3825)
4 Section 50-30. Report and financial statement. Sec.
5 5-25. * * * (nonstandard provisions contained in Section
6 50-30) * * *
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/5-26) (from Ch. 85, par. 3826)
9 Section 2-145. Antitrust laws. Sec. 5-26. The Authority
10 is hereby expressly made the beneficiary of the provisions of
11 Section 1 of the Local Government Antitrust Exemption Act"An
12 Act to make explicit the authorization for units of local
13 government and certain other governmental bodies to act as
14 permitted by statute or the Illinois Constitution,
15 notwithstanding effects on competition", amendatory veto
16 overridden November 3, 1983, and the General Assembly intends
17 that the "State action exemption" to the application of the
18 federal antitrust anti-trust laws be fully available to the
19 Authority to the extent its activities are either (1)
20 expressly or by necessary implication authorized by this
21 Article Act or other Illinois law, or (2) within traditional
22 areas of local governmental activity.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/5-27) (from Ch. 85, par. 3827)
25 Section 2-150. Tax exemption. Sec. 5-27. All property
26 of the Authority shall be exempt from taxation by the State
27 or any taxing unit therein.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/5-28) (from Ch. 85, par. 3828)
30 Section 2-140. State financial report. Sec. 5-28. The
-578- LRB9000879DJcd
1 Authority created by this Article Act shall receive financial
2 support from the State in the amounts provided for in Section
3 4 of the Metropolitan Civic Center Support Act.
4 (Source: P.A. 83-1456.)
5 PART 55. CHICAGO SOUTH CIVIC CENTER
6 (70 ILCS 245/1-1) (from Ch. 85, par. 6701-1)
7 Section 2-3. Purpose. Sec. 1-1. The purpose of this
8 Article is to accomplish the aims of the State of Illinois to
9 enhance the ability of its citizens to avail themselves of
10 civic and cultural centers geographically situated throughout
11 the entire State of Illinois.
12 (Source: P.A. 86-8.)
13 (70 ILCS 245/1-2) (from Ch. 85, par. 6701-2)
14 Section 55-1. Short title. Sec. 1-2. * * * (nonstandard
15 provisions contained in Section 55-1) * * *
16 (Source: P.A. 86-8; 87-738.)
17 (70 ILCS 245/1-3) (from Ch. 85, par. 6701-3)
18 Section 2-5. Definitions. Sec. 1-3. When used In this
19 Article:
20 * * * (nonstandard provisions contained in Section 55-5)
21 * * *
22 "Governmental agency" means the federal government, the
23 State, and any unit of local government or school district
24 governmental body, and any agency or instrumentality,
25 corporate or otherwise, thereof.
26 "Person" means any individual, firm, partnership,
27 corporation, both domestic and foreign, company, association
28 or joint stock association; and includes any trustee,
29 receiver, assignee or personal representative thereof.
30 * * * (nonstandard provisions contained in Section 55-5)
31 * * *
-579- LRB9000879DJcd
1 (Source: P.A. 86-8; 87-738.)
2 (70 ILCS 245/1-4) (from Ch. 85, par. 6701-4)
3 Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
4 (nonstandard provisions contained in Section 55-10) * * *
5 (a) The Authority may sue and be sued in its corporate
6 name, but execution shall not in any case issue against any
7 property of the Authority.
8 (b) The Authority It may adopt a common seal and change
9 the same at its pleasure. * * * (nonstandard provisions
10 contained in Section 55-10) * * *
11 (Source: P.A. 86-8; 87-738.)
12 (70 ILCS 245/1-5) (from Ch. 85, par. 6701-5)
13 Section 2-15. Duties; auditorium, recreational, and
14 other buildings; lease of space. Sec. 1-5. It shall be the
15 duty of the Authority to promote, operate and maintain
16 expositions, conventions, and theatrical, sports and cultural
17 activities from time to time in the metropolitan area and in
18 connection therewith to arrange, finance and maintain
19 industrial, cultural, educational, theatrical, sports, trade
20 and scientific exhibits and to construct, equip and maintain
21 auditorium, exposition, recreational and office buildings for
22 such purposes.
23 The provision of office space for lease and rental and
24 the lease of air space over and appurtenant to such
25 structures shall be deemed an integral function of the
26 Authority.
27 The Authority is granted all rights and powers necessary
28 to perform such duties.
29 (Source: P.A. 86-8.)
30 (70 ILCS 245/1-6) (from Ch. 85, par. 6701-6)
31 Section 2-20. Rights and powers, including eminent
-580- LRB9000879DJcd
1 domain. Sec. 1-6. The Authority shall have the following
2 rights and powers duties:
3 (a) To acquire, purchase, own, construct, lease as
4 lessee or in any other way acquire, improve, extend, repair,
5 reconstruct, regulate, operate, equip and maintain exhibition
6 centers, civic auditoriums, cultural facilities and office
7 buildings, including sites and parking areas and commercial
8 facilities therefor located within the metropolitan area;
9 (b) To plan for such grounds, centers and auditoriums
10 and to plan, sponsor, hold, arrange and finance fairs,
11 industrial, cultural, educational education, trade and
12 scientific exhibits, shows and events and to use or allow the
13 use of such grounds, centers, and auditoriums for the holding
14 of fairs, exhibits, shows and events whether conducted by the
15 Authority or some other person or governmental agency;
16 (c) To exercise the right of eminent domain to acquire
17 sites for such grounds, centers, buildings and auditoriums,
18 and parking areas and facilities in the manner provided for
19 the exercise of the right of eminent domain under Article VII
20 of the Code of Civil Procedure, as now or hereafter amended;
21 (d) To fix and collect just, reasonable and
22 nondiscriminatory charges and rents for the use of such
23 parking areas and facilities, grounds, centers, buildings and
24 auditoriums and admission charges to fairs, shows, exhibits
25 and events sponsored or held by the Authority. The charges
26 collected may be made available to defray the reasonable
27 expenses of the Authority and to pay the principal of, and
28 the interest on, any bonds issued by the Authority;
29 (e) To enter into contracts treating in any manner with
30 the objects and purposes of this Article.
31 (Source: P.A. 86-8.)
32 (70 ILCS 245/1-7) (from Ch. 85, par. 6701-7)
33 Section 2-25. Incurring obligations. Sec. 1-7. The
-581- LRB9000879DJcd
1 Authority shall not incur any obligations for salaries or
2 for, office or administrative expenses except within the
3 amounts of funds that which will be available to it when such
4 obligations become payable.
5 (Source: P.A. 86-8.)
6 (70 ILCS 245/1-8) (from Ch. 85, par. 6701-8)
7 Section 2-35. Acquisition of property from person,
8 State, or local agency. Sec. 1-8. The Authority shall have
9 power (i) to acquire and accept by purchase, lease, gift or
10 otherwise any property or rights useful for the Authority's
11 purposes from any person or persons, from any municipal
12 corporation, body politic, or agency of the State, or from
13 the State itself, (ii) useful for its purposes, and to apply
14 for and accept grants, matching grants, loans or
15 appropriations from the State of Illinois or any agency or
16 instrumentality thereof to be used for any of the purposes of
17 the Authority, and (iii) to enter into any agreement with the
18 State of Illinois in relation to such grants, matching
19 grants, loans or appropriations.
20 (Source: P.A. 86-8.)
21 (70 ILCS 245/1-9) (from Ch. 85, par. 6701-9)
22 Section 2-40. Federal money. Sec. 1-9. The Authority
23 shall have the power (i) to apply for and accept grants,
24 matching grants, loans or appropriations from the federal
25 government or any agency or instrumentality thereof to be
26 used for any of the purposes of the Authority and (ii) to
27 enter into any agreement with the federal government in
28 relation to such grants, matching grants, loans or
29 appropriations.
30 (Source: P.A. 86-8.)
31 (70 ILCS 245/1-10) (from Ch. 85, par. 6701-10)
-582- LRB9000879DJcd
1 Section 2-45. Insurance. Sec. 1-10. The Authority shall
2 have the power to procure and enter into contracts for any
3 type of insurance and indemnity against loss or damage to
4 property from any cause, against loss of use and occupancy,
5 against employers' liability, against any act of any member,
6 officer, or employee of the Board or Authority in the
7 performance of the duties of the his or her office or
8 employment, and against or any other insurable risk.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/1-11) (from Ch. 85, par. 6701-11)
11 Section 2-50. Borrowing; revenue bonds; suits to compel
12 performance. Sec. 1-11. The Authority shall have continuing
13 power to borrow money for the purpose of carrying out and
14 performing its duties and exercising its powers under this
15 Article.
16 For the purpose of evidencing the obligation of the
17 Authority to repay any money borrowed as aforesaid, the
18 Authority may, pursuant to an ordinance adopted by the Board,
19 from time to time issue and dispose of its interest bearing
20 revenue bonds, and may also from time to time issue and
21 dispose of its interest bearing revenue bonds to refund any
22 bonds at maturity or pursuant to redemption provisions or at
23 any time before maturity with the consent of the holders
24 thereof. All such bonds shall be payable solely from the
25 revenues or income to be derived from the fairs, expositions,
26 exhibitions, rentals and leases and other authorized
27 activities operated by it, and from funds, if any, received
28 and to be received by the Authority from any other source.
29 Such bonds may bear such date or dates, may mature at such
30 time or times not exceeding 40 years from their respective
31 dates, may bear interest at such rate or rates, not exceeding
32 the maximum rate permitted by the Bond Authorization Act "An
33 Act to authorize public corporations to issue bonds, other
-583- LRB9000879DJcd
1 evidences of indebtedness and tax anticipation warrants
2 subject to interest rate limitations set forth therein",
3 approved May 26, 1970, as now or hereafter amended, may be in
4 such form, may carry such registration privileges, may be
5 executed in such manner, may be payable at such place or
6 places, may be made subject to redemption in such manner and
7 upon such terms, with or without premium as is stated on the
8 face thereof, may be executed in such manner, and may contain
9 such terms and covenants, all as may be provided in said
10 ordinance. In case any officer whose signature appears on
11 any bond ceases (after attaching his or her signature) to
12 hold office, his or her signature shall nevertheless be valid
13 and effective for all purposes. The holder or holders of any
14 bonds, or interest coupons appertaining thereto issued by the
15 Authority may bring suits at law or proceedings in equity to
16 compel the performance and observance by the Authority or any
17 of its officers, agents or employees of or any contract or
18 covenant made by the Authority with the holders of such bonds
19 or interest coupons, and to compel the Authority or and any
20 of its officers, agents or employees to perform any duties
21 required to be performed for the benefit of the holders of
22 any such bonds or interest coupons by the provisions of the
23 ordinance authorizing their issuance, and to enjoin the
24 Authority and any of its officers, agents or employees from
25 taking any action in conflict with any such contract or
26 covenant.
27 Notwithstanding the form and tenor of any such bonds and
28 in the absence of any express recital on the face fact
29 thereof that it is non-negotiable, all such bonds shall be
30 negotiable instruments under the Uniform Commercial Code.
31 From and after the issuance of any bonds as herein
32 provided it shall be the duty of the corporate authorities of
33 the Authority to fix and establish rates, charges, rents, and
34 fees for the use of facilities acquired, constructed,
-584- LRB9000879DJcd
1 reconstructed, extended or improved with the proceeds of the
2 sale of said bonds sufficient at all times, with other
3 revenues of the Authority, to pay:
4 (a) the cost of maintaining, repairing, regulating and
5 operating the said facilities; and
6 (b) the bonds and interest thereon as they shall become
7 due, and all sinking fund requirements and other requirements
8 provided by the ordinance authorizing the issuance of the
9 bonds or as provided by any trust agreement executed to
10 secure payment thereof.
11 To secure the payment of any or all of such bonds and for
12 the purpose of setting forth the covenants and undertakings
13 of the Authority in connection with the issuance thereof and
14 the issuance of any additional bonds payable from such
15 revenue income to be derived from the fairs, recreational,
16 theatrical, and cultural, expositions, sports activities,
17 exhibitions, office rentals, and air space leases and
18 rentals, and from other revenue, if any, the Authority may
19 execute and deliver a trust agreement or agreements; provided
20 that no lien upon any physical property of the Authority
21 shall be created thereby.
22 A remedy for any breach or default of the terms of any
23 such trust agreement by the Authority may be by mandamus
24 proceedings in any court of competent jurisdiction to compel
25 performance and compliance therewith, but the trust agreement
26 may prescribe by whom or on whose behalf such action may be
27 instituted.
28 Before any such bonds (excepting refunding bonds) are
29 sold, the entire authorized issue, or any part thereof, shall
30 be offered for sale as a unit after advertising for bids at
31 least 3 times in a daily newspaper of general circulation
32 published in the metropolitan area, the last publication to
33 be at least 10 days before bids are required to be filed.
34 Copies of such advertisement may be published in any
-585- LRB9000879DJcd
1 newspaper or financial publication in the United States. All
2 bids shall be sealed, filed and opened as provided by
3 ordinance and the bonds shall be awarded to the highest and
4 best bidder or bidders therefor. The Authority shall have
5 the right to reject all bids and to readvertise for bids in
6 the manner provided for in the initial advertisement.
7 However, if no bids are received, such bonds may be sold at
8 not less than par value, without further advertising, within
9 60 days after the bids are required to be filed pursuant to
10 any advertisement.
11 (Source: P.A. 86-8.)
12 (70 ILCS 245/1-12) (from Ch. 85, par. 6701-12)
13 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
14 Under no circumstances shall any bonds issued by the
15 Authority be or become an indebtedness or obligation of the
16 State of Illinois or of any political subdivision of or
17 municipality within the State, nor shall any such bond or
18 obligation be or become an indebtedness of the Authority
19 within the purview of any constitutional limitation or
20 provision, and it shall be plainly stated on the face of each
21 such bond that it does not constitute such an indebtedness or
22 obligation but is payable solely from the revenues or income
23 as provided in this Article aforesaid.
24 (Source: P.A. 86-8.)
25 (70 ILCS 245/1-13) (from Ch. 85, par. 6701-13)
26 Section 2-60. Investment in bonds. Sec. 1-13. The State
27 and all counties, cities, villages, incorporated towns and
28 other municipal corporations, political subdivisions and
29 public bodies, and public officers of any thereof;, all
30 banks, bankers, trust companies, savings banks and
31 institutions, building and loan associations, savings and
32 loan associations, investment companies, and other persons
-586- LRB9000879DJcd
1 carrying on an insurance business; and all executors,
2 administrators, guardians, trustees and other fiduciaries may
3 legally invest any sinking funds, moneys or other funds
4 belonging to them or within their control in any bonds issued
5 pursuant to this Article, it being the purpose of this
6 Section to authorize the investment in such bonds of all
7 sinking, insurance, retirement, compensation, pension and
8 trust funds, whether owned or controlled by private or public
9 persons or officers; provided, however, that nothing
10 contained in this Section may be construed as relieving any
11 person from any duty of exercising reasonable care in
12 selecting securities for investment.
13 (Source: P.A. 86-8.)
14 (70 ILCS 245/1-13.1) (from Ch. 85, par. 6701-13.1)
15 Section 55-15. Inclusion of contiguous territory within
16 metropolitan area. Sec. 1-13.1. * * * (nonstandard provisions
17 contained in Section 55-15) * * *
18 (Source: P.A. 87-738.)
19 (70 ILCS 245/1-14) (from Ch. 85, par. 6701-14)
20 Section 2-75. Board members; financial matters; conflict
21 of interest. Sec. 1-14. * * * (nonstandard provisions
22 contained in Section 55-20) * * *
23 (Source: P.A. 86-8; 87-738.)
24 (70 ILCS 245/1-15) (from Ch. 85, par. 6701-15)
25 Section 2-80. Board members' oath. Sec. 1-15. * * *
26 (nonstandard provisions contained in Section 55-25) * * *
27 Within 30 days after certification of his or her appointment,
28 and before entering upon the duties of his or her office,
29 each member of the Board shall take and subscribe the
30 constitutional oath of office and file it in the office of
31 the Secretary of State.
-587- LRB9000879DJcd
1 (Source: P.A. 86-8; 87-738.)
2 (70 ILCS 245/1-16) (from Ch. 85, par. 6701-16)
3 Section 55-30. Board members; vacancy in office. Sec.
4 1-16. * * * (nonstandard provisions contained in Section
5 55-30) * * *
6 (Source: P.A. 86-8; 87-738.)
7 (70 ILCS 245/1-17) (from Ch. 85, par. 6701-17)
8 Section 55-35. Organization of the Board. Sec. 1-17. * *
9 * (nonstandard provisions contained in Section 55-35) * * *
10 (Source: P.A. 86-8; 87-738.)
11 (70 ILCS 245/1-18) (from Ch. 85, par. 6701-18)
12 Section 2-97. Board meetings; public records. Sec. 1-18.
13 Regular meetings of the Board shall be held at least once in
14 each calendar month, the time and place of such meetings to
15 be fixed by the Board. * * * (nonstandard provisions
16 contained in Section 55-40) * * *
17 All ordinances, resolutions and all proceedings of the
18 Authority and all documents and records in its possession
19 shall be public records, and open to public inspection,
20 except such documents and records as shall be kept or
21 prepared by the Board for use in negotiations, actions or
22 proceedings to which the Authority is a party.
23 (Source: P.A. 86-8; 87-738.)
24 (70 ILCS 245/1-19) (from Ch. 85, par. 6701-19)
25 Section 2-100. Secretary; treasurer. Sec. 1-19. The
26 Board shall appoint a secretary and a treasurer, who need not
27 be members of the Board, to hold office during the pleasure
28 of the Board, and shall fix their duties and compensation.
29 Before entering upon the duties of their respective offices,
30 they shall take and subscribe the constitutional oath of
-588- LRB9000879DJcd
1 office, and the treasurer shall execute a bond with corporate
2 sureties to be approved by the Board. The bond shall be
3 payable to the Authority in whatever penal sum may be
4 directed upon the faithful performance of the duties of the
5 office and the payment of all money received by the treasurer
6 him or her according to law and the orders of the Board. The
7 Board may, at any time, require a new bond from the treasurer
8 in a such penal sum as may then be determined by the Board.
9 The obligation of the sureties shall not extend to any loss
10 sustained by the insolvency, failure or closing of any
11 national or state bank wherein the treasurer has deposited
12 funds if the bank has been approved by the Board as a
13 depositary depository for those these funds. The oaths of
14 office and the treasurer's bond bonds shall be filed in the
15 principal office of the Authority.
16 (Source: P.A. 86-8.)
17 (70 ILCS 245/1-20) (from Ch. 85, par. 6701-20)
18 Section 2-105. Funds. Sec. 1-20. All funds deposited by
19 the treasurer in any bank shall be placed in the name of the
20 Authority and shall be withdrawn or paid out only by check or
21 draft upon the bank, signed by the treasurer and
22 countersigned by the chairman chairperson of the Board. The
23 Board may designate any of its members or any officer or
24 employee of the Authority to affix the signature of the
25 chairman chairperson and another to affix the signature of
26 the treasurer to any check or draft for payment of salaries
27 or wages and for payment of any other obligation of not more
28 than $2,500.
29 (Source: P.A. 86-8.)
30 (70 ILCS 245/1-21) (from Ch. 85, par. 6701-21)
31 Section 2-110. Signatures on checks or drafts. Sec.
32 1-21. In case any officer whose signature appears upon any
-589- LRB9000879DJcd
1 check or draft issued pursuant to this Article Act ceases
2 (after attaching his or her signature) to hold office after
3 attaching his or her signature and before the delivery of the
4 check or draft thereof to the payee, that his or her
5 signature, nevertheless, shall be valid and sufficient for
6 all purposes with the same effect as if the officer he or she
7 had remained in office until delivery.
8 (Source: P.A. 86-8.)
9 (70 ILCS 245/1-22) (from Ch. 85, par. 6701-22)
10 Section 2-115. General manager; other appointments. Sec.
11 1-22. The Board may appoint a general manager who shall be a
12 person of recognized ability and business experience, to hold
13 office during the pleasure of the Board. The general manager
14 shall have management of the properties and business of the
15 Authority and of the employees thereof subject to the general
16 control of the Board, shall direct the enforcement of all
17 ordinances, resolutions, rules and regulations of the Board,
18 and shall perform such other duties as may be prescribed from
19 time to time by the Board.
20 The Board may appoint a general attorney and a chief
21 engineer and shall provide for the appointment of such other
22 officers, attorneys, engineers, planners, consultants, agents
23 and employees as may be necessary. The Board It shall define
24 their duties and require bonds of such of them as the Board
25 may designate.
26 The general manager, general attorney, chief engineer,
27 and all other officers provided for, pursuant to this
28 Section, shall be exempt from taking and subscribing any oath
29 of office and shall not be members of the Board.
30 The compensation of the general manager, general
31 attorney, chief engineer, and all other officers, attorneys,
32 planners, consultants, agents and employees shall be fixed by
33 the Board.
-590- LRB9000879DJcd
1 (Source: P.A. 86-8.)
2 (70 ILCS 245/1-23) (from Ch. 85, par. 6701-23)
3 Section 2-122. Rules and regulations; penalties. Sec.
4 1-23. The Board shall have power to make all rules and
5 regulations, proper or necessary, to carry into effect the
6 powers granted to the Authority, with such penalties as may
7 be deemed proper.
8 (Source: P.A. 86-8.)
9 (70 ILCS 245/1-24) (from Ch. 85, par. 6701-24)
10 Section 55-45. Contracts. Sec. 1-24. * * * (nonstandard
11 provisions contained in Section 55-45) * * *
12 (Source: P.A. 86-8; 87-738.)
13 (70 ILCS 245/1-25) (from Ch. 85, par. 6701-25)
14 Section 2-130. Bids and advertisements. Sec. 1-25.
15 Advertisements for bids shall be published at least twice in
16 a daily newspaper of general circulation published in the
17 metropolitan area, the last publication to be at least 10
18 calendar days before the time for receiving bids, and such
19 advertisements shall also be posted on readily accessible
20 bulletin boards in the principal office of the Authority.
21 Such advertisements shall state the time and place for
22 receiving and opening of bids and, by reference to plans and
23 specifications on file for receiving and opening of bids and
24 by reference to plans and specifications on file at the time
25 of the first publication, or in the advertisement itself,
26 shall describe the character of the proposed contract in
27 sufficient detail to fully advise prospective bidders of
28 their obligations and to ensure insure free and open
29 competitive bidding.
30 All bids in response to advertisements shall be sealed
31 and shall be publicly opened by the Board, and all bidders
-591- LRB9000879DJcd
1 shall be entitled to be present in person or by
2 representatives. Cash or a certified or satisfactory
3 cashier's check, as a deposit of good faith, in a reasonable
4 amount to be fixed by the Board before advertising for bids,
5 shall be required with the proposal of each bidder. Bond for
6 faithful performance of the contract with surety or sureties
7 satisfactory to the Board and adequate insurance may be
8 required in reasonable amounts to be fixed by the Board
9 before advertising for bids.
10 The contract shall be awarded as promptly as possible
11 after the opening of bids. The bid of the successful bidder,
12 as well as the bids of the unsuccessful bidders, shall be
13 placed on file and be open to public inspection. All bids
14 shall be void if any disclosure of the terms of any bid in
15 response to an advertisement is made or permitted to be made
16 by the Board before the time fixed for opening bids.
17 * * * (nonstandard provisions contained in Section 55-50)
18 * * *
19 (Source: P.A. 86-8.)
20 (70 ILCS 245/1-26) (from Ch. 85, par. 6701-26)
21 Section 55-55. Report and financial statement. Sec.
22 1-26. * * * (nonstandard provisions contained in Section
23 55-55) * * *
24 (Source: P.A. 86-8.)
25 (70 ILCS 245/1-27) (from Ch. 85, par. 6701-27)
26 Section 2-140. State financial support. Sec. 1-27. The
27 Authority created by this Article shall receive financial
28 support from the State in the amounts provided for in Section
29 4 of the Metropolitan Civic Center Support Act, as now or
30 hereafter amended.
31 (Source: P.A. 86-8.)
-592- LRB9000879DJcd
1 (70 ILCS 245/1-28) (from Ch. 85, par. 6701-28)
2 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
3 is hereby expressly made the beneficiary of the provisions of
4 Section 1 of the Local Government Antitrust Exemption Act "An
5 Act to make explicit the authorization for units of local
6 government and certain other governmental bodies to act as
7 permitted by statute or the Illinois Constitution,
8 notwithstanding effects on competition", amendatory veto
9 overridden November 3, 1983, as now or hereafter amended, and
10 the General Assembly intends that the "State action
11 exemption" to the application of the federal antitrust
12 anti-trust laws be fully available to the Authority to the
13 extent its activities are either (1) expressly or by
14 necessary implication authorized by this Article or other
15 Illinois law, or (2) within traditional areas of local
16 governmental activity.
17 (Source: P.A. 86-8.)
18 (70 ILCS 245/1-29) (from Ch. 85, par. 6701-29)
19 Section 2-150. Tax exemption. Sec. 1-29. All property
20 of the Authority shall be exempt from taxation by the State
21 or any taxing unit therein.
22 (Source: P.A. 86-8.)
23 (70 ILCS 245/1-30) (from Ch. 85, par. 6701-30)
24 Section 2-30. Prompt payment. Sec. 1-30. Purchases made
25 under pursuant to this Article shall be made in compliance
26 with the Local Government Prompt Payment Act, as now or
27 hereafter amended.
28 (Source: P.A. 86-8.)
29 PART 60. COLLINSVILLE CIVIC CENTER
30 (70 ILCS 250/1) (from Ch. 85, par. 3001)
31 Section 2-3. Purpose. Sec. 1. The purpose of this Act is
-593- LRB9000879DJcd
1 to accomplish the aims of the State of Illinois to enhance
2 the ability of its citizens to avail themselves of civic and
3 cultural centers geographically situated throughout the
4 entire State of Illinois.
5 (Source: P.A. 83-1127.)
6 (70 ILCS 250/2) (from Ch. 85, par. 3002)
7 Section 60-1. Short title. Sec. 2. * * *(nonstandard
8 provisions contained in Section 60-1) * * *
9 (Source: P.A. 83-1127.)
10 (70 ILCS 250/3) (from Ch. 85, par. 3003)
11 Section 2-5. Definitions. Sec. 3. When used In this
12 Article Act:
13 * * * (nonstandard provisions contained in Section 60-5)
14 * * *
15 "Governmental agency" means the federal government, the
16 State, and any unit of local government or school district
17 governmental body, and any agency or instrumentality,
18 corporate or otherwise, thereof.
19 "Person" means any individual, firm, partnership,
20 domestic or foreign corporation, both domestic and foreign,
21 company, association or joint stock association; and includes
22 any trustee, receiver, assignee or personal representative
23 thereof.
24 * * * (nonstandard provisions contained in Section 60-5)
25 * * *
26 (Source: P.A. 83-1127.)
27 (70 ILCS 250/4) (from Ch. 85, par. 3004)
28 Section 2-10. Lawsuits; common seal. Sec. 4. * *
29 *(nonstandard provisions contained in Section 60-10) * * *
30 (a) The Authority may sue and be sued in its corporate
31 name but execution shall not in any case issue against any
-594- LRB9000879DJcd
1 property of the Authority.
2 (b) The Authority It may adopt a common seal and change
3 the same at its pleasure. * * * (nonstandard provisions
4 contained in Section 60-10) * * *
5 (Source: P.A. 83-1127.)
6 (70 ILCS 250/5) (from Ch. 85, par. 3005)
7 Section 2-16. Duties; auditorium and other buildings;
8 lease of space. Sec. 5. It shall be the duty of the
9 Authority to promote, operate and maintain expositions,
10 conventions, and theatrical, sports and cultural activities
11 from time to time in the metropolitan area and in connection
12 therewith to arrange, finance and maintain industrial,
13 cultural, educational, theatrical, sports, trade and
14 scientific exhibits and to construct, equip and maintain
15 auditorium, exposition and office buildings for such
16 purposes.
17 The provision of office space for rental and lease and
18 rental and the lease of air space over and appurtenant to
19 such structures shall be deemed an integral function of the
20 Authority.
21 The Authority is granted all rights and powers necessary
22 to perform such duties.
23 (Source: P.A. 83-1127.)
24 (70 ILCS 250/6) (from Ch. 85, par. 3006)
25 Section 2-20. Rights and powers, including eminent
26 domain. Sec. 6. The Authority shall have the following
27 rights and powers duties:
28 (a) To acquire, purchase, own, construct, lease as
29 lessee or in any other way acquire, improve, extend, repair,
30 reconstruct, regulate, operate, equip and maintain exhibition
31 centers, civic auditoriums, cultural facilities and office
32 buildings, including sites and parking areas and commercial
-595- LRB9000879DJcd
1 facilities therefor located within the metropolitan area;
2 (b) To plan for such grounds, centers and auditoriums
3 and to plan, sponsor, hold, arrange and finance fairs,
4 industrial, cultural, educational, trade and scientific
5 exhibits, shows and events and to use or allow the use of
6 such grounds, centers, and auditoriums for the holding of
7 fairs, exhibits, shows and events whether conducted by the
8 Authority or some other person or governmental agency;
9 (c) To exercise the right of eminent domain to acquire
10 sites for such grounds, centers, buildings and auditoriums,
11 and parking areas and facilities in the manner provided for
12 the exercise of the right of eminent domain under Article VII
13 of the Code of Civil Procedure, as amended;
14 (d) To fix and collect just, reasonable and
15 nondiscriminatory charges and rents for the use of such
16 parking areas and facilities, grounds, centers, buildings and
17 auditoriums and admission charges to fairs, shows, exhibits
18 and events sponsored or held by the Authority. The charges
19 collected may be made available to defray the reasonable
20 expenses of the Authority and to pay the principal of and the
21 interest on any bonds issued by the Authority;
22 (e) To enter into contracts treating in any manner with
23 the objects and purposes of this Article Act.
24 (Source: P.A. 83-1127.)
25 (70 ILCS 250/7) (from Ch. 85, par. 3007)
26 Section 2-25. Incurring obligations. Sec. 7. The
27 Authority shall not incur any obligations for salaries or
28 for, office or administrative expenses except within the
29 amounts of funds that which will be available to it when such
30 obligations become payable.
31 (Source: P.A. 83-1127.)
32 (70 ILCS 250/7.1) (from Ch. 85, par. 3007.1)
-596- LRB9000879DJcd
1 Section 2-30. Prompt payment. Sec. 7.1. Purchases made
2 under pursuant to this Article Act shall be made in
3 compliance with the "Local Government Prompt Payment Act",
4 approved by the Eighty-fourth General Assembly.
5 (Source: P.A. 84-731.)
6 (70 ILCS 250/8) (from Ch. 85, par. 3008)
7 Section 2-35. Acquisition of property from person, State,
8 or local agency. Sec. 8. The Authority shall have power (i)
9 to acquire and accept by purchase, lease, gift or otherwise
10 any property or rights useful for the Authority's purposes
11 from any person or persons, from any municipal corporation,
12 body politic, or agency of the State, or from the State
13 itself, (ii) useful for its purposes, and to apply for and
14 accept grants, matching grants, loans or appropriations from
15 the State of Illinois or any agency or instrumentality
16 thereof to be used for any of the purposes of the Authority,
17 and (iii) to enter into any agreement with the State of
18 Illinois in relation to such grants, matching grants, loans
19 or appropriations.
20 (Source: P.A. 83-1127.)
21 (70 ILCS 250/9) (from Ch. 85, par. 3009)
22 Section 2-40. Federal money. Sec. 9. The Authority shall
23 have the power (i) to apply for and accept grants, matching
24 grants, loans or appropriations from the federal government
25 or any agency or instrumentality thereof to be used for any
26 of the purposes of the Authority and (ii) to enter into any
27 agreement with the federal government in relation to such
28 grants, matching grants, loans or appropriations.
29 (Source: P.A. 83-1127.)
30 (70 ILCS 250/10) (from Ch. 85, par. 3010)
31 Section 2-45. Insurance. Sec. 10. The Authority shall
-597- LRB9000879DJcd
1 have the power to procure and enter into contracts for any
2 type of insurance and indemnity against loss or damage to
3 property from any cause, against loss of use and occupancy,
4 against employers' liability, against any act of any member,
5 officer, or employee of the Board or Authority in the
6 performance of the duties of the his office or employment,
7 and against or any other insurable risk.
8 (Source: P.A. 83-1127.)
9 (70 ILCS 250/11) (from Ch. 85, par. 3011)
10 Section 2-50. Borrowing; revenue bonds; suits to compel
11 performance. Sec. 11. The Authority shall have continuing
12 power to borrow money for the purpose of carrying out and
13 performing its duties and exercising its powers under this
14 Article Act.
15 For the purpose of evidencing the obligation of the
16 Authority to repay any money borrowed as aforesaid, the
17 Authority may, pursuant to an ordinance adopted by the Board,
18 from time to time issue and dispose of its interest bearing
19 revenue bonds, and may also from time to time issue and
20 dispose of its interest bearing revenue bonds to refund any
21 bonds at maturity or pursuant to redemption provisions or at
22 any time before maturity with the consent of the holders
23 thereof. All such bonds shall be payable solely from the
24 revenues or income to be derived from the fairs, expositions,
25 exhibitions, rentals and leases and other authorized
26 activities operated by it, and from funds, if any, received
27 and to be received by the Authority from any other source.
28 Such bonds may bear such date or dates, may mature at such
29 time or times not exceeding 40 forty years from their
30 respective dates, may bear interest at such rate or rates,
31 not exceeding the maximum rate permitted by the Bond
32 Authorization Act "An Act to authorize public corporations to
33 issue bonds, other evidences of indebtedness and tax
-598- LRB9000879DJcd
1 anticipation warrants subject to interest rate limitations
2 set forth therein", approved May 26, 1970, as amended, may be
3 in such form, may carry such registration privileges, may be
4 executed in such manner, may be payable at such place or
5 places, may be made subject to redemption in such manner, and
6 upon such terms, with or without premium as is stated on the
7 face thereof, may be executed in such manner, and may contain
8 such terms and covenants, all as may be provided in said
9 ordinance. In case any officer whose signature appears on any
10 bond ceases (after attaching his signature) to hold office,
11 his signature shall nevertheless be valid and effective for
12 all purposes. The holder or holders of any bonds, or interest
13 coupons appertaining thereto issued by the Authority may
14 bring suits at law or proceedings in equity to compel the
15 performance and observance by the Authority or any of its
16 officers, agents or employees of or any contract or covenant
17 made by the Authority with the holders of such bonds or
18 interest coupons, and to compel the Authority or and any of
19 its officers, agents or employees to perform any duties
20 required to be performed for the benefit of the holders of
21 any such bonds or interest coupons by the provisions of the
22 ordinance authorizing their issuance, and to enjoin the
23 Authority and any of its officers, agents or employees from
24 taking any action in conflict with any such contract or
25 covenant.
26 Notwithstanding the form and tenor of any such bonds and
27 in the absence of any express recital on the face thereof
28 that it is non-negotiable, all such bonds shall be negotiable
29 instruments under the Uniform Commercial Code.
30 From and after the issuance of any bonds as herein
31 provided it shall be the duty of the corporate authorities of
32 the Authority to fix and establish rates, charges, rents, and
33 fees for the use of facilities acquired, constructed,
34 reconstructed, extended or improved with the proceeds of the
-599- LRB9000879DJcd
1 sale of said bonds sufficient at all times, with other
2 revenues of the Authority, to pay:
3 (a) the cost of maintaining, repairing, regulating and
4 operating the said facilities; and
5 (b) the bonds and interest thereon as they shall become
6 due, and all sinking fund requirements and other requirements
7 provided by the ordinance authorizing the issuance of the
8 bonds or as provided by any trust agreement executed to
9 secure payment thereof.
10 To secure the payment of any or all of such bonds and for
11 the purpose of setting forth the covenants and undertakings
12 of the Authority in connection with the issuance thereof and
13 the issuance of any additional bonds payable from such
14 revenue income to be derived from the fairs, recreational,
15 theatrical, and cultural, expositions, sports sport
16 activities, exhibitions, office rentals, and air space leases
17 and rentals, and from other revenue, if any, the Authority
18 may execute and deliver a trust agreement or agreements;
19 provided that no lien upon any physical property of the
20 Authority shall be created thereby.
21 A remedy for any breach or default of the terms of any
22 such trust agreement by the Authority may be by mandamus
23 proceedings in any court of competent jurisdiction to compel
24 performance and compliance therewith, but the trust agreement
25 may prescribe by whom or on whose behalf such action may be
26 instituted.
27 Before any such bonds (excepting refunding bonds) are
28 sold, the entire authorized issue, or any part thereof, shall
29 be offered for sale as a unit after advertising for bids at
30 least 3 three times in a daily newspaper of general
31 circulation published in the metropolitan area, the last
32 publication to be at least 10 ten days before bids are
33 required to be filed. Copies of such advertisement may be
34 published in any newspaper or financial publication in the
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1 United States. All bids shall be sealed, filed and opened as
2 provided by ordinance and the bonds shall be awarded to the
3 highest and best bidder or bidders therefor. The Authority
4 shall have the right to reject all bids and to readvertise
5 for bids in the manner provided for in the initial
6 advertisement. However, if no bids are received such bonds
7 may be sold at not less than par value, without further
8 advertising, within 60 days after the bids are required to be
9 filed pursuant to any advertisement.
10 (Source: P.A. 83-1127.)
11 (70 ILCS 250/12) (from Ch. 85, par. 3012)
12 Section 2-55. Bonds; nature of indebtedness. Sec. 12.
13 Under no circumstances shall any bonds issued by the
14 Authority be or become an indebtedness or obligation of the
15 State of Illinois or of any other political subdivision of or
16 municipality within the State, nor shall any such bond or
17 obligation be or become an indebtedness of the Authority
18 within the purview of any constitutional limitation or
19 provision, and it shall be plainly stated on the face of each
20 such bond that it does not constitute such an indebtedness or
21 obligation but is payable solely from the revenues or income
22 as provided in this Article aforesaid.
23 (Source: P.A. 83-1127.)
24 (70 ILCS 250/13) (from Ch. 85, par. 3013)
25 Section 2-60. Investment in bonds. Sec. 13. The State
26 and all counties, cities, villages, incorporated towns and
27 other municipal corporations, political subdivisions and
28 public bodies, and public officers of any thereof;, all
29 banks, bankers, trust companies, savings banks and
30 institutions, building and loan associations, savings and
31 loan associations, investment companies and other persons
32 carrying on an insurance business; and all executors,
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1 administrators, guardians, trustees and other fiduciaries may
2 legally invest any sinking funds, moneys or other funds
3 belonging to them or within their control in any bonds issued
4 pursuant to this Article Act, it being the purpose of this
5 Section to authorize the investment in such bonds of all
6 sinking, insurance, retirement, compensation, pension and
7 trust funds, whether owned or controlled by private or public
8 persons or officers; provided, however, that nothing
9 contained in this Section may be construed as relieving any
10 person from any duty of exercising reasonable care in
11 selecting securities for investment.
12 (Source: P.A. 83-1127.)
13 (70 ILCS 250/13.1) (from Ch. 85, par. 3013.1)
14 Section 60-15. Food and beverage tax. Sec. 13.1. * * *
15 (nonstandard provisions contained in Section 60-15) * * *
16 (Source: P.A. 85-1006.)
17 (70 ILCS 250/14) (from Ch. 85, par. 3014)
18 Section 2-75. Board members; financial matters; conflict
19 of interest. Sec. 14.* * * (nonstandard provisions contained
20 in Section 60-20) * * * The members of the Board shall serve
21 without compensation, but shall be reimbursed for actual
22 expenses incurred by them in the performance of their duties.
23 No member of the Board or employee of the Authority shall
24 have any private financial interest, profit or benefit in any
25 contract, work or business of the Authority or nor in the
26 sale or lease of any property to or from the Authority.
27 (Source: P.A. 86-1017.)
28 (70 ILCS 250/15) (from Ch. 85, par. 3015)
29 Section 2-80. Board members' oath. Sec. 15. * * *
30 (nonstandard provisions contained in Section 60-25) * * *
31 Within 30 days after certification of his appointment, and
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1 before entering upon the duties of his office, each member of
2 the Board shall take and subscribe the constitutional oath of
3 office and file it in the office of the Secretary of State.
4 (Source: P.A. 86-1017.)
5 (70 ILCS 250/16) (from Ch. 85, par. 3016)
6 Section 2-85. Board members; vacancy in office. Sec. 16.
7 Members of the Board shall hold office until their respective
8 successors have been appointed and qualified. Any member may
9 resign from his office; the resignation takes to take effect
10 when the member's his successor has been appointed and has
11 qualified.
12 Section 2-83. Removal of Board member from office. The
13 appointing officer may remove any member of the Board
14 appointed by the officer him, in case of incompetency,
15 neglect of duty, or malfeasance in office, after service on
16 the member him, by registered United States mail, return
17 requested, of a copy of the written charges against the
18 member him and an opportunity to be publicly heard in person
19 or by counsel in the member's his own defense upon not less
20 than 10 days' notice.
21 (Section 2-85, resumed)
22 In case of failure to qualify within the time required,
23 or of abandonment of his office, or in case of death,
24 conviction of a felony or removal from office, a member's his
25 office shall become vacant. Each vacancy shall be filled for
26 the unexpired term by appointment in like manner, as in the
27 case of expiration of the term of a member of the Board.
28 (Source: P.A. 83-1127.)
29 (70 ILCS 250/17) (from Ch. 85, par. 3017)
30 Section 2-90. Organization of the Board. Sec. 17. As
31 soon as practicably possible after the appointment of the
32 initial members, the Board shall organize for the transaction
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1 of business, select a chairman and a temporary secretary from
2 its own number, and adopt by-laws and regulations to govern
3 its proceedings. The initial chairman and his successors
4 shall be elected by the Board from time to time for the term
5 of the chairman's his office as a member of the Board or for
6 the term of 3 years, whichever is shorter.
7 (Source: P.A. 83-1127.)
8 (70 ILCS 250/18) (from Ch. 85, par. 3018)
9 Section 2-95. Meetings; action by 5 Board members. Sec.
10 18. Regular meetings of the Board shall be held at least
11 once in each calendar month, the time and place of such
12 meetings to be fixed by the Board.
13 Five members of the Board shall constitute a quorum for
14 the transaction of business. All actions of the Board shall
15 be by ordinance or resolution and the affirmative vote of at
16 least 5 members shall be necessary for the adoption of any
17 ordinance or resolution.
18 All ordinances, resolutions and all proceedings of the
19 Authority and all documents and records in its possession
20 shall be public records, and open to public inspection,
21 except such documents and records as shall be kept or
22 prepared by the Board for use in negotiations, actions action
23 or proceedings to which the Authority is a party.
24 (Source: P.A. 86-1017.)
25 (70 ILCS 250/19) (from Ch. 85, par. 3019)
26 Section 2-100. Secretary; treasurer. Sec. 19. The Board
27 shall appoint a secretary and a treasurer, who need not be
28 members of the Board, to hold office during the pleasure of
29 the Board, and shall fix their duties and compensation.
30 Before entering upon the duties of their respective offices
31 they shall take and subscribe the constitutional oath of
32 office, and the treasurer shall execute a bond with corporate
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1 sureties to be approved by the Board. The bond shall be
2 payable to the Authority in whatever penal sum may be
3 directed upon the faithful performance of the duties of the
4 office and the payment of all money received by the treasurer
5 him according to law and the orders of the Board. The Board
6 may, at any time, require a new bond from the treasurer in a
7 such penal sum as may then be determined by the Board. The
8 obligation of the sureties shall not extend to any loss
9 sustained by the insolvency, failure or closing of any
10 national or state bank wherein the treasurer has deposited
11 funds if the bank has been approved by the Board as a
12 depositary for those these funds. The oaths of office and
13 the treasurer's bond shall be filed in the principal office
14 of the Authority.
15 (Source: P.A. 83-1127.)
16 (70 ILCS 250/20) (from Ch. 85, par. 3020)
17 Section 2-105. Funds. Sec. 20. All funds deposited by
18 the treasurer in any bank shall be placed in the name of the
19 Authority and shall be withdrawn or paid out only by check or
20 draft upon the bank, signed by the treasurer and
21 countersigned by the chairman of the Board. The Board may
22 designate any of its members or any officer or employee of
23 the Authority to affix the signature of the chairman and
24 another to affix the signature of the treasurer to any check
25 or draft for payment of salaries or wages and for payment of
26 any other obligation of not more than $2,500.
27 (Source: P.A. 83-1127.)
28 (70 ILCS 250/21) (from Ch. 85, par. 3021)
29 Section 2-110. Signatures on checks or drafts. Sec. 21.
30 In case any officer whose signature appears upon any check or
31 draft, issued pursuant to this Article Act, ceases to hold
32 office (after attaching his or her signature) to hold his
-605- LRB9000879DJcd
1 office and before the delivery of the check or draft thereof
2 to the payee, that his signature nevertheless shall be valid
3 and sufficient for all purposes with the same effect as if
4 the officer he had remained in office until delivery.
5 (Source: P.A. 83-1127.)
6 (70 ILCS 250/22) (from Ch. 85, par. 3022)
7 Section 2-115. General manager; other appointments. Sec.
8 22. The Board may appoint a general manager who shall be a
9 person of recognized ability and business experience, to
10 hold office during the pleasure of the Board. The general
11 manager shall have management of the properties and business
12 of the Authority and of the employees thereof subject to the
13 general control of the Board, shall direct the enforcement of
14 all ordinances, resolutions, rules and regulations of the
15 Board, and shall perform such other duties as may be
16 prescribed from time to time by the Board.
17 The Board may appoint a general attorney and a chief
18 engineer and shall provide for the appointment of such other
19 officers, attorneys, engineers, planners, consultants, agents
20 and employees as may be necessary. The Board It shall define
21 their duties and require bonds of such of them as the Board
22 may designate.
23 The general manager, general attorney, chief engineer,
24 and all other officers provided for pursuant to this Section
25 shall be exempt from taking and subscribing any oath of
26 office and shall not be members of the Board.
27 The compensation of the general manager, general
28 attorney, chief engineer, and all other officers, attorneys,
29 planners, consultants, agents and employees shall be fixed by
30 the Board.
31 (Source: P.A. 83-1127.)
32 (70 ILCS 250/23) (from Ch. 85, par. 3023)
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1 Section 2-122. Rules and regulations; penalties. Sec. 23.
2 The Board shall have power to make all rules and regulations
3 proper or necessary to carry into effect the powers granted
4 to the Authority, with such penalties as may be deemed
5 proper.
6 (Source: P.A. 83-1127.)
7 (70 ILCS 250/24) (from Ch. 85, par. 3024)
8 Section 2-125. Contracts; award to other than highest or
9 lowest bidder by vote of 5 Board members. Sec. 24. All
10 contracts for the sale of property of the value of more than
11 $2,500 or for a concession in or lease of property, including
12 air rights, of the Authority for a term of more than one year
13 shall be awarded to the highest responsible bidder, after
14 advertising for bids. All construction contracts and
15 contracts for supplies, materials, equipment and services,
16 when the expense thereof will exceed $2,500, shall be let to
17 the lowest responsible bidder, after advertising for bids,
18 excepting (1) when repair parts, accessories, equipment or
19 services are required for equipment or services previously
20 furnished or contracted for; (2) when the nature of the
21 services required is such that competitive bidding is not in
22 the best interest of the public, including, without limiting
23 the generality of the foregoing, the services of accountants,
24 architects, attorneys, engineers, physicians, superintendents
25 of construction, and others possessing a high degree of
26 skill; and (3) when services such as water, light, heat,
27 power, telephone or telegraph are required.
28 All contracts involving less than $2,500 shall be let by
29 competitive bidding to the lowest responsible bidder whenever
30 possible, and in any event in a manner calculated to ensure
31 insure the best interests of the public. Competitive bidding
32 is not required for the lease of real estate or buildings
33 owned or controlled by the Authority. The Board is empowered
-607- LRB9000879DJcd
1 to offer such leases upon such terms as it deems advisable.
2 In determining the responsibility of any bidder, the
3 Board may take into account the past record of dealings with
4 the bidder, the bidder's experience, adequacy of equipment,
5 and ability to complete performance within the time set, and
6 other factors besides financial responsibility, but in no
7 case shall any such contracts be awarded to any other than
8 the highest bidder (in case of sale, concession or lease) or
9 the lowest bidder (in case of purchase or expenditure) unless
10 authorized or approved by a vote of at least 5 members of the
11 Board, and unless such action is accompanied by a statement
12 in writing setting forth the reasons for not awarding the
13 contract to the highest or lowest bidder, as the case may be,
14 which statement shall be kept on file in the principal office
15 of the Authority and open to public inspection.
16 Members of the Board, officers and employees of the
17 Authority, and their relatives within the fourth degree of
18 consanguinity by the terms of the civil law, are forbidden to
19 be interested directly or indirectly in any contract for
20 construction or maintenance work or for the delivery of
21 materials, supplies or equipment.
22 The Board shall have the right to reject all bids and to
23 readvertise for bids. If after any such advertisement no
24 responsible and satisfactory bid, within the terms of the
25 advertisement, shall be received, the Board may award such
26 contract, without competitive bidding, provided that it shall
27 not be less advantageous to the Authority than any valid bid
28 received pursuant to advertisement.
29 The Board shall adopt rules and regulations to carry into
30 effect the provisions of this Section.
31 (Source: P.A. 83-1127.)
32 (70 ILCS 250/25) (from Ch. 85, par. 3025)
33 Section 2-130. Bids and advertisements. Sec. 25.
-608- LRB9000879DJcd
1 Advertisements Advertisement for bids shall be published at
2 least twice in a daily newspaper of general circulation
3 published in the metropolitan area, the last publication to
4 be at least 10 calendar days before the time for receiving
5 bids, and such advertisements shall also be posted on readily
6 accessible bulletin boards in the principal office of the
7 Authority. Such advertisements shall state the time and
8 place for receiving and opening of bids and, and by reference
9 to plans and specifications on file at the time of the first
10 publication, or in the advertisement itself, shall describe
11 the character of the proposed contract in sufficient detail
12 to fully advise prospective bidders of their obligations and
13 to ensure insure free and open competitive bidding.
14 All bids in response to advertisements shall be sealed
15 and shall be publicly opened by the Board, and all bidders
16 shall be entitled to be present in person or by
17 representatives. Cash or a certified or satisfactory
18 cashier's check, as a deposit of good faith, in a reasonable
19 amount to be fixed by the Board before advertising for bids,
20 shall be required with the proposal of each bidder. Bond for
21 faithful performance of the contract with surety or sureties
22 satisfactory to the Board and adequate insurance may be
23 required in reasonable amounts to be fixed by the Board
24 before advertising for bids.
25 The contract shall be awarded as promptly as possible
26 after the opening of bids. The bid of the successful bidder,
27 as well as the bids of the unsuccessful bidders, shall be
28 placed on file and be open to public inspection. All bids
29 shall be void if any disclosure of the terms of any bid in
30 response to an advertisement is made or permitted to be made
31 by the Board before the time fixed for opening bids.
32 Section 2-132. Bidders; civil action to compel
33 compliance. Any bidder who has submitted a bid in compliance
34 with the requirements for bidding may bring a civil action in
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1 the circuit court in the county in which the metropolitan
2 area principal office of the Authority is located to compel
3 compliance with the provisions of this Article Act relating
4 to the awarding of contracts by the Board.
5 (Source: P.A. 83-1127.)
6 (70 ILCS 250/26) (from Ch. 85, par. 3026)
7 Section 2-135. Report and financial statement. Sec. 26.
8 As soon after the end of each fiscal year as may be
9 expedient, the Board shall cause to be prepared and printed a
10 complete and detailed report and financial statement of its
11 operations and of its assets and liabilities. A reasonably
12 sufficient number of copies of such report shall be printed
13 for distribution to persons interested, upon request and a
14 copy thereof shall be filed with the county clerk of the
15 County in which the principal office of the Authority is
16 located and the appointing officers.
17 (Source: P.A. 83-1127.)
18 (70 ILCS 250/27) (from Ch. 85, par. 3027)
19 Section 2-140. State financial support. Sec. 27. The
20 Authority created by this Article Act shall receive financial
21 support from the State in the amounts provided for in Section
22 4 of the Metropolitan Civic Center Support Act.
23 (Source: P.A. 83-1127.)
24 (70 ILCS 250/28) (from Ch. 85, par. 3028)
25 Section 2-145. Antitrust laws. Sec. 28. The Authority is
26 hereby expressly made the beneficiary of the provisions of
27 Section 1 of the Local Government Antitrust Exemption Act "An
28 Act to make explicit the authorization for units of local
29 government and certain other governmental bodies to act as
30 permitted by statute or the Illinois Constitution,
31 notwithstanding effects on competition", amendatory veto
-610- LRB9000879DJcd
1 overridden November 3, 1983, and the General Assembly intends
2 that the "State action exemption" to the application of the
3 federal antitrust laws be fully available to the Authority to
4 the extent its activities are either (1) expressly or by
5 necessary implication authorized by this Article Act or other
6 Illinois law or (2) within traditional areas of local
7 governmental activity.
8 (Source: P.A. 86-1017.)
9 (70 ILCS 250/29) (from Ch. 85, par. 3029)
10 Section 2-150. Tax exemption. Sec. 29. All property of
11 the Authority shall be exempt from taxation by the State or
12 any taxing unit therein.
13 (Source: P.A. 86-1017.)
14 PART 65. COLUMBIA CIVIC CENTER
15 (70 ILCS 255/2001) (from Ch. 85, par. 7351)
16 Section 65-1. Sec. 2001. Short title. * * *
17 (nonstandard provisions contained in Section 65-1) * * *
18 (Source: P.A. 86-1414.)
19 (70 ILCS 255/2002) (from Ch. 85, par. 7352)
20 Section 2-3. Sec. 2002. Purpose. The purpose of this
21 Article is to accomplish the aims of the State of Illinois to
22 enhance the ability of its citizens to avail themselves of
23 civic and cultural centers geographically situated throughout
24 the entire State of Illinois.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 255/2003) (from Ch. 85, par. 7353)
27 Section 2-5. Sec. 2003. Definitions. In this Article:
28 * * * (nonstandard provisions contained in Section 65-5)
29 * * *
30 "Governmental agency" means the federal government, the
-611- LRB9000879DJcd
1 State, and any unit of local government or school district,
2 and governmental body, together with any agency or
3 instrumentality thereof of their agencies or
4 instrumentalities, corporate or otherwise.
5 "Person" means any individual, firm, partnership,
6 domestic or foreign corporation, company, association, or
7 joint stock association; and includes any trustee, receiver,
8 assignee of their trustees, receivers, assignees, or personal
9 representative thereof representatives.
10 * * * (nonstandard provisions contained in Section 65-5)
11 * * *
12 (Source: P.A. 86-1414.)
13 (70 ILCS 255/2004) (from Ch. 85, par. 7354)
14 Section 2-10. Lawsuits; common seal. Sec. 2004.
15 Creation of Authority. * * * (nonstandard provisions
16 contained in Section 65-10) * * *
17 (a) (b) The Authority may sue and be sued in its
18 corporate name, but execution shall not in any case issue
19 against any property of the Authority.
20 (b) The Authority It may adopt a common seal and change
21 the same seal at its pleasure. * * * (nonstandard provisions
22 contained in Section 65-10) * * *
23 (Source: P.A. 86-1414.)
24 (70 ILCS 255/2005) (from Ch. 85, par. 7355)
25 Section 2-15. Sec. 2005. Duties; auditorium,
26 recreational, and other buildings; lease of space. It shall
27 be the duty of the Authority to shall promote, operate, and
28 maintain expositions, conventions, and theatrical, sports,
29 and cultural activities from time to time in the metropolitan
30 area and. in connection therewith to with its duties, the
31 Authority shall arrange, finance, and maintain industrial,
32 cultural, educational, theatrical, sports, trade, and
-612- LRB9000879DJcd
1 scientific exhibits and to shall construct, equip, and
2 maintain auditorium, exposition, recreational, and office
3 buildings for such those purposes.
4 The provision of Providing office space for lease and
5 rental and the lease of leasing air space over and
6 appurtenant to such those structures shall be deemed an are
7 integral function functions of the Authority.
8 The Authority is granted all rights and powers necessary
9 to perform such its duties.
10 (Source: P.A. 86-1414.)
11 (70 ILCS 255/2006) (from Ch. 85, par. 7356)
12 Section 65-12. Sec. 2006. Powers. * * * (nonstandard
13 provisions contained in Section 65-12) * * *
14 (Source: P.A. 86-1414.)
15 (70 ILCS 255/2007) (from Ch. 85, par. 7357)
16 Section 2-25. Sec. 2007. Incurring obligations. The
17 Authority shall not incur any obligations for salaries or for
18 office or administrative expenses except within the amounts
19 of funds that will be available to it when such those
20 obligations become payable.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 255/2008) (from Ch. 85, par. 7358)
23 Section 2-35. Sec. 2008. Acquisition of property from
24 person,; State, or local agency money. The Authority shall
25 have has the power (i) to acquire and accept by purchase,
26 lease, gift, or otherwise any property or rights useful for
27 the Authority's purposes from any person or persons, from any
28 municipal corporation, body politic, or agency of the State,
29 or from the State itself, useful for its purposes, (ii) to
30 apply for and accept grants, matching grants, loans, or
31 appropriations from the State of Illinois or any agency or
-613- LRB9000879DJcd
1 instrumentality thereof of the State to be used for any of
2 the purposes of the Authority, and (iii) to enter into any
3 agreement with the State of Illinois in relation to such
4 those grants, matching grants, loans, or appropriations.
5 (Source: P.A. 86-1414.)
6 (70 ILCS 255/2009) (from Ch. 85, par. 7359)
7 Section 2-40. Sec. 2009. Federal money. The Authority
8 shall have has the power (i) to apply for and accept grants,
9 matching grants, loans, or appropriations from the federal
10 government or any agency or instrumentality thereof of the
11 federal government to be used for any of the purposes of the
12 Authority and (ii) to enter into any agreement with the
13 federal government in relation to such those grants, matching
14 grants, loans, or appropriations.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 255/2010) (from Ch. 85, par. 7360)
17 Section 2-45. Sec. 2010. Insurance. The Authority shall
18 have has the power to procure and enter into contracts for
19 any type of insurance and indemnity against loss or damage to
20 property from any cause, against loss of use and occupancy,
21 against employers' liability, against any act of any member,
22 officer, or employee of the Board or Authority in the
23 performance of the duties of the his or her office or
24 employment, and against any other insurable risk.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 255/2011) (from Ch. 85, par. 7361)
27 Section 2-50. Sec. 2011. Borrowing; revenue bonds; suits
28 to compel performance. (a) The Authority shall have has
29 continuing power to borrow money for the purpose of carrying
30 out and performing its duties and exercising its powers under
31 this Article.
-614- LRB9000879DJcd
1 (b) For the purpose of evidencing the obligation of the
2 Authority to repay any money so borrowed as aforesaid, the
3 Authority may, pursuant to an ordinance adopted by the Board,
4 from time to time issue and dispose of its interest bearing
5 revenue bonds, and may also from time to time issue and
6 dispose of its interest bearing revenue bonds to refund any
7 bonds at maturity or pursuant to redemption provisions or at
8 any time before maturity with the consent of the holders
9 thereof of the bonds. All such The bonds shall be payable
10 solely from the revenues or income to be derived from the
11 fairs, expositions, exhibitions, rentals and, leases, and
12 other authorized activities operated by it, and from funds,
13 if any, received and to be received by the Authority from any
14 other source. Such The bonds (i) may bear such a date or
15 dates, (ii) may mature at such a time or times not exceeding
16 40 years from their respective dates, (iii) may bear interest
17 at such a rate or rates not exceeding the maximum rate
18 permitted by the Bond Authorization Act, (iv) may be in such
19 a form, (v) may carry such registration privileges, (vi) may
20 be executed in such a manner, (vii) may be payable at such a
21 place or places, (viii) may be made subject to redemption in
22 such a manner and upon such terms, with or without premium as
23 is stated on the face thereof of the bonds, (ix) may be
24 executed in such a manner, and (x) may contain such terms and
25 covenants, all as may be provided in said the ordinance
26 authorizing the issuance of the bonds. In case any officer
27 whose signature appears on any bond ceases (after attaching
28 his signature) to hold office after attaching his or her
29 signature, his that signature shall nevertheless be valid and
30 effective for all purposes. The holder or holders of any
31 bonds or bond interest coupons appertaining thereto issued by
32 the Authority may bring suits at law or proceedings in equity
33 (i) to compel the performance and observance by the Authority
34 or any of its officers, agents, or employees of any contract
-615- LRB9000879DJcd
1 or covenant made by the Authority with the holders of such
2 those bonds or interest coupons, (ii) to compel the Authority
3 or any of its officers, agents, or employees to perform any
4 duties required to be performed for the benefit of the
5 holders of any such of those bonds or interest coupons by the
6 provisions of the ordinance authorizing their issuance, and
7 (iii) to enjoin the Authority and any of its officers,
8 agents, or employees from taking any action in conflict with
9 any such the contract or covenant.
10 (c) Notwithstanding the form and tenor of any such bonds
11 bond and in the absence of any express recital on the face
12 thereof of the bond that it is non-negotiable nonnegotiable,
13 all such bonds shall be negotiable instruments under the
14 Uniform Commercial Code.
15 (d) From and after the issuance of any bonds as herein
16 provided in this Section it shall be the duty of the
17 corporate authorities of the Authority Board to fix and
18 establish rates, charges, rents, and fees for the use of
19 facilities acquired, constructed, reconstructed, extended, or
20 improved with the proceeds of the sale of said those bonds
21 that are sufficient at all times, with other revenues of the
22 Authority, to pay:
23 (a) (i) the cost of maintaining, repairing, regulating,
24 and operating the said those facilities; and
25 (b) (ii) the bonds principal of and interest thereon on
26 the bonds as they shall become due, and all sinking fund
27 requirements and other requirements provided by the ordinance
28 authorizing the issuance of the bonds or as provided by any
29 trust agreement executed to secure payment thereof of the
30 bonds.
31 (e) To secure the payment of any or all of such bonds and
32 for the purpose of setting forth the covenants and
33 undertakings of the Authority in connection with the issuance
34 thereof of the bonds and the issuance of any additional bonds
-616- LRB9000879DJcd
1 payable from such the revenue income to be derived from the
2 fairs, recreational, theatrical, and cultural expositions,
3 sports activities, exhibitions, office rentals, and air space
4 leases and rentals, and from other revenue, if any, the
5 Authority may execute and deliver a trust agreement or
6 agreements; provided that, but no lien upon any physical
7 property of the Authority shall be created thereby by a trust
8 agreement.
9 (f) A remedy for any breach or default by the Authority
10 of the terms of any such a trust agreement by the Authority
11 may be by mandamus proceedings in any court of competent
12 jurisdiction to compel performance and compliance therewith,
13 but the trust agreement may prescribe by whom or on whose
14 behalf such the action may be instituted.
15 (g) Before any such bonds (excepting refunding bonds) are
16 sold, the entire authorized issue, or any part thereof of
17 that issue, shall be offered for sale as a unit after
18 advertising for bids at least 3 times in a daily newspaper of
19 general circulation published in the metropolitan area, the
20 last publication to be at least 10 days before bids are
21 required to be filed. Copies of such the advertisement may be
22 published in any newspaper or financial publication in the
23 United States. All bids shall be sealed, filed, and opened
24 as provided by ordinance, and the bonds shall be awarded to
25 the highest and best bidder or bidders therefor. The
26 Authority shall have the right to reject all bids and to
27 readvertise for bids in the manner provided for in the
28 initial advertisement. However, if no bids are received
29 such, however, the bonds may be sold at not less than par
30 value, without further advertising, within 60 days after the
31 bids are required to be filed pursuant to under any
32 advertisement.
33 (Source: P.A. 86-1414.)
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1 (70 ILCS 255/2012) (from Ch. 85, par. 7362)
2 Section 2-55. Bonds; nature of Sec. 2012. Limitation on
3 indebtedness. Under no circumstances shall any bonds issued
4 by the Authority be or become an indebtedness or obligation
5 of the State of Illinois or of any political subdivision of
6 or municipality within the State, nor shall any such bond or
7 obligation be or become an indebtedness of the Authority
8 within the purview of any constitutional limitation or
9 provision, and. it shall be plainly stated on the face of
10 each such bond that it does not constitute such an
11 indebtedness or obligation but is payable solely from the
12 revenues or income as provided in this Article.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 255/2013) (from Ch. 85, par. 7363)
15 Section 2-60. Sec. 2013. Investment in bonds. The State
16 and, all counties, cities, villages, incorporated towns and,
17 other municipal corporations, political subdivisions, and
18 public bodies, and any of their public officers of any
19 thereof;, all banks, bankers, trust companies, savings banks
20 and institutions, building and loan associations, savings and
21 loan associations, investment companies, and other persons
22 carrying on an insurance business;, and all executors,
23 administrators, guardians, trustees, and other fiduciaries
24 may legally invest any sinking funds, moneys, or other funds
25 belonging to them or within their control in any bonds issued
26 pursuant to under this Article, it being the purpose of this
27 Section to authorize the investment in such those bonds of
28 all sinking, insurance, retirement, compensation, pension,
29 and trust funds, whether owned or controlled by private or
30 public persons or officers; provided, however, that. nothing
31 contained in this Section may be construed as relieving,
32 however, relieves any person from any duty of exercising
33 reasonable care in selecting securities for investment.
-618- LRB9000879DJcd
1 (Source: P.A. 86-1414.)
2 (70 ILCS 255/2014) (from Ch. 85, par. 7364)
3 Section 2-75. Board members; financial matters; conflict
4 of interest. Sec. 2014. Creation of the Board. * * *
5 (nonstandard provisions contained in Section 65-15) * * * The
6 members shall serve without compensation, but shall be
7 reimbursed for actual expenses incurred by them in the
8 performance of their duties.
9 No member of the Board or employee of the Authority shall
10 have any private financial interest, profit, or benefit in
11 any contract, work, or business of the Authority or nor in
12 the sale or lease of any property to or from the Authority.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 255/2015) (from Ch. 85, par. 7365)
15 Section 2-80. Board members' oath. Sec. 2015. Members
16 of the Board. * * * (nonstandard provisions contained in
17 Section 65-20) * * * Within 30 days after certification of
18 appointment, and before entering upon the duties of office,
19 each member of the Board shall take and subscribe the
20 constitutional oath of office and file it in the office of
21 the Secretary of State.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 255/2016) (from Ch. 85, par. 7366)
24 Section 2-85. Board members; Sec. 2016. vacancy in
25 office. Members of the Board shall hold office until their
26 respective successors have been appointed and qualified. Any
27 member may resign from office; the resignation takes to take
28 effect when the member's his or her successor has been
29 appointed and has qualified. * * * (nonstandard provisions
30 contained in Section 65-25) * * *
31 In case of failure to qualify within the time required,
-619- LRB9000879DJcd
1 abandonment of office, death, conviction of a felony, or
2 removal from office, a member's office shall become vacant.
3 Each vacancy shall be filled for the unexpired term by
4 appointment in like manner as in the case of expiration of
5 the term of a member of the Board.
6 (Source: P.A. 86-1414.)
7 (70 ILCS 255/2017) (from Ch. 85, par. 7367)
8 Section 2-90. Sec. 2017. Organization of the Board. As
9 soon as practicably possible after the appointment of the
10 initial members, the Board shall organize for the transaction
11 of business, select a chairman and a temporary secretary from
12 its own number, and adopt by-laws bylaws and regulations to
13 govern its proceedings. The initial chairman and his or her
14 successors shall be elected by the Board from time to time
15 for the term of the chairman's his or her office as a member
16 of the Board or for the term of 3 years, whichever is
17 shorter.
18 (Source: P.A. 86-1414.)
19 (70 ILCS 255/2018) (from Ch. 85, par. 7368)
20 Section 2-96. Sec. 2018. Meetings; action by 4 Board
21 members ordinances. Regular meetings of the Board shall be
22 held at least once in each calendar month, the time and place
23 of such the meetings to be fixed by the Board.
24 Four members of the Board shall constitute a quorum for
25 the transaction of business. All actions of the Board shall
26 be by ordinance or resolution, and the affirmative vote of at
27 least 4 members shall be necessary for the adoption of any
28 ordinance or resolution.
29 All ordinances, resolutions, and proceedings of the
30 Authority and all documents and records in its possession
31 shall be public records, and open to public inspection,
32 except such those documents and records as shall be kept or
-620- LRB9000879DJcd
1 prepared by the Board for use in negotiations, actions, or
2 proceedings to which the Authority is a party.
3 (Source: P.A. 86-1414.)
4 (70 ILCS 255/2019) (from Ch. 85, par. 7369)
5 Section 2-100. Sec. 2019. Secretary; treasurer. The
6 Board shall appoint a secretary and a treasurer, who need not
7 be members of the Board, to hold office during the pleasure
8 of the Board, and shall fix their duties and compensation.
9 Before entering upon the duties of their respective offices,
10 they shall take and subscribe the constitutional oath of
11 office, and the treasurer shall execute a bond with corporate
12 sureties to be approved by the Board. The bond shall be
13 payable to the Authority in whatever penal sum may be
14 directed and shall be conditioned upon the faithful
15 performance of the duties of the office and the payment of
16 all money received by the treasurer according to law and the
17 orders of the Board. The Board may, at any time, require a
18 new bond from the treasurer in a penal sum as may then be
19 determined by the Board. The obligation of the sureties
20 shall not extend to any loss sustained by the insolvency,
21 failure, or closing of any national or state bank wherein the
22 treasurer has deposited funds if the bank has been approved
23 by the Board as a depositary depository for those funds. The
24 oaths of office and the treasurer's bond bonds shall be filed
25 in the principal office of the Authority.
26 (Source: P.A. 86-1414.)
27 (70 ILCS 255/2020) (from Ch. 85, par. 7370)
28 Section 2-105. Sec. 2020. Funds. All funds deposited by
29 the treasurer in any bank shall be placed in the name of the
30 Authority and shall be withdrawn or paid out only by check or
31 draft upon the bank, signed by the treasurer and
32 countersigned by the chairman of the Board. The Board may
-621- LRB9000879DJcd
1 designate any of its members or any officer or employee of
2 the Authority to affix the signature of the chairman and
3 another to affix the signature of the treasurer to any check
4 or draft for payment of salaries or wages and for payment of
5 any other obligation of not more than $2,500.
6 (Source: P.A. 86-1414.)
7 (70 ILCS 255/2021) (from Ch. 85, par. 7371)
8 Section 2-110. Sec. 2021. Signatures on checks or
9 drafts. In case any officer whose signature appears upon any
10 check or draft issued pursuant to under this Article ceases
11 to hold office after attaching his or her signature and
12 before the delivery of the check or draft to the payee, that
13 signature nevertheless shall be valid and sufficient for all
14 purposes with the same effect as if the officer person had
15 remained in office until delivery.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 255/2022) (from Ch. 85, par. 7372)
18 Section 2-115. Sec. 2022. General manager; other
19 appointments. The Board may appoint a general manager who
20 shall be a person of recognized ability and business
21 experience, to hold office during the pleasure of the Board.
22 The general manager shall have management of the properties
23 and business of the Authority and of the its employees
24 thereof, subject to the general control of the Board, shall
25 direct the enforcement of all ordinances, resolutions, rules,
26 and regulations of the Board, and shall perform such other
27 duties as may be prescribed from time to time by the Board.
28 The Board may appoint a general attorney and a chief
29 engineer and shall provide for the appointment of such other
30 officers, attorneys, engineers, planners, consultants,
31 agents, and employees as may be necessary. The Board It shall
32 define their duties and require bonds of such of them as
-622- LRB9000879DJcd
1 those that the Board may designate.
2 The general manager, general attorney, chief engineer,
3 and all other officers provided for pursuant to under this
4 Section shall be exempt from taking and subscribing any oath
5 of office and shall not be members of the Board.
6 The compensation of the general manager, general
7 attorney, chief engineer, and all other officers, attorneys,
8 planners, consultants, agents, and employees shall be fixed
9 by the Board.
10 (Source: P.A. 86-1414.)
11 (70 ILCS 255/2023) (from Ch. 85, par. 7373)
12 Section 2-122. Sec. 2023. Rules and regulations;
13 penalties. The Board shall have power to may make all rules
14 and regulations that are proper or necessary to carry into
15 effect the powers granted to the Authority, with such
16 penalties for violation as may be deemed proper.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 255/2024) (from Ch. 85, par. 7374)
19 Section 2-126. Sec. 2024. Contracts; award to other than
20 highest or lowest bidder by vote of 4 Board members. (a) All
21 contracts for the sale of property of the a value of more
22 than $2,500 or for a concession in or lease of property,
23 including air rights, of the Authority for a term of more
24 than one year shall be awarded to the highest responsible
25 bidder, after advertising for bids. All construction
26 contracts and contracts for supplies, materials, equipment,
27 and services, when the expense thereof will exceed $2,500,
28 shall be let to the lowest responsible bidder, after
29 advertising for bids, excepting (1) except (i) when repair
30 parts, accessories, equipment, or services are required for
31 equipment or services previously furnished or contracted for;
32 (2), (ii) when the nature of the services required is such
-623- LRB9000879DJcd
1 that competitive bidding is not in the best interest of the
2 public, including, without limiting the generality of the
3 foregoing, limitation the services of accountants,
4 architects, attorneys, engineers, physicians, superintendents
5 of construction, and others possessing a high degree of
6 skill;, and (3) (iii) when services such as water, light,
7 heat, power, telephone, or telegraph are required.
8 (b) All contracts involving less than $2,500 shall be let
9 by competitive bidding to the lowest responsible bidder
10 whenever possible and, in any event, in a manner calculated
11 to ensure insure the best interests of the public.
12 Competitive bidding is not required for the lease of real
13 estate or buildings owned or controlled by the Authority.
14 The Board is empowered to offer such those leases upon such
15 terms as it deems advisable.
16 (c) In determining the responsibility of any bidder, the
17 Board may take into account the past record records of
18 dealings with the bidder, the bidder's experience, adequacy
19 of equipment, and ability to complete performance within the
20 time set, and other factors besides financial responsibility,
21 but in no case shall any such contracts be awarded to any
22 other than the highest bidder (in case of sale, concession,
23 or lease) or the lowest bidder (in case of purchase or
24 expenditure) unless authorized or approved by a vote of at
25 least 4 members of the Board, and unless such the action is
26 accompanied by a statement in writing setting forth the
27 reasons for not awarding the contract to the highest or
28 lowest bidder, as the case may be, which statement shall be
29 kept on file in the principal office of the Authority and
30 open to public inspection.
31 (d) Members of the Board, officers and employees of the
32 Authority, and their relatives within the fourth degree of
33 consanguinity by the terms of the civil law, are forbidden to
34 be interested directly or indirectly in any contract for
-624- LRB9000879DJcd
1 construction or maintenance work or for the delivery of
2 materials, supplies, or equipment.
3 (e) The Board shall have the right to reject all bids and
4 to readvertise for bids. If after any such advertisement no
5 responsible and satisfactory bid, within the terms of the
6 advertisement, shall be is received, the Board may award such
7 the contract, without competitive bidding, provided that it
8 shall if the contract is not be less advantageous to the
9 Authority than any valid bid received pursuant in response to
10 advertisement.
11 (f) The Board shall adopt rules and regulations to carry
12 into effect the provisions of this Section.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 255/2025) (from Ch. 85, par. 7375)
15 Section 2-130. Sec. 2025. Bids and advertisements. (a)
16 Advertisements for bids shall be published at least twice in
17 a daily newspaper of general circulation published in the
18 metropolitan area, the last publication to be at least 10
19 calendar days before the time for receiving bids, and such
20 the advertisements shall also be posted on readily accessible
21 bulletin boards in the principal office of the Authority.
22 Such advertisements for bids shall state the time and place
23 for receiving and opening bids and, by reference to plans and
24 specifications on file at the time of the first publication,
25 or in the advertisement itself, shall describe the character
26 of the proposed contract in sufficient detail to fully advise
27 prospective bidders of their obligations and to ensure insure
28 free and open competitive bidding.
29 (b) All bids in response to advertisements shall be
30 sealed and shall be publicly opened by the Board, and all
31 bidders shall be entitled to be present in person or by
32 representatives. Cash or a certified or satisfactory
33 cashier's check, as a deposit of good faith, in a reasonable
-625- LRB9000879DJcd
1 amount to be fixed by the Board before advertising for bids,
2 shall be required with the proposal of each bidder. Bond for
3 faithful performance of the contract with surety or sureties
4 satisfactory to the Board and adequate insurance may be
5 required in reasonable amounts to be fixed by the Board
6 before advertising for bids.
7 (c) The contract shall be awarded as promptly as possible
8 after the opening of bids. The bid of the successful bidder,
9 as well as the bids of the unsuccessful bidders, shall be
10 placed on file and open to public inspection. All bids shall
11 be void if any disclosure of the terms of any bid in response
12 to an advertisement is made or permitted to be made by the
13 Board before the time fixed for opening bids.
14 Section 2-132. Bidders; civil action to compel
15 compliance. (d) Any bidder who has submitted a bid in
16 compliance with the requirements for bidding may bring a
17 civil action in the circuit court in of the county in which
18 the metropolitan area is located to compel compliance with
19 the provisions of this Article relating to the awarding of
20 contracts by the Board.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 255/2026) (from Ch. 85, par. 7376)
23 Section 2-135. Sec. 2026. Report and financial
24 statement. As soon after the end of each fiscal year as may
25 be expedient, the Board shall cause to be prepared and
26 printed a complete and detailed report and financial
27 statement of its operations and of its assets and
28 liabilities. A reasonably sufficient number of copies of
29 such the report shall be printed for distribution to persons
30 interested upon request, and a copy thereof of the report
31 shall be filed with the county clerk and the appointing
32 officers.
33 (Source: P.A. 86-1414.)
-626- LRB9000879DJcd
1 (70 ILCS 255/2027) (from Ch. 85, par. 7377)
2 Section 2-140. State financial Sec. 2027. Civic Center
3 support. The Authority created by this Article shall receive
4 financial support from the State in the amounts provided for
5 in Section 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 86-1414.)
7 (70 ILCS 255/2028) (from Ch. 85, par. 7378)
8 Section 2-145. Sec. 2028. Antitrust laws. The
9 Authority is expressly made the beneficiary of the provisions
10 of Section 1 of the Local Government Antitrust Exemption Act
11 "An Act to make explicit the authorization for units of local
12 government and certain other governmental bodies to act as
13 permitted by statute or the Illinois Constitution,
14 notwithstanding effects on competition", amendatory veto
15 overridden November 3, 1983, and the General Assembly intends
16 that the "State action exemption" to the application of the
17 federal antitrust laws be fully available to the Authority to
18 the extent its activities are either (1) (i) expressly or by
19 necessary implication authorized by this Article or other
20 Illinois law or (2) (ii) within traditional areas of local
21 governmental activity.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 255/2029) (from Ch. 85, par. 7379)
24 Section 2-150. Sec. 2029. Tax exemption. All property
25 of the Authority shall be exempt from taxation by the State
26 or any taxing unit therein within the State.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 255/2030) (from Ch. 85, par. 7380)
29 Section 2-30. Sec. 2030. Prompt payment. Purchases made
30 under this Article shall be made in compliance with the Local
31 Government Prompt Payment Act.
-627- LRB9000879DJcd
1 (Source: P.A. 86-1414.)
2 PART 70. CRYSTAL LAKE CIVIC CENTER
3 (70 ILCS 305/2-1) (from Ch. 85, par. 6301)
4 Section 2-3. Purpose. Sec. 2-1. The purpose of this
5 Article is to accomplish the aims of the State of Illinois to
6 enhance the ability of its citizens to avail themselves of
7 civic and cultural centers geographically situated throughout
8 the entire State of Illinois.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/2-2) (from Ch. 85, par. 6302)
11 Section 70-1. Short title. Sec. 2-2. * * * (nonstandard
12 provisions contained in Section 70-1) * * *
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/2-3) (from Ch. 85, par. 6303)
15 Section 2-5. Definitions. Sec. 2-3. When used In this
16 Article:
17 * * * (nonstandard provisions contained in Section 70-5)
18 * * *
19 "Governmental agency" means the federal government, the
20 State, and any unit of local government or school district
21 governmental body, and any agency or instrumentality,
22 corporate or otherwise, thereof.
23 "Person" means any individual, firm, partnership,
24 corporation, both domestic and foreign, company, association
25 or joint stock association; and includes any trustee,
26 receiver, assignee or personal representative thereof.
27 * * * (nonstandard provisions contained in Section 70-5)
28 * * *
29 (Source: P.A. 87-1208.)
30 (70 ILCS 305/2-4) (from Ch. 85, par. 6304)
-628- LRB9000879DJcd
1 Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
2 (nonstandard provisions contained in Section 70-10) * * *
3 (a) The Authority may sue and be sued in its corporate
4 name, but execution shall not in any case issue against any
5 property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * * (nonstandard provisions
8 contained in Section 70-10) * * *
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/2-5) (from Ch. 85, par. 6305)
11 Section 2-15. Duties; auditorium, recreational, and
12 other buildings; lease of space. Sec. 2-5. It shall be the
13 duty of the Authority to promote, operate and maintain
14 expositions, conventions, and theatrical, sports and cultural
15 activities from time to time in the metropolitan area and in
16 connection therewith to arrange, finance and maintain
17 industrial, cultural, educational, theatrical, sports, trade
18 and scientific exhibits and to construct, equip and maintain
19 auditorium, exposition, recreational and office buildings for
20 such purposes.
21 The provision of office space for lease and rental and
22 the lease of air space over and appurtenant to such
23 structures shall be deemed an integral function of the
24 Authority.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 (Source: P.A. 85-793.)
28 (70 ILCS 305/2-6) (from Ch. 85, par. 6306)
29 Section 2-20. Rights and powers, including eminent
30 domain. Sec. 2-6. The Authority shall have the following
31 rights and powers duties:
32 (a) To acquire, purchase, own, construct, lease as
-629- LRB9000879DJcd
1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain exhibition
3 centers, civic auditoriums, cultural facilities and office
4 buildings, including sites and parking areas and commercial
5 facilities therefor located within the metropolitan area;
6 (b) To plan for such grounds, centers and auditoriums
7 and to plan, sponsor, hold, arrange and finance fairs,
8 industrial, cultural, educational education, trade and
9 scientific exhibits, shows and events and to use or allow the
10 use of such grounds, centers, and auditoriums for the holding
11 of fairs, exhibits, shows and events whether conducted by the
12 Authority or some other person or governmental agency;
13 (c) To exercise the right of eminent domain to acquire
14 sites for such grounds, centers, buildings and auditoriums,
15 and parking areas and facilities in the manner provided for
16 the exercise of the right of eminent domain under Article VII
17 of the Code of Civil Procedure, as amended;
18 (d) To fix and collect just, reasonable and
19 nondiscriminatory charges and rents for the use of such
20 parking areas and facilities, grounds, centers, buildings and
21 auditoriums and admission charges to fairs, shows, exhibits
22 and events sponsored or held by the Authority. The charges
23 collected may be made available to defray the reasonable
24 expenses of the Authority and to pay the principal of, and
25 the interest on, any bonds issued by the Authority;
26 (e) To enter into contracts treating in any manner with
27 the objects and purposes of this Article.
28 (Source: P.A. 85-793.)
29 (70 ILCS 305/2-7) (from Ch. 85, par. 6307)
30 Section 2-25. Incurring obligations. Sec. 2-7. The
31 Authority shall not incur any obligations for salaries or
32 for, office or administrative expenses except within the
33 amounts of funds that which will be available to it when such
-630- LRB9000879DJcd
1 obligations become payable.
2 (Source: P.A. 85-793.)
3 (70 ILCS 305/2-8) (from Ch. 85, par. 6308)
4 Section 2-35. Acquisition of property from person,
5 State, or local agency. Sec. 2-8. The Authority shall have
6 power (i) to acquire and accept by purchase, lease, gift or
7 otherwise any property or rights useful for the Authority's
8 purposes from any person or persons, from any municipal
9 corporation, body politic, or agency of the State, or from
10 the State itself, useful for its purposes, and (ii) to apply
11 for and accept grants, matching grants, loans or
12 appropriations from the State of Illinois or any agency or
13 instrumentality thereof to be used for any of the purposes of
14 the Authority, and (iii) to enter into any agreement with the
15 State of Illinois in relation to such grants, matching
16 grants, loans or appropriations.
17 (Source: P.A. 85-793.)
18 (70 ILCS 305/2-9) (from Ch. 85, par. 6309)
19 Section 2-40. Federal money. Sec. 2-9. The Authority
20 shall have the power (i) to apply for and accept grants,
21 matching grants, loans or appropriations from the federal
22 government or any agency or instrumentality thereof to be
23 used for any of the purposes of the Authority and (ii) to
24 enter into any agreement with the federal government in
25 relation to such grants, matching grants, loans or
26 appropriations.
27 (Source: P.A. 85-793.)
28 (70 ILCS 305/2-10) (from Ch. 85, par. 6310)
29 Section 2-45. Insurance. Sec. 2-10. The Authority shall
30 have the power to procure and enter into contracts for any
31 type of insurance and indemnity against loss or damage to
-631- LRB9000879DJcd
1 property from any cause, against loss of use and occupancy,
2 against employers' liability, against any act of any member,
3 officer, or employee of the Board or Authority in the
4 performance of the duties of the his office or employment,
5 and against or any other insurable risk.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/2-11) (from Ch. 85, par. 6311)
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance. Sec. 2-11. The Authority shall have continuing
10 power to borrow money for the purpose of carrying out and
11 performing its duties and exercising its powers under this
12 Article.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to an ordinance adopted by the Board,
16 from time to time issue and dispose of its interest bearing
17 revenue bonds, and may also from time to time issue and
18 dispose of its interest bearing revenue bonds to refund any
19 bonds at maturity or pursuant to redemption provisions or at
20 any time before maturity with the consent of the holders
21 thereof. All such bonds shall be payable solely from the
22 revenues or income to be derived from the fairs, expositions,
23 exhibitions, rentals and leases and other authorized
24 activities operated by it, and from funds, if any, received
25 and to be received by the Authority from any other source.
26 Such bonds may bear such date or dates, may mature at such
27 time or times not exceeding 40 years from their respective
28 dates, may bear interest at such rate or rates, not exceeding
29 the maximum rate permitted by the Bond Authorization Act "An
30 Act to authorize public corporations to issue bonds, other
31 evidences or indebtedness and tax anticipation warrants
32 subject to interest rate limitations set forth therein",
33 approved May 26, 1970, as amended, may be in such form, may
-632- LRB9000879DJcd
1 carry such registration privileges, may be executed in such
2 manner, may be payable at such place or places, may be made
3 subject to redemption in such manner and upon such terms,
4 with or without premium as is stated on the face thereof, may
5 be executed in such manner, and may contain such terms and
6 covenants, all as may be provided in said ordinance. In case
7 any officer whose signature appears on any bond ceases (after
8 attaching his signature) to hold office, his signature shall
9 nevertheless be valid and effective for all purposes. The
10 holder or holders of any bonds, or interest coupons
11 appertaining thereto issued by the Authority may bring suits
12 at law or proceedings in equity to compel the performance and
13 observance by the Authority or any of its officers, agents or
14 employees of or any contract or covenant made by the
15 Authority with the holders of such bonds or interest coupons,
16 and to compel the Authority or and any of its officers,
17 agents or employees to perform any duties required to be
18 performed for the benefit of the holders of any such bonds or
19 interest coupons by the provisions of the ordinance
20 authorizing their issuance, and to enjoin the Authority and
21 any of its officers, agents or employees from taking any
22 action in conflict with any such contract or covenant.
23 Notwithstanding the form and tenor of any such bonds and
24 in the absence of any express recital on the face fact
25 thereof that it is non-negotiable, all such bonds shall be
26 negotiable instruments under the Uniform Commercial Code.
27 From and after the issuance of any bonds as herein
28 provided it shall be the duty of the corporate authorities of
29 the Authority to fix and establish rates, charges, rents, and
30 fees for the use of facilities acquired, constructed,
31 reconstructed, extended or improved with the proceeds of the
32 sale of said bonds sufficient at all times, with other
33 revenues of the Authority, to pay:
34 (a) the cost of maintaining, repairing, regulating and
-633- LRB9000879DJcd
1 operating the said facilities; and
2 (b) the bonds and interest thereon as they shall become
3 due, and all sinking fund requirements and other requirements
4 provided by the ordinance authorizing the issuance of the
5 bonds or as provided by any trust agreement executed to
6 secure payment thereof.
7 To secure the payment of any or all of such bonds and for
8 the purpose of setting forth the covenants and undertakings
9 of the Authority in connection with the issuance thereof and
10 the issuance of any additional bonds payable from such
11 revenue income to be derived from the fairs, recreational,
12 theatrical, and cultural, expositions, sports activities,
13 exhibitions, office rentals, and air space leases and
14 rentals, and from other revenue, if any, the Authority may
15 execute and deliver a trust agreement or agreements; provided
16 that no lien upon any physical property of the Authority
17 shall be created thereby.
18 A remedy for any breach or default of the terms of any
19 such trust agreement by the Authority may be by mandamus
20 proceedings in any court of competent jurisdiction to compel
21 performance and compliance therewith, but the trust agreement
22 may prescribe by whom or on whose behalf such action may be
23 instituted.
24 Before any such bonds (excepting refunding bonds) are
25 sold, the entire authorized issue, or any part thereof, shall
26 be offered for sale as a unit after advertising for bids at
27 least 3 times in a daily newspaper of general circulation
28 published in the metropolitan area, the last publication to
29 be at least 10 days before bids are required to be filed.
30 Copies of such advertisement may be published in any
31 newspaper or financial publication in the United States. All
32 bids shall be sealed, filed and opened as provided by
33 ordinance and the bonds shall be awarded to the highest and
34 best bidder or bidders therefor. The Authority shall have
-634- LRB9000879DJcd
1 the right to reject all bids and to readvertise for bids in
2 the manner provided for in the initial advertisement.
3 However, if no bids are received, such bonds may be sold at
4 not less than par value, without further advertising, within
5 60 days after the bids are required to be filed pursuant to
6 any advertisement.
7 (Source: P.A. 85-793.)
8 (70 ILCS 305/2-12) (from Ch. 85, par. 6312)
9 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
10 Under no circumstances shall any bonds issued by the
11 Authority be or become an indebtedness or obligation of the
12 State of Illinois or of any political subdivision of or
13 municipality within the State, nor shall any such bond or
14 obligation be or become an indebtedness of the Authority
15 within the purview of any constitutional limitation or
16 provision, and it shall be plainly stated on the face of each
17 such bond that it does not constitute such an indebtedness or
18 obligation but is payable solely from the revenues or income
19 as provided in this Article aforesaid.
20 (Source: P.A. 85-793.)
21 (70 ILCS 305/2-13) (from Ch. 85, par. 6313)
22 Section 2-60. Investment in bonds. Sec. 2-13. The State
23 and all counties, cities, villages, incorporated towns and
24 other municipal corporations, political subdivisions and
25 public bodies, and public officers of any thereof;, all
26 banks, bankers, trust companies, savings banks and
27 institutions, building and loan associations, savings and
28 loan associations, investment companies, and other persons
29 carrying on an insurance business; and all executors,
30 administrators, guardians, trustees and other fiduciaries may
31 legally invest any sinking funds, moneys or other funds
32 belonging to them or within their control in any bonds issued
-635- LRB9000879DJcd
1 pursuant to this Article, it being the purpose of this
2 Section to authorize the investment in such bonds of all
3 sinking, insurance, retirement, compensation, pension and
4 trust funds, whether owned or controlled by private or public
5 persons or officers; provided, however, that nothing
6 contained in this Section may be construed as relieving any
7 person from any duty of exercising reasonable care in
8 selecting securities for investment.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/2-14) (from Ch. 85, par. 6314)
11 Section 2-75. Board members; financial matters; conflict
12 of interest. Sec. 2-14. * * * (nonstandard provisions
13 contained in Section 70-15) * * * The members of the Board
14 shall serve without compensation, but shall be reimbursed for
15 actual expenses incurred by them in the performance of their
16 duties.
17 No member of the Board or employee of the Authority shall
18 have any private financial interest, profit or benefit in any
19 contract, work or business of the Authority or nor in the
20 sale or lease of any property to or from the Authority.
21 (Source: P.A. 85-793.)
22 (70 ILCS 305/2-15) (from Ch. 85, par. 6315)
23 Section 2-80. Board members' oath. Sec. 2-15. * * *
24 (nonstandard provisions contained in Section 70-20) * * *
25 Within 30 days after certification of his appointment, and
26 before entering upon the duties of his office, each member of
27 the Board shall take and subscribe the constitutional oath of
28 office and file it in the office of the Secretary of State.
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/2-16) (from Ch. 85, par. 6316)
31 Section 2-85. Board members; vacancy in office. Sec.
-636- LRB9000879DJcd
1 2-16. Members of the Board shall hold office until their
2 respective successors have been appointed and qualified. Any
3 member may resign from his office; the resignation takes to
4 take effect when the member's his successor has been
5 appointed and has qualified. * * * (nonstandard provisions
6 contained in Section 70-25) * * *
7 In case of failure to qualify within the time required,
8 or of abandonment of his office, or in case of death,
9 conviction of a felony or removal from office, a member's his
10 office shall become vacant. Each vacancy shall be filled for
11 the unexpired term by appointment in like manner, as in the
12 case of expiration of the term of a member of the Board.
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/2-17) (from Ch. 85, par. 6317)
15 Section 2-90. Organization of the Board. Sec. 2-17. As
16 soon as practicably possible after the appointment of the
17 initial members, the Board shall organize for the transaction
18 of business, select a chairman and a temporary secretary from
19 its own number, and adopt by-laws and regulations to govern
20 its proceedings. The initial chairman and his successors
21 shall be elected by the Board from time to time for the term
22 of the chairman's his office as a member of the Board or for
23 the term of 3 years, whichever is shorter.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/2-18) (from Ch. 85, par. 6318)
26 Section 2-95. Meetings; action by 5 Board members. Sec.
27 2-18. Regular meetings of the Board shall be held at least
28 once in each calendar month, the time and place of such
29 meetings to be fixed by the Board.
30 Five members of the Board shall constitute a quorum for
31 the transaction of business. All actions of the Board shall
32 be by ordinance or resolution and the affirmative vote of at
-637- LRB9000879DJcd
1 least 5 members shall be necessary for the adoption of any
2 ordinance or resolution.
3 All ordinances, resolutions and all proceedings of the
4 Authority and all documents and records in its possession
5 shall be public records, and open to public inspection,
6 except such documents and records as shall be kept or
7 prepared by the Board for use in negotiations, actions action
8 or proceedings to which the Authority is a party.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/2-19) (from Ch. 85, par. 6319)
11 Section 2-100. Secretary; treasurer. Sec. 2-19. The
12 Board shall appoint a secretary and a treasurer, who need not
13 be members of the Board, to hold office during the pleasure
14 of the Board, and shall fix their duties and compensation.
15 Before entering upon the duties of their respective offices,
16 they shall take and subscribe the constitutional oath of
17 office, and the treasurer shall execute a bond with corporate
18 sureties to be approved by the Board. The bond shall be
19 payable to the Authority in whatever penal sum may be
20 directed upon the faithful performance of the duties of the
21 office and the payment of all money received by the treasurer
22 him according to law and the orders of the Board. The Board
23 may, at any time, require a new bond from the treasurer in a
24 such penal sum as may then be determined by the Board. The
25 obligation of the sureties shall not extend to any loss
26 sustained by the insolvency, failure or closing of any
27 national or state bank wherein the treasurer has deposited
28 funds if the bank has been approved by the Board as a
29 depositary depository for those these funds. The oaths of
30 office and the treasurer's bond bonds shall be filed in the
31 principal office of the Authority.
32 (Source: P.A. 85-793.)
-638- LRB9000879DJcd
1 (70 ILCS 305/2-20) (from Ch. 85, par. 6320)
2 Section 2-105. Funds. Sec. 2-20. All funds deposited by
3 the treasurer in any bank shall be placed in the name of the
4 Authority and shall be withdrawn or paid out only by check or
5 draft upon the bank, signed by the treasurer and
6 countersigned by the chairman of the Board. The Board may
7 designate any of its members or any officer or employee of
8 the Authority to affix the signature of the chairman and
9 another to affix the signature of the treasurer to any check
10 or draft for payment of salaries or wages and for payment of
11 any other obligation of not more than $2,500.
12 (Source: P.A. 85-793.)
13 (70 ILCS 305/2-21) (from Ch. 85, par. 6321)
14 Section 2-110. Signatures on checks or drafts. Sec.
15 2-21. In case any officer whose signature appears upon any
16 check or draft issued pursuant to this Article Act ceases
17 (after attaching his signature) to hold his office after
18 attaching his or her signature and before the delivery of the
19 check or draft thereof to the payee, that his signature,
20 nevertheless, shall be valid and sufficient for all purposes
21 with the same effect as if the officer he had remained in
22 office until delivery.
23 (Source: P.A. 85-793.)
24 (70 ILCS 305/2-22) (from Ch. 85, par. 6322)
25 Section 2-115. General manager; other appointments. Sec.
26 2-22. The Board may appoint a general manager who shall be a
27 person of recognized ability and business experience, to hold
28 office during the pleasure of the Board. The general manager
29 shall have management of the properties and business of the
30 Authority and of the employees thereof subject to the general
31 control of the Board, shall direct the enforcement of all
32 ordinances, resolutions, rules and regulations of the Board,
-639- LRB9000879DJcd
1 and shall perform such other duties as may be prescribed from
2 time to time by the Board.
3 The Board may appoint a general attorney and a chief
4 engineer and shall provide for the appointment of such other
5 officers, attorneys, engineers, planners, consultants, agents
6 and employees as may be necessary. The Board It shall define
7 their duties and require bonds of such of them as the Board
8 may designate.
9 The general manager, general attorney, chief engineer,
10 and all other officers provided for, pursuant to this
11 Section, shall be exempt from taking and subscribing any oath
12 of office and shall not be members of the Board.
13 The compensation of the general manager, general
14 attorney, chief engineer, and all other officers, attorneys,
15 planners, consultants, agents and employees shall be fixed by
16 the Board.
17 (Source: P.A. 85-793.)
18 (70 ILCS 305/2-23) (from Ch. 85, par. 6323)
19 Section 2-122. Rules and regulations; penalties. Sec.
20 2-23. The Board shall have power to make all rules and
21 regulations, proper or necessary, to carry into effect the
22 powers granted to the Authority, with such penalties as may
23 be deemed proper.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/2-24) (from Ch. 85, par. 6324)
26 Section 2-125. Contracts; award to other than highest or
27 lowest bidder by vote of 5 Board members. Sec. 2-24. All
28 contracts for the sale of property of the value of more than
29 $2,500 or for a concession in or lease of property, including
30 air rights, of the Authority for a term of more than one year
31 shall be awarded to the highest responsible bidder, after
32 advertising for bids. All construction contracts and
-640- LRB9000879DJcd
1 contracts for supplies, materials, equipment and services,
2 when the expense thereof will exceed $2,500, shall be let to
3 the lowest responsible bidder after advertising for bids,
4 excepting (1) when repair parts, accessories, equipment or
5 services are required for equipment or services previously
6 furnished or contracted for; (2) when the nature of the
7 services required is such that competitive bidding is not in
8 the best interest of the public, including, without limiting
9 the generality of the foregoing, the services of accountants,
10 architects, attorneys, engineers, physicians, superintendents
11 of construction, and others possessing a high degree of
12 skill; and (3) when services such as water, light, heat,
13 power, telephone or telegraph are required.
14 All contracts involving less than $2,500 shall be let by
15 competitive bidding to the lowest responsible bidder whenever
16 possible, and, in any event, in a manner calculated to ensure
17 insure the best interests of the public. Competitive bidding
18 is not required for the lease of real estate or buildings
19 owned or controlled by the Authority. The Board is empowered
20 to offer such leases upon such terms as it deems advisable.
21 In determining the responsibility of any bidder, the
22 Board may take into account the past record records of
23 dealings with the bidder, the bidder's experience, adequacy
24 of equipment, and ability to complete performance within the
25 time set, and other factors besides financial responsibility,
26 but in no case shall any such contracts be awarded to any
27 other than the highest bidder (in case of sale, concession or
28 lease) or the lowest bidder (in case of purchase or
29 expenditure) unless authorized or approved by a vote of at
30 least 5 members of the Board, and unless such action is
31 accompanied by a statement in writing setting forth the
32 reasons for not awarding the contract to the highest or
33 lowest bidder, as the case may be, which statement shall be
34 kept on file in the principal office of the Authority and
-641- LRB9000879DJcd
1 open to public inspection.
2 Members of the Board, officers and employees of the
3 Authority, and their relatives within the fourth degree of
4 consanguinity by the terms of the civil law, are forbidden to
5 be interested directly or indirectly in any contract for
6 construction or maintenance work or for the delivery of
7 materials, supplies or equipment.
8 The Board shall have the right to reject all bids and to
9 readvertise for bids. If after any such advertisement no
10 responsible and satisfactory bid, within the terms of the
11 advertisement, shall be received, the Board may award such
12 contract without competitive bidding, provided that it shall
13 not be less advantageous to the Authority than any valid bid
14 received pursuant to advertisement.
15 The Board shall adopt rules and regulations to carry into
16 effect the provisions of this Section.
17 (Source: P.A. 85-793.)
18 (70 ILCS 305/2-25) (from Ch. 85, par. 6325)
19 Section 2-130. Bids and advertisements. Sec. 2-25.
20 Advertisements for bids shall be published at least twice in
21 a daily newspaper of general circulation published in the
22 metropolitan area, the last publication to be at least 10
23 calendar days before the time for receiving bids, and such
24 advertisements shall also be posted on readily accessible
25 bulletin boards in the principal office of the Authority.
26 Such advertisements shall state the time and place for
27 receiving and opening of bids and, by reference to plans and
28 specifications on file for receiving and opening of bids and
29 by reference to plans and specifications on file at the time
30 of the first publication, or in the advertisement itself,
31 shall describe the character of the proposed contract in
32 sufficient detail to fully advise prospective bidders of
33 their obligations and to ensure free insure and open
-642- LRB9000879DJcd
1 competitive bidding.
2 All bids in response to advertisements shall be sealed
3 and shall be publicly opened by the Board, and all bidders
4 shall be entitled to be present in person or by
5 representatives. Cash or a certified or satisfactory
6 cashier's check, as a deposit of good faith, in a reasonable
7 amount to be fixed by the Board before advertising for bids,
8 shall be required with the proposal of each bidder. Bond for
9 faithful performance of the contract with surety or sureties
10 satisfactory to the Board and adequate insurance may be
11 required in reasonable amounts to be fixed by the Board
12 before advertising for bids.
13 The contract shall be awarded as promptly as possible
14 after the opening of bids. The bid of the successful bidder,
15 as well as the bids of the unsuccessful bidders, shall be
16 placed on file and be open to public inspection. All bids
17 shall be void if any disclosure of the terms of any bid in
18 response to an advertisement is made or permitted to be made
19 by the Board before the time fixed for opening bids.
20 * * * (nonstandard provisions contained in Section 70-30)
21 * * *
22 (Source: P.A. 85-793.)
23 (70 ILCS 305/2-26) (from Ch. 85, par. 6326)
24 Section 2-135. Report and financial statement. Sec.
25 2-26. As soon after the end of each fiscal year as may be
26 expedient, the Board shall cause to be prepared and printed a
27 complete and detailed report and financial statement of its
28 operations and of its assets and liabilities. A reasonably
29 sufficient number of copies of such report shall be printed
30 for distribution to persons interested upon request and a
31 copy thereof shall be filed with the county clerk and the
32 appointing officers.
33 (Source: P.A. 85-793.)
-643- LRB9000879DJcd
1 (70 ILCS 305/2-27) (from Ch. 85, par. 6327)
2 Section 2-140. State financial support. Sec. 2-27. The
3 Authority created by this Article shall receive financial
4 support from the State in the amounts provided for in Section
5 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/2-28) (from Ch. 85, par. 6328)
8 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
9 is hereby expressly made the beneficiary of the provisions of
10 Section 1 of the Local Government Antitrust Exemption Act "An
11 Act to make explicit the authorization for units of local
12 government and certain other governmental bodies to act as
13 permitted by statute or the Illinois Constitution,
14 notwithstanding effects on competition", amendatory veto
15 overridden November 3, 1983, and the General Assembly intends
16 that the "State action exemption" to the application of the
17 federal antitrust anti-trust laws be fully available to the
18 Authority to the extent its activities are either (1)
19 expressly or by necessary implication authorized by this
20 Article or other Illinois law, or (2) within traditional
21 areas of local governmental activity.
22 (Source: P.A. 85-793.)
23 (70 ILCS 305/2-29) (from Ch. 85, par. 6329)
24 Section 2-150. Tax exemption. Sec. 2-29. All property
25 of the Authority shall be exempt from taxation by the State
26 or any taxing unit therein.
27 (Source: P.A. 85-793.)
28 (70 ILCS 305/2-30) (from Ch. 85, par. 6330)
29 Section 2-30. Prompt payment. Sec. 2-30. Purchases made
30 under pursuant to this Article shall be made in compliance
31 with the Local Government Prompt Payment Act.
-644- LRB9000879DJcd
1 (Source: P.A. 85-793.)
2 PART 75. DECATUR CIVIC CENTER
3 (70 ILCS 265/1) (from Ch. 85, par. 1551)
4 Section 75-5. Purpose. Sec. 1.* * * (nonstandard
5 provisions contained in Section 75-5) * * *
6 (Source: P.A. 86-888; 86-907.)
7 (70 ILCS 265/1.1) (from Ch. 85, par. 1551.1)
8 Section 75-1. Short title. Sec. 1.1.* * * (nonstandard
9 provisions contained in Section 75-1) * * *.
10 (Source: P.A. 86-888; 86-907.)
11 (70 ILCS 265/2) (from Ch. 85, par. 1552)
12 Section 2-5. Definitions. In this Article: Sec. 2.
13 * * * (nonstandard provisions contained in Section 75-10)
14 * * *
15 "Governmental Agency" means the federal government, the
16 State of Illinois, any unit of local government or school
17 district, and any agency or instrumentality thereof.
18 "Person" means any individual, firm, partnership,
19 corporation, both domestic and foreign, company, association
20 or joint stock joint-stock association; and includes any
21 trustee, receiver, assignee or personal representative
22 thereof.
23 * * * (nonstandard provisions contained in Section 75-10)
24 * * *
25 (Source: P.A. 86-888; 86-907.)
26 (70 ILCS 265/3) (from Ch. 85, par. 1553)
27 Section 2-10. Lawsuits; common seal. Sec. 3. * * *
28 (nonstandard provisions contained in Section 75-15) * * *
29 (a) The Authority may sue and be sued in its corporate
30 own name but execution shall not in any case issue against
-645- LRB9000879DJcd
1 any property of the Authority.
2 (b) The Authority It may adopt a common seal and change
3 the same at its pleasure. * * * (nonstandard provisions
4 contained in Section 75-15) * * *
5 (Source: P.A. 86-888; 86-907.)
6 (70 ILCS 265/4) (from Ch. 85, par. 1554)
7 Section 2-16. Duties; auditorium and other buildings;
8 lease of space. Sec. 4. It shall be the duty of the Authority
9 to promote, operate and maintain expositions, conventions,
10 and theatrical, sports and cultural activities from time to
11 time in the metropolitan area and in connection therewith to
12 arrange, finance and maintain industrial, cultural,
13 educational, theatrical, sports, trade and scientific
14 exhibits and to construct, equip and maintain auditorium,
15 exposition and office buildings for such purposes.
16 The provision of office space for rental and lease and
17 the lease of air space over and appurtenant to such
18 structures shall be deemed an integral function of the
19 Authority.
20 The Authority is granted all rights and powers necessary
21 to perform such duties.
22 (Source: P.A. 79-794.)
23 (70 ILCS 265/5) (from Ch. 85, par. 1555)
24 Section 75-20. Rights and powers. Sec. 5. * * *
25 (nonstandard provisions contained in Section 75-20) * * *
26 (Source: P.A. 82-783.)
27 (70 ILCS 265/6) (from Ch. 85, par. 1556)
28 Section 2-25. Incurring obligations. Sec. 6. The
29 Authority shall not incur any obligations for salaries or for
30 , office or administrative expenses except within the
31 amounts of funds that which will be available to it when
-646- LRB9000879DJcd
1 such obligations become payable.
2 (Source: P.A. 79-794.)
3 (70 ILCS 265/6.1) (from Ch. 85, par. 1556.1)
4 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
5 under pursuant to this Article Act shall be made in
6 compliance with the "Local Government Prompt Payment Act",
7 approved by the Eighty-fourth General Assembly.
8 (Source: P.A. 84-731.)
9 (70 ILCS 265/7) (from Ch. 85, par. 1557)
10 Section 2-36. Acquisition of property from person or
11 governmental agency. Sec. 7. The Authority shall have the
12 power (i) to acquire and accept by purchase, lease, gift or
13 otherwise any property or rights from any person or
14 governmental agency useful for its purposes, (ii) and to
15 apply for and accept grants, matching grants, loans or
16 appropriations from the State of Illinois or any agency or
17 instrumentality thereof to be used for any of the purposes of
18 the Authority, and (iii) to enter into any agreement with
19 the State of Illinois in relation to such grants, matching
20 grants, loans or appropriations.
21 (Source: P.A. 79-794.)
22 (70 ILCS 265/8) (from Ch. 85, par. 1558)
23 Section 2-40. Federal money. Sec. 8. The Authority shall
24 have the power (i) to apply for and accept grants, matching
25 grants, loans or appropriations from the federal government
26 or any agency or instrumentality thereof to be used for any
27 of the purposes of the Authority and (ii) to enter into any
28 agreement with the federal government in relation to such
29 grants, matching grants, loans or appropriations.
30 (Source: P.A. 79-794.)
-647- LRB9000879DJcd
1 (70 ILCS 265/9) (from Ch. 85, par. 1559)
2 Section 2-45. Insurance. Sec. 9. The Authority shall have
3 the power to procure and enter into contracts for any type of
4 insurance and indemnity against loss or damage to property
5 from any cause, against loss of use and occupancy, against
6 employers' liability, against any act of any member, officer,
7 or employee of the Board or of Authority in the performance
8 of the duties of the his office or employment, and against or
9 any other insurable risk.
10 (Source: P.A. 79-794.)
11 (70 ILCS 265/10) (from Ch. 85, par. 1560)
12 Section 2-52. Borrowing; revenue bonds; interest payable
13 semi-annually; bond sale price; effect of Omnibus Bond Acts.
14 Sec. 10. The Authority shall have continuing power to borrow
15 money for the purpose of carrying out and performing its
16 duties and exercising its powers under this Article Act.
17 For the purpose of evidencing the obligation of the
18 Authority to repay any money borrowed as aforesaid, the
19 Authority may, pursuant to an ordinance adopted by the Board,
20 from time to time issue and dispose of its interest bearing
21 revenue bonds, and may also from time to time issue and
22 dispose of its interest bearing revenue bonds to refund any
23 bonds at maturity or pursuant to redemption provisions or at
24 any time before maturity with the consent of the holders
25 thereof. All such bonds shall be payable solely from the
26 revenues or income to be derived from the fairs, expositions,
27 exhibitions, rentals and leases and other authorized
28 activities operated by it, and from funds, if any, received
29 and to be received by the Authority from any other source.
30 Such bonds may bear such date or dates, may mature at such
31 time or times not exceeding 40 years from their respective
32 dates, may bear interest at such rate or rates, not exceeding
33 the maximum rate authorized by the Bond Authorization Act, as
-648- LRB9000879DJcd
1 amended at the time of the making of the contract, payable
2 semi-annually, may be in such form, may carry such
3 registration privileges, may be executed in such manner, may
4 be payable at such place or places, may be made subject to
5 redemption in such manner and upon such terms, with or
6 without premium as is stated on the face thereof, may be
7 executed in such manner and may contain such terms and
8 covenants, all as may be provided in said the ordinance. In
9 case any officer whose signature appears on any bond ceases
10 (after attaching his signature) to hold office, ; his
11 signature shall nevertheless be valid and effective for all
12 purposes. The holder or holders of any bonds, or interest
13 coupons appertaining thereto issued by the Authority may
14 bring mandamus, injunction, or other civil actions or and
15 proceedings to compel the performance and observance by the
16 Authority or any of its officers, agents or employees of or
17 any contract or covenant made by the Authority with the
18 holders of such bonds or interest coupons, and to compel the
19 Authority and any of its officers, agents or employees to
20 perform any duties required to be performed for the benefit
21 of the holders of any such bonds or interest coupons by the
22 provisions of the ordinance authorizing their issuance, and
23 to enjoin the Authority and any of its officers, agents or
24 employees from taking any action in conflict with any such
25 contract or covenant.
26 Notwithstanding the form and tenor of any such bonds and
27 in the absence of any express recital on the face thereof
28 that it is non-negotiable, all such bonds shall be negotiable
29 instruments under the Uniform Commercial Code of the State of
30 Illinois.
31 The bonds shall be sold by the corporate authorities of
32 the Authority in such manner as said corporate authorities
33 shall determine, except that if issued to bear interest at
34 the maximum rate authorized by the Bond Authorization Act, as
-649- LRB9000879DJcd
1 amended at the time of the making of the contract, the bonds
2 shall be sold for not less than par and accrued interest and
3 except that the selling price of bonds bearing interest at a
4 rate of less than the maximum rate authorized by the Bond
5 Authorization Act, as amended at the time of the making of
6 the contract, shall be such that the interest cost to the
7 Authority of the money received from the sale of bonds shall
8 not exceed the maximum rate authorized by the Bond
9 Authorization Act, as amended at the time of the making of
10 the contract, computed to absolute maturity of said bonds or
11 certificates according to standard tables of bond values.
12 From and after the issuance of any bonds as herein
13 provided it shall be the duty of the corporate authorities of
14 the Authority to fix and establish rates, charges, rents, and
15 fees for the use of facilities acquired, constructed,
16 reconstructed, extended or improved with the proceeds of the
17 sale of said bonds sufficient at all times, with other
18 revenues of the Authority to pay:
19 (a) the cost of maintaining, repairing, regulating and
20 operating the said facilities; and
21 (b) the bonds and interest thereon as they shall become
22 due, and all sinking fund requirements and other requirements
23 provided by the ordinance authorizing the issuance of the
24 bonds or as provided by any trust agreement executed to
25 secure payment thereof.
26 To secure the payment of any or all of such bonds and for
27 the purpose of setting forth the covenants and undertakings
28 of the Authority in connection with the issuance thereof and
29 the issuance of any additional bonds payable from such
30 revenue income to be derived from the fairs, recreational,
31 theatrical, cultural, expositions, sport activities,
32 exhibitions, office rentals, and air space leases and
33 rentals, and other revenue, if any, the Authority may execute
34 and deliver a trust agreement or agreements; provided that no
-650- LRB9000879DJcd
1 lien upon any physical property of the Authority shall be
2 created thereby.
3 A remedy for any breach or default of the terms of any
4 such trust agreement by the Authority may be by mandamus,
5 injunction, or other civil actions or and proceedings in any
6 court of competent jurisdiction to compel performance and
7 compliance therewith, but the trust agreement may prescribe
8 by whom or on whose behalf such action may be instituted.
9 Before any such bonds (excepting refunding bonds) are
10 sold the entire authorized issue, or any part thereof, shall
11 be offered for sale as a unit after advertising for bids at
12 least 3 times in a daily newspaper of general circulation
13 published in the metropolitan area, the last publication to
14 be at least 10 days before bids are required to be filed.
15 Copies of such advertisement may be published in any
16 newspaper or financial publication in the United States. All
17 bids shall be sealed, filed and opened as provided by
18 ordinance and the bonds shall be awarded to the highest and
19 best bidder or bidders therefor. The Authority shall have
20 the right to reject all bids and readvertise for bids in the
21 manner provided for in the initial advertisement. However,
22 if no bids are received such bonds may be sold at not less
23 than par value, without further advertising, within 60 days
24 after the bids are required to be filed pursuant to any
25 advertisement.
26 With respect to instruments for the payment of money
27 issued under this Section either before, on, or after the
28 effective date of Public Act 86-4 this amendatory Act of
29 1989, it is and always has been the intention of the General
30 Assembly (i) that the Omnibus Bond Acts are and always have
31 been supplementary grants of power to issue instruments in
32 accordance with the Omnibus Bond Acts, regardless of any
33 provision of this Article Act that may appear to be or to
34 have been more restrictive than those Acts, (ii) that the
-651- LRB9000879DJcd
1 provisions of this Section are not a limitation on the
2 supplementary authority granted by the Omnibus Bond Acts, and
3 (iii) that instruments issued under this Section within the
4 supplementary authority granted by the Omnibus Bond Acts are
5 not invalid because of any provision of this Article Act that
6 may appear to be or to have been more restrictive than those
7 Acts.
8 (Source: P.A. 86-4.)
9 (70 ILCS 265/11) (from Ch. 85, par. 1561)
10 Section 75-25. Bonds; nature of indebtedness. Sec. 11. *
11 * *(nonstandard provisions contained in Section 75-25)* * *
12 (Source: P.A. 79-794.)
13 (70 ILCS 265/12) (from Ch. 85, par. 1562)
14 Section 75-30. Investment in bonds. Sec. 12. * *
15 *(nonstandard provisions contained in Section 75-30)* * *
16 (Source: P.A. 79-794.)
17 (70 ILCS 265/13) (from Ch. 85, par. 1563)
18 Section 75-35. Bonds other than revenue bonds. Sec. 13. *
19 * *(nonstandard provisions contained in Section 75-35)* * *
20 (Source: P.A. 86-888; 86-907.)
21 (70 ILCS 265/14) (from Ch. 85, par. 1564)
22 Section 75-40. Tax. Sec. 14. * * *(nonstandard provisions
23 contained in Section 75-40)* * *
24 (Source: P.A. 86-888; 86-907.)
25 (70 ILCS 265/15) (from Ch. 85, par. 1565)
26 Section 2-76. Board members; financial matters;
27 compensation for secretary or treasurer; conflict of
28 interest. Sec. 15. * * * (nonstandard provisions contained in
29 Section 75-45) * * * The members of the Board They shall
-652- LRB9000879DJcd
1 serve without compensation, but shall be reimbursed for
2 actual expenses incurred by them in the performance of their
3 duties. However, any member of the Board who is appointed to
4 the office of secretary or treasurer may receive compensation
5 for his or her services as such officer.
6 No member of the Board or employee of the Authority shall
7 have any private financial interest, profit or benefit in any
8 contract, work or business of the Authority or nor in the
9 sale or lease of any property to or from the Authority.
10 (Source: P.A. 86-888; 86-907.)
11 (70 ILCS 265/16) (from Ch. 85, par. 1566)
12 Section 2-80. Board members' oath. Sec. 16.* * *
13 (nonstandard provisions contained in Section 75-50) * * *
14 Within 30 days after certification of his appointment, and
15 before entering upon the duties of his office, each member
16 of the Board shall take and subscribe the constitutional oath
17 of office and file it in the office of the Secretary of
18 State.
19 (Source: P.A. 86-888; 86-907.)
20 (70 ILCS 265/17) (from Ch. 85, par. 1567)
21 Section 2-85. Board members; vacancy in office. Sec. 17.
22 Members of the Board shall hold office until their respective
23 successors have been appointed and qualified. Any member may
24 resign from his office; the resignation takes to take
25 effect when the member's his successor has been appointed
26 and has qualified.
27 Section 2-83. Removal of Board member from office. The
28 appointing officer may remove any member of the Board
29 appointed by the officer him, in case of incompetency,
30 neglect of duty, or malfeasance in office, after service on
31 the member him, by registered United States mail, return
32 requested, of a copy of the written charges against the
-653- LRB9000879DJcd
1 member him and an opportunity to be publicly heard in person
2 or by counsel in the member's his own defense upon not less
3 than 10 days' notice.
4 (Section 2-85, resumed)
5 In case of failure to qualify within the time required,
6 or of abandonment of his office, or in case of death,
7 conviction of a felony or removal from office, a member's his
8 office shall become vacant. Each vacancy shall be filled for
9 the unexpired term by appointment in like manner, as in the
10 case of expiration of the term of a member of the Board.
11 (Source: P.A. 79-794.)
12 (70 ILCS 265/18) (from Ch. 85, par. 1568)
13 Section 2-90. Organization of the Board. Sec. 18. As soon
14 as practicably possible after the appointment of the initial
15 members, the Board shall organize for the transaction of
16 business, select a chairman and a temporary secretary from
17 its own number, and adopt by-laws and regulations to govern
18 its proceedings. The initial chairman and his successors
19 shall be elected by the Board from time to time for the term
20 of the chairman's his office as a member of the Board or for
21 the term of 3 years, whichever is shorter.
22 (Source: P.A. 79-794.)
23 (70 ILCS 265/19) (from Ch. 85, par. 1569)
24 Section 2-97. Board meetings; public records. Sec. 19.
25 Regular meetings of the Board shall be held at least once in
26 each calendar month, the time and place of such meetings to
27 be fixed by the Board.
28 * * * (nonstandard provisions contained in Section 75-55)
29 * * *
30 All ordinances, resolutions and all proceedings of the
31 Authority and all documents and records in its possession
32 shall be public records, and open to public inspection,
-654- LRB9000879DJcd
1 except such documents and records as shall be kept or
2 prepared by the Board for use in negotiations, actions or
3 proceedings to which the Authority is a party.
4 (Source: P.A. 86-888; 86-907.)
5 (70 ILCS 265/20) (from Ch. 85, par. 1570)
6 Section 2-101. Secretary; treasurer; funds deposited in
7 bank or savings and loan association. Sec. 20. The Board
8 shall appoint a secretary and a treasurer, who need not be
9 members of the Board, to hold office during the pleasure of
10 the Board, and shall fix their duties and compensation.
11 Before entering upon the its duties of their respective
12 offices they shall take and subscribe the constitutional oath
13 of office, and the treasurer shall execute a bond with
14 corporate sureties to be approved by the Board. The bond
15 shall be payable to the Authority in whatever penal sum may
16 be directed upon the faithful performance of the duties of
17 the office and the payment of all money received by the
18 treasurer him according to law and the orders of the Board.
19 The Board may, at any time, require a new bond from the
20 treasurer in such penal sum as may then be determined by the
21 Board. The obligation of the sureties shall not extend to
22 any loss sustained by the insolvency, failure or closing of
23 any savings and loan association or national or State bank
24 wherein the treasurer has deposited funds if the bank or
25 savings and loan association has been approved by the Board
26 as a depository for those these funds. The oaths of office
27 and the treasurer's bond shall be filed in the principal
28 office of the Authority.
29 (Source: P.A. 83-541.)
30 (70 ILCS 265/21) (from Ch. 85, par. 1571)
31 Section 2-106. Funds; compliance with Public Funds
32 Investment Act. Sec. 21. All funds deposited by the treasurer
-655- LRB9000879DJcd
1 in any bank or savings and loan association shall be placed
2 in the name of the Authority and shall be withdrawn or paid
3 out only by check or draft upon the bank or savings and loan
4 association, signed by the treasurer and countersigned by the
5 chairman of the Board. The Board may designate any of its
6 members or any officer or employee of the Authority to affix
7 the signature of the chairman and another to affix the
8 signature of the treasurer to any check or draft for payment
9 of salaries or wages and for payment of any other obligation
10 of not more than $2,500.
11 No bank or savings and loan association shall receive
12 public funds as permitted by this Section, unless it has
13 complied with the requirements established pursuant to
14 Section 6 of the Public Funds Investment Act "An Act relating
15 to certain investments of public funds by public agencies",
16 approved July 23, 1943, as now or hereafter amended.
17 (Source: P.A. 83-541.)
18 (70 ILCS 265/22) (from Ch. 85, par. 1572)
19 Section 2-110. Signatures on checks or drafts. Sec. 22.
20 In case any officer whose signature appears upon any check or
21 draft, issued pursuant to this Article Act, ceases (after
22 attaching his signature) to hold his office after attaching
23 his or her signature and before the delivery of the check or
24 draft thereof to the payee, that his signature nevertheless
25 shall be valid and sufficient for all purposes with the same
26 effect as if the officer he had remained in office until
27 delivery thereof.
28 (Source: P.A. 79-794.)
29 (70 ILCS 265/23) (from Ch. 85, par. 1573)
30 Section 2-115. General manager; other appointments. Sec.
31 23. The Board may appoint a general manager who shall be a
32 person man of recognized ability and business experience, to
-656- LRB9000879DJcd
1 hold office during the pleasure of the Board. The general
2 manager shall have management of the properties and business
3 of the Authority and of the employees thereof subject to the
4 general control of the Board, shall direct the enforcement of
5 all ordinances, resolutions, rules and regulations of the
6 Board, and shall perform such other duties as may be
7 prescribed from time to time by the Board.
8 The Board may appoint a general attorney and a chief
9 engineer and shall provide for the appointment of such other
10 officers, attorneys, engineers, planners, consultants, agents
11 and employees as may be necessary. The Board It shall define
12 their duties and require bonds of such of them as the Board
13 may designate.
14 The general manager, general attorney, chief engineer,
15 and all other officers provided for pursuant to this Section
16 shall be exempt from taking and subscribing any oath of
17 office and shall not be members of the Board.
18 The compensation of the general manager, general
19 attorney, chief engineer, and all other officers, attorneys,
20 planners, consultants, agents and employees shall be fixed by
21 the Board.
22 (Source: P.A. 79-794.)
23 (70 ILCS 265/24) (from Ch. 85, par. 1574)
24 Section 2-120. Ordinances, rules, and regulations; fines
25 and penalties. Sec. 24. The Board shall have power to pass
26 all ordinances and make all rules and regulations proper or
27 necessary to carry into effect the powers granted to the
28 Authority, with such fines or penalties as may be deemed
29 proper. All fines and penalties shall be imposed by
30 ordinance, which shall be published in a newspaper of general
31 circulation published in the metropolitan area embraced by
32 the Authority. No such ordinance imposing a fine or penalty
33 shall take effect until 10 days after its publication.
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1 (Source: P.A. 79-794.)
2 (70 ILCS 265/25) (from Ch. 85, par. 1575)
3 Section 2-127. Contracts; award to other than highest or
4 lowest bidder by four-fifths vote. Sec. 25. All contracts for
5 sale of property of the value of more than $2500, or for a
6 concession in or lease of property, including air rights, of
7 the Authority for a term of more than one year, shall be
8 awarded to the highest responsible bidder, after advertising
9 for bids. All construction contracts and contracts for
10 supplies, materials, equipment and services, when the expense
11 thereof will exceed $2500, shall be let to the lowest
12 responsible bidder, after advertising for bids, except:
13 excepting (1) when repair parts, accessories, equipment or
14 services are required for equipment or services previously
15 furnished or contracted for; (2) when the nature of the
16 services required is such that competitive bidding is not in
17 the best interest of the public, including, without limiting
18 the generality of the foregoing, the services of accountants,
19 architects, attorneys, engineers, physicians, superintendents
20 of construction, and others possessing a high degree of
21 skill; and (3) when services such as water, light, heat,
22 power, telephone or telegraph are required.
23 All contracts involving less than $2500 shall be let by
24 competitive bidding to the lowest responsible bidder whenever
25 possible, and in any event in a manner calculated to ensure
26 insure the best interests of the public.
27 In determining the responsibility of any bidder, the
28 Board may take into in account the past record of dealings
29 with the bidder, the bidder's experience, adequacy of
30 equipment, and ability to complete performance within the
31 time set, and other factors besides financial responsibility,
32 but in no case shall any such contract contracts be awarded
33 to any other than the highest bidder (in case of sale,
-658- LRB9000879DJcd
1 concession or lease) or the lowest bidder (in case of
2 purchase or expenditure) unless authorized or approved by a
3 vote of at least 4/5 of the members of the Board, and unless
4 such action is accompanied by a statement in writing setting
5 forth the reasons for not awarding the contract to the
6 highest or lowest bidder, as the case may be, which statement
7 shall be kept on file in the principal office of the
8 Authority and open to public inspection.
9 Members of the Board, officers and employees of the
10 Authority, and their relatives within the fourth degree of
11 consanguinity by the terms of the civil law, are forbidden to
12 be interested directly or indirectly in any contract for
13 construction or maintenance work or for the delivery of
14 materials, supplies or equipment.
15 The Board shall have the right to reject all bids and to
16 readvertise for bids. If after any such advertisement no
17 responsible and satisfactory bid, within the terms of the
18 advertisement, shall be received, the Board may award such
19 contract, without competitive bidding, provided that it shall
20 not be less advantageous to the Authority than any valid bid
21 received pursuant to advertisement.
22 The Board shall adopt rules and regulations to carry into
23 effect the provisions of this Section.
24 (Source: P.A. 79-794.)
25 (70 ILCS 265/26) (from Ch. 85, par. 1576)
26 Section 2-130. Bids and advertisements. Sec. 26.
27 Advertisements for bids shall be published at least twice in
28 a daily newspaper of general circulation published in the
29 metropolitan area, the last publication to be at least 10
30 calendar days before the time for receiving bids, and such
31 advertisements shall also be posted on readily accessible
32 bulletin boards in the principal office of the Authority.
33 Such advertisements shall state the time and place for
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1 receiving and opening of bids, and, by reference to plans and
2 specifications on file at the time of the first publication,
3 or in the advertisement itself, shall describe the character
4 of the proposed contract in sufficient detail to fully advise
5 prospective bidders of their obligations and to ensure insure
6 free and open competitive bidding.
7 All bids in response to advertisements shall be sealed
8 and shall be publicly opened by the Board, and all bidders
9 shall be entitled to be present in person or by
10 representatives. Cash or a certified or satisfactory
11 cashier's check, as a deposit of good faith, in a reasonable
12 amount to be fixed by the Board before advertising for bids,
13 shall be required with the proposal of each bidder. Bond for
14 faithful performance of the contract with surety or sureties
15 satisfactory to the Board and adequate insurance may be
16 required in reasonable amounts to be fixed by the Board
17 before advertising for bids.
18 The contract shall be awarded as promptly as possible
19 after the opening of bids. The bid of the successful bidder,
20 as well as the bids of the unsuccessful bidders, shall be
21 placed on file and be open to public inspection. All bids
22 shall be void if any disclosure of the terms of any bid in
23 response to an advertisement is made or permitted to be made
24 by the Board before the time fixed for opening bids.
25 (Source: P.A. 79-794.)
26 (70 ILCS 265/26a) (from Ch. 85, par. 1576a)
27 Section 2-150. Tax exemption. Sec. 26a. Exemption from
28 taxation. All property of the Decatur and Vermilion County
29 Civic Centers Authority shall be exempt from taxation by the
30 State or any taxing unit therein.
31 (Source: P.A. 86-888; 86-907.)
32 (70 ILCS 265/26b) (from Ch. 85, par. 1576b)
-660- LRB9000879DJcd
1 Section 2-145. Antitrust laws. Sec. 26b. The Authority
2 is hereby expressly made the beneficiary of the provisions
3 of Section 1 of the Local Government Antitrust Exemption Act
4 "An Act to make explicit the authorization for units of local
5 government and certain other governmental bodies to act as
6 permitted by statute or the Illinois Constitution,
7 notwithstanding effects on competition", amendatory veto
8 overridden November 3, 1983, and the General Assembly intends
9 that the "State action exemption" to the application of the
10 federal antitrust anti-trust laws be fully available to the
11 Authority to the extent its activities are either (1)
12 expressly or by necessary implication authorized by this
13 Article Act or other Illinois law, or (2) within traditional
14 areas of local governmental activity.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 265/26c) (from Ch. 85, par. 1576c)
17 Section 2-140. State financial support. Sec. 26c. The
18 Authority created by this Article Act shall receive financial
19 support from the State in the amounts provided for in Section
20 4 of the Metropolitan Civic Center Support Act.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 265/27) (from Ch. 85, par. 1577)
23 Section 2-135. Report and financial statement. Sec. 27.
24 As soon after the end of each fiscal year as may be
25 expedient, the Board shall cause to be prepared and printed a
26 complete and detailed report and financial statement of its
27 operations and of its assets and liabilities. A reasonably
28 sufficient number of copies of such report shall be printed
29 for distribution to persons interested, upon request and a
30 copy thereof shall be filed with the county clerk and the
31 appointing officers as provided in Section 16.
32 (Source: P.A. 79-794.)
-661- LRB9000879DJcd
1 (70 ILCS 265/28) (from Ch. 85, par. 1578)
2 Section 2-155. Partial invalidity. Sec. 28. If any
3 provision of this Article Act is held invalid such provision
4 shall be deemed to be excised from this Article Act and the
5 invalidity thereof shall not affect any of the other
6 provisions of this Article Act. If the application of any
7 provision of this Article Act to any person or circumstance
8 is held invalid it shall not affect the application of such
9 provision to such persons or circumstances other than those
10 as to which it is held invalid.
11 (Source: P.A. 79-794.)
12 PART 80. DUPAGE COUNTY CIVIC CENTER
13 (70 ILCS 270/1-1) (from Ch. 85, par. 3401)
14 Section 80-1. Short title. Sec. 1-1. * * * (nonstandard
15 provisions contained in Section 80-1) * * *
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/1-2) (from Ch. 85, par. 3402)
18 Section 2-5. Definitions. Sec. 1-2. When used In this
19 Article:
20 * * * (nonstandard provisions contained in Section 80-5)
21 * * *
22 "Governmental agency" means the federal government, the
23 State, and any unit of local government or school district
24 governmental body, and any agency or instrumentality,
25 corporate or otherwise, thereof.
26 "Person" means any individual, firm, partnership,
27 domestic or foreign corporation, both domestic and foreign,
28 company, association or joint stock joint-stock association;
29 and includes any trustee, receiver, assignee or personal
30 representative thereof.
31 * * * (nonstandard provisions contained in Section 80-5)
32 * * *
-662- LRB9000879DJcd
1 (Source: P.A. 85-791.)
2 (70 ILCS 270/1-3) (from Ch. 85, par. 3403)
3 Section 2-10. Lawsuits; common seal. Sec. 1-3. * * *
4 (nonstandard provisions contained in Section 80-10) * * *
5 (a) The Authority may sue and be sued in its corporate
6 name but execution shall not in any case issue against any
7 property of the Authority.
8 (b) The Authority It may adopt a common seal and change
9 the same at its pleasure. * * * (nonstandard provisions
10 contained in Section 80-10) * * *
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/1-4) (from Ch. 85, par. 3404)
13 Section 2-16. Duties; auditorium and other buildings;
14 lease of space. Sec. 1-4. It shall be the duty of the
15 Authority to promote, operate and maintain expositions,
16 conventions, and theatrical, sports and cultural activities
17 from time to time in the metropolitan area and in connection
18 therewith to arrange, finance and maintain industrial,
19 cultural, educational, theatrical, sports, trade and
20 scientific exhibits and to construct, equip and maintain
21 auditorium, exposition and office buildings for such
22 purposes.
23 The provision of office space for rental and lease and
24 the lease of air space over and appurtenant to such
25 structures shall be deemed an integral function of the
26 Authority.
27 The Authority is granted all rights and powers necessary
28 to perform such duties.
29 (Source: P.A. 83-1456.)
30 (70 ILCS 270/1-5) (from Ch. 85, par. 3405)
31 Section 80-15. Rights and powers. Sec. 1-5. * * *
-663- LRB9000879DJcd
1 (nonstandard provisions contained in Section 80-15) * * *
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/1-6) (from Ch. 85, par. 3406)
4 Section 2-25. Incurring obligations. Sec. 1-6. The
5 Authority shall not incur any obligations for salaries or
6 for, office or administrative expenses except within the
7 amounts of funds that which will be available to it when such
8 obligations become payable.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/1-6.1) (from Ch. 85, par. 3406.1)
11 Section 2-30. Prompt payment. Sec. 1-6.1. Purchases
12 made under pursuant to this Article Act shall be made in
13 compliance with the the "Local Government Prompt Payment
14 Act", approved by the Eighty-fourth General Assembly.
15 (Source: P.A. 84-731.)
16 (70 ILCS 270/1-7) (from Ch. 85, par. 3407)
17 Section 2-35. Acquisition of property from person,
18 State, or local agency. Sec. 1-7. The Authority shall have
19 the power (i) to acquire and accept by purchase, lease, gift
20 or otherwise any property or rights useful for the
21 Authority's purposes from any person or persons, from any
22 municipal corporation, body politic, or agency of the State,
23 or from the State itself, useful for its purposes, and (ii)
24 to apply for and accept grants, matching grants, loans or
25 appropriations from the State of Illinois or any agency or
26 instrumentality thereof to be used for any of the purposes of
27 the Authority, and (iii) to enter into any agreement with the
28 State of Illinois in relation to such grants, matching
29 grants, loans or appropriations.
30 (Source: P.A. 83-1456.)
-664- LRB9000879DJcd
1 (70 ILCS 270/1-8) (from Ch. 85, par. 3408)
2 Section 2-40. Federal money. Sec. 1-8. The Authority
3 shall have the power (i) to apply for and accept grants,
4 matching grants, loans or appropriations from the federal
5 government or any agency or instrumentality thereof to be
6 used for any of the purposes of the Authority and (ii) to
7 enter into any agreement with the federal government in
8 relation to such grants, matching grants, loans or
9 appropriations.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/1-9) (from Ch. 85, par. 3409)
12 Section 2-45. Insurance. Sec. 1-9. The Authority shall
13 have the power to procure and enter into contracts for any
14 type of insurance and indemnity against loss or damage to
15 property from any cause, against loss of use and occupancy,
16 against employers' liability, against any act of any member,
17 officer, or employee of the Board or Authority in the
18 performance of the duties of the his office or employment,
19 and against or any other insurable risk.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/1-10) (from Ch. 85, par. 3410)
22 Section 80-20. Borrowing; revenue bonds. Sec. 1-10. * *
23 * (nonstandard provisions contained in Section 80-20) * * *
24 (Source: P.A. 86-4.)
25 (70 ILCS 270/1-11) (from Ch. 85, par. 3411)
26 Section 2-55. Bonds; nature of indebtedness. Sec. 1-11.
27 Under no circumstances shall any bonds issued by the
28 Authority be or become an indebtedness or obligation of the
29 State of Illinois or of any other political subdivision of or
30 municipality within the State, nor shall any such bond or
31 obligation be or become an indebtedness of the Authority
-665- LRB9000879DJcd
1 within the purview of any constitutional limitation or
2 provision, and it shall be plainly stated on the face of each
3 such bond that it does not constitute such an indebtedness or
4 obligation but is payable solely from the revenues or income
5 as provided in this Article aforesaid.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/1-12) (from Ch. 85, par. 3412)
8 Section 2-60. Investment in bonds. Sec. 1-12. The State
9 and all counties, cities, villages, incorporated towns and
10 other municipal corporations, political subdivisions and
11 public bodies, and public officers of any thereof;, all
12 banks, bankers, trust companies, savings banks and
13 institutions, building and loan associations, savings and
14 loan associations, investment companies and other persons
15 carrying on an insurance business; and all executors,
16 administrators, guardians, trustees and other fiduciaries may
17 legally invest any sinking funds, moneys or other funds
18 belonging to them or within their control in any bonds issued
19 pursuant to this Article Act, it being the purpose of this
20 Section to authorize the investment in such bonds of all
21 sinking, insurance, retirement, compensation, pension and
22 trust funds, whether owned or controlled by private or public
23 persons or officers; provided, however, that nothing
24 contained in this Section may be construed as relieving any
25 person from any duty of exercising reasonable care in
26 selecting securities for investment.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/1-13) (from Ch. 85, par. 3413)
29 Section 80-25. Bonds other than revenue bonds. Sec.
30 1-13. * * * (nonstandard provisions contained in Section
31 80-25) * * *
32 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/1-14) (from Ch. 85, par. 3414)
2 Section 80-30. Tax. Sec. 1-14. * * * (nonstandard
3 provisions contained in Section 80-30) * * *
4 (Source: P.A. 83-1456.)
5 (70 ILCS 270/1-15) (from Ch. 85, par. 3415)
6 Section 2-76. Board members; financial matters;
7 compensation for secretary or treasurer; conflict of
8 interest. Sec. 1-15. * * * (nonstandard provisions contained
9 in Section 80-35) * * * The members of the Board They shall
10 serve without compensation, but shall be reimbursed for
11 actual expenses incurred by them in the performance of their
12 duties. However, any member of the board who is appointed to
13 the office of secretary or treasurer may receive compensation
14 for his or her services as such officer.
15 No member of the board or employee of the Authority shall
16 have any private financial interest, profit or benefit in any
17 contract, work or business of the Authority or nor in the
18 sale or lease of any property to or from the Authority.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/1-16) (from Ch. 85, par. 3416)
21 Section 2-80. Board members' oath. Sec. 1-16. * * *
22 (nonstandard provisions contained in Section 80-40) * * *
23 Within 30 days after certification of his appointment, and
24 before entering upon the duties of his office, each member of
25 the Board shall take and subscribe the constitutional oath of
26 office and file it in the office of the Secretary of State.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/1-17) (from Ch. 85, par. 3417)
29 Section 2-85. Board members; vacancy in office. Sec.
30 1-17. Members of the board shall hold office until their
31 respective successors have been appointed and qualified. Any
-667- LRB9000879DJcd
1 member may resign from his office; the resignation takes to
2 take effect when the member's his successor has been
3 appointed and has qualified.
4 Section 2-83. Removal of Board member from office. The
5 appointing officer may remove any member of the Board
6 appointed by the officer him, in case of incompetency,
7 neglect of duty, or malfeasance in office, after service on
8 the member him, by registered United States mail, return
9 requested, of a copy of the written charges against the
10 member him and an opportunity to be publicly heard in person
11 or by counsel in the member's his own defense upon not less
12 than 10 days' notice.
13 (Section 2-85, resumed)
14 In case of failure to qualify within the time required,
15 or of abandonment of his office, or in case of death,
16 conviction of a felony or removal from office, a member's his
17 office shall become vacant. Each vacancy shall be filled for
18 the unexpired term by appointment in like manner, as in case
19 of expiration of the term of a member of the Board.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/1-18) (from Ch. 85, par. 3418)
22 Section 2-90. Organization of the Board. Sec. 1-18. As
23 soon as practicably possible after the appointment of the
24 initial members, the Board shall organize for the transaction
25 of business, select a chairman and a temporary secretary from
26 its own number, and adopt by-laws bylaws and regulations to
27 govern its proceedings. The initial chairman and his
28 successors shall be elected by the Board from time to time
29 for the term of the chairman's his office as a member of the
30 Board or for the term of 3 years, whichever is shorter.
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/1-19) (from Ch. 85, par. 3419)
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1 Section 2-95. Meetings; action by 5 Board members. Sec.
2 1-19. Regular meetings of the Board shall be held at least
3 once in each calendar month, the time and place of such
4 meetings to be fixed by the Board.
5 Five members of the Board shall constitute a quorum for
6 the transaction of business. All actions action of the Board
7 shall be by ordinance or resolution and the affirmative vote
8 of at least 5 members shall be necessary for the adoption of
9 any ordinance or resolution.
10 All ordinances, resolutions and all proceedings of the
11 Authority and all documents and records in its possession
12 shall be public records, and open to public inspection,
13 except such documents and records as shall be kept or
14 prepared by the Board for use in negotiations, actions or
15 proceedings to which the Authority is a party.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/1-20) (from Ch. 85, par. 3420)
18 Section 2-101. Secretary; treasurer; funds deposited in
19 bank or savings and loan association. Sec. 1-20. The Board
20 shall appoint a secretary and a treasurer, who need not be
21 members of the Board, to hold office during the pleasure of
22 the Board, and shall fix their duties and compensation.
23 Before entering upon the its duties of their respective
24 offices they shall take and subscribe the constitutional oath
25 of office, and the treasurer shall execute a bond with
26 corporate sureties to be approved by the Board. The bond
27 shall be payable to the Authority in whatever penal sum may
28 be directed upon the faithful performance of the duties of
29 the office and the payment of all money received by the
30 treasurer him according to law and the orders of the Board.
31 The Board may, at any time, require a new bond from the
32 treasurer in such penal sum as may then be determined by the
33 Board. The obligation of the sureties shall not extend to any
-669- LRB9000879DJcd
1 loss sustained by the insolvency, failure or closing of any
2 savings and loan association or national or State bank
3 wherein the treasurer has deposited funds if the bank or
4 savings and loan association has been approved by the Board
5 as a depository for those these funds. The oaths of office
6 and the treasurer's bond shall be filed in the principal
7 office of the Authority.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/1-21) (from Ch. 85, par. 3421)
10 Section 2-106. Funds; compliance with Public Funds
11 Investment Act. Sec. 1-21. All funds deposited by the
12 treasurer in any bank or savings and loan association shall
13 be placed in the name of the Authority and shall be withdrawn
14 or paid out only by check or draft upon the bank or savings
15 and loan association, signed by the treasurer and
16 countersigned by the chairman of the Board. The Board may
17 designate any of its members or any officer or employee of
18 the Authority to affix the signature of the chairman and
19 another to affix the signature of the treasurer to any check
20 or draft for payment of salaries or wages and for payment of
21 any other obligation of not more than $2,500.
22 No bank or savings and loan association shall receive
23 public funds as permitted by this Section, unless it has
24 complied with the requirements established pursuant to
25 Section 6 of the Public Funds Investment Act "An Act relating
26 to certain investments of public funds by public agencies",
27 approved July 23, 1943, as now or hereafter amended.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/1-22) (from Ch. 85, par. 3422)
30 Section 2-110. Signatures on checks or drafts. Sec.
31 1-22. In case any officer whose signature appears upon any
32 check or draft, issued pursuant to this Article Act, ceases
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1 (after attaching his signature) to hold his office after
2 attaching his or her signature and before the delivery of the
3 check or draft thereof to the payee, that his signature
4 nevertheless shall be valid and sufficient for all purposes
5 with the same effect as if the officer he had remained in
6 office until delivery thereof.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/1-23) (from Ch. 85, par. 3423)
9 Section 2-115. General manager; other appointments. Sec.
10 1-23. The Board may appoint a general manager who shall be a
11 person of recognized ability and business experience to hold
12 office during the pleasure of the Board. The general manager
13 shall have management of the properties and business of the
14 Authority and of the employees thereof subject to the general
15 control of the Board, shall direct the enforcement of all
16 ordinances, resolutions, rules and regulations of the Board,
17 and shall perform such other duties as may be prescribed from
18 time to time by the Board.
19 The Board may appoint a general attorney and a chief
20 engineer and shall provide for the appointment of such other
21 officers, attorneys, engineers, planners, consultants, agents
22 and employees as may be necessary. The Board It shall define
23 their duties and require bonds of such of them as the Board
24 may designate.
25 The general manager, general attorney, chief engineer,
26 and all other officers provided for pursuant to this Section
27 shall be exempt from taking and subscribing any oath of
28 office and shall not be members of the Board.
29 The compensation of the general manager, general
30 attorney, chief engineer, and all other officers, attorneys,
31 planners, consultants, agents and employees shall be fixed by
32 the Board.
33 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/1-24) (from Ch. 85, par. 3424)
2 Section 2-120. Ordinances, rules, and regulations; fines
3 and penalties. Sec. 1-24. The Board shall have power to pass
4 all ordinances and make all rules and regulations proper or
5 necessary to carry into effect the powers granted to the
6 Authority, with such fines or penalties as may be deemed
7 proper. All fines and penalties shall be imposed by
8 ordinance, which shall be published in a newspaper of general
9 circulation published in the metropolitan area embraced by
10 the Authority. No such ordinance imposing a fine or penalty
11 shall take effect until 10 days after its publication.
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/1-25) (from Ch. 85, par. 3425)
14 Section 2-127. Contracts; award to other than highest or
15 lowest bidder by four-fifths vote. Sec. 1-25. All contracts
16 for sale of property of the value of more than $2500, or for
17 a concession in or lease of property, including air rights,
18 of the Authority for a term of more than one year, shall be
19 awarded to the highest responsible bidder, after advertising
20 for bids. All construction contracts and contracts for
21 supplies, materials, equipment and services, when the expense
22 thereof will exceed $2500, shall be let to the lowest
23 responsible bidder, after advertising for bids, except: (1)
24 when repair parts, accessories, equipment or services are
25 required for equipment or services previously furnished or
26 contracted for; (2) when the nature of the services required
27 is such that competitive bidding is not in the best interest
28 of the public, including, without limiting the generality of
29 the foregoing, the services of accountants, architects,
30 attorneys, engineers, physicians, superintendents of
31 construction, and others possessing a high degree of skill;
32 and (3) when services such as water, light, heat, power,
33 telephone or telegraph are required.
-672- LRB9000879DJcd
1 All contracts involving less than $2500 shall be let by
2 competitive bidding to the lowest responsible bidder whenever
3 possible, and in any event in a manner calculated to ensure
4 insure the best interests of the public.
5 In determining the responsibility of any bidder, the
6 Board may take into account the past record of dealings with
7 the bidder, the bidder's experience, adequacy of equipment,
8 and ability to complete performance within the time set, and
9 other factors besides financial responsibility, but in no
10 case shall any such contract be awarded to any other than the
11 highest bidder (in case of sale, concession or lease), or the
12 lowest bidder (in case of purchase or expenditure), unless
13 authorized or approved by a vote of at least 4/5 of the
14 members of the Board, and unless such action is accompanied
15 by a statement in writing setting forth the reasons for not
16 awarding the contract to the highest or lowest bidder, as the
17 case may be, which statement shall be kept on file in the
18 principal office of the Authority and open to public
19 inspection.
20 Members of the Board, officers and employees of the
21 Authority, and their relatives within the fourth degree of
22 consanguinity by the terms of the civil law, are forbidden to
23 be interested directly or indirectly in any contract for
24 construction or maintenance work or for the delivery of
25 materials, supplies or equipment.
26 The Board shall have the right to reject all bids and to
27 readvertise for bids. If after any such advertisement no
28 responsible and satisfactory bid, within the terms of the
29 advertisement, shall be received, the Board may award such
30 contract, without competitive bidding, provided that it shall
31 not be less advantageous to the Authority than any valid bid
32 received pursuant to advertisement.
33 The Board shall adopt rules and regulations to carry into
34 effect the provisions of this Section.
-673- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/1-26) (from Ch. 85, par. 3426)
3 Section 2-130. Bids and advertisements. Sec. 1-26.
4 Advertisements for bids shall be published at least twice in
5 a daily newspaper of general circulation published in the
6 metropolitan area, the last publication to be at least 10
7 calendar days before the time for receiving bids, and such
8 advertisements shall also be posted on readily accessible
9 bulletin boards in the principal office of the Authority.
10 Such advertisements shall state the time and place for
11 receiving and opening of bids, and, by reference to plans and
12 specifications on file at the time of the first publication,
13 or in the advertisement itself, shall describe the character
14 of the proposed contract in sufficient detail to fully advise
15 prospective bidders of their obligations and to ensure insure
16 free and open competitive bidding.
17 All bids in response to advertisements shall be sealed
18 and shall be publicly opened by the Board, and all bidders
19 shall be entitled to be present in person or by
20 representatives. Cash or a certified or satisfactory
21 cashier's check, as a deposit of good faith, in a reasonable
22 amount to be fixed by the Board before advertising for bids,
23 shall be required with the proposal of each bidder. Bond for
24 faithful performance of the contract with surety or sureties
25 satisfactory to the Board and adequate insurance may be
26 required in reasonable amounts to be fixed by the Board
27 before advertising for bids.
28 The contract shall be awarded as promptly as possible
29 after the opening of bids. The bid of the successful bidder,
30 as well as the bids of the unsuccessful bidders, shall be
31 placed on file and be open to public inspection. All bids
32 shall be void if any disclosure of the terms of any bid in
33 response to an advertisement is made or permitted to be made
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1 by the Board before the time fixed for opening bids.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/1-27) (from Ch. 85, par. 3427)
4 Section 2-150. Tax Sec. 1-27. exemption from taxation.
5 All property of the DuPage County Civic Center Authority
6 shall be exempt from taxation by the State or any taxing unit
7 therein.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/1-28) (from Ch. 85, par. 3428)
10 Section 2-135. Report and financial statement. Sec.
11 1-28. As soon after the end of each fiscal year as may be
12 expedient, the Board shall cause to be prepared and printed a
13 complete and detailed report and financial statement of its
14 operations and of its assets and liabilities. A reasonably
15 sufficient number of copies of such report shall be printed
16 for distribution to persons interested, upon request and a
17 copy thereof shall be filed with the county clerk and the
18 appointing officers as provided in Section 1-16.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/1-29) (from Ch. 85, par. 3429)
21 Section 2-145. Antitrust laws. Sec. 1-29. The Authority
22 is hereby expressly made the beneficiary of the provisions of
23 Section 1 of the Local Government Antitrust Exemption Act "An
24 Act to make explicit the authorization for units of local
25 government and certain other governmental bodies to act as
26 permitted by statute or the Illinois Constitution,
27 notwithstanding effects on competition", amendatory veto
28 overridden November 3, 1983, and the General Assembly intends
29 that the "State action exemption" to the application of the
30 federal antitrust anti-trust laws be fully available to the
31 Authority to the extent its activities are either (1)
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1 expressly or by necessary implication authorized by this
2 Article Act or other Illinois law, or (2) within traditional
3 areas of local governmental activity.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 270/1-30) (from Ch. 85, par. 3430)
6 Section 2-140. State financial support. Sec. 1-30. The
7 Authority created by this Article Act shall receive financial
8 support from the State in the amounts provided for in Section
9 4 of the Metropolitan Civic Center Support Act.
10 (Source: P.A. 83-1456.)
11 PART 85. ELGIN CIVIC CENTER
12 (70 ILCS 270/3-1) (from Ch. 85, par. 3601)
13 Section 2-3. Purpose. Sec. 3-1. The purpose of this
14 Article Act is to accomplish the aims of the State of
15 Illinois to enhance the ability of its citizens to avail
16 themselves of civic and cultural centers geographically
17 situated throughout the entire State of Illinois.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/3-2) (from Ch. 85, par. 3602)
20 Section 85-1. Short title. Sec. 3-2. * * * (nonstandard
21 provisions contained in Section 85-1) * * *
22 (Source: P.A. 83-1456.)
23 (70 ILCS 270/3-3) (from Ch. 85, par. 3603)
24 Section 2-5. Definitions. Sec. 3-3. When used In this
25 Article:
26 * * * (nonstandard provisions contained in Section 85-5)
27 * * *
28 "Governmental agency" means the federal government, the
29 State, and any unit of local government or school district
30 governmental body, and any agency or instrumentality,
-676- LRB9000879DJcd
1 corporate or otherwise, thereof.
2 "Person" means any individual, firm, partnership,
3 corporation, both domestic and foreign, company, association
4 or joint stock association; and includes any trustee,
5 receiver, assignee or personal representative thereof.
6 * * * (nonstandard provisions contained in Section 85-5)
7 * * *
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/3-4) (from Ch. 85, par. 3604)
10 Section 2-10. Lawsuits; common seal. Sec. 3-4. * * *
11 (nonstandard provisions contained in Section 85-10) * * *
12 (a) The Authority may sue and be sued in its corporate
13 name but execution shall not in any case issue against any
14 property of the Authority.
15 (b) The Authority It may adopt a common seal and change
16 the same at its pleasure. * * * (nonstandard provisions
17 contained in Section 85-10) * * *
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/3-5) (from Ch. 85, par. 3605)
20 Section 2-16. Duties; auditorium and other buildings;
21 lease of space. Sec. 3-5. It shall be the duty of the
22 Authority to promote, operate and maintain expositions,
23 conventions, and theatrical, sports and cultural activities
24 from time to time in the metropolitan area and in connection
25 therewith to arrange, finance and maintain industrial,
26 cultural, educational, theatrical, sports, trade and
27 scientific exhibits and to construct, equip and maintain
28 auditorium, exposition and office buildings for such
29 purposes.
30 The provision of office space for rental and lease and
31 rental and the lease of air space over and appurtenant to
32 such structures shall be deemed an integral function of the
-677- LRB9000879DJcd
1 Authority.
2 The Authority is granted all rights and powers necessary
3 to perform such duties.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 270/3-6) (from Ch. 85, par. 3606)
6 Section 2-20. Rights and powers, including eminent
7 domain. Sec. 3-6. The Authority shall have the following
8 rights and powers duties:
9 (a) To acquire, purchase, own, construct, lease as
10 lessee or in any other way acquire, improve, extend, repair,
11 reconstruct, regulate, operate, equip and maintain exhibition
12 centers, civic auditoriums, cultural facilities and office
13 buildings, including sites and parking areas and commercial
14 facilities therefor located within the metropolitan area;
15 (b) To plan for such grounds, centers and auditoriums
16 and to plan, sponsor, hold, arrange and finance fairs,
17 industrial, cultural, educational, trade and scientific
18 exhibits, shows and events and to use or allow the use of
19 such grounds, centers, and auditoriums for the holding of
20 fairs, exhibits, shows and events whether conducted by the
21 Authority or some other person or governmental agency;
22 (c) To exercise the right of eminent domain to acquire
23 sites for such grounds, centers, buildings and auditoriums,
24 and parking areas and facilities in the manner provided for
25 the exercise of the right of eminent domain under Article VII
26 of the Code of Civil Procedure, as amended;
27 (d) To fix and collect just, reasonable and
28 nondiscriminatory charges and rents for the use of such
29 parking areas and facilities, grounds, centers, buildings and
30 auditoriums and admission charges to fairs, shows, exhibits
31 and events sponsored or held by the Authority. The charges
32 collected may be made available to defray the reasonable
33 expenses of the Authority and to pay the principal of and the
-678- LRB9000879DJcd
1 interest on any bonds issued by the Authority;
2 (e) To enter into contracts treating in any manner with
3 the objects and purposes of this Article Act.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 270/3-7) (from Ch. 85, par. 3607)
6 Section 2-25. Incurring obligations. Sec. 3-7. The
7 Authority shall not incur any obligations for salaries or
8 for, office or administrative expenses except within the
9 amounts of funds which will be available to it when such
10 obligations become payable.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/3-7.1) (from Ch. 85, par. 3607.1)
13 Section 2-30. Prompt payment. Sec. 3-7.1. Purchases
14 made under pursuant to this Article Act shall be made in
15 compliance with the the "Local Government Prompt Payment
16 Act", approved by the Eighty-fourth General Assembly.
17 (Source: P.A. 84-731.)
18 (70 ILCS 270/3-8) (from Ch. 85, par. 3608)
19 Section 2-35. Acquisition of property from person,
20 State, or local agency. Sec. 3-8. The Authority shall have
21 power (i) to acquire and accept by purchase, lease, gift or
22 otherwise any property or rights useful for the Authority's
23 purposes from any person or persons, from any municipal
24 corporation, body politic, or agency of the State, or from
25 the State itself, useful for its purposes, and (ii) to apply
26 for and accept grants, matching grants, loans or
27 appropriations from the State of Illinois or any agency or
28 instrumentality thereof to be used for any of the purposes of
29 the Authority, and (iii) to enter into any agreement with the
30 State of Illinois in relation to such grants, matching
31 grants, loans or appropriations.
-679- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/3-9) (from Ch. 85, par. 3609)
3 Section 2-40. Federal money. Sec. 3-9. The Authority
4 shall have the power (i) to apply for and accept grants,
5 matching grants, loans or appropriations from the federal
6 government or any agency or instrumentality thereof to be
7 used for any of the purposes of the Authority and (ii) to
8 enter into any agreement with the federal government in
9 relation to such grants, matching grants, loans or
10 appropriations.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/3-10) (from Ch. 85, par. 3610)
13 Section 2-45. Insurance. Sec. 3-10. The Authority shall
14 have the power to procure and enter into contracts for any
15 type of insurance and indemnity against loss or damage to
16 property from any cause, against loss of use and occupancy,
17 against employers' liability, against any act of any member,
18 officer, or employee of the Board or Authority in the
19 performance of the duties of the his office or employment,
20 and against or any other insurable risk.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 270/3-11) (from Ch. 85, par. 3611)
23 Section 2-50. Borrowing; revenue bonds; suits to compel
24 performance. Sec. 3-11. The Authority shall have continuing
25 power to borrow money for the purpose of carrying out and
26 performing its duties and exercising its powers under this
27 Article Act.
28 For the purpose of evidencing the obligation of the
29 Authority to repay any money borrowed as aforesaid, the
30 Authority may, pursuant to an ordinance adopted by the Board,
31 from time to time issue and dispose of its interest bearing
-680- LRB9000879DJcd
1 revenue bonds, and may also from time to time issue and
2 dispose of its interest bearing revenue bonds to refund any
3 bonds at maturity or pursuant to redemption provisions or at
4 any time before maturity with the consent of the holders
5 thereof. All such bonds shall be payable solely from the
6 revenues or income to be derived from the fairs, expositions,
7 exhibitions, rentals and leases and other authorized
8 activities operated by it, and from funds, if any, received
9 and to be received by the Authority from any other source.
10 Such bonds may bear such date or dates, may mature at such
11 time or times not exceeding 40 forty years from their
12 respective dates, may bear interest at such rate or rates,
13 not exceeding the maximum rate permitted by the Bond
14 Authorization Act "An Act to authorize public corporations to
15 issue bonds, other evidences of indebtedness and tax
16 anticipation warrants subject to interest rate limitations
17 set forth therein", approved May 26, 1970, as amended, may be
18 in such form, may carry such registration privileges, may be
19 executed in such manner, may be payable at such place or
20 places, may be made subject to redemption in such manner and
21 upon such terms, with or without premium as is stated on the
22 face thereof, may be executed in such manner, and may contain
23 such terms and covenants, all as may be provided in said
24 ordinance. In case any officer whose signature appears on any
25 bond ceases (after attaching his signature) to hold office,
26 his signature shall nevertheless be valid and effective for
27 all purposes. The holder or holders of any bonds, or interest
28 coupons appertaining thereto issued by the Authority may
29 bring suits at law or proceedings in equity to compel the
30 performance and observance by the Authority or any of its
31 officers, agents or employees of or any contract or covenant
32 made by the Authority with the holders of such bonds or
33 interest coupons, and to compel the Authority or and any of
34 its officers, agents or employees to perform any duties
-681- LRB9000879DJcd
1 required to be performed for the benefit of the holders of
2 any such bonds or interest coupons by the provisions of the
3 ordinance authorizing their issuance, and to enjoin the
4 Authority and any of its officers, agents or employees from
5 taking any action in conflict with any such contract or
6 covenant.
7 Notwithstanding the form and tenor of any such bonds and
8 in the absence of any express recital on the face thereof
9 that it is non-negotiable, all such bonds shall be negotiable
10 instruments under the Uniform Commercial Code.
11 From and after the issuance of any bonds as herein
12 provided it shall be the duty of the corporate authorities of
13 the Authority to fix and establish rates, charges, rents, and
14 fees for the use of facilities acquired, constructed,
15 reconstructed, extended or improved with the proceeds of the
16 sale of said bonds sufficient at all times, with other
17 revenues of the Authority, to pay:
18 (a) the cost of maintaining, repairing, regulating and
19 operating the said facilities; and
20 (b) the bonds and interest thereon as they shall become
21 due, and all sinking fund requirements and other requirements
22 provided by the ordinance authorizing the issuance of the
23 bonds or as provided by any trust agreement executed to
24 secure payment thereof.
25 To secure the payment of any or all of such bonds and for
26 the purpose of setting forth the covenants and undertakings
27 of the Authority in connection with the issuance thereof and
28 the issuance of any additional bonds payable from such
29 revenue income to be derived from the fairs, recreational,
30 theatrical, and cultural, expositions, sports sport
31 activities, exhibitions, office rentals, and air space leases
32 and rentals, and from other revenue, if any, the Authority
33 may execute and deliver a trust agreement or agreements;
34 provided that no lien upon any physical property of the
-682- LRB9000879DJcd
1 Authority shall be created thereby.
2 A remedy for any breach or default of the terms of any
3 such trust agreement by the Authority may be by mandamus
4 proceedings in any court of competent jurisdiction to compel
5 performance and compliance therewith, but the trust agreement
6 may prescribe by whom or on whose behalf such action may be
7 instituted.
8 Before any such bonds (excepting refunding bonds) are
9 sold, the entire authorized issue, or any part thereof, shall
10 be offered for sale as a unit after advertising for bids at
11 least 3 three times in a daily newspaper of general
12 circulation published in the metropolitan area, the last
13 publication to be at least 10 ten days before bids are
14 required to be filed. Copies of such advertisement may be
15 published in any newspaper or financial publication in the
16 United States. All bids shall be sealed, filed and opened as
17 provided by ordinance and the bonds shall be awarded to the
18 highest and best bidder or bidders therefor. The Authority
19 shall have the right to reject all bids and to readvertise
20 for bids in the manner provided for in the initial
21 advertisement. However, if no bids are received such bonds
22 may be sold at not less than par value, without further
23 advertising, within 60 days after the bids are required to be
24 filed pursuant to any advertisement.
25 (Source: P.A. 83-1456.)
26 (70 ILCS 270/3-12) (from Ch. 85, par. 3612)
27 Section 2-55. Bonds; nature of indebtedness. Sec. 3-12.
28 Under no circumstances shall any bonds issued by the
29 Authority be or become an indebtedness or obligation of the
30 State of Illinois or of any other political subdivision of or
31 municipality within the State, nor shall any such bond or
32 obligation be or become an indebtedness of the Authority
33 within the purview of any constitutional limitation or
-683- LRB9000879DJcd
1 provision, and it shall be plainly stated on the face of each
2 such bond that it does not constitute such an indebtedness or
3 obligation but is payable solely from the revenues or income
4 as provided in this Article aforesaid.
5 (Source: P.A. 83-1456.)
6 (70 ILCS 270/3-13) (from Ch. 85, par. 3613)
7 Section 2-60. Investment in bonds. Sec. 3-13. The State
8 and all counties, cities, villages, incorporated towns and
9 other municipal corporations, political subdivisions and
10 public bodies, and public officers of any thereof;, all
11 banks, bankers, trust companies, savings banks and
12 institutions, building and loan associations, savings and
13 loan associations, investment companies and other persons
14 carrying on an insurance business; and all executors,
15 administrators, guardians, trustees and other fiduciaries may
16 legally invest any sinking funds, moneys or other funds
17 belonging to them or within their control in any bonds issued
18 pursuant to this Article Act, it being the purpose of this
19 Section to authorize the investment in such bonds of all
20 sinking, insurance, retirement, compensation, pension and
21 trust funds, whether owned or controlled by private or public
22 persons or officers; provided, however, that nothing
23 contained in this Section may be construed as relieving any
24 person from any duty of exercising reasonable care in
25 selecting securities for investment.
26 (Source: P.A. 83-1456.)
27 (70 ILCS 270/3-14) (from Ch. 85, par. 3614)
28 Section 2-65. Bonds other than revenue bonds. Sec. 3-14.
29 No bonds, other than revenue bonds issued pursuant to Section
30 2-50 3-11, shall be issued by the Authority until the
31 proposition to issue the bonds same has been submitted to and
32 approved by a majority of the voters of the said metropolitan
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1 area voting upon the proposition at a general election in
2 accordance with the general election law. The Authority may
3 by resolution order the such proposition submitted at a
4 regular election in accordance with the general election law,
5 whereupon the recording officer shall certify the resolution
6 and the proposition to the proper election officials for
7 submission. Any proposition to issue bonds under this
8 Section as herein set forth shall be in substantially the
9 following form:
10 Shall bonds of the (name of Authority) "Elgin YES
11 Metropolitan Exposition, Auditorium and Office Building
12 Authority" to the amount of $(amount) ..... Dollars ($
13 ) be issued for the purpose of (state purpose) ....? NO
14 The votes shall be recorded as "Yes" or "No".
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/3-15) (from Ch. 85, par. 3615)
17 Section 2-70. Tax. Sec. 3-15. If a majority of the
18 voters of the said metropolitan area approve the issuance of
19 bonds as provided in Section 2-65 3-14 of this Act, the
20 Authority shall have power to levy and collect annually a sum
21 sufficient to pay for the annual principal and interest
22 charges on such bonds.
23 Such taxes proposed by the Authority to be levied upon
24 the taxable property within the metropolitan area shall be
25 levied by ordinance. After the ordinance has been adopted it
26 shall, within 10 days after its passage, be published once in
27 a newspaper published and having a general circulation within
28 the metropolitan area. A certified copy of such levy
29 ordinance shall be filed with the county clerk no later than
30 the 3rd Tuesday in September in each year. Upon the filing of
31 the ordinance Thereupon the county clerk shall extend such
32 tax; provided the aggregate amount of taxes levied for any
33 one year shall not exceed the rate of .0005% of the full fair
-685- LRB9000879DJcd
1 cash value of the taxable property in the metropolitan area,
2 as equalized or assessed by the Department of Revenue.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/3-16) (from Ch. 85, par. 3616)
5 Section 2-75. Board members; financial matters; conflict
6 of interest. Sec. 3-16. * * * (nonstandard provisions
7 contained in Section 85-15) * * * The members of the Board
8 shall serve without compensation, but shall be reimbursed for
9 actual expenses incurred by them in the performance of their
10 duties.
11 No member of the Board or employee of the Authority shall
12 have any private financial interest, profit or benefit in any
13 contract, work or business of the Authority or nor in the
14 sale or lease of any property to or from the Authority.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/3-17) (from Ch. 85, par. 3617)
17 Section 2-80. Board members' oath. Sec. 3-17. * * *
18 (nonstandard provisions contained in Section 85-20) * * *
19 Within 30 days after certification of his appointment, and
20 before entering upon the duties of his office, each member of
21 the Board shall take and subscribe the constitutional oath of
22 office and file it in the office of the Secretary of State.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/3-18) (from Ch. 85, par. 3618)
25 Section 2-85. Board members; vacancy in office. Sec.
26 3-18. Members of the Board shall hold office until their
27 respective successors have been appointed and qualified. Any
28 member may resign from his office; the resignation takes to
29 take effect when the member's his successor has been
30 appointed and has qualified.
31 Section 2-83. Removal of Board member from office. The
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1 appointing officer may remove any member of the Board
2 appointed by the officer him, in case of incompetency,
3 neglect of duty, or malfeasance in office, after service on
4 the member him, by registered United States mail, return
5 requested, of a copy of the written charges against the
6 member him and an opportunity to be publicly heard in person
7 or by counsel in the member's his own defense upon not less
8 than 10 days' notice.
9 (Section 2-85 resumed)
10 In case of failure to qualify within the time required,
11 or of abandonment of his office, or in case of death,
12 conviction of a felony or removal from office, a member's his
13 office shall become vacant. Each vacancy shall be filled for
14 the unexpired term by appointment in like manner, as in case
15 of expiration of the term of a member of the Board.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/3-19) (from Ch. 85, par. 3619)
18 Section 2-90. Organization of the Board. Sec. 3-19. As
19 soon as practicably possible after the appointment of the
20 initial members, the Board shall organize for the transaction
21 of business, select a chairman and a temporary secretary from
22 its own number, and adopt by-laws and regulations to govern
23 its proceedings. The initial chairman and his successors
24 shall be elected by the Board from time to time for the term
25 of the chairman's his office as a member of the Board or for
26 the term of 3 years, whichever is shorter.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/3-20) (from Ch. 85, par. 3620)
29 Section 2-96. Meetings; action by 4 Board members. Sec.
30 3-20. Regular meetings of the Board shall be held at least
31 once in each calendar month, the time and place of such
32 meetings to be fixed by the Board.
-687- LRB9000879DJcd
1 Four members of the Board shall constitute a quorum for
2 the transaction of business. All actions of the Board shall
3 be by ordinance or resolution and the affirmative vote of at
4 least 4 members shall be necessary for the adoption of any
5 ordinance or resolution.
6 All ordinances, resolutions and all proceedings of the
7 Authority and all documents and records in its possession
8 shall be public records, and open to public inspection,
9 except such documents and records as shall be kept or
10 prepared by the Board for use in negotiations, actions action
11 or proceedings to which the Authority is a party.
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/3-21) (from Ch. 85, par. 3621)
14 Section 2-100. Secretary; treasurer. Sec. 3-21. The
15 Board shall appoint a secretary and a treasurer, who need not
16 be members of the Board, to hold office during the pleasure
17 of the Board, and shall fix their duties and compensation.
18 Before entering upon the duties of their respective offices
19 they shall take and subscribe the constitutional oath of
20 office, and the treasurer shall execute a bond with corporate
21 sureties to be approved by the Board. The bond shall be
22 payable to the Authority in whatever penal sum may be
23 directed upon the faithful performance of the duties of the
24 office and the payment of all money received by the treasurer
25 him according to law and the orders of the Board. The Board
26 may, at any time, require a new bond from the treasurer in a
27 such penal sum as may then be determined by the Board. The
28 obligation of the sureties shall not extend to any loss
29 sustained by the insolvency, failure or closing of any
30 national or state bank wherein the treasurer has deposited
31 funds if the bank has been approved by the Board as a
32 depositary for those these funds. The oaths of office and
33 the treasurer's bond shall be filed in the principal office
-688- LRB9000879DJcd
1 of the Authority.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/3-22) (from Ch. 85, par. 3622)
4 Section 85-25. Funds; compliance with Public Funds
5 Investment Act. Sec. 3-22. * * * (nonstandard provisions
6 contained in Section 85-25) * * *
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/3-23) (from Ch. 85, par. 3623)
9 Section 2-110. Signatures on checks or drafts. Sec.
10 3-23. In case any officer whose signature appears upon any
11 check or draft, issued pursuant to this Article Act, ceases
12 (after attaching his signature) to hold his office after
13 attaching his or her signature and before the delivery of the
14 check or draft thereof to the payee, that his signature
15 nevertheless shall be valid and sufficient for all purposes
16 with the same effect as if the officer he had remained in
17 office until delivery.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/3-24) (from Ch. 85, par. 3624)
20 Section 2-115. General manager; other appointments. Sec.
21 3-24. The Board may appoint a general manager who shall be a
22 person of recognized ability and business experience, to
23 hold office during the pleasure of the Board. The general
24 manager shall have management of the properties and business
25 of the Authority and of the employees thereof subject to the
26 general control of the Board, shall direct the enforcement of
27 all ordinances, resolutions, rules and regulations of the
28 Board, and shall perform such other duties as may be
29 prescribed from time to time by the Board.
30 The Board may appoint a general attorney and a chief
31 engineer and shall provide for the appointment of such other
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1 officers, attorneys, engineers, planners, consultants, agents
2 and employees as may be necessary. The Board It shall define
3 their duties and require bonds of such of them as the Board
4 may designate.
5 The general manager, general attorney, chief engineer,
6 and all other officers provided for pursuant to this Section
7 shall be exempt from taking and subscribing any oath of
8 office and shall not be members of the Board.
9 The compensation of the general manager, general
10 attorney, chief engineer, and all other officers, attorneys,
11 planners, consultants, agents and employees shall be fixed by
12 the Board.
13 (Source: P.A. 83-1456.)
14 (70 ILCS 270/3-25) (from Ch. 85, par. 3625)
15 Section 2-122. Rules and regulations; penalties. Sec.
16 3-25. The Board shall have power to make all rules and
17 regulations proper or necessary to carry into effect the
18 powers granted to the Authority, with such penalties as may
19 be deemed proper.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/3-26) (from Ch. 85, par. 3626)
22 Section 2-125. Contracts; award to other than highest or
23 lowest bidder by vote of 5 Board members. Sec. 3-26. All
24 contracts for the sale of property of the value of more than
25 $2,500 or for a concession in or lease of property, including
26 air rights, of the Authority for a term of more than one year
27 shall be awarded to the highest responsible bidder, after
28 advertising for bids. All construction contracts and
29 contracts for supplies, materials, equipment and services,
30 when the expense thereof will exceed $2,500, shall be let to
31 the lowest responsible bidder, after advertising for bids,
32 excepting (1) when repair parts, accessories, equipment or
-690- LRB9000879DJcd
1 services are required for equipment or services previously
2 furnished or contracted for; (2) when the nature of the
3 services required is such that competitive bidding is not in
4 the best interest of the public, including, without limiting
5 the generality of the foregoing, the services of accountants,
6 architects, attorneys, engineers, physicians, superintendents
7 of construction, and others possessing a high degree of
8 skill; and (3) when services such as water, light, heat,
9 power, telephone or telegraph are required.
10 All contracts involving less than $2,500 shall be let by
11 competitive bidding to the lowest responsible bidder whenever
12 possible, and in any event in a manner calculated to ensure
13 insure the best interests of the public. Competitive bidding
14 is not required for the lease of real estate or buildings
15 owned or controlled by the Authority. The Board is empowered
16 to offer such leases upon such terms as it deems advisable.
17 In determining the responsibility of any bidder, the
18 Board may take into account the past record of dealings with
19 the bidder, the bidder's experience, adequacy of equipment,
20 and ability to complete performance within the time set, and
21 other factors besides financial responsibility, but in no
22 case shall any such contracts be awarded to any other than
23 the highest bidder (in case of sale, concession or lease) or
24 the lowest bidder (in case of purchase or expenditure) unless
25 authorized or approved by a vote of at least 5 members of the
26 Board, and unless such action is accompanied by a statement
27 in writing setting forth the reasons for not awarding the
28 contract to the highest or lowest bidder, as the case may be,
29 which statement shall be kept on file in the principal office
30 of the Authority and open to public inspection.
31 Members of the Board, officers and employees of the
32 Authority, and their relatives within the fourth degree of
33 consanguinity by the terms of the civil law, are forbidden to
34 be interested directly or indirectly in any contract for
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1 construction or maintenance work or for the delivery of
2 materials, supplies or equipment.
3 The Board shall have the right to reject all bids and to
4 readvertise for bids. If after any such advertisement no
5 responsible and satisfactory bid, within the terms of the
6 advertisement, shall be received, the Board may award such
7 contract, without competitive bidding, provided that it shall
8 not be less advantageous to the Authority than any valid bid
9 received pursuant to advertisement.
10 The Board shall adopt rules and regulations to carry into
11 effect the provisions of this Section.
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/3-27) (from Ch. 85, par. 3627)
14 Section 2-130. Bids and advertisements. Advertisements
15 Sec. 3-27. Advertisement for bids shall be published at
16 least twice in a daily newspaper of general circulation
17 published in the metropolitan area, the last publication to
18 be at least 10 calendar days before the time for receiving
19 bids, and such advertisements shall also be posted on readily
20 accessible bulletin boards in the principal office of the
21 Authority. Such advertisements shall state the time and
22 place for receiving and opening of bids, and, by reference to
23 plans and specifications on file at the time of the first
24 publication, or in the advertisement itself, shall describe
25 the character of the proposed contract in sufficient detail
26 to fully advise prospective bidders of their obligations and
27 to ensure insure free and open competitive bidding.
28 All bids in response to advertisements shall be sealed
29 and shall be publicly opened by the Board, and all bidders
30 shall be entitled to be present in person or by
31 representatives. Cash or a certified or satisfactory
32 cashier's check, as a deposit of good faith, in a reasonable
33 amount to be fixed by the Board before advertising for bids,
-692- LRB9000879DJcd
1 shall be required with the proposal of each bidder. Bond for
2 faithful performance of the contract with surety or sureties
3 satisfactory to the Board and adequate insurance may be
4 required in reasonable amounts to be fixed by the Board
5 before advertising for bids.
6 The contract shall be awarded as promptly as possible
7 after the opening of bids. The bid of the successful bidder,
8 as well as the bids of the unsuccessful bidders, shall be
9 placed on file and be open to public inspection. All bids
10 shall be void if any disclosure of the terms of any bid in
11 response to an advertisement is made or permitted to be made
12 by the Board before the time fixed for opening bids.
13 * * * (nonstandard provisions contained in Section 85-30)
14 * * *
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/3-28) (from Ch. 85, par. 3628)
17 Section 2-135. Report and financial statement. Sec.
18 3-28. As soon after the end of each fiscal year as may be
19 expedient, the Board shall cause to be prepared and printed a
20 complete and detailed report and financial statement of its
21 operations and of its assets and liabilities. A reasonably
22 sufficient number of copies of such report shall be printed
23 for distribution to persons interested, upon request and a
24 copy thereof shall be filed with the county clerk and the
25 appointing officers.
26 (Source: P.A. 83-1456.)
27 (70 ILCS 270/3-29) (from Ch. 85, par. 3629)
28 Section 2-150. Tax exemption. Sec. 3-29. All property
29 of the Authority shall be exempt from taxation by the State
30 or any taxing unit therein.
31 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/3-30) (from Ch. 85, par. 3630)
2 Section 2-140. State financial report. Sec. 3-30. The
3 Authority created by this Article Act shall receive financial
4 support from the State in the amounts provided for in Section
5 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/3-31) (from Ch. 85, par. 3631)
8 Section 2-145. Antitrust laws. Sec. 3-31. The Authority
9 is hereby expressly made the beneficiary of the provisions of
10 Section 1 of the Local Government Antitrust Exemption Act "An
11 Act to make explicit the authorization for units of local
12 government and certain other governmental bodies to act as
13 permitted by statute or the Illinois Constitution,
14 notwithstanding effects on competition", amendatory veto
15 overridden November 3, 1983, and the General Assembly intends
16 that the "State action exemption" to the application of the
17 federal antitrust anti-trust laws be fully available to the
18 Authority to the extent its activities are either (1)
19 expressly or by necessary implication authorized by this
20 Article Act or other Illinois law, or (2) within traditional
21 areas of local governmental activity.
22 (Source: P.A. 83-1456.)
23 PART 90. FOREST PARK CIVIC CENTER
24 (70 ILCS 275/3001) (from Ch. 85, par. 7401)
25 Section 90-1. Sec. 3001. Short title. * * * (nonstandard
26 provisions contained in Section 90-1) * * *
27 (Source: P.A. 86-1414.)
28 (70 ILCS 275/3002) (from Ch. 85, par. 7402)
29 Section 2-3. Sec. 3002. Purpose. The purpose of this
30 Article is to accomplish the aims of the State of Illinois to
31 enhance the ability of its citizens to avail themselves of
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1 civic and cultural centers geographically situated throughout
2 the entire State of Illinois.
3 (Source: P.A. 86-1414.)
4 (70 ILCS 275/3003) (from Ch. 85, par. 7403)
5 Section 2-5. Sec. 3003. Definitions. In this Article:
6 * * * (nonstandard provisions contained in Section 90-5)
7 * * *
8 "Governmental agency" means the federal government, the
9 State, and any unit of local government or school district
10 governmental body, and together with any agency or
11 instrumentality of their agencies or instrumentalities,
12 corporate or otherwise thereof.
13 "Person" means any individual, firm, partnership,
14 domestic or foreign corporation, company, association, or
15 joint stock association; and includes any trustee, receiver,
16 assignee of their trustees, receivers, assignees, or personal
17 representative thereof representatives.
18 * * * (nonstandard provisions contained in Section 90-5)
19 * * *
20 (Source: P.A. 86-1414.)
21 (70 ILCS 275/3004) (from Ch. 85, par. 7404)
22 Section 2-10. Lawsuits; common seal. Sec. 3004. Creation
23 of Authority. * * * (nonstandard provisions contained in
24 Section 90-10) * * *
25 (a) (b) The Authority may sue and be sued in its
26 corporate name, but execution shall not in any case issue
27 against any property of the Authority.
28 (b) The Authority It may adopt a common seal and change
29 the same seal at its pleasure. * * * (nonstandard provisions
30 contained in Section 90-10) * * *
31 (Source: P.A. 86-1414.)
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1 (70 ILCS 275/3005) (from Ch. 85, par. 7405)
2 Section 2-15. Sec. 3005. Duties; auditorium,
3 recreational, and other buildings; lease of space. It shall
4 be the duty of the Authority to shall promote, operate, and
5 maintain expositions, conventions, and theatrical, sports,
6 and cultural activities from time to time in the metropolitan
7 area and. in connection therewith to with its duties, the
8 Authority shall arrange, finance, and maintain industrial,
9 cultural, educational, theatrical, sports, trade, and
10 scientific exhibits and to shall construct, equip, and
11 maintain auditorium, exposition, recreational, and office
12 buildings for such those purposes.
13 The provision of Providing office space for lease and
14 rental and the lease of leasing air space over and
15 appurtenant to such those structures shall be deemed an are
16 integral function functions of the Authority.
17 The Authority is granted all rights and powers necessary
18 to perform such its duties.
19 (Source: P.A. 86-1414.)
20 (70 ILCS 275/3006) (from Ch. 85, par. 7406)
21 Section 90-12. Sec. 3006. Powers. * * * (nonstandard
22 provisions contained in Section 90-12) * * *
23 (Source: P.A. 86-1414.)
24 (70 ILCS 275/3007) (from Ch. 85, par. 7407)
25 Section 2-25. Sec. 3007. Incurring obligations. The
26 Authority shall not incur any obligations for salaries or for
27 office or administrative expenses except within the amounts
28 of funds that will be available to it when such those
29 obligations become payable.
30 (Source: P.A. 86-1414.)
31 (70 ILCS 275/3008) (from Ch. 85, par. 7408)
-696- LRB9000879DJcd
1 Section 2-35. Sec. 3008. Acquisition of property from
2 person, State, or local agency; State money. The Authority
3 shall have has the power (i) to acquire and accept by
4 purchase, lease, gift, or otherwise any property or rights
5 useful for the Authority's purposes from any person or
6 persons, from any municipal corporation, body politic, or
7 agency of the State, or from the State itself, useful for its
8 purposes, (ii) to apply for and accept grants, matching
9 grants, loans, or appropriations from the State of Illinois
10 or any agency or instrumentality thereof of the State to be
11 used for any of the purposes of the Authority, and (iii) to
12 enter into any agreement with the State of Illinois in
13 relation to such those grants, matching grants, loans, or
14 appropriations.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 275/3009) (from Ch. 85, par. 7409)
17 Section 2-40. Sec. 3009. Federal money. The Authority
18 shall have has the power (i) to apply for and accept grants,
19 matching grants, loans, or appropriations from the federal
20 government or any agency or instrumentality thereof of the
21 federal government to be used for any of the purposes of the
22 Authority and (ii) to enter into any agreement with the
23 federal government in relation to such those grants, matching
24 grants, loans, or appropriations.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 275/3010) (from Ch. 85, par. 7410)
27 Section 2-45. Sec. 3010. Insurance. The Authority shall
28 have has the power to procure and enter into contracts for
29 any type of insurance and indemnity against loss or damage to
30 property from any cause, against loss of use and occupancy,
31 against employers' liability, against any act of any member,
32 officer, or employee of the Board or Authority in the
-697- LRB9000879DJcd
1 performance of the duties of the his or her office or
2 employment, and against any other insurable risk.
3 (Source: P.A. 86-1414.)
4 (70 ILCS 275/3011) (from Ch. 85, par. 7411)
5 Section 2-50. Sec. 3011. Borrowing; revenue bonds; suits
6 to compel performance. (a) The Authority shall have has
7 continuing power to borrow money for the purpose of carrying
8 out and performing its duties and exercising its powers under
9 this Article.
10 (b) For the purpose of evidencing the obligation of the
11 Authority to repay any money so borrowed as aforesaid, the
12 Authority may, pursuant to an ordinance adopted by the Board,
13 from time to time issue and dispose of its interest bearing
14 revenue bonds, and may also from time to time issue and
15 dispose of its interest bearing revenue bonds to refund any
16 bonds at maturity or pursuant to redemption provisions or at
17 any time before maturity with the consent of the holders
18 thereof of the bonds. All such the bonds shall be payable
19 solely from the revenues or income to be derived from the
20 fairs, expositions, exhibitions, rentals and, leases, and
21 other authorized activities operated by it, and from funds,
22 if any, received and to be received by the Authority from any
23 other source. Such The bonds (i) may bear such a date or
24 dates, (ii) may mature at such a time or times not exceeding
25 40 years from their respective dates, (iii) may bear interest
26 at such a rate or rates not exceeding the maximum rate
27 permitted by the Bond Authorization Act, (iv) may be in such
28 a form, (v) may carry such registration privileges, (vi) may
29 be executed in such a manner, (vii) may be payable at such a
30 place or places, (viii) may be made subject to redemption in
31 such a manner and upon such terms, with or without premium as
32 is stated on the face thereof of the bonds, (ix) may be
33 executed in such a manner, and (x) may contain such terms and
-698- LRB9000879DJcd
1 covenants, all as may be provided in said the ordinance
2 authorizing the issuance of the bonds. In case any officer
3 whose signature appears on any bond ceases (after attaching
4 his signature) to hold office after attaching his or her
5 signature, his that signature shall nevertheless be valid and
6 effective for all purposes. The holder or holders of any
7 bonds or bond interest coupons appertaining thereto issued by
8 the Authority may bring suits at law or proceedings in equity
9 (i) to compel the performance and observance by the Authority
10 or any of its officers, agents, or employees of any contract
11 or covenant made by the Authority with the holders of such
12 those bonds or interest coupons, (ii) to compel the Authority
13 or any of its officers, agents, or employees to perform any
14 duties required to be performed for the benefit of the
15 holders of any such of those bonds or interest coupons by the
16 provisions of the ordinance authorizing their issuance, and
17 (iii) to enjoin the Authority and any of its officers,
18 agents, or employees from taking any action in conflict with
19 any such the contract or covenant.
20 (c) Notwithstanding the form and tenor of any such bonds
21 bond and in the absence of any express recital on the face
22 thereof of the bond that it is non-negotiable nonnegotiable,
23 all such bonds shall be negotiable instruments under the
24 Uniform Commercial Code.
25 (d) From and after the issuance of any bonds as herein
26 provided in this Section it shall be the duty of the
27 corporate authorities of the Authority Board to fix and
28 establish rates, charges, rents, and fees for the use of
29 facilities acquired, constructed, reconstructed, extended, or
30 improved with the proceeds of the sale of said those bonds
31 that are sufficient at all times, with other revenues of the
32 Authority, to pay:
33 (a) (i) the cost of maintaining, repairing, regulating,
34 and operating the said those facilities; and
-699- LRB9000879DJcd
1 (b) (ii) the bonds principal of and interest thereon on
2 the bonds as they shall become due, and all sinking fund
3 requirements and other requirements provided by the ordinance
4 authorizing the issuance of the bonds or as provided by any
5 trust agreement executed to secure payment thereof of the
6 bonds.
7 (e) To secure the payment of any or all of such bonds
8 and for the purpose of setting forth the covenants and
9 undertakings of the Authority in connection with the issuance
10 thereof of the bonds and the issuance of any additional bonds
11 payable from such the revenue income to be derived from the
12 fairs, recreational, theatrical, and cultural expositions,
13 sports activities, exhibitions, office rentals, and air space
14 leases and rentals, and from other revenue, if any, the
15 Authority may execute and deliver a trust agreement or
16 agreements; provided that, but no lien upon any physical
17 property of the Authority shall be created thereby by a trust
18 agreement.
19 (f) A remedy for any breach or default by the Authority
20 of the terms of any such a trust agreement by the Authority
21 may be by mandamus proceedings in any court of competent
22 jurisdiction to compel performance and compliance therewith,
23 but the trust agreement may prescribe by whom or on whose
24 behalf such the action may be instituted.
25 (g) Before any such bonds (excepting refunding bonds)
26 are sold, the entire authorized issue, or any part thereof of
27 that issue, shall be offered for sale as a unit after
28 advertising for bids at least 3 times in a daily newspaper of
29 general circulation published in the metropolitan area, the
30 last publication to be at least 10 days before bids are
31 required to be filed. Copies of such the advertisement may
32 be published in any newspaper or financial publication in the
33 United States. All bids shall be sealed, filed, and opened
34 as provided by ordinance, and the bonds shall be awarded to
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1 the highest and best bidder or bidders therefor. The
2 Authority shall have the right to reject all bids and to
3 readvertise for bids in the manner provided for in the
4 initial advertisement. However, if no bids are received such,
5 however, the bonds may be sold at not less than par value,
6 without further advertising, within 60 days after the bids
7 are required to be filed pursuant to under any advertisement.
8 (Source: P.A. 86-1414.)
9 (70 ILCS 275/3012) (from Ch. 85, par. 7412)
10 Section 2-55. Bonds; nature of Sec. 3012. Limitation on
11 indebtedness. Under no circumstances shall any bonds issued
12 by the Authority be or become an indebtedness or obligation
13 of the State of Illinois or of any political subdivision of
14 or municipality within the State, nor shall any such bond or
15 obligation be or become an indebtedness of the Authority
16 within the purview of any constitutional limitation or
17 provision, and. it shall be plainly stated on the face of
18 each such bond that it does not constitute such an
19 indebtedness or obligation but is payable solely from the
20 revenues or income as provided in this Article.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 275/3013) (from Ch. 85, par. 7413)
23 Section 2-60. Sec. 3013. Investment in bonds. The State
24 and, all counties, cities, villages, incorporated towns and,
25 other municipal corporations, political subdivisions, and
26 public bodies, and any of their public officers of any
27 thereof;, all banks, bankers, trust companies, savings banks
28 and institutions, building and loan associations, savings and
29 loan associations, investment companies, and other persons
30 carrying on an insurance business;, and all executors,
31 administrators, guardians, trustees, and other fiduciaries
32 may legally invest any sinking funds, moneys, or other funds
-701- LRB9000879DJcd
1 belonging to them or within their control in any bonds issued
2 pursuant to under this Article, it being the purpose of this
3 Section to authorize the investment in such those bonds of
4 all sinking, insurance, retirement, compensation, pension,
5 and trust funds, whether owned or controlled by private or
6 public persons or officers; provided, however, that. nothing
7 contained in this Section may be construed as relieving,
8 however, relieves any person from any duty of exercising
9 reasonable care in selecting securities for investment.
10 (Source: P.A. 86-1414.)
11 (70 ILCS 275/3014) (from Ch. 85, par. 7414)
12 Section 2-75. Sec. 3014. Creation of the Board members;
13 financial matters; conflict of interest. * * * (nonstandard
14 provisions contained in Section 90-15) * * * The members of
15 the Board shall serve without compensation, but shall be
16 reimbursed for actual expenses incurred by them in the
17 performance of their duties.
18 No member of the Board or employee of the Authority shall
19 have any private financial interest, profit, or benefit in
20 any contract, work, or business of the Authority or nor in
21 the sale or lease of any property to or from the Authority.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 275/3015) (from Ch. 85, par. 7415)
24 Section 2-80. Board members' oath. Sec. 3015. Members of
25 the Board. * * * (nonstandard provisions contained in Section
26 90-20) * * * Within 30 days after certification of
27 appointment, and before entering upon the duties of office,
28 each member of the Board shall take and subscribe the
29 constitutional oath of office and file it in the office of
30 the Secretary of State.
31 (Source: P.A. 86-1414.)
-702- LRB9000879DJcd
1 (70 ILCS 275/3016) (from Ch. 85, par. 7416)
2 Section 2-85. Board members; Sec. 3016. vacancy in
3 office. Members of the Board shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member may resign from office; the resignation takes to take
6 effect when the member's his or her successor has been
7 appointed and has qualified. * * * (nonstandard provisions
8 contained in Section 90-25) * * *
9 In case of failure to qualify within the time required,
10 abandonment of office, death, conviction of a felony, or
11 removal from office, a member's office shall become vacant.
12 Each vacancy shall be filled for the unexpired term by
13 appointment in like manner as in the case of expiration of
14 the term of a member of the Board.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 275/3017) (from Ch. 85, par. 7417)
17 Section 2-90. Sec. 3017. Organization of the Board. As
18 soon as practicably possible after the appointment of the
19 initial members, the Board shall organize for the transaction
20 of business, select a chairman and a temporary secretary from
21 its own number, and adopt by-laws bylaws and regulations to
22 govern its proceedings. The initial chairman and his or her
23 successors shall be elected by the Board from time to time
24 for the term of the chairman's his or her office as a member
25 of the Board or for the term of 3 years, whichever is
26 shorter.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 275/3018) (from Ch. 85, par. 7418)
29 Section 2-97. Board meetings; public records. Sec. 3018.
30 Meetings; ordinances. Regular meetings of the Board shall be
31 held at least once in each calendar month, the time and place
32 of such the meetings to be fixed by the Board. * * *
-703- LRB9000879DJcd
1 (nonstandard provisions contained in Section 90-30) * * *
2 All ordinances, resolutions, and proceedings of the
3 Authority and all documents and records in its possession
4 shall be public records, and open to public inspection,
5 except such those documents and records as shall be kept or
6 prepared by the Board for use in negotiations, actions, or
7 proceedings to which the Authority is a party.
8 (Source: P.A. 86-1414.)
9 (70 ILCS 275/3019) (from Ch. 85, par. 7419)
10 Section 2-100. Sec. 3019. Secretary; treasurer. The
11 Board shall appoint a secretary and a treasurer, who need not
12 be members of the Board, to hold office during the pleasure
13 of the Board, and shall fix their duties and compensation.
14 Before entering upon the duties of their respective offices,
15 they shall take and subscribe the constitutional oath of
16 office, and the treasurer shall execute a bond with corporate
17 sureties to be approved by the Board. The bond shall be
18 payable to the Authority in whatever penal sum may be
19 directed and shall be conditioned upon the faithful
20 performance of the duties of the office and the payment of
21 all money received by the treasurer according to law and the
22 orders of the Board. The Board may, at any time, require a
23 new bond from the treasurer in a penal sum as may then be
24 determined by the Board. The obligation of the sureties
25 shall not extend to any loss sustained by the insolvency,
26 failure, or closing of any national or state bank wherein the
27 treasurer has deposited funds if the bank has been approved
28 by the Board as a depositary depository for those funds. The
29 oaths of office and the treasurer's bonds shall be filed in
30 the principal office of the Authority.
31 (Source: P.A. 86-1414.)
32 (70 ILCS 275/3020) (from Ch. 85, par. 7420)
-704- LRB9000879DJcd
1 Section 2-105. Sec. 3020. Funds. All funds deposited by
2 the treasurer in any bank shall be placed in the name of the
3 Authority and shall be withdrawn or paid out only by check or
4 draft upon the bank, signed by the treasurer and
5 countersigned by the chairman of the Board. The Board may
6 designate any of its members or any officer or employee of
7 the Authority to affix the signature of the chairman and
8 another to affix the signature of the treasurer to any check
9 or draft for payment of salaries or wages and for payment of
10 any other obligation of not more than $2,500.
11 (Source: P.A. 86-1414.)
12 (70 ILCS 275/3021) (from Ch. 85, par. 7421)
13 Section 2-110. Sec. 3021. Signatures on checks or drafts.
14 In case any officer whose signature appears upon any check or
15 draft issued pursuant to under this Article ceases to hold
16 office after attaching his or her signature and before the
17 delivery of the check or draft to the payee, that signature
18 nevertheless shall be valid and sufficient for all purposes
19 with the same effect as if the officer person had remained in
20 office until delivery.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 275/3022) (from Ch. 85, par. 7422)
23 Section 2-115. Sec. 3022. General manager; other
24 appointments. The Board may appoint a general manager who
25 shall be a person of recognized ability and business
26 experience, to hold office during the pleasure of the Board.
27 The general manager shall have management of the properties
28 and business of the Authority and of the its employees
29 thereof, subject to the general control of the Board, shall
30 direct the enforcement of all ordinances, resolutions, rules,
31 and regulations of the Board, and shall perform such other
32 duties as may be prescribed from time to time by the Board.
-705- LRB9000879DJcd
1 The Board may appoint a general attorney and a chief
2 engineer and shall provide for the appointment of such other
3 officers, attorneys, engineers, planners, consultants,
4 agents, and employees as may be necessary. The Board It shall
5 define their duties and require bonds of such of them as
6 those that the Board may designate.
7 The general manager, general attorney, chief engineer,
8 and all other officers provided for pursuant to under this
9 Section shall be exempt from taking and subscribing any oath
10 of office and shall not be members of the Board.
11 The compensation of the general manager, general
12 attorney, chief engineer, and all other officers, attorneys,
13 planners, consultants, agents, and employees shall be fixed
14 by the Board.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 275/3023) (from Ch. 85, par. 7423)
17 Section 2-122. Sec. 3023. Rules and regulations;
18 penalties. The Board shall have power to may make all rules
19 and regulations that are proper or necessary to carry into
20 effect the powers granted to the Authority, with such
21 penalties for violation as may be deemed proper.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 275/3024) (from Ch. 85, par. 7424)
24 Section 90-35. Sec. 3024. Contracts; award to other than
25 highest or lowest bidder by vote of 3 Board members. * * *
26 (nonstandard provisions contained in Section 90-35) * * *
27 (Source: P.A. 86-1414.)
28 (70 ILCS 275/3025) (from Ch. 85, par. 7425)
29 Section 2-130. Sec. 3025. Bids and advertisements. (a)
30 Advertisements for bids shall be published at least twice in
31 a daily newspaper of general circulation published in the
-706- LRB9000879DJcd
1 metropolitan area, the last publication to be at least 10
2 calendar days before the time for receiving bids, and such
3 the advertisements shall also be posted on readily accessible
4 bulletin boards in the principal office of the Authority.
5 Such advertisements for bids shall state the time and place
6 for receiving and opening bids and, by reference to plans and
7 specifications on file at the time of the first publication,
8 or in the advertisement itself, shall describe the character
9 of the proposed contract in sufficient detail to fully advise
10 prospective bidders of their obligations and to ensure insure
11 free and open competitive bidding.
12 (b) All bids in response to advertisements shall be
13 sealed and shall be publicly opened by the Board, and all
14 bidders shall be entitled to be present in person or by
15 representatives. Cash or a certified or satisfactory
16 cashier's check, as a deposit of good faith, in a reasonable
17 amount to be fixed by the Board before advertising for bids,
18 shall be required with the proposal of each bidder. Bond for
19 faithful performance of the contract with surety or sureties
20 satisfactory to the Board and adequate insurance may be
21 required in reasonable amounts to be fixed by the Board
22 before advertising for bids.
23 (c) The contract shall be awarded as promptly as
24 possible after the opening of bids. The bid of the
25 successful bidder, as well as the bids of the unsuccessful
26 bidders, shall be placed on file and be open to public
27 inspection. All bids shall be void if any disclosure of the
28 terms of any bid in response to an advertisement is made or
29 permitted to be made by the Board before the time fixed for
30 opening bids.
31 Section 2-132. Bidders; civil action to compel
32 compliance. (d) Any bidder who has submitted a bid in
33 compliance with the requirements for bidding may bring a
34 civil action in the circuit court in of the county in which
-707- LRB9000879DJcd
1 the metropolitan area is located to compel compliance with
2 the provisions of this Article relating to the awarding of
3 contracts by the Board.
4 (Source: P.A. 86-1414.)
5 (70 ILCS 275/3026) (from Ch. 85, par. 7426)
6 Section 2-135. Sec. 3026. Report and financial
7 statement. As soon after the end of each fiscal year as may
8 be expedient, the Board shall cause to be prepared and
9 printed a complete and detailed report and financial
10 statement of its operations and of its assets and
11 liabilities. A reasonably sufficient number of copies of
12 such the report shall be printed for distribution to persons
13 interested upon request, and a copy thereof of the report
14 shall be filed with the county clerk and the appointing
15 officers.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 275/3027) (from Ch. 85, par. 7427)
18 Section 2-140. State financial Sec. 3027. Civic Center
19 support. The Authority created by this Article shall receive
20 financial support from the State in the amounts provided for
21 in Section 4 of the Metropolitan Civic Center Support Act.
22 (Source: P.A. 86-1414.)
23 (70 ILCS 275/3028) (from Ch. 85, par. 7428)
24 Section 2-145. Anti-trust Sec. 3028. Antitrust laws.
25 The Authority is expressly made the beneficiary of the
26 provisions of Section 1 of the Local Government Anti-trust
27 Exemption Act "An Act to make explicit the authorization for
28 units of local government and certain other governmental
29 bodies to act as permitted by statute or the Illinois
30 Constitution, notwithstanding effects on competition",
31 amendatory veto overridden November 3, 1983, and the General
-708- LRB9000879DJcd
1 Assembly intends that the "State action exemption" to the
2 application of the federal anti-trust laws be fully available
3 to the Authority to the extent its activities are either (1)
4 (i) expressly or by necessary implication authorized by this
5 Article or other Illinois law or (2) (ii) within traditional
6 areas of local governmental activity.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 275/3029) (from Ch. 85, par. 7429)
9 Section 2-150. Sec. 3029. Tax exemption. All property
10 of the Authority shall be exempt from taxation by the State
11 or any taxing unit therein within the State.
12 (Source: P.A. 86-1414.)
13 (70 ILCS 275/3030) (from Ch. 85, par. 7430)
14 Section 2-30. Sec. 3030. Prompt payment. Purchases made
15 under this Article shall be made in compliance with the Local
16 Government Prompt Payment Act.
17 (Source: P.A. 86-1414.)
18 PART 95. HERRIN CIVIC CENTER
19 (70 ILCS 280/1-1) (from Ch. 85, par. 2701)
20 Section 2-3. Purpose. Sec. 1-1. The purpose of this
21 Article Act is to accomplish the aims of the State of
22 Illinois to enhance the ability of its citizens to avail
23 themselves of civic and cultural centers geographically
24 situated throughout the entire State of Illinois.
25 (Source: P.A. 83-911.)
26 (70 ILCS 280/1-2) (from Ch. 85, par. 2702)
27 Section 95-1. Short title. Sec. 1-2. * * *(nonstandard
28 provisions contained in Section 95-1)* * *
29 (Source: P.A. 83-1451.)
-709- LRB9000879DJcd
1 (70 ILCS 280/1-3) (from Ch. 85, par. 2703)
2 Section 2-5. Definitions. Sec. 1-3. When used In this
3 Article Act:
4 * * *(nonstandard provisions contained in Section 95-5)*
5 * *
6 "Governmental agency" means the federal government, the
7 State, and any unit of local government or school district
8 governmental body, and any agency or instrumentality,
9 corporate or otherwise, thereof.
10 "Person" means any individual, firm, partnership,
11 corporation, both domestic and foreign, company, association
12 or joint stock association; and includes any trustee,
13 receiver, assignee or personal representative thereof.
14 * * *(nonstandard provisions contained in Section 95-5)* * *
15 (Source: P.A. 83-1451.)
16 (70 ILCS 280/1-4) (from Ch. 85, par. 2704)
17 Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
18 *(nonstandard provisions contained in Section 95-10)* * *
19 (a) The Authority may sue and be sued in its corporate
20 name but execution shall not in any case issue against any
21 property of the Authority.
22 (b) The Authority It may adopt a common seal and change
23 the same at its pleasure. * * *(nonstandard provisions
24 contained in Section 95-10)* * *
25 (Source: P.A. 83-1451.)
26 (70 ILCS 280/1-5) (from Ch. 85, par. 2705)
27 Section 2-16. Duties; auditorium and other buildings;
28 lease of space. Sec. 1-5. It shall be the duty of the
29 Authority to promote, operate and maintain expositions,
30 conventions, and theatrical, sports and cultural activities
31 from time to time in the metropolitan area and in connection
32 therewith to arrange, finance and maintain industrial,
-710- LRB9000879DJcd
1 cultural, educational, theatrical, sports, trade and
2 scientific exhibits and to construct, equip and maintain
3 auditorium, exposition and office buildings for such
4 purposes.
5 The provision of office space for rental and lease and
6 rental and the lease of air space over and appurtenant to
7 such structures shall be deemed an integral function of the
8 Authority.
9 The Authority is granted all rights and powers necessary
10 to perform such duties.
11 (Source: P.A. 83-911.)
12 (70 ILCS 280/1-6) (from Ch. 85, par. 2706)
13 Section 2-20. Rights and powers, including eminent
14 domain. Sec. 1-6. The Authority shall have the following
15 rights and powers duties:
16 (a) To acquire, purchase, own, construct, lease as
17 lessee or in any other way acquire, improve, extend, repair,
18 reconstruct, regulate, operate, equip and maintain exhibition
19 centers, civic auditoriums, cultural facilities and office
20 buildings, including sites and parking areas and commercial
21 facilities therefor located within the metropolitan area;
22 (b) To plan for such grounds, centers and auditoriums
23 and to plan, sponsor, hold, arrange and finance fairs,
24 industrial, cultural, educational, trade and scientific
25 exhibits, shows and events and to use or allow the use of
26 such grounds, centers, and auditoriums for the holding of
27 fairs, exhibits, shows and events whether conducted by the
28 Authority or some other person or governmental agency;
29 (c) To exercise the right of eminent domain to acquire
30 sites for such grounds, centers, buildings and auditoriums,
31 and parking areas and facilities in the manner provided for
32 the exercise of the right of eminent domain under Article VII
33 of the Code of Civil Procedure, as amended;
-711- LRB9000879DJcd
1 (d) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds, centers, buildings and
4 auditoriums and admission charges to fairs, shows, exhibits
5 and events sponsored or held by the Authority. The charges
6 collected may be made available to defray the reasonable
7 expenses of the Authority and to pay the principal of and the
8 interest on any bonds issued by the Authority;
9 (e) To enter into contracts treating in any manner with
10 the objects and purposes of this Article Act.
11 (Source: P.A. 83-911.)
12 (70 ILCS 280/1-7) (from Ch. 85, par. 2707)
13 Section 2-25. Incurring obligations. Sec. 1-7. The
14 Authority shall not incur any obligations for salaries or
15 for, office or administrative expenses except within the
16 amounts of funds that which will be available to it when such
17 obligations become payable.
18 (Source: P.A. 83-911.)
19 (70 ILCS 280/1-7.1) (from Ch. 85, par. 2707.1)
20 Section 2-30. Prompt payment. Sec. 1-7.1. Purchases
21 made under pursuant to this Article Act shall be made in
22 compliance with the the "Local Government Prompt Payment
23 Act", approved by the Eighty-fourth General Assembly.
24 (Source: P.A. 84-731.)
25 (70 ILCS 280/1-8) (from Ch. 85, par. 2708)
26 Section 2-35. Acquisition of property from person,
27 State, or local agency. Sec. 1-8. The Authority shall have
28 power (i) to acquire and accept by purchase, lease, gift or
29 otherwise any property or rights useful for the Authority's
30 purposes from any person or persons, from any municipal
31 corporation, body politic, or agency of the State, or from
-712- LRB9000879DJcd
1 the State itself, useful for its purposes, (ii) and to apply
2 for and accept grants, matching grants, loans or
3 appropriations from the State of Illinois or any agency or
4 instrumentality thereof to be used for any of the purposes of
5 the Authority, and (iii) to enter into any agreement with the
6 State of Illinois in relation to such grants, matching
7 grants, loans or appropriations.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/1-9) (from Ch. 85, par. 2709)
10 Section 2-40. Federal money. Sec. 1-9. The Authority
11 shall have the power (i) to apply for and accept grants,
12 matching grants, loans or appropriations from the federal
13 government or any agency or instrumentality thereof to be
14 used for any of the purposes of the Authority and (ii) to
15 enter into any agreement with the federal government in
16 relation to such grants, matching grants, loans or
17 appropriations.
18 (Source: P.A. 83-911.)
19 (70 ILCS 280/1-10) (from Ch. 85, par. 2710)
20 Section 2-45. Insurance. Sec. 1-10. The Authority shall
21 have the power to procure and enter into contracts for any
22 type of insurance and indemnity against loss or damage to
23 property from any cause, against loss of use and occupancy,
24 against employers' liability, against any act of any member,
25 officer, or employee of the Board or Authority in the
26 performance of the duties of the his office or employment,
27 and against or any other insurable risk.
28 (Source: P.A. 83-911.)
29 (70 ILCS 280/1-11) (from Ch. 85, par. 2711)
30 Section 2-50. Borrowing; revenue bonds; suits to compel
31 performance. Sec. 1-11. The Authority shall have continuing
-713- LRB9000879DJcd
1 power to borrow money for the purpose of carrying out and
2 performing its duties and exercising its powers under this
3 Article Act.
4 For the purpose of evidencing the obligation of the
5 Authority to repay any money borrowed as aforesaid, the
6 Authority may, pursuant to an ordinance adopted by the Board,
7 from time to time issue and dispose of its interest bearing
8 revenue bonds, and may also from time to time issue and
9 dispose of its interest bearing revenue bonds to refund any
10 bonds at maturity or pursuant to redemption provisions or at
11 any time before maturity with the consent of the holders
12 thereof. All such bonds shall be payable solely from the
13 revenues or income to be derived from the fairs, expositions,
14 exhibitions, rentals and leases and other authorized
15 activities operated by it, and from funds, if any, received
16 and to be received by the Authority from any other source.
17 Such bonds may bear such date or dates, may mature at such
18 time or times not exceeding 40 forty years from their
19 respective dates, may bear interest at such rate or rates,
20 not exceeding the maximum rate permitted by the Bond
21 Authorization Act "An Act to authorize public corporations to
22 issue bonds, other evidences of indebtedness and tax
23 anticipation warrants subject to interest rate limitations
24 set forth therein", approved May 26, 1970, as amended, may be
25 in such form, may carry such registration privileges, may be
26 executed in such manner, may be payable at such place or
27 places, may be made subject to redemption in such manner and
28 upon such terms, with or without premium as is stated on the
29 face thereof, may be executed in such manner, and may contain
30 such terms and covenants, all as may be provided in said
31 ordinance. In case any officer whose signature appears on any
32 bond ceases (after attaching his signature) to hold office,
33 his signature shall nevertheless be valid and effective for
34 all purposes. The holder or holders of any bonds, or interest
-714- LRB9000879DJcd
1 coupons appertaining thereto issued by the Authority may
2 bring suits at law or proceedings in equity to compel the
3 performance and observance by the Authority or any of its
4 officers, agents or employees of or any contract or covenant
5 made by the Authority with the holders of such bonds or
6 interest coupons, and to compel the Authority or and any of
7 its officers, agents or employees to perform any duties
8 required to be performed for the benefit of the holders of
9 any such bonds or interest coupons by the provisions of the
10 ordinance authorizing their issuance, and to enjoin the
11 Authority and any of its officers, agents or employees from
12 taking any action in conflict with any such contract or
13 covenant.
14 Notwithstanding the form and tenor of any such bonds and
15 in the absence of any express recital on the face thereof
16 that it is non-negotiable, all such bonds shall be negotiable
17 instruments under the Uniform Commercial Code.
18 From and after the issuance of any bonds as herein
19 provided it shall be the duty of the corporate authorities of
20 the Authority to fix and establish rates, charges, rents, and
21 fees for the use of facilities acquired, constructed,
22 reconstructed, extended or improved with the proceeds of the
23 sale of said bonds sufficient at all times, with other
24 revenues of the Authority, to pay:
25 (a) the cost of maintaining, repairing, regulating and
26 operating the said facilities; and
27 (b) the bonds and interest thereon as they shall become
28 due, and all sinking fund requirements and other requirements
29 provided by the ordinance authorizing the issuance of the
30 bonds or as provided by any trust agreement executed to
31 secure payment thereof.
32 To secure the payment of any or all of such bonds and for
33 the purpose of setting forth the covenants and undertakings
34 of the Authority in connection with the issuance thereof and
-715- LRB9000879DJcd
1 the issuance of any additional bonds payable from such
2 revenue income to be derived from the fairs, recreational,
3 theatrical, and cultural, expositions, sports sport
4 activities, exhibitions, office rentals, and air space leases
5 and rentals, and from other revenue, if any, the Authority
6 may execute and deliver a trust agreement or agreements;
7 provided that no lien upon any physical property of the
8 Authority shall be created thereby.
9 A remedy for any breach or default of the terms of any
10 such trust agreement by the Authority may be by mandamus
11 proceedings in any court of competent jurisdiction to compel
12 performance and compliance therewith, but the trust agreement
13 may prescribe by whom or on whose behalf such action may be
14 instituted.
15 Before any such bonds (excepting refunding bonds) are
16 sold, the entire authorized issue, or any part thereof, shall
17 be offered for sale as a unit after advertising for bids at
18 least 3 three times in a daily newspaper of general
19 circulation published in the metropolitan area, the last
20 publication to be at least 10 ten days before bids are
21 required to be filed. Copies of such advertisement may be
22 published in any newspaper or financial publication in the
23 United States. All bids shall be sealed, filed and opened as
24 provided by ordinance and the bonds shall be awarded to the
25 highest and best bidder or bidders therefor. The Authority
26 shall have the right to reject all bids and to readvertise
27 for bids in the manner provided for in the initial
28 advertisement. However, if no bids are received such bonds
29 may be sold at not less than par value, without further
30 advertising, within 60 days after the bids are required to be
31 filed pursuant to any advertisement.
32 (Source: P.A. 83-911.)
33 (70 ILCS 280/1-12) (from Ch. 85, par. 2712)
-716- LRB9000879DJcd
1 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
2 Under no circumstances shall any bonds issued by the
3 Authority be or become an indebtedness or obligation of the
4 State of Illinois or of any other political subdivision of or
5 municipality within the State, nor shall any such bond or
6 obligation be or become an indebtedness of the Authority
7 within the purview of any constitutional limitation or
8 provision, and it shall be plainly stated on the face of each
9 such bond that it does not constitute such an indebtedness or
10 obligation but is payable solely from the revenues or income
11 as provided in this Article aforesaid.
12 (Source: P.A. 83-911.)
13 (70 ILCS 280/1-13) (from Ch. 85, par. 2713)
14 Section 2-60. Investment in bonds. Sec. 1-13. The State
15 and all counties, cities, villages, incorporated towns and
16 other municipal corporations, political subdivisions and
17 public bodies, and public officers of any thereof;, all
18 banks, bankers, trust companies, savings banks and
19 institutions, building and loan associations, savings and
20 loan associations, investment companies and other persons
21 carrying on an insurance business; and all executors,
22 administrators, guardians, trustees and other fiduciaries may
23 legally invest any sinking funds, moneys or other funds
24 belonging to them or within their control in any bonds issued
25 pursuant to this Article Act, it being the purpose of this
26 Section to authorize the investment in such bonds of all
27 sinking, insurance, retirement, compensation, pension and
28 trust funds, whether owned or controlled by private or public
29 persons or officers; provided, however, that nothing
30 contained in this Section may be construed as relieving any
31 person from any duty of exercising reasonable care in
32 selecting securities for investment.
33 (Source: P.A. 83-911.)
-717- LRB9000879DJcd
1 (70 ILCS 280/1-14) (from Ch. 85, par. 2714)
2 Section 2-75. Board members; financial matters; conflict
3 of interest. Sec. 1-14. * * *(nonstandard provisions
4 contained in Section 95-15)* * * The members of the Board
5 shall serve without compensation, but shall be reimbursed for
6 actual expenses incurred by them in the performance of their
7 duties.
8 No member of the Board or employee of the Authority shall
9 have any private financial interest, profit or benefit in any
10 contract, work or business of the Authority or nor in the
11 sale or lease of any property to or from the Authority.
12 (Source: P.A. 83-1451.)
13 (70 ILCS 280/1-15) (from Ch. 85, par. 2715)
14 Section 2-80. Board members' oath. Sec. 1-15. * *
15 *(nonstandard provisions contained in Section 95-20)* * *
16 Within 30 days after certification of his appointment, and
17 before entering upon the duties of his office, each member of
18 the Board shall take and subscribe the constitutional oath of
19 office and file it in the office of the Secretary of State.
20 (Source: P.A. 83-911.)
21 (70 ILCS 280/1-16) (from Ch. 85, par. 2716)
22 Section 2-85. Board members; vacancy in office. Sec.
23 1-16. Members of the Board shall hold office until their
24 respective successors have been appointed and qualified. Any
25 member may resign from his office; the resignation takes to
26 take effect when the member's his successor has been
27 appointed and has qualified.
28 Section 2-83. Removal of Board member from office. The
29 appointing officer may remove any member of the Board
30 appointed by the officer him, in case of incompetency,
31 neglect of duty, or malfeasance in office, after service on
32 the member him, by registered United States mail, return
-718- LRB9000879DJcd
1 requested, of a copy of the written charges against the
2 member him and an opportunity to be publicly heard in person
3 or by counsel in the member's his own defense upon not less
4 than 10 days' notice.
5 (Section 2-85 resumed)
6 In case of failure to qualify within the time required,
7 or of abandonment of his office, or in case of death,
8 conviction of a felony or removal from office, a member's his
9 office shall become vacant. Each vacancy shall be filled for
10 the unexpired term by appointment in like manner, as in case
11 of expiration of the term of a member of the Board.
12 (Source: P.A. 83-911.)
13 (70 ILCS 280/1-17) (from Ch. 85, par. 2717)
14 Section 2-90. Organization of the Board. Sec. 1-17. As
15 soon as practicably possible after the appointment of the
16 initial members, the Board shall organize for the transaction
17 of business, select a chairman and a temporary secretary from
18 its own number, and adopt by-laws and regulations to govern
19 its proceedings. The initial chairman and his successors
20 shall be elected by the Board from time to time for the term
21 of the chairman's his office as a member of the Board or for
22 the term of 3 years, whichever is shorter.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/1-18) (from Ch. 85, par. 2718)
25 Section 2-96. Meetings; action by 4 Board members. Sec.
26 1-18. Regular meetings of the Board shall be held at least
27 once in each calendar month, the time and place of such
28 meetings to be fixed by the Board.
29 Four members of the Board shall constitute a quorum for
30 the transaction of business. All actions of the Board shall
31 be by ordinance or resolution and the affirmative vote of at
32 least 4 members shall be necessary for the adoption of any
-719- LRB9000879DJcd
1 ordinance or resolution.
2 All ordinances, resolutions and all proceedings of the
3 Authority and all documents and records in its possession
4 shall be public records, and open to public inspection,
5 except such documents and records as shall be kept or
6 prepared by the Board for use in negotiations, actions action
7 or proceedings to which the Authority is a party.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/1-19) (from Ch. 85, par. 2719)
10 Section 2-100. Secretary; treasurer. Sec. 1-19. The
11 Board shall appoint a secretary and a treasurer, who need not
12 be members of the Board, to hold office during the pleasure
13 of the Board, and shall fix their duties and compensation.
14 Before entering upon the duties of their respective offices
15 they shall take and subscribe the constitutional oath of
16 office, and the treasurer shall execute a bond with corporate
17 sureties to be approved by the Board. The bond shall be
18 payable to the Authority in whatever penal sum may be
19 directed upon the faithful performance of the duties of the
20 office and the payment of all money received by the treasurer
21 him according to law and the orders of the Board. The Board
22 may, at any time, require a new bond from the treasurer in
23 such penal sum as may then be determined by the Board. The
24 obligation of the sureties shall not extend to any loss
25 sustained by the insolvency, failure or closing of any
26 national or state bank wherein the treasurer has deposited
27 funds if the bank has been approved by the Board as a
28 depositary for those these funds. The oaths of office and
29 the treasurer's bond shall be filed in the principal office
30 of the Authority.
31 (Source: P.A. 83-911.)
32 (70 ILCS 280/1-20) (from Ch. 85, par. 2720)
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1 Section 2-105. Funds. Sec. 1-20. All funds deposited by
2 the treasurer in any bank shall be placed in the name of the
3 Authority and shall be withdrawn or paid out only by check or
4 draft upon the bank, signed by the treasurer and
5 countersigned by the chairman of the Board. The Board may
6 designate any of its members or any officer or employee of
7 the Authority to affix the signature of the chairman and
8 another to affix the signature of the treasurer to any check
9 or draft for payment of salaries or wages and for payment of
10 any other obligation of not more than $2,500.
11 (Source: P.A. 83-911.)
12 (70 ILCS 280/1-21) (from Ch. 85, par. 2721)
13 Section 2-110. Signatures on checks or drafts. Sec.
14 1-21. In case any officer whose signature appears upon any
15 check or draft, issued pursuant to this Article Act, ceases
16 (after attaching his signature) to hold his office after
17 attaching his or her signature and before the delivery of the
18 check or draft thereof to the payee, that his signature
19 nevertheless shall be valid and sufficient for all purposes
20 with the same effect as if the officer he had remained in
21 office until delivery.
22 (Source: P.A. 83-911.)
23 (70 ILCS 280/1-22) (from Ch. 85, par. 2722)
24 Section 2-115. General manager; other appointments.
25 Sec. 1-22. The Board may appoint a general manager who shall
26 be a person of recognized ability and business experience,
27 to hold office during the pleasure of the Board. The general
28 manager shall have management of the properties and business
29 of the Authority and of the employees thereof subject to the
30 general control of the Board, shall direct the enforcement of
31 all ordinances, resolutions, rules and regulations of the
32 Board, and shall perform such other duties as may be
-721- LRB9000879DJcd
1 prescribed from time to time by the Board.
2 The Board may appoint a general attorney and a chief
3 engineer and shall provide for the appointment of such other
4 officers, attorneys, engineers, planners, consultants, agents
5 and employees as may be necessary. The Board It shall define
6 their duties and require bonds of such of them as the Board
7 may designate.
8 The general manager, general attorney, chief engineer,
9 and all other officers provided for pursuant to this Section
10 shall be exempt from taking and subscribing any oath of
11 office and shall not be members of the Board.
12 The compensation of the general manager, general
13 attorney, chief engineer, and all other officers, attorneys,
14 planners, consultants, agents and employees shall be fixed by
15 the Board.
16 (Source: P.A. 83-911.)
17 (70 ILCS 280/1-23) (from Ch. 85, par. 2723)
18 Section 2-122. Rules and regulations; penalties. Sec.
19 1-23. The Board shall have power to make all rules and
20 regulations proper or necessary to carry into effect the
21 powers granted to the Authority, with such penalties as may
22 be deemed proper.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/1-24) (from Ch. 85, par. 2724)
25 Sec. 2-125. Contracts; award to other than highest or
26 lowest bidder by vote of 5 Board members. Sec. 1-24. All
27 contracts for the sale of property of the value of more than
28 $2,500 or for a concession in or lease of property, including
29 air rights, of the Authority for a term of more than one year
30 shall be awarded to the highest responsible bidder, after
31 advertising for bids. All construction contracts and
32 contracts for supplies, materials, equipment and services,
-722- LRB9000879DJcd
1 when the expense thereof will exceed $2,500, shall be let to
2 the lowest responsible bidder, after advertising for bids,
3 excepting (1) when repair parts, accessories, equipment or
4 services are required for equipment or services previously
5 furnished or contracted for; (2) when the nature of the
6 services required is such that competitive bidding is not in
7 the best interest of the public, including, without limiting
8 the generality of the foregoing, the services of accountants,
9 architects, attorneys, engineers, physicians, superintendents
10 of construction, and others possessing a high degree of
11 skill; and (3) when services such as water, light, heat,
12 power, telephone or telegraph are required.
13 All contracts involving less than $2,500 shall be let by
14 competitive bidding to the lowest responsible bidder whenever
15 possible, and in any event in a manner calculated to ensure
16 insure the best interests of the public. Competitive bidding
17 is not required for the lease of real estate or buildings
18 owned or controlled by the Authority. The Board is empowered
19 to offer such leases upon such terms as it deems advisable.
20 In determining the responsibility of any bidder, the
21 Board may take into account the past record of dealings with
22 the bidder, the bidder's experience, adequacy of equipment,
23 and ability to complete performance within the time set, and
24 other factors besides financial responsibility, but in no
25 case shall any such contracts be awarded to any other than
26 the highest bidder (in case of sale, concession or lease) or
27 the lowest bidder (in case of purchase or expenditure) unless
28 authorized or approved by a vote of at least 5 members of the
29 Board, and unless such action is accompanied by a statement
30 in writing setting forth the reasons for not awarding the
31 contract to the highest or lowest bidder, as the case may be,
32 which statement shall be kept on file in the principal office
33 of the Authority and open to public inspection.
34 Members of the Board, officers and employees of the
-723- LRB9000879DJcd
1 Authority, and their relatives within the fourth degree of
2 consanguinity by the terms of the civil law, are forbidden to
3 be interested directly or indirectly in any contract for
4 construction or maintenance work or for the delivery of
5 materials, supplies or equipment.
6 The Board shall have the right to reject all bids and to
7 readvertise for bids. If after any such advertisement no
8 responsible and satisfactory bid, within the terms of the
9 advertisement, shall be received, the Board may award such
10 contract, without competitive bidding, provided that it shall
11 not be less advantageous to the Authority than any valid bid
12 received pursuant to advertisement.
13 The Board shall adopt rules and regulations to carry into
14 effect the provisions of this Section.
15 (Source: P.A. 83-911.)
16 (70 ILCS 280/1-25) (from Ch. 85, par. 2725)
17 Section 2-130. Bids and advertisements. Sec. 1-25.
18 Advertisements Advertisement for bids shall be published at
19 least twice in a daily newspaper of general circulation
20 published in the metropolitan area, the last publication to
21 be at least 10 calendar days before the time for receiving
22 bids, and such advertisements shall also be posted on readily
23 accessible bulletin boards in the principal office of the
24 Authority. Such advertisements shall state the time and
25 place for receiving and opening of bids, and, by reference to
26 plans and specifications on file at the time of the first
27 publication, or in the advertisement itself, shall describe
28 the character of the proposed contract in sufficient detail
29 to fully advise prospective bidders of their obligations and
30 to ensure insure free and open competitive bidding.
31 All bids in response to advertisements shall be sealed
32 and shall be publicly opened by the Board, and all bidders
33 shall be entitled to be present in person or by
-724- LRB9000879DJcd
1 representatives. Cash or a certified or satisfactory
2 cashier's check, as a deposit of good faith, in a reasonable
3 amount to be fixed by the Board before advertising for bids,
4 shall be required with the proposal of each bidder. Bond for
5 faithful performance of the contract with surety or sureties
6 satisfactory to the Board and adequate insurance may be
7 required in reasonable amounts to be fixed by the Board
8 before advertising for bids.
9 The contract shall be awarded as promptly as possible
10 after the opening of bids. The bid of the successful bidder,
11 as well as the bids of the unsuccessful bidders, shall be
12 placed on file and be open to public inspection. All bids
13 shall be void if any disclosure of the terms of any bid in
14 response to an advertisement is made or permitted to be made
15 by the Board before the time fixed for opening bids.
16 Section 2-132. Bidders; civil action to compel
17 compliance. Any bidder who has submitted a bid in compliance
18 with the requirements for bidding may bring a civil action in
19 the circuit court in the county in which the metropolitan
20 area is located to compel compliance with the provisions of
21 this Article Act relating to the awarding of contracts by the
22 Board.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/1-26) (from Ch. 85, par. 2726)
25 Section 2-135. Report and financial statement. Sec.
26 1-26. As soon after the end of each fiscal year as may be
27 expedient, the Board shall cause to be prepared and printed a
28 complete and detailed report and financial statement of its
29 operations and of its assets and liabilities. A reasonably
30 sufficient number of copies of such report shall be printed
31 for distribution to persons interested, upon request and a
32 copy thereof shall be filed with the county clerk and the
33 appointing officers.
-725- LRB9000879DJcd
1 (Source: P.A. 83-911.)
2 (70 ILCS 280/1-27) (from Ch. 85, par. 2727)
3 Section 2-140. State financial support. Sec. 1-27. The
4 Authority Authorities created by this Article Act shall
5 receive financial support from the State in the amounts
6 provided for in Section 4 of the Metropolitan Civic Center
7 Support Act.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/1-28) (from Ch. 85, par. 2728)
10 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
11 is hereby expressly made the beneficiary of the provisions of
12 Section 1 of the Local Government Antitrust Exemption Act "An
13 Act to make explicit the authorization for units of local
14 government and certain other governmental bodies to act as
15 permitted by statute or the Illinois Constitution,
16 notwithstanding effects on competition", amendatory veto
17 overridden November 3, 1983, and the General Assembly intends
18 that the "State action exemption" to the application of the
19 federal antitrust anti-trust laws be fully available to the
20 Authority to the extent its activities are either (1)
21 expressly or by necessary implication authorized by this
22 Article Act or other Illinois law, or (2) within traditional
23 areas of local governmental activity.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 280/1-29) (from Ch. 85, par. 2729)
26 Section 2-150. Tax exemption. Sec. 1-29. All property
27 of the Authority shall be exempt from taxation by the State
28 or any taxing unit therein.
29 (Source: P.A. 83-1456.)
30 PART 100. ILLINOIS INTERNATIONAL CONVENTION CENTER
-726- LRB9000879DJcd
1 (70 ILCS 270/6-1) (from Ch. 85, par. 3901)
2 Section 100-1. Short title. Sec. 6-1. * * *(nonstandard
3 provisions contained in Section 100-1)* * *
4 (Source: P.A. 86-1414.)
5 (70 ILCS 270/6-2) (from Ch. 85, par. 3902)
6 Section 2-5. Definitions. Sec. 6-2. As used In this
7 Article, unless the context otherwise requires:
8 * * *(nonstandard provisions contained in Section 100-5)*
9 * *
10 "Governmental agency" means the federal government, the
11 State of Illinois, any unit of local government or school
12 district, and any agency or instrumentality thereof.
13 "Person" means any individual, firm, partnership,
14 corporation, foreign or domestic company, association or
15 joint stock joint-stock association; and includes any
16 trustee, receiver, assignee or personal representative
17 thereof.
18 * * *(nonstandard provisions contained in Section 100-5)*
19 * *
20 (Source: P.A. 86-1414.)
21 (70 ILCS 270/6-3) (from Ch. 85, par. 3903)
22 Section 2-10. Lawsuits; common seal. Sec. 6-3. * *
23 *(nonstandard provisions contained in Section 100-10)* * *
24 (a) The Authority may sue and be sued in its corporate
25 own name but execution shall not in any case issue against
26 any property of the Authority.
27 (b) The Authority may adopt a common seal and change the
28 same such seal at its pleasure. * * *(nonstandard provisions
29 contained in Section 100-10)* * *
30 (Source: P.A. 86-1414.)
31 (70 ILCS 270/6-4) (from Ch. 85, par. 3904)
-727- LRB9000879DJcd
1 Section 2-17. Duties; auditorium and other buildings.
2 Sec. 6-4. It shall be the duty of the Authority to promote,
3 operate and maintain expositions, conventions, or theatrical,
4 sports or cultural activities from time to time in the
5 metropolitan area and in connection therewith to arrange,
6 finance and maintain industrial, cultural, educational,
7 theatrical, sports, trade or scientific exhibits and to lease
8 or construct, equip and maintain auditoriums, exposition
9 buildings or office buildings for such purposes.
10 The Authority is granted all rights and powers necessary
11 to perform such duties.
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/6-5) (from Ch. 85, par. 3905)
14 Section 2-21. Rights and powers. Sec. 6-5. The
15 Authority shall have the following rights and powers duties:
16 (a) To acquire, purchase, own, construct, lease as
17 lessee or in any other way acquire, improve, extend, repair,
18 reconstruct, regulate, operate, equip and maintain fair or
19 exposition grounds, convention or exhibition centers, civic
20 auditoriums, and office and municipal buildings, including
21 sites and parking areas and facilities therefor located
22 within the metropolitan area.
23 (b) To enter into contracts treating in any manner with
24 the objects and purposes of this Article Act.
25 (c) To plan for such grounds, centers and auditoriums
26 and to plan, sponsor, hold, arrange, and finance fairs,
27 industrial, cultural, educational, trade and scientific
28 exhibits, shows and events and to use or allow the use of
29 such grounds, centers and auditoriums for the holding of
30 fairs, exhibits, shows and events, whether conducted by the
31 Authority or some other person or governmental agency.
32 (d) To fix and collect just, reasonable and
33 nondiscriminatory charges and rents for the use of such
-728- LRB9000879DJcd
1 parking areas and facilities, grounds, centers, buildings and
2 auditoriums, and to collect admission charges to fairs,
3 shows, exhibits and events sponsored or held by the
4 Authority. The charges collected may be made available to
5 defray the reasonable expenses of the Authority and to pay
6 the principal of and the interest on any bonds issued by the
7 Authority.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/6-6) (from Ch. 85, par. 3906)
10 Section 2-25. Incurring obligations. Sec. 6-6. The
11 Authority shall not incur any obligations for salaries or for
12 office or administrative expenses except within the amounts
13 of funds that which will be available to it when such
14 obligations become payable.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/6-6.1) (from Ch. 85, par. 3906.1)
17 Section 2-30. Prompt payment. Sec. 6-6.1. Purchases
18 made under pursuant to this Article Act shall be made in
19 compliance with the the "Local Government Prompt Payment
20 Act", approved by the Eighty-fourth General Assembly.
21 (Source: P.A. 84-731.)
22 (70 ILCS 270/6-7) (from Ch. 85, par. 3907)
23 Section 2-36. Acquisition of property from person or
24 governmental agency. Sec. 6-7. The Authority shall have the
25 power (i) to acquire and accept by purchase, lease, gift or
26 otherwise any property or rights from any person or
27 governmental agency useful for its purposes, (ii) and to
28 apply for and accept grants, matching grants, loans or
29 appropriations from the State of Illinois or any agency or
30 instrumentality thereof to be used for any of the purposes of
31 the Authority, and (iii) to enter into any agreement with the
-729- LRB9000879DJcd
1 State of Illinois in relation to such grants, matching
2 grants, loans or appropriations.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/6-8) (from Ch. 85, par. 3908)
5 Section 2-40. Federal money. Sec. 6-8. The Authority
6 shall have the power (i) to apply for and accept grants,
7 matching grants, loans or appropriations from the federal
8 government or any agency or instrumentality thereof to be
9 used for any of the purposes of the Authority, and (ii) to
10 enter into any agreement with the federal government in
11 relation to such grants, matching grants, loans or
12 appropriations.
13 (Source: P.A. 83-1456.)
14 (70 ILCS 270/6-9) (from Ch. 85, par. 3909)
15 Section 2-45. Insurance. Sec. 6-9. The Authority shall
16 have the power to procure and enter into contracts for any
17 type of insurance and indemnity against loss or damage to
18 property from any cause, against loss of use and occupancy,
19 against employers' liability, against any act of any member,
20 officer, or employee of the Board or Authority in the
21 performance of the duties of the his office or employment,
22 and or against any other insurable risk.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/6-10) (from Ch. 85, par. 3910)
25 Section 100-15. Borrowing; revenue bonds. Sec. 6-10.
26 * * *(nonstandard provisions contained in Section 100-15)* *
27 *
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/6-11) (from Ch. 85, par. 3911)
30 Section 100-20. Bonds; nature of indebtedness. Sec.
-730- LRB9000879DJcd
1 6-11. * * * (nonstandard provisions contained in Section
2 100-20) * * *
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/6-12) (from Ch. 85, par. 3912)
5 Section 100-25. Investment in bonds. Sec. 6-12. * * *
6 (nonstandard provisions contained in Section 100-25) * * *
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/6-13) (from Ch. 85, par. 3913)
9 Section 100-30. Bonds other than revenue bonds;
10 election. Sec. 6-13. * * *(nonstandard provisions contained
11 in Section 100-30)* * *
12 (Source: P.A. 86-1414.)
13 (70 ILCS 270/6-14) (from Ch. 85, par. 3914)
14 Section 100-35. Tax. Sec. 6-14. * * *(nonstandard
15 provisions contained in Section 100-35)* * *
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/6-15) (from Ch. 85, par. 3915)
18 Section 2-75. Board members; financial matters; conflict
19 of interest. Sec. 6-15. * * *(nonstandard provisions
20 contained in Section 100-40)* * * The members of the Board
21 shall serve without compensation, but shall be reimbursed for
22 actual expenses incurred by them in the performance of their
23 duties.
24 No member of the Board or employee of the Authority shall
25 have any private financial interest, profit or benefit in any
26 contract, work or business of the Authority or nor in the
27 sale or lease of any property to or from the Authority.
28 (Source: P.A. 86-1414.)
29 (70 ILCS 270/6-16) (from Ch. 85, par. 3916)
-731- LRB9000879DJcd
1 Section 2-80. Board members' oath. Sec. 6-16. * *
2 *(nonstandard provisions contained in Section 100-45)* * *
3 Within 30 days after certification of his appointment, and
4 before entering upon the duties of his office, each member of
5 the Board shall take and subscribe the constitutional oath of
6 office and file it in the office of the Secretary of State.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 270/6-17) (from Ch. 85, par. 3917)
9 Section 2-85. Board members; vacancy in office. Sec.
10 6-17. Members of the Board shall hold office until their
11 respective successors have been appointed and qualified. Any
12 member may resign from his office; the resignation takes to
13 take effect when the member's his successor has been
14 appointed and has qualified.
15 Section 2-83. Removal of Board member from office. The
16 appointing officer may remove any member of the Board
17 appointed by the officer him, in case of incompetency,
18 neglect of duty, or malfeasance in office, after service on
19 the member him, by registered United States mail, return
20 receipt requested, of a copy of the written charges against
21 the member him, and by providing him an opportunity to be
22 publicly heard in person or by counsel in the member's his
23 own defense upon not less than 10 days' notice.
24 (Section 2-85, resumed)
25 In case of failure to qualify within the time required,
26 or of abandonment of office, or in case of death, conviction
27 of a felony or removal from office, a member's office shall
28 become vacant. Each vacancy shall be filled for the
29 unexpired term by appointment in like manner, as in the case
30 of expiration of the term of a member of the Board.
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/6-18) (from Ch. 85, par. 3918)
-732- LRB9000879DJcd
1 Section 2-90. Organization of the Board. Sec. 6-18. As
2 soon as practicably possible practicable after the
3 appointment of the initial members, the Board shall organize
4 for the transaction of business, select a chairman and a
5 temporary secretary from its own number, and adopt by-laws
6 and regulations to govern its proceedings. The initial
7 chairman and his successors shall be elected by the Board
8 from time to time for the term of the chairman's his office
9 as a member of the Board or for the a term of 3 years,
10 whichever is shorter.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/6-19) (from Ch. 85, par. 3919)
13 Section 2-95. Meetings; action by 5 Board members. Sec.
14 6-19. Regular meetings of the Board shall be held at least
15 once in each calendar month, the time and place of such
16 meetings to be fixed by the Board.
17 Five members of the Board shall constitute a quorum for
18 the transaction of business. All actions action of the Board
19 shall be by ordinance or resolution and the affirmative vote
20 of at least 5 members shall be necessary for the adoption of
21 any ordinance or resolution.
22 All ordinances, resolutions and records of proceedings of
23 the Authority, and all documents and records in its
24 possession, shall be public records, and open to public
25 inspection, except such documents and records as shall be
26 kept or prepared by the Board for use in negotiations,
27 actions or proceedings to which the Authority is a party.
28 (Source: P.A. 86-1414.)
29 (70 ILCS 270/6-20) (from Ch. 85, par. 3920)
30 Section 2-101. Secretary; treasurer; funds deposited in
31 bank or savings and loan association. Sec. 6-20. The Board
32 shall appoint a secretary and a treasurer, who need not be
-733- LRB9000879DJcd
1 members of the Board, to hold office during at the pleasure
2 of the Board, and shall fix their duties and compensation.
3 Before entering upon the their duties of their respective
4 offices they shall take and subscribe the constitutional oath
5 of office, and the treasurer shall execute a bond with
6 corporate sureties to be approved by the Board. The bond
7 shall be payable to the Authority in whatever penal sum may
8 be directed upon the faithful performance of the duties of
9 the office and the payment of all money received by the
10 treasurer him according to law and the orders of the Board.
11 The Board may, at any time, require a new bond from the
12 treasurer in such penal sum as may then be determined by the
13 Board. The obligation of the sureties shall not extend to
14 any loss sustained by the insolvency, failure or closing of
15 any savings and loan association or national or State bank
16 wherein the treasurer has deposited funds if the bank or
17 savings and loan association has been approved by the Board
18 as a depository for those these funds. The oaths of office
19 and the treasurer's bond shall be filed in the principal
20 office of the Authority.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 270/6-21) (from Ch. 85, par. 3921)
23 Section 2-106. Funds; compliance with Public Funds
24 Investment Act. Sec. 6-21. All funds deposited by the
25 treasurer in any bank or savings and loan association shall
26 be placed in the name of the Authority and shall be withdrawn
27 or paid out only by check or draft upon the bank or savings
28 and loan association, signed by the treasurer and
29 countersigned by the chairman of the Board. The Board may
30 designate any of its members or any officer or employee of
31 the Authority to affix the signature of the chairman and
32 another to affix the signature of the treasurer to any check
33 or draft for payment of salaries or wages and for payment of
-734- LRB9000879DJcd
1 any other obligation of not more than $2,500.
2 No bank or savings and loan association shall receive
3 public funds as permitted by this Section, unless it has
4 complied with the requirements established pursuant to
5 Section 6 of the Public Funds Investment Act "An Act relating
6 to certain investments of public funds by public agencies",
7 approved July 23, 1943, as now or hereafter amended.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/6-22) (from Ch. 85, par. 3922)
10 Section 2-110. Signatures on checks or drafts. Sec.
11 6-22. In case any officer whose signature appears upon any
12 check or draft, issued pursuant to this Article Act, ceases
13 (after attaching his signature) to hold his office after
14 attaching his or her signature and before the delivery of the
15 check or draft thereof to the payee, that his signature
16 nevertheless shall be valid and sufficient for all purposes
17 with the same effect as if the officer he had remained in
18 office until delivery thereof.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/6-23) (from Ch. 85, par. 3923)
21 Section 2-115. General manager; other appointments.
22 Sec. 6-23. The Board may appoint a general manager who shall
23 be a person of recognized ability and business experience, to
24 hold office during at the pleasure of the Board. The general
25 manager shall have management of manage the properties and
26 business of the Authority and of the employees thereof
27 subject to the general control of the Board, and shall direct
28 the enforcement of all ordinances, resolutions, rules and
29 regulations of the Board, and shall perform such other duties
30 as may be prescribed from time to time by the Board.
31 The Board may appoint a general attorney and a chief
32 engineer and shall provide for the appointment of such other
-735- LRB9000879DJcd
1 officers, attorneys, engineers, planners, consultants, agents
2 and employees as may be necessary. The Board shall define
3 their duties and require bonds of such of them as the Board
4 may designate.
5 The general manager, general attorney, chief engineer,
6 and all other officers provided for pursuant to this Section
7 shall be exempt from taking and subscribing any oath of
8 office and shall not be members of the Board.
9 The compensation of the general manager, general
10 attorney, chief engineer, and all other officers, attorneys,
11 planners, consultants, agents and employees shall be fixed by
12 the Board.
13 (Source: P.A. 83-1456.)
14 (70 ILCS 270/6-24) (from Ch. 85, par. 3924)
15 Section 2-120. Ordinances, rules, and regulations; fines
16 and penalties. Sec. 6-24. The Board shall have power to pass
17 all ordinances and make all rules and regulations proper or
18 necessary to carry into effect the powers granted to the
19 Authority, with such fines or penalties as may be deemed
20 proper. All fines and penalties shall be imposed by
21 ordinance, which shall be published in a newspaper of general
22 circulation published in the metropolitan area. No such
23 ordinance imposing a fine or penalty shall take effect until
24 10 days after its publication.
25 (Source: P.A. 83-1456.)
26 (70 ILCS 270/6-25) (from Ch. 85, par. 3925)
27 Section 2-127. Contracts; award to other than highest or
28 lowest bidder by four-fifths vote. Sec. 6-25. All contracts
29 for sale of property of the value of more than $2500, or for
30 a concession in or lease of property, including air rights,
31 of the Authority for a term of more than one year, shall be
32 awarded to the highest responsible bidder, after advertising
-736- LRB9000879DJcd
1 for bids. All construction contracts and contracts for
2 supplies, materials, equipment and services, when the expense
3 thereof will exceed $2500, shall be let to the lowest
4 responsible bidder, after advertising for bids, except: (1)
5 when repair parts, accessories, equipment or services are
6 required for equipment or services previously furnished or
7 contracted for; (2) when the nature of the services required
8 is such that competitive bidding is not in the best interest
9 of the public, including, without limiting the generality of
10 the foregoing, the services of accountants, architects,
11 attorneys, engineers, physicians, superintendents of
12 construction, and others possessing a high degree of skill;
13 and (3) when services such as water, light, heat, power,
14 telephone or telegraph are required.
15 All contracts involving less than $2500 shall be let by
16 competitive bidding to the lowest responsible bidder whenever
17 possible, and in any event in a manner calculated to ensure
18 insure the best interests of the public.
19 In determining the responsibility of any bidder, the
20 Board may take into account the past record of dealings with
21 the bidder, the bidder's experience, adequacy of equipment,
22 and ability to complete performance within the time set, and
23 other factors besides financial responsibility, but in no
24 case shall any such contract be awarded to any other than the
25 highest bidder (in case of sale, concession or lease), or the
26 lowest bidder (in case of purchase or expenditure), unless
27 authorized or approved by a vote of at least 4/5 of the
28 members of the Board, and unless such action is accompanied
29 by a statement in writing setting forth the reasons for not
30 awarding the contract to the highest or lowest bidder, as the
31 case may be, which statement shall be kept on file in the
32 principal office of the Authority and open to public
33 inspection.
34 Members of the Board, officers and employees of the
-737- LRB9000879DJcd
1 Authority, and their relatives within the fourth degree of
2 consanguinity by the terms of the civil law, are forbidden to
3 be interested directly or indirectly in any contract for
4 construction or maintenance work or for the delivery of
5 materials, supplies or equipment.
6 The Board shall have the right to reject all bids and to
7 readvertise for bids. If after any such advertisement no
8 responsible and satisfactory bid, within the terms of the
9 advertisement, shall be received, the Board may award such
10 contract, without competitive bidding, provided that it shall
11 not be less advantageous to the Authority than any valid bid
12 received pursuant to advertisement.
13 The Board shall adopt rules and regulations to carry into
14 effect the provisions of this Section.
15 (Source: P.A. 83-1456.)
16 (70 ILCS 270/6-26) (from Ch. 85, par. 3926)
17 Section 2-130. Bids and advertisements. Sec. 6-26.
18 Advertisements for bids shall be published at least twice in
19 a daily newspaper of general circulation published in the
20 metropolitan area, the last publication to be at least 10
21 calendar days before the time for receiving bids, and such
22 advertisements shall also be posted on readily accessible
23 bulletin boards in the principal office of the Authority.
24 Such advertisements shall state the time and place for
25 receiving and opening of bids, and, by reference to plans and
26 specifications on file at the time of the first publication,
27 or in the advertisement itself, shall describe the character
28 of the proposed contract in sufficient detail to fully advise
29 prospective bidders of their obligations and to ensure insure
30 free and open competitive bidding.
31 All bids in response to advertisements shall be sealed
32 and shall be publicly opened by the Board, and all bidders
33 shall be entitled to be present in person or by
-738- LRB9000879DJcd
1 representatives. Cash or a certified or satisfactory
2 cashier's check, as a deposit of good faith, in a reasonable
3 amount to be fixed by the Board before advertising for bids,
4 shall be required with the proposal of each bidder. Bond for
5 faithful performance of the contract with surety or sureties
6 satisfactory to the Board and adequate insurance may be
7 required in reasonable amounts to be fixed by the Board
8 before advertising for bids.
9 The contract shall be awarded as promptly as possible
10 after the opening of bids. The bid of the successful bidder,
11 as well as the bids of the unsuccessful bidders, shall be
12 placed on file and be open to public inspection. All bids
13 shall be void if any disclosure of the terms of any bid in
14 response to an advertisement is made or permitted to be made
15 by the Board before the time fixed for opening bids.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/6-27) (from Ch. 85, par. 3927)
18 Section 100-50. Report and financial statement. Sec.
19 6-27. * * *(nonstandard provisions contained in Section
20 100-50)* * *
21 (Source: P.A. 83-1456.)
22 (70 ILCS 270/6-28) (from Ch. 85, par. 3928)
23 Section 2-145. Antitrust laws. Sec. 6-28. The Authority
24 is hereby expressly made the beneficiary of the provisions of
25 Section 1 of the Local Government Antitrust Exemption Act "An
26 Act to make explicit the authorization for units of local
27 government and certain other governmental bodies to act as
28 permitted by statute or the Illinois Constitution,
29 notwithstanding effects on competition", amendatory veto
30 overridden November 3, 1983, and the General Assembly intends
31 that the "State action exemption" to the application of the
32 federal antitrust anti-trust laws be fully available to the
-739- LRB9000879DJcd
1 Authority to the extent its activities are either (1)
2 expressly or by necessary implication authorized by this
3 Article Act or other Illinois law, or (2) within traditional
4 areas of local governmental activity.
5 (Source: P.A. 83-1456.)
6 (70 ILCS 270/6-29) (from Ch. 85, par. 3929)
7 Section 2-150. Tax exemption. Sec. 6-29. All property
8 of the Authority shall be exempt from taxation by the State
9 or any taxing unit therein.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/6-30) (from Ch. 85, par. 3930)
12 Section 2-140. State financial support. Sec. 6-30. The
13 Authority created by this Article Act shall receive financial
14 support from the State in the amounts provided for in Section
15 4 of the Metropolitan Civic Center Support Act.
16 (Source: P.A. 83-1456.)
17 PART 105. ILLINOIS-MICHIGAN CANAL NATIONAL HERITAGE
18 CORRIDOR CIVIC CENTER
19 (70 ILCS 285/1) (from Ch. 85, par. 2601)
20 Section 105-1. Short title. Sec. 1.* * *(nonstandard
21 provisions contained in Section 105-1)* * *
22 (Source: P.A. 85-791.)
23 (70 ILCS 285/2) (from Ch. 85, par. 2602)
24 Section 2-5. Definitions. Sec. 2. In this Article:
25 * * *(nonstandard provisions contained in Section 105-5)*
26 * *
27 "Governmental agency" means the federal government, the
28 State, and any unit of local government or school district
29 governmental body, and any agency or instrumentality,
30 corporate or otherwise, thereof.
-740- LRB9000879DJcd
1 "Person" means any individual, firm, partnership,
2 corporation, both domestic and foreign, company, association
3 or joint stock joint-stock association; and includes any
4 trustee, receiver, assignee or personal representative
5 thereof.
6 * * *(nonstandard provisions contained in Section 105-5)*
7 * *
8 (Source: P.A. 85-791.)
9 (70 ILCS 285/3) (from Ch. 85, par. 2603)
10 Section 2-10. Lawsuits; common seal. Sec. 3. * *
11 *(nonstandard provisions contained in Section 105-10)* * *
12 (a) The Authority may sue and be sued in its corporate
13 name but execution shall not in any case issue against any
14 property of the Authority.
15 (b) The Authority It may adopt a common seal and change
16 the same at its pleasure. * * *(nonstandard provisions
17 contained in Section 105-10)* * *
18 (Source: P.A. 85-791.)
19 (70 ILCS 285/4) (from Ch. 85, par. 2604)
20 Section 105-15. Duties. Sec. 4. * * *(nonstandard
21 provisions contained in Section 105-15)* * *
22 (Source: P.A. 83-893.)
23 (70 ILCS 285/5) (from Ch. 85, par. 2605)
24 Section 105-20. Rights and powers. Sec. 5. * *
25 *(nonstandard provisions contained in Section 105-20)* * *
26 (Source: P.A. 83-893.)
27 (70 ILCS 285/6) (from Ch. 85, par. 2606)
28 Section 2-25. Incurring obligations. Sec. 6. The
29 Authority shall not incur any obligations for salaries, or
30 for office or administrative expenses except within the
-741- LRB9000879DJcd
1 amounts of funds that which will be available to it when such
2 obligations become payable.
3 (Source: P.A. 83-893.)
4 (70 ILCS 285/6.1) (from Ch. 85, par. 2606.1)
5 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
6 under pursuant to this Article Act shall be made in
7 compliance with the "Local Government Prompt Payment Act",
8 approved by the Eighty-fourth General Assembly.
9 (Source: P.A. 84-731.)
10 (70 ILCS 285/7) (from Ch. 85, par. 2607)
11 Section 2-35. Acquisition of property from person, State,
12 or local agency. Sec. 7. The Authority shall have the power
13 (i) to acquire and accept by purchase, lease, gift or
14 otherwise any property or rights useful for the Authority's
15 purposes from any person or persons, from any municipal
16 corporation, body politic, or agency of the State, or from
17 the State itself, useful for its purposes, and (ii) to apply
18 for and accept grants, matching grants, loans or
19 appropriations from the State of Illinois or any agency or
20 instrumentality thereof to be used for any of the purposes of
21 the Authority, and (iii) to enter into any agreement with the
22 State of Illinois in relation to such grants, matching
23 grants, loans or appropriations.
24 (Source: P.A. 83-893.)
25 (70 ILCS 285/8) (from Ch. 85, par. 2608)
26 Section 2-40. Federal money. Sec. 8. The Authority shall
27 have the power (i) to apply for and accept grants, matching
28 grants, loans or appropriations from the federal government
29 or any agency or instrumentality thereof to be used for any
30 of the purposes of the Authority and (ii) to enter into any
31 agreement with the federal government in relation to such
-742- LRB9000879DJcd
1 grants, matching grants, loans or appropriations.
2 (Source: P.A. 83-893.)
3 (70 ILCS 285/9) (from Ch. 85, par. 2609)
4 Section 2-45. Insurance. Sec. 9. The Authority shall
5 have the power to procure and enter into contracts for any
6 type of insurance and indemnity against loss or damage to
7 property from any cause, against loss of use and occupancy,
8 against employers' liability, against any act of any member,
9 officer, or employee of the Board or of Authority in the
10 performance of the duties of the his office or employment,
11 and against or any other insurable risk.
12 (Source: P.A. 83-893.)
13 (70 ILCS 285/10) (from Ch. 85, par. 2610)
14 Section 105-25. Borrowing; revenue bonds. Sec. 10. * *
15 *(nonstandard provisions contained in Section 105-25)* * *
16 (Source: P.A. 84-1308.)
17 (70 ILCS 285/11) (from Ch. 85, par. 2611)
18 Section 2-55. Bonds; nature of indebtedness. Sec. 11.
19 Under no circumstances shall any bonds issued by the
20 Authority be or become an indebtedness or obligation of the
21 State of Illinois or of any other political subdivision of or
22 municipality within the State, nor shall any such bond or
23 obligation be or become an indebtedness of the Authority
24 within the purview of any constitutional limitation or
25 provision, and it shall be plainly stated on the face of each
26 such bond that it does not constitute such an indebtedness or
27 obligation but is payable solely from the revenues or income
28 as provided in this Article aforesaid.
29 (Source: P.A. 83-893.)
30 (70 ILCS 285/12) (from Ch. 85, par. 2612)
-743- LRB9000879DJcd
1 Section 2-60. Investment in bonds. Sec. 12. The State
2 and all counties, cities, villages, incorporated towns and
3 other municipal corporations, political subdivisions and
4 public bodies, and public officers of any thereof; , all
5 banks, bankers, trust companies, savings banks and
6 institutions, building and loan associations, savings and
7 loan associations, investment companies and other persons
8 carrying on an insurance business; and all executors,
9 administrators, guardians, trustees and other fiduciaries may
10 legally invest any sinking funds, moneys or other funds
11 belonging to them or within their control in any bonds issued
12 pursuant to this Article Act, it being the purpose of this
13 Section to authorize the investment in such bonds of all
14 sinking, insurance, retirement, compensation, pension and
15 trust funds, whether owned or controlled by private or public
16 persons or officers; provided, however, that nothing
17 contained in this Section may be construed as relieving any
18 person from any duty of exercising reasonable care in
19 selecting securities for investment.
20 (Source: P.A. 83-893.)
21 (70 ILCS 285/13) (from Ch. 85, par. 2613)
22 Section 2-76. Board members; financial matters;
23 compensation for secretary or treasurer; conflict of
24 interest. Sec. 13. * * *(nonstandard provisions contained in
25 Section 105-30)* * * The members of the Board They shall
26 serve without compensation, but shall be reimbursed for
27 actual expenses incurred by them in the performance of their
28 duties. However, any member of the Board who is appointed to
29 the office of secretary or treasurer may receive compensation
30 for his or her services as such officer.
31 No member of the Board or employee of the Authority shall
32 have any private financial interest, profit or benefit in any
33 contract, work or business of the Authority or nor in the
-744- LRB9000879DJcd
1 sale or lease of any property to or from the Authority.
2 (Source: P.A. 85-791.)
3 (70 ILCS 285/14) (from Ch. 85, par. 2614)
4 Section 2-80. Board members' oath. Sec. 14.* *
5 *(nonstandard provisions contained in Section 105-35)* * *
6 Within 30 days after certification of his appointment, and
7 before entering upon the duties of his office, each member of
8 the Board shall take and subscribe the constitutional oath of
9 office and file it in the office of the Secretary of State.
10 (Source: P.A. 85-791.)
11 (70 ILCS 285/15) (from Ch. 85, par. 2615)
12 Section 2-85. Board members; vacancy in office. Sec. 15.
13 Members of the Board shall hold office until their respective
14 successors have been appointed and qualified. Any member may
15 resign from his office; the resignation takes to take effect
16 when the member's his successor has been appointed and has
17 qualified.
18 Section 2-83. Removal of Board member from office. The
19 appointing officer may remove any member of the Board
20 appointed by the officer him, in case of incompetency,
21 neglect of duty, or malfeasance in office, after service on
22 the member him, by registered United States mail, return
23 receipt requested, of a copy of the written charges against
24 the member him and an opportunity to be publicly heard in
25 person or by counsel in the member's his own defense upon not
26 less than 10 days' notice.
27 (Section 2-85, resumed)
28 In case of failure to qualify within the time required,
29 or of abandonment of his office, or in case of death,
30 conviction of a felony or removal from office, a member's his
31 office shall become vacant. Each vacancy shall be filled for
32 the unexpired term by appointment in like manner, as in the
-745- LRB9000879DJcd
1 case of expiration of the term of a member of the Board.
2 (Source: P.A. 83-893.)
3 (70 ILCS 285/16) (from Ch. 85, par. 2616)
4 Section 105-38. Organization of the Board. Sec. 16. *
5 * * (nonstandard provisions contained in Section 105-38) * *
6 *
7 (Source: P.A. 83-893.)
8 (70 ILCS 285/17) (from Ch. 85, par. 2617)
9 Section 2-97. Board meetings; public records. Sec. 17.
10 Regular meetings of the Board shall be held at least once in
11 each calendar month, the time and place of such meetings to
12 be fixed by the Board. * * *(nonstandard provisions contained
13 in Section 105-40)* * *
14 All ordinances, resolutions and all proceedings of the
15 Authority and all documents and records in its possession
16 shall be public records, and open to public inspection,
17 except such documents and records as shall be kept or
18 prepared by the Board for use in negotiations, actions or
19 proceedings to which the Authority is a party.
20 (Source: P.A. 85-791.)
21 (70 ILCS 285/18) (from Ch. 85, par. 2618)
22 Section 2-100. Secretary; treasurer. Sec. 18. The Board
23 shall appoint a secretary and a treasurer, who need not be
24 members of the Board, to hold office during the pleasure of
25 the Board, and shall fix their duties and compensation.
26 Before entering upon the its duties of their respective
27 offices they shall take and subscribe the constitutional oath
28 of office, and the treasurer shall execute a bond with
29 corporate sureties to be approved by the Board. The bond
30 shall be payable to the Authority in whatever penal sum may
31 be directed upon the faithful performance of the duties of
-746- LRB9000879DJcd
1 the office and the payment of all money received by the
2 treasurer him according to law and the orders of the Board.
3 The Board may, at any time, require a new bond from the
4 treasurer in a such penal sum as may then be determined by
5 the Board. The obligation of the sureties shall not extend to
6 any loss sustained by the insolvency, failure or closing of
7 any national or state bank wherein the treasurer has
8 deposited funds if the bank has been approved by the Board as
9 a depositary depository for those these funds. The oaths of
10 office and the treasurer's bond shall be filed in the
11 principal office of the Authority.
12 (Source: P.A. 83-893.)
13 (70 ILCS 285/19) (from Ch. 85, par. 2619)
14 Section 2-105. Funds. Sec. 19. All funds deposited by
15 the treasurer in any bank shall be placed in the name of the
16 Authority and shall be withdrawn or paid out only by check or
17 draft upon the bank, signed by the treasurer and
18 countersigned by the chairman of the Board. The Board may
19 designate any of its members or any officer or employee of
20 the Authority to affix the signature of the chairman and
21 another to affix the signature of the treasurer to any check
22 or draft for payment of salaries or wages and for payment of
23 any other obligation of not more than $2,500.
24 (Source: P.A. 83-893.)
25 (70 ILCS 285/20) (from Ch. 85, par. 2620)
26 Section 2-110. Signatures on checks or drafts. Sec. 20.
27 In case any officer whose signature appears upon any check or
28 draft, issued pursuant to this Article Act, ceases to hold
29 office (after attaching his or her signature) to hold his
30 office and before the delivery of the check or draft thereof
31 to the payee, that his signature nevertheless shall be valid
32 and sufficient for all purposes with the same effect as if
-747- LRB9000879DJcd
1 the officer he had remained in office until delivery thereof.
2 (Source: P.A. 83-893.)
3 (70 ILCS 285/21) (from Ch. 85, par. 2621)
4 Section 2-115. General manager; other appointments. Sec.
5 21. The Board may appoint a general manager who shall be a
6 person of recognized ability and business experience, to hold
7 office during the pleasure of the Board. The general manager
8 shall have management of the properties and business of the
9 Authority and of the employees thereof subject to the general
10 control of the Board, shall direct the enforcement of all
11 ordinances, resolutions, rules and regulations of the Board,
12 and shall perform such other duties as may be prescribed from
13 time to time by the Board.
14 The Board may appoint a general attorney and a chief
15 engineer and shall provide for the appointment of such other
16 officers, attorneys, engineers, planners, consultants, agents
17 and employees as may be necessary. The Board It shall define
18 their duties and require bonds of such of them as the Board
19 may designate.
20 The general manager, general attorney, chief engineer,
21 and all other officers provided for pursuant to this Section
22 shall be exempt from taking and subscribing any oath of
23 office and shall not be members of the Board.
24 The compensation of the general manager, general
25 attorney, chief engineer, and all other officers, attorneys,
26 planners, consultants, agents and employees shall be fixed by
27 the Board.
28 (Source: P.A. 83-893.)
29 (70 ILCS 285/22) (from Ch. 85, par. 2622)
30 Section 2-120. Ordinances, rules, and regulations; fines
31 and penalties. Sec. 22. The Board shall have power to pass
32 all ordinances and make all rules and regulations proper or
-748- LRB9000879DJcd
1 necessary to carry into effect the powers granted to the
2 Authority, with such fines or penalties as may be deemed
3 proper. All fines and penalties shall be imposed by
4 ordinance, which shall be published in a newspaper of general
5 circulation published in the metropolitan area embraced by
6 the Authority. No such ordinance imposing a fine or penalty
7 shall take effect until 10 days after its publication.
8 (Source: P.A. 83-893.)
9 (70 ILCS 285/23) (from Ch. 85, par. 2623)
10 Section 105-45. Contracts; bidding. Sec. 23. * *
11 *(nonstandard provisions contained in Section 105-45)* * *
12 (Source: P.A. 83-893.)
13 (70 ILCS 285/24) (from Ch. 85, par. 2624)
14 Section 2-130. Bids and advertisements. Sec. 24.
15 Advertisements for bids shall be published at least twice in
16 a daily newspaper of general circulation published in the
17 metropolitan area, the last publication to be at least 10
18 calendar days before the time for receiving bids, and such
19 advertisements shall also be posted on readily accessible
20 bulletin boards in the principal office of the Authority.
21 Such advertisements shall state the time and place for
22 receiving and opening of bids, and, by reference to plans and
23 specifications on file at the time of the first publication,
24 or in the advertisement itself, shall describe the character
25 of the proposed contract in sufficient detail to fully advise
26 prospective bidders of their obligations and to ensure insure
27 free and open competitive bidding.
28 All bids in response to advertisements shall be sealed
29 and shall be publicly opened by the Board, and all bidders
30 shall be entitled to be present in person or by
31 representatives. Cash or a certified or satisfactory
32 cashier's check, as a deposit of good faith, in a reasonable
-749- LRB9000879DJcd
1 amount to be fixed by the Board before advertising for bids,
2 shall be required with the proposal of each bidder. Bond for
3 faithful performance of the contract with surety or sureties
4 satisfactory to the Board and adequate insurance may be
5 required in reasonable amounts to be fixed by the Board
6 before advertising for bids.
7 The contract shall be awarded as promptly as possible
8 after the opening of bids. The bid of the successful bidder,
9 as well as the bids of the unsuccessful bidders, shall be
10 placed on file and be open to public inspection. All bids
11 shall be void if any disclosure of the terms of any bid in
12 response to an advertisement is made or permitted to be made
13 by the Board before the time fixed for opening bids.
14 (Source: P.A. 83-893.)
15 (70 ILCS 285/25) (from Ch. 85, par. 2625)
16 Section 2-150. Tax exemption. Sec. 25. All property of
17 the Illinois-Michigan Canal National Heritage Corridor Civic
18 Center Authority shall be exempt from taxation by the State
19 or any taxing unit therein.
20 (Source: P.A. 85-791.)
21 (70 ILCS 285/25.1) (from Ch. 85, par. 2625.1)
22 Section 2-145. Antitrust laws. Sec. 25.1. The Authority
23 is hereby expressly made the beneficiary of the provisions of
24 Section 1 of the Local Government Antitrust Exemption Act "An
25 Act to make explicit the authorization for units of local
26 government and certain other governmental bodies to act as
27 permitted by statute or the Illinois Constitution,
28 notwithstanding effects on competition", amendatory veto
29 overridden November 3, 1983, and the General Assembly intends
30 that the "State action exemption" to the application of the
31 federal antitrust anti-trust laws be fully available to the
32 Authority to the extent its activities are either (1)
-750- LRB9000879DJcd
1 expressly or by necessary implication authorized by this
2 Article Act or other Illinois law, or (2) within traditional
3 areas of local governmental activity.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 285/25.2) (from Ch. 85, par. 2625.2)
6 Section 2-140. State financial support. Sec. 25.2. The
7 Authority created by this Article Act shall receive financial
8 support from the State in the amounts provided for in Section
9 4 of the Metropolitan Civic Center Support Act.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 285/26) (from Ch. 85, par. 2626)
12 Section 2-135. Report and financial statement. Sec. 26.
13 As soon after the end of each fiscal year as may be
14 expedient, the Board shall cause to be prepared and printed a
15 complete and detailed report and financial statement of its
16 operations and of its assets and liabilities. A reasonably
17 sufficient number of copies of such report shall be printed
18 for distribution to persons interested, upon request and a
19 copy thereof shall be filed with the county clerk and the
20 appointing officers as provided in Section 16.
21 (Source: P.A. 83-893.)
22 PART 110. ILLINOIS VALLEY CIVIC CENTER
23 (70 ILCS 325/6-1) (from Ch. 85, par. 7006-1)
24 Section 2-3. Purpose. Sec. 6-1. The purpose of this
25 Article is to accomplish the aims of the State of Illinois to
26 enhance the ability of its citizens to avail themselves of
27 civic and cultural centers geographically situated throughout
28 the entire State of Illinois.
29 (Source: P.A. 86-907.)
30 (70 ILCS 325/6-2) (from Ch. 85, par. 7006-2)
-751- LRB9000879DJcd
1 Section 110-1. Short title. Sec. 6-2. * * * (nonstandard
2 provisions contained in Section 110-1) * * *
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/6-3) (from Ch. 85, par. 7006-3)
5 Section 2-5. Definitions. Sec. 6-3. When used In this
6 Article: * * *(nonstandard provisions contained in Section
7 110-5) * * *
8 "Governmental agency" means the federal government, the
9 State, and any unit of local government or school district
10 governmental body, and any agency or instrumentality,
11 corporate or otherwise, thereof.
12 "Person" means any individual, firm, partnership,
13 corporation, both domestic and foreign, company, association
14 or joint stock association; and includes any trustee,
15 receiver, assignee or personal representative thereof.
16 * * *(nonstandard provisions contained in Section 110-5)*
17 * *
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/6-4) (from Ch. 85, par. 7006-4)
20 Section 2-10. Lawsuits; common seal. Sec. 6-4. * * *
21 (nonstandard provisions contained in Section 110-10) * * *
22 (a) The Authority may sue and be sued in its corporate
23 name, but execution shall not in any case issue against any
24 property of the Authority.
25 (b) The Authority It may adopt a common seal and change
26 the same at its pleasure. * * *(nonstandard provisions
27 contained in Section 110-10)* * *
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/6-5) (from Ch. 85, par. 7006-5)
30 Section 2-15. Duties; auditorium, recreational, and
31 other buildings; lease of space. Sec. 6-5. It shall be the
-752- LRB9000879DJcd
1 duty of the Authority to promote, operate and maintain
2 expositions, conventions, and theatrical, sports and cultural
3 activities from time to time in the metropolitan area and in
4 connection therewith to arrange, finance and maintain
5 industrial, cultural, educational, theatrical, sports, trade
6 and scientific exhibits and to construct, equip and maintain
7 auditorium, exposition, recreational and office buildings for
8 such purposes.
9 The provision of office space for lease and rental and
10 the lease of air space over and appurtenant to such
11 structures shall be deemed an integral function of the
12 Authority.
13 The Authority is granted all rights and powers necessary
14 to perform such duties.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/6-6) (from Ch. 85, par. 7006-6)
17 Section 2-20. Rights and powers, including eminent
18 domain. Sec. 6-6. The Authority shall have the following
19 rights and powers duties:
20 (a) To acquire, purchase, own, construct, lease as
21 lessee or in any other way acquire, improve, extend, repair,
22 reconstruct, regulate, operate, equip and maintain exhibition
23 centers, civic auditoriums, cultural facilities and office
24 buildings, including sites and parking areas and commercial
25 facilities therefor located within the metropolitan area;
26 (b) To plan for such grounds, centers and auditoriums
27 and to plan, sponsor, hold, arrange and finance fairs,
28 industrial, cultural, educational, trade and scientific
29 exhibits, shows and events and to use or allow the use of
30 such grounds, centers, and auditoriums for the holding of
31 fairs, exhibits, shows and events whether conducted by the
32 Authority or some other person or governmental agency;
33 (c) To exercise the right of eminent domain to acquire
-753- LRB9000879DJcd
1 sites for such grounds, centers, buildings and auditoriums,
2 and parking areas and facilities in the manner provided for
3 the exercise of the right of eminent domain under Article VII
4 of the Code of Civil Procedure, as now or hereafter amended;
5 (d) To fix and collect just, reasonable and
6 nondiscriminatory charges and rents for the use of such
7 parking areas and facilities, grounds, centers, buildings and
8 auditoriums and admission charges to fairs, shows, exhibits
9 and events sponsored or held by the Authority. The charges
10 collected may be made available to defray the reasonable
11 expenses of the Authority and to pay the principal of, and
12 the interest on, any bonds issued by the Authority;
13 (e) To enter into contracts treating in any manner with
14 the objects and purposes of this Article.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/6-7) (from Ch. 85, par. 7006-7)
17 Section 2-25. Incurring obligations. Sec. 6-7. The
18 Authority shall not incur any obligations for salaries or
19 for, office or administrative expenses except within the
20 amounts of funds that which will be available to it when such
21 obligations become payable.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/6-8) (from Ch. 85, par. 7006-8)
24 Section 2-35. Acquisition of property from person,
25 State, or local agency. Sec. 6-8. The Authority shall have
26 power (i) to acquire and accept by purchase, lease, gift or
27 otherwise any property or rights useful for the Authority's
28 purposes from any person or persons, from any municipal
29 corporation, body politic, or agency of the State, or from
30 the State itself, (ii) useful for its purposes, and to apply
31 for and accept grants, matching grants, loans or
32 appropriations from the State of Illinois or any agency or
-754- LRB9000879DJcd
1 instrumentality thereof to be used for any of the purposes of
2 the Authority, and (iii) to enter into any agreement with the
3 State of Illinois in relation to such grants, matching
4 grants, loans or appropriations.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/6-9) (from Ch. 85, par. 7006-9)
7 Section 2-40. Federal money. Sec. 6-9. The Authority
8 shall have the power (i) to apply for and accept grants,
9 matching grants, loans or appropriations from the federal
10 government or any agency or instrumentality thereof to be
11 used for any of the purposes of the Authority and (ii) to
12 enter into any agreement with the federal government in
13 relation to such grants, matching grants, loans or
14 appropriations.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/6-10) (from Ch. 85, par. 7006-10)
17 Section 2-45. Insurance. Sec. 6-10. The Authority shall
18 have the power to procure and enter into contracts for any
19 type of insurance and indemnity against loss or damage to
20 property from any cause, against loss of use and occupancy,
21 against employers' liability, against any act of any member,
22 officer, or employee of the Board or Authority in the
23 performance of the duties of the his or her office or
24 employment, and against or any other insurable risk.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/6-11) (from Ch. 85, par. 7006-11)
27 Section 2-50. Borrowing; revenue bonds; suits to compel
28 performance. Sec. 6-11. The Authority shall have continuing
29 power to borrow money for the purpose of carrying out and
30 performing its duties and exercising its powers under this
31 Article.
-755- LRB9000879DJcd
1 For the purpose of evidencing the obligation of the
2 Authority to repay any money borrowed as aforesaid, the
3 Authority may, pursuant to an ordinance adopted by the Board,
4 from time to time issue and dispose of its interest bearing
5 revenue bonds, and may also from time to time issue and
6 dispose of its interest bearing revenue bonds to refund any
7 bonds at maturity or pursuant to redemption provisions or at
8 any time before maturity with the consent of the holders
9 thereof. All such bonds shall be payable solely from the
10 revenues or income to be derived from the fairs, expositions,
11 exhibitions, rentals and leases and other authorized
12 activities operated by it, and from funds, if any, received
13 and to be received by the Authority from any other source.
14 Such bonds may bear such date or dates, may mature at such
15 time or times not exceeding 40 years from their respective
16 dates, may bear interest at such rate or rates, not exceeding
17 the maximum rate permitted by the Bond Authorization Act, as
18 now or hereafter amended, may be in such form, may carry such
19 registration privileges, may be executed in such manner, may
20 be payable at such place or places, may be made subject to
21 redemption in such manner and upon such terms, with or
22 without premium as is stated on the face thereof, may be
23 executed in such manner, and may contain such terms and
24 covenants, all as may be provided in said ordinance. In case
25 any officer whose signature appears on any bond ceases (after
26 attaching his or her signature) to hold office, his or her
27 signature shall nevertheless be valid and effective for all
28 purposes. The holder or holders of any bonds, or interest
29 coupons appertaining thereto issued by the Authority may
30 bring suits at law or proceedings in equity to compel the
31 performance and observance by the Authority or any of its
32 officers, agents or employees of or any contract or covenant
33 made by the Authority with the holders of such bonds or
34 interest coupons, and to compel the Authority or and any of
-756- LRB9000879DJcd
1 its officers, agents or employees to perform any duties
2 required to be performed for the benefit of the holders of
3 any such bonds or interest coupons by the provisions of the
4 ordinance authorizing their issuance, and to enjoin the
5 Authority and any of its officers, agents or employees from
6 taking any action in conflict with any such contract or
7 covenant.
8 Notwithstanding the form and tenor of any such bonds and
9 in the absence of any express recital on the face thereof
10 that it is non-negotiable, all such bonds shall be negotiable
11 instruments under the Uniform Commercial Code.
12 From and after the issuance of any bonds as herein
13 provided it shall be the duty of the corporate authorities of
14 the Authority to fix and establish rates, charges, rents, and
15 fees for the use of facilities acquired, constructed,
16 reconstructed, extended or improved with the proceeds of the
17 sale of said bonds sufficient at all times, with other
18 revenues of the Authority, to pay:
19 (a) the cost of maintaining, repairing, regulating and
20 operating the said facilities; and
21 (b) the bonds and interest thereon as they shall become
22 due, and all sinking fund requirements and other requirements
23 provided by the ordinance authorizing the issuance of the
24 bonds or as provided by any trust agreement executed to
25 secure payment thereof.
26 To secure the payment of any or all of such bonds and for
27 the purpose of setting forth the covenants and undertakings
28 of the Authority in connection with the issuance thereof and
29 the issuance of any additional bonds payable from such
30 revenue income to be derived from the fairs, recreational,
31 theatrical, and cultural, expositions, sports activities,
32 exhibitions, office rentals, and air space leases and
33 rentals, and from other revenue, if any, the Authority may
34 execute and deliver a trust agreement or agreements; provided
-757- LRB9000879DJcd
1 that no lien upon any physical property of the Authority
2 shall be created thereby.
3 A remedy for any breach or default of the terms of any
4 such trust agreement by the Authority may be by mandamus
5 proceedings in any court of competent jurisdiction to compel
6 performance and compliance therewith, but the trust agreement
7 may prescribe by whom or on whose behalf such action may be
8 instituted.
9 Before any such bonds (excepting refunding bonds) are
10 sold, the entire authorized issue, or any part thereof, shall
11 be offered for sale as a unit after advertising for bids at
12 least 3 times in a daily newspaper of general circulation
13 published in the metropolitan area, the last publication to
14 be at least 10 days before bids are required to be filed.
15 Copies of such advertisement may be published in any
16 newspaper or financial publication in the United States. All
17 bids shall be sealed, filed and opened as provided by
18 ordinance and the bonds shall be awarded to the highest and
19 best bidder or bidders therefor. The Authority shall have
20 the right to reject all bids and to readvertise for bids in
21 the manner provided for in the initial advertisement.
22 However, if no bids are received, such bonds may be sold at
23 not less than par value, without further advertising, within
24 60 days after the bids are required to be filed pursuant to
25 any advertisement.
26 (Source: P.A. 86-907; 86-1028.)
27 (70 ILCS 325/6-12) (from Ch. 85, par. 7006-12)
28 Section 2-55. Bonds; nature of indebtedness. Sec. 6-12.
29 Under no circumstances shall any bonds issued by the
30 Authority be or become an indebtedness or obligation of the
31 State of Illinois or of any political subdivision of or
32 municipality within the State, nor shall any such bond or
33 obligation be or become an indebtedness of the Authority
-758- LRB9000879DJcd
1 within the purview of any constitutional limitation or
2 provision, and it shall be plainly stated on the face of each
3 such bond that it does not constitute such an indebtedness or
4 obligation but is payable solely from the revenues or income
5 as provided in this Article aforesaid.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/6-13) (from Ch. 85, par. 7006-13)
8 Section 2-60. Investment in bonds. Sec. 6-13. The State
9 and all counties, cities, villages, incorporated towns and
10 other municipal corporations, political subdivisions and
11 public bodies, and public officers of any thereof;, all
12 banks, bankers, trust companies, savings banks and
13 institutions, building and loan associations, savings and
14 loan associations, investment companies, and other persons
15 carrying on an insurance business; and all executors,
16 administrators, guardians, trustees and other fiduciaries may
17 legally invest any sinking funds, moneys or other funds
18 belonging to them or within their control in any bonds issued
19 pursuant to this Article, it being the purpose of this
20 Section to authorize the investment in such bonds of all
21 sinking, insurance, retirement, compensation, pension and
22 trust funds, whether owned or controlled by private or public
23 persons or officers; provided, however, that nothing
24 contained in this Section may be construed as relieving any
25 person from any duty of exercising reasonable care in
26 selecting securities for investment.
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/6-14) (from Ch. 85, par. 7006-14)
29 Section 2-75. Board members; financial matters; conflict
30 of interest. Sec. 6.14. * * * (nonstandard provisions
31 contained in Section 110-15) * * * The members of the Board
32 shall serve without compensation, but shall be reimbursed for
-759- LRB9000879DJcd
1 actual expenses incurred by them in the performance of their
2 duties.
3 No member of the Board or employee of the Authority shall
4 have any private financial interest, profit or benefit in any
5 contract, work or business of the Authority or nor in the
6 sale or lease of any property to or from the Authority.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/6-15) (from Ch. 85, par. 7006-15)
9 Section 2-80. Board members' oath. Sec. 6-15. * *
10 *(nonstandard provisions contained in Section 110-20)* * *
11 Within 30 days after certification of his or her appointment,
12 and before entering upon the duties of his or her office,
13 each member of the Board shall take and subscribe the
14 constitutional oath of office and file it in the office of
15 the Secretary of State.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/6-16) (from Ch. 85, par. 7006-16)
18 Section 2-85. Board members; vacancy in office. Sec.
19 6-16. Members of the Board shall hold office until their
20 respective successors have been appointed and qualified. Any
21 member may resign from office; the resignation takes to take
22 effect when the member's his or her successor has been
23 appointed and has qualified. * * * (nonstandard provisions
24 contained in Section 110-25) * * *
25 In case of failure to qualify within the time required,
26 or of abandonment of office, or in case of death, conviction
27 of a felony or removal from office, a member's office shall
28 become vacant. Each vacancy shall be filled for the
29 unexpired term by appointment in like manner, as in the case
30 of expiration of the term of a member of the Board.
31 (Source: P.A. 86-907.)
-760- LRB9000879DJcd
1 (70 ILCS 325/6-17) (from Ch. 85, par. 7006-17)
2 Section 2-90. Organization of the Board. Sec. 6-17. As
3 soon as practicably possible after the appointment of the
4 initial members, the Board shall organize for the transaction
5 of business, select a chairman chairperson and a temporary
6 secretary from its own number, and adopt by-laws and
7 regulations to govern its proceedings. The initial chairman
8 chairperson and his or her successors shall be elected by the
9 Board from time to time for the term of the chairman's his or
10 her office as a member of the Board or for the term of 3
11 years, whichever is shorter.
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/6-18) (from Ch. 85, par. 7006-18)
14 Section 2-95. Meetings; action by 5 Board members. Sec.
15 6-18. Regular meetings of the Board shall be held at least
16 once in each calendar month, the time and place of such
17 meetings to be fixed by the Board.
18 Five members of the Board shall constitute a quorum for
19 the transaction of business. All actions of the Board shall
20 be by ordinance or resolution and the affirmative vote of at
21 least 5 members shall be necessary for the adoption of any
22 ordinance or resolution.
23 All ordinances, resolutions and all proceedings of the
24 Authority and all documents and records in its possession
25 shall be public records, and open to public inspection,
26 except such documents and records as shall be kept or
27 prepared by the Board for use in negotiations, actions action
28 or proceedings to which the Authority is a party.
29 (Source: P.A. 86-907.)
30 (70 ILCS 325/6-19) (from Ch. 85, par. 7006-19)
31 Section 2-100. Secretary; treasurer. Sec. 6-19. The
32 Board shall appoint a secretary and a treasurer, who need not
-761- LRB9000879DJcd
1 be members of the Board, to hold office during the pleasure
2 of the Board, and shall fix their duties and compensation.
3 Before entering upon the duties of their respective offices,
4 they shall take and subscribe the constitutional oath of
5 office, and the treasurer shall execute a bond with corporate
6 sureties to be approved by the Board. The bond shall be
7 payable to the Authority in whatever penal sum may be
8 directed upon the faithful performance of the duties of the
9 office and the payment of all money received by the treasurer
10 him or her according to law and the orders of the Board. The
11 Board may, at any time, require a new bond from the treasurer
12 in a such penal sum as may then be determined by the Board.
13 The obligation of the sureties shall not extend to any loss
14 sustained by the insolvency, failure or closing of any
15 national or state bank wherein the treasurer has deposited
16 funds if the bank has been approved by the Board as a
17 depositary depository for those these funds. The oaths of
18 office and the treasurer's bond bonds shall be filed in the
19 principal office of the Authority.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/6-20) (from Ch. 85, par. 7006-20)
22 Section 2-105. Funds. Sec. 6-20. All funds deposited
23 by the treasurer in any bank shall be placed in the name of
24 the Authority and shall be withdrawn or paid out only by
25 check or draft upon the bank, signed by the treasurer and
26 countersigned by the chairman chairperson of the Board. The
27 Board may designate any of its members or any officer or
28 employee of the Authority to affix the signature of the
29 chairman chairperson and another to affix the signature of
30 the treasurer to any check or draft for payment of salaries
31 or wages and for payment of any other obligation of not more
32 than $2,500.
33 (Source: P.A. 86-907.)
-762- LRB9000879DJcd
1 (70 ILCS 325/6-21) (from Ch. 85, par. 7006-21)
2 Section 2-110. Signatures on checks or drafts. Sec.
3 6-21. In case any officer whose signature appears upon any
4 check or draft issued pursuant to this Article Act ceases
5 (after attaching his or her signature) to hold office after
6 attaching his or her signature and before the delivery of the
7 check or draft thereof to the payee, that his or her
8 signature, nevertheless, shall be valid and sufficient for
9 all purposes with the same effect as if the officer he or she
10 had remained in office until delivery.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/6-22) (from Ch. 85, par. 7006-22)
13 Section 2-115. General manager; other appointments. Sec.
14 6-22. The Board may appoint a general manager who shall be a
15 person of recognized ability and business experience, to hold
16 office during the pleasure of the Board. The general manager
17 shall have management of the properties and business of the
18 Authority and of the employees thereof subject to the general
19 control of the Board, shall direct the enforcement of all
20 ordinances, resolutions, rules and regulations of the Board,
21 and shall perform such other duties as may be prescribed from
22 time to time by the Board.
23 The Board may appoint a general attorney and a chief
24 engineer and shall provide for the appointment of such other
25 officers, attorneys, engineers, planners, consultants, agents
26 and employees as may be necessary. The Board It shall define
27 their duties and require bonds of such of them as the Board
28 may designate.
29 The general manager, general attorney, chief engineer,
30 and all other officers provided for, pursuant to this
31 Section, shall be exempt from taking and subscribing any oath
32 of office and shall not be members of the Board.
33 The compensation of the general manager, general
-763- LRB9000879DJcd
1 attorney, chief engineer, and all other officers, attorneys,
2 planners, consultants, agents and employees shall be fixed by
3 the Board.
4 (Source: P.A. 86-907.)
5 (70 ILCS 325/6-23) (from Ch. 85, par. 7006-23)
6 Section 2-122. Rules and regulations; penalties. Sec.
7 6-23. The Board shall have power to make all rules and
8 regulations, proper or necessary, to carry into effect the
9 powers granted to the Authority, with such penalties as may
10 be deemed proper.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/6-24) (from Ch. 85, par. 7006-24)
13 Section 2-125. Contracts; award to other than highest or
14 lowest bidder by vote of 5 Board members. Sec. 6-24. All
15 contracts for the sale of property of the value of more than
16 $2,500 or for a concession in or lease of property, including
17 air rights, of the Authority for a term of more than one year
18 shall be awarded to the highest responsible bidder, after
19 advertising for bids. All construction contracts and
20 contracts for supplies, materials, equipment and services,
21 when the expense thereof will exceed $2,500, shall be let to
22 the lowest responsible bidder after advertising for bids,
23 excepting (1) when repair parts, accessories, equipment or
24 services are required for equipment or services previously
25 furnished or contracted for; (2) when the nature of the
26 services required is such that competitive bidding is not in
27 the best interest of the public, including, without limiting
28 the generality of the foregoing, the services of accountants,
29 architects, attorneys, engineers, physicians, superintendents
30 of construction, and others possessing a high degree of
31 skill; and (3) when services such as water, light, heat,
32 power, telephone or telegraph are required.
-764- LRB9000879DJcd
1 All contracts involving less than $2,500 shall be let by
2 competitive bidding to the lowest responsible bidder whenever
3 possible, and, in any event, in a manner calculated to ensure
4 insure the best interests of the public. Competitive bidding
5 is not required for the lease of real estate or buildings
6 owned or controlled by the Authority. The Board is empowered
7 to offer such leases upon such terms as it deems advisable.
8 In determining the responsibility of any bidder, the
9 Board may take into account the past record records of
10 dealings with the bidder, the bidder's experience, adequacy
11 of equipment, and ability to complete performance within the
12 time set, and other factors besides financial responsibility,
13 but in no case shall any such contracts be awarded to any
14 other than the highest bidder (in case of sale, concession or
15 lease) or the lowest bidder (in case of purchase or
16 expenditure) unless authorized or approved by a vote of at
17 least 5 members of the Board, and unless such action is
18 accompanied by a statement in writing setting forth the
19 reasons for not awarding the contract to the highest or
20 lowest bidder, as the case may be, which statement shall be
21 kept on file in the principal office of the Authority and
22 open to public inspection.
23 Members of the Board, officers and employees of the
24 Authority, and their relatives within the fourth degree of
25 consanguinity by the terms of the civil law, are forbidden to
26 be interested directly or indirectly in any contract for
27 construction or maintenance work or for the delivery of
28 materials, supplies or equipment.
29 The Board shall have the right to reject all bids and to
30 readvertise for bids. If after any such advertisement no
31 responsible and satisfactory bid, within the terms of the
32 advertisement, shall be received, the Board may award such
33 contract without competitive bidding, provided that it shall
34 not be less advantageous to the Authority than any valid bid
-765- LRB9000879DJcd
1 received pursuant to advertisement.
2 The Board shall adopt rules and regulations to carry into
3 effect the provisions of this Section.
4 (Source: P.A. 86-907.)
5 (70 ILCS 325/6-25) (from Ch. 85, par. 7006-25)
6 Section 2-130. Bids and advertisements. Sec. 6-25.
7 Advertisements for bids shall be published at least twice in
8 a daily newspaper of general circulation published in the
9 metropolitan area, the last publication to be at least 10
10 calendar days before the time for receiving bids, and such
11 advertisements shall also be posted on readily accessible
12 bulletin boards in the principal office of the Authority.
13 Such advertisements shall state the time and place for
14 receiving and opening of bids and, by reference to plans and
15 specifications on file for receiving and opening of bids and
16 by reference to plans and specifications on file at the time
17 of the first publication, or in the advertisement itself,
18 shall describe the character of the proposed contract in
19 sufficient detail to fully advise prospective bidders of
20 their obligations and to ensure insure free and open
21 competitive bidding.
22 All bids in response to advertisements shall be sealed
23 and shall be publicly opened by the Board, and all bidders
24 shall be entitled to be present in person or by
25 representatives. Cash or a certified or satisfactory
26 cashier's check, as a deposit of good faith, in a reasonable
27 amount to be fixed by the Board before advertising for bids,
28 shall be required with the proposal of each bidder. Bond for
29 faithful performance of the contract with surety or sureties
30 satisfactory to the Board and adequate insurance may be
31 required in reasonable amounts to be fixed by the Board
32 before advertising for bids.
33 The contract shall be awarded as promptly as possible
-766- LRB9000879DJcd
1 after the opening of bids. The bid of the successful bidder,
2 as well as the bids of the unsuccessful bidders, shall be
3 placed on file and be open to public inspection. All bids
4 shall be void if any disclosure of the terms of any bid in
5 response to an advertisement is made or permitted to be made
6 by the Board before the time fixed for opening bids.
7 Section 2-132. Bidders; civil action to compel
8 compliance. Any bidder who has submitted a bid in compliance
9 with the requirements for bidding may bring a civil action in
10 the circuit court in the county in which the metropolitan
11 area is located to compel compliance with the provisions of
12 this Article relating to the awarding of contracts by the
13 Board.
14 (Source: P.A. 86-907.)
15 (70 ILCS 325/6-26) (from Ch. 85, par. 7006-26)
16 Section 110-30. Report and financial statement. Sec.
17 6-26. * * * (nonstandard provisions contained in Section
18 110-30) * * *
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/6-27) (from Ch. 85, par. 7006-27)
21 Section 2-140. State financial support. Sec. 6-27. The
22 Authority created by this Article shall receive financial
23 support from the State in the amounts provided for in Section
24 4 of the Metropolitan Civic Center Support Act, as now or
25 hereafter amended.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/6-28) (from Ch. 85, par. 7006-28)
28 Section 2-145. Antitrust laws. Sec. 6-28. The Authority
29 is hereby expressly made the beneficiary of the provisions of
30 Section 1 of the Local Government Antitrust Exemption Act "An
31 Act to make explicit the authorization for units of local
-767- LRB9000879DJcd
1 government and certain other governmental bodies to act as
2 permitted by statute or the Illinois Constitution,
3 notwithstanding effects on competition", amendatory veto
4 overridden November 3, 1983, as now or hereafter amended, and
5 the General Assembly intends that the "State action
6 exemption" to the application of the federal antitrust
7 anti-trust laws be fully available to the Authority to the
8 extent its activities are either (1) expressly or by
9 necessary implication authorized by this Article or other
10 Illinois law, or (2) within traditional areas of local
11 governmental activity.
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/6-29) (from Ch. 85, par. 7006-29)
14 Section 2-150. Tax exemption. Sec. 6-29. All property of
15 the Authority shall be exempt from taxation by the State or
16 any taxing unit therein.
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/6-30) (from Ch. 85, par. 7006-30)
19 Section 2-30. Prompt payment. Sec. 6-30. Purchases made
20 under pursuant to this Article shall be made in compliance
21 with the Local Government Prompt Payment Act, as now or
22 hereafter amended.
23 (Source: P.A. 86-907.)
24 PART 115. JASPER COUNTY CIVIC CENTER
25 (70 ILCS 220/4-1) (from Ch. 85, par. 4801)
26 Section 2-3. Purpose Sec. 4-1. The purpose of this
27 Article is to accomplish the aims of the State of Illinois to
28 enhance the ability of its citizens to avail themselves of
29 civic and cultural centers geographically situated throughout
30 the entire State of Illinois.
31 (Source: P.A. 84-245.)
-768- LRB9000879DJcd
1 (70 ILCS 220/4-2) (from Ch. 85, par. 4802)
2 Section 115-1. Short title. Sec. 4-2. * * *(nonstandard
3 provisions contained in Section 115-1)* * *
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/4-3) (from Ch. 85, par. 4803)
6 Section 2-5. Definitions. Sec. 4-3. When used In this
7 Article:
8 * * *(nonstandard provisions contained in Section 115-5)*
9 * *
10 "Governmental agency" means the federal government, the
11 State, and any unit of local government or school district
12 governmental body, and any agency or instrumentality,
13 corporate or otherwise, thereof.
14 "Person" means any individual, firm, partnership,
15 corporation, both domestic and foreign, company, association
16 or joint stock association; and includes any trustee,
17 receiver, assignee or personal representative thereof.
18 * * *(nonstandard provisions contained in Section 115-5)*
19 * *
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/4-4) (from Ch. 85, par. 4804)
22 Section 2-10. Lawsuits; common seal. Sec. 4-4. * *
23 *(nonstandard provisions contained in Section 115-10)* * *
24 (a) The Authority may sue and be sued in its corporate
25 name but execution shall not in any case issue against any
26 property of the Authority.
27 (b) The Authority It may adopt a common seal and change
28 the same at its pleasure. * * *(nonstandard provisions
29 contained in Section 115-10)* * *
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/4-5) (from Ch. 85, par. 4805)
-769- LRB9000879DJcd
1 Section 2-15. Duties; auditorium, recreational, and
2 other buildings; lease of space. Sec. 4-5. It shall be the
3 duty of the Authority to promote, operate and maintain
4 expositions, conventions, and theatrical, sports and cultural
5 activities from time to time in the metropolitan area and in
6 connection therewith to arrange, finance and maintain
7 industrial, cultural, educational, theatrical, sports, trade
8 and scientific exhibits and to construct, equip and maintain
9 auditorium, exposition, recreational and office buildings for
10 such purposes.
11 The provision of office space for lease and rental and
12 the lease of air space over and appurtenant to such
13 structures shall be deemed an integral function of the
14 Authority.
15 The Authority is granted all rights and powers necessary
16 to perform such duties.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/4-6) (from Ch. 85, par. 4806)
19 Section 2-20. Rights and powers, including eminent
20 domain. Sec. 4-6. The Authority shall have the following
21 rights and powers duties:
22 (a) To acquire, purchase, own, construct, lease as
23 lessee or in any other way acquire, improve, extend, repair,
24 reconstruct, regulate, operate, equip and maintain exhibition
25 centers, civic auditoriums, cultural facilities and office
26 buildings, including sites and parking areas and commercial
27 facilities therefor located within the metropolitan area;
28 (b) To plan for such grounds, centers and auditoriums
29 and to plan, sponsor, hold, arrange and finance fairs,
30 industrial, cultural, educational, trade and scientific
31 exhibits, shows and events and to use or allow the use of
32 such grounds, centers, and auditoriums for the holding of
33 fairs, exhibits, shows and events whether conducted by the
-770- LRB9000879DJcd
1 Authority or some other person or governmental agency;
2 (c) To exercise the right of eminent domain to acquire
3 sites for such grounds, centers, buildings and auditoriums,
4 and parking areas and facilities in the manner provided for
5 the exercise of the right of eminent domain under Article VII
6 of the Code of Civil Procedure, as amended;
7 (d) To fix and collect just, reasonable and
8 nondiscriminatory charges and rents for the use of such
9 parking areas and facilities, grounds, centers, buildings and
10 auditoriums and admission charges to fairs, shows, exhibits
11 and events sponsored or held by the Authority. The charges
12 collected may be made available to defray the reasonable
13 expenses of the Authority and to pay the principal of and the
14 interest on any bonds issued by the Authority;
15 (e) To enter into contracts treating in any manner with
16 the objects and purposes of this Article.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/4-7) (from Ch. 85, par. 4807)
19 Section 2-25. Incurring obligations. Sec. 4-7. The
20 Authority shall not incur any obligations for salaries or
21 for, office or administrative expenses except within the
22 amounts of funds that which will be available to it when such
23 obligations become payable.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/4-8) (from Ch. 85, par. 4808)
26 Section 2-35. Acquisition of property from person,
27 State, or local agency. Sec. 4-8. The Authority shall have
28 power (i) to acquire and accept by purchase, lease, gift or
29 otherwise any property or rights useful for the Authority's
30 purposes from any person or persons, from any municipal
31 corporation, body politic, or agency of the State, or from
32 the State itself, (ii) useful for its purposes, and to apply
-771- LRB9000879DJcd
1 for and accept grants, matching grants, loans or
2 appropriations from the State of Illinois or any agency or
3 instrumentality thereof to be used for any of the purposes of
4 the Authority, and (iii) to enter into any agreement with the
5 State of Illinois in relation to such grants, matching
6 grants, loans or appropriations.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/4-9) (from Ch. 85, par. 4809)
9 Section 2-40. Federal money. Sec. 4-9. The Authority
10 shall have the power (i) to apply for and accept grants,
11 matching grants, loans or appropriations from the federal
12 government or any agency or instrumentality thereof to be
13 used for any of the purposes of the Authority and (ii) to
14 enter into any agreement with the federal government in
15 relation to such grants, matching grants, loans or
16 appropriations.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/4-10) (from Ch. 85, par. 4810)
19 Section 2-45. Insurance. Sec. 4-10. The Authority shall
20 have the power to procure and enter into contracts for any
21 type of insurance and indemnity against loss or damage to
22 property from any cause, against loss of use and occupancy,
23 against employers' liability, against any act of any member,
24 officer, or employee of the Board or Authority in the
25 performance of the duties of the his office or employment,
26 and against or any other insurable risk.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/4-11) (from Ch. 85, par. 4811)
29 Section 115-13. Borrowing; revenue bonds. Sec. 4-11. * *
30 *(nonstandard provisions contained in Section 115-13)* * *
31 (Source: P.A. 84-245.)
-772- LRB9000879DJcd
1 (70 ILCS 220/4-12) (from Ch. 85, par. 4812)
2 Section 2-55. Bonds; nature of indebtedness. Sec. 4-12.
3 Under no circumstances shall any bonds issued by the
4 Authority be or become an indebtedness or obligation of the
5 State of Illinois or of any other political subdivision of or
6 municipality within the State, nor shall any such bond or
7 obligation be or become an indebtedness of the Authority
8 within the purview of any constitutional limitation or
9 provision, and it shall be plainly stated on the face of each
10 such bond that it does not constitute such an indebtedness or
11 obligation but is payable solely from the revenues or income
12 as provided in this Article aforesaid.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/4-13) (from Ch. 85, par. 4813)
15 Section 2-60. Investment in bonds. Sec. 4-13. The State
16 and all counties, cities, villages, incorporated towns and
17 other municipal corporations, political subdivisions and
18 public bodies, and public officers of any thereof;, all
19 banks, bankers, trust companies, savings banks and
20 institutions, building and loan associations, savings and
21 loan associations, investment companies and other persons
22 carrying on an insurance business; and all executors,
23 administrators, guardians, trustees and other fiduciaries may
24 legally invest any sinking funds, moneys or other funds
25 belonging to them or within their control in any bonds issued
26 pursuant to this Article, it being the purpose of this
27 Section to authorize the investment in such bonds of all
28 sinking, insurance, retirement, compensation, pension and
29 trust funds, whether owned or controlled by private or public
30 persons or officers; provided, however, that nothing
31 contained in this Section may be construed as relieving any
32 person from any duty of exercising reasonable care in
33 selecting securities for investment.
-773- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/4-14) (from Ch. 85, par. 4814)
3 Section 2-75. Board members; financial matters; conflict
4 of interest. Sec. 4-14. * * *(nonstandard provisions
5 contained in Section 115-15)* * * The members of the Board
6 shall serve without compensation, but shall be reimbursed for
7 actual expenses incurred by them in the performance of their
8 duties.
9 No member of the Board or employee of the Authority shall
10 have any private financial interest, profit or benefit in any
11 contract, work or business of the Authority or nor in the
12 sale or lease of any property to or from the Authority.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/4-15) (from Ch. 85, par. 4815)
15 Section 2-80. Board members' oath. Sec. 4-15. * *
16 *(nonstandard provisions contained in Section 115-20)* * *
17 Within 30 days after certification of his appointment, and
18 before entering upon the duties of his office, each member of
19 the Board shall take and subscribe the constitutional oath of
20 office and file it in the office of the Secretary of State.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/4-16) (from Ch. 85, par. 4816)
23 Section 2-85. Board members; vacancy in office. Sec.
24 4-16. Members of the Board shall hold office until their
25 respective successors have been appointed and qualified. Any
26 member may resign from his office; the resignation takes to
27 take effect when the member's his successor has been
28 appointed and has qualified. * * *(nonstandard provisions
29 contained in Section 115-25)* * *
30 In case of failure to qualify within the time required,
31 or of abandonment of his office, or in case of death,
-774- LRB9000879DJcd
1 conviction of a felony or removal from office, a member's his
2 office shall become vacant. Each vacancy shall be filled for
3 the unexpired term by appointment in like manner, as in the
4 case of expiration of the term of a member of the Board.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/4-17) (from Ch. 85, par. 4817)
7 Section 2-90. Organization of the Board. Sec. 4-17. As
8 soon as practicably possible after the appointment of the
9 initial members, the Board shall organize for the transaction
10 of business, select a chairman and a temporary secretary from
11 its own number, and adopt by-laws and regulations to govern
12 its proceedings. The initial chairman and his successors
13 shall be elected by the Board from time to time for the term
14 of the chairman's his office as a member of the Board or for
15 the term of 3 years, whichever is shorter.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/4-18) (from Ch. 85, par. 4818)
18 Section 2-95. Meetings; action by 5 Board members. Sec.
19 4-18. Regular meetings of the Board shall be held at least
20 once in each calendar month, the time and place of such
21 meetings to be fixed by the Board.
22 Five members of the Board shall constitute a quorum for
23 the transaction of business. All actions of the Board shall
24 be by ordinance or resolution and the affirmative vote of at
25 least 5 members shall be necessary for the adoption of any
26 ordinance or resolution.
27 All ordinances, resolutions and all proceedings of the
28 Authority and all documents and records in its possession
29 shall be public records, and open to public inspection,
30 except such documents and records as shall be kept or
31 prepared by the Board for use in negotiations, actions action
32 or proceedings to which the Authority is a party.
-775- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/4-19) (from Ch. 85, par. 4819)
3 Section 2-100. Secretary; treasurer. Sec. 4-19. The
4 Board shall appoint a secretary and a treasurer, who need not
5 be members of the Board, to hold office during the pleasure
6 of the Board, and shall fix their duties and compensation.
7 Before entering upon the duties of their respective offices
8 they shall take and subscribe the constitutional oath of
9 office, and the treasurer shall execute a bond with corporate
10 sureties to be approved by the Board. The bond shall be
11 payable to the Authority in whatever penal sum may be
12 directed upon the faithful performance of the duties of the
13 office and the payment of all money received by the treasurer
14 him according to law and the orders of the Board. The Board
15 may, at any time, require a new bond from the treasurer in a
16 such penal sum as may then be determined by the Board. The
17 obligation of the sureties shall not extend to any loss
18 sustained by the insolvency, failure or closing of any
19 national or state bank wherein the treasurer has deposited
20 funds if the bank has been approved by the Board as a
21 depositary for those these funds. The oaths of office and
22 the treasurer's bond shall be filed in the principal office
23 of the Authority.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/4-20) (from Ch. 85, par. 4820)
26 Section 2-105. Funds. Sec. 4-20. All funds deposited by
27 the treasurer in any bank shall be placed in the name of the
28 Authority and shall be withdrawn or paid out only by check or
29 draft upon the bank, signed by the treasurer and
30 countersigned by the chairman of the Board. The Board may
31 designate any of its members or any officer or employee of
32 the Authority to affix the signature of the chairman and
-776- LRB9000879DJcd
1 another to affix the signature of the treasurer to any check
2 or draft for payment of salaries or wages and for payment of
3 any other obligation of not more than $2,500.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/4-21) (from Ch. 85, par. 4821)
6 Section 2-110. Signatures on checks or drafts. Sec.
7 4-21. In case any officer whose signature appears upon any
8 check or draft, issued pursuant to this Article Act, ceases
9 (after attaching his signature) to hold his office after
10 attaching his or her signature and before the delivery of the
11 check or draft thereof to the payee, that his signature
12 nevertheless shall be valid and sufficient for all purposes
13 with the same effect as if the officer he had remained in
14 office until delivery.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/4-22) (from Ch. 85, par. 4822)
17 Section 2-115. General manager; other appointments.
18 Sec. 4-22. The Board may appoint a general manager who shall
19 be a person of recognized ability and business experience,
20 to hold office during the pleasure of the Board. The general
21 manager shall have management of the properties and business
22 of the Authority and of the employees thereof subject to the
23 general control of the Board, shall direct the enforcement of
24 all ordinances, resolutions, rules and regulations of the
25 Board, and shall perform such other duties as may be
26 prescribed from time to time by the Board.
27 The Board may appoint a general attorney and a chief
28 engineer and shall provide for the appointment of such other
29 officers, attorneys, engineers, planners, consultants, agents
30 and employees as may be necessary. The Board It shall define
31 their duties and require bonds of such of them as the Board
32 may designate.
-777- LRB9000879DJcd
1 The general manager, general attorney, chief engineer,
2 and all other officers provided for pursuant to this Section
3 shall be exempt from taking and subscribing any oath of
4 office and shall not be members of the Board.
5 The compensation of the general manager, general
6 attorney, chief engineer, and all other officers, attorneys,
7 planners, consultants, agents and employees shall be fixed by
8 the Board.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/4-23) (from Ch. 85, par. 4823)
11 Section 2-122. Rules and regulations; penalties. Sec.
12 4-23. The Board shall have power to make all rules and
13 regulations proper or necessary to carry into effect the
14 powers granted to the Authority, with such penalties as may
15 be deemed proper.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/4-24) (from Ch. 85, par. 4824)
18 Section 2-125. Contracts; award to other than highest or
19 lowest bidder by vote of 5 Board members. Sec. 4-24. All
20 contracts for the sale of property of the value of more than
21 $2,500 or for a concession in or lease of property, including
22 air rights, of the Authority for a term of more than one year
23 shall be awarded to the highest responsible bidder, after
24 advertising for bids. All construction contracts and
25 contracts for supplies, materials, equipment and services,
26 when the expense thereof will exceed $2,500, shall be let to
27 the lowest responsible bidder, after advertising for bids,
28 excepting (1) when repair parts, accessories, equipment or
29 services are required for equipment or services previously
30 furnished or contracted for; (2) when the nature of the
31 services required is such that competitive bidding is not in
32 the best interest of the public, including, without limiting
-778- LRB9000879DJcd
1 the generality of the foregoing, the services of accountants,
2 architects, attorneys, engineers, physicians, superintendents
3 of construction, and others possessing a high degree of
4 skill; and (3) when services such as water, light, heat,
5 power, telephone or telegraph are required.
6 All contracts involving less than $2,500 shall be let by
7 competitive bidding to the lowest responsible bidder whenever
8 possible, and in any event in a manner calculated to ensure
9 insure the best interests of the public. Competitive bidding
10 is not required for the lease of real estate or buildings
11 owned or controlled by the Authority. The Board is empowered
12 to offer such leases upon such terms as it deems advisable.
13 In determining the responsibility of any bidder, the
14 Board may take into account the past record of dealings with
15 the bidder, the bidder's experience, adequacy of equipment,
16 and ability to complete performance within the time set, and
17 other factors besides financial responsibility, but in no
18 case shall any such contracts be awarded to any other than
19 the highest bidder (in case of sale, concession or lease) or
20 the lowest bidder (in case of purchase or expenditure) unless
21 authorized or approved by a vote of at least 5 members of the
22 Board, and unless such action is accompanied by a statement
23 in writing setting forth the reasons for not awarding the
24 contract to the highest or lowest bidder, as the case may be,
25 which statement shall be kept on file in the principal office
26 of the Authority and open to public inspection.
27 Members of the Board, officers and employees of the
28 Authority, and their relatives within the fourth degree of
29 consanguinity by the terms of the civil law, are forbidden to
30 be interested directly or indirectly in any contract for
31 construction or maintenance work or for the delivery of
32 materials, supplies or equipment.
33 The Board shall have the right to reject all bids and to
34 readvertise for bids. If after any such advertisement no
-779- LRB9000879DJcd
1 responsible and satisfactory bid, within the terms of the
2 advertisement, shall be received, the Board may award such
3 contract, without competitive bidding, provided that it shall
4 not be less advantageous to the Authority than any valid bid
5 received pursuant to advertisement.
6 The Board shall adopt rules and regulations to carry into
7 effect the provisions of this Section.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/4-25) (from Ch. 85, par. 4825)
10 Section 2-130. Bids and advertisements. Sec. 4-25.
11 Advertisements Advertisement for bids shall be published at
12 least twice in a daily newspaper of general circulation
13 published in the metropolitan area, the last publication to
14 be at least 10 calendar days before the time for receiving
15 bids, and such advertisements shall also be posted on readily
16 accessible bulletin boards in the principal office of the
17 Authority. Such advertisements shall state the time and
18 place for receiving and opening of bids, and, by reference to
19 plans and specifications on file at the time of the first
20 publication, or in the advertisement itself, shall describe
21 the character of the proposed contract in sufficient detail
22 to fully advise prospective bidders of their obligations and
23 to ensure insure free and open competitive bidding.
24 All bids in response to advertisements shall be sealed
25 and shall be publicly opened by the Board, and all bidders
26 shall be entitled to be present in person or by
27 representatives. Cash or a certified or satisfactory
28 cashier's check, as a deposit of good faith, in a reasonable
29 amount to be fixed by the Board before advertising for bids,
30 shall be required with the proposal of each bidder. Bond for
31 faithful performance of the contract with surety or sureties
32 satisfactory to the Board and adequate insurance may be
33 required in reasonable amounts to be fixed by the Board
-780- LRB9000879DJcd
1 before advertising for bids.
2 The contract shall be awarded as promptly as possible
3 after the opening of bids. The bid of the successful bidder,
4 as well as the bids of the unsuccessful bidders, shall be
5 placed on file and be open to public inspection. All bids
6 shall be void if any disclosure of the terms of any bid in
7 response to an advertisement is made or permitted to be made
8 by the Board before the time fixed for opening bids.
9 * * *(nonstandard provisions contained in Section
10 115-30)* * *
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/4-26) (from Ch. 85, par. 4826)
13 Section 2-135. Report and financial statement. Sec.
14 4-26. As soon after the end of each fiscal year as may be
15 expedient, the Board shall cause to be prepared and printed a
16 complete and detailed report and financial statement of its
17 operations and of its assets and liabilities. A reasonably
18 sufficient number of copies of such report shall be printed
19 for distribution to persons interested, upon request and a
20 copy thereof shall be filed with the county clerk and the
21 appointing officers.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/4-27) (from Ch. 85, par. 4827)
24 Section 2-140. State financial support. Sec. 4-27. The
25 Authority Authorities created by this Article Act shall
26 receive financial support from the State in the amounts
27 provided for in Section 4 of the Metropolitan Civic Center
28 Support Act.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/4-28) (from Ch. 85, par. 4828)
31 Section 2-145. Antitrust laws. Sec. 4-28. The Authority
-781- LRB9000879DJcd
1 is hereby expressly made the beneficiary of the provisions of
2 Section 1 of the Local Government Antitrust Exemption Act "An
3 Act to make explicit the authorization for units of local
4 government and certain other governmental bodies to act as
5 permitted by statute or the Illinois Constitution,
6 notwithstanding effects on competition", amendatory veto
7 overridden November 3, 1983, and the General Assembly intends
8 that the "State action exemption" to the application of the
9 federal antitrust anti-trust laws be fully available to the
10 Authority to the extent its activities are either (1)
11 expressly or by necessary implication authorized by this
12 Article or other Illinois law, or (2) within traditional
13 areas of local governmental activity.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/4-29) (from Ch. 85, par. 4829)
16 Section 2-150. Tax exemption. Sec. 4-29. All property
17 of the Authority shall be exempt from taxation by the State
18 or any taxing unit therein.
19 (Source: P.A. 84-245.)
20 PART 120. JEFFERSON COUNTY CIVIC CENTER
21 (70 ILCS 280/1-1) (from Ch. 85, par. 2701)
22 Section 2-3. Purpose. Sec. 1-1. The purpose of this
23 Article Act is to accomplish the aims of the State of
24 Illinois to enhance the ability of its citizens to avail
25 themselves of civic and cultural centers geographically
26 situated throughout the entire State of Illinois.
27 (Source: P.A. 83-911.)
28 (70 ILCS 280/1-2) (from Ch. 85, par. 2702)
29 Section 120-1. Short title. * * *(nonstandard provisions
30 contained in Section 120-1) * * *
31 (Source: P.A. 83-1451.)
-782- LRB9000879DJcd
1 (70 ILCS 280/1-3) (from Ch. 85, par. 2703)
2 Section 2-5. Definitions. Sec. 1-3. When used In this
3 Article Act: * * *(nonstandard provisions contained in
4 Section 120-5)* * *
5 "Governmental agency" means the federal government, the
6 State, and any unit of local government or school district
7 governmental body, and any agency or instrumentality,
8 corporate or otherwise, thereof.
9 "Person" means any individual, firm, partnership,
10 corporation, both domestic and foreign, company, association
11 or joint stock association; and includes any trustee,
12 receiver, assignee or personal representative thereof. * *
13 *(nonstandard provisions contained in Section 120-5)* * *
14 (Source: P.A. 83-1451.)
15 (70 ILCS 280/1-4) (from Ch. 85, par. 2704)
16 Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
17 *(nonstandard provisions contained in Section 120-10) * * *
18 (a) The Authority may sue and be sued in its corporate
19 name but execution shall not in any case issue against any
20 property of the Authority.
21 (b) The Authority It may adopt a common seal and change
22 the same at its pleasure. * * *(nonstandard provisions
23 contained in Section 120-10) * * *
24 (Source: P.A. 83-1451.)
25 (70 ILCS 280/1-5) (from Ch. 85, par. 2705)
26 Section 2-16. Duties; auditorium and other buildings;
27 lease of space. Sec.1-5. It shall be the duty of the
28 Authority to promote, operate and maintain expositions,
29 conventions, and theatrical, sports and cultural activities
30 from time to time in the metropolitan area and in connection
31 therewith to arrange, finance and maintain industrial,
32 cultural, educational, theatrical, sports, trade and
-783- LRB9000879DJcd
1 scientific exhibits and to construct, equip and maintain
2 auditorium, exposition and office buildings for such
3 purposes.
4 The provision of office space for lease and rental and
5 lease and the lease of air space over and appurtenant to such
6 structures shall be deemed an integral function of the
7 Authority.
8 The Authority is granted all rights and powers necessary
9 to perform such duties.
10 (Source: P.A. 83-911.)
11 (70 ILCS 280/1-6) (from Ch. 85, par. 2706)
12 Section 2-20. Rights and powers, including eminent
13 domain. Sec. 1-6. The Authority shall have the following
14 rights and powers duties:
15 (a) To acquire, purchase, own, construct, lease as
16 lessee or in any other way acquire, improve, extend, repair,
17 reconstruct, regulate, operate, equip and maintain exhibition
18 centers, civic auditoriums, cultural facilities and office
19 buildings, including sites and parking areas and commercial
20 facilities therefor located within the metropolitan area;
21 (b) To plan for such grounds, centers and auditoriums
22 and to plan, sponsor, hold, arrange and finance fairs,
23 industrial, cultural, educational, trade and scientific
24 exhibits, shows and events and to use or allow the use of
25 such grounds, centers, and auditoriums for the holding of
26 fairs, exhibits, shows and events whether conducted by the
27 Authority or some other person or governmental agency;
28 (c) To exercise the right of eminent domain to acquire
29 sites for such grounds, centers, buildings and auditoriums,
30 and parking areas and facilities in the manner provided for
31 the exercise of the right of eminent domain under Article VII
32 of the Code of Civil Procedure, as amended;
33 (d) To fix and collect just, reasonable and
-784- LRB9000879DJcd
1 nondiscriminatory charges and rents for the use of such
2 parking areas and facilities, grounds, centers, buildings and
3 auditoriums and admission charges to fairs, shows, exhibits
4 and events sponsored or held by the Authority. The charges
5 collected may be made available to defray the reasonable
6 expenses of the Authority and to pay the principal of and the
7 interest on any bonds issued by the Authority;
8 (e) To enter into contracts treating in any manner with
9 the objects and purposes of this Article Act.
10 (Source: P.A. 83-911.)
11 (70 ILCS 280/1-7) (from Ch. 85, par. 2707)
12 Section 2-25. Incurring obligations. Sec. 1-7. The
13 Authority shall not incur any obligations for salaries, or
14 for office or administrative expenses except within the
15 amounts of funds that which will be available to it when such
16 obligations become payable.
17 (Source: P.A. 83-911.)
18 (70 ILCS 280/1-7.1) (from Ch. 85, par. 2707.1)
19 Section 2-30. Prompt payment. Sec. 1-7.1. Purchases
20 made under pursuant to this Article Act shall be made in
21 compliance with the "Local Government Prompt Payment Act",
22 approved by the Eighty-fourth General Assembly.
23 (Source: P.A. 84-731.)
24 (70 ILCS 280/1-8) (from Ch. 85, par. 2708)
25 Section 2-35. Acquisition of property from person,
26 State, or local agency. Sec. 1-8. The Authority shall have
27 power (i) to acquire and accept by purchase, lease, gift or
28 otherwise any property or rights useful for the Authority's
29 purposes from any person or persons, from any municipal
30 corporation, body politic, or agency of the State, or from
31 the State itself, useful for its purposes, and (ii) to apply
-785- LRB9000879DJcd
1 for and accept grants, matching grants, loans or
2 appropriations from the State of Illinois or any agency or
3 instrumentality thereof to be used for any of the purposes of
4 the Authority, and (iii) to enter into any agreement with the
5 State of Illinois in relation to such grants, matching
6 grants, loans or appropriations.
7 (Source: P.A. 83-911.)
8 (70 ILCS 280/1-9) (from Ch. 85, par. 2709)
9 Section 2-40. Federal money. Sec. 1-9. The Authority
10 shall have the power (i) to apply for and accept grants,
11 matching grants, loans or appropriations from the federal
12 government or any agency or instrumentality thereof to be
13 used for any of the purposes of the Authority and (ii) to
14 enter into any agreement with the federal government in
15 relation to such grants, matching grants, loans or
16 appropriations.
17 (Source: P.A. 83-911.)
18 (70 ILCS 280/1-10) (from Ch. 85, par. 2710)
19 Section 2-45. Insurance. Sec. 1-10. The Authority shall
20 have the power to procure and enter into contracts for any
21 type of insurance and indemnity against loss or damage to
22 property from any cause, against loss of use and occupancy,
23 against employers' liability, against any act of any member,
24 officer, or employee of the Board or Authority in the
25 performance of the duties of the his office or employment,
26 and against or any other insurable risk.
27 (Source: P.A. 83-911.)
28 (70 ILCS 280/1-11) (from Ch. 85, par. 2711)
29 Section 2-50. Borrowing; revenue bonds; suits to compel
30 performance. Sec. 1-11. The Authority shall have continuing
31 power to borrow money for the purpose of carrying out and
-786- LRB9000879DJcd
1 performing its duties and exercising its powers under this
2 Article Act.
3 For the purpose of evidencing the obligation of the
4 Authority to repay any money borrowed as aforesaid, the
5 Authority may, pursuant to an ordinance adopted by the Board,
6 from time to time issue and dispose of its interest bearing
7 revenue bonds, and may also from time to time issue and
8 dispose of its interest bearing revenue bonds to refund any
9 bonds at maturity or pursuant to redemption provisions or at
10 any time before maturity with the consent of the holders
11 thereof. All such bonds shall be payable solely from the
12 revenues or income to be derived from the fairs, expositions,
13 exhibitions, rentals and leases and other authorized
14 activities operated by it, and from funds, if any, received
15 and to be received by the Authority from any other source.
16 Such bonds may bear such date or dates, may mature at such
17 time or times not exceeding 40 forty years from their
18 respective dates, may bear interest at such rate or rates,
19 not exceeding the maximum rate permitted by the Bond
20 Authorization Act "An Act to authorize public corporations to
21 issue bonds, other evidences of indebtedness and tax
22 anticipation warrants subject to interest rate limitations
23 set forth therein", approved May 26, 1970, as amended, may be
24 in such form, may carry such registration privileges, may be
25 executed in such manner, may be payable at such place or
26 places, may be made subject to redemption in such manner and
27 upon such terms, with or without premium as is stated on the
28 face thereof, may be executed in such manner, and may contain
29 such terms and covenants, all as may be provided in said
30 ordinance. In case any officer whose signature appears on any
31 bond ceases (after attaching his signature) to hold office,
32 his signature shall nevertheless be valid and effective for
33 all purposes. The holder or holders of any bonds, or interest
34 coupons appertaining thereto issued by the Authority may
-787- LRB9000879DJcd
1 bring suits at law or proceedings in equity to compel the
2 performance and observance by the Authority or any of its
3 officers, agents or employees of or any contract or covenant
4 made by the Authority with the holders of such bonds or
5 interest coupons, and to compel the Authority or and any of
6 its officers, agents or employees to perform any duties
7 required to be performed for the benefit of the holders of
8 any such bonds or interest coupons by the provisions of the
9 ordinance authorizing their issuance, and to enjoin the
10 Authority and any of its officers, agents or employees from
11 taking any action in conflict with any such contract or
12 covenant.
13 Notwithstanding the form and tenor of any such bonds and
14 in the absence of any express recital on the face thereof
15 that it is non-negotiable, all such bonds shall be negotiable
16 instruments under the Uniform Commercial Code.
17 From and after the issuance of any bonds as herein
18 provided it shall be the duty of the corporate authorities of
19 the Authority to fix and establish rates, charges, rents, and
20 fees for the use of facilities acquired, constructed,
21 reconstructed, extended or improved with the proceeds of the
22 sale of said bonds sufficient at all times, with other
23 revenues of the Authority, to pay:
24 (a) the cost of maintaining, repairing, regulating and
25 operating the said facilities; and
26 (b) the bonds and interest thereon as they shall become
27 due, and all sinking fund requirements and other requirements
28 provided by the ordinance authorizing the issuance of the
29 bonds or as provided by any trust agreement executed to
30 secure payment thereof.
31 To secure the payment of any or all of such bonds and for
32 the purpose of setting forth the covenants and undertakings
33 of the Authority in connection with the issuance thereof and
34 the issuance of any additional bonds payable from such
-788- LRB9000879DJcd
1 revenue income to be derived from the fairs, recreational,
2 theatrical, and cultural, expositions, sports sport
3 activities, exhibitions, office rentals, and air space leases
4 and rentals, and from other revenue, if any, the Authority
5 may execute and deliver a trust agreement or agreements;
6 provided that no lien upon any physical property of the
7 Authority shall be created thereby.
8 A remedy for any breach or default of the terms of any
9 such trust agreement by the Authority may be by mandamus
10 proceedings in any court of competent jurisdiction to compel
11 performance and compliance therewith, but the trust agreement
12 may prescribe by whom or on whose behalf such action may be
13 instituted.
14 Before any such bonds (excepting refunding bonds) are
15 sold, the entire authorized issue, or any part thereof, shall
16 be offered for sale as a unit after advertising for bids at
17 least 3 three times in a daily newspaper of general
18 circulation published in the metropolitan area, the last
19 publication to be at least 10 ten days before bids are
20 required to be filed. Copies of such advertisement may be
21 published in any newspaper or financial publication in the
22 United States. All bids shall be sealed, filed and opened as
23 provided by ordinance and the bonds shall be awarded to the
24 highest and best bidder or bidders therefor. The Authority
25 shall have the right to reject all bids and to readvertise
26 for bids in the manner provided for in the initial
27 advertisement. However, if no bids are received such bonds
28 may be sold at not less than par value, without further
29 advertising, within 60 days after the bids are required to be
30 filed pursuant to any advertisement.
31 (Source: P.A. 83-911.)
32 (70 ILCS 280/1-12) (from Ch. 85, par. 2712)
33 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
-789- LRB9000879DJcd
1 Under no circumstances shall any bonds issued by the
2 Authority be or become an indebtedness or obligation of the
3 State of Illinois or of any other political subdivision of
4 or municipality within the State, nor shall any such bond or
5 obligation be or become an indebtedness of the Authority
6 within the purview of any constitutional limitation or
7 provision, and it shall be plainly stated on the face of each
8 such bond that it does not constitute such an indebtedness or
9 obligation but is payable solely from the revenues or income
10 as provided in this Article aforesaid.
11 (Source: P.A. 83-911.)
12 (70 ILCS 280/1-13) (from Ch. 85, par. 2713)
13 Section 2-60. Investment in bonds. Sec. 1-13. The State
14 and all counties, cities, villages, incorporated towns and
15 other municipal corporations, political subdivisions and
16 public bodies, and public officers of any thereof;, all
17 banks, bankers, trust companies, savings banks and
18 institutions, building and loan associations, savings and
19 loan associations, investment companies and other persons
20 carrying on an insurance business; and all executors,
21 administrators, guardians, trustees and other fiduciaries may
22 legally invest any sinking funds, moneys or other funds
23 belonging to them or within their control in any bonds issued
24 pursuant to this Article Act, it being the purpose of this
25 Section to authorize the investment in such bonds of all
26 sinking, insurance, retirement, compensation, pension and
27 trust funds, whether owned or controlled by private or public
28 persons or officers; provided, however, that nothing
29 contained in this Section may be construed as relieving any
30 person from any duty of exercising reasonable care in
31 selecting securities for investment.
32 (Source: P.A. 83-911.)
-790- LRB9000879DJcd
1 (70 ILCS 280/1-14) (from Ch. 85, par. 2714)
2 Section 2-75. Board members; financial matters; conflict
3 of interest. Sec. 1-14. * * *(nonstandard provisions
4 contained in Section 120-15)* * * The members of the Board
5 shall serve without compensation, but shall be reimbursed for
6 actual expenses incurred by them in the performance of their
7 duties.
8 No member of the Board or employee of the Authority shall
9 have any private financial interest, profit or benefit in any
10 contract, work or business of the Authority or nor in the
11 sale or lease of any property to or from the Authority.
12 (Source: P.A. 83-1451.)
13 (70 ILCS 280/1-15) (from Ch. 85, par. 2715)
14 Section 2-80. Board members' oath. Sec. 1-15.* *
15 *(nonstandard provisions contained in Section 120-20) * * *
16 Within 30 days after certification of his appointment, and
17 before entering upon the duties of his office, each member of
18 the Board shall take and subscribe the constitutional oath of
19 office and file it in the office of the Secretary of State.
20 (Source: P.A. 83-911.)
21 (70 ILCS 280/1-16) (from Ch. 85, par. 2716)
22 Section 2-85. Board members; vacancy in office. Sec.
23 1-16. Members of the Board shall hold office until their
24 respective successors have been appointed and qualified. Any
25 member may resign from his office; the resignation takes to
26 take effect when the member's his successor has been
27 appointed and has qualified.
28 Section 2-83. Removal of Board member from office. The
29 appointing officer may remove any member of the Board
30 appointed by the officer him, in case of incompetency,
31 neglect of duty, or malfeasance in office, after service on
32 the member him, by registered United States mail, return
-791- LRB9000879DJcd
1 requested, of a copy of the written charges against the
2 member him and an opportunity to be publicly heard in person
3 or by counsel in the member's his own defense upon not less
4 than 10 days' notice.
5 (Section 2-85, resumed)
6 In case of failure to qualify within the time required,
7 or of abandonment of his office, or in case of death,
8 conviction of a felony or removal from office, a member's his
9 office shall become vacant. Each vacancy shall be filled for
10 the unexpired term by appointment in like manner, as in the
11 case of expiration of the term of a member of the Board.
12 (Source: P.A. 83-911.)
13 (70 ILCS 280/1-17) (from Ch. 85, par. 2717)
14 Section 2-90. Organization of the Board. Sec. 1-17. As
15 soon as practicably possible after the appointment of the
16 initial members, the Board shall organize for the transaction
17 of business, select a chairman and a temporary secretary from
18 its own number, and adopt by-laws and regulations to govern
19 its proceedings. The initial chairman and his successors
20 shall be elected by the Board from time to time for the term
21 of the chairman's his office as a member of the Board or for
22 the term of 3 years, whichever is shorter.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/1-18) (from Ch. 85, par. 2718)
25 Section 2-96. Meetings; action by 4 Board members. Sec.
26 1-18. Regular meetings of the Board shall be held at least
27 once in each calendar month, the time and place of such
28 meetings to be fixed by the Board.
29 Four members of the Board shall constitute a quorum for
30 the transaction of business. All actions of the Board shall
31 be by ordinance or resolution and the affirmative vote of at
32 least 4 members shall be necessary for the adoption of any
-792- LRB9000879DJcd
1 ordinance or resolution.
2 All ordinances, resolutions and all proceedings of the
3 Authority and all documents and records in its possession
4 shall be public records, and open to public inspection,
5 except such documents and records as shall be kept or
6 prepared by the Board for use in negotiations, actions action
7 or proceedings to which the Authority is a party.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/1-19) (from Ch. 85, par. 2719)
10 Section 2-100. Secretary; treasurer. Sec. 1-19. The
11 Board shall appoint a secretary and a treasurer, who need not
12 be members of the Board, to hold office during the pleasure
13 of the Board, and shall fix their duties and compensation.
14 Before entering upon the duties of their respective offices
15 they shall take and subscribe the constitutional oath of
16 office, and the treasurer shall execute a bond with corporate
17 sureties to be approved by the Board. The bond shall be
18 payable to the Authority in whatever penal sum may be
19 directed upon the faithful performance of the duties of the
20 office and the payment of all money received by the treasurer
21 him according to law and the orders of the Board. The Board
22 may, at any time, require a new bond from the treasurer in a
23 such penal sum as may then be determined by the Board. The
24 obligation of the sureties shall not extend to any loss
25 sustained by the insolvency, failure or closing of any
26 national or state bank wherein the treasurer has deposited
27 funds if the bank has been approved by the Board as a
28 depositary for those these funds. The oaths of office and
29 the treasurer's bond shall be filed in the principal office
30 of the Authority.
31 (Source: P.A. 83-911.)
32 (70 ILCS 280/1-20) (from Ch. 85, par. 2720)
-793- LRB9000879DJcd
1 Section 2-105. Funds. Sec. 1-20. All funds deposited by
2 the treasurer in any bank shall be placed in the name of the
3 Authority and shall be withdrawn or paid out only by check or
4 draft upon the bank, signed by the treasurer and
5 countersigned by the chairman of the Board. The Board may
6 designate any of its members or any officer or employee of
7 the Authority to affix the signature of the chairman and
8 another to affix the signature of the treasurer to any check
9 or draft for payment of salaries or wages and for payment of
10 any other obligation of not more than $2,500.
11 (Source: P.A. 83-911.)
12 (70 ILCS 280/1-21) (from Ch. 85, par. 2721)
13 Section 2-110. Signatures on checks or drafts. Sec.
14 1-21. In case any officer whose signature appears upon any
15 check or draft, issued pursuant to this Article Act, ceases
16 to hold office (after attaching his or her signature) to hold
17 his office and before the delivery of the check or draft
18 thereof to the payee, that his signature nevertheless shall
19 be valid and sufficient for all purposes with the same effect
20 as if the officer he had remained in office until delivery.
21 (Source: P.A. 83-911.)
22 (70 ILCS 280/1-22) (from Ch. 85, par. 2722)
23 Section 2-115. General manager; other appointments. Sec.
24 1-22. The Board may appoint a general manager who shall be a
25 person of recognized ability and business experience, to
26 hold office during the pleasure of the Board. The general
27 manager shall have management of the properties and business
28 of the Authority and of the employees thereof subject to the
29 general control of the Board, shall direct the enforcement of
30 all ordinances, resolutions, rules and regulations of the
31 Board, and shall perform such other duties as may be
32 prescribed from time to time by the Board.
-794- LRB9000879DJcd
1 The Board may appoint a general attorney and a chief
2 engineer and shall provide for the appointment of such other
3 officers, attorneys, engineers, planners, consultants, agents
4 and employees as may be necessary. The Board It shall define
5 their duties and require bonds of such of them as the Board
6 may designate.
7 The general manager, general attorney, chief engineer,
8 and all other officers provided for pursuant to this Section
9 shall be exempt from taking and subscribing any oath of
10 office and shall not be members of the Board.
11 The compensation of the general manager, general
12 attorney, chief engineer, and all other officers, attorneys,
13 planners, consultants, agents and employees shall be fixed by
14 the Board.
15 (Source: P.A. 83-911.)
16 (70 ILCS 280/1-23) (from Ch. 85, par. 2723)
17 Section 2-122. Rules and regulations; penalties. Sec.
18 1-23. The Board shall have power to make all rules and
19 regulations proper or necessary to carry into effect the
20 powers granted to the Authority, with such penalties as may
21 be deemed proper.
22 (Source: P.A. 83-911.)
23 (70 ILCS 280/1-24) (from Ch. 85, par. 2724)
24 Section 2-125. Contracts; award to other than highest or
25 lowest bidder by vote of 5 Board members. Sec. 1-24. All
26 contracts for the sale of property of the value of more than
27 $2,500 or for a concession in or lease of property, including
28 air rights, of the Authority for a term of more than one year
29 shall be awarded to the highest responsible bidder, after
30 advertising for bids. All construction contracts and
31 contracts for supplies, materials, equipment and services,
32 when the expense thereof will exceed $2,500, shall be let to
-795- LRB9000879DJcd
1 the lowest responsible bidder, after advertising for bids,
2 excepting (1) when repair parts, accessories, equipment or
3 services are required for equipment or services previously
4 furnished or contracted for; (2) when the nature of the
5 services required is such that competitive bidding is not in
6 the best interest of the public, including, without limiting
7 the generality of the foregoing, the services of accountants,
8 architects, attorneys, engineers, physicians, superintendents
9 of construction, and others possessing a high degree of
10 skill; and (3) when services such as water, light, heat,
11 power, telephone or telegraph are required.
12 All contracts involving less than $2,500 shall be let by
13 competitive bidding to the lowest responsible bidder whenever
14 possible, and in any event in a manner calculated to ensure
15 insure the best interests of the public. Competitive bidding
16 is not required for the lease of real estate or buildings
17 owned or controlled by the Authority. The Board is empowered
18 to offer such leases upon such terms as it deems advisable.
19 In determining the responsibility of any bidder, the
20 Board may take into account the past record of dealings with
21 the bidder, the bidder's experience, adequacy of equipment,
22 and ability to complete performance within the time set, and
23 other factors besides financial responsibility, but in no
24 case shall any such contracts be awarded to any other than
25 the highest bidder (in case of sale, concession or lease) or
26 the lowest bidder (in case of purchase or expenditure) unless
27 authorized or approved by a vote of at least 5 members of the
28 Board, and unless such action is accompanied by a statement
29 in writing setting forth the reasons for not awarding the
30 contract to the highest or lowest bidder, as the case may be,
31 which statement shall be kept on file in the principal office
32 of the Authority and open to public inspection.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
-796- LRB9000879DJcd
1 consanguinity by the terms of the civil law, are forbidden
2 to be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract, without competitive bidding, provided that it
10 shall not be less advantageous to the Authority than any
11 valid bid received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 (Source: P.A. 83-911.)
15 (70 ILCS 280/1-25) (from Ch. 85, par. 2725)
16 Section 2-130. Bids and advertisements. Advertisements
17 Sec. 1-25. Advertisement for bids shall be published at least
18 twice in a daily newspaper of general circulation published
19 in the metropolitan area, the last publication to be at least
20 10 calendar days before the time for receiving bids, and
21 such advertisements shall also be posted on readily
22 accessible bulletin boards in the principal office of the
23 Authority. Such advertisements shall state the time and
24 place for receiving and opening of bids, and, by reference to
25 plans and specifications on file at the time of the first
26 publication, or in the advertisement itself, shall describe
27 the character of the proposed contract in sufficient detail
28 to fully advise prospective bidders of their obligations and
29 to ensure insure free and open competitive bidding.
30 All bids in response to advertisements shall be sealed
31 and shall be publicly opened by the Board, and all bidders
32 shall be entitled to be present in person or by
33 representatives. Cash or a certified or satisfactory
-797- LRB9000879DJcd
1 cashier's check, as a deposit of good faith, in a reasonable
2 amount to be fixed by the Board before advertising for bids,
3 shall be required with the proposal of each bidder. Bond for
4 faithful performance of the contract with surety or sureties
5 satisfactory to the Board and adequate insurance may be
6 required in reasonable amounts to be fixed by the Board
7 before advertising for bids.
8 The contract shall be awarded as promptly as possible
9 after the opening of bids. The bid of the successful bidder,
10 as well as the bids of the unsuccessful bidders, shall be
11 placed on file and be open to public inspection. All bids
12 shall be void if any disclosure of the terms of any bid in
13 response to an advertisement is made or permitted to be made
14 by the Board before the time fixed for opening bids.
15 Section 2-132. Bidders; civil action to compel
16 compliance. Any bidder who has submitted a bid in compliance
17 with the requirements for bidding may bring a civil action in
18 the circuit court in the county in which the metropolitan
19 area is located to compel compliance with the provisions of
20 this Article Act relating to the awarding of contracts by the
21 Board.
22 (Source: P.A. 83-911.)
23 (70 ILCS 280/1-26) (from Ch. 85, par. 2726)
24 Section 2-135. Report and financial statement. Sec.
25 1-26. As soon after the end of each fiscal year as may be
26 expedient, the Board shall cause to be prepared and printed a
27 complete and detailed report and financial statement of its
28 operations and of its assets and liabilities. A reasonably
29 sufficient number of copies of such report shall be printed
30 for distribution to persons interested, upon request and a
31 copy thereof shall be filed with the county clerk and the
32 appointing officers.
33 (Source: P.A. 83-911.)
-798- LRB9000879DJcd
1 (70 ILCS 280/1-27) (from Ch. 85, par. 2727)
2 Section 2-140. State financial support. Sec. 1-27. The
3 Authority Authorities created by this Article Act shall
4 receive financial support from the State in the amounts
5 provided for in Section 4 of the Metropolitan Civic Center
6 Support Act.
7 (Source: P.A. 83-911.)
8 (70 ILCS 280/1-28) (from Ch. 85, par. 2728)
9 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
10 is hereby expressly made the beneficiary of the provisions of
11 Section 1 of the Local Government Antitrust Exemption Act "An
12 Act to make explicit the authorization for units of local
13 government and certain other governmental bodies to act as
14 permitted by statute or the Illinois Constitution,
15 notwithstanding effects on competition", amendatory veto
16 overridden November 3, 1983, and the General Assembly intends
17 that the "State action exemption" to the application of the
18 federal antitrust anti-trust laws be fully available to the
19 Authority to the extent its activities are either (1)
20 expressly or by necessary implication authorized by this
21 Article Act or other Illinois law, or (2) within traditional
22 areas of local governmental activity.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 280/1-29) (from Ch. 85, par. 2729)
25 Section 2-150. Tax exemption. Sec. 1-29. All property of
26 the Authority shall be exempt from taxation by the State or
27 any taxing unit therein.
28 (Source: P.A. 83-1456.)
29 PART 125. JO DAVIESS COUNTY CIVIC CENTER
30 (70 ILCS 220/6-1) (from Ch. 85, par. 5001)
31 Section 125-1. Short title Sec. 6-1. * * *(nonstandard
-799- LRB9000879DJcd
1 provisions contained in Section 125-1)* * *
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/6-2) (from Ch. 85, par. 5002)
4 Section 2-5. Definitions. Sec. 6-2. When used In this
5 Article:
6 * * *(nonstandard provisions contained in Section 125-5)*
7 * *
8 "Governmental agency" means the federal government, the
9 State, and any unit of local government or school district
10 governmental body, and any agency or instrumentality,
11 corporate or otherwise, thereof.
12 "Person" means any individual, firm, partnership,
13 corporation, both domestic and foreign, company, association
14 or joint stock joint-stock association; and includes any
15 trustee, receiver, assignee or personal representative
16 thereof.
17 * * *(nonstandard provisions contained in Section 125-5)*
18 * *
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/6-3) (from Ch. 85, par. 5003)
21 Section 2-10. Lawsuits; common seal. Sec. 6-3. * *
22 *(nonstandard provisions contained in Section 125-10)* * *
23 (a) The Authority may sue and be sued in its corporate
24 name but execution shall not in any case issue against any
25 property of the Authority.
26 (b) The Authority It may adopt a common seal and change
27 the same at its pleasure. * * *(nonstandard provisions
28 contained in Section 125-10)* * *
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/6-4) (from Ch. 85, par. 5004)
31 Section 2-16. Duties; auditorium and other buildings;
-800- LRB9000879DJcd
1 lease of space. Sec. 6-4. It shall be the duty of the
2 Authority to promote, operate and maintain expositions,
3 conventions, and theatrical, sports and cultural activities
4 from time to time in the metropolitan area and in connection
5 therewith to arrange, finance and maintain industrial,
6 cultural, educational, theatrical, sports, trade and
7 scientific exhibits and to construct, equip and maintain
8 auditorium, exposition and office buildings for such
9 purposes.
10 The provision of office space for rental and lease and
11 the lease of air space over and appurtenant to such
12 structures shall be deemed an integral function of the
13 Authority.
14 The Authority is granted all rights and powers necessary
15 to perform such duties.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/6-5) (from Ch. 85, par. 5005)
18 Section 125-15. Rights and powers. Sec. 6-5. * *
19 *(nonstandard provisions contained in Section 125-15)* * *
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/6-6) (from Ch. 85, par. 5006)
22 Section 2-25. Incurring obligations. Sec. 6-6. The
23 Authority shall not incur any obligations for salaries or for
24 , office or administrative expenses except within the amounts
25 of funds that which will be available to it when such
26 obligations become payable.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/6-7) (from Ch. 85, par. 5007)
29 Section 2-35. Acquisition of property from person,
30 State, or local agency. Sec. 6-7. The Authority shall have
31 the power (i) to acquire and accept by purchase, lease, gift
-801- LRB9000879DJcd
1 or otherwise any property or rights useful for the
2 Authority's purposes from any person or persons, from any
3 municipal corporation, body politic, or agency of the State,
4 or from the State itself, (ii) useful for its purposes, and
5 to apply for and accept grants, matching grants, loans or
6 appropriations from the State of Illinois or any agency or
7 instrumentality thereof to be used for any of the purposes of
8 the Authority, and (iii) to enter into any agreement with the
9 State of Illinois in relation to such grants, matching
10 grants, loans or appropriations.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/6-8) (from Ch. 85, par. 5008)
13 Section 2-40. Federal money. Sec. 6-8. The Authority
14 shall have the power (i) to apply for and accept grants,
15 matching grants, loans or appropriations from the federal
16 government or any agency or instrumentality thereof to be
17 used for any of the purposes of the Authority and (ii) to
18 enter into any agreement with the federal government in
19 relation to such grants, matching grants, loans or
20 appropriations.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/6-9) (from Ch. 85, par. 5009)
23 Sections 2-45. Insurance. Sec. 6-9. The Authority shall
24 have the power to procure and enter into contracts for any
25 type of insurance and indemnity against loss or damage to
26 property from any cause, against loss of use and occupancy,
27 against employers' liability, against any act of any member,
28 officer, or employee of the Board or Authority in the
29 performance of the duties of the his office or employment,
30 and against or any other insurable risk.
31 (Source: P.A. 84-245.)
-802- LRB9000879DJcd
1 (70 ILCS 220/6-10) (from Ch. 85, par. 5010)
2 Section 125-20. Borrowing; revenue bonds. Sec. 6-10. * *
3 *(nonstandard provisions contained in Section 125-20)* * *
4 (Source: P.A. 86-4.)
5 (70 ILCS 220/6-11) (from Ch. 85, par. 5011)
6 Section 125-22. Bonds; nature of indebtedness. Sec.
7 6-11. * * *(nonstandard provisions contained in Section
8 125-22)* * *
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/6-12) (from Ch. 85, par. 5012)
11 Section 2-60. Investment in bonds. Sec. 6-12. The State
12 and all counties, cities, villages, incorporated towns and
13 other municipal corporations, political subdivisions and
14 public bodies, and public officers of any thereof; , all
15 banks, bankers, trust companies, savings banks and
16 institutions, building and loan associations, savings and
17 loan associations, investment companies and other persons
18 carrying on an insurance business; and all executors,
19 administrators, guardians, trustees and other fiduciaries may
20 legally invest any sinking funds, moneys or other funds
21 belonging to them or within their control in any bonds issued
22 pursuant to this Article Act, it being the purpose of this
23 Section to authorize the investment in such bonds of all
24 sinking, insurance, retirement, compensation, pension and
25 trust funds, whether owned or controlled by private or public
26 persons or officers; provided, however, that nothing
27 contained in this Section may be construed as relieving any
28 person from any duty of exercising reasonable care in
29 selecting securities for investment.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/6-13) (from Ch. 85, par. 5013)
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1 Section 125-25. Bonds other than revenue bonds;
2 election. Sec. 6-13. * * *(nonstandard provisions contained
3 in Section 125-25)* * *
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/6-14) (from Ch. 85, par. 5014)
6 Section 125-30. Tax. Sec. 6-14. * * *(nonstandard
7 provisions contained in Section 125-30)* * *
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/6-15) (from Ch. 85, par. 5015)
10 Section 2-76. Board members; financial matters;
11 compensation for secretary or treasurer; conflict of
12 interest. Sec. 6-15. * * *(nonstandard provisions contained
13 in Section 125-35)* * * The members of the Board They shall
14 serve without compensation, but shall be reimbursed for
15 actual expenses incurred by them in the performance of their
16 duties. However, any member of the Board who is appointed to
17 the office of secretary or treasurer may receive compensation
18 for his or her services as such officer.
19 No member of the Board or employee of the Authority shall
20 have any private financial interest, profit or benefit in any
21 contract, work or business of the Authority or nor in the
22 sale or lease of any property to or from the Authority.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/6-16) (from Ch. 85, par. 5016)
25 Section 2-80. Board members' oath. Sec. 6-16. * *
26 *(nonstandard provisions contained in Section 125-40)* * *
27 Within 30 days after certification of his appointment, and
28 before entering upon the duties of his office, each member of
29 the Board shall take and subscribe the constitutional oath of
30 office and file it in the office of the Secretary of State.
31 (Source: P.A. 84-245.)
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1 (70 ILCS 220/6-17) (from Ch. 85, par. 5017)
2 Section 2-85. Board members; vacancy in office. Sec.
3 6-17. Members of the Board shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member may resign from his office; the resignation takes to
6 take effect when the member's his successor has been
7 appointed and has qualified.
8 Section 2-83. Removal of Board member from office. The
9 appointing officer may remove any member of the Board
10 appointed by the officer him, in case of incompetency,
11 neglect of duty, or malfeasance in office, after service on
12 the member him, by registered United States mail, return
13 requested, of a copy of the written charges against the
14 member him and an opportunity to be publicly heard in person
15 or by counsel in the member's his own defense upon not less
16 than 10 days' notice.
17 (Section 2-85, resumed)
18 In case of failure to qualify within the time required,
19 or of abandonment of his office, or in case of death,
20 conviction of a felony or removal from office, a member's his
21 office shall become vacant. Each vacancy shall be filled for
22 the unexpired term by appointment in like manner, as in case
23 of expiration of the term of a member of the Board.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/6-18) (from Ch. 85, par. 5018)
26 Section 2-90. Organization of the Board. Sec. 6-18. As
27 soon as practicably possible after the appointment of the
28 initial members, the Board shall organize for the transaction
29 of business, select a chairman and a temporary secretary from
30 its own number, and adopt by-laws bylaws and regulations to
31 govern its proceedings. The initial chairman and his
32 successors shall be elected by the Board from time to time
33 for the term of the chairman's his office as a member of the
-805- LRB9000879DJcd
1 Board or for the term of 3 years, whichever is shorter.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/6-19) (from Ch. 85, par. 5019)
4 Section 2-95. Meetings; action by 5 Board members. Sec.
5 6-19. Regular meetings of the Board shall be held at least
6 once in each calendar month, the time and place of such
7 meetings to be fixed by the Board.
8 Five members of the Board shall constitute a quorum for
9 the transaction of business. All actions action of the Board
10 shall be by ordinance or resolution and the affirmative vote
11 of at least 5 members shall be necessary for the adoption of
12 any ordinance or resolution.
13 All ordinances, resolutions and all proceedings of the
14 Authority and all documents and records in its possession
15 shall be public records, and open to public inspection,
16 except such documents and records as shall be kept or
17 prepared by the Board for use in negotiations, actions or
18 proceedings to which the Authority is a party.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/6-20) (from Ch. 85, par. 5020)
21 Section 2-101. Secretary; treasurer; funds deposited in
22 bank or savings and loan association. Sec. 6-20. The Board
23 shall appoint a secretary and a treasurer, who need not be
24 members of the Board, to hold office during the pleasure of
25 the Board, and shall fix their duties and compensation.
26 Before entering upon the its duties of their respective
27 offices they shall take and subscribe the constitutional oath
28 of office, and the treasurer shall execute a bond with
29 corporate sureties to be approved by the Board. The bond
30 shall be payable to the Authority in whatever penal sum may
31 be directed upon the faithful performance of the duties of
32 the office and the payment of all money received by the
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1 treasurer him according to law and the orders of the Board.
2 The Board may, at any time, require a new bond from the
3 treasurer in such penal sum as may then be determined by the
4 Board. The obligation of the sureties shall not extend to any
5 loss sustained by the insolvency, failure or closing of any
6 savings and loan association or national or State bank
7 wherein the treasurer has deposited funds if the bank or
8 savings and loan association has been approved by the Board
9 as a depository for those these funds. The oaths of office
10 and the treasurer's bond shall be filed in the principal
11 office of the Authority.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/6-21) (from Ch. 85, par. 5021)
14 Section 2-106. Funds; compliance with Public Funds
15 Investment Act. Sec. 6-21. All funds deposited by the
16 treasurer in any bank or savings and loan association shall
17 be placed in the name of the Authority and shall be withdrawn
18 or paid out only by check or draft upon the bank or savings
19 and loan association, signed by the treasurer and
20 countersigned by the chairman of the Board. The Board may
21 designate any of its members or any officer or employee of
22 the Authority to affix the signature of the chairman and
23 another to affix the signature of the treasurer to any check
24 or draft for payment of salaries or wages and for payment of
25 any other obligation of not more than $2,500.
26 No bank or savings and loan association shall receive
27 public funds as permitted by this Section, unless it has
28 complied with the requirements established pursuant to
29 Section 6 of the Public Funds Investment Act "An Act relating
30 to certain investments of public funds by public agencies",
31 approved July 23, 1943, as now or hereafter amended.
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/6-22) (from Ch. 85, par. 5022)
2 Section 2-110. Signatures on checks or drafts. Sec.
3 6-22. In case any officer whose signature appears upon any
4 check or draft, issued pursuant to this Article Act, ceases
5 (after attaching his signature) to hold his office after
6 attaching his or her signature and before the delivery of the
7 check or draft thereof to the payee, that his signature
8 nevertheless shall be valid and sufficient for all purposes
9 with the same effect as if the officer he had remained in
10 office until delivery thereof.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/6-23) (from Ch. 85, par. 5023)
13 Section 2-115. General manager; other appointments. Sec.
14 6-23. The Board may appoint a general manager who shall be a
15 person of recognized ability and business experience, to hold
16 office during the pleasure of the Board. The general manager
17 shall have management of the properties and business of the
18 Authority and of the employees thereof subject to the general
19 control of the Board, shall direct the enforcement of all
20 ordinances, resolutions, rules and regulations of the Board,
21 and shall perform such other duties as may be prescribed from
22 time to time by the Board.
23 The Board may appoint a general attorney and a chief
24 engineer and shall provide for the appointment of such other
25 officers, attorneys, engineers, planners, consultants, agents
26 and employees as may be necessary. The Board It shall define
27 their duties and require bonds of such of them as the Board
28 may designate.
29 The general manager, general attorney, chief engineer,
30 and all other officers provided for pursuant to this Section
31 shall be exempt from taking and subscribing any oath of
32 office and shall not be members of the Board.
33 The compensation of the general manager, general
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1 attorney, chief engineer, and all other officers, attorneys,
2 planners, consultants, agents and employees shall be fixed by
3 the Board.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/6-24) (from Ch. 85, par. 5024)
6 Section 2-120. Ordinances, rules, and regulations; fines
7 and penalties. Sec. 6-24. The Board shall have power to pass
8 all ordinances and make all rules and regulations proper or
9 necessary to carry into effect the powers granted to the
10 Authority, with such fines or penalties as may be deemed
11 proper. All fines and penalties shall be imposed by
12 ordinance, which shall be published in a newspaper of general
13 circulation published in the metropolitan area embraced by
14 the Authority. No such ordinance imposing a fine or penalty
15 shall take effect until 10 days after its publication.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/6-25) (from Ch. 85, par. 5025)
18 Section 2-127. Contracts; award to other than highest or
19 lowest bidder by four-fifths vote. Sec. 6-25. All contracts
20 for sale of property of the value of more than $2500, or for
21 a concession in or lease of property, including air rights,
22 of the Authority for a term of more than one year, shall be
23 awarded to the highest responsible bidder, after advertising
24 for bids. All construction contracts and contracts for
25 supplies, materials, equipment and services, when the expense
26 thereof will exceed $2500, shall be let to the lowest
27 responsible bidder, after advertising for bids, except: (1)
28 when repair parts, accessories, equipment or services are
29 required for equipment or services previously furnished or
30 contracted for; (2) when the nature of the services required
31 is such that competitive bidding is not in the best interest
32 of the public, including, without limiting the generality of
-809- LRB9000879DJcd
1 the foregoing, the services of accountants, architects,
2 attorneys, engineers, physicians, superintendents of
3 construction, and others possessing a high degree of skill;
4 and (3) when services such as water, light, heat, power,
5 telephone or telegraph are required.
6 All contracts involving less than $2500 shall be let by
7 competitive bidding to the lowest responsible bidder whenever
8 possible, and in any event in a manner calculated to ensure
9 insure the best interests of the public.
10 In determining the responsibility of any bidder, the
11 Board may take into account the past record of dealings with
12 the bidder, the bidder's experience, adequacy of equipment,
13 and ability to complete performance within the time set, and
14 other factors besides financial responsibility, but in no
15 case shall any such contract be awarded to any other than the
16 highest bidder (in case of sale, concession or lease), or the
17 lowest bidder (in case of purchase or expenditure) , unless
18 authorized or approved by a vote of at least 4/5 of the
19 members of the Board, and unless such action is accompanied
20 by a statement in writing setting forth the reasons for not
21 awarding the contract to the highest or lowest bidder, as the
22 case may be, which statement shall be kept on file in the
23 principal office of the Authority and open to public
24 inspection.
25 Members of the Board, officers and employees of the
26 Authority, and their relatives within the fourth degree of
27 consanguinity by the terms of the civil law, are forbidden to
28 be interested directly or indirectly in any contract for
29 construction or maintenance work or for the delivery of
30 materials, supplies or equipment.
31 The Board shall have the right to reject all bids and to
32 readvertise for bids. If after any such advertisement no
33 responsible and satisfactory bid, within the terms of the
34 advertisement, shall be received, the Board may award such
-810- LRB9000879DJcd
1 contract, without competitive bidding, provided that it shall
2 not be less advantageous to the Authority than any valid bid
3 received pursuant to advertisement.
4 The Board shall adopt rules and regulations to carry into
5 effect the provisions of this Section.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/6-26) (from Ch. 85, par. 5026)
8 Section 2-130. Bids and advertisements. Sec. 6-26.
9 Advertisements for bids shall be published at least twice in
10 a daily newspaper of general circulation published in the
11 metropolitan area, the last publication to be at least 10
12 calendar days before the time for receiving bids, and such
13 advertisements shall also be posted on readily accessible
14 bulletin boards in the principal office of the Authority.
15 Such advertisements shall state the time and place for
16 receiving and opening of bids, and, by reference to plans and
17 specifications on file at the time of the first publication,
18 or in the advertisement itself, shall describe the character
19 of the proposed contract in sufficient detail to fully advise
20 prospective bidders of their obligations and to ensure insure
21 free and open competitive bidding.
22 All bids in response to advertisements shall be sealed
23 and shall be publicly opened by the Board, and all bidders
24 shall be entitled to be present in person or by
25 representatives. Cash or a certified or satisfactory
26 cashier's check, as a deposit of good faith, in a reasonable
27 amount to be fixed by the Board before advertising for bids,
28 shall be required with the proposal of each bidder. Bond for
29 faithful performance of the contract with surety or sureties
30 satisfactory to the Board and adequate insurance may be
31 required in reasonable amounts to be fixed by the Board
32 before advertising for bids.
33 The contract shall be awarded as promptly as possible
-811- LRB9000879DJcd
1 after the opening of bids. The bid of the successful bidder,
2 as well as the bids of the unsuccessful bidders, shall be
3 placed on file and be open to public inspection. All bids
4 shall be void if any disclosure of the terms of any bid in
5 response to an advertisement is made or permitted to be made
6 by the Board before the time fixed for opening bids.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/6-27) (from Ch. 85, par. 5027)
9 Section 2-150. Tax exemption. Sec. 6-27. All property
10 of the Jo Daviess County Civic Center Authority shall be
11 exempt from taxation by the State or any taxing unit therein.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/6-28) (from Ch. 85, par. 5028)
14 Section 125-45. Report and financial statement. Sec.
15 6-28. * * *(nonstandard provisions contained in Section
16 125-45)* * *
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/6-29) (from Ch. 85, par. 5029)
19 Section 2-145. Antitrust laws. Sec. 6-29. The Authority
20 is hereby expressly made the beneficiary of the provisions of
21 Section 1 of the Local Government Antitrust Exemption Act "An
22 Act to make explicit the authorization for units of local
23 government and certain other governmental bodies to act as
24 permitted by statute or the Illinois Constitution,
25 notwithstanding effects on competition", amendatory veto
26 overridden November 3, 1983, and the General Assembly intends
27 that the "State action exemption" to the application of the
28 federal antitrust anti-trust laws be fully available to the
29 Authority to the extent its activities are either (1)
30 expressly or by necessary implication authorized by this
31 Article or other Illinois law, or (2) within traditional
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1 areas of local governmental activity.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/6-30) (from Ch. 85, par. 5030)
4 Section 2-140. State financial support. Sec. 6-30. The
5 Authority created by this Article shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act.
8 (Source: P.A. 84-245.)
9 PART 130. KATHERINE DUNHAM METROPOLITAN
10 EXPOSITION AND AUDITORIUM AUTHORITY
11 (70 ILCS 220/9-1) (from Ch. 85, par. 5301)
12 Section 2-3. Purpose. Sec. 9-1. The purpose of this
13 Article is to accomplish the aims of the State of Illinois to
14 enhance the ability of its citizens to avail themselves of
15 civic and cultural centers geographically situated throughout
16 the entire State of Illinois.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/9-2) (from Ch. 85, par. 5302)
19 Section 130-1. Short title. Sec. 9-2. * * *(nonstandard
20 provisions contained in Section 130-1)* * *
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/9-3) (from Ch. 85, par. 5303)
23 Section 2-5. Definitions. Sec. 9-3. When used In this
24 Article:
25 * * *(nonstandard provisions contained in Section 130-5)*
26 * *
27 "Governmental agency" means the federal government, the
28 State, and any unit of local government or school district
29 governmental body, and any agency or instrumentality,
30 corporate or otherwise, thereof.
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1 "Person" means any individual, firm, partnership,
2 corporation, both domestic and foreign, company, association
3 or joint stock association; and includes any trustee,
4 receiver, assignee or personal representative thereof.
5 * * *(nonstandard provisions contained in Section 130-5)*
6 * *
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/9-4) (from Ch. 85, par. 5304)
9 Section 2-10. Lawsuits; common seal. Sec. 9-4. * *
10 *(nonstandard provisions contained in Section 130-10)* * *
11 (a) The Authority may sue and be sued in its corporate
12 name but execution shall not in any case issue against any
13 property of the Authority.
14 (b) The Authority It may adopt a common seal and change
15 the same at its pleasure. * * *(nonstandard provisions
16 contained in Section 130-10)* * *
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/9-5) (from Ch. 85, par. 5305)
19 Section 2-16. Duties; auditorium and other buildings;
20 lease of space. Sec. 9-5. It shall be the duty of the
21 Authority to promote, operate and maintain expositions,
22 conventions, and theatrical theatricals, sports and cultural
23 activities from time to time in the metropolitan area and in
24 connection therewith to arrange, finance and maintain
25 industrial, cultural, educational, theatrical, sports, trade
26 and scientific exhibits and to construct, equip and maintain
27 auditorium, exposition and office buildings for such
28 purposes.
29 The provision of office space for rental and lease lease
30 and rental and the lease of air space over and appurtenant to
31 such structures shall be deemed an integral function of the
32 Authority.
-814- LRB9000879DJcd
1 The Authority is granted all rights and powers necessary
2 to perform such duties.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/9-6) (from Ch. 85, par. 5306)
5 Section 2-20. Rights and powers, including eminent
6 domain. Sec. 9-6. The Authority shall have the following
7 rights and powers duties:
8 (a) To acquire, purchase, own, construct, lease as
9 lessee or in any other way acquire, improve, extend, repair,
10 reconstruct, regulate, operate, equip and maintain exhibition
11 centers, civic auditoriums, cultural facilities and office
12 buildings, including sites and parking areas and commercial
13 facilities therefor located within the metropolitan area;
14 (b) To plan for such grounds, centers and auditoriums
15 and to plan, sponsor, hold, arrange and finance fairs,
16 industrial, cultural, educational, trade and scientific
17 exhibits, shows and events and to use or allow the use of
18 such grounds, centers, and auditoriums for the holding of
19 fairs, exhibits, shows and events whether conducted by the
20 Authority or some other person or governmental agency;
21 (c) To exercise the right of eminent domain to acquire
22 sites for such grounds, centers, buildings and auditoriums,
23 and parking areas and facilities in the manner provided for
24 the exercise of the right of eminent domain under Article VII
25 of the Code of Civil Procedure, as amended;
26 (d) To fix and collect just, reasonable and
27 nondiscriminatory charges and rents for the use of such
28 parking areas and facilities, grounds, centers, buildings and
29 auditoriums and admission charges to fairs, shows, exhibits
30 and events sponsored or held by the Authority. The charges
31 collected may be made available to defray the reasonable
32 expenses of the Authority and to pay the principal of and the
33 interest on any bonds issued by the Authority;
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1 (e) To enter into contracts treating in any manner with
2 the objects and purposes of this Article Act.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/9-7) (from Ch. 85, par. 5307)
5 Section 2-25. Incurring obligations. Sec. 9-7. The
6 Authority shall not incur any obligations for salaries, or
7 for office or administrative expenses except within the
8 amounts of funds that which will be available to it when such
9 obligations become payable.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/9-8) (from Ch. 85, par. 5308)
12 Section 2-35. Acquisition of property from person,
13 State, or local agency. Sec. 9-8. The Authority shall have
14 power (i) to acquire and accept by purchase, lease, gift or
15 otherwise any property or rights useful for the Authority's
16 purposes from any person or persons, any municipal
17 corporation, body politic, or agency of the State, or from
18 the State itself, useful for its purposes, and (ii) to apply
19 for and accept grants, matching grants, loans or
20 appropriations from the State of Illinois or any agency or
21 instrumentality thereof to be used for any of the purposes of
22 the Authority, and (iii) to enter into any agreement with the
23 State of Illinois in relation to such grants, matching
24 grants, loans or appropriations.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/9-9) (from Ch. 85, par. 5309)
27 Section 2-40. Federal money. Sec. 9-9. The Authority
28 shall have the power (i) to apply for and accept grants,
29 matching grants, loans or appropriations from the federal
30 government or any agency or instrumentality thereof to be
31 used for any of the purposes of the Authority and (ii) to
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1 enter into any agreement with the federal government in
2 relation to such grants, matching grants, loans or
3 appropriations.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/9-10) (from Ch. 85, par. 5310)
6 Section 2-45. Insurance. Sec. 9-10. The Authority shall
7 have the power to procure and enter into contracts for any
8 type of insurance and indemnity against loss or damage to
9 property from any cause, against loss of use and occupancy,
10 against employers' liability, against any act of any member,
11 officer, or employee of the Board or Authority in the
12 performance of the duties of the his office or employment,
13 and against or any other insurable risk.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/9-11) (from Ch. 85, par. 5311)
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance. Sec. 9-11. The Authority shall have continuing
18 power to borrow money for the purpose of carrying out and
19 performing its duties and exercising its powers under this
20 Article Act.
21 For the purpose of evidencing the obligation of the
22 Authority to repay any money borrowed as aforesaid, the
23 Authority may, pursuant to an ordinance adopted by the Board,
24 from time to time issue and dispose of its interest bearing
25 revenue bonds, and may also from time to time issue and
26 dispose of its interest bearing revenue bonds to refund any
27 bonds at maturity or pursuant to redemption provisions or at
28 any time before maturity with the consent of the holders
29 thereof. All such bonds shall be payable solely from the
30 revenues or income to be derived from the fairs, expositions,
31 exhibitions, rentals and leases and other authorized
32 activities operated by it, and from funds, if any, received
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1 and to be received by the Authority from any other source.
2 Such bonds may bear such date or dates, may mature at such
3 time or times not exceeding 40 forty years from their
4 respective dates, may bear interest at such rate or rates,
5 not exceeding the maximum rate permitted by the Bond
6 Authorization Act "An Act to authorize public corporations to
7 issue bonds, other evidences of indebtedness and tax
8 anticipation warrants subject to interest rate limitations
9 set forth therein", approved May 26, 1970, as amended, may be
10 in such form, may carry such registration privileges, may be
11 executed in such manner, may be payable at such place or
12 places, may be made subject to redemption in such manner and
13 upon such terms, with or without premium as is stated on the
14 face thereof, may be executed in such manner, and may contain
15 such terms and covenants, all as may be provided in said
16 ordinance. In case any officer whose signature appears on any
17 bond ceases (after attaching his signature) to hold office,
18 his signature shall nevertheless be valid and effective for
19 all purposes. The holder or holders of any bonds, or interest
20 coupons appertaining thereto issued by the Authority may
21 bring suits at law or proceedings in equity to compel the
22 performance and observance by the Authority or any of its
23 officers, agents or employees of or any contract or covenant
24 made by the Authority with the holders of such bonds or
25 interest coupons, and to compel the Authority or and any of
26 its officers, agents or employees to perform any duties
27 required to be performed for the benefit of the holders of
28 any such bonds or interest coupons by the provisions of the
29 ordinance authorizing their issuance, and to enjoin the
30 Authority and any of its officers, agents or employees from
31 taking any action in conflict with any such contract or
32 covenant.
33 Notwithstanding the form and tenor of any such bonds and
34 in the absence of any express recital on the face thereof
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1 that it is non-negotiable, all such bonds shall be negotiable
2 instruments under the Uniform Commercial Code.
3 From and after the issuance of any bonds as herein
4 provided it shall be the duty of the corporate authorities of
5 the Authority to fix and establish rates, charges, rents, and
6 fees for the use of facilities acquired, constructed,
7 reconstructed, extended or improved with the proceeds of the
8 sale of said bonds sufficient at all times, with other
9 revenues of the Authority, to pay:
10 (a) the cost of maintaining, repairing, regulating and
11 operating the said facilities; and
12 (b) the bonds and interest thereon as they shall become
13 due, and all sinking fund requirements and other requirements
14 provided by the ordinance authorizing the issuance of the
15 bonds or as provided by any trust agreement executed to
16 secure payment thereof.
17 To secure the payment of any or all of such bonds and for
18 the purpose of setting forth the covenants and undertakings
19 of the Authority in connection with the issuance thereof and
20 the issuance of any additional bonds payable from such
21 revenue income to be derived from the fairs, recreational,
22 theatrical, and cultural, expositions, sports sport
23 activities, exhibitions, office rentals, and air space leases
24 and rentals, and from other revenue, if any, the Authority
25 may execute and deliver a trust agreement or agreements;
26 provided that no lien upon any physical property of the
27 Authority shall be created thereby.
28 A remedy for any breach or default of the terms of any
29 such trust agreement by the Authority may be by mandamus
30 proceedings in any court of competent jurisdiction to compel
31 performance and compliance therewith, but the trust agreement
32 may prescribe by whom or on whose behalf such action may be
33 instituted.
34 Before any such bonds (excepting refunding bonds) are
-819- LRB9000879DJcd
1 sold, the entire authorized issue, or any part thereof, shall
2 be offered for sale as a unit after advertising for bids at
3 least 3 three times in a daily newspaper of general
4 circulation published in the metropolitan area, the last
5 publication to be at least 10 ten days before bids are
6 required to be filed. Copies of such advertisement may be
7 published in any newspaper or financial publication in the
8 United States. All bids shall be sealed, filed and opened as
9 provided by ordinance and the bonds shall be awarded to the
10 highest and best bidder or bidders therefor. The Authority
11 shall have the right to reject all bids and to readvertise
12 for bids in the manner provided for in the initial
13 advertisement. However, if no bids are received such bonds
14 may be sold at not less than par value, without further
15 advertising, within 60 days after the bids are required to be
16 filed pursuant to any advertisement.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/9-12) (from Ch. 85, par. 5312)
19 Section 2-55. Bonds; nature of indebtedness. Sec. 9-12.
20 Under no circumstances shall any bonds issued by the
21 Authority be or become an indebtedness or obligation of the
22 State of Illinois or of any other political subdivision of or
23 municipality within the State, nor shall any such bond or
24 obligation be or become an indebtedness of the Authority
25 within the purview of any constitutional limitation or
26 provision, and it shall be plainly stated on the face of each
27 such bond that it does not constitute such an indebtedness or
28 obligation but is payable solely from the revenues or income
29 as provided in this Article aforesaid.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/9-13) (from Ch. 85, par. 5313)
32 Section 2-60. Investment in bonds. Sec. 9-13. The State
-820- LRB9000879DJcd
1 and all counties, cities, villages, incorporated towns and
2 other municipal corporations, political subdivisions and
3 public bodies, and public officers of any thereof;, all
4 banks, bankers, trust companies, savings banks and
5 institutions, building and loan associations, savings and
6 loan associations, investment companies and other persons
7 carrying on an insurance business; and all executors,
8 administrators, guardians, trustees and other fiduciaries may
9 legally invest any sinking funds, moneys or other funds
10 belonging to them or within their control in any bonds issued
11 pursuant to this Article Act, it being the purpose of this
12 Section to authorize the investment in such bonds of all
13 sinking, insurance, retirement, compensation, pension and
14 trust funds, whether owned or controlled by private or public
15 persons or officers; provided, however, that nothing
16 contained in this Section may be construed as relieving any
17 person from any duty of exercising reasonable care in
18 selecting securities for investment.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/9-14) (from Ch. 85, par. 5314)
21 Section 2-75. Board members, financial matters; conflict
22 of interest. Sec. 9-14. * * *(nonstandard provisions
23 contained in Section 130-15)* * * The members of the Board
24 shall serve without compensation, but shall be reimbursed for
25 actual expenses incurred by them in the performance of their
26 duties.
27 No member of the Board or employee of the Authority shall
28 have any private financial interest, profit or benefit in any
29 contract, work or business of the Authority or nor in the
30 sale or lease of any property to or from the Authority.
31 (Source: P.A. 84-245.)
32 (70 ILCS 220/9-15) (from Ch. 85, par. 5315)
-821- LRB9000879DJcd
1 Section 2-80. Board member's oath. Sec. 9-15. * *
2 *(nonstandard provisions contained in Section 130-20)* * *
3 Within 30 days after certification of his appointment, and
4 before entering upon the duties of his office, each member of
5 the Board shall take and subscribe the constitutional oath of
6 office and file it in the office of the Secretary of State.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/9-16) (from Ch. 85, par. 5316)
9 Section 2-85. Board members; vacancy in office. Sec.
10 9-16. Members of the Board shall hold office until their
11 respective successors have been appointed and qualified. Any
12 member may resign from his office; the resignation takes to
13 take effect when the member's his successor has been
14 appointed and has qualified.
15 Section 2-83. Removal of Board member from office. The
16 appointing officer may remove any member of the Board
17 appointed by the officer him, in case of incompetency,
18 neglect of duty, or malfeasance in office, after service on
19 the member him, by registered United States mail, return
20 requested, of a copy of the written charges against the
21 member him and an opportunity to be publicly heard in person
22 or by counsel in the member's his own defense upon not less
23 than 10 days' notice.
24 (Section 2-85, resumed)
25 In case of failure to qualify within the time required,
26 or of abandonment of his office, or in case of death,
27 conviction of a felony or removal from office, a member's his
28 office shall become vacant. Each vacancy shall be filled for
29 the unexpired term by appointment in like manner, as in the
30 case of expiration of the term of a member of the Board.
31 (Source: P.A. 84-245.)
32 (70 ILCS 220/9-17) (from Ch. 85, par. 5317)
-822- LRB9000879DJcd
1 Section 2-90. Organization of the Board. Sec. 9-17. As
2 soon as practicably possible after the appointment of the
3 initial members, the Board shall organize for the transaction
4 of business, select a chairman and a temporary secretary from
5 its own number, and adopt by-laws and regulations to govern
6 its proceedings. The initial chairman and his successors
7 shall be elected by the Board from time to time for the term
8 of the chairman's his office as a member of the Board or for
9 the term of 3 years, whichever is shorter.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/9-18) (from Ch. 85, par. 5318)
12 Section 2-96. Meetings; actions by 4 Board members. Sec.
13 9-18. Regular meetings of the Board shall be held at least
14 once in each calendar month, the time and place of such
15 meetings to be fixed by the Board.
16 Four members of the Board shall constitute a quorum for
17 the transaction of business. All actions of the Board shall
18 be by ordinance or resolution and the affirmative vote of at
19 least 4 members shall be necessary for the adoption of any
20 ordinance or resolution.
21 All ordinances, resolutions and all proceedings of the
22 Authority and all documents and records in its possession
23 shall be public records, and open to public inspection,
24 except such documents and records as shall be kept or
25 prepared by the Board for use in negotiations, actions action
26 or proceedings to which the Authority is a party.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/9-19) (from Ch. 85, par. 5319)
29 Section 2-100. Secretary; treasurer. Sec. 9-19. The
30 Board shall appoint a secretary and a treasurer, who need not
31 be members of the Board, to hold office during the pleasure
32 of the Board, and shall fix their duties and compensation.
-823- LRB9000879DJcd
1 Before entering upon the duties of their respective offices
2 they shall take and subscribe the constitutional oath of
3 office, and the treasurer shall execute a bond with corporate
4 sureties to be approved by the Board. The bond shall be
5 payable to the Authority in whatever penal sum may be
6 directed upon the faithful performance of the duties of the
7 office and the payment of all money received by the treasurer
8 him according to law and the orders of the Board. The Board
9 may, at any time, require a new bond from the treasurer in a
10 such penal sum as may then be determined by the Board. The
11 obligation of the sureties shall not extend to any loss
12 sustained by the insolvency, failure or closing of any
13 national or state bank wherein the treasurer has deposited
14 funds if the bank has been approved by the Board as a
15 depositary for those these funds. The oaths of office and
16 the treasurer's bond shall be filed in the principal office
17 of the Authority.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/9-20) (from Ch. 85, par. 5320)
20 Section 2-105. Funds. Sec. 9-20. All funds deposited by
21 the treasurer in any bank shall be placed in the name of the
22 Authority and shall be withdrawn or paid out only by check or
23 draft upon the bank, signed by the treasurer and
24 countersigned by the chairman of the Board. The Board may
25 designate any of its members or any officer or employee of
26 the Authority to affix the signature of the chairman and
27 another to affix the signature of the treasurer to any check
28 or draft for payment of salaries or wages and for payment of
29 any other obligation of not more than $2,500.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/9-21) (from Ch. 85, par. 5321)
32 Section 2-110. Signatures on checks or drafts. Sec.
-824- LRB9000879DJcd
1 9-21. In case any officer whose signature appears upon any
2 check or draft, issued pursuant to this Article Act, ceases
3 (after attaching his signature) to hold his office after
4 attaching his or her signature and before the delivery of the
5 check or draft thereof to the payee, that his signature
6 nevertheless shall be valid and sufficient for all purposes
7 with the same effect as if the officer he had remained in
8 office until delivery.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/9-22) (from Ch. 85, par. 5322)
11 Section 2-115. General manager; other appointments. Sec.
12 9-22. The Board may appoint a general manager who shall be a
13 person of recognized ability and business experience, to
14 hold office during the pleasure of the Board. The general
15 manager shall have management of the properties and business
16 of the Authority and of the employees thereof subject to the
17 general control of the Board, shall direct the enforcement of
18 all ordinances, resolutions, rules and regulations of the
19 Board, and shall perform such other duties as may be
20 prescribed from time to time by the Board.
21 The Board may appoint a general attorney and a chief
22 engineer and shall provide for the appointment of such other
23 officers, attorneys, engineers, planners, consultants, agents
24 and employees as may be necessary. The Board It shall define
25 their duties and require bonds of such of them as the Board
26 may designate.
27 The general manager, general attorney, chief engineer,
28 and all other officers provided for pursuant to this Section
29 shall be exempt from taking and subscribing any oath of
30 office and shall not be members of the Board.
31 The compensation of the general manager, general
32 attorney, chief engineer, and all other officers, attorneys,
33 planners, consultants, agents and employees shall be fixed by
-825- LRB9000879DJcd
1 the Board.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/9-23) (from Ch. 85, par. 5323)
4 Section 2-122. Rules and regulations; penalties. Sec.
5 9-23. The Board shall have power to make all rules and
6 regulations proper or necessary to carry into effect the
7 powers granted to the Authority, with such penalties as may
8 be deemed proper.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/9-24) (from Ch. 85, par. 5324)
11 Section 2-125. Contracts; award to other than highest or
12 lowest bidder by vote of 5 Board members. Sec. 9-24. All
13 contracts for the sale of property of the value of more than
14 $2,500 or for a concession in or lease of property, including
15 air rights, of the Authority for a term of more than one year
16 shall be awarded to the highest responsible bidder, after
17 advertising for bids. All construction contracts and
18 contracts for supplies, materials, equipment and services,
19 when the expense thereof will exceed $2,500, shall be let to
20 the lowest responsible bidder, after advertising for bids,
21 excepting (1) when repair parts, accessories, equipment or
22 services are required for equipment or services previously
23 furnished or contracted for; (2) when the nature of the
24 services required is such that competitive bidding is not in
25 the best interest of the public, including, without limiting
26 the generality of the foregoing, the services of accountants,
27 architects, attorneys, engineers, physicians, superintendents
28 of construction, and others possessing a high degree of
29 skill; and (3) when services such as water, light, heat,
30 power, telephone or telegraph are required.
31 All contracts involving less than $2,500 shall be let by
32 competitive bidding to the lowest responsible bidder whenever
-826- LRB9000879DJcd
1 possible, and in any event in a manner calculated to ensure
2 insure the best interests of the public. Competitive bidding
3 is not required for the lease of real estate or buildings
4 owned or controlled by the Authority. The Board is empowered
5 to offer such leases upon such terms as it deems advisable.
6 In determining the responsibility of any bidder, the
7 Board may take into account the past record of dealings with
8 the bidder, the bidder's experience, adequacy of equipment,
9 and ability to complete performance within the time set, and
10 other factors besides financial responsibility, but in no
11 case shall any such contracts be awarded to any other than
12 the highest bidder (in case of sale, concession or lease) or
13 the lowest bidder (in case of purchase or expenditure) unless
14 authorized or approved by a vote of at least 5 members of the
15 Board, and unless such action is accompanied by a statement
16 in writing setting forth the reasons for not awarding the
17 contract to the highest or lowest bidder, as the case may be,
18 which statement shall be kept on file in the principal office
19 of the Authority and open to public inspection.
20 Members of the Board, officers and employees of the
21 Authority, and their relatives within the fourth degree of
22 consanguinity by the terms of the civil law, are forbidden to
23 be interested directly or indirectly in any contract for
24 construction or maintenance work or for the delivery of
25 materials, supplies or equipment.
26 The Board shall have the right to reject all bids and to
27 readvertise for bids. If after any such advertisement no
28 responsible and satisfactory bid, within the terms of the
29 advertisement, shall be received, the Board may award such
30 contract, without competitive bidding, provided that it shall
31 not be less advantageous to the Authority than any valid bid
32 received pursuant to advertisement.
33 The Board shall adopt rules and regulations to carry into
34 effect the provisions of this Section.
-827- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/9-25) (from Ch. 85, par. 5325)
3 Section 2-130. Bids and advertisements. Advertisements
4 Sec. 9-25. Advertisement for bids shall be published at
5 least twice in a daily newspaper of general circulation
6 published in the metropolitan area, the last publication to
7 be at least 10 calendar days before the time for receiving
8 bids, and such advertisements shall also be posted on readily
9 accessible bulletin boards in the principal office of the
10 Authority. Such advertisements shall state the time and
11 place for receiving and opening of bids, and, by reference to
12 plans and specifications on file at the time of the first
13 publication, or in the advertisement itself, shall describe
14 the character of the proposed contract in sufficient detail
15 to fully advise prospective bidders of their obligations and
16 to ensure insure free and open competitive bidding.
17 All bids in response to advertisements shall be sealed
18 and shall be publicly opened by the Board, and all bidders
19 shall be entitled to be present in person or by
20 representatives. Cash or a certified or satisfactory
21 cashier's check, as a deposit of good faith, in a reasonable
22 amount to be fixed by the Board before advertising for bids,
23 shall be required with the proposal of each bidder. Bond for
24 faithful performance of the contract with surety or sureties
25 satisfactory to the Board and adequate insurance may be
26 required in reasonable amounts to be fixed by the Board
27 before advertising for bids.
28 The contract shall be awarded as promptly as possible
29 after the opening of bids. The bid of the successful bidder,
30 as well as the bids of the unsuccessful bidders, shall be
31 placed on file and be open to public inspection. All bids
32 shall be void if any disclosure of the terms of any bid in
33 response to an advertisement is made or permitted to be made
-828- LRB9000879DJcd
1 by the Board before the time fixed for opening bids.
2 * * *(nonstandard provisions contained in Section
3 130-25)* * *
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/9-26) (from Ch. 85, par. 5326)
6 Section 2-135. Report and financial statements. Sec.
7 9-26. As soon after the end of each fiscal year as may be
8 expedient, the Board shall cause to be prepared and printed a
9 complete and detailed report and financial statement of its
10 operations and of its assets and liabilities. A reasonably
11 sufficient number of copies of such report shall be printed
12 for distribution to persons interested, upon request and a
13 copy thereof shall be filed with the county clerk and the
14 appointing officers.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/9-27) (from Ch. 85, par. 5327)
17 Section 2-150. Tax exemption. Sec. 9-27. All property
18 of the Katherine Dunham Metropolitan Exposition and
19 Auditorium Authority shall be exempt from taxation by the
20 State or any taxing unit therein.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/9-28) (from Ch. 85, par. 5328)
23 Section 2-145. Antitrust laws. Sec. 9-28. The Authority
24 is hereby expressly made the beneficiary of the provisions of
25 Section 1 of the Local Government Antitrust Exemption Act "An
26 Act to make explicit the authorization for units of local
27 government and certain other governmental bodies to act as
28 permitted by statute or the Illinois Constitution,
29 notwithstanding effects on competition", amendatory veto
30 overridden November 3, 1983, and the General Assembly intends
31 that the "State action exemption" to the application of the
-829- LRB9000879DJcd
1 federal antitrust anti-trust laws be fully available to the
2 Authority to the extent its activities are either (1)
3 expressly or by necessary implication authorized by this
4 Article Act or other Illinois law, or (2) within traditional
5 areas of local governmental activity.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/9-29) (from Ch. 85, par. 5329)
8 Section 2-140. State financial support. Sec. 9-29. The
9 Authority created by this Article Act shall receive financial
10 support from the State in the amounts provided for in Section
11 4 of the Metropolitan Civic Center Support Act.
12 (Source: P.A. 84-245.)
13 PART 135. LAKE COUNTY METROPOLITAN
14 EXPOSITION AND AUDITORIUM AUTHORITY
15 (70 ILCS 290/1) (from Ch. 85, par. 1580-1)
16 Section 2-3. Purpose. Sec. 1. The purpose of this
17 Article Act is to accomplish the aims of the State of
18 Illinois to enhance the ability of its citizens to avail
19 themselves of civic and cultural centers geographically
20 situated throughout the entire State of Illinois.
21 (Source: P.A. 80-909.)
22 (70 ILCS 290/2) (from Ch. 85, par. 1580-2)
23 Section 135-1. Short title. Sec. 2. * * * (nonstandard
24 provisions contained in Section 135-1) * * *
25 (Source: P.A. 86-1414.)
26 (70 ILCS 290/3) (from Ch. 85, par. 1580-3)
27 Section 2-5. Definitions. Sec. 3. In this Article When
28 used in this Act: * * * (nonstandard provisions contained in
29 Section 135-5) * * *
30 "Governmental agency" means the federal government, the
-830- LRB9000879DJcd
1 State, and any unit of local government or school district
2 governmental body, and any agency or instrumentality,
3 corporate or otherwise, thereof.
4 "Person" means any individual, firm, partnership,
5 corporation, both domestic and foreign, company, association
6 or joint stock association; and includes any trustee,
7 receiver, assignee or personal representative thereof.
8 * * * (nonstandard provisions contained in Section 135-5)
9 * * *
10 (Source: P.A. 86-1414.)
11 (70 ILCS 290/4) (from Ch. 85, par. 1580-4)
12 Section 2-10. Lawsuits; common seal. Sec. 4. * * *
13 (nonstandard provisions contained in Section 135-10) * * *
14 (a) The Authority may sue and be sued in its corporate
15 name but execution shall not in any case issue against any
16 property of the Authority.
17 (b) The Authority It may adopt a common seal and change
18 the same at its pleasure. * * * (nonstandard provisions
19 contained in Section 135-10) * * *
20 (Source: P.A. 86-1441.)
21 (70 ILCS 290/5) (from Ch. 85, par. 1580-5)
22 Section 135-15. Duties. Sec. 5. * * * (nonstandard
23 provisions contained in Section 135-15) * * *
24 (Source: P.A. 80-909.)
25 (70 ILCS 290/6) (from Ch. 85, par. 1580-6)
26 Section 135-20. Rights and powers. Sec. 6. * * *
27 (nonstandard provisions contained in Section 135-20) * * *
28 (Source: P.A. 82-783.)
29 (70 ILCS 290/7) (from Ch. 85, par. 1580-7)
30 Section 2-25. Incurring obligations. Sec. 7. The
-831- LRB9000879DJcd
1 Authority shall not incur any obligations for salaries or
2 for, office or administrative expenses except within the
3 amounts of funds that which will be available to it when such
4 obligations become payable.
5 (Source: P.A. 80-909.)
6 (70 ILCS 290/7.1) (from Ch. 85, par. 1580-7.1)
7 Section 2-30. Prompt payment. Sec. 7.1. Purchases made
8 under pursuant to this Article Act shall be made in
9 compliance with the the " Local Government Prompt Payment
10 Act", approved by the Eighty-fourth General Assembly.
11 (Source: P.A. 84-731.)
12 (70 ILCS 290/8) (from Ch. 85, par. 1580-8)
13 Section 2-35. Acquisition of property from person, State
14 or local agency. Sec. 8. The Authority shall have power (i)
15 to acquire and accept by purchase, lease, gift or otherwise
16 any property or rights useful for the Authority's purposes
17 from any person or persons, from any municipal corporation,
18 body politic, or agency of the State, or from the State
19 itself, useful for its purposes, and (ii) to apply for and
20 accept grants, matching grants, loans or appropriations from
21 the State of Illinois or any agency or instrumentality
22 thereof to be used for any of the purposes of the Authority,
23 and (iii) to enter into any agreement with the State of
24 Illinois in relation to such grants, matching grants, loans
25 or appropriations.
26 (Source: P.A. 80-909.)
27 (70 ILCS 290/9) (from Ch. 85, par. 1580-9)
28 Section 135-25. Federal money. Sec. 9. * * * (nonstandard
29 provisions contained in Section 135-25) * * *
30 (Source: P.A. 80-909.)
-832- LRB9000879DJcd
1 (70 ILCS 290/10) (from Ch. 85, par. 1580-10)
2 Section 2-45. Insurance. Sec. 10. The Authority shall
3 have the power to procure and enter into contracts for any
4 type of insurance and indemnity against loss or damage to
5 property from any cause, against loss of use and occupancy,
6 against employers' liability, against any act of any member,
7 officer, or employee of the Board or Authority in the
8 performance of the duties of the his office or employment,
9 and against or any other insurable risk.
10 (Source: P.A. 80-909.)
11 (70 ILCS 290/11) (from Ch. 85, par. 1580-11)
12 Section 135-30. Borrowing; revenue bonds. Sec. 11. * * *
13 (nonstandard provisions contained in Section 135-30) * * *
14 (Source: P.A. 86-4.)
15 (70 ILCS 290/12) (from Ch. 85, par. 1580-12)
16 Section 135-35. Bonds; nature of indebtedness. Sec. 12.
17 * * * (nonstandard provisions contained in Section 135-35) *
18 * *
19 (Source: P.A. 80-909.)
20 (70 ILCS 290/13) (from Ch. 85, par. 1580-13)
21 Section 2-60. Investment in bonds. Sec. 13. The State
22 and all counties, cities, villages, incorporated towns and
23 other municipal corporations, political subdivisions and
24 public bodies, and public officers of any thereof;, all
25 banks, bankers, trust companies, savings banks and
26 institutions, building and loan associations, savings and
27 loan associations, investment companies and other persons
28 carrying on an insurance business; and all executors,
29 administrators, guardians, trustees and other fiduciaries may
30 legally invest any sinking funds, moneys or other funds
31 belonging to them or within their control in any bonds issued
-833- LRB9000879DJcd
1 pursuant to this Article Act, it being the purpose of this
2 Section to authorize the investment in such bonds of all
3 sinking, insurance, retirement, compensation, pension and
4 trust funds, whether owned or controlled by private or public
5 persons or officers; provided, however, that nothing
6 contained in this Section may be construed as relieving any
7 person from any duty of exercising reasonable care in
8 selecting securities for purchase or investment.
9 (Source: P.A. 80-909.)
10 (70 ILCS 290/14) (from Ch. 85, par. 1580-14)
11 Section 135-40. General obligation bonds. Sec. 14. * * *
12 (nonstandard provisions contained in Section 135-40) * * *
13 (Source: P.A. 86-4.)
14 (70 ILCS 290/15) (from Ch. 85, par. 1580-15)
15 Section 135-45. G.O. bonds; election. Sec. 15. * * *
16 (nonstandard provisions contained in Section 135-45) * * *
17 (Source: P.A. 86-1414.)
18 (70 ILCS 290/16) (from Ch. 85, par. 1580-16)
19 Section 135-50. Conduct of election; canvass of returns.
20 Sec. 16. * * * (nonstandard provisions contained in Section
21 135-50) * * *
22 (Source: P.A. 81-1489.)
23 (70 ILCS 290/17) (from Ch. 85, par. 1580-17)
24 Section 2-76. Board members; financial matters;
25 compensation for secretary or treasurer; conflict of
26 interest. Sec. 17. * * * (nonstandard provisions contained in
27 Section 135-55) * * * The members of the Board shall serve
28 without compensation, but shall be reimbursed for actual
29 expenses incurred by them in the performance of their duties.
30 However, any member of the Board who is appointed to the
-834- LRB9000879DJcd
1 office of secretary or treasurer may receive compensation for
2 his or her services as such officer.
3 No member of the Board or employee of the Authority shall
4 have any private financial interest, profit or benefit in any
5 contract, work or business of the Authority or nor in the
6 sale or lease of any property to or from the Authority.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 290/18) (from Ch. 85, par. 1580-18)
9 Section 2-80. Board members' oath. Sec. 18. * * *
10 (nonstandard provisions contained in Section 135-60) * * *
11 Within 30 days after certification of appointment, and before
12 entering upon the duties of office, each member of the Board
13 shall take and subscribe the constitutional oath of office
14 and file it in the office of the Secretary of State.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 290/19) (from Ch. 85, par. 1580-19)
17 Section 135-65. Organization of Board. Sec. 19. * * *
18 (nonstandard provisions contained in Section 135-65) * * *
19 (Source: P.A. 80-909.)
20 (70 ILCS 290/20) (from Ch. 85, par. 1580-20)
21 Section 135-70. Meetings; approval of ordinances and
22 resolutions by chairman; public records. Sec. 20. * * *
23 (nonstandard provisions contained in Section 135-70) * * *
24 (Source: P.A. 82-349.)
25 (70 ILCS 290/21) (from Ch. 85, par. 1580-21)
26 Section 2-101. Secretary; treasurer; funds deposited in
27 bank or savings and loan association. Sec. 21. The Board
28 shall appoint a secretary and a treasurer, who need not be
29 members of the Board, to hold office during the pleasure of
30 the Board, and shall fix their duties and compensation.
-835- LRB9000879DJcd
1 Before entering upon the its duties of their respective
2 offices they shall take and subscribe the constitutional oath
3 of office, and the treasurer shall execute a bond with
4 corporate sureties to be approved by the Board. The bond
5 shall be payable to the Authority in whatever penal sum may
6 be directed upon the faithful performance of the duties of to
7 the office and the payment of all money received by the
8 treasurer him according to law and the orders of the Board.
9 The Board may, at any time, require a new bond from the
10 treasurer in such penal sum as may then be determined by the
11 Board. The obligation of the sureties shall not extend to
12 any loss sustained by the insolvency, failure or closing of
13 any savings and loan association or national or State bank
14 wherein the treasurer has deposited funds if the bank or
15 savings and loan association has been approved by the Board
16 as a depository depositary for those these funds. The oaths
17 of office and the treasurer's bond shall be filed in the
18 principal office of the Authority.
19 (Source: P.A. 83-541.)
20 (70 ILCS 290/22) (from Ch. 85, par. 1580-22)
21 Section 135-75. Funds; compliance with Public Funds
22 Investment Act. Sec. 22. * * * (nonstandard provisions
23 contained in Section 135-75) * * *
24 (Source: P.A. 83-541.)
25 (70 ILCS 290/23) (from Ch. 85, par. 1580-23)
26 Section 2-110. Signatures on checks or drafts. Sec. 23.
27 In case any officer whose signature appears upon any check or
28 draft, issued pursuant to this Article Act, ceases (after
29 attaching his signature) to hold his office after attaching
30 his or her signature and before the delivery of the check or
31 draft thereof to the payee, that his signature nevertheless
32 shall be valid and sufficient for all purposes with the same
-836- LRB9000879DJcd
1 effect as if the officer he had remained in office until
2 delivery thereof.
3 (Source: P.A. 80-909.)
4 (70 ILCS 290/24) (from Ch. 85, par. 1580-24)
5 Section 2-115. General manager; other appointments. Sec.
6 24. The Board may appoint a general manager who shall be a
7 person an individual of recognized ability and business
8 experience, to hold office during the pleasure of the Board.
9 The general manager shall have management of the properties
10 and business of the Authority and of the employees thereof
11 subject to the general control of the Board, shall direct the
12 enforcement of all ordinances, resolutions, rules and
13 regulations of the Board, and shall perform such other duties
14 as may be prescribed from time to time by the Board.
15 The Board may appoint a general attorney and a chief
16 engineer and shall provide for the appointment of such other
17 officers, attorneys, engineers, planners, consultants, agents
18 and employees as may be necessary. The Board It shall define
19 their duties and require bonds of such of them as the Board
20 may designate.
21 The general manager, general attorney, chief engineer,
22 and all other officers provided for pursuant to this Section
23 shall be exempt from taking and subscribing any oath of
24 office and shall not be members of the Board.
25 The compensation of the general manager, general
26 attorney, chief engineer, and all other officers, attorneys,
27 planners, consultants, agents and employees shall be fixed by
28 the Board.
29 (Source: P.A. 80-909.)
30 (70 ILCS 290/25) (from Ch. 85, par. 1580-25)
31 Section 2-120. Ordinances, rules, and regulations; fines
32 and penalties. Sec. 25. The Board shall have power to pass
-837- LRB9000879DJcd
1 all ordinances and make all rules and regulations proper or
2 necessary to carry into effect the powers granted to the
3 Authority, with such fines or penalties as may be deemed
4 proper. All fines and penalties shall be imposed by
5 ordinance, which shall be published in a newspaper of general
6 circulation published in the metropolitan area embraced by
7 the Authority. No such ordinance imposing a fine or penalty
8 shall take effect until 10 days after its publication.
9 (Source: P.A. 80-909.)
10 (70 ILCS 290/26) (from Ch. 85, par. 1580-26)
11 Section 135-80. Contracts; bidding. Sec. 26. * * *
12 (nonstandard provisions contained in Section 135-80) * * *
13 (Source: P.A. 82-786.)
14 (70 ILCS 290/27) (from Ch. 85, par. 1580-27)
15 Section 2-130. Bids and advertisements. Advertisements
16 Sec. 27. Advertisement for bids shall be published at least
17 twice in a daily newspaper of general circulation published
18 in the metropolitan area, the last publication to be at least
19 10 calendar days before the time for receiving bids, and such
20 advertisements shall also be posted on readily accessible
21 bulletin boards in the principal office of the Authority.
22 Such advertisements shall state the time and place for
23 receiving and opening of bids, and, by reference to plans and
24 specifications on file at the time of the first publication,
25 or in the advertisement itself, shall describe the character
26 of the proposed contract in sufficient detail to fully advise
27 prospective bidders of their obligations and to ensure insure
28 free and open competitive bidding.
29 All bids in response to advertisements shall be sealed
30 and shall be publicly opened by the Board, and all bidders
31 shall be entitled to be present in person or by
32 representatives. Cash or a certified or satisfactory
-838- LRB9000879DJcd
1 cashier's check, as a deposit of good faith, in a reasonable
2 amount to be fixed by the Board before advertising for bids,
3 shall be required with the proposal of each bidder. Bond for
4 faithful performance of the contract with surety or sureties
5 satisfactory to the Board and adequate insurance may be
6 required in reasonable amounts to be fixed by the Board
7 before advertising for bids.
8 The contract shall be awarded as promptly as possible
9 after the opening of bids. The bid of the successful bidder,
10 as well as the bids of the unsuccessful bidders, shall be
11 placed on file and be open to public inspection. All bids
12 shall be void if any disclosure of the terms of any bid in
13 response to an advertisement is made or permitted to be made
14 by the Board before the time fixed for opening bids.
15 Section 2-132. Bidders; civil action to compel
16 compliance. Any bidder who has submitted a bid in compliance
17 with the requirements for bidding may bring a civil action
18 suit in equity in the circuit court in the county in which
19 the metropolitan area is located to compel compliance with
20 the provisions of this Article Act relating to the awarding
21 of contracts by the Board.
22 (Source: P.A. 80-909.)
23 (70 ILCS 290/27a) (from Ch. 85, par. 1580-27a)
24 Section 2-150. Tax exemption. Sec. 27a. Exemption from
25 taxation. All property of the Waukegan and Will County
26 Metropolitan Exposition and Auditorium Civic Center Authority
27 shall be exempt from taxation by the State or any taxing unit
28 therein.
29 (Source: P.A. 83-893.)
30 (70 ILCS 290/27b) (from Ch. 85, par. 1580-27b)
31 Section 2-145. Antitrust laws. Sec. 27b. The Authority
32 is hereby expressly made the beneficiary of the provisions of
-839- LRB9000879DJcd
1 Section 1 of the Local Government Antitrust Exemption Act "An
2 Act to make explicit the authorization for units of local
3 government and certain other governmental bodies to act as
4 permitted by statute or the Illinois Constitution,
5 notwithstanding effects on competition", amendatory veto
6 overridden November 3, 1983, and the General Assembly intends
7 that the "State action exemption" to the application of the
8 federal antitrust anti-trust laws be fully available to the
9 Authority to the extent its activities are either (1)
10 expressly or by necessary implication authorized by this
11 Article Act or other Illinois law, or (2) within traditional
12 areas of local governmental activity.
13 (Source: P.A. 83-1456.)
14 (70 ILCS 290/27c) (from Ch. 85, par. 1580-27c)
15 Section 2-140. State financial support. Sec. 27c. The
16 Authority created by this Article Act shall receive financial
17 support from the State in the amounts provided for in Section
18 4 of the Metropolitan Civic Center Support Act.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 290/28) (from Ch. 85, par. 1580-28)
21 Section 135-85. Report and financial statement. Sec. 28.
22 * * * (nonstandard provisions contained in Section 135-85) *
23 * *
24 (Source: P.A. 80-909.)
25 PART 140. LEYDEN TOWNSHIP
26 SPACE NEEDS AUTHORITY
27 (70 ILCS 300/1) (from Ch. 85, par. 7701-1)
28 Section 140-1. Sec. 1. Short title. * * *(nonstandard
29 provisions contained in Section 140-1)* * *
30 (Source: P.A. 87-716.)
-840- LRB9000879DJcd
1 (70 ILCS 300/5) (from Ch. 85, par. 7701-5)
2 Section 140-5. Sec. 5. Purpose. * * *(nonstandard
3 provisions contained in Section 140-5)* * *
4 (Source: P.A. 87-716.)
5 (70 ILCS 300/10) (from Ch. 85, par. 7701-10)
6 Section 2-5. Sec. 10. Definitions. In this Article Act:
7 * * *(nonstandard provisions contained in Section
8 140-10)* * *
9 "Governmental agency" means the federal government, the
10 State, and any unit of local government or school district,
11 and any agency or instrumentality thereof governmental body,
12 together with any of their agencies or instrumentalities,
13 corporate or otherwise.
14 "Person" means any individual, firm, partnership,
15 domestic or foreign corporation, company, association, or
16 joint stock association; and includes any trustee, receiver,
17 assignee or personal representative thereof of their
18 trustees, receivers, assignees, or personal representatives.
19 * * *(nonstandard provisions contained in Section
20 140-10)* * *
21 (Source: P.A. 87-716.)
22 (70 ILCS 300/15) (from Ch. 85, par. 7701-15)
23 Section 2-10. Lawsuits; common seal. Sec. 15. * *
24 *(nonstandard provisions contained in Section 140-15)* * *
25 (a) The Authority may sue and be sued in its corporate
26 name, but execution shall not in any case issue against any
27 property of the Authority.
28 (b) The Authority It may adopt a common seal and change
29 the same seal at its pleasure. * * *(nonstandard provisions
30 contained in Section 140-15)* * *
31 (Source: P.A. 87-716.)
-841- LRB9000879DJcd
1 (70 ILCS 300/20) (from Ch. 85, par. 7701-20)
2 Section 140-20. Sec. 20. Duties. * * *(nonstandard
3 provisions contained in Section 140-20)* * *
4 (Source: P.A. 87-716.)
5 (70 ILCS 300/25) (from Ch. 85, par. 7701-25)
6 Section 140-25. Sec. 25. Powers.
7 * * *(nonstandard provisions contained in Section 140-25)* *
8 *
9 (Source: P.A. 87-716.)
10 (70 ILCS 300/30) (from Ch. 85, par. 7701-30)
11 Section 2-25. Sec. 30. Incurring obligations. The
12 Authority shall not incur any obligations for salaries or for
13 office or administrative expenses except within the amounts
14 of funds that will be available to it when such those
15 obligations become payable.
16 (Source: P.A. 87-716.)
17 (70 ILCS 300/35) (from Ch. 85, par. 7701-35)
18 Section 140-30. Sec. 35. Acquisition of property. * *
19 *(nonstandard provisions contained in Section 140-30)* * *
20 (Source: P.A. 87-716.)
21 (70 ILCS 300/40) (from Ch. 85, par. 7701-40)
22 Section 2-40. Sec. 40. Federal money. The Authority
23 shall have has the power (i) to apply for and accept grants,
24 matching grants, loans, or appropriations from the federal
25 government or any agency or instrumentality thereof of the
26 federal government to be used for any of the purposes of the
27 Authority and (ii) to enter into any agreement with the
28 federal government in relation to such those grants, matching
29 grants, loans, or appropriations.
30 (Source: P.A. 87-716.)
-842- LRB9000879DJcd
1 (70 ILCS 300/45) (from Ch. 85, par. 7701-45)
2 Section 2-45. Sec. 45. Insurance. The Authority shall
3 have has the power to procure and enter into contracts for
4 any type of insurance and indemnity against loss or damage to
5 property from any cause, against loss of use and occupancy,
6 against employers' liability, against any act of any member,
7 officer, or employee of the Board or Authority in the
8 performance of the duties of the his or her office or
9 employment, and against any other insurable risk.
10 (Source: P.A. 87-716.)
11 (70 ILCS 300/50) (from Ch. 85, par. 7701-50)
12 Section 2-75. Board members; financial matters; conflict
13 of interest. Sec. 50. * * *(nonstandard provisions
14 contained in Section 140-35)* * * The members of the Board
15 shall serve without compensation, but shall be reimbursed for
16 actual expenses incurred by them in the performance of their
17 duties.
18 No member of the Board or employee of the Authority shall
19 have any private financial interest, profit, or benefit in
20 any contract, work, or business of the Authority or nor in
21 the sale or lease of any property to or from the Authority.
22 (Source: P.A. 87-716; 87-1181.)
23 (70 ILCS 300/55) (from Ch. 85, par. 7701-55)
24 Section 2-80. Board members' oath. Sec. 55. * *
25 *(nonstandard provisions contained in Section 140-40)* * *
26 Within 30 days after certification of appointment, and before
27 entering upon the duties of office, each member of the Board
28 shall take and subscribe the constitutional oath of office
29 and file it in the office of the Secretary of State.
30 (Source: P.A. 87-716.)
31 (70 ILCS 300/60) (from Ch. 85, par. 7701-60)
-843- LRB9000879DJcd
1 Section 2-85. Sec. 60. Board members; vacancy in office.
2 Members of the Board shall hold office until their respective
3 successors have been appointed and qualified. Any member may
4 resign from office; the resignation takes to take effect when
5 the member's his or her successor has been appointed and has
6 qualified. * * *(nonstandard provisions contained in Section
7 140-45)* * *
8 In case of failure to qualify within the time required,
9 abandonment of office, death, conviction of a felony, or
10 removal from office, a member's office shall become vacant.
11 Each vacancy shall be filled for the unexpired term by
12 appointment in like manner as in the case of expiration of
13 the term of a member of the Board.
14 (Source: P.A. 87-716.)
15 (70 ILCS 300/65) (from Ch. 85, par. 7701-65)
16 Section 2-90. Sec. 65. Organization of the Board. As
17 soon as practicably possible after the appointment of the
18 initial members, the Board shall organize for the transaction
19 of business, select a chairman and a temporary secretary from
20 its own number, and adopt by-laws bylaws and regulations to
21 govern its proceedings. The initial chairman and his or her
22 successors shall be elected by the Board from time to time
23 for the term of the chairman's his or her office as a member
24 of the Board or for the term of 3 years, whichever is
25 shorter.
26 (Source: P.A. 87-716.)
27 (70 ILCS 300/70) (from Ch. 85, par. 7701-70)
28 Section 2-95. Sec. 70. Meetings; action by 5 Board
29 members ordinances. Regular meetings of the Board shall be
30 held at least once in each calendar month, the time and place
31 of such the meetings to be fixed by the Board.
32 Five members of the Board shall constitute a quorum for
-844- LRB9000879DJcd
1 the transaction of business. All actions of the Board shall
2 be by ordinance or resolution, and the affirmative vote of at
3 least 5 members shall be necessary for the adoption of any
4 ordinance or resolution.
5 All ordinances, resolutions, and proceedings of the
6 Authority and all documents and records in its possession
7 shall be public records, and open to public inspection,
8 except such those documents and records as shall be kept or
9 prepared by the Board for use in negotiations, actions, or
10 proceedings to which the Authority is a party.
11 (Source: P.A. 87-716.)
12 (70 ILCS 300/75) (from Ch. 85, par. 7701-75)
13 Section 2-100. Sec. 75. Secretary; treasurer. The Board
14 shall appoint a secretary and a treasurer, who need not be
15 members of the Board, to hold office during the pleasure of
16 the Board, and shall fix their duties and compensation.
17 Before entering upon the duties of their respective offices,
18 they shall take and subscribe the constitutional oath of
19 office, and the treasurer shall execute a bond with corporate
20 sureties to be approved by the Board. The bond shall be
21 payable to the Authority in whatever penal sum may be
22 directed and shall be conditioned upon the faithful
23 performance of the duties of the office and the payment of
24 all money received by the treasurer according to law and the
25 orders of the Board. The Board may, at any time, require a
26 new bond from the treasurer in a penal sum as may then be
27 determined by the Board. The obligation of the sureties
28 shall not extend to any loss sustained by the insolvency,
29 failure, or closing of any national or state bank wherein the
30 treasurer has deposited funds if the bank has been approved
31 by the Board as a depositary depository for those funds. The
32 oaths of office and the treasurer's bond bonds shall be filed
33 in the principal office of the Authority.
-845- LRB9000879DJcd
1 (Source: P.A. 87-716.)
2 (70 ILCS 300/80) (from Ch. 85, par. 7701-80)
3 Section 2-105. Sec. 80. Funds. All funds deposited by
4 the treasurer in any bank shall be placed in the name of the
5 Authority and shall be withdrawn or paid out only by check or
6 draft upon the bank, signed by the treasurer and
7 countersigned by the chairman of the Board. The Board may
8 designate any of its members or any officer or employee of
9 the Authority to affix the signature of the chairman and
10 another to affix the signature of the treasurer to any check
11 or draft for payment of salaries or wages and for payment of
12 any other obligation of not more than $2,500.
13 (Source: P.A. 87-716.)
14 (70 ILCS 300/85) (from Ch. 85, par. 7701-85)
15 Section 2-110. Sec. 85. Signatures on checks or drafts.
16 In case any officer whose signature appears upon any check or
17 draft issued pursuant to under this Article Act ceases to
18 hold office after attaching his or her signature and before
19 the delivery of the check or draft to the payee, that
20 signature nevertheless shall be valid and sufficient for all
21 purposes with the same effect as if the officer person had
22 remained in office until delivery.
23 (Source: P.A. 87-716.)
24 (70 ILCS 300/90) (from Ch. 85, par. 7701-90)
25 Section 2-115. Sec. 90. General manager; other
26 appointments. The Board may appoint a general manager who
27 shall be a person of recognized ability and business
28 experience, to hold office during the pleasure of the Board.
29 The general manager shall have management of the properties
30 and business of the Authority and of the its employees
31 thereof, subject to the general control of the Board, shall
-846- LRB9000879DJcd
1 direct the enforcement of all ordinances, resolutions, rules,
2 and regulations of the Board, and shall perform such other
3 duties as may be prescribed from time to time by the Board.
4 The Board may appoint a general attorney and a chief
5 engineer and shall provide for the appointment of such other
6 officers, attorneys, engineers, planners, consultants,
7 agents, and employees as may be necessary. The Board It shall
8 define their duties and require bonds of such of them as
9 those that the Board may designate.
10 The general manager, general attorney, chief engineer,
11 and all other officers provided for pursuant to under this
12 Section shall be exempt from taking and subscribing any oath
13 of office and shall not be members of the Board.
14 The compensation of the general manager, general
15 attorney, chief engineer, and all other officers, attorneys,
16 planners, consultants, agents, and employees shall be fixed
17 by the Board.
18 (Source: P.A. 87-716.)
19 (70 ILCS 300/95) (from Ch. 85, par. 7701-95)
20 Section 2-122. Sec. 95. Rules and regulations;
21 penalties. The Board shall have power to may make all rules
22 and regulations that are proper or necessary to carry into
23 effect the powers granted to the Authority, with such
24 penalties for violation as may be deemed proper.
25 (Source: P.A. 87-716.)
26 (70 ILCS 300/100) (from Ch. 85, par. 7701-100)
27 Section 140-50. Sec. 100. Contracts. * * *(nonstandard
28 provisions contained in Section 140-50)* * *
29 (Source: P.A. 87-716.)
30 (70 ILCS 300/105) (from Ch. 85, par. 7701-105)
31 Section 2-130. Sec. 105. Bids and advertisements.
-847- LRB9000879DJcd
1 (a) Advertisements for bids shall be published at least
2 twice in a daily newspaper of general circulation published
3 in the metropolitan area, the last publication to be at least
4 10 calendar days before the time for receiving bids, and such
5 the advertisements shall also be posted on readily accessible
6 bulletin boards in the principal office of the Authority.
7 Such advertisements for bids shall state the time and place
8 for receiving and opening bids and, by reference to plans and
9 specifications on file at the time of the first publication,
10 or in the advertisement itself, shall describe the character
11 of the proposed contract in sufficient detail to fully advise
12 prospective bidders of their obligations and to insure free
13 and open competitive bidding.
14 (b) All bids in response to advertisements shall be
15 sealed and shall be publicly opened by the Board, and all
16 bidders shall be entitled to be present in person or by
17 representatives. Cash or a certified or satisfactory
18 cashier's check, as a deposit of good faith, in a reasonable
19 amount to be fixed by the Board before advertising for bids,
20 shall be required with the proposal of each bidder. Bond for
21 faithful performance of the contract with surety or sureties
22 satisfactory to the Board and adequate insurance may be
23 required in reasonable amounts to be fixed by the Board
24 before advertising for bids.
25 (c) The contract shall be awarded as promptly as
26 possible after the opening of bids. The bid of the
27 successful bidder, as well as the bids of the unsuccessful
28 bidders, shall be placed on file and be open to public
29 inspection. All bids shall be void if any disclosure of the
30 terms of any bid in response to an advertisement is made or
31 permitted to be made by the Board before the time fixed for
32 opening bids.
33 Section 2-132. Bidders; civil action to compel
34 compliance. (d) Any bidder who has submitted a bid in
-848- LRB9000879DJcd
1 compliance with the requirements for bidding may bring a
2 civil action in the circuit court of the county in which the
3 metropolitan area is located to compel compliance with the
4 provisions of this Article Act relating to the awarding of
5 contracts by the Board.
6 (Source: P.A. 87-716.)
7 (70 ILCS 300/110) (from Ch. 85, par. 7701-110)
8 Section 2-135. Sec. 110. Report and financial statement.
9 As soon after the end of each fiscal year as may be
10 expedient, the Board shall cause to be prepared and printed a
11 complete and detailed report and financial statement of its
12 operations and of its assets and liabilities. A reasonably
13 sufficient number of copies of such the report shall be
14 printed for distribution to persons interested upon request,
15 and a copy thereof of the report shall be filed with the
16 county clerk and the appointing officers.
17 (Source: P.A. 87-716.)
18 (70 ILCS 300/115) (from Ch. 85, par. 7701-115)
19 Section 2-145. Sec. 115. Antitrust laws. The Authority
20 is expressly made the beneficiary of the provisions of
21 Section 1 of the Local Government Antitrust Exemption Act,
22 and the General Assembly intends that the "State action
23 exemption" to the application of the federal antitrust laws
24 be fully available to the Authority to the extent its
25 activities are either (1) (i) expressly or by necessary
26 implication authorized by this Article Act or other Illinois
27 law or (2) (ii) within traditional areas of local
28 governmental activity.
29 (Source: P.A. 87-716.)
30 (70 ILCS 300/120) (from Ch. 85, par. 7701-120)
31 Section 2-150. Sec. 120. Tax exemption. All property of
-849- LRB9000879DJcd
1 the Authority shall be exempt from taxation by the State or
2 any taxing unit therein within the State.
3 (Source: P.A. 87-716.)
4 (70 ILCS 300/125) (from Ch. 85, par. 7701-125)
5 Section 2-30. Sec. 125. Prompt payment. Purchases made
6 under this Article Act shall be made in compliance with the
7 Local Government Prompt Payment Act.
8 (Source: P.A. 87-716.)
9 PART 145. MARENGO CIVIC CENTER
10 (70 ILCS 305/1-1) (from Ch. 85, par. 6251)
11 Section 2-3. Purpose. Sec. 1-1. The purpose of this
12 Article is to accomplish the aims of the State of Illinois to
13 enhance the ability of its citizens to avail themselves of
14 civic and cultural centers geographically situated throughout
15 the entire State of Illinois.
16 (Source: P.A. 85-793.)
17 (70 ILCS 305/1-2) (from Ch. 85, par. 6252)
18 Section 145-1. Short title. Sec. 1-2. * * *(nonstandard
19 provisions contained in Section 145-1)* * *
20 (Source: P.A. 85-793.)
21 (70 ILCS 305/1-3) (from Ch. 85, par. 6253)
22 Section 2-5. Definitions. Sec. 1-3. When used In this
23 Article:
24 * * *(nonstandard provisions contained in Section 145-5)*
25 * *
26 "Governmental agency" means the federal government, the
27 State, and any unit of local government or school district
28 governmental body, and any agency or instrumentality,
29 corporate or otherwise, thereof.
30 "Person" means any individual, firm, partnership,
-850- LRB9000879DJcd
1 corporation, both domestic and foreign, company, association
2 or joint stock association; and includes any trustee,
3 receiver, assignee or personal representative thereof.
4 * * *(nonstandard provisions contained in Section 145-5)*
5 * *
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/1-4) (from Ch. 85, par. 6254)
8 Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
9 *(nonstandard provisions contained in Section 145-10)* * *
10 (a) The Authority may sue and be sued in its corporate
11 name, but execution shall not in any case issue against any
12 property of the Authority.
13 (b) The Authority It may adopt a common seal and change
14 the same at its pleasure. * * *(nonstandard provisions
15 contained in Section 145-10)* * *
16 (Source: P.A. 85-793.)
17 (70 ILCS 305/1-5) (from Ch. 85, par. 6255)
18 Section 2-15. Duties; auditorium, recreational, and other
19 buildings; lease of space. Sec. 1-5. It shall be the duty of
20 the Authority to promote, operate and maintain expositions,
21 conventions, and theatrical, sports and cultural activities
22 from time to time in the metropolitan area and in connection
23 therewith to arrange, finance and maintain industrial,
24 cultural, educational, theatrical, sports, trade and
25 scientific exhibits and to construct, equip and maintain
26 auditorium, exposition, recreational and office buildings for
27 such purposes.
28 The provision of office space for lease and rental and
29 the lease of air space over and appurtenant to such
30 structures shall be deemed an integral function of the
31 Authority.
32 The Authority is granted all rights and powers necessary
-851- LRB9000879DJcd
1 to perform such duties.
2 (Source: P.A. 85-793.)
3 (70 ILCS 305/1-6) (from Ch. 85, par. 6256)
4 Section 2-20. Rights and powers, including eminent
5 domain. Sec. 1-6. The Authority shall have the following
6 rights and powers duties:
7 (a) To acquire, purchase, own, construct, lease as
8 lessee or in any other way acquire, improve, extend, repair,
9 reconstruct, regulate, operate, equip and maintain exhibition
10 centers, civic auditoriums, cultural facilities and office
11 buildings, including sites and parking areas and commercial
12 facilities therefor located within the metropolitan area;
13 (b) To plan for such grounds, centers and auditoriums
14 and to plan, sponsor, hold, arrange and finance fairs,
15 industrial, cultural, educational education, trade and
16 scientific exhibits, shows and events and to use or allow the
17 use of such grounds, centers, and auditoriums for the
18 holding of fairs, exhibits, shows and events whether
19 conducted by the Authority or some other person or
20 governmental agency;
21 (c) To exercise the right of eminent domain to acquire
22 sites for such grounds, centers, buildings and auditoriums,
23 and parking areas and facilities in the manner provided for
24 the exercise of the right of eminent domain under Article VII
25 of the Code of Civil Procedure, as amended;
26 (d) To fix and collect just, reasonable and
27 nondiscriminatory charges and rents for the use of such
28 parking areas and facilities, grounds, centers, buildings and
29 auditoriums and admission charges to fairs, shows, exhibits
30 and events sponsored or held by the Authority. The charges
31 collected may be made available to defray the reasonable
32 expenses of the Authority and to pay the principal of, and
33 the interest on, any bonds issued by the Authority;
-852- LRB9000879DJcd
1 (e) To enter into contracts treating in any manner with
2 the objects and purposes of this Article.
3 (Source: P.A. 85-793.)
4 (70 ILCS 305/1-7) (from Ch. 85, par. 6257)
5 Section 2-25. Incurring obligations. Sec. 1-7. The
6 Authority shall not incur any obligations for salaries, or
7 for office or administrative expenses except within the
8 amounts of funds that which will be available to it when such
9 obligations become payable.
10 (Source: P.A. 85-793.)
11 (70 ILCS 305/1-8) (from Ch. 85, par. 6258)
12 Section 2-35. Acquisition of property from person,
13 State, or local agency. Sec. 1-8. The Authority shall have
14 power (i) to acquire and accept by purchase, lease, gift or
15 otherwise any property or rights useful for the Authority's
16 purposes from any person or persons, from any municipal
17 corporation, body politic, or agency of the State, or from
18 the State itself, (ii) useful for its purposes, and to apply
19 for and accept grants, matching grants, loans or
20 appropriations from the State of Illinois or any agency or
21 instrumentality thereof to be used for any of the purposes of
22 the Authority, and (iii) to enter into any agreement with the
23 State of Illinois in relation to such grants, matching
24 grants, loans or appropriations.
25 (Source: P.A. 85-793.)
26 (70 ILCS 305/1-9) (from Ch. 85, par. 6259)
27 Section 2-40. Federal money. Sec. 1-9. The Authority
28 shall have the power (i) to apply for and accept grants,
29 matching grants, loans or appropriations from the federal
30 government or any agency or instrumentality thereof to be
31 used for any of the purposes of the Authority and (ii) to
-853- LRB9000879DJcd
1 enter into any agreement with the federal government in
2 relation to such grants, matching grants, loans or
3 appropriations.
4 (Source: P.A. 85-793.)
5 (70 ILCS 305/1-10) (from Ch. 85, par. 6260)
6 Section 2-45. Insurance. Sec. 1-10. The Authority shall
7 have the power to procure and enter into contracts for any
8 type of insurance and indemnity against loss or damage to
9 property from any cause, against loss of use and occupancy,
10 against employers' liability, against any act of any member,
11 officer, or employee of the Board or Authority in the
12 performance of the duties of the his office or employment,
13 and against or any other insurable risk.
14 (Source: P.A. 85-793.)
15 (70 ILCS 305/1-11) (from Ch. 85, par. 6261)
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance. Sec. 1-11. The Authority shall have continuing
18 power to borrow money for the purpose of carrying out and
19 performing its duties and exercising its powers under this
20 Article.
21 For the purpose of evidencing the obligation of the
22 Authority to repay any money borrowed as aforesaid, the
23 Authority may, pursuant to an ordinance adopted by the Board,
24 from time to time issue and dispose of its interest bearing
25 revenue bonds, and may also from time to time issue and
26 dispose of its interest bearing revenue bonds to refund any
27 bonds at maturity or pursuant to redemption provisions or at
28 any time before maturity with the consent of the holders
29 thereof. All such bonds shall be payable solely from the
30 revenues or income to be derived from the fairs, expositions,
31 exhibitions, rentals and leases and other authorized
32 activities operated by it, and from funds, if any, received
-854- LRB9000879DJcd
1 and to be received by the Authority from any other source.
2 Such bonds may bear such date or dates, may mature at such
3 time or times not exceeding 40 years from their respective
4 dates, may bear interest at such rate or rates, not exceeding
5 the maximum rate permitted by the Bond Authorization Act "An
6 Act to authorize public corporations to issue bonds, other
7 evidences or indebtedness and tax anticipation warrants
8 subject to interest rate limitations set forth therein",
9 approved May 26, 1970, as amended, may be in such form, may
10 carry such registration privileges, may be executed in such
11 manner, may be payable at such place or places, may be made
12 subject to redemption in such manner and upon such terms,
13 with or without premium as is stated on the face thereof, may
14 be executed in such manner, and may contain such terms and
15 covenants, all as may be provided in said ordinance. In case
16 any officer whose signature appears on any bond ceases (after
17 attaching his signature) to hold office, his signature shall
18 nevertheless be valid and effective for all purposes. The
19 holder or holders of any bonds, or interest coupons
20 appertaining thereto issued by the Authority may bring suits
21 at law or proceedings in equity to compel the performance and
22 observance by the Authority or any of its officers, agents or
23 employees of or any contract or covenant made by the
24 Authority with the holders of such bonds or interest coupons,
25 and to compel the Authority or and any of its officers,
26 agents or employees to perform any duties required to be
27 performed for the benefit of the holders of any such bonds or
28 interest coupons by the provisions of the ordinance
29 authorizing their issuance, and to enjoin the Authority and
30 any of its officers, agents or employees from taking any
31 action in conflict with any such contract or covenant.
32 Notwithstanding the form and tenor of any such bonds and
33 in the absence of any express recital on the face fact
34 thereof that it is non-negotiable, all such bonds shall be
-855- LRB9000879DJcd
1 negotiable instruments under the Uniform Commercial Code.
2 From and after the issuance of any bonds as herein
3 provided it shall be the duty of the corporate authorities of
4 the Authority to fix and establish rates, charges, rents, and
5 fees for the use of facilities acquired, constructed,
6 reconstructed, extended or improved with the proceeds of the
7 sale of said bonds sufficient at all times, with other
8 revenues of the Authority, to pay:
9 (a) the cost of maintaining, repairing, regulating and
10 operating the said facilities; and
11 (b) the bonds and interest thereon as they shall become
12 due, and all sinking fund requirements and other requirements
13 provided by the ordinance authorizing the issuance of the
14 bonds or as provided by any trust agreement executed to
15 secure payment thereof.
16 To secure the payment of any or all of such bonds and for
17 the purpose of setting forth the covenants and undertakings
18 of the Authority in connection with the issuance thereof and
19 the issuance of any additional bonds payable from such
20 revenue income to be derived from the fairs, recreational,
21 theatrical, and cultural, expositions, sports activities,
22 exhibitions, office rentals, and air space leases and
23 rentals, and from other revenue, if any, the Authority may
24 execute and deliver a trust agreement or agreements; provided
25 that no lien upon any physical property of the Authority
26 shall be created thereby.
27 A remedy for any breach or default of the terms of any
28 such trust agreement by the Authority may be by mandamus
29 proceedings in any court of competent jurisdiction to compel
30 performance and compliance therewith, but the trust agreement
31 may prescribe by whom or on whose behalf such action may be
32 instituted.
33 Before any such bonds (excepting refunding bonds) are
34 sold, the entire authorized issue, or any part thereof, shall
-856- LRB9000879DJcd
1 be offered for sale as a unit after advertising for bids at
2 least 3 times in a daily newspaper of general circulation
3 published in the metropolitan area, the last publication to
4 be at least 10 days before bids are required to be filed.
5 Copies of such advertisement may be published in any
6 newspaper or financial publication in the United States. All
7 bids shall be sealed, filed and opened as provided by
8 ordinance and the bonds shall be awarded to the highest and
9 best bidder or bidders therefor. The Authority shall have
10 the right to reject all bids and to readvertise for bids in
11 the manner provided for in the initial advertisement.
12 However, if no bids are received, such bonds may be sold at
13 not less than par value, without further advertising, within
14 60 days after the bids are required to be filed pursuant to
15 any advertisement.
16 (Source: P.A. 85-793.)
17 (70 ILCS 305/1-12) (from Ch. 85, par. 6262)
18 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
19 Under no circumstances shall any bonds issued by the
20 Authority be or become an indebtedness or obligation of the
21 State of Illinois or of any political subdivision of or
22 municipality within the State, nor shall any such bond or
23 obligation be or become an indebtedness of the Authority
24 within the purview of any constitutional limitation or
25 provision, and it shall be plainly stated on the face of each
26 such bond that it does not constitute such an indebtedness or
27 obligation but is payable solely from the revenues or income
28 as provided in this Article aforesaid.
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/1-13) (from Ch. 85, par. 6263)
31 Section 2-60. Investment in bonds. Sec. 1-13. The State
32 and all counties, cities, villages, incorporated towns and
-857- LRB9000879DJcd
1 other municipal corporations, political subdivisions and
2 public bodies, and public officers of any thereof;, all
3 banks, bankers, trust companies, savings banks and
4 institutions, building and loan associations, savings and
5 loan associations, investment companies, and other persons
6 carrying on an insurance business; and all executors,
7 administrators, guardians, trustees and other fiduciaries may
8 legally invest any sinking funds, moneys or other funds
9 belonging to them or within their control in any bonds issued
10 pursuant to this Article, it being the purpose of this
11 Section to authorize the investment in such bonds of all
12 sinking, insurance, retirement, compensation, pension and
13 trust funds, whether owned or controlled by private or public
14 persons or officers; provided, however, that nothing
15 contained in this Section may be construed as relieving any
16 person from any duty of exercising reasonable care in
17 selecting securities for investment.
18 (Source: P.A. 85-793.)
19 (70 ILCS 305/1-14) (from Ch. 85, par. 6264)
20 Section 2-75. Board members; financial matters; conflict
21 of interest. Sec. 1-14. * * *(nonstandard provisions
22 contained in Section 145-15)* * * The members of the Board
23 shall serve without compensation, but shall be reimbursed for
24 actual expenses incurred by them in the performance of their
25 duties.
26 No member of the Board or employee of the Authority shall
27 have any private financial interest, profit or benefit in any
28 contract, work or business of the Authority or nor in the
29 sale or lease of any property to or from the Authority.
30 (Source: P.A. 85-793.)
31 (70 ILCS 305/1-15) (from Ch. 85, par. 6265)
32 Section 2-80. Board members' oath. Sec. 1-15. * *
-858- LRB9000879DJcd
1 *(nonstandard provisions contained in Section 145-20)* * *
2 Within 30 days after certification of his appointment, and
3 before entering upon the duties of his office, each member of
4 the Board shall take and subscribe the constitutional oath of
5 office and file it in the office of the Secretary of State.
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/1-16) (from Ch. 85, par. 6266)
8 Section 2-85. Board members; vacancy in office. Sec.
9 1-16. Members of the Board shall hold office until their
10 respective successors have been appointed and qualified. Any
11 member may resign from his office; the resignation takes to
12 take effect when the member's his successor has been
13 appointed and has qualified. * * *(nonstandard provisions
14 contained in Section 145-25)* * *
15 In case of failure to qualify within the time required, or of abandonment of his office, or in case of death,
17 conviction of a felony or removal from office, a member's his
18 office shall become vacant. Each vacancy shall be filled for
19 the unexpired term by appointment in like manner, as in the
20 case of expiration of the term of a member of the Board.
21 (Source: P.A. 85-793.)
22 (70 ILCS 305/1-17) (from Ch. 85, par. 6267)
23 Section 2-90. Organization of the Board. Sec. 1-17. As
24 soon as practicably possible after the appointment of the
25 initial members, the Board shall organize for the transaction
26 of business, select a chairman and a temporary secretary from
27 its own number, and adopt by-laws and regulations to govern
28 its proceedings. The initial chairman and his successors
29 shall be elected by the Board from time to time for the term
30 of the chairman's his office as a member of the Board or for
31 the term of 3 years, whichever is shorter.
32 (Source: P.A. 85-793.)
-859- LRB9000879DJcd
1 (70 ILCS 305/1-18) (from Ch. 85, par. 6268)
2 Section 2-95. Meetings; action by 5 Board members. Sec.
3 1-18. Regular meetings of the Board shall be held at least
4 once in each calendar month, the time and place of such
5 meetings to be fixed by the Board.
6 Five members of the Board shall constitute a quorum for
7 the transaction of business. All actions of the Board shall
8 be by ordinance or resolution and the affirmative vote of at
9 least 5 members shall be necessary for the adoption of any
10 ordinance or resolution.
11 All ordinances, resolutions and all proceedings of the
12 Authority and all documents and records in its possession
13 shall be public records, and open to public inspection,
14 except such documents and records as shall be kept or
15 prepared by the Board for use in negotiations, actions action
16 or proceedings to which the Authority is a party.
17 (Source: P.A. 85-793.)
18 (70 ILCS 305/1-19) (from Ch. 85, par. 6269)
19 Section 2-100. Secretary; treasurer. Sec. 1-19. The
20 Board shall appoint a secretary and a treasurer, who need not
21 be members of the Board, to hold office during the pleasure
22 of the Board, and shall fix their duties and compensation.
23 Before entering upon the duties of their respective offices,
24 they shall take and subscribe the constitutional oath of
25 office, and the treasurer shall execute a bond with corporate
26 sureties to be approved by the Board. The bond shall be
27 payable to the Authority in whatever penal sum may be
28 directed upon the faithful performance of the duties of the
29 office and the payment of all money received by the treasurer
30 him according to law and the orders of the Board. The Board
31 may, at any time, require a new bond from the treasurer in a
32 such penal sum as may then be determined by the Board. The
33 obligation of the sureties shall not extend to any loss
-860- LRB9000879DJcd
1 sustained by the insolvency, failure or closing of any
2 national or state bank wherein the treasurer has deposited
3 funds if the bank has been approved by the Board as a
4 depositary depository for those these funds. The oaths of
5 office and the treasurer's bond bonds shall be filed in the
6 principal office of the Authority.
7 (Source: P.A. 85-793.)
8 (70 ILCS 305/1-20) (from Ch. 85, par. 6270)
9 Section 2-105. Funds. Sec. 1-20. All funds deposited by
10 the treasurer in any bank shall be placed in the name of the
11 Authority and shall be withdrawn or paid out only by check or
12 draft upon the bank, signed by the treasurer and
13 countersigned by the chairman of the Board. The Board may
14 designate any of its members or any officer or employee of
15 the Authority to affix the signature of the chairman and
16 another to affix the signature of the treasurer to any check
17 or draft for payment of salaries or wages and for payment of
18 any other obligation of not more than $2,500.
19 (Source: P.A. 85-793.)
20 (70 ILCS 305/1-21) (from Ch. 85, par. 6271)
21 Section 2-110. Signatures on checks or drafts. Sec.
22 1-21. In case any officer whose signature appears upon any
23 check or draft issued pursuant to this Article Act ceases to
24 hold office (after attaching his or her signature) to hold
25 his office and before the delivery of the check or draft
26 thereof to the payee, that his signature, nevertheless, shall
27 be valid and sufficient for all purposes with the same effect
28 as if the officer he had remained in office until delivery.
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/1-22) (from Ch. 85, par. 6272)
31 Section 2-115. General manager; other appointments. Sec.
-861- LRB9000879DJcd
1 1-22. The Board may appoint a general manager who shall be a
2 person of recognized ability and business experience, to hold
3 office during the pleasure of the Board. The general manager
4 shall have management of the properties and business of the
5 Authority and of the employees thereof subject to the general
6 control of the Board, shall direct the enforcement of all
7 ordinances, resolutions, rules and regulations of the Board,
8 and shall perform such other duties as may be prescribed from
9 time to time by the Board.
10 The Board may appoint a general attorney and a chief
11 engineer and shall provide for the appointment of such other
12 officers, attorneys, engineers, planners, consultants, agents
13 and employees as may be necessary. The Board It shall define
14 their duties and require bonds of such of them as the Board
15 may designate.
16 The general manager, general attorney, chief engineer,
17 and all other officers provided for, pursuant to this
18 Section, shall be exempt from taking and subscribing any oath
19 of office and shall not be members of the Board.
20 The compensation of the general manager, general
21 attorney, chief engineer, and all other officers, attorneys,
22 planners, consultants, agents and employees shall be fixed by
23 the Board.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/1-23) (from Ch. 85, par. 6273)
26 Section 2-122. Rules and regulations; penalties. Sec.
27 1-23. The Board shall have power to make all rules and
28 regulations, proper or necessary, to carry into effect the
29 powers granted to the Authority, with such penalties as may
30 be deemed proper.
31 (Source: P.A. 85-793.)
32 (70 ILCS 305/1-24) (from Ch. 85, par. 6274)
-862- LRB9000879DJcd
1 Section 2-125. Contracts; award to other than highest or
2 lowest bidder by vote of 5 Board members. Sec. 1-24. All
3 contracts for the sale of property of the value of more than
4 $2,500 or for a concession in or lease of property, including
5 air rights, of the Authority for a term of more than one
6 year shall be awarded to the highest responsible bidder,
7 after advertising for bids. All construction contracts and
8 contracts for supplies, materials, equipment and services,
9 when the expense thereof will exceed $2,500, shall be let to
10 the lowest responsible bidder after advertising for bids,
11 excepting (1) when repair parts, accessories, equipment or
12 services are required for equipment or services previously
13 furnished or contracted for; (2) when the nature of the
14 services required is such that competitive bidding is not in
15 the best interest of the public, including, without limiting
16 the generality of the foregoing, the services of accountants,
17 architects, attorneys, engineers, physicians, superintendents
18 of construction, and others possessing a high degree of
19 skill; and (3) when services such as water, light, heat,
20 power, telephone or telegraph are required.
21 All contracts involving less than $2,500 shall be let by
22 competitive bidding to the lowest responsible bidder whenever
23 possible, and, in any event, in a manner calculated to ensure
24 insure the best interests of the public. Competitive bidding
25 is not required for the lease of real estate or buildings
26 owned or controlled by the Authority. The Board is empowered
27 to offer such leases upon such terms as it deems advisable.
28 In determining the responsibility of any bidder, the
29 Board may take into account the past record records of
30 dealings with the bidder, the bidder's experience, adequacy
31 of equipment, and ability to complete performance within the
32 time set, and other factors besides financial responsibility,
33 but in no case shall any such contracts be awarded to any
34 other than the highest bidder (in case of sale, concession or
-863- LRB9000879DJcd
1 lease) or the lowest bidder (in case of purchase or
2 expenditure) unless authorized or approved by a vote of at
3 least 5 members of the Board, and unless such action is
4 accompanied by a statement in writing setting forth the
5 reasons for not awarding the contract to the highest or
6 lowest bidder, as the case may be, which statement shall be
7 kept on file in the principal office of the Authority and
8 open to public inspection.
9 Members of the Board, officers and employees of the
10 Authority, and their relatives within the fourth degree of
11 consanguinity by the terms of the civil law, are forbidden to
12 be interested directly or indirectly in any contract for
13 construction or maintenance work or for the delivery of
14 materials, supplies or equipment.
15 The Board shall have the right to reject all bids and to
16 readvertise for bids. If after any such advertisement no
17 responsible and satisfactory bid, within the terms of the
18 advertisement, shall be received, the Board may award such
19 contract without competitive bidding, provided that it shall
20 not be less advantageous to the Authority than any valid bid
21 received pursuant to advertisement.
22 The Board shall adopt rules and regulations to carry into
23 effect the provisions of this Section.
24 (Source: P.A. 85-793.)
25 (70 ILCS 305/1-25) (from Ch. 85, par. 6275)
26 Section 2-130. Bids and advertisements. Sec. 1-25.
27 Advertisements for bids shall be published at least twice in
28 a daily newspaper of general circulation published in the
29 metropolitan area, the last publication to be at least 10
30 calendar days before the time for receiving bids, and such
31 advertisements shall also be posted on readily accessible
32 bulletin boards in the principal office of the Authority.
33 Such advertisements shall state the time and place for
-864- LRB9000879DJcd
1 receiving and opening of bids and, by reference to plans and
2 specifications on file for receiving and opening of bids and
3 by reference to plans and specifications on file at the time
4 of the first publication, or in the advertisement itself,
5 shall describe the character of the proposed contract in
6 sufficient detail to fully advise prospective bidders of
7 their obligations and to ensure insure free and open
8 competitive bidding.
9 All bids in response to advertisements shall be sealed
10 and shall be publicly opened by the Board, and all bidders
11 shall be entitled to be present in person or by
12 representatives. Cash or a certified or satisfactory
13 cashier's check, as a deposit of good faith, in a reasonable
14 amount to be fixed by the Board before advertising for bids,
15 shall be required with the proposal of each bidder. Bond for
16 faithful performance of the contract with surety or sureties
17 satisfactory to the Board and adequate insurance may be
18 required in reasonable amounts to be fixed by the Board
19 before advertising for bids.
20 The contract shall be awarded as promptly as possible
21 after the opening of bids. The bid of the successful bidder,
22 as well as the bids of the unsuccessful bidders, shall be
23 placed on file and be open to public inspection. All bids
24 shall be void if any disclosure of the terms of any bid in
25 response to an advertisement is made or permitted to be made
26 by the Board before the time fixed for opening bids.
27 * * *(nonstandard provisions contained in Section
28 145-30)* * *
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/1-26) (from Ch. 85, par. 6276)
31 Section 2-135. Report and financial statement. Sec.
32 1-26. As soon after the end of each fiscal year as may be
33 expedient, the Board shall cause to be prepared and printed a
-865- LRB9000879DJcd
1 complete and detailed report and financial statement of its
2 operations and of its assets and liabilities. A reasonably
3 sufficient number of copies of such report shall be printed
4 for distribution to persons interested upon request and a
5 copy thereof shall be filed with the county clerk and the
6 appointing officers.
7 (Source: P.A. 85-793.)
8 (70 ILCS 305/1-27) (from Ch. 85, par. 6277)
9 Section 2-140. State financial support. Sec. 1-27. The
10 Authority created by this Article shall receive financial
11 support from the State in the amounts provided for in Section
12 4 of the Metropolitan Civic Center Support Act.
13 (Source: P.A. 85-793.)
14 (70 ILCS 305/1-28) (from Ch. 85, par. 6278)
15 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
16 is hereby expressly made the beneficiary of the provisions of
17 Section 1 of the Local Government Antitrust Exemption Act "An
18 Act to make explicit the authorization for units of local
19 government and certain other governmental bodies to act as
20 permitted by statute or the Illinois Constitution,
21 notwithstanding effects on competition", amendatory veto
22 overridden November 3, 1983, and the General Assembly intends
23 that the "State action exemption" to the application of the
24 federal antitrust anti-trust laws be fully available to the
25 Authority to the extent its activities are either (1)
26 expressly or by necessary implication authorized by this
27 Article or other Illinois law, or (2) within traditional
28 areas of local governmental activity.
29 (Source: P.A. 85-793.)
30 (70 ILCS 305/1-29) (from Ch. 85, par. 6279)
31 Section 2-150. Tax exemption. Sec. 1-29. All property
-866- LRB9000879DJcd
1 of the Authority shall be exempt from taxation by the State
2 or any taxing unit therein.
3 (Source: P.A. 85-793.)
4 (70 ILCS 305/1-30) (from Ch. 85, par. 6280)
5 Section 2-30. Prompt payment. Sec. 1-30. Purchases made
6 under pursuant to this Article shall be made in compliance
7 with the Local Government Prompt Payment Act.
8 (Source: P.A. 85-793.)
9 PART 150. MASON COUNTY CIVIC CENTER
10 (70 ILCS 220/3-1) (from Ch. 85, par. 4701)
11 Section 2-3. Purpose. Sec. 3-1. The purpose of this
12 Article is to accomplish the aims of the State of Illinois to
13 enhance the ability of its citizens to avail themselves of
14 civic and cultural centers geographically situated throughout
15 the entire State of Illinois.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/3-2) (from Ch. 85, par. 4702)
18 Section 150-1. Short title. Sec. 3-2.
19 * * *(nonstandard provisions contained in Section 150-1)* * *
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/3-3) (from Ch. 85, par. 4703)
22 Section 2-5. Definitions. In this Article:
23 * * *(nonstandard provisions contained in Section 150-5)*
24 * *
25 "Governmental agency" means the federal government, the
26 State, and any unit of local government or school district
27 governmental body, and any agency or instrumentality,
28 corporate or otherwise, thereof.
29 "Person" means any individual, firm, partnership,
30 corporation, both domestic and foreign, company, association
-867- LRB9000879DJcd
1 or joint stock association; and includes any trustee,
2 receiver, assignee or personal representative thereof.
3 * * *(nonstandard provisions contained in Section 150-5)*
4 * *
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/3-4) (from Ch. 85, par. 4704)
7 Section 2-10. Lawsuits; common seal. Sec. 3-4. * *
8 *(nonstandard provisions contained in Section 150-10)* * *
9 (a) The Authority may sue and be sued in its corporate
10 name but execution shall not in any case issue against any
11 property of the Authority.
12 (b) The Authority It may adopt a common seal and change
13 the same at its pleasure. * * *(nonstandard provisions
14 contained in Section 150-10)* * *
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/3-5) (from Ch. 85, par. 4705)
17 Section 2-15. Duties; auditorium, recreational, and
18 other buildings; lease of space. Sec. 3-5. It shall be the
19 duty of the Authority to promote, operate and maintain
20 expositions, conventions, and theatrical, sports and cultural
21 activities from time to time in the metropolitan area and in
22 connection therewith to arrange, finance and maintain
23 industrial, cultural, educational, theatrical, sports, trade
24 and scientific exhibits and to construct, equip and maintain
25 auditorium, exposition, recreational and office buildings for
26 such purposes.
27 The provision of office space for lease and rental and
28 the lease of air space over and appurtenant to such
29 structures shall be deemed an integral function of the
30 Authority.
31 The Authority is granted all rights and powers necessary
32 to perform such duties.
-868- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/3-6) (from Ch. 85, par. 4706)
3 Section 2-20. Rights and powers, including eminent
4 domain. Sec. 3-6. The Authority shall have the following
5 rights and powers duties:
6 (a) To acquire, purchase, own, construct, lease as
7 lessee or in any other way acquire, improve, extend, repair,
8 reconstruct, regulate, operate, equip and maintain exhibition
9 centers, civic auditoriums, cultural facilities and office
10 buildings, including sites and parking areas and commercial
11 facilities therefor located within the metropolitan area;
12 (b) To plan for such grounds, centers and auditoriums
13 and to plan, sponsor, hold, arrange and finance fairs,
14 industrial, cultural, educational, trade and scientific
15 exhibits, shows and events and to use or allow the use of
16 such grounds, centers, and auditoriums for the holding of
17 fairs, exhibits, shows and events whether conducted by the
18 Authority or some other person or governmental agency;
19 (c) To exercise the right of eminent domain to acquire
20 sites for such grounds, centers, buildings and auditoriums,
21 and parking areas and facilities in the manner provided for
22 the exercise of the right of eminent domain under Article VII
23 of the Code of Civil Procedure, as amended;
24 (d) To fix and collect just, reasonable and
25 nondiscriminatory charges and rents for the use of such
26 parking areas and facilities, grounds, centers, buildings and
27 auditoriums and admission charges to fairs, shows, exhibits
28 and events sponsored or held by the Authority. The charges
29 collected may be made available to defray the reasonable
30 expenses of the Authority and to pay the principal of and the
31 interest on any bonds issued by the Authority;
32 (e) To enter into contracts treating in any manner with
33 the objects and purposes of this Article.
-869- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/3-7) (from Ch. 85, par. 4707)
3 Section 2-25. Incurring obligations. Sec. 3-7. The
4 Authority shall not incur any obligations for salaries or
5 for, office or administrative expenses except within the
6 amounts of funds that which will be available to it when such
7 obligations become payable.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/3-8) (from Ch. 85, par. 4708)
10 Section 2-35. Acquisition of property from person,
11 State, or local agency. Sec. 3-8. The Authority shall have
12 power (i) to acquire and accept by purchase, lease, gift or
13 otherwise any property or rights useful for the Authority's
14 purposes from any person or persons, from any municipal
15 corporation, body politic, or agency of the State, or from
16 the State itself, (ii) useful for its purposes, and to apply
17 for and accept grants, matching grants, loans or
18 appropriations from the State of Illinois or any agency or
19 instrumentality thereof to be used for any of the purposes of
20 the Authority, and (iii) to enter into any agreement with the
21 State of Illinois in relation to such grants, matching
22 grants, loans or appropriations.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/3-9) (from Ch. 85, par. 4709)
25 Section 2-40. Federal money. Sec. 3-9. The Authority
26 shall have the power (i) to apply for and accept grants,
27 matching grants, loans or appropriations from the federal
28 government or any agency or instrumentality thereof to be
29 used for any of the purposes of the Authority and (ii) to
30 enter into any agreement with the federal government in
31 relation to such grants, matching grants, loans or
-870- LRB9000879DJcd
1 appropriations.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/3-10) (from Ch. 85, par. 4710)
4 Section 2-45. Insurance. Sec. 3-10. The Authority shall
5 have the power to procure and enter into contracts for any
6 type of insurance and indemnity against loss or damage to
7 property from any cause, against loss of use and occupancy,
8 against employers' liability, against any act of any member,
9 officer, or employee of the Board or Authority in the
10 performance of the duties of the his office or employment,
11 and against or any other insurable risk.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/3-11) (from Ch. 85, par. 4711)
14 Section 2-50. Borrowing; revenue bonds; suits to compel
15 performance. Sec. 3-11. The Authority shall have continuing
16 power to borrow money for the purpose of carrying out and
17 performing its duties and exercising its powers under this
18 Article Act.
19 For the purpose of evidencing the obligation of the
20 Authority to repay any money borrowed as aforesaid, the
21 Authority may, pursuant to an ordinance adopted by the Board,
22 from time to time issue and dispose of its interest bearing
23 revenue bonds, and may also from time to time issue and
24 dispose of its interest bearing revenue bonds to refund any
25 bonds at maturity or pursuant to redemption provisions or at
26 any time before maturity with the consent of the holders
27 thereof. All such bonds shall be payable solely from the
28 revenues or income to be derived from the fairs, expositions,
29 exhibitions, rentals and leases and other authorized
30 activities operated by it, and from funds, if any, received
31 and to be received by the Authority from any other source.
32 Such bonds may bear such date or dates, may mature at such
-871- LRB9000879DJcd
1 time or times not exceeding 40 forty years from their
2 respective dates, may bear interest at such rate or rates,
3 not exceeding the maximum rate permitted by the Bond
4 Authorization Act "An Act to authorize public corporations to
5 issue bonds, other evidences of indebtedness and tax
6 anticipation warrants subject to interest rate limitations
7 set forth therein", approved May 26, 1970, as amended, may be
8 in such form, may carry such registration privileges, may be
9 executed in such manner, may be payable at such place or
10 places, may be made subject to redemption in such manner and
11 upon such terms, with or without premium as is stated on the
12 face thereof, may be executed in such manner, and may contain
13 such terms and covenants, all as may be provided in said
14 ordinance. In case any officer whose signature appears on any
15 bond ceases (after attaching his signature) to hold office,
16 his signature shall nevertheless be valid and effective for
17 all purposes. The holder or holders of any bonds, or interest
18 coupons appertaining thereto issued by the Authority may
19 bring suits at law or proceedings in equity to compel the
20 performance and observance by the Authority or any of its
21 officers, agents or employees of or any contract or covenant
22 made by the Authority with the holders of such bonds or
23 interest coupons, and to compel the Authority or and any of
24 its officers, agents or employees to perform any duties
25 required to be performed for the benefit of the holders of
26 any such bonds or interest coupons by the provisions of the
27 ordinance authorizing their issuance, and to enjoin the
28 Authority and any of its officers, agents or employees from
29 taking any action in conflict with any such contract or
30 covenant.
31 Notwithstanding the form and tenor of any such bonds and
32 in the absence of any express recital on the face thereof
33 that it is non-negotiable, all such bonds shall be negotiable
34 instruments under the Uniform Commercial Code.
-872- LRB9000879DJcd
1 From and after the issuance of any bonds as herein
2 provided it shall be the duty of the corporate authorities of
3 the Authority to fix and establish rates, charges, rents, and
4 fees for the use of facilities acquired, constructed,
5 reconstructed, extended or improved with the proceeds of the
6 sale of said bonds sufficient at all times, with other
7 revenues of the Authority, to pay:
8 (a) the cost of maintaining, repairing, regulating and
9 operating the said facilities; and
10 (b) the bonds and interest thereon as they shall become
11 due, and all sinking fund requirements and other requirements
12 provided by the ordinance authorizing the issuance of the
13 bonds or as provided by any trust agreement executed to
14 secure payment thereof.
15 To secure the payment of any or all of such bonds and for
16 the purpose of setting forth the covenants and undertakings
17 of the Authority in connection with the issuance thereof and
18 the issuance of any additional bonds payable from such
19 revenue income to be derived from the fairs, recreational,
20 theatrical, and cultural, expositions, sports sport
21 activities, exhibitions, office rentals, and air space leases
22 and rentals, and from other revenue, if any, the Authority
23 may execute and deliver a trust agreement or agreements;
24 provided that no lien upon any physical property of the
25 Authority shall be created thereby.
26 A remedy for any breach or default of the terms of any
27 such trust agreement by the Authority may be by mandamus
28 proceedings in any court of competent jurisdiction to compel
29 performance and compliance therewith, but the trust agreement
30 may prescribe by whom or on whose behalf such action may be
31 instituted.
32 Before any such bonds (excepting refunding bonds) are
33 sold, the entire authorized issue, or any part thereof, shall
34 be offered for sale as a unit after advertising for bids at
-873- LRB9000879DJcd
1 least 3 three times in a daily newspaper of general
2 circulation published in the metropolitan area, the last
3 publication to be at least 10 ten days before bids are
4 required to be filed. Copies of such advertisement may be
5 published in any newspaper or financial publication in the
6 United States. All bids shall be sealed, filed and opened as
7 provided by ordinance and the bonds shall be awarded to the
8 highest and best bidder or bidders therefor. The Authority
9 shall have the right to reject all bids and to readvertise
10 for bids in the manner provided for in the initial
11 advertisement. However, if no bids are received such bonds
12 may be sold at not less than par value, without further
13 advertising, within 60 days after the bids are required to be
14 filed pursuant to any advertisement.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/3-12) (from Ch. 85, par. 4712)
17 Section 2-55. Bonds; nature of indebtedness. Sec. 3-12.
18 Under no circumstances shall any bonds issued by the
19 Authority be or become an indebtedness or obligation of the
20 State of Illinois or of any other political subdivision of or
21 municipality within the State, nor shall any such bond or
22 obligation be or become an indebtedness of the Authority
23 within the purview of any constitutional limitation or
24 provision, and it shall be plainly stated on the face of each
25 such bond that it does not constitute such an indebtedness or
26 obligation but is payable solely from the revenues or income
27 as provided in this Article aforesaid.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/3-13) (from Ch. 85, par. 4713)
30 Section 2-60. Investment in bonds. Sec. 3-13. The State
31 and all counties, cities, villages, incorporated towns and
32 other municipal corporations, political subdivisions and
-874- LRB9000879DJcd
1 public bodies, and public officers of any thereof;, all
2 banks, bankers, trust companies, savings banks and
3 institutions, building and loan associations, savings and
4 loan associations, investment companies and other persons
5 carrying on an insurance business; and all executors,
6 administrators, guardians, trustees and other fiduciaries may
7 legally invest any sinking funds, moneys or other funds
8 belonging to them or within their control in any bonds issued
9 pursuant to this Article, it being the purpose of this
10 Section to authorize the investment in such bonds of all
11 sinking, insurance, retirement, compensation, pension and
12 trust funds, whether owned or controlled by private or public
13 persons or officers; provided, however, that nothing
14 contained in this Section may be construed as relieving any
15 person from any duty of exercising reasonable care in
16 selecting securities for investment.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/3-14) (from Ch. 85, par. 4714)
19 Section 2-75. Board members; financial matters; conflict
20 of interest. Sec. 3-14. * * *(nonstandard provisions
21 contained in Section 150-15)* * * The members of the Board
22 shall serve without compensation, but shall be reimbursed for
23 actual expenses incurred by them in the performance of their
24 duties.
25 No member of the Board or employee of the Authority shall
26 have any private financial interest, profit or benefit in any
27 contract, work or business of the Authority or nor in the
28 sale or lease of any property to or from the Authority.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/3-15) (from Ch. 85, par. 4715)
31 Section 2-80. Board members' oath. Sec. 3-15. * *
32 *(nonstandard provisions contained in Section 150-20)* * *
-875- LRB9000879DJcd
1 Within 30 days after certification of his appointment, and
2 before entering upon the duties of his office, each member of
3 the Board shall take and subscribe the constitutional oath of
4 office and file it in the office of the Secretary of State.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/3-16) (from Ch. 85, par. 4716)
7 Section 2-85. Board members; vacancy in office. Sec.
8 3-16. Members of the Board shall hold office until their
9 respective successors have been appointed and qualified. Any
10 member may resign from his office; the resignation takes to
11 take effect when the member's his successor has been
12 appointed and has qualified.
13 * * *(nonstandard provisions contained in Section 150-25)* *
14 *
15 In case of failure to qualify within the time required,
16 or of abandonment of his office, or in case of death,
17 conviction of a felony or removal from office, a member's his
18 office shall become vacant. Each vacancy shall be filled for
19 the unexpired term by appointment in like manner, as in the
20 case of expiration of the term of a member of the Board.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/3-17) (from Ch. 85, par. 4717)
23 Section 2-90. Organization of the Board. Sec. 3-17. As
24 soon as practicably possible after the appointment of the
25 initial members, the Board shall organize for the transaction
26 of business, select a chairman and a temporary secretary from
27 its own number, and adopt by-laws and regulations to govern
28 its proceedings. The initial chairman and his successors
29 shall be elected by the Board from time to time for the term
30 of the chairman's his office as a member of the Board or for
31 the term of 3 years, whichever is shorter.
32 (Source: P.A. 84-245.)
-876- LRB9000879DJcd
1 (70 ILCS 220/3-18) (from Ch. 85, par. 4718)
2 Section 2-96. Meetings; action by 4 Board members. Sec.
3 3-18. Regular meetings of the Board shall be held at least
4 once in each calendar month, the time and place of such
5 meetings to be fixed by the Board.
6 Four members of the Board shall constitute a quorum for
7 the transaction of business. All actions of the Board shall
8 be by ordinance or resolution and the affirmative vote of at
9 least 4 members shall be necessary for the adoption of any
10 ordinance or resolution.
11 All ordinances, resolutions and all proceedings of the
12 Authority and all documents and records in its possession
13 shall be public records, and open to public inspection,
14 except such documents and records as shall be kept or
15 prepared by the Board for use in negotiations, actions action
16 or proceedings to which the Authority is a party.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/3-19) (from Ch. 85, par. 4719)
19 Section 2-100. Secretary; treasurer. Sec. 3-19. The
20 Board shall appoint a secretary and a treasurer, who need not
21 be members of the Board, to hold office during the pleasure
22 of the Board, and shall fix their duties and compensation.
23 Before entering upon the duties of their respective offices
24 they shall take and subscribe the constitutional oath of
25 office, and the treasurer shall execute a bond with corporate
26 sureties to be approved by the Board. The bond shall be
27 payable to the Authority in whatever penal sum may be
28 directed upon the faithful performance of the duties of the
29 office and the payment of all money received by the treasurer
30 him according to law and the orders of the Board. The Board
31 may, at any time, require a new bond from the treasurer in a
32 such penal sum as may then be determined by the Board. The
33 obligation of the sureties shall not extend to any loss
-877- LRB9000879DJcd
1 sustained by the insolvency, failure or closing of any
2 national or state bank wherein the treasurer has deposited
3 funds if the bank has been approved by the Board as a
4 depositary for those these funds. The oaths of office and
5 the treasurer's bond shall be filed in the principal office
6 of the Authority.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/3-20) (from Ch. 85, par. 4720)
9 Section 2-105. Funds. Sec. 3-20. All funds deposited by
10 the treasurer in any bank shall be placed in the name of the
11 Authority and shall be withdrawn or paid out only by check or
12 draft upon the bank, signed by the treasurer and
13 countersigned by the chairman of the Board. The Board may
14 designate any of its members or any officer or employee of
15 the Authority to affix the signature of the chairman and
16 another to affix the signature of the treasurer to any check
17 or draft for payment of salaries or wages and for payment of
18 any other obligation of not more than $2,500.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/3-21) (from Ch. 85, par. 4721)
21 Section 2-110. Signatures on checks or drafts. Sec.
22 3-21. In case any officer whose signature appears upon any
23 check or draft, issued pursuant to this Article Act, ceases
24 (after attaching his signature) to hold his office after
25 attaching his or her signature and before the delivery of the
26 check or draft thereof to the payee, that his signature
27 nevertheless shall be valid and sufficient for all purposes
28 with the same effect as if the officer he had remained in
29 office until delivery.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/3-22) (from Ch. 85, par. 4722)
-878- LRB9000879DJcd
1 Section 2-115. General manager; other appointments. Sec.
2 3-22. The Board may appoint a general manager who shall be a
3 person of recognized ability and business experience, to
4 hold office during the pleasure of the Board. The general
5 manager shall have management of the properties and business
6 of the Authority and of the employees thereof subject to the
7 general control of the Board, shall direct the enforcement of
8 all ordinances, resolutions, rules and regulations of the
9 Board, and shall perform such other duties as may be
10 prescribed from time to time by the Board.
11 The Board may appoint a general attorney and a chief
12 engineer and shall provide for the appointment of such other
13 officers, attorneys, engineers, planners, consultants, agents
14 and employees as may be necessary. The Board It shall define
15 their duties and require bonds of such of them as the Board
16 may designate.
17 The general manager, general attorney, chief engineer,
18 and all other officers provided for pursuant to this Section
19 shall be exempt from taking and subscribing any oath of
20 office and shall not be members of the Board.
21 The compensation of the general manager, general
22 attorney, chief engineer, and all other officers, attorneys,
23 planners, consultants, agents and employees shall be fixed by
24 the Board.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/3-23) (from Ch. 85, par. 4723)
27 Section 2-122. Rules and regulations; penalties. Sec.
28 3-23. The Board shall have power to make all rules and
29 regulations proper or necessary to carry into effect the
30 powers granted to the Authority, with such penalties as may
31 be deemed proper.
32 (Source: P.A. 84-245.)
-879- LRB9000879DJcd
1 (70 ILCS 220/3-24) (from Ch. 85, par. 4724)
2 Section 2-126. Contracts; award to other than highest or
3 lowest bidder by vote of 4 Board members. Sec. 3-24. All
4 contracts for the sale of property of the value of more than
5 $2,500 or for a concession in or lease of property including
6 air rights, of the Authority for a term of more than one year
7 shall be awarded to the highest responsible bidder, after
8 advertising for bids. All construction contracts and
9 contracts for supplies, materials, equipment and services,
10 when the expense thereof will exceed $2,500, shall be let to
11 the lowest responsible bidder, after advertising for bids,
12 excepting (1) when repair parts, accessories, equipment or
13 services are required for equipment or services previously
14 furnished or contracted for; (2) when the nature of the
15 services required is such that competitive bidding is not in
16 the best interest of the public, including, without limiting
17 the generality of the foregoing, the services of accountants,
18 architects, attorneys, engineers, physicians, superintendents
19 of construction, and others possessing a high degree of
20 skill; and (3) when services such as water, light, heat,
21 power, telephone or telegraph are required.
22 All contracts involving less than $2,500 shall be let by
23 competitive bidding to the lowest responsible bidder whenever
24 possible, and in any event in a manner calculated to ensure
25 insure the best interests of the public. Competitive bidding
26 is not required for the lease of real estate or buildings
27 owned or controlled by the Authority. The Board is empowered
28 to offer such leases upon such terms as it deems advisable.
29 In determining the responsibility of any bidder, the
30 Board may take into account the past record of dealings with
31 the bidder, the bidder's experience, adequacy of equipment,
32 and ability to complete performance within the time set, and
33 other factors besides financial responsibility, but in no
34 case shall any such contracts be awarded to any other than
-880- LRB9000879DJcd
1 the highest bidder (in case of sale, concession or lease) or
2 the lowest bidder (in case of purchase or expenditure) unless
3 authorized or approved by a vote of at least 4 members of the
4 Board, and unless such action is accompanied by a statement
5 in writing setting forth the reasons for not awarding the
6 contract to the highest or lowest bidder, as the case may be,
7 which statement shall be kept on file in the principal office
8 of the Authority and open to public inspection.
9 Members of the Board, officers and employees of the
10 Authority, and their relatives within the fourth degree of
11 consanguinity by the terms of the civil law, are forbidden to
12 be interested directly or indirectly in any contract for
13 construction or maintenance work or for the delivery of
14 materials, supplies or equipment.
15 The Board shall have the right to reject all bids and to
16 readvertise for bids. If after any such advertisement no
17 responsible and satisfactory bid, within the terms of the
18 advertisement, shall be received, the Board may award such
19 contract, without competitive bidding, provided that it shall
20 not be less advantageous to the Authority than any valid bid
21 received pursuant to advertisement.
22 The Board shall adopt rules and regulations to carry into
23 effect the provisions of this Section.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/3-25) (from Ch. 85, par. 4725)
26 Section 2-130. Bids and advertisements. Advertisements
27 Sec. 3-25. Advertisement for bids shall be published at least
28 twice in a daily newspaper of general circulation published
29 in the metropolitan area, the last publication to be at least
30 10 calendar days before the time for receiving bids, and such
31 advertisements shall also be posted on readily accessible
32 bulletin boards in the principal office of the Authority.
33 Such advertisements shall state the time and place for
-881- LRB9000879DJcd
1 receiving and opening of bids, and, by reference to plans and
2 specifications on file at the time of the first publication,
3 or in the advertisement itself, shall describe the character
4 of the proposed contract in sufficient detail to fully advise
5 prospective bidders of their obligations and to ensure insure
6 free and open competitive bidding.
7 All bids in response to advertisements shall be sealed
8 and shall be publicly opened by the Board, and all bidders
9 shall be entitled to be present in person or by
10 representatives. Cash or a certified or satisfactory
11 cashier's check, as a deposit of good faith, in a reasonable
12 amount to be fixed by the Board before advertising for bids,
13 shall be required with the proposal of each bidder. Bond for
14 faithful performance of the contract with surety or sureties
15 satisfactory to the Board and adequate insurance may be
16 required in reasonable amounts to be fixed by the Board
17 before advertising for bids.
18 The contract shall be awarded as promptly as possible
19 after the opening of bids. The bid of the successful bidder,
20 as well as the bids of the unsuccessful bidders, shall be
21 placed on file and be open to public inspection. All bids
22 shall be void if any disclosure of the terms of any bid in
23 response to an advertisement is made or permitted to be made
24 by the Board before the time fixed for opening bids.
25 * * *(nonstandard provisions contained in Section
26 150-30)* * *
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/3-26) (from Ch. 85, par. 4726)
29 Section 2-135. Report and financial statement. Sec.
30 3-26. As soon after the end of each fiscal year as may be
31 expedient, the Board shall cause to be prepared and printed a
32 complete and detailed report and financial statement of its
33 operations and of its assets and liabilities. A reasonably
-882- LRB9000879DJcd
1 sufficient number of copies of such report shall be printed
2 for distribution to persons interested, upon request and a
3 copy thereof shall be filed with the county clerk and the
4 appointing officers.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/3-27) (from Ch. 85, par. 4727)
7 Section 2-140. State financial support. Sec. 3-27. The
8 Authority Authorities created by this Article Act shall
9 receive financial support from the State in the amounts
10 provided for in Section 4 of the Metropolitan Civic Center
11 Support Act.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/3-28) (from Ch. 85, par. 4728)
14 Section 2-145. Antitrust laws. Sec. 3-28. The Authority
15 is hereby expressly made the beneficiary of the provisions of
16 Section 1 of the Local Government Antitrust Exemption Act "An
17 Act to make explicit the authorization for units of local
18 government and certain other governmental bodies to act as
19 permitted by statute or the Illinois Constitution,
20 notwithstanding effects on competition", amendatory veto
21 overridden November 3, 1983, and the General Assembly intends
22 that the "State action exemption" to the application of the
23 federal antitrust anti-trust laws be fully available to the
24 Authority to the extent its activities are either (1)
25 expressly or by necessary implication authorized by this
26 Article or other Illinois law, or (2) within traditional
27 areas of local governmental activity.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/3-29) (from Ch. 85, par. 4729)
30 Section 2-150. Tax exemption. Sec. 3-29. All property
31 of the Authority shall be exempt from taxation by the State
-883- LRB9000879DJcd
1 or any taxing unit therein.
2 (Source: P.A. 84-245.)
3 PART 155. MATTESON CIVIC CENTER
4 (70 ILCS 325/4-1) (from Ch. 85, par. 7004-1)
5 Section 155-1. Sec. 4-1. Short title. * * *
6 (nonstandard provisions contained in Section 155-1) * * *
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/4-2) (from Ch. 85, par. 7004-2)
9 Section 2-5. Sec. 4-2. Definitions. As used In this
10 Article, unless otherwise requires:
11 * * * (nonstandard provisions contained in Section
12 155-5) * * *
13 "Governmental agency" means the federal government, the
14 State of Illinois, any unit of local government or school
15 district, and any agency or instrumentality thereof.
16 "Person" means any individual, firm, partnership,
17 corporation, foreign or domestic company, association or
18 joint stock association; and includes any trustee, receiver,
19 assignee or personal representative thereof.
20 * * * (nonstandard provisions contained in Section 155-5)
21 * * *
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/4-3) (from Ch. 85, par. 7004-3)
24 Section 2-10. Lawsuits; common seal. Sec. 4-3. * * *
25 (nonstandard provisions contained in Section 155-10) * * *
26 (a) The Authority may sue and be sued in its corporate
27 own name, but execution shall not in any case issue against
28 any property of the Authority.
29 (b) The Authority may adopt a common seal and change the
30 same seal at its pleasure. * * * (nonstandard provisions
31 contained in Section 155-10) * * *
-884- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/4-4) (from Ch. 85, par. 7004-4)
3 Section 2-17. Sec. 4-4. Duties; auditorium and other
4 buildings. It shall be the duty of the Authority to promote,
5 operate and maintain expositions, conventions, or theatrical,
6 sports or cultural activities from time to time in the
7 metropolitan area and in connection therewith to arrange,
8 finance and maintain industrial, cultural, educational,
9 theatrical, sports, trade or scientific exhibits and to lease
10 or construct, equip and maintain auditoriums, exposition
11 buildings or office buildings for such those purposes.
12 The Authority is granted all rights and powers necessary
13 to perform such those duties.
14 (Source: P.A. 86-907.)
15 (70 ILCS 325/4-5) (from Ch. 85, par. 7004-5)
16 Section 155-15. Sec. 4-5. Rights and powers. * * *
17 (nonstandard provisions contained in Section 155-15) * * *
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/4-6) (from Ch. 85, par. 7004-6)
20 Section 2-25. Incurring Sec. 4-6. obligations of
21 Authority; Funds. The Authority shall not incur any
22 obligations for salaries or for office or administrative
23 expenses except within the amounts of funds that which will
24 be available to it when such obligations become payable.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/4-7) (from Ch. 85, par. 7004-7)
27 Section 2-30. Sec. 4-7. Prompt payment. Purchases made
28 under pursuant to this Article shall be made in compliance
29 with the Local Government Prompt Payment Act, as now or
30 hereafter amended.
-885- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/4-8) (from Ch. 85, par. 7004-8)
3 Section 155-18. Sec. 4-8. Acquisition of property;
4 grants, loans and appropriations. * * *(nonstandard
5 provisions contained in Section 155-18)* * *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/4-9) (from Ch. 85, par. 7004-9)
8 Section 2-40. Sec. 4-9. Federal money government;
9 Grants, loans and appropriations. The Authority shall have
10 the power (i) to apply for and accept grants, matching
11 grants, loans or appropriations from the federal government
12 or any agency or instrumentality thereof to be used for any
13 of the purposes of the Authority, and (ii) to enter into any
14 agreement with the federal government in relation to such
15 grants, matching grants, loans or appropriations.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/4-10) (from Ch. 85, par. 7004-10)
18 Section 155-20. Sec. 4-10. State and municipal financial
19 support. * * *(nonstandard provisions contained in Section
20 155-20)* * *
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/4-11) (from Ch. 85, par. 7004-11)
23 Section 2-45. Sec. 4-11. Insurance and indemnity
24 contracts. The Authority shall have the power to procure and
25 enter into contracts for any type of insurance and indemnity
26 against loss or damage to property from any cause, against
27 loss of use and occupancy, against employers' liability,
28 against any act of any member, officer, or employee of the
29 Board or Authority in the performance of the duties of the
30 his or her office or employment, and or against any other
-886- LRB9000879DJcd
1 insurable risk.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/4-12) (from Ch. 85, par. 7004-12)
4 Section 155-25. Sec. 4-12. Power to borrow money; bonds;
5 issuance and sale. * * *(nonstandard provisions contained in
6 Section 155-25)* * *
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/4-13) (from Ch. 85, par. 7004-13)
9 Section 155-30. Sec. 4-13. Bonds; nature of
10 indebtedness. * * *(nonstandard provisions contained in
11 Section 155-30)* * *
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/4-14) (from Ch. 85, par. 7004-14)
14 Section 155-32. Sec. 4-14. Investments in bonds under
15 Article. * * *(nonstandard provisions contained in Section
16 155-32)* * *
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/4-15) (from Ch. 85, par. 7004-15)
19 Section 155-35. Sec. 4-15. Elections; general obligation
20 bonds; form of ballot. * * *(nonstandard provisions contained
21 in Section 155-35)* * *
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/4-16) (from Ch. 85, par. 7004-16)
24 Section 155-40. Sec. 4-16. Bonds; principal and interest
25 payments; taxation. * * *(nonstandard provisions contained in
26 Section 155-40)* * *
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/4-17) (from Ch. 85, par. 7004-17)
-887- LRB9000879DJcd
1 Section 2-75. Board members; financial matters; conflict
2 of interest. Sec. 4-17. Board; Compensation; Conflicts of
3 interest. * * *(nonstandard provisions contained in Section
4 155-45)* * * The members of the Board shall serve without
5 compensation, but shall be reimbursed for actual expenses
6 incurred by them in the performance of their duties.
7 No member of the Board or employee of the Authority shall
8 have any private financial interest, profit or benefit in any
9 contract, work or business of the Authority or nor in the
10 sale or lease of any property to or from the Authority.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/4-18) (from Ch. 85, par. 7004-18)
13 Section 155-50. Sec. 4-18. Members; terms; oath. * *
14 *(nonstandard provisions contained in Section 155-50)* * *
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/4-19) (from Ch. 85, par. 7004-19)
17 Section 2-90. Organization of the Board. Sec. 4-19.
18 Officers; Bylaws and regulations. As soon as practicably
19 possible practicable after the appointment of the initial
20 members, the Board shall organize for the transaction of
21 business, select a chairman and a temporary secretary from
22 its own number members, and adopt by-laws bylaws and
23 regulations to govern its proceedings. The initial chairman
24 and his successors shall be elected by the Board from time to
25 time for the term of the chairman's his or her office as a
26 member of the Board or for the a term of 3 years, whichever
27 is shorter.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/4-20) (from Ch. 85, par. 7004-20)
30 Section 2-96. Sec. 4-20. Meetings; action by 4 Board
31 members Records. Regular meetings of the Board shall be held
-888- LRB9000879DJcd
1 at least once in each calendar month, the time and place of
2 such meetings to be fixed by the Board.
3 Four members of the Board shall constitute a quorum for
4 the transaction of business. All actions action of the Board
5 shall be by ordinance or resolution and the affirmative vote
6 of at least 4 members shall be necessary for the adoption of
7 any ordinance or resolution.
8 All ordinances, resolutions and records of proceedings of
9 the Authority, and all documents and records in its
10 possession, shall be public records, and open to public
11 inspection, except such documents and records as shall be
12 kept or prepared by the Board for use in negotiations,
13 actions or proceedings to which the Authority is a party.
14 (Source: P.A. 86-907.)
15 (70 ILCS 325/4-21) (from Ch. 85, par. 7004-21)
16 Section 2-101. Sec. 4-21. Secretary; treasurer; funds
17 deposited in bank or savings and loan association Sureties.
18 The Board shall appoint a secretary and a treasurer, who need
19 not be members of the Board, to hold office during at the
20 pleasure of the Board, and shall fix their duties and
21 compensation. Before entering upon the their duties of their
22 respective offices they shall take and subscribe the
23 constitutional oath of office, and the treasurer shall
24 execute a bond with corporate sureties to be approved by the
25 Board. The bond shall be payable to the Authority in
26 whatever penal sum may be directed upon the faithful
27 performance of the duties of the office and the payment of
28 all money received by the treasurer him or her according to
29 law and the orders of the Board. The Board may, at any time,
30 require a new bond from the treasurer in such penal sum as
31 may then be determined by the Board. The obligation of the
32 sureties shall not extend to any loss sustained by the
33 insolvency, failure or closing of any savings and loan
-889- LRB9000879DJcd
1 association or national or State bank wherein the treasurer
2 has deposited funds if the bank or savings and loan
3 association has been approved by the Board as a depository
4 for those these funds. The oaths of office and the
5 treasurer's bond shall be filed in the principal office of
6 the Authority.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/4-22) (from Ch. 85, par. 7004-22)
9 Section 2-106. Funds; compliance with Public Funds
10 Investment Act. Sec. 4-22. Deposit of funds; Withdrawals;
11 Payments. All funds deposited by the treasurer in any bank or
12 savings and loan association shall be placed in the name of
13 the Authority and shall be withdrawn or paid out only by
14 check or draft upon the bank or savings and loan association,
15 signed by the treasurer and countersigned by the chairman of
16 the Board. The Board may designate any of its members or any
17 officer or employee of the Authority to affix the signature
18 of the chairman and another to affix the signature of the
19 treasurer to any check or draft for payment of salaries or
20 wages and for payment of any other obligation of not more
21 than $2,500.
22 No bank or savings and loan association shall receive
23 public funds as permitted by this Section, unless it has
24 complied with the requirements established pursuant to
25 Section 6 of the Public Funds Investment Act "An Act relating
26 to certain investments of public funds by public agencies",
27 approved July 23, 1943, as now or hereafter amended.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/4-23) (from Ch. 85, par. 7004-23)
30 Section 2-110. Sec. 4-23. Officers' Signatures on checks
31 or and drafts; Validity. In case any officer whose signature
32 appears upon any check or draft, issued pursuant to this
-890- LRB9000879DJcd
1 Article, ceases (after attaching his or her signature) to
2 hold his or her office after attaching his or her signature
3 and before the delivery of the check or draft thereof to the
4 payee, that his signature nevertheless shall be valid and
5 sufficient for all purposes with the same effect as if the
6 officer he had remained in office until delivery thereof.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/4-24) (from Ch. 85, par. 7004-24)
9 Section 2-115. Sec. 4-24. General manager; other
10 appointments Attorney; Chief engineer. The Board may appoint
11 a general manager, who shall be a person of recognized
12 ability and business experience, to hold office during at the
13 pleasure of the Board. The general manager shall have
14 management of manage the properties and business of the
15 Authority and of the employees thereof subject to the general
16 control of the Board, and shall direct the enforcement of all
17 ordinances, resolutions, rules and regulations of the Board,
18 and shall perform such other duties as may be prescribed from
19 time to time by the Board.
20 The Board may appoint a general attorney and a chief
21 engineer and shall provide for the appointment of such other
22 officers, attorneys, engineers, planners, consultants, agents
23 and employees as may be necessary. The Board shall define
24 their duties and require bonds of such of them as the Board
25 may designate.
26 The general manager, general attorney, chief engineer,
27 and all other officers provided for pursuant to this Section
28 shall be exempt from taking and subscribing any oath of
29 office and shall not be members of the Board.
30 The compensation of the general manager, general
31 attorney, chief engineer, and all other officers, attorneys,
32 planners engineers, consultants, agents and employees shall
33 be fixed by the Board.
-891- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/4-25) (from Ch. 85, par. 7004-25)
3 Section 2-120. Sec. 4-25. Ordinances,; rules, and
4 regulations; fines and penalties. The Board shall have power
5 to pass all ordinances and make all rules and regulations
6 proper or necessary to carry into effect the powers granted
7 to the Authority, with such fines or penalties as may be
8 deemed proper. All fines and penalties shall be imposed by
9 ordinance, which shall be published in a newspaper of general
10 circulation published in the metropolitan area. No such
11 ordinance imposing a fine or penalty shall take effect until
12 10 days after its publication.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/4-26) (from Ch. 85, par. 7004-26)
15 Section 155-55. Sec. 4-26. Contracts, concessions or
16 leases; Bidding. * * *(nonstandard provisions contained in
17 Section 155-55)* * *
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/4-27) (from Ch. 85, par. 7004-27)
20 Section 2-130. Bids and advertisements. Sec. 4-27.
21 Advertisements; Bids. Advertisements for bids shall be
22 published at least twice in a daily newspaper of general
23 circulation published in the metropolitan area, the last
24 publication to be at least 10 calendar days before the time
25 for receiving bids, and such advertisements shall also be
26 posted on readily accessible bulletin boards in the principal
27 office of the Authority. Such advertisements shall state the
28 time and place for receiving and opening of bids, and, by
29 reference to plans and specifications on file at the time of
30 the first publication, or in the advertisement itself, shall
31 describe the character of the proposed contract in sufficient
-892- LRB9000879DJcd
1 detail to fully advise prospective bidders of their
2 obligations and to ensure insure free and open competitive
3 bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/4-28) (from Ch. 85, par. 7004-28)
24 Section 155-60. Sec. 4-28. Report; financial statement.
25 * * *(nonstandard provisions contained in Section 155-60)* *
26 *
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/4-29) (from Ch. 85, par. 7004-29)
29 Section 2-145. Sec. 4-29. Antitrust laws; State action
30 exemption. The Authority is hereby expressly made the
31 beneficiary of the provisions of Section 1 of the Local
32 Government Antitrust Exemption Act "An Act to make explicit
-893- LRB9000879DJcd
1 the authorization for units of local government and certain
2 other governmental bodies to act as permitted by statute or
3 the Illinois Constitution, notwithstanding effects on
4 competition", amendatory veto overridden November 3, 1983, as
5 now or hereafter amended, and the General Assembly intends
6 that the "State action exemption" to the application of the
7 federal antitrust laws be fully available to the Authority to
8 the extent its activities are either (1) expressly or by
9 necessary implication authorized by this Article or other
10 Illinois law, or (2) within traditional areas of local
11 governmental activity.
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/4-30) (from Ch. 85, par. 7004-30)
14 Section 2-150. Sec. 4-30. Property Tax exemption. All
15 property of the Authority shall be exempt from taxation by
16 the State or any taxing unit therein.
17 (Source: P.A. 86-907.)
18 PART 160. MAYWOOD CIVIC CENTER
19 (70 ILCS 310/5-1) (from Ch. 85, par. 6905-1)
20 Section 2-3. Purpose. Sec. 5-1. The purpose of this
21 Article is to accomplish the aims of the State of Illinois to
22 enhance the ability of its citizens to avail themselves of
23 civic and cultural centers geographically situated throughout
24 the entire State of Illinois.
25 (Source: P.A. 86-888.)
26 (70 ILCS 310/5-2) (from Ch. 85, par. 6905-2)
27 Section 160-1. Short title Sec. 5-2. * * *(nonstandard
28 provisions contained in Section 160-1)* * *
29 (Source: P.A. 86-888.)
30 (70 ILCS 310/5-3) (from Ch. 85, par. 6905-3)
-894- LRB9000879DJcd
1 Section 2-5. Definitions. Sec. 5-3. When used In this
2 Article:
3 * * *(nonstandard provisions contained in Section 160-5)*
4 * *
5 "Governmental agency" means the federal government, the
6 State, and any unit of local government or school district
7 governmental body, and any agency or instrumentality,
8 corporate or otherwise, thereof.
9 "Person" means any individual, firm, partnership,
10 corporation, both domestic and foreign, company, association
11 or joint stock association; and includes any trustee,
12 receiver, assignee or personal representative thereof.
13 * * *(nonstandard provisions contained in Section 160-5)*
14 * *
15 (Source: P.A. 86-888.)
16 (70 ILCS 310/5-4) (from Ch. 85, par. 6905-4)
17 Section 2-10. Lawsuits; common seal. Sec. 5-4. * *
18 *(nonstandard provisions contained in Section 160-10)* * *
19 (a) The Authority may sue and be sued in its corporate
20 name, but execution shall not in any case issue against any
21 property of the Authority.
22 (b) The Authority It may adopt a common seal and change
23 the same at its pleasure. * * *(nonstandard provisions
24 contained in Section 160-10)* * *
25 (Source: P.A. 86-888.)
26 (70 ILCS 310/5-5) (from Ch. 85, par. 6905-5)
27 Section 2-15. Duties; auditorium, recreational, and other
28 buildings; lease of space. Sec. 5-5. It shall be the duty of
29 the Authority to promote, operate and maintain expositions,
30 conventions, and theatrical, sports and cultural activities
31 from time to time in the metropolitan area and in connection
32 therewith to arrange, finance and maintain industrial,
-895- LRB9000879DJcd
1 cultural, educational, theatrical, sports, trade and
2 scientific exhibits and to construct, equip and maintain
3 auditorium, exposition, recreational and office buildings for
4 such purposes.
5 The provision of office space for lease and rental and
6 the lease of air space over and appurtenant to such
7 structures shall be deemed an integral function of the
8 Authority.
9 The Authority is granted all rights and powers necessary
10 to perform such duties.
11 (Source: P.A. 86-888.)
12 (70 ILCS 310/5-6) (from Ch. 85, par. 6905-6)
13 Section 2-20. Rights and powers, including eminent
14 domain. Sec. 5-6. The Authority shall have the following
15 rights and powers duties:
16 (a) To acquire, purchase, own, construct, lease as
17 lessee or in any other way acquire, improve, extend, repair,
18 reconstruct, regulate, operate, equip and maintain exhibition
19 centers, civic auditoriums, cultural facilities and office
20 buildings, including sites and parking areas and commercial
21 facilities therefor located within the metropolitan area;.
22 (b) To plan for such grounds, centers and auditoriums
23 and to plan, sponsor, hold, arrange and finance fairs,
24 industrial, cultural, educational education, trade and
25 scientific exhibits, shows and events and to use or allow the
26 use of such grounds, centers, and auditoriums for the holding
27 of fairs, exhibits, shows and events whether conducted by the
28 Authority or some other person or governmental agency;.
29 (c) To exercise the right of eminent domain to acquire
30 sites for such grounds, centers, buildings and auditoriums,
31 and parking areas and facilities in the manner provided for
32 the exercise of the right of eminent domain under Article VII
33 of the Code of Civil Procedure, as now or hereafter amended;.
-896- LRB9000879DJcd
1 (d) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds, centers, buildings and
4 auditoriums and admission charges to fairs, shows, exhibits
5 and events sponsored or held by the Authority. The charges
6 collected may be made available to defray the reasonable
7 expenses of the Authority and to pay the principal of, and
8 the interest on, any bonds issued by the Authority;.
9 (e) To enter into contracts treating in any manner with
10 the objects and purposes of this Article.
11 (Source: P.A. 86-888.)
12 (70 ILCS 310/5-7) (from Ch. 85, par. 6905-7)
13 Section 2-25. Incurring obligations. Sec. 5-7. The
14 Authority shall not incur any obligations for salaries, or
15 for office or administrative expenses except within the
16 amounts of funds that which will be available to it when such
17 obligations become payable.
18 (Source: P.A. 86-888.)
19 (70 ILCS 310/5-8) (from Ch. 85, par. 6905-8)
20 Section 2-35. Acquisition of property from person,
21 State, or local agency. Sec. 5-8. The Authority shall have
22 power (i) to acquire and accept by purchase, lease, gift or
23 otherwise any property or rights useful for the Authority's
24 purposes from any person or persons, from any municipal
25 corporation, body politic, or agency of the State, or from
26 the State itself, (ii) useful for its purposes, and to apply
27 for and accept grants, matching grants, loans or
28 appropriations from the State of Illinois or any agency or
29 instrumentality thereof to be used for any of the purposes of
30 the Authority, and (iii) to enter into any agreement with the
31 State of Illinois in relation to such grants, matching
32 grants, loans or appropriations.
-897- LRB9000879DJcd
1 (Source: P.A. 86-888.)
2 (70 ILCS 310/5-9) (from Ch. 85, par. 6905-9)
3 Section 2-40. Federal money. Sec. 5-9. The Authority
4 shall have the power (i) to apply for and accept grants,
5 matching grants, loans or appropriations from the federal
6 government or any agency or instrumentality thereof to be
7 used for any of the purposes of the Authority and (ii) to
8 enter into any agreement with the federal government in
9 relation to such grants, matching grants, loans or
10 appropriations.
11 (Source: P.A. 86-888.)
12 (70 ILCS 310/5-10) (from Ch. 85, par. 6905-10)
13 Section 2-45. Insurance. Sec. 5-10. The Authority shall
14 have the power to procure and enter into contracts for any
15 type of insurance and indemnity against loss or damage to
16 property from any cause, against loss of use and occupancy,
17 against employers' liability, against any act of any member,
18 officer, or employee of the Board or Authority in the
19 performance of the duties of the his office or employment,
20 and against or any other insurable risk.
21 (Source: P.A. 86-888.)
22 (70 ILCS 310/5-11) (from Ch. 85, par. 6905-11)
23 Section 160-15. Borrowing; revenue bonds. Sec. 5-11. * *
24 *(nonstandard provisions contained in Section 160-15)* * *
25 (Source: P.A. 86-888; 86-1028.)
26 (70 ILCS 310/5-12) (from Ch. 85, par. 6905-12)
27 Section 2-55. Bonds; nature of indebtedness. Sec. 5-12.
28 Under no circumstances shall any bonds issued by the
29 Authority be or become an indebtedness or obligation of the
30 State of Illinois or of any political subdivision of or
-898- LRB9000879DJcd
1 municipality within the State, nor shall any such bond or
2 obligation be or become an indebtedness of the Authority
3 within the purview of any constitutional limitation or
4 provision, and it shall be plainly stated on the face of each
5 such bond that it does not constitute such an indebtedness or
6 obligation but is payable solely from the revenues or income
7 as provided in this Article aforesaid.
8 (Source: P.A. 86-888.)
9 (70 ILCS 310/5-13) (from Ch. 85, par. 6905-13)
10 Section 2-60. Investment in bonds. Sec. 5-13. The State
11 and all counties, cities, villages, incorporated towns and
12 other municipal corporations, political subdivisions and
13 public bodies, and public officers of any thereof;, all
14 banks, bankers, trust companies, savings banks and
15 institutions, building and loan associations, savings and
16 loan associations, investment companies, and other persons
17 carrying on an insurance business; and all executors,
18 administrators, guardians, trustees and other fiduciaries may
19 legally invest any sinking funds, moneys or other funds
20 belonging to them or within their control in any bonds issued
21 pursuant to this Article, it being the purpose of this
22 Section to authorize the investment in such bonds of all
23 sinking, insurance, retirement, compensation, pension and
24 trust funds, whether owned or controlled by private or public
25 persons or officers; provided, however, that nothing
26 contained in this Section may be construed as relieving any
27 person from any duty of exercising reasonable care in
28 selecting securities for investment.
29 (Source: P.A. 86-888.)
30 (70 ILCS 310/5-14) (from Ch. 85, par. 6905-14)
31 Section 2-75. Board members; financial matters; conflict
32 of interest. Sec. 5-14. * * *(nonstandard provisions
-899- LRB9000879DJcd
1 contained in Section 160-20)* * * The members of the Board
2 shall serve without compensation, but shall be reimbursed for
3 actual expenses incurred by them in the performance of their
4 duties.
5 No member of the Board or employee of the Authority shall
6 have any private financial interest, profit or benefit in any
7 contract, work or business of the Authority or nor in the
8 sale or lease of any property to or from the Authority.
9 (Source: P.A. 86-888.)
10 (70 ILCS 310/5-15) (from Ch. 85, par. 6905-15)
11 Section 2-80. Board members' oath. Sec. 5-15. * *
12 *(nonstandard provisions contained in Section 160-25)* * *
13 Within 30 days after certification of his appointment, and
14 before entering upon the duties of his office, each member of
15 the Board shall take and subscribe the constitutional oath of
16 office and file it in the office of the Secretary of State.
17 (Source: P.A. 86-888.)
18 (70 ILCS 310/5-16) (from Ch. 85, par. 6905-16)
19 Section 2-85. Board members; vacancy in office. Sec.
20 5-16. Members of the Board shall hold office until their
21 respective successors have been appointed and qualified. Any
22 member may resign from his office; the resignation takes to
23 take effect when the member's his successor has been
24 appointed and has qualified.
25 Section 2-83. Removal of Board member from office. The
26 appointing officer may remove any member of the Board
27 appointed by the officer him, in case of incompetency,
28 neglect of duty, or malfeasance in office, after service on
29 the member him, by registered United States mail, return
30 receipt requested, of a copy of the written charges against
31 the member him and an opportunity to be publicly heard in
32 person or by counsel in the member's his own defense upon not
-900- LRB9000879DJcd
1 less than 10 days' days notice.
2 (Section 2-85, resumed)
3 In case of failure to qualify within the time required,
4 or of abandonment of his office, or in case of death,
5 conviction of a felony or removal from office, a member's his
6 office shall become vacant. Each vacancy shall be filled for
7 the unexpired term by appointment in like manner, as in the
8 case of expiration of the term of a member of the Board.
9 (Source: P.A. 86-888.)
10 (70 ILCS 310/5-17) (from Ch. 85, par. 6905-17)
11 Section 2-90. Organization of the Board. Sec. 5-17. As
12 soon as practicably possible after the appointment of the
13 initial members, the Board shall organize for the transaction
14 of business, select a chairman and a temporary secretary from
15 its own number, and adopt by-laws bylaws and regulations to
16 govern its proceedings. The initial chairman and his
17 successors shall be elected by the Board from time to time
18 for the term of the chairman's his office as a member of the
19 Board or for the term of 3 years, whichever is shorter.
20 (Source: P.A. 86-888.)
21 (70 ILCS 310/5-18) (from Ch. 85, par. 6905-18)
22 Section 2-96. Meetings; action by 4 Board members. Sec.
23 5-18. Regular meetings of the Board shall be held at least
24 once in each calendar month, the time and place of such
25 meetings to be fixed by the Board.
26 Four members of the Board shall constitute a quorum for
27 the transaction of business. All actions of the Board shall
28 be by ordinance or resolution and the affirmative vote of at
29 least 4 members shall be necessary for the adoption of any
30 ordinance or resolution.
31 All ordinances, resolutions and all proceedings of the
32 Authority and all documents and records in its possession
-901- LRB9000879DJcd
1 shall be public records, and open to public inspection,
2 except such documents and records as shall be kept or
3 prepared by the Board for use in negotiations, actions action
4 or proceedings to which the Authority is a party.
5 (Source: P.A. 86-888.)
6 (70 ILCS 310/5-19) (from Ch. 85, par. 6905-19)
7 Section 2-100. Secretary; treasurer. Sec. 5-19. The
8 Board shall appoint a secretary and a treasurer, who need not
9 be members of the Board, to hold office during the pleasure
10 of the Board, and shall fix their duties and compensation.
11 Before entering upon the duties of their respective offices,
12 they shall take and subscribe the constitutional oath of
13 office, and the treasurer shall execute a bond with corporate
14 sureties to be approved by the Board. The bond shall be
15 payable to the Authority in whatever penal sum may be
16 directed upon the faithful performance of the duties of the
17 office and the payment of all money received by the treasurer
18 him according to law and the orders of the Board. The Board
19 may, at any time, require a new bond from the treasurer in a
20 such penal sum as may then be determined by the Board. The
21 obligation of the sureties shall not extend to any loss
22 sustained by the insolvency, failure or closing of any
23 national or state bank wherein the treasurer has deposited
24 funds if the bank has been approved by the Board as a
25 depositary depository for those these funds. The oaths of
26 office and the treasurer's bond bonds shall be filed in the
27 principal office of the Authority.
28 (Source: P.A. 86-888.)
29 (70 ILCS 310/5-20) (from Ch. 85, par. 6905-20)
30 Section 2-105. Funds. Sec. 5-20. All funds deposited by
31 the treasurer in any bank shall be placed in the name of the
32 Authority and shall be withdrawn or paid out only by check or
-902- LRB9000879DJcd
1 draft upon the bank, signed by the treasurer and
2 countersigned by the chairman of the Board. The Board may
3 designate any of its members or any officer or employee of
4 the Authority to affix the signature of the chairman and
5 another to affix the signature of the treasurer to any check
6 or draft for payment of salaries or wages and for payment of
7 any other obligation of not more than $2,500.
8 (Source: P.A. 86-888.)
9 (70 ILCS 310/5-21) (from Ch. 85, par. 6905-21)
10 Section 2-110. Signatures on checks or drafts. Sec. 5-21.
11 In case any officer whose signature appears upon any check or
12 draft issued pursuant to this Article Act ceases (after
13 attaching his signature) to hold his office after attaching
14 his or her signature and before the delivery of the check or
15 draft thereof to the payee, that his signature, nevertheless,
16 shall be valid and sufficient for all purposes with the same
17 effect as if the officer he had remained in office until
18 delivery.
19 (Source: P.A. 86-888.)
20 (70 ILCS 310/5-22) (from Ch. 85, par. 6905-22)
21 Section 2-115. General manager; other appointments. Sec.
22 5-22. The Board may appoint a general manager who shall be a
23 person of recognized ability and business experience, to hold
24 office during the pleasure of the Board. The general manager
25 shall have management of the properties and business of the
26 Authority and of the employees thereof subject to the general
27 control of the Board, shall direct the enforcement of all
28 ordinances, resolutions, rules and regulations of the Board,
29 and shall perform such other duties as may be prescribed from
30 time to time by the Board.
31 The Board may appoint a general attorney and a chief
32 engineer and shall provide for the appointment of such other
-903- LRB9000879DJcd
1 officers, attorneys, engineers, planners, consultants, agents
2 and employees as may be necessary. The Board It shall define
3 their duties and require bonds of such of them as the Board
4 may designate.
5 The general manager, general attorney, chief engineer,
6 and all other officers provided for, pursuant to this
7 Section, shall be exempt from taking and subscribing any oath
8 of office and shall not be members of the Board.
9 The compensation of the general manager, general
10 attorney, chief engineer, and all other officers, attorneys,
11 planners, consultants, agents and employees shall be fixed by
12 the Board.
13 (Source: P.A. 86-888.)
14 (70 ILCS 310/5-23) (from Ch. 85, par. 6905-23)
15 Section 2-122. Rules and regulations; penalties. Sec.
16 5-23. The Board shall have power to make all rules and
17 regulations, proper or necessary, to carry into effect the
18 powers granted to the Authority, with such penalties as may
19 be deemed proper.
20 (Source: P.A. 86-888.)
21 (70 ILCS 310/5-24) (from Ch. 85, par. 6905-24)
22 Section 2-126. Contracts; award to other than highest or
23 lowest bidder by vote of 4 Board members. Sec. 5-24. All
24 contracts for the sale of property of the value of more than
25 $2,500 or for a concession in or lease of property including
26 air rights, of the Authority for a term of more than one year
27 shall be awarded to the highest responsible bidder, after
28 advertising for bids. All construction contracts and
29 contracts for supplies, materials, equipment and services,
30 when the expense thereof will exceed $2,500, shall be let to
31 the lowest responsible bidder, after advertising for bids,
32 excepting (1) when repair parts, accessories, equipment or
-904- LRB9000879DJcd
1 services are required for equipment or services previously
2 furnished or contracted for; (2) when the nature of the
3 services required is such that competitive bidding is not in
4 the best interest of the public, including, without limiting
5 the generality of the foregoing, the services of accountants,
6 architects, attorneys, engineers, physicians, superintendents
7 of construction, and others possessing a high degree of
8 skill; and (3) when services such as water, light, heat,
9 power, telephone or telegraph are required.
10 All contracts involving less than $2,500 shall be let by
11 competitive bidding to the lowest responsible bidder whenever
12 possible, and, in any event, in a manner calculated to ensure
13 insure the best interests of the public. Competitive bidding
14 is not required for the lease of real estate or buildings
15 owned or controlled by the Authority. The Board is empowered
16 to offer such leases upon such terms as it deems advisable.
17 In determining the responsibility of any bidder, the
18 Board may take into account the past record records of
19 dealings with the bidder, the bidder's experience, adequacy
20 of equipment, and ability to complete performance within the
21 time set, and other factors besides financial responsibility,
22 but in no case shall any such contracts be awarded to any
23 other than the highest bidder (in case of sale, concession or
24 lease) or the lowest bidder (in case of purchase or
25 expenditure) unless authorized or approved by a vote of at
26 least 4 members of the Board, and unless such action is
27 accompanied by a statement in writing setting forth the
28 reasons for not awarding the contract to the highest or
29 lowest bidder, as the case may be, which statement shall be
30 kept on file in the principal office of the Authority and
31 open to public inspection.
32 Members of the Board, officers and employees of the
33 Authority, and their relatives within the fourth degree of
34 consanguinity by the terms of the civil law, are forbidden to
-905- LRB9000879DJcd
1 be interested directly or indirectly in any contract for
2 construction or maintenance work or for the delivery of
3 materials, supplies or equipment.
4 The Board shall have the right to reject all bids and to
5 readvertise for bids. If after any such advertisement no
6 responsible and satisfactory bid, within the terms of the
7 advertisement, shall be received, the Board may award such
8 contract, without competitive bidding, provided that it shall
9 not be less advantageous to the Authority than any valid bid
10 received pursuant to advertisement.
11 The Board shall adopt rules and regulations to carry into
12 effect the provisions of this Section.
13 (Source: P.A. 86-888.)
14 (70 ILCS 310/5-25) (from Ch. 85, par. 6905-25)
15 Section 2-130. Bids and advertisements. Sec. 5.25.
16 Advertisements for bids shall be published at least twice in
17 a daily newspaper of general circulation published in the
18 metropolitan area, the last publication to be at least 10
19 calendar days before the time for receiving bids, and such
20 advertisements shall also be posted on readily accessible
21 bulletin boards in the principal office of the Authority.
22 Such advertisements shall state the time and place for
23 receiving and opening of bids and, by reference to plans and
24 specifications on file for receiving and opening of bids and
25 by reference to plans and specifications on file at the time
26 of the first publication, or in the advertisement itself,
27 shall describe the character of the proposed contract in
28 sufficient detail to fully advise prospective bidders of
29 their obligations and to ensure insure free and open
30 competitive bidding.
31 All bids in response to advertisements shall be sealed
32 and shall be publicly opened by the Board, and all bidders
33 shall be entitled to be present in person or by
-906- LRB9000879DJcd
1 representatives. Cash or a certified or satisfactory
2 cashier's check, as a deposit of good faith, in a reasonable
3 amount to be fixed by the Board before advertising for bids,
4 shall be required with the proposal of each bidder. Bond for
5 faithful performance of the contract with surety or sureties
6 satisfactory to the Board and adequate insurance may be
7 required in reasonable amounts to be fixed by the Board
8 before advertising for bids.
9 The contract shall be awarded as promptly as possible
10 after the opening of bids. The bid of the successful bidder,
11 as well as the bids of the unsuccessful bidders, shall be
12 placed on file and be open to public inspection. All bids
13 shall be void if any disclosure of the terms of any bid in
14 response to an advertisement is made or permitted to be made
15 by the Board before the time fixed for opening bids.
16 * * *(nonstandard provisions contained in Section
17 160-30)* * *
18 (Source: P.A. 86-888.)
19 (70 ILCS 310/5-26) (from Ch. 85, par. 6905-26)
20 Section 2-135. Report and financial statement. Sec.
21 5.26. As soon after the end of each fiscal year as may be
22 expedient, the Board shall cause to be prepared and printed a
23 complete and detailed report and financial statement of its
24 operations and of its assets and liabilities. A reasonably
25 sufficient number of copies of such report shall be printed
26 for distribution to persons interested upon request and a
27 copy thereof shall be filed with the county clerk and the
28 appointing officers.
29 (Source: P.A. 86-888.)
30 (70 ILCS 310/5-27) (from Ch. 85, par. 6905-27)
31 Section 2-140. State financial support. Sec. 5.27. The
32 Authority created by this Article Act shall receive financial
-907- LRB9000879DJcd
1 support from the State in the amounts provided for in Section
2 4 of the Metropolitan Civic Center Support Act, as now or
3 hereafter amended.
4 (Source: P.A. 86-888.)
5 (70 ILCS 310/5-28) (from Ch. 85, par. 6905-28)
6 Section 2-145. Antitrust laws. Sec. 5.28. The Authority
7 is hereby expressly made the beneficiary of the provisions of
8 Section 1 of the Local Government Antitrust Exemption Act "An
9 Act to make explicit the authorization for units of local
10 government and certain other governmental bodies to act as
11 permitted by statute or the Illinois Constitution,
12 notwithstanding effects on competition", amendatory veto
13 overridden November 3, 1983, as now or hereafter amended, and
14 the General Assembly intends that the "State action
15 exemption" to the application of the federal antitrust laws
16 be fully available to the Authority to the extent its
17 activities are either (1) expressly or by necessary
18 implication authorized by this Article or other Illinois law,
19 or (2) within traditional areas of local governmental
20 activity.
21 (Source: P.A. 86-888.)
22 (70 ILCS 310/5-29) (from Ch. 85, par. 6905-29)
23 Section 2-150. Tax exemption. Sec. 5-29. All property
24 of the Authority shall be exempt from taxation by the State
25 or any taxing unit therein.
26 (Source: P.A. 86-888.)
27 (70 ILCS 310/5-30) (from Ch. 85, par. 6905-30)
28 Section 2-30. Prompt payment. Sec. 5-30. Purchases
29 made under pursuant to this Article shall be made in
30 compliance with the Local Government Prompt Payment Act, as
31 now or hereafter amended.
-908- LRB9000879DJcd
1 (Source: P.A. 86-888.)
2 PART 165. MELROSE PARK CIVIC CENTER
3 (70 ILCS 245/2-1) (from Ch. 85, par. 6702-1)
4 Section 2-3. Purpose. Sec. 2-1. The purpose of this
5 Article Act is to accomplish the aims of the State of
6 Illinois to enhance the ability of its citizens to avail
7 themselves of civic and cultural centers geographically
8 situated throughout the entire State of Illinois.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-2) (from Ch. 85, par. 6702-2)
11 Section 165-1. Short title. Sec. 2-2. * * *(nonstandard
12 provisions contained in Section 165-1)* * *
13 (Source: P.A. 86-8.)
14 (70 ILCS 245/2-3) (from Ch. 85, par. 6702-3)
15 Section 2-5. Definitions. In Sec. 2-3. When used in this
16 Article Act:
17 * * *(nonstandard provisions contained in Section 165-5)*
18 * *
19 "Governmental agency" means the federal government, the
20 State, and any unit of local governmental or school district
21 body, and any agency or instrumentality, corporate or
22 otherwise, thereof.
23 "Person" means any individual, firm, partnership,
24 corporation, both domestic and foreign, company, association
25 or joint stock association; and includes any trustee,
26 receiver, assignee or personal representative thereof.
27 * * *(nonstandard provisions contained in Section 165-5)*
28 * *
29 (Source: P.A. 86-8.)
30 (70 ILCS 245/2-4) (from Ch. 85, par. 6702-4)
-909- LRB9000879DJcd
1 Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
2 *(nonstandard provisions contained in Section 165-10)* * *
3 (a) The Authority may sue and be sued in its corporate
4 name, but execution shall not in any case issue against any
5 property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * *(nonstandard provisions
8 contained in Section 165-10)* * *
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-5) (from Ch. 85, par. 6702-5)
11 Section 2-15. Duties; auditorium, recreational, and
12 other buildings; lease of space. Sec. 2-5. It shall be the
13 duty of the Authority to promote, operate and maintain
14 expositions, conventions, and theatrical, sports and cultural
15 activities from time to time in the metropolitan area and in
16 connection therewith to arrange, finance and maintain
17 industrial, cultural, educational, theatrical, sports, trade
18 and scientific exhibits and to construct, equip and maintain
19 auditorium, exposition, recreational and office buildings for
20 such purposes.
21 The provision of office space for lease and rental and
22 the lease of air space over and appurtenant to such
23 structures shall be deemed an integral function of the
24 Authority.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 (Source: P.A. 86-8.)
28 (70 ILCS 245/2-6) (from Ch. 85, par. 6702-6)
29 Section 2-20. Rights and powers, including eminent
30 domain. Sec. 2-6. The Authority shall have the following
31 rights and powers duties:
32 (a) To acquire, purchase, own, construct, lease as
-910- LRB9000879DJcd
1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain exhibition
3 centers, civic auditoriums, cultural facilities and office
4 buildings, including sites and parking areas and commercial
5 facilities therefor located within the metropolitan area;.
6 (b) To plan for such grounds, centers and auditoriums
7 and to plan, sponsor, hold, arrange and finance fairs,
8 industrial, cultural, educational education, trade and
9 scientific exhibits, shows and events and to use or allow the
10 use of such grounds, centers, and auditoriums for the holding
11 of fairs, exhibits, shows and events whether conducted by the
12 Authority or some other person or governmental agency;.
13 (c) To exercise the right of eminent domain to acquire
14 sites for such grounds, centers, buildings and auditoriums,
15 and parking areas and facilities in the manner provided for
16 the exercise of the right of eminent domain under Article VII
17 of the Code of Civil Procedure, as now or hereafter amended;.
18 (d) To fix and collect just, reasonable and
19 nondiscriminatory charges and rents for the use of such
20 parking areas and facilities, grounds, centers, buildings and
21 auditoriums and admission charges to fairs, shows, exhibits
22 and events sponsored or held by the Authority. The charges
23 collected may be made available to defray the reasonable
24 expenses of the Authority and to pay the principal of, and
25 the interest on, any bonds issued by the Authority;.
26 (e) To enter into contracts treating in any manner with
27 the objects and purposes of this Article Act.
28 (Source: P.A. 86-8.)
29 (70 ILCS 245/2-7) (from Ch. 85, par. 6702-7)
30 Section 2-25. Incurring obligations. Sec. 2-7. The
31 Authority shall not incur any obligations for salaries or
32 for, office or administrative expenses except within the
33 amounts of funds that which will be available to it when such
-911- LRB9000879DJcd
1 obligations become payable.
2 (Source: P.A. 86-8.)
3 (70 ILCS 245/2-8) (from Ch. 85, par. 6702-8)
4 Section 2-35. Acquisition of property from person,
5 State, or local agency. Sec. 2-8. The Authority shall have
6 power (i) to acquire and accept by purchase, lease, gift or
7 otherwise any property or rights useful for the Authority's
8 purposes from any person or persons, from any municipal
9 corporation, body politic, or agency of the State, or from
10 the State itself, (ii) useful for its purposes, and to apply
11 for and accept grants, matching grants, loans or
12 appropriations from the State of Illinois or any agency or
13 instrumentality thereof to be used for any of the purposes of
14 the Authority, and (iii) to enter into any agreement with the
15 State of Illinois in relation to such grants, matching
16 grants, loans or appropriations.
17 (Source: P.A. 86-8.)
18 (70 ILCS 245/2-9) (from Ch. 85, par. 6702-9)
19 Section 2-40. Federal money. Sec. 2-9. The Authority
20 shall have the power (i) to apply for and accept grants,
21 matching grants, loans or appropriations from the federal
22 government or any agency or instrumentality thereof to be
23 used for any of the purposes of the Authority and (ii) to
24 enter into any agreement with the federal government in
25 relation to such grants, matching grants, loans or
26 appropriations.
27 (Source: P.A. 86-8.)
28 (70 ILCS 245/2-10) (from Ch. 85, par. 6702-10)
29 Section 2-45. Insurance. Sec. 2-10. The Authority shall
30 have the power to procure and enter into contracts for any
31 type of insurance and indemnity against loss or damage to
-912- LRB9000879DJcd
1 property from any cause, against loss of use and occupancy,
2 against employers' liability, against any act of any member,
3 officer, or employee of the Board or Authority in the
4 performance of the duties of the his office or employment,
5 and against or any other insurable risk.
6 (Source: P.A. 86-8.)
7 (70 ILCS 245/2-11) (from Ch. 85, par. 6702-11)
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance. Sec. 2-11. The Authority shall have continuing
10 power to borrow money for the purpose of carrying out and
11 performing its duties and exercising its powers under this
12 Article Act.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to an ordinance adopted by the Board,
16 from time to time issue and dispose of its interest bearing
17 revenue bonds, and may also from time to time issue and
18 dispose of its interest bearing revenue bonds to refund any
19 bonds at maturity or pursuant to redemption provisions or at
20 any time before maturity with the consent of the holders
21 thereof. All such bonds shall be payable solely from the
22 revenues or income to be derived from the fairs, expositions,
23 exhibitions, rentals and leases and other authorized
24 activities operated by it, and from funds, if any, received
25 and to be received by the Authority from any other source.
26 Such bonds may bear such date or dates, may mature at such
27 time or times not exceeding 40 years from their respective
28 dates, may bear interest at such rate or rates, not exceeding
29 the maximum rate permitted by the Bond Authorization Act "An
30 Act to authorize public corporations to issue bonds, other
31 evidences of indebtedness and tax anticipation warrants
32 subject to interest rate limitations set forth therein",
33 approved May 26, 1970, as now or hereafter amended, may be in
-913- LRB9000879DJcd
1 such form, may carry such registration privileges, may be
2 executed in such manner, may be payable at such place or
3 places, may be made subject to redemption in such manner and
4 upon such terms, with or without premium as is stated on the
5 face thereof, may be executed in such manner, and may contain
6 such terms and covenants, all as may be provided in said
7 ordinance. In case any officer whose signature appears on
8 any bond ceases (after attaching his signature) to hold
9 office, his signature shall nevertheless be valid and
10 effective for all purposes. The holder or holders of any
11 bonds, or interest coupons appertaining thereto issued by the
12 Authority may bring suits at law or proceedings in equity to
13 compel the performance and observance by the Authority or any
14 of its officers, agents or employees of or any contract or
15 covenant made by the Authority with the holders of such bonds
16 or interest coupons, and to compel the Authority and any of
17 its officers, agents or employees to perform any duties
18 required to be performed for the benefit of the holders of
19 any such bonds or interest coupons by the provisions of the
20 ordinance authorizing their issuance, and to enjoin the
21 Authority and any of its officers, agents or employees from
22 taking any action in conflict with any such contract or
23 covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face fact
26 thereof that it is non-negotiable, all such bonds shall be
27 negotiable instruments under the Uniform Commercial Code, as
28 now or hereafter amended.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents, and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
-914- LRB9000879DJcd
1 revenues of the Authority, to pay:
2 (a) the cost of maintaining, repairing, regulating and
3 operating the said facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertakings
11 of the Authority in connection with the issuance thereof and
12 the issuance of any additional bonds payable from such
13 revenue income to be derived from the fairs, recreational,
14 theatrical, and cultural, expositions, sports activities,
15 exhibitions, office rentals, and air space leases and
16 rentals, and from other revenue, if any, the Authority may
17 execute and deliver a trust agreement or agreements; provided
18 that no lien upon any physical property of the Authority
19 shall be created thereby.
20 A remedy for any breach or default of the terms of any
21 such trust agreement by the Authority may be by mandamus
22 proceedings in any court of competent jurisdiction to compel
23 performance and compliance therewith, but the trust agreement
24 may prescribe by whom or on whose behalf such action may be
25 instituted.
26 Before any such bonds (excepting refunding bonds) are
27 sold, the entire authorized issue, or any part thereof, shall
28 be offered for sale as a unit after advertising for bids at
29 least 3 times in a daily newspaper of general circulation
30 published in the metropolitan area, the last publication to
31 be at least 10 days before bids are required to be filed.
32 Copies of such advertisement may be published in any
33 newspaper or financial publication in the United States. All
34 bids shall be sealed, filed and opened as provided by
-915- LRB9000879DJcd
1 ordinance and the bonds shall be awarded to the highest and
2 best bidder or bidders therefor. The Authority shall have
3 the right to reject all bids and to readvertise for bids in
4 the manner provided for in the initial advertisement.
5 However, if no bids are received, such bonds may be sold at
6 not less than par value, without further advertising, within
7 60 days after the bids are required to be filed pursuant to
8 any advertisement.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-12) (from Ch. 85, par. 6702-12)
11 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
12 Under no circumstances shall any bonds issued by the
13 Authority be or become an indebtedness or obligation of the
14 State of Illinois or of any political subdivision of or
15 municipality within the State, nor shall any such bond or
16 obligation be or become an indebtedness of the Authority
17 within the purview of any constitutional limitation or
18 provision, and it shall be plainly stated on the face of each
19 such bond that it does not constitute such an indebtedness or
20 obligation but is payable solely from the revenues or income
21 as provided in this Article aforesaid.
22 (Source: P.A. 86-8.)
23 (70 ILCS 245/2-13) (from Ch. 85, par. 6702-13)
24 Section 2-60. Investment in bonds. Sec. 2-13. The State
25 and all counties, cities, villages, incorporated towns and
26 other municipal corporations, political subdivisions and
27 public bodies, and public officers of any thereof;, all
28 banks, bankers, trust companies, savings banks and
29 institutions, building and loan associations, savings and
30 loan associations, investment companies, and other persons
31 carrying on an insurance business; and all executors,
32 administrators, guardians, trustees and other fiduciaries may
-916- LRB9000879DJcd
1 legally invest any sinking funds, moneys or other funds
2 belonging to them or within their control in any bonds issued
3 pursuant to this Article Act, it being the purpose of this
4 Section to authorize the investment in such bonds of all
5 sinking, insurance, retirement, compensation, pension and
6 trust funds, whether owned or controlled by private or public
7 persons or officers; provided, however, that nothing
8 contained in this Section may be construed as relieving any
9 person from any duty of exercising reasonable care in
10 selecting securities for investment.
11 (Source: P.A. 86-8.)
12 (70 ILCS 245/2-14) (from Ch. 85, par. 6702-14)
13 Section 2-75. Board members; financial matters; conflict
14 of interest. Sec. 2-14. * * *(nonstandard provisions
15 contained in Section 165-15)* * * The members of the Board
16 shall serve without compensation, but shall be reimbursed for
17 actual expenses incurred by them in the performance of their
18 duties.
19 No member of the Board or employee of the Authority shall
20 have any private financial interest, profit or benefit in any
21 contract, work or business of the Authority or nor in the
22 sale or lease of any property to or from the Authority.
23 (Source: P.A. 86-8.)
24 (70 ILCS 245/2-15) (from Ch. 85, par. 6702-15)
25 Section 2-80. Board members oath. Sec. 2-15. * *
26 *(nonstandard provisions contained in Section 165-20)* * *
27 Within 30 days after certification of his appointment, and
28 before entering upon the duties of his office, each member of
29 the Board shall take and subscribe the constitutional oath of
30 office and file it in the office of the Secretary of State.
31 (Source: P.A. 86-8.)
-917- LRB9000879DJcd
1 (70 ILCS 245/2-16) (from Ch. 85, par. 6702-16)
2 Section 2-85. Board members; vacancy in office. Sec.
3 2-16. Members of the Board shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member may resign from his office; the resignation takes to
6 take effect when the member's his successor has been
7 appointed and has qualified. * * *(nonstandard provisions
8 contained in Section 165-25)* * *
9 In case of failure to qualify within the time required,
10 or of abandonment of his office, or in case of death,
11 conviction of a felony or removal from office, a member's his
12 office shall become vacant. Each vacancy shall be filled for
13 the unexpired term by appointment in like manner, as in the
14 case of expiration of the term of a member of the Board.
15 (Source: P.A. 86-8.)
16 (70 ILCS 245/2-17) (from Ch. 85, par. 6702-17)
17 Section 2-90. Organization of the Board. Sec. 2-17. As
18 soon as practicably possible after the appointment of the
19 initial members, the Board shall organize for the transaction
20 of business, select a chairman and a temporary secretary from
21 its own number, and adopt by-laws and regulations to govern
22 its proceedings. The initial chairman and his successors
23 shall be elected by the Board from time to time for the term
24 of the chairman's his office as a member of the Board or for
25 the term of 3 years, whichever is shorter.
26 (Source: P.A. 86-8.)
27 (70 ILCS 245/2-18) (from Ch. 85, par. 6702-18)
28 Section 2-96. Meetings; action by 4 Board members. Sec.
29 2-18. Regular meetings of the Board shall be held at least
30 once in each calendar month, the time and place of such
31 meetings to be fixed by the Board.
32 Four members of the Board shall constitute a quorum for
-918- LRB9000879DJcd
1 the transaction of business. All actions of the Board shall
2 be by ordinance or resolution and the affirmative vote of at
3 least 4 members shall be necessary for the adoption of any
4 ordinance or resolution.
5 All ordinances, resolutions and all proceedings of the
6 Authority and all documents and records in its possession
7 shall be public records, and open to public inspection,
8 except such documents and records as shall be kept or
9 prepared by the Board for use in negotiations, actions or
10 proceedings to which the Authority is a party.
11 (Source: P.A. 86-8.)
12 (70 ILCS 245/2-19) (from Ch. 85, par. 6702-19)
13 Section 2-100. Secretary; treasurer. Sec. 2-19. The
14 Board shall appoint a secretary and a treasurer, who need not
15 be members of the Board, to hold office during the pleasure
16 of the Board, and shall fix their duties and compensation.
17 Before entering upon the duties of their respective offices,
18 they shall take and subscribe the constitutional oath of
19 office, and the treasurer shall execute a bond with corporate
20 sureties to be approved by the Board. The bond shall be
21 payable to the Authority in whatever penal sum may be
22 directed upon the faithful performance of the duties of the
23 office and the payment of all money received by the treasurer
24 him according to law and the orders of the Board. The Board
25 may, at any time, require a new bond from the treasurer in a
26 such penal sum as may then be determined by the Board. The
27 obligation of the sureties shall not extend to any loss
28 sustained by the insolvency, failure or closing of any
29 national or state bank wherein the treasurer has deposited
30 funds if the bank has been approved by the Board as a
31 depositary depository for those these funds. The oaths of
32 office and the treasurer's bond bonds shall be filed in the
33 principal office of the Authority.
-919- LRB9000879DJcd
1 (Source: P.A. 86-8.)
2 (70 ILCS 245/2-20) (from Ch. 85, par. 6702-20)
3 Section 2-105. Funds. Sec. 2-20. All funds deposited by
4 the treasurer in any bank shall be placed in the name of the
5 Authority and shall be withdrawn or paid out only by check or
6 draft upon the bank, signed by the treasurer and
7 countersigned by the chairman of the Board. The Board may
8 designate any of its members or any officer or employee of
9 the Authority to affix the signature of the chairman and
10 another to affix the signature of the treasurer to any check
11 or draft for payment of salaries or wages and for payment of
12 any other obligation of not more than $2,500.
13 (Source: P.A. 86-8.)
14 (70 ILCS 245/2-21) (from Ch. 85, par. 6702-21)
15 Section 2-110. Signatures on checks or drafts. Sec.
16 2-21. In case any officer whose signature appears upon any
17 check or draft issued pursuant to this Article Act ceases
18 (after attaching his signature) to hold his office after
19 attaching his or her signature and before the delivery of the
20 check or draft thereof to the payee, that his signature,
21 nevertheless, shall be valid and sufficient for all purposes
22 with the same effect as if the officer he had remained in
23 office until delivery.
24 (Source: P.A. 86-8.)
25 (70 ILCS 245/2-22) (from Ch. 85, par. 6702-22)
26 Section 2-115. General manager; other appointments. Sec.
27 2-22. The Board may appoint a general manager who shall be a
28 person of recognized ability and business experience, to hold
29 office during the pleasure of the Board. The general manager
30 shall have management of the properties and business of the
31 Authority and of the employees thereof subject to the general
-920- LRB9000879DJcd
1 control of the Board, shall direct the enforcement of all
2 ordinances, resolutions, rules and regulations of the Board,
3 and shall perform such other duties as may be prescribed from
4 time to time by the Board.
5 The Board may appoint a general attorney and a chief
6 engineer and shall provide for the appointment of such other
7 officers, attorneys, engineers, planners, consultants, agents
8 and employees as may be necessary. The Board It shall define
9 their duties and require bonds of such of them as the Board
10 may designate.
11 The general manager, general attorney, chief engineer,
12 and all other officers provided for, pursuant to this
13 Section, shall be exempt from taking and subscribing any oath
14 of office and shall not be members of the Board.
15 The compensation of the general manager, general
16 attorney, chief engineer, and all other officers, attorneys,
17 planners, consultants, agents and employees shall be fixed by
18 the Board.
19 (Source: P.A. 86-8.)
20 (70 ILCS 245/2-23) (from Ch. 85, par. 6702-23)
21 Section 2-122. Rules and regulations; penalties. Sec.
22 2-23. The Board shall have power to make all rules and
23 regulations, proper or necessary, to carry into effect the
24 powers granted to the Authority, with such penalties as may
25 be deemed proper.
26 (Source: P.A. 86-8.)
27 (70 ILCS 245/2-24) (from Ch. 85, par. 6702-24)
28 Section 2-125. Contracts; award to other than highest or
29 lowest bidder by vote of 5 Board members. Sec. 2-24. All
30 contracts for the sale of property of the value of more than
31 $2,500 or for a concession in or lease of property, including
32 air rights, of the Authority for a term of more than one year
-921- LRB9000879DJcd
1 shall be awarded to the highest responsible bidder, after
2 advertising for bids. All construction contracts and
3 contracts for supplies, materials, equipment and services,
4 when the expense thereof will exceed $2,500, shall be let to
5 the lowest responsible bidder after advertising for bids,
6 excepting (1) when repair parts, accessories, equipment or
7 services are required for equipment or services previously
8 furnished or contracted for; (2) when the nature of the
9 services required is such that competitive bidding is not in
10 the best interest of the public, including, without limiting
11 the generality of the foregoing, the services of accountants,
12 architects, attorneys, engineers, physicians, superintendents
13 of construction, and others possessing a high degree of
14 skill; and (3) when services such as water, light, heat,
15 power, telephone or telegraph are required.
16 All contracts involving less than $2,500 shall be let by
17 competitive bidding to the lowest responsible bidder whenever
18 possible, and, in any event, in a manner calculated to ensure
19 insure the best interests of the public. Competitive bidding
20 is not required for the lease of real estate or buildings
21 owned or controlled by the Authority. The Board is empowered
22 to offer such leases upon such terms as it deems advisable.
23 In determining the responsibility of any bidder, the
24 Board may take into account the past record records of
25 dealings with the bidder, the bidder's experience, adequacy
26 of equipment, and ability to complete performance within the
27 time set, and other factors besides financial responsibility,
28 but in no case shall any such contracts be awarded to any
29 other than the highest bidder (in case of sale, concession or
30 lease) or the lowest bidder (in case of purchase or
31 expenditure) unless authorized or approved by a vote of at
32 least 5 members of the Board, and unless such action is
33 accompanied by a statement in writing setting forth the
34 reasons for not awarding the contract to the highest or
-922- LRB9000879DJcd
1 lowest bidder, as the case may be, which statement shall be
2 kept on file in the principal office of the Authority and
3 open to public inspection.
4 Members of the Board, officers and employees of the
5 Authority, and their relatives within the fourth degree of
6 consanguinity by the terms of the civil law, are forbidden to
7 be interested directly or indirectly in any contract for
8 construction or maintenance work or for the delivery of
9 materials, supplies or equipment.
10 The Board shall have the right to reject all bids and to
11 readvertise for bids. If after any such advertisement no
12 responsible and satisfactory bid, within the terms of the
13 advertisement, shall be received, the Board may award such
14 contract without competitive bidding, provided that it shall
15 not be less advantageous to the Authority than any valid bid
16 received pursuant to advertisement.
17 The Board shall adopt rules and regulations to carry into
18 effect the provisions of this Section.
19 (Source: P.A. 86-8.)
20 (70 ILCS 245/2-25) (from Ch. 85, par. 6702-25)
21 Section 2-130. Bids and advertisements. Sec. 2-25.
22 Advertisements for bids shall be published at least twice in
23 a daily newspaper of general circulation published in the
24 metropolitan area, the last publication to be at least 10
25 calendar days before the time for receiving bids, and such
26 advertisements shall also be posted on readily accessible
27 bulletin boards in the principal office of the Authority.
28 Such advertisements shall state the time and place for
29 receiving and opening of bids and, by reference to plans and
30 specifications on file for receiving and opening of bids and
31 by reference to plans and specifications on file at the time
32 of the first publication, or in the advertisement itself,
33 shall describe the character of the proposed contract in
-923- LRB9000879DJcd
1 sufficient detail to fully advise prospective bidders of
2 their obligations and to ensure insure free and open
3 competitive bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * *(nonstandard provisions contained in Section
23 165-30)* * *
24 (Source: P.A. 86-8.)
25 (70 ILCS 245/2-26) (from Ch. 85, par. 6702-26)
26 Section 2-135. Report and financial statement. Sec.
27 2-26. As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
32 for distribution to persons interested upon request and a
33 copy thereof shall be filed with the county clerk and the
-924- LRB9000879DJcd
1 appointing officers.
2 (Source: P.A. 86-8.)
3 (70 ILCS 245/2-27) (from Ch. 85, par. 6702-27)
4 Section 2-140. State financial support. Sec. 2-27. The
5 Authority created by this Article Act shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act, as now or
8 hereafter amended.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-28) (from Ch. 85, par. 6702-28)
11 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
12 is hereby expressly made the beneficiary of the provisions of
13 Section 1 of the Local Government Antitrust Exemption Act "An
14 Act to make explicit the authorization for units of local
15 government and certain other governmental bodies to act as
16 permitted by statute or the Illinois Constitution,
17 notwithstanding effects on competition", amendatory veto
18 overridden November 3, 1983, as now or hereafter amended, and
19 the General Assembly intends that the "State action
20 exemption" to the application of the federal antitrust laws
21 be fully available to the Authority to the extent its
22 activities are either (1) expressly or by necessary
23 implication authorized by this Article or other Illinois law,
24 or (2) within traditional areas of local governmental
25 activity.
26 (Source: P.A. 86-8.)
27 (70 ILCS 245/2-29) (from Ch. 85, par. 6702-29)
28 Section 2-150. Tax exemption. Sec. 2-29. All property
29 of the Authority shall be exempt from taxation by the State
30 or any taxing unit therein.
31 (Source: P.A. 86-8.)
-925- LRB9000879DJcd
1 (70 ILCS 245/2-30) (from Ch. 85, par. 6702-30)
2 Section 2-30. Prompt payment. Sec. 2-30. Purchases made
3 under this Article pursuant to this Act shall be made in
4 compliance with the Local Government Prompt Payment Act.
5 (Source: P.A. 86-8.)
6 PART 170. METROPOLITAN CIVIC CENTER
7 (70 ILCS 205/1) (from Ch. 85, par. 1361)
8 Section 170-1. Short title. Sec. 1. * * *(nonstandard
9 provisions contained in Section 170-1)* * *
10 (Source: P.A. 76-1770.)
11 (70 ILCS 205/2) (from Ch. 85, par. 1362)
12 Section 2-5. Definitions. Sec. 2. When used In this
13 Article Act:
14 * * *(nonstandard provisions contained in Section 170-5)*
15 * *
16 "Governmental agency" means the federal government, the
17 State, and any unit of local government or school district
18 governmental body, and any agency or instrumentality,
19 corporate or otherwise, thereof.
20 "Person" means any individual, firm, partnership,
21 corporation, both domestic and foreign, company, association
22 or joint stock joint-stock association; and includes any
23 trustee, receiver, assignee or personal representative
24 thereof.
25 * * *(nonstandard provisions contained in Section 170-5)*
26 * *
27 (Source: P.A. 76-1770.)
28 (70 ILCS 205/3) (from Ch. 85, par. 1363)
29 Section 2-10. Lawsuits; common seal. Sec. 3. * * *
30 (nonstandard provisions contained in Section 170-10) * * *
31 (a) The Authority may sue and be sued in its corporate
-926- LRB9000879DJcd
1 name but execution shall not in any case issue against any
2 property of the Authority.
3 (b) The Authority It may adopt a common seal and change
4 the same at its pleasure. * * * (nonstandard provisions
5 contained in Section 170-10) * * *
6 (Source: P.A. 85-1209.)
7 (70 ILCS 205/4) (from Ch. 85, par. 1364)
8 Section 2-16. Duties; auditorium and other buildings;
9 lease of space. Sec. 4. It shall be the duty of the Authority
10 to promote, operate and maintain expositions, conventions,
11 and theatrical, sports and cultural activities from time to
12 time in the metropolitan area and in connection therewith to
13 arrange, finance and maintain industrial, cultural,
14 educational, theatrical, sports, trade and scientific
15 exhibits and to construct, equip and maintain auditorium,
16 exposition and office buildings for such purposes.
17 The provision of office space for rental and lease and
18 the lease of air space over and appurtenant to such
19 structures shall be deemed an integral function of the
20 Authority.
21 The Authority is granted all rights and powers necessary
22 to perform such duties.
23 (Source: P.A. 76-1770.)
24 (70 ILCS 205/5) (from Ch. 85, par. 1365)
25 Section 170-15. Rights and powers. Sec. 5. * *
26 *(nonstandard provisions contained in Section 170-15)* * *
27 (Source: P.A. 76-1770.)
28 (70 ILCS 205/6) (from Ch. 85, par. 1366)
29 Section 2-25. Incurring obligations. Sec. 6. The
30 Authority shall not incur any obligations for salaries or
31 for, office or administrative expenses except within the
-927- LRB9000879DJcd
1 amounts of funds that which will be available to it when such
2 obligations become payable.
3 (Source: P.A. 76-1770.)
4 (70 ILCS 205/6.1) (from Ch. 85, par. 1366.1)
5 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
6 under pursuant to this Article Act shall be made in
7 compliance with the the "Local Government Prompt Payment
8 Act", approved by the Eighty-fourth General Assembly.
9 (Source: P.A. 84-731.)
10 (70 ILCS 205/7) (from Ch. 85, par. 1367)
11 Section 170-20. Acquisition of property; money from
12 State. Sec. 7. * * * (nonstandard provisions contained in
13 Section 170-20) * * *
14 (Source: P.A. 86-888; 86-907.)
15 (70 ILCS 205/8) (from Ch. 85, par. 1368)
16 Section 2-40. Federal money. Sec. 8. The Authority
17 shall have the power (i) to apply for and accept grants,
18 matching grants, loans or appropriations from the federal
19 government or any agency or instrumentality thereof to be
20 used for any of the purposes of the Authority and (ii) to
21 enter into any agreement with the federal government in
22 relation to such grants, matching grants, loans or
23 appropriations.
24 (Source: P.A. 76-1770.)
25 (70 ILCS 205/9) (from Ch. 85, par. 1369)
26 Section 2-45. Insurance. Sec. 9. The Authority shall
27 have the power to procure and enter into contracts for any
28 type of insurance and indemnity against loss or damage to
29 property from any cause, against loss of use and occupancy,
30 against employers' liability, against any act of any member,
-928- LRB9000879DJcd
1 officer, or employee of the Board or of Authority in the
2 performance of the duties of the his office or employment,
3 and against or any other insurable risk.
4 (Source: P.A. 76-1770.)
5 (70 ILCS 205/10) (from Ch. 85, par. 1370)
6 Section 2-52. Borrowing; revenue bonds; interest payable
7 semi-annually; bond sale price; effect of Omnibus Bond Acts.
8 Sec. 10. The Authority shall have continuing power to borrow
9 money for the purpose of carrying out and performing its
10 duties and exercising its powers under this Article Act.
11 For the purpose of evidencing the obligation of the
12 Authority to repay any money borrowed as aforesaid, the
13 Authority may, pursuant to an ordinance adopted by the Board,
14 from time to time issue and dispose of its interest bearing
15 revenue bonds, and may also from time to time issue and
16 dispose of its interest bearing revenue bonds to refund any
17 bonds at maturity or pursuant to redemption provisions or at
18 any time before maturity with the consent of the holders
19 thereof. All such bonds shall be payable solely from the
20 revenues or income to be derived from the fairs, expositions,
21 exhibitions, rentals and leases and other authorized
22 activities operated by it, and from funds, if any, received
23 and to be received by the Authority from any other source.
24 Such bonds may bear such date or dates, may mature at such
25 time or times not exceeding 40 years from their respective
26 dates, may bear interest at such rate or rates, not exceeding
27 the maximum rate authorized by the Bond Authorization Act, as
28 amended at the time of the making of the contract, payable
29 semi-annually, may be in such form, may carry such
30 registration privileges, may be executed in such manner, may
31 be payable at such place or places, may be made subject to
32 redemption in such manner and upon such terms, with or
33 without premium as is stated on the face thereof, may be
-929- LRB9000879DJcd
1 executed in such manner and may contain such terms and
2 covenants, all as may be provided in said the ordinance. In
3 case any officer whose signature appears on any bond ceases
4 (after attaching his signature) to hold office, his signature
5 shall nevertheless be valid and effective for all purposes.
6 The holder or holders of any bonds, or interest coupons
7 appertaining thereto issued by the Authority may bring
8 mandamus, injunction, or other civil actions or and
9 proceedings to compel the performance and observance by the
10 Authority or any of its officers, agents or employees of any
11 contract or covenant made by the Authority with the holders
12 of such bonds or interest coupons, and to compel the
13 Authority and any of its officers, agents or employees to
14 perform any duties required to be performed for the benefit
15 of the holders of any such bonds or interest coupons by the
16 provisions of the ordinance authorizing their issuance, and
17 or to enjoin the Authority and any of its officers, agents or
18 employees from taking any action in conflict with any such
19 contract or covenant.
20 Notwithstanding the form and tenor of any such bonds and
21 in the absence of any express recital on the face thereof
22 that it is non-negotiable, all such bonds shall be negotiable
23 instruments under the Uniform Commercial Code.
24 The bonds shall be sold by the corporate authorities of
25 the Authority in such manner as said corporate authorities
26 shall determine, except that if issued to bear interest at
27 the maximum rate authorized by the Bond Authorization Act, as
28 amended at the time of the making of the contract, the bonds
29 shall be sold for not less than par and accrued interest and
30 except that the selling price of bonds bearing interest at a
31 rate of less than the maximum rate authorized by the Bond
32 Authorization Act, as amended at the time of the making of
33 the contract, shall be such that the interest cost to the
34 Authority of the money received from the sale of bonds shall
-930- LRB9000879DJcd
1 not exceed the maximum rate authorized by the Bond
2 Authorization Act, as amended at the time of the making of
3 the contract, computed to absolute maturity of said bonds or
4 certificates according to standard tables of bond values.
5 From and after the issuance of any bonds as herein
6 provided it shall be the duty of the corporate authorities of
7 the Authority to fix and establish rates, charges, rents, and
8 fees for the use of facilities acquired, constructed,
9 reconstructed, extended or improved with the proceeds of the
10 sale of said bonds sufficient at all times, with other
11 revenues of the Authority, to pay:
12 (a) the cost of maintaining, repairing, regulating and
13 operating the said facilities; and
14 (b) the bonds and interest thereon as they shall become
15 due, and all sinking fund requirements and other requirements
16 provided by the ordinance authorizing the issuance of the
17 bonds or as provided by any trust agreement executed to
18 secure payment thereof.
19 To secure the payment of any or all of such bonds and for
20 the purpose of setting forth the covenants and undertakings
21 of the Authority in connection with the issuance thereof and
22 the issuance of any additional bonds payable from such
23 revenue income to be derived from the fairs, recreational,
24 theatrical, cultural, expositions, sport activities,
25 exhibitions, office rentals, and air space leases and
26 rentals, and other revenue, if any, the Authority may execute
27 and deliver a trust agreement or agreements; provided that no
28 lien upon any physical property of the Authority shall be
29 created thereby.
30 A remedy for any breach or default of the terms of any
31 such trust agreement by the Authority may be by mandamus,
32 injunction, or other civil actions or action and proceedings
33 in any court of competent jurisdiction to compel performance
34 and compliance therewith, but the trust agreement may
-931- LRB9000879DJcd
1 prescribe by whom or on whose behalf such action may be
2 instituted.
3 Before any such bonds (excepting refunding bonds) are
4 sold the entire authorized issue, or any part thereof, shall
5 be offered for sale as a unit after advertising for bids at
6 least 3 three times in a daily newspaper of general
7 circulation published in the metropolitan area, the last
8 publication to be at least 10 days before bids are required
9 to be filed. Copies of such advertisement may be published in
10 any newspaper or financial publication in the United States.
11 All bids shall be sealed, filed and opened as provided by
12 ordinance and the bonds shall be awarded to the highest and
13 best bidder or bidders therefor. The Authority shall have the
14 right to reject all bids and readvertise for bids in the
15 manner provided for in the initial advertisement. However, if
16 no bids are received such bonds may be sold at not less than
17 par value, without further advertising, within 60 days after
18 the bids are required to be filed pursuant to any
19 advertisement.
20 With respect to instruments for the payment of money
21 issued under this Section either before, on, or after the
22 effective date of Public Act 86-4 this amendatory Act of
23 1989, it is and always has been the intention of the General
24 Assembly (i) that the Omnibus Bond Acts are and always have
25 been supplementary grants of power to issue instruments in
26 accordance with the Omnibus Bond Acts, regardless of any
27 provision of this Article Act that may appear to be or to
28 have been more restrictive than those Acts, (ii) that the
29 provisions of this Section are not a limitation on the
30 supplementary authority granted by the Omnibus Bond Acts, and
31 (iii) that instruments issued under this Section within the
32 supplementary authority granted by the Omnibus Bond Acts are
33 not invalid because of any provision of this Article Act that
34 may appear to be or to have been more restrictive than those
-932- LRB9000879DJcd
1 Acts.
2 (Source: P.A. 86-4.)
3 (70 ILCS 205/11) (from Ch. 85, par. 1371)
4 Section 2-55. Bonds; nature of indebtedness. Sec. 11.
5 Under no circumstances shall any bonds issued by the
6 Authority be or become an indebtedness or obligation of the
7 State of Illinois or of any other political subdivision of or
8 municipality within the State, nor shall any such bond or
9 obligation be or become an indebtedness of the Authority
10 within the purview of any constitutional limitation or
11 provision, and it shall be plainly stated on the face of each
12 such bond that it does not constitute such an indebtedness or
13 obligation but is payable solely from the revenues or income
14 as provided in this Article aforesaid.
15 (Source: P.A. 85-1209.)
16 (70 ILCS 205/12) (from Ch. 85, par. 1372)
17 Section 2-60. Investment in bonds. Sec. 12. The State
18 and all counties, cities, villages, incorporated towns and
19 other municipal corporations, political subdivisions and
20 public bodies, and public officers of any thereof;, all
21 banks, bankers, trust companies, savings banks and
22 institutions, building and loan associations, savings and
23 loan associations, investment companies and other persons
24 carrying on an insurance business; and all executors,
25 administrators, guardians, trustees and other fiduciaries may
26 legally invest any sinking funds, moneys or other funds
27 belonging to them or within their control in any bonds issued
28 pursuant to this Article Act, it if being the purpose of this
29 Section to authorize the investment in such bonds of all
30 sinking, insurance, retirement, compensation, pension and
31 trust funds, whether owned or controlled by private or public
32 persons or officers; provided, however, that nothing
-933- LRB9000879DJcd
1 contained in this Section may be construed as relieving any
2 person from any duty of exercising reasonable care in
3 selecting securities for investment.
4 (Source: P.A. 76-1770.)
5 (70 ILCS 205/13) (from Ch. 85, par. 1373)
6 Section 170-25. Bonds other than revenue bonds. Sec. 13.
7 * * * (nonstandard provisions contained in Section 170-25) *
8 * *
9 (Source: P.A. 81-1489.)
10 (70 ILCS 205/14) (from Ch. 85, par. 1374)
11 Section 170-30. Tax. Sec. 14. * * * (nonstandard
12 provisions contained in Section 170-30) * * *
13 (Source: P.A. 81-1509.)
14 (70 ILCS 205/15) (from Ch. 85, par. 1375)
15 Section 2-76. Board members; financial matters;
16 compensation for secretary or treasurer; conflict of
17 interest. Sec. 15. * * *(nonstandard provisions contained in
18 Section 170-35)* * * The members of the Board They shall
19 serve without compensation, but shall be reimbursed for
20 actual expenses incurred by them in the performance of their
21 duties. However, any member of the Board who is appointed to
22 the office of secretary or treasurer may receive compensation
23 for his or her services as such officer.
24 No member of the Board or employee of the Authority shall
25 have any private financial interest, profit or benefit in any
26 contract, work or business of the Authority or nor in the
27 sale or lease of any property to or from the Authority.
28 (Source: P.A. 85-1209.)
29 (70 ILCS 205/16) (from Ch. 85, par. 1376)
30 Section 2-80. Board members' oath. Sec. 16. * *
-934- LRB9000879DJcd
1 *(nonstandard provisions contained in Section 170-40)* * *
2 Within 30 days after certification of his appointment, and
3 before entering upon the duties of his office, each member of
4 the Board shall take and subscribe the constitutional oath of
5 office and file it in the office of the Secretary of State.
6 (Source: P.A. 81-1509.)
7 (70 ILCS 205/17) (from Ch. 85, par. 1377)
8 Section 2-85. Board members; vacancy in office. Sec. 17.
9 Members of the Board shall hold office until their respective
10 successors have been appointed and qualified. Any member may
11 resign from his office; the resignation takes to take effect
12 when the member's his successor has been appointed and has
13 qualified.
14 Section 2-83. Removal of Board member from office. The
15 appointing officer may remove any member of the Board
16 appointed by the officer him, in case of incompetency,
17 neglect of duty, or malfeasance in office, after service on
18 the member him, by registered United States mail, return
19 requested, of a copy of the written charges against the
20 member him and an opportunity to be publicly heard in person
21 or by counsel in the member's his own defense upon not less
22 than 10 ten days' notice.
23 (Section 2-85, resumed)
24 In case of failure to qualify within the time required,
25 or of abandonment of his office, or in case of death,
26 conviction of a felony or removal from office, a member's his
27 office shall become vacant. Each vacancy shall be filled for
28 the unexpired term by appointment in like manner, as in the
29 case of expiration of the term of a member of the Board.
30 (Source: P.A. 76-1770.)
31 (70 ILCS 205/18) (from Ch. 85, par. 1378)
32 Section 2-90. Organization of the Board. Sec. 18. As
-935- LRB9000879DJcd
1 soon as practicably possible after the appointment of the
2 initial members, the Board shall organize for the transaction
3 of business, select a chairman and a temporary secretary from
4 its own number, and adopt by-laws and regulations to govern
5 its proceedings. The initial chairman and his successors
6 shall be elected by the Board from time to time for the term
7 of the chairman's his office as a member of the Board or for
8 the term of 3 three years, whichever is shorter.
9 (Source: P.A. 76-1770.)
10 (70 ILCS 205/19) (from Ch. 85, par. 1379)
11 Section 170-45. Meetings; quorum; approval of ordinances
12 and resolutions by chairman; public records. Sec. 19. * * *
13 (nonstandard provisions contained in Section 170-45) * * *
14 (Source: P.A. 82-783.)
15 (70 ILCS 205/20) (from Ch. 85, par. 1380)
16 Section 2-101. Secretary; treasurer; funds deposited in
17 bank or savings and loan association. Sec. 20. The Board
18 shall appoint a secretary and a treasurer, who need not be
19 members of the Board, to hold office during the pleasure of
20 the Board, and shall fix their duties and compensation.
21 Before entering upon the its duties of their respective
22 offices they shall take and subscribe the constitutional oath
23 of office, and the treasurer shall execute a bond with
24 corporate sureties to be approved by the Board. The bond
25 shall be payable to the Authority in whatever penal sum may
26 be directed upon the faithful performance of the duties of
27 the office and the payment of all money received by the
28 treasurer him according to law and the orders of the Board.
29 The Board may, at any time, require a new bond from the
30 treasurer in such penal sum as may then be determined by the
31 Board. The obligation of the sureties shall not extend to any
32 loss sustained by the insolvency, failure or closing of any
-936- LRB9000879DJcd
1 savings and loan association or national or State bank
2 wherein the treasurer has deposited funds if the bank or
3 savings and loan association has been approved by the Board
4 as a depository for those these funds. The oaths of office
5 and the treasurer's bond shall be filed in the principal
6 office of the Authority.
7 (Source: P.A. 83-541.)
8 (70 ILCS 205/21) (from Ch. 85, par. 1381)
9 Section 2-106. Funds; compliance with Public Funds
10 Investment Act. Sec. 21. All funds deposited by the
11 treasurer in any bank or savings and loan association shall
12 be placed in the name of the Authority and shall be withdrawn
13 or paid out only by check or draft upon the bank or savings
14 and loan association, signed by the treasurer and
15 countersigned by the chairman of the Board. The Board may
16 designate any of its members or any officer or employee of
17 the Authority to affix the signature of the chairman and
18 another to affix the signature of the treasurer to any check
19 or draft for payment of salaries or wages and for payment of
20 any other obligation of not more than $2,500 $2,500.00.
21 No bank or savings and loan association shall receive
22 public funds as permitted by this Section, unless it has
23 complied with the requirements established pursuant to
24 Section 6 of the Public Funds Investment Act "An Act relating
25 to certain investments of public funds by public agencies",
26 approved July 23, 1943, as now or hereafter amended.
27 (Source: P.A. 83-541.)
28 (70 ILCS 205/22) (from Ch. 85, par. 1382)
29 Section 2-110. Signatures on checks or drafts. Sec. 22.
30 In case any officer whose signature appears upon any check or
31 draft, issued pursuant to this Article Act, ceases (after
32 attaching his signature) to hold his office after attaching
-937- LRB9000879DJcd
1 his or her signature and before the delivery of the check or
2 draft thereof to the payee, that his signature nevertheless
3 shall be valid and sufficient for all purposes with the same
4 effect as if the officer he had remained in office until
5 delivery thereof.
6 (Source: P.A. 76-1770.)
7 (70 ILCS 205/23) (from Ch. 85, par. 1383)
8 Section 2-115. General manager; other appointments. Sec.
9 23. The Board may appoint a general manager who shall be a
10 person of recognized ability and business experience, to hold
11 office during the pleasure of the Board. The general manager
12 shall have management of the properties and business of the
13 Authority and of the employees thereof subject to the general
14 control of the Board, shall direct the enforcement of all
15 ordinances, resolutions, rules and regulations of the Board,
16 and shall perform such other duties as may be prescribed from
17 time to time by the Board.
18 The Board may appoint a general attorney and a chief
19 engineer and shall provide for the appointment of such other
20 officers, attorneys, engineers, planners, consultants, agents
21 and employees as may be necessary. The Board It shall define
22 their duties and require bonds of such of them as the Board
23 may designate.
24 The general manager, general attorney, chief engineer,
25 and all other officers provided for pursuant to this Section
26 shall be exempt from taking and subscribing any oath of
27 office and shall not be members of the Board.
28 The compensation of the general manager, general
29 attorney, chief engineer, and all other officers, attorneys,
30 planners, consultants, agents and employees shall be fixed by
31 the Board.
32 (Source: P.A. 81-257.)
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1 (70 ILCS 205/24) (from Ch. 85, par. 1384)
2 Section 2-120. Ordinances, rules, and regulations; fines
3 and penalties. Sec. 24. The Board shall have power to pass
4 all ordinances and make all rules and regulations proper or
5 necessary to carry into effect the powers granted to the
6 Authority, with such fines or penalties as may be deemed
7 proper. All fines and penalties shall be imposed by
8 ordinance, which shall be published in a newspaper of general
9 circulation published in the metropolitan area embraced by
10 the Authority. No such ordinance imposing a fine or penalty
11 shall take effect until 10 ten days after its publication.
12 (Source: P.A. 76-1770.)
13 (70 ILCS 205/25) (from Ch. 85, par. 1385)
14 Section 170-50. Contracts. Sec. 25. * * * (nonstandard
15 provisions contained in Section 170-50) * * *
16 (Source: P.A. 76-1770.)
17 (70 ILCS 205/26) (from Ch. 85, par. 1386)
18 Section 2-130. Bids and advertisements. Sec. 26.
19 Advertisements for bids shall be published at least twice in
20 a daily newspaper of general circulation published in the
21 metropolitan area, the last publication to be at least 10 ten
22 calendar days before the time for receiving bids, and such
23 advertisements shall also be posted on readily accessible
24 bulletin boards in the principal office of the Authority.
25 Such advertisements shall state the time and place for
26 receiving and opening of bids, and, by reference to plans and
27 specifications on file at the time of the first publication,
28 or in the advertisement itself, shall describe the character
29 of the proposed contract in sufficient detail to fully advise
30 prospective bidders of their obligations and to ensure insure
31 free and open competitive bidding.
32 All bids in response to advertisements shall be sealed
-939- LRB9000879DJcd
1 and shall be publicly opened by the Board, and all bidders
2 shall be entitled to be present in person or by
3 representatives. Cash or a certified or satisfactory
4 cashier's check, as a deposit of good faith, in a reasonable
5 amount to be fixed by the Board before advertising for bids,
6 shall be required with the proposal of each bidder. Bond for
7 faithful performance of the contract with surety or sureties
8 satisfactory to the Board and adequate insurance may be
9 required in reasonable amounts to be fixed by the Board
10 before advertising for bids.
11 The contract shall be awarded as promptly as possible
12 after the opening of bids. The bid of the successful bidder,
13 as well as the bids of the unsuccessful bidders, shall be
14 placed on file and be open to public inspection. All bids
15 shall be void if any disclosure of the terms of any bid in
16 response to an advertisement is made or permitted to be made
17 by the Board before the time fixed for opening bids.
18 * * *(nonstandard provisions contained in Section
19 170-55)* * *
20 (Source: P.A. 79-1358.)
21 (70 ILCS 205/27) (from Ch. 85, par. 1387)
22 Section 2-135. Report and financial statement. Sec. 27.
23 As soon after the end of each fiscal year as may be
24 expedient, the Board shall cause to be prepared and printed a
25 complete and detailed report and financial statement of its
26 operations and of its assets and liabilities. A reasonably
27 sufficient number of copies of such report shall be printed
28 for distribution to persons interested, upon request and a
29 copy thereof shall be filed with the county clerk and the
30 appointing officers as provided in Section 16.
31 (Source: P.A. 76-1770.)
32 (70 ILCS 205/27a) (from Ch. 85, par. 1387a)
-940- LRB9000879DJcd
1 Section 2-150. Tax exemption. Sec. 27a. Exemption from
2 taxation. All property of the an Authority created pursuant
3 to this Act shall be exempt from taxation by the State or any
4 taxing unit therein.
5 (Source: P.A. 84-1308.)
6 (70 ILCS 205/27b) (from Ch. 85, par. 1387b)
7 Section 2-145. Antitrust laws. Sec. 27b. The Authority
8 is hereby expressly made the beneficiary of the provisions of
9 Section 1 of the Local Government Antitrust Exemption Act "An
10 Act to make explicit the authorization for units of local
11 government and certain other governmental bodies to act as
12 permitted by statute or the Illinois Constitution,
13 notwithstanding effects on competition", amendatory veto
14 overridden November 3, 1983, and the General Assembly intends
15 that the "State action exemption" to the application of the
16 federal antitrust anti-trust laws be fully available to the
17 Authority to the extent its activities are either (1)
18 expressly or by necessary implication authorized by this
19 Article Act or other Illinois law, or (2) within traditional
20 areas of local governmental activity.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 205/27c) (from Ch. 85, par. 1387c)
23 Section 2-140. State financial support. Sec. 27c. The
24 Authority created by this Article shall receive financial
25 support from the State in the amounts provided for in Section
26 4 of the Metropolitan Civic Center Support Act.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 205/28) (from Ch. 85, par. 1388)
29 Section 2-155. Partial invalidity. Sec. 28. If any
30 provision of this Article Act is held invalid such provision
31 shall be deemed to be excised from this Article Act and the
-941- LRB9000879DJcd
1 invalidity thereof shall not affect any of the other
2 provisions of this Article Act. If the application of any
3 provision of this Article Act to any person or circumstance
4 circumstances is held invalid it shall not affect the
5 application of such provision to such persons or
6 circumstances other than those as to which it is held
7 invalid.
8 (Source: P.A. 76-1770.)
9 PART 175. MILFORD CIVIC CENTER
10 (70 ILCS 220/7-1) (from Ch. 85, par. 5101)
11 Section 175-1. Short title. Sec. 7-1. * * *(nonstandard
12 provisions contained in Section 175-1)* * *
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/7-2) (from Ch. 85, par. 5102)
15 Section 2-5. Definitions. Sec. 7-2. As used In this
16 Article, unless the context otherwise requires:
17 * * *(nonstandard provisions contained in Section 175-5)*
18 * *
19 "Governmental agency" means the federal government, the
20 State of Illinois, any unit of local government or school
21 district, and any agency or instrumentality thereof.
22 "Person" means any individual, firm, partnership,
23 corporation, foreign or domestic company, association or
24 joint stock joint-stock association; and includes any
25 trustee, receiver, assignee or personal representative
26 thereof.
27 * * * (nonstandard provisions contained in Section 175-5)
28 * * * (Source: P.A. 84-245.)
29 (70 ILCS 220/7-3) (from Ch. 85, par. 5103)
30 Section 2-10. Lawsuits; common seal. Sec. 7-3. * *
31 *(nonstandard provisions contained in Section 175-10)* * *
-942- LRB9000879DJcd
1 (a) The Authority may sue and be sued in its corporate
2 own name but execution shall not in any case issue against
3 any property of the Authority.
4 (b) The Authority may adopt a common seal and change the
5 same at its pleasure. * * *(nonstandard provisions contained
6 in Section 175-10)* * *
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/7-4) (from Ch. 85, par. 5104)
9 Section 2-17. Duties; auditorium and other buildings.
10 Sec. 7-4. It shall be the duty of the Authority to promote,
11 operate and maintain expositions, conventions, or theatrical,
12 sports or cultural activities from time to time in the
13 metropolitan area and in connection therewith to arrange,
14 finance and maintain industrial, cultural, educational,
15 theatrical, sports, trade or scientific exhibits and to lease
16 or construct, equip and maintain auditoriums, exposition
17 buildings or office buildings for such purposes.
18 The Authority is granted all rights and powers necessary
19 to perform such duties.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/7-5) (from Ch. 85, par. 5105)
22 Section 2-21. Rights and powers. Sec. 7-5. The Authority
23 shall have the following rights and powers duties:
24 (a) To acquire, purchase, own, construct, lease as
25 lessee or in any other way acquire, improve, extend, repair,
26 reconstruct, regulate, operate, equip and maintain fair or
27 exposition grounds, convention or exhibition centers, civic
28 auditoriums, and office and municipal buildings, including
29 sites and parking areas and facilities therefor located
30 within the metropolitan area.
31 (b) To enter into contracts treating in any manner with
32 the objects and purposes of this Article Act.
-943- LRB9000879DJcd
1 (c) To plan for such grounds, centers and auditoriums
2 and to plan, sponsor, hold, arrange, and finance fairs,
3 industrial, cultural, educational, trade and scientific
4 exhibits, shows and events and to use or allow the use of
5 such grounds, centers and auditoriums for the holding of
6 fairs, exhibits, shows and events, whether conducted by the
7 Authority or some other person or governmental agency.
8 (d) To fix and collect just, reasonable and
9 nondiscriminatory charges and rents for the use of such
10 parking areas and facilities, grounds, centers, buildings and
11 auditoriums, and to collect admission charges to fairs,
12 shows, exhibits and events sponsored or held by the
13 Authority. The charges collected may be made available to
14 defray the reasonable expenses of the Authority and to pay
15 the principal of and the interest on any bonds issued by the
16 Authority.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/7-6) (from Ch. 85, par. 5106)
19 Section 2-25. Incurring obligations. Sec. 7-6. The
20 Authority shall not incur any obligations for salaries or for
21 office or administrative expenses except within the amounts
22 of funds that which will be available to it when such
23 obligations become payable.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/7-7) (from Ch. 85, par. 5107)
26 Section 2-36. Acquisition of property from person or
27 governmental agency. Sec. 7-7. The Authority shall have the
28 power (i) to acquire and accept by purchase, lease, gift or
29 otherwise any property or rights from any person or
30 governmental agency useful for its purposes, (ii) and to
31 apply for and accept grants, matching grants, loans or
32 appropriations from the State of Illinois or any agency or
-944- LRB9000879DJcd
1 instrumentality thereof to be used for any of the purposes of
2 the Authority, and (iii) to enter into any agreement with the
3 State of Illinois in relation to such grants, matching
4 grants, loans or appropriations.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/7-8) (from Ch. 85, par. 5108)
7 Section 2-40. Federal money. Sec. 7-8. The Authority
8 shall have the power (i) to apply for and accept grants,
9 matching grants, loans or appropriations from the federal
10 government or any agency or instrumentality thereof to be
11 used for any of the purposes of the Authority and (ii) to
12 enter into any agreement with the federal government in
13 relation to such grants, matching grants, loans or
14 appropriations.
15 (Source: P.A. 84-245.)
16 (70 ILCS 220/7-9) (from Ch. 85, par. 5109)
17 Section 2-45. Insurance. Sec. 7-9. The Authority shall
18 have the power to procure and enter into contracts for any
19 type of insurance and indemnity against loss or damage to
20 property from any cause, against loss of use and occupancy,
21 against employers' liability, against any act of any member,
22 officer, or employee of the Board or Authority in the
23 performance of the duties of the his office or employment,
24 and or against any other insurable risk.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/7-10) (from Ch. 85, par. 5110)
27 Section 2-51. Borrowing; revenue bonds; mandamus or
28 other actions to compel performance. Sec. 7-10. The
29 Authority shall have continuing power to borrow money for the
30 purpose of carrying out and performing its duties and
31 exercising its powers under this Article Act.
-945- LRB9000879DJcd
1 For the purpose of evidencing the obligation of the
2 Authority to repay any money borrowed as aforesaid, the
3 Authority may, pursuant to an ordinance adopted by the Board,
4 from time to time issue and dispose of its interest bearing
5 revenue bonds, and may also from time to time issue and
6 dispose of its interest bearing revenue bonds to refund any
7 bonds at maturity or pursuant to redemption provisions or at
8 any time before maturity with the consent of the holders
9 thereof. All such bonds shall be payable solely from the
10 revenues or income to be derived from the fairs, expositions,
11 exhibitions, rentals and leases and other authorized
12 activities operated by the Authority, and from funds, if any,
13 received and to be received by the Authority from any other
14 source. Such bonds may bear such date or dates, may mature
15 at such time or times not exceeding 40 years from their
16 respective dates, may bear interest at such rate or rates,
17 not exceeding the maximum rate permitted by the Bond
18 Authorization Act "An Act to authorize public corporations to
19 issue bonds, other evidences of indebtedness and tax
20 anticipation warrants subject to interest rate limitations
21 set forth therein", approved May 26, 1970, as amended, may be
22 in such form, may carry such registration privileges, may be
23 executed in such manner, may be payable at such place or
24 places, may be made subject to redemption in such manner and
25 upon such terms, with or without premium as is stated on the
26 face thereof, may be executed in such manner and may contain
27 such terms and covenants, all as may be provided in the
28 ordinance. In case any officer whose signature appears on
29 any bond ceases (after attaching his signature) to hold
30 office,; his signature shall nevertheless be valid and
31 effective for all purposes. The holder or holders of any
32 bonds, or interest coupons appertaining thereto, issued by
33 the Authority may bring mandamus, injunction, or other civil
34 actions or and proceedings to compel the performance and
-946- LRB9000879DJcd
1 observance by the Authority or any of its officers, agents or
2 employees of or any contract or covenant made by the
3 Authority with the holders of such bonds or interest coupons,
4 and to compel the Authority and any of its officers, agents
5 or employees to perform any duties required to be performed
6 for the benefit of the holders of any such bonds or interest
7 coupons by the provisions of the ordinance authorizing their
8 issuance, and to enjoin the Authority and any of its
9 officers, agents or employees from taking any action in
10 conflict with any such contract or covenant.
11 Notwithstanding the form and tenor of any such bonds and
12 in the absence of any express recital on the face thereof
13 that it is non-negotiable, all such bonds shall be negotiable
14 instruments under the Uniform Commercial Code of the State of
15 Illinois.
16 From and after the issuance of any bonds as herein
17 provided it shall be the duty of the corporate authorities of
18 the Authority to fix and establish rates, charges, rents, and
19 fees for the use of facilities acquired, constructed,
20 reconstructed, extended or improved with the proceeds of the
21 sale of said bonds sufficient at all times, with other
22 revenues of the Authority, to pay:
23 (a) the cost of leasing, maintaining, repairing,
24 regulating and operating the facilities; and
25 (b) the bonds and interest thereon as they shall become
26 due, and all sinking fund requirements and other requirements
27 provided by the ordinance authorizing the issuance of the
28 bonds or as provided by any trust agreement executed to
29 secure payment thereof.
30 To secure the payment of any or all of such bonds and for
31 the purpose of setting forth the covenants and undertakings
32 of the Authority in connection with the issuance thereof and
33 the issuance of any additional bonds payable from such
34 revenue income to be derived from the fairs, recreational,
-947- LRB9000879DJcd
1 theatrical or cultural expositions, sport activities,
2 exhibitions, office rentals, and air space leases and
3 rentals, and other revenue, if any, the Authority may execute
4 and deliver a trust agreement or agreements; provided that no
5 lien upon any physical property of the Authority shall be
6 created thereby.
7 A remedy for any breach or default of the terms of any
8 such trust agreement by the Authority may be by mandamus,
9 injunction, or other civil actions or and proceedings in any
10 court of competent jurisdiction to compel performance and
11 compliance therewith, but the trust agreement may prescribe
12 by whom or on whose behalf such action may be instituted.
13 Before any such bonds (excepting refunding bonds) are
14 sold, the entire authorized issue, or any part thereof, shall
15 be offered for sale as a unit after advertising for bids at
16 least 3 times in a daily newspaper of general circulation
17 published in the metropolitan area, the last publication to
18 be at least 10 days before bids are required to be filed.
19 Copies of such advertisement may be published in any
20 newspaper or financial publication in the United States. All
21 bids shall be sealed, filed and opened as provided by
22 ordinance and the bonds shall be awarded to the highest and
23 best bidder or bidders therefor. The Authority shall have
24 the right to reject all bids and readvertise for bids in the
25 manner provided for in the initial advertisement. However,
26 if no bids are received such bonds may be sold at not less
27 than par value, without further advertising, within 60 days
28 after the bids are required to be filed pursuant to any
29 advertisement.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/7-11) (from Ch. 85, par. 5111)
32 Section 175-12. Bonds; nature of indebtedness. Sec.
33 7-11.* * * (nonstandard provisions contained in Section
-948- LRB9000879DJcd
1 175-12) * * *
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/7-12) (from Ch. 85, par. 5112)
4 Section 175-13. Investment in bonds. Sec. 7-12. * * *
5 (nonstandard provisions contained in Section 175-13) * * *
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/7-13) (from Ch. 85, par. 5113)
8 Section 2-75. Board members; financial matters; conflict
9 of interest. Sec. 7-13. * * *(nonstandard provisions
10 contained in Section 175-15) * * * The members of the Board
11 shall serve without compensation, but shall be reimbursed for
12 actual expenses incurred by them in the performance of their
13 duties.
14 No member of the Board or employee of the Authority shall
15 have any private financial interest, profit or benefit in any
16 contract, work or business of the Authority or nor in the
17 sale or lease of any property to or from the Authority.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/7-14) (from Ch. 85, par. 5114)
20 Section 2-80. Board members' oath. Sec. 7-14. * *
21 *(nonstandard provisions contained in Section 175-20)* * *
22 Within 30 days after certification of his appointment, and
23 before entering upon the duties of his office, each member of
24 the Board shall take and subscribe the constitutional oath of
25 office and file it in the office of the Secretary of State.
26 (Source: P.A. 84-245.)
27 (70 ILCS 220/7-15) (from Ch. 85, par. 5115)
28 Section 2-85. Board members; vacancy in office. Sec.
29 7-15. Members of the Board shall hold office until their
30 respective successors have been appointed and qualified. Any
-949- LRB9000879DJcd
1 member may resign from his office; the resignation takes to
2 take effect when the member's his successor has been
3 appointed and has qualified.
4 Section 2-83. Removal of Board member from office. The
5 appointing officer may remove any member of the Board
6 appointed by the officer him, in case of incompetency,
7 neglect of duty, or malfeasance in office, after service on
8 the member him, by registered United States mail, return
9 receipt requested, of a copy of the written charges against
10 the member him, and by providing him an opportunity to be
11 publicly heard in person or by counsel in the member's his
12 own defense upon not less than 10 days' notice.
13 (Section 2-85, resumed)
14 In case of failure to qualify within the time required,
15 or of abandonment of office, or in case of death, conviction
16 of a felony or removal from office, a member's office shall
17 become vacant. Each vacancy shall be filled for the
18 unexpired term by appointment in like manner, as in the case
19 of expiration of the term of a member of the Board.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/7-16) (from Ch. 85, par. 5116)
22 Section 2-90. Organization of the Board. Sec. 7-16. As
23 soon as practicably possible practicable after the
24 appointment of the initial members, the Board shall organize
25 for the transaction of business, select a chairman and a
26 temporary secretary from its own number, and adopt by-laws
27 and regulations to govern its proceedings. The initial
28 chairman and his successors shall be elected by the Board
29 from time to time for the term of the chairman's his office
30 as a member of the Board or for the a term of 3 years,
31 whichever is shorter.
32 (Source: P.A. 84-245.)
-950- LRB9000879DJcd
1 (70 ILCS 220/7-17) (from Ch. 85, par. 5117)
2 Section 2-96. Meetings; action by 4 Board members. Sec.
3 7-17. Regular meetings of the Board shall be held at least
4 once in each calendar month, the time and place of such
5 meetings to be fixed by the Board.
6 Four members of the Board shall constitute a quorum for
7 the transaction of business. All actions action of the Board
8 shall be by ordinance or resolution and the affirmative vote
9 of at least 4 members shall be necessary for the adoption of
10 any ordinance or resolution.
11 All ordinances, resolutions and records of proceedings of
12 the Authority, and all documents and records in its
13 possession, shall be public records, and open to public
14 inspection, except such documents and records as shall be
15 kept or prepared by the Board for use in negotiations,
16 actions or proceedings to which the Authority is a party.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/7-18) (from Ch. 85, par. 5118)
19 Section 2-101. Secretary; treasurer; funds deposited in
20 bank or savings and loan association. Sec. 7-18. The Board
21 shall appoint a secretary and a treasurer, who need not be
22 members of the Board, to hold office during at the pleasure
23 of the Board, and shall fix their duties and compensation.
24 Before entering upon the their duties of their respective
25 offices they shall take and subscribe the constitutional oath
26 of office, and the treasurer shall execute a bond with
27 corporate sureties to be approved by the Board. The bond
28 shall be payable to the Authority in whatever penal sum may
29 be directed upon the faithful performance of the duties of
30 the office and the payment of all money received by the
31 treasurer him according to law and the orders of the Board.
32 The Board may, at any time, require a new bond from the
33 treasurer in such penal sum as may then be determined by the
-951- LRB9000879DJcd
1 Board. The obligation of the sureties shall not extend to
2 any loss sustained by the insolvency, failure or closing of
3 any savings and loan association or national or State bank
4 wherein the treasurer has deposited funds if the bank or
5 savings and loan association has been approved by the Board
6 as a depository for those these funds. The oaths of office
7 and the treasurer's bond shall be filed in the principal
8 office of the Authority.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/7-19) (from Ch. 85, par. 5119)
11 Section 2-106. Funds; compliance with Public Funds
12 Investment Act. Sec. 7-19. All funds deposited by the
13 treasurer in any bank or savings and loan association shall
14 be placed in the name of the Authority and shall be withdrawn
15 or paid out only by check or draft upon the bank or savings
16 and loan association, signed by the treasurer and
17 countersigned by the chairman of the Board. The Board may
18 designate any of its members or any officer or employee of
19 the Authority to affix the signature of the chairman and
20 another to affix the signature of the treasurer to any check
21 or draft for payment of salaries or wages and for payment of
22 any other obligation of not more than $2,500.
23 No bank or savings and loan association shall receive
24 public funds as permitted by this Section, unless it has
25 complied with the requirements established pursuant to
26 Section 6 of the Public Funds Investment Act "An Act relating
27 to certain investments of public funds by public agencies",
28 approved July 23, 1943, as now or hereafter amended.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/7-20) (from Ch. 85, par. 5120)
31 Section 2-110. Signatures on checks or drafts. Sec. 7-20.
32 In case any officer whose signature appears upon any check or
-952- LRB9000879DJcd
1 draft, issued pursuant to this Article Act, ceases to hold
2 office (after attaching his or her signature) to hold his
3 office and before the delivery of the check or draft thereof
4 to the payee, that his signature nevertheless shall be valid
5 and sufficient for all purposes with the same effect as if
6 the officer he had remained in office until delivery
7 thereof.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/7-21) (from Ch. 85, par. 5121)
10 Section 2-115. General manager; other appointments. Sec.
11 7-21. The Board may appoint a general manager who shall be a
12 person of recognized ability and business experience, to hold
13 office during at the pleasure of the Board. The general
14 manager shall have management of manage the properties and
15 business of the Authority and of the employees thereof
16 subject to the general control of the Board, and shall direct
17 the enforcement of all ordinances, resolutions, rules and
18 regulations of the Board, and shall perform such other duties
19 as may be prescribed from time to time by the Board.
20 The Board may appoint a general attorney and a chief
21 engineer and shall provide for the appointment of such other
22 officers, attorneys, engineers, planners, consultants, agents
23 and employees as may be necessary. The Board shall define
24 their duties and require bonds of such of them as the Board
25 may designate.
26 The general manager, general attorney, chief engineer,
27 and all other officers provided for pursuant to this Section
28 shall be exempt from taking and subscribing any oath of
29 office and shall not be members of the Board.
30 The compensation of the general manager, general
31 attorney, chief engineer, and all other officers, attorneys,
32 planners, consultants, agents and employees shall be fixed by
33 the Board.
-953- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/7-22) (from Ch. 85, par. 5122)
3 Section 2-120. Ordinances, rules, and regulations; fines
4 and penalties. Sec. 7-22. The Board shall have power to pass
5 all ordinances and make all rules and regulations proper or
6 necessary to carry into effect the powers granted to the
7 Authority, with such fines or penalties as may be deemed
8 proper. All fines and penalties shall be imposed by
9 ordinance, which shall be published in a newspaper of general
10 circulation published in the metropolitan area. No such
11 ordinance imposing a fine or penalty shall take effect until
12 10 days after its publication.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/7-23) (from Ch. 85, par. 5123)
15 Section 2-127. Contracts; award to other than highest or
16 lowest bidder by four-fifths vote. Sec. 7-23. All contracts
17 for sale of property of the value of more than $2500, or for
18 a concession in or lease of property, including air rights,
19 of the Authority for a term of more than one year, shall be
20 awarded to the highest responsible bidder, after advertising
21 for bids. All construction contracts and contracts for
22 supplies, materials, equipment and services, when the expense
23 thereof will exceed $2500, shall be let to the lowest
24 responsible bidder, after advertising for bids, except: (1)
25 when repair parts, accessories, equipment or services are
26 required for equipment or services previously furnished or
27 contracted for; (2) when the nature of the services required
28 is such that competitive bidding is not in the best interest
29 of the public, including, without limiting the generality of
30 the foregoing, the services of accountants, architects,
31 attorneys, engineers, physicians, superintendents of
32 construction, and others possessing a high degree of skill;
-954- LRB9000879DJcd
1 and (3) when services such as water, light, heat, power,
2 telephone or telegraph are required.
3 All contracts involving less than $2500 shall be let by
4 competitive bidding to the lowest responsible bidder whenever
5 possible, and in any event in a manner calculated to ensure
6 insure the best interests of the public.
7 In determining the responsibility of any bidder, the
8 Board may take into account the past record of dealings with
9 the bidder, the bidder's experience, adequacy of equipment,
10 and ability to complete performance within the time set, and
11 other factors besides financial responsibility, but in no
12 case shall any such contract be awarded to any other than the
13 highest bidder (in case of sale, concession or lease), or the
14 lowest bidder (in case of purchase or expenditure), unless
15 authorized or approved by a vote of at least 4/5 of the
16 members of the Board, and unless such action is accompanied
17 by a statement in writing setting forth the reasons for not
18 awarding the contract to the highest or lowest bidder, as the
19 case may be, which statement shall be kept on file in the
20 principal office of the Authority and open to public
21 inspection.
22 Members of the Board, officers and employees of the
23 Authority, and their relatives within the fourth degree of
24 consanguinity by the terms of the civil law, are forbidden to
25 be interested directly or indirectly in any contract for
26 construction or maintenance work or for the delivery of
27 materials, supplies or equipment.
28 The Board shall have the right to reject all bids and to
29 readvertise for bids. If after any such advertisement no
30 responsible and satisfactory bid, within the terms of the
31 advertisement, shall be received, the Board may award such
32 contract, without competitive bidding, provided that it shall
33 not be less advantageous to the Authority than any valid bid
34 received pursuant to advertisement.
-955- LRB9000879DJcd
1 The Board shall adopt rules and regulations to carry into
2 effect the provisions of this Section.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/7-24) (from Ch. 85, par. 5124)
5 Section 2-130. Bids and advertisements. Sec. 7-24.
6 Advertisements for bids shall be published at least twice in
7 a daily newspaper of general circulation published in the
8 metropolitan area, the last publication to be at least 10
9 calendar days before the time for receiving bids, and such
10 advertisements shall also be posted on readily accessible
11 bulletin boards in the principal office of the Authority.
12 Such advertisements shall state the time and place for
13 receiving and opening of bids, and, by reference to plans and
14 specifications on file at the time of the first publication,
15 or in the advertisement itself, shall describe the character
16 of the proposed contract in sufficient detail to fully advise
17 prospective bidders of their obligations and to ensure insure
18 free and open competitive bidding.
19 All bids in response to advertisements shall be sealed
20 and shall be publicly opened by the Board, and all bidders
21 shall be entitled to be present in person or by
22 representatives. Cash or a certified or satisfactory
23 cashier's check, as a deposit of good faith, in a reasonable
24 amount to be fixed by the Board before advertising for bids,
25 shall be required with the proposal of each bidder. Bond for
26 faithful performance of the contract with surety or sureties
27 satisfactory to the Board and adequate insurance may be
28 required in reasonable amounts to be fixed by the Board
29 before advertising for bids.
30 The contract shall be awarded as promptly as possible
31 after the opening of bids. The bid of the successful bidder,
32 as well as the bids of the unsuccessful bidders, shall be
33 placed on file and be open to public inspection. All bids
-956- LRB9000879DJcd
1 shall be void if any disclosure of the terms of any bid in
2 response to an advertisement is made or permitted to be made
3 by the Board before the time fixed for opening bids.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/7-25) (from Ch. 85, par. 5125)
6 Section 175-25. Report and financial statement. Sec.
7 7-25. * * *(nonstandard provisions contained in Section
8 175-25)* * *
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/7-26) (from Ch. 85, par. 5126)
11 Section 2-150. Tax exemption. Sec. 7-26. All property of
12 the Authority shall be exempt from taxation by the State or
13 any taxing unit therein.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/7-27) (from Ch. 85, par. 5127)
16 Section 2-145. Antitrust laws. Sec. 7-27. The Authority
17 is hereby expressly made the beneficiary of the provisions of
18 Section 1 of the Local Government Antitrust Exemption Act "An
19 Act to make explicit the authorization for units of local
20 government and certain other governmental bodies to act as
21 permitted by statute or the Illinois Constitution,
22 notwithstanding effects on competition", amendatory veto
23 overridden November 3, 1983, and the General Assembly intends
24 that the "State action exemption" to the application of the
25 federal antitrust anti-trust laws be fully available to the
26 Authority to the extent its activities are either (1)
27 expressly or by necessary implication authorized by this
28 Article Act or other Illinois law, or (2) within traditional
29 areas of local governmental activity.
30 (Source: P.A. 84-245.)
-957- LRB9000879DJcd
1 (70 ILCS 220/7-28) (from Ch. 85, par. 5128)
2 Section 2-140. State financial support. Sec. 7-28. The
3 Authority created by this Article Act shall receive financial
4 support from the State in the amounts provided for in Section
5 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 84-245.)
7 PART 180. NORMAL CIVIC CENTER
8 (70 ILCS 220/2-1) (from Ch. 85, par. 4601)
9 Section 2-3. Purpose. Sec. 2-1. The purpose of this
10 Article is to accomplish the aims of the State of Illinois to
11 enhance the ability of its citizens to avail themselves of
12 civic and cultural centers geographically situated throughout
13 the entire State of Illinois.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/2-2) (from Ch. 85, par. 4602)
16 Section 180-1. Short title. Sec. 2-2. * * *(nonstandard
17 provisions contained in Section 180-1)* * *
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/2-3) (from Ch. 85, par. 4603)
20 Section 2-5. Definitions. Sec. 2-3. When used In this
21 Article:
22 * * *(nonstandard provisions contained in Section 180-5)*
23 * *
24 "Governmental agency" means the federal government, the
25 State, and any unit of local government governmental or
26 school district body, and any agency or instrumentality,
27 corporate or otherwise, thereof.
28 "Person" means any individual, firm, partnership,
29 corporation, both domestic and foreign, company, association
30 or joint stock association; and includes any trustee,
31 receiver, assignee or personal representative thereof.
-958- LRB9000879DJcd
1 * * *(nonstandard provisions contained in Section 180-5)*
2 * *
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/2-4) (from Ch. 85, par. 4604)
5 Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
6 *(nonstandard provisions contained in Section 180-10)* * *
7 (a) The Authority may sue and be sued in its corporate
8 name but execution shall not in any case issue against any
9 property of the Authority.
10 (b) The Authority It may adopt a common seal and change
11 the same at its pleasure. * * *(nonstandard provisions
12 contained in Section 180-10)* * *
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/2-5) (from Ch. 85, par. 4605)
15 Section 2-15. Duties; auditorium, recreational, and
16 other buildings; lease of space. Sec. 2-5. It shall be the
17 duty of the Authority to promote, operate and maintain
18 expositions, conventions, and theatrical, sports and cultural
19 activities from time to time in the metropolitan area and in
20 connection therewith to arrange, finance and maintain
21 industrial, cultural, educational, theatrical, sports, trade
22 and scientific exhibits and to construct, equip and maintain
23 auditorium, exposition, recreational and office buildings for
24 such purposes.
25 The provision of office space for lease and rental and
26 the lease of air space over and appurtenant to such
27 structures shall be deemed an integral function of the
28 Authority.
29 The Authority is granted all rights and powers necessary
30 to perform such duties.
31 (Source: P.A. 84-245.)
-959- LRB9000879DJcd
1 (70 ILCS 220/2-6) (from Ch. 85, par. 4606)
2 Section 2-20. Rights and powers, including eminent
3 domain. Sec. 2-6. The Authority shall have the following
4 rights and powers duties:
5 (a) To acquire, purchase, own, construct, lease as
6 lessee or in any other way acquire, improve, extend, repair,
7 reconstruct, regulate, operate, equip and maintain exhibition
8 centers, civic auditoriums, cultural facilities and office
9 buildings, including sites and parking areas and commercial
10 facilities therefor located within the metropolitan area;
11 (b) To plan for such grounds, centers and auditoriums
12 and to plan, sponsor, hold, arrange and finance fairs,
13 industrial, cultural, educational, trade and scientific
14 exhibits, shows and events and to use or allow the use of
15 such grounds, centers, and auditoriums for the holding of
16 fairs, exhibits, shows and events whether conducted by the
17 Authority or some other person or governmental agency;
18 (c) To exercise the right of eminent domain to acquire
19 sites for such grounds, centers, buildings and auditoriums,
20 and parking areas and facilities in the manner provided for
21 the exercise of the right of eminent domain under Article VII
22 of the Code of Civil Procedure, as amended;
23 (d) To fix and collect just, reasonable and
24 nondiscriminatory charges and rents for the use of such
25 parking areas and facilities, grounds, centers, buildings and
26 auditoriums and admission charges to fairs, shows, exhibits
27 and events sponsored or held by the Authority. The charges
28 collected may be made available to defray the reasonable
29 expenses of the Authority and to pay the principal of and the
30 interest on any bonds issued by the Authority;
31 (e) To enter into contracts treating in any manner with
32 the objects and purposes of this Article.
33 (Source: P.A. 84-245.)
-960- LRB9000879DJcd
1 (70 ILCS 220/2-7) (from Ch. 85, par. 4607)
2 Section 2-25. Incurring obligations. Sec. 2-7. The
3 Authority shall not incur any obligations for salaries, or
4 for office or administrative expenses except within the
5 amounts of funds that which will be available to it when such
6 obligations become payable.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/2-8) (from Ch. 85, par. 4608)
9 Section 2-35. Acquisition of property from person,
10 State, or local agency. Sec. 2-8. The Authority shall have
11 power (i) to acquire and accept by purchase, lease, gift or
12 otherwise any property or rights useful for the Authority's
13 purposes from any person or persons, from any municipal
14 corporation, body politic, or agency of the State, or from
15 the State itself, useful for its purposes, and (ii) to apply
16 for and accept grants, matching grants, loans or
17 appropriations from the State of Illinois or any agency or
18 instrumentality thereof to be used for any of the purposes of
19 the Authority, and (iii) to enter into any agreement with the
20 State of Illinois in relation to such grants, matching
21 grants, loans or appropriations.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/2-9) (from Ch. 85, par. 4609)
24 Section 2-40. Federal money. Sec. 2-9. The Authority
25 shall have the power (i) to apply for and accept grants,
26 matching grants, loans or appropriations from the federal
27 government or any agency or instrumentality thereof to be
28 used for any of the purposes of the Authority and (ii) to
29 enter into any agreement with the federal government in
30 relation to such grants, matching grants, loans or
31 appropriations.
32 (Source: P.A. 84-245.)
-961- LRB9000879DJcd
1 (70 ILCS 220/2-10) (from Ch. 85, par. 4610)
2 Section 2-45. Insurance. Sec. 2-10. The Authority shall
3 have the power to procure and enter into contracts for any
4 type of insurance and indemnity against loss or damage to
5 property from any cause, against loss of use and occupancy,
6 against employers' liability, against any act of any member,
7 officer, or employee of the Board or Authority in the
8 performance of the duties of the his office or employment,
9 and against or any other insurable risk.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/2-11) (from Ch. 85, par. 4611)
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance. Sec. 2-11. The Authority shall have continuing
14 power to borrow money for the purpose of carrying out and
15 performing its duties and exercising its powers under this
16 Article Act.
17 For the purpose of evidencing the obligation of the
18 Authority to repay any money borrowed as aforesaid, the
19 Authority may, pursuant to an ordinance adopted by the Board,
20 from time to time issue and dispose of its interest bearing
21 revenue bonds, and may also from time to time issue and
22 dispose of its interest bearing revenue bonds to refund any
23 bonds at maturity or pursuant to redemption provisions or at
24 any time before maturity with the consent of the holders
25 thereof. All such bonds shall be payable solely from the
26 revenues or income to be derived from the fairs, expositions,
27 exhibitions, rentals and leases and other authorized
28 activities operated by it, and from funds, if any, received
29 and to be received by the Authority from any other source.
30 Such bonds may bear such date or dates, may mature at such
31 time or times not exceeding 40 forty years from their
32 respective dates, may bear interest at such rate or rates,
33 not exceeding the maximum rate permitted by the Bond
-962- LRB9000879DJcd
1 Authorization Act "An Act to authorize public corporations to
2 issue bonds, other evidences of indebtedness and tax
3 anticipation warrants subject to interest rate limitations
4 set forth therein", approved May 26, 1970, as amended, may be
5 in such form, may carry such registration privileges, may be
6 executed in such manner, may be payable at such place or
7 places, may be made subject to redemption in such manner and
8 upon such terms, with or without premium as is stated on the
9 face thereof, may be executed in such manner, and may contain
10 such terms and covenants, all as may be provided in said
11 ordinance. In case any officer whose signature appears on any
12 bond ceases (after attaching his signature) to hold office,
13 his signature shall nevertheless be valid and effective for
14 all purposes. The holder or holders of any bonds, or interest
15 coupons appertaining thereto issued by the Authority may
16 bring suits at law or proceedings in equity to compel the
17 performance and observance by the Authority or any of its
18 officers, agents or employees of or any contract or covenant
19 made by the Authority with the holders of such bonds or
20 interest coupons, and to compel the Authority or and any of
21 its officers, agents or employees to perform any duties
22 required to be performed for the benefit of the holders of
23 any such bonds or interest coupons by the provisions of the
24 ordinance authorizing their issuance, and to enjoin the
25 Authority and any of its officers, agents or employees from
26 taking any action in conflict with any such contract or
27 covenant.
28 Notwithstanding the form and tenor of any such bonds and
29 in the absence of any express recital on the face thereof
30 that it is non-negotiable, all such bonds shall be negotiable
31 instruments under the Uniform Commercial Code.
32 From and after the issuance of any bonds as herein
33 provided it shall be the duty of the corporate authorities of
34 the Authority to fix and establish rates, charges, rents, and
-963- LRB9000879DJcd
1 fees for the use of facilities acquired, constructed,
2 reconstructed, extended or improved with the proceeds of the
3 sale of said bonds sufficient at all times, with other
4 revenues of the Authority, to pay:
5 (a) the cost of maintaining, repairing, regulating and
6 operating the said facilities; and
7 (b) the bonds and interest thereon as they shall become
8 due, and all sinking fund requirements and other requirements
9 provided by the ordinance authorizing the issuance of the
10 bonds or as provided by any trust agreement executed to
11 secure payment thereof.
12 To secure the payment of any or all of such bonds and for
13 the purpose of setting forth the covenants and undertakings
14 of the Authority in connection with the issuance thereof and
15 the issuance of any additional bonds payable from such
16 revenue income to be derived from the fairs, recreational,
17 theatrical, and cultural, expositions, sports sport
18 activities, exhibitions, office rentals, and air space leases
19 and rentals, and from other revenue, if any, the Authority
20 may execute and deliver a trust agreement or agreements;
21 provided that no lien upon any physical property of the
22 Authority shall be created thereby.
23 A remedy for any breach or default of the terms of any
24 such trust agreement by the Authority may be by mandamus
25 proceedings in any court of competent jurisdiction to compel
26 performance and compliance therewith, but the trust agreement
27 may prescribe by whom or on whose behalf such action may be
28 instituted.
29 Before any such bonds (excepting refunding bonds) are
30 sold, the entire authorized issue, or any part thereof, shall
31 be offered for sale as a unit after advertising for bids at
32 least 3 three times in a daily newspaper of general
33 circulation published in the metropolitan area, the last
34 publication to be at least 10 ten days before bids are
-964- LRB9000879DJcd
1 required to be filed. Copies of such advertisement may be
2 published in any newspaper or financial publication in the
3 United States. All bids shall be sealed, filed and opened as
4 provided by ordinance and the bonds shall be awarded to the
5 highest and best bidder or bidders therefor. The Authority
6 shall have the right to reject all bids and to readvertise
7 for bids in the manner provided for in the initial
8 advertisement. However, if no bids are received such bonds
9 may be sold at not less than par value, without further
10 advertising, within 60 days after the bids are required to be
11 filed pursuant to any advertisement.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/2-12) (from Ch. 85, par. 4612)
14 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
15 Under no circumstances shall any bonds issued by the
16 Authority be or become an indebtedness or obligation of the
17 State of Illinois or of any other political subdivision of or
18 municipality within the State, nor shall any such bond or
19 obligation be or become an indebtedness of the Authority
20 within the purview of any constitutional limitation or
21 provision, and it shall be plainly stated on the face of each
22 such bond that it does not constitute such an indebtedness or
23 obligation but is payable solely from the revenues or income
24 as provided in this Article aforesaid.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/2-13) (from Ch. 85, par. 4613)
27 Section 2-60. Investment in bonds. Sec. 2-13. The State
28 and all counties, cities, villages, incorporated towns and
29 other municipal corporations, political subdivisions and
30 public bodies, and public officers of any thereof;, all
31 banks, bankers, trust companies, savings banks and
32 institutions, building and loan associations, savings and
-965- LRB9000879DJcd
1 loan associations, investment companies and other persons
2 carrying on an insurance business; and all executors,
3 administrators, guardians, trustees and other fiduciaries may
4 legally invest any sinking funds, moneys or other funds
5 belonging to them or within their control in any bonds issued
6 pursuant to this Article, it being the purpose of this
7 Section to authorize the investment in such bonds of all
8 sinking, insurance, retirement, compensation, pension and
9 trust funds, whether owned or controlled by private or public
10 persons or officers; provided, however, that nothing
11 contained in this Section may be construed as relieving any
12 person from any duty of exercising reasonable care in
13 selecting securities for investment.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/2-14) (from Ch. 85, par. 4614)
16 Section 2-75. Board members; financial matters; conflict
17 of interest. Sec. 2-14. * * *(nonstandard provisions
18 contained in Section 180-15)* * * The members of the Board
19 shall serve without compensation, but shall be reimbursed for
20 actual expenses incurred by them in the performance of their
21 duties.
22 No member of the Board or employee of the Authority shall
23 have any private financial interest, profit or benefit in any
24 contract, work or business of the Authority or nor in the
25 sale or lease of any property to or from the Authority.
26 (Source: P.A. 84-245.)
27 (70 ILCS 220/2-15) (from Ch. 85, par. 4615)
28 Section 2-80. Board members' oath. Sec. 2-15. * *
29 *(nonstandard provisions contained in Section 180-20)* * *
30 Within 30 days after certification of his appointment, and
31 before entering upon the duties of his office, each member of
32 the Board shall take and subscribe the constitutional oath of
-966- LRB9000879DJcd
1 office and file it in the office of the Secretary of State.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/2-16) (from Ch. 85, par. 4616)
4 Section 2-85. Board members; vacancy in office. Sec.
5 2-16. Members of the Board shall hold office until their
6 respective successors have been appointed and qualified. Any
7 member may resign from his office; the resignation takes to
8 take effect when the member's his successor has been
9 appointed and has qualified. * * *(nonstandard provisions
10 contained in Section 180-25)* * *
11 In case of failure to qualify within the time required,
12 or of abandonment of his office, or in case of death,
13 conviction of a felony or removal from office, a member's his
14 office shall become vacant. Each vacancy shall be filled for
15 the unexpired term by appointment in like manner, as in the
16 case of expiration of the term of a member of the Board.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/2-17) (from Ch. 85, par. 4617)
19 Section 2-90. Organization of the Board. Sec. 2-17. As
20 soon as practicably possible after the appointment of the
21 initial members, the Board shall organize for the transaction
22 of business, select a chairman and a temporary secretary from
23 its own number, and adopt by-laws and regulations to govern
24 its proceedings. The initial chairman and his successors
25 shall be elected by the Board from time to time for the term
26 of the chairman's his office as a member of the Board or for
27 the term of 3 years, whichever is shorter.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/2-18) (from Ch. 85, par. 4618)
30 Section 2-95. Meetings; action by 5 Board members. Sec.
31 2-18. Regular meetings of the Board shall be held at least
-967- LRB9000879DJcd
1 once in each calendar month, the time and place of such
2 meetings to be fixed by the Board.
3 Five members of the Board shall constitute a quorum for
4 the transaction of business. All actions of the Board shall
5 be by ordinance or resolution and the affirmative vote of at
6 least 5 members shall be necessary for the adoption of any
7 ordinance or resolution.
8 All ordinances, resolutions and all proceedings of the
9 Authority and all documents and records in its possession
10 shall be public records, and open to public inspection,
11 except such documents and records as shall be kept or
12 prepared by the Board for use in negotiations, actions action
13 or proceedings to which the Authority is a party.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/2-19) (from Ch. 85, par. 4619)
16 Section 2-100. Secretary; treasurer. Sec. 2-19. The
17 Board shall appoint a secretary and a treasurer, who need not
18 be members of the Board, to hold office during the pleasure
19 of the Board, and shall fix their duties and compensation.
20 Before entering upon the duties of their respective offices
21 they shall take and subscribe the constitutional oath of
22 office, and the treasurer shall execute a bond with corporate
23 sureties to be approved by the Board. The bond shall be
24 payable to the Authority in whatever penal sum may be
25 directed upon the faithful performance of the duties of the
26 office and the payment of all money received by the treasurer
27 him according to law and the orders of the Board. The Board
28 may, at any time, require a new bond from the treasurer in a
29 such penal sum as may then be determined by the Board. The
30 obligation of the sureties shall not extend to any loss
31 sustained by the insolvency, failure or closing of any
32 national or state bank wherein the treasurer has deposited
33 funds if the bank has been approved by the Board as a
-968- LRB9000879DJcd
1 depositary for those these funds. The oaths of office and
2 the treasurer's bond shall be filed in the principal office
3 of the Authority.
4 (Source: P.A. 84-245.)
5 (70 ILCS 220/2-20) (from Ch. 85, par. 4620)
6 Section 2-105. Funds. Sec. 2-20. All funds deposited by
7 the treasurer in any bank shall be placed in the name of the
8 Authority and shall be withdrawn or paid out only by check or
9 draft upon the bank, signed by the treasurer and
10 countersigned by the chairman of the Board. The Board may
11 designate any of its members or any officer or employee of
12 the Authority to affix the signature of the chairman and
13 another to affix the signature of the treasurer to any check
14 or draft for payment of salaries or wages and for payment of
15 any other obligation of not more than $2,500.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/2-21) (from Ch. 85, par. 4621)
18 Section 2-110. Signatures on checks or drafts. Sec.
19 2-21. In case any officer whose signature appears upon any
20 check or draft, issued pursuant to this Article Act, ceases
21 (after attaching his signature) to hold his office after
22 attaching his or her signature and before the delivery of the
23 check or draft thereof to the payee, that his signature
24 nevertheless shall be valid and sufficient for all purposes
25 with the same effect as if the officer he had remained in
26 office until delivery.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/2-22) (from Ch. 85, par. 4622)
29 Section 2-115. General manager; other appointments. Sec.
30 2-22. The Board may appoint a general manager who shall be a
31 person of recognized ability and business experience, to
-969- LRB9000879DJcd
1 hold office during the pleasure of the Board. The general
2 manager shall have management of the properties and business
3 of the Authority and of the employees thereof subject to the
4 general control of the Board, shall direct the enforcement of
5 all ordinances, resolutions, rules and regulations of the
6 Board, and shall perform such other duties as may be
7 prescribed from time to time by the Board.
8 The Board may appoint a general attorney and a chief
9 engineer and shall provide for the appointment of such other
10 officers, attorneys, engineers, planners, consultants, agents
11 and employees as may be necessary. The Board It shall define
12 their duties and require bonds of such of them as the Board
13 may designate.
14 The general manager, general attorney, chief engineer,
15 and all other officers provided for pursuant to this Section
16 shall be exempt from taking and subscribing any oath of
17 office and shall not be members of the Board.
18 The compensation of the general manager, general
19 attorney, chief engineer, and all other officers, attorneys,
20 planners, consultants, agents and employees shall be fixed by
21 the Board.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/2-23) (from Ch. 85, par. 4623)
24 Section 2-122. Rules and regulations; penalties. Sec.
25 2-23. The Board shall have power to make all rules and
26 regulations proper or necessary to carry into effect the
27 powers granted to the Authority, with such penalties as may
28 be deemed proper.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/2-24) (from Ch. 85, par. 4624)
31 Section 2-125. Contracts; award to other than highest or
32 lowest bidder by vote of 5 Board members. Sec. 2-24. All
-970- LRB9000879DJcd
1 contracts for the sale of property of the value of more than
2 $2,500 or for a concession in or lease of property, including
3 air rights, of the Authority for a term of more than one year
4 shall be awarded to the highest responsible bidder, after
5 advertising for bids. All construction contracts and
6 contracts for supplies, materials, equipment and services,
7 when the expense thereof will exceed $2,500, shall be let to
8 the lowest responsible bidder, after advertising for bids,
9 excepting (1) when repair parts, accessories, equipment or
10 services are required for equipment or services previously
11 furnished or contracted for; (2) when the nature of the
12 services required is such that competitive bidding is not in
13 the best interest of the public, including, without limiting
14 the generality of the foregoing, the services of accountants,
15 architects, attorneys, engineers, physicians, superintendents
16 of construction, and others possessing a high degree of
17 skill; and (3) when services such as water, light, heat,
18 power, telephone or telegraph are required.
19 All contracts involving less than $2,500 shall be let by
20 competitive bidding to the lowest responsible bidder whenever
21 possible, and in any event in a manner calculated to ensure
22 insure the best interests of the public. Competitive bidding
23 is not required for the lease of real estate or buildings
24 owned or controlled by the Authority. The Board is empowered
25 to offer such leases upon such terms as it deems advisable.
26 In determining the responsibility of any bidder, the
27 Board may take into account the past record of dealings with
28 the bidder, the bidder's experience, adequacy of equipment,
29 and ability to complete performance within the time set, and
30 other factors besides financial responsibility, but in no
31 case shall any such contracts be awarded to any other than
32 the highest bidder (in case of sale, concession or lease) or
33 the lowest bidder (in case of purchase or expenditure) unless
34 authorized or approved by a vote of at least 5 members of the
-971- LRB9000879DJcd
1 Board, and unless such action is accompanied by a statement
2 in writing setting forth the reasons for not awarding the
3 contract to the highest or lowest bidder, as the case may be,
4 which statement shall be kept on file in the principal office
5 of the Authority and open to public inspection.
6 Members of the Board, officers and employees of the
7 Authority, and their relatives within the fourth degree of
8 consanguinity by the terms of the civil law, are forbidden to
9 be interested directly or indirectly in any contract for
10 construction or maintenance work or for the delivery of
11 materials, supplies or equipment.
12 The Board shall have the right to reject all bids and to
13 readvertise for bids. If after any such advertisement no
14 responsible and satisfactory bid, within the terms of the
15 advertisement, shall be received, the Board may award such
16 contract, without competitive bidding, provided that it shall
17 not be less advantageous to the Authority than any valid bid
18 received pursuant to advertisement.
19 The Board shall adopt rules and regulations to carry into
20 effect the provisions of this Section.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/2-25) (from Ch. 85, par. 4625)
23 Section 2-130. Bids and advertisements. Sec. 2-25.
24 Advertisements Advertisement for bids shall be published at
25 least twice in a daily newspaper of general circulation
26 published in the metropolitan area, the last publication to
27 be at least 10 calendar days before the time for receiving
28 bids, and such advertisements shall also be posted on readily
29 accessible bulletin boards in the principal office of the
30 Authority. Such advertisements shall state the time and
31 place for receiving and opening of bids, and, by reference to
32 plans and specifications on file at the time of the first
33 publication, or in the advertisement itself, shall describe
-972- LRB9000879DJcd
1 the character of the proposed contract in sufficient detail
2 to fully advise prospective bidders of their obligations and
3 to ensure insure free and open competitive bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * *(nonstandard provisions contained in Section
23 180-30)* * *
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/2-26) (from Ch. 85, par. 4626)
26 Section 2-135. Report and financial statement. Sec.
27 2-26. As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
32 for distribution to persons interested, upon request and a
33 copy thereof shall be filed with the county clerk and the
-973- LRB9000879DJcd
1 appointing officers.
2 (Source: P.A. 84-245.)
3 (70 ILCS 220/2-27) (from Ch. 85, par. 4627)
4 Section 2-140. State financial support. Sec. 2-27. The
5 Authority Authorities created by this Article Act shall
6 receive financial support from the State in the amounts
7 provided for in Section 4 of the Metropolitan Civic Center
8 Support Act.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/2-28) (from Ch. 85, par. 4628)
11 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
12 is hereby expressly made the beneficiary of the provisions of
13 Section 1 of the Local Government Antitrust Exemption Act "An
14 Act to make explicit the authorization for units of local
15 government and certain other governmental bodies to act as
16 permitted by statute or the Illinois Constitution,
17 notwithstanding effects on competition", amendatory veto
18 overridden November 3, 1983, and the General Assembly intends
19 that the "State action exemption" to the application of the
20 federal antitrust anti-trust laws be fully available to the
21 Authority to the extent its activities are either (1)
22 expressly or by necessary implication authorized by this
23 Article or other Illinois law, or (2) within traditional
24 areas of local governmental activity.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/2-29) (from Ch. 85, par. 4629)
27 Section 2-150. Tax exemption. Sec. 2-29. All property
28 of the Authority shall be exempt from taxation by the State
29 or any taxing unit therein.
30 (Source: P.A. 84-245.)
-974- LRB9000879DJcd
1 PART 185. OAK PARK CIVIC CENTER
2 (70 ILCS 220/10-1) (from Ch. 85, par. 5401)
3 Section 185-1. Short title. Sec. 10-1. (nonstandard
4 provisions contained in Section 185-1) * * *
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/10-2) (from Ch. 85, par. 5402)
7 Section 2-5. Definitions. Sec. 10-2. When used In this
8 Article:
9 * * * (nonstandard provisions contained in Section 185-5)
10 * * *
11 "Governmental agency" means the federal government, the
12 State, and any unit of local government or school district
13 governmental body, and any agency or instrumentality,
14 corporate or otherwise, thereof.
15 "Person" means any individual, firm, partnership,
16 corporation, both domestic and foreign, company, association
17 or joint stock joint-stock association; and includes any
18 trustee, receiver, assignee or personal representative
19 thereof.
20 * * * (nonstandard provisions contained in Section 185-5)
21 * * *
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/10-3) (from Ch. 85, par. 5403)
24 Section 2-10. Lawsuits; common seal. Sec. 10-3. * * *
25 (nonstandard provisions contained in Section 185-10) * * *
26 (a) The Authority may sue and be sued in its corporate
27 name but execution shall not in any case issue against any
28 property of the Authority.
29 (b) The Authority It may adopt a common seal and change
30 the same at its pleasure. * * * (nonstandard provisions
31 contained in Section 185-10) * * *
32 (Source: P.A. 84-245.)
-975- LRB9000879DJcd
1 (70 ILCS 220/10-4) (from Ch. 85, par. 5404)
2 Section 2-16. Duties; auditorium and other buildings;
3 lease of space. Sec. 10-4. It shall be the duty of the
4 Authority to promote, operate and maintain expositions,
5 conventions, and theatrical, sports and cultural activities
6 from time to time in the metropolitan area and in connection
7 therewith to arrange, finance and maintain industrial,
8 cultural, educational, theatrical, sports, trade and
9 scientific exhibits and to construct, equip and maintain
10 auditorium, exposition and office buildings for such
11 purposes.
12 The provision of office space for rental and lease and
13 the lease of air space over and appurtenant to such
14 structures shall be deemed an integral function of the
15 Authority.
16 The Authority is granted all rights and powers necessary
17 to perform such duties.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/10-5) (from Ch. 85, par. 5405)
20 Section 185-15. Rights and powers. Sec. 10-5. * * *
21 (nonstandard provisions contained in Section 185-15) * * *
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/10-6) (from Ch. 85, par. 5406)
24 Section 2-25. Incurring obligations. Sec. 10-6. The
25 Authority shall not incur any obligations for salaries or
26 for, office or administrative expenses except within the
27 amounts of funds that which will be available to it when such
28 obligations become payable.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/10-7) (from Ch. 85, par. 5407)
31 Section 2-35. Acquisition of property from person,
-976- LRB9000879DJcd
1 State, or local agency. Sec. 10-7. The Authority shall have
2 the power (i) to acquire and accept by purchase, lease, gift
3 or otherwise any property or rights useful for the
4 Authority's purposes from any person or persons, from any
5 municipal corporation, body politic, or agency of the State,
6 or from the State itself, (ii) useful for its purposes, and
7 to apply for and accept grants, matching grants, loans or
8 appropriations from the State of Illinois or any agency or
9 instrumentality thereof to be used for any of the purposes of
10 the Authority, and (iii) to enter into any agreement with the
11 State of Illinois in relation to such grants, matching
12 grants, loans or appropriations.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/10-8) (from Ch. 85, par. 5408)
15 Section 2-40. Federal money. Sec. 10-8. The Authority
16 shall have the power (i) to apply for and accept grants,
17 matching grants, loans or appropriations from the federal
18 government or any agency or instrumentality thereof to be
19 used for any of the purposes of the Authority and (ii) to
20 enter into any agreement with the federal government in
21 relation to such grants, matching grants, loans or
22 appropriations.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/10-9) (from Ch. 85, par. 5409)
25 Section 2-45. Insurance. Sec. 10-9. The Authority shall
26 have the power to procure and enter into contracts for any
27 type of insurance and indemnity against loss or damage to
28 property from any cause, against loss of use and occupancy,
29 against employers' liability, against any act of any member,
30 officer, or employee of the Board or Authority in the
31 performance of the duties of the his office or employment,
32 and against or any other insurable risk.
-977- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/10-10) (from Ch. 85, par. 5410)
3 Section 185-20. Borrowing; revenue bonds. Sec. 10-10. *
4 * * (nonstandard provisions contained in Section 185-20) * *
5 *
6 (Source: P.A. 86-4.)
7 (70 ILCS 220/10-11) (from Ch. 85, par. 5411)
8 Section 185-25. Bonds; nature of indebtedness. Sec.
9 10-11. * * * (nonstandard provisions contained in Section
10 185-25) * * *
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/10-12) (from Ch. 85, par. 5412)
13 Section 2-60. Investment in bonds. Sec. 10-12. The
14 State and all counties, cities, villages, incorporated towns
15 and other municipal corporations, political subdivisions and
16 public bodies, and public officers of any thereof;, all
17 banks, bankers, trust companies, savings banks and
18 institutions, building and loan associations, savings and
19 loan associations, investment companies and other persons
20 carrying on an insurance business; and all executors,
21 administrators, guardians, trustees and other fiduciaries may
22 legally invest any sinking funds, moneys or other funds
23 belonging to them or within their control in any bonds issued
24 pursuant to this Article Act, it being the purpose of this
25 Section to authorize the investment in such bonds of all
26 sinking, insurance, retirement, compensation, pension and
27 trust funds, whether owned or controlled by private or public
28 persons or officers; provided, however, that nothing
29 contained in this Section may be construed as relieving any
30 person from any duty of exercising reasonable care in
31 selecting securities for investment.
-978- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/10-13) (from Ch. 85, par. 5413)
3 Section 185-30. Bonds other than revenue bonds;
4 election. Sec. 10-13. * * * (nonstandard provisions contained
5 in Section 185-30) * * *
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/10-14) (from Ch. 85, par. 5414)
8 Section 185-35. Tax. Sec. 10-14. * * * (nonstandard
9 provisions contained in Section 185-35) * * *
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/10-15) (from Ch. 85, par. 5415)
12 Section 2-76. Board members; financial matters;
13 compensation for secretary or treasurer; conflict of
14 interest. Sec. 10-15. * * * (nonstandard provisions contained
15 in Section 185-40) * * * The members of the Board They shall
16 serve without compensation, but shall be reimbursed for
17 actual expenses incurred by them in the performance of their
18 duties. However, any member of the Board who is appointed to
19 the office of secretary or treasurer may receive compensation
20 for his or her services as such officer.
21 No member of the Board or employee of the Authority shall
22 have any private financial interest, profit or benefit in any
23 contract, work or business of the Authority or nor in the
24 sale or lease of any property to or from the Authority.
25 (Source: P.A. 84-245.)
26 (70 ILCS 220/10-16) (from Ch. 85, par. 5416)
27 Section 2-80. Board members' oath. Sec. 10-16. * * *
28 (nonstandard provisions contained in Section 185-45) * * *
29 Within 30 days after certification of his appointment, and
30 before entering upon the duties of his office, each member of
-979- LRB9000879DJcd
1 the Board shall take and subscribe the constitutional oath of
2 office and file it in the office of the Secretary of State.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/10-17) (from Ch. 85, par. 5417)
5 Section 2-85. Board members; vacancy in office. Sec.
6 10-17. Members of the Board shall hold office until their
7 respective successors have been appointed and qualified. Any
8 member may resign from his office; the resignation takes to
9 take effect when the member's his successor has been
10 appointed and has qualified.
11 Section 2-83. Removal of Board member from office. The
12 appointing officer may remove any member of the Board
13 appointed by the officer him, in case of incompetency,
14 neglect of duty, or malfeasance in office, after service on
15 the member him, by registered United States mail, return
16 requested, of a copy of the written charges against the
17 member him and an opportunity to be publicly heard in person
18 or by counsel in the member's his own defense upon not less
19 than 10 days' notice.
20 (Section 2-85, resumed)
21 In case of failure to qualify within the time required,
22 or of abandonment of his office, or in case of death,
23 conviction of a felony or removal from office, a member's his
24 office shall become vacant. Each vacancy shall be filled for
25 the unexpired term by appointment in like manner, as in the
26 case of expiration of the term of a member of the Board.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/10-18) (from Ch. 85, par. 5418)
29 Section 2-90. Organization of the Board. Sec. 10-18. As
30 soon as practicably possible after the appointment of the
31 initial members, the Board shall organize for the transaction
32 of business, select a chairman and a temporary secretary from
-980- LRB9000879DJcd
1 its own number, and adopt by-laws bylaws and regulations to
2 govern its proceedings. The initial chairman and his
3 successors shall be elected by the Board from time to time
4 for the term of the chairman's his office as a member of the
5 Board or for the term of 3 years, whichever is shorter.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/10-19) (from Ch. 85, par. 5419)
8 Section 2-95. Meetings; action by 5 Board members. Sec.
9 10-19. Regular meetings of the Board shall be held at least
10 once in each calendar month, the time and place of such
11 meetings to be fixed by the Board.
12 Five members of the Board shall constitute a quorum for
13 the transaction of business. All actions action of the Board
14 shall be by ordinance or resolution and the affirmative vote
15 of at least 5 members shall be necessary for the adoption of
16 any ordinance or resolution.
17 All ordinances, resolutions and all proceedings of the
18 Authority and all documents and records in its possession
19 shall be public records, and open to public inspection,
20 except such documents and records as shall be kept or
21 prepared by the Board for use in negotiations, actions or
22 proceedings to which the Authority is a party.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/10-20) (from Ch. 85, par. 5420)
25 Section 2-101. Secretary; treasurer; funds deposited in
26 bank or savings and loan association. Sec. 10-20. The Board
27 shall appoint a secretary and a treasurer, who need not be
28 members of the Board, to hold office during the pleasure of
29 the Board, and shall fix their duties and compensation.
30 Before entering upon the its duties of their respective
31 offices they shall take and subscribe the constitutional oath
32 of office, and the treasurer shall execute a bond with
-981- LRB9000879DJcd
1 corporate sureties to be approved by the Board. The bond
2 shall be payable to the Authority in whatever penal sum may
3 be directed upon the faithful performance of the duties of
4 the office and the payment of all money received by the
5 treasurer him according to law and the orders of the Board.
6 The Board may, at any time, require a new bond from the
7 treasurer in such penal sum as may then be determined by the
8 Board. The obligation of the sureties shall not extend to any
9 loss sustained by the insolvency, failure or closing of any
10 savings and loan association or national or State bank
11 wherein the treasurer has deposited funds if the bank or
12 savings and loan association has been approved by the Board
13 as a depository for those these funds. The oaths of office
14 and the treasurer's bond shall be filed in the principal
15 office of the Authority.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/10-21) (from Ch. 85, par. 5421)
18 Section 2-106. Funds; compliance with Public Funds
19 Investment Act. Sec. 10-21. All funds deposited by the
20 treasurer in any bank or savings and loan association shall
21 be placed in the name of the Authority and shall be withdrawn
22 or paid out only by check or draft upon the bank or savings
23 and loan association, signed by the treasurer and
24 countersigned by the chairman of the Board. The Board may
25 designate any of its members or any officer or employee of
26 the Authority to affix the signature of the chairman and
27 another to affix the signature of the treasurer to any check
28 or draft for payment of salaries or wages and for payment of
29 any other obligation of not more than $2,500.
30 No bank or savings and loan association shall receive
31 public funds as permitted by this Section, unless it has
32 complied with the requirements established pursuant to
33 Section 6 of the Public Funds Investment Act "An Act relating
-982- LRB9000879DJcd
1 to certain investments of public funds by public agencies",
2 approved July 23, 1943, as now or hereafter amended.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/10-22) (from Ch. 85, par. 5422)
5 Section 2-110. Signatures on checks or drafts. Sec.
6 10-22. In case any officer whose signature appears upon any
7 check or draft, issued pursuant to this Article Act, ceases
8 (after attaching his signature) to hold his office after
9 attaching his or her signature and before the delivery of the
10 check or draft thereof to the payee, that his signature
11 nevertheless shall be valid and sufficient for all purposes
12 with the same effect as if the officer he had remained in
13 office until delivery thereof.
14 (Source: P.A. 84-245.)
15 (70 ILCS 220/10-23) (from Ch. 85, par. 5423)
16 Section 2-115. General manager; other appointments. Sec.
17 10-23. The Board may appoint a general manager who shall be
18 a person of recognized ability and business experience, to
19 hold office during the pleasure of the Board. The general
20 manager shall have management of the properties and business
21 of the Authority and of the employees thereof subject to the
22 general control of the Board, shall direct the enforcement of
23 all ordinances, resolutions, rules and regulations of the
24 Board, and shall perform such other duties as may be
25 prescribed from time to time by the Board.
26 The Board may appoint a general attorney and a chief
27 engineer and shall provide for the appointment of such other
28 officers, attorneys, engineers, planners, consultants, agents
29 and employees as may be necessary. The Board It shall define
30 their duties and require bonds of such of them as the Board
31 may designate.
32 The general manager, general attorney, chief engineer,
-983- LRB9000879DJcd
1 and all other officers provided for pursuant to this Section
2 shall be exempt from taking and subscribing any oath of
3 office and shall not be members of the Board.
4 The compensation of the general manager, general
5 attorney, chief engineer, and all other officers, attorneys,
6 planners, consultants, agents and employees shall be fixed by
7 the Board.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/10-24) (from Ch. 85, par. 5424)
10 Section 2-120. Ordinance, rules, and regulations; fines
11 and penalties. Sec. 10-24. The Board shall have power to
12 pass all ordinances and make all rules and regulations proper
13 or necessary to carry into effect the powers granted to the
14 Authority, with such fines or penalties as may be deemed
15 proper. All fines and penalties shall be imposed by
16 ordinance, which shall be published in a newspaper of general
17 circulation published in the metropolitan area embraced by
18 the Authority. No such ordinance imposing a fine or penalty
19 shall take effect until 10 days after its publication.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/10-25) (from Ch. 85, par. 5425)
22 Section 2-127. Contracts; award to other than highest or
23 lowest bidder by four-fifths vote. Sec. 10-25. All contracts
24 for sale of property of the value of more than $2500, or for
25 a concession in or lease of property, including air rights,
26 of the Authority for a term of more than one year, shall be
27 awarded to the highest responsible bidder, after advertising
28 for bids. All construction contracts and contracts for
29 supplies, materials, equipment and services, when the expense
30 thereof will exceed $2500, shall be let to the lowest
31 responsible bidder, after advertising for bids, except: (1)
32 when repair parts, accessories, equipment or services are
-984- LRB9000879DJcd
1 required for equipment or services previously furnished or
2 contracted for; (2) when the nature of the services required
3 is such that competitive bidding is not in the best interest
4 of the public, including, without limiting the generality of
5 the foregoing, the services of accountants, architects,
6 attorneys, engineers, physicians, superintendents of
7 construction, and others possessing a high degree of skill;
8 and (3) when services such as water, light, heat, power,
9 telephone or telegraph are required.
10 All contracts involving less than $2500 shall be let by
11 competitive bidding to the lowest responsible bidder whenever
12 possible, and in any event in a manner calculated to ensure
13 insure the best interests of the public.
14 In determining the responsibility of any bidder, the
15 Board may take into account the past record of dealings with
16 the bidder, the bidder's experience, adequacy of equipment,
17 and ability to complete performance within the time set, and
18 other factors besides financial responsibility, but in no
19 case shall any such contract be awarded to any other than the
20 highest bidder (in case of sale, concession or lease), or the
21 lowest bidder (in case of purchase or expenditure), unless
22 authorized or approved by a vote of at least 4/5 of the
23 members of the Board, and unless such action is accompanied
24 by a statement in writing setting forth the reasons for not
25 awarding the contract to the highest or lowest bidder, as the
26 case may be, which statement shall be kept on file in the
27 principal office of the Authority and open to public
28 inspection.
29 Members of the Board, officers and employees of the
30 Authority, and their relatives within the fourth degree of
31 consanguinity by the terms of the civil law, are forbidden to
32 be interested directly or indirectly in any contract for
33 construction or maintenance work or for the delivery of
34 materials, supplies or equipment.
-985- LRB9000879DJcd
1 The Board shall have the right to reject all bids and to
2 readvertise for bids. If after any such advertisement no
3 responsible and satisfactory bid, within the terms of the
4 advertisement, shall be received, the Board may award such
5 contract, without competitive bidding, provided that it shall
6 not be less advantageous to the Authority than any valid bid
7 received pursuant to advertisement.
8 The Board shall adopt rules and regulations to carry into
9 effect the provisions of this Section.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/10-26) (from Ch. 85, par. 5426)
12 Section 2-130. Bids and advertisements. Sec. 10-26.
13 Advertisements for bids shall be published at least twice in
14 a daily newspaper of general circulation published in the
15 metropolitan area, the last publication to be at least 10
16 calendar days before the time for receiving bids, and such
17 advertisements shall also be posted on readily accessible
18 bulletin boards in the principal office of the Authority.
19 Such advertisements shall state the time and place for
20 receiving and opening of bids, and, by reference to plans and
21 specifications on file at the time of the first publication,
22 or in the advertisement itself, shall describe the character
23 of the proposed contract in sufficient detail to fully advise
24 prospective bidders of their obligations and to ensure insure
25 free and open competitive bidding.
26 All bids in response to advertisements shall be sealed
27 and shall be publicly opened by the Board, and all bidders
28 shall be entitled to be present in person or by
29 representatives. Cash or a certified or satisfactory
30 cashier's check, as a deposit of good faith, in a reasonable
31 amount to be fixed by the Board before advertising for bids,
32 shall be required with the proposal of each bidder. Bond for
33 faithful performance of the contract with surety or sureties
-986- LRB9000879DJcd
1 satisfactory to the Board and adequate insurance may be
2 required in reasonable amounts to be fixed by the Board
3 before advertising for bids.
4 The contract shall be awarded as promptly as possible
5 after the opening of bids. The bid of the successful bidder,
6 as well as the bids of the unsuccessful bidders, shall be
7 placed on file and be open to public inspection. All bids
8 shall be void if any disclosure of the terms of any bid in
9 response to an advertisement is made or permitted to be made
10 by the Board before the time fixed for opening bids.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/10-27) (from Ch. 85, par. 5427)
13 Section 2-150. Tax exemption. Sec. 10-27. All property
14 of the Oak Park Civic Center Authority shall be exempt from
15 taxation by the State or any taxing unit therein.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/10-28) (from Ch. 85, par. 5428)
18 Section 185-50. Report and financial statement. Sec.
19 10-28. * * * (nonstandard provisions contained in Section
20 185-50) * * *
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/10-29) (from Ch. 85, par. 5429)
23 Section 2-145. Antitrust laws. Sec. 10-29. The
24 Authority is hereby expressly made the beneficiary of the
25 provisions of Section 1 of the Local Government Antitrust
26 Exemption Act "An Act to make explicit the authorization for
27 units of local government and certain other governmental
28 bodies to act as permitted by statute or the Illinois
29 Constitution, notwithstanding effects on competition",
30 amendatory veto overridden November 3, 1983, and the General
31 Assembly intends that the "State action exemption" to the
-987- LRB9000879DJcd
1 application of the federal antitrust anti-trust laws be fully
2 available to the Authority to the extent its activities are
3 either (1) expressly or by necessary implication authorized
4 by this Article or other Illinois law, or (2) within
5 traditional areas of local governmental activity.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/10-30) (from Ch. 85, par. 5430)
8 Section 2-140. State financial support. Sec. 10-30. The
9 Authority created by this Article shall receive financial
10 support from the State in the amounts provided for in Section
11 4 of the Metropolitan Civic Center Support Act.
12 (Source: P.A. 84-245.)
13 PART 190. ORLAND PARK CIVIC CENTER
14 (70 ILCS 270/4-1) (from Ch. 85, par. 3701)
15 Section 190-1. Short title. * * *(nonstandard provisions
16 contained in Section 190-1)* * *
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/4-2) (from Ch. 85, par. 3702)
19 Section 2-5. Definitions. Sec. 4-2. As used In this
20 Article, unless the context otherwise requires:
21 * * *(nonstandard provisions contained in Section 190-5)*
22 * *
23 "Governmental agency" means the federal government, the
24 State of Illinois, any unit of local government or school
25 district, and any agency or instrumentality thereof.
26 "Person" means any individual, firm, partnership,
27 corporation, foreign or domestic company, association or
28 joint stock joint-stock association; and includes any
29 trustee, receiver, assignee or personal representative
30 thereof.
31 * * *(nonstandard provisions contained in Section 190-5)*
-988- LRB9000879DJcd
1 * *
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/4-3) (from Ch. 85, par. 3703)
4 Section 2-10. Lawsuits; common seal. Sec. 4-3. * *
5 *(nonstandard provisions contained in Section 190-10)* * *
6 (a) The Authority may sue and be sued in its corporate
7 own name but execution shall not in any case issue against
8 any property of the Authority.
9 (b) The Authority may adopt a common seal and change the
10 same such seal at its pleasure. * * *(nonstandard provisions
11 contained in Section 190-10)* * *
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/4-4) (from Ch. 85, par. 3704)
14 Section 2-17. Duties; auditorium and other buildings.
15 Sec. 4-4. It shall be the duty of the Authority to promote,
16 operate and maintain expositions, conventions, or theatrical,
17 sports or cultural activities from time to time in the
18 metropolitan area and in connection therewith to arrange,
19 finance and maintain industrial, cultural, educational,
20 theatrical, sports, trade or scientific exhibits and to lease
21 or construct, equip and maintain auditoriums, exposition
22 buildings or office buildings for such purposes.
23 The Authority is granted all rights and powers necessary
24 to perform such duties.
25 (Source: P.A. 83-1456.)
26 (70 ILCS 270/4-5) (from Ch. 85, par. 3705)
27 Section 2-21. Rights and powers. Sec. 4-5. The Authority
28 shall have the following rights and powers duties:
29 (a) To acquire, purchase, own, construct, lease as
30 lessee or in any other way acquire, improve, extend, repair,
31 reconstruct, regulate, operate, equip and maintain fair or
-989- LRB9000879DJcd
1 exposition grounds, convention or exhibition centers, civic
2 auditoriums, and office and municipal buildings, including
3 sites and parking areas and facilities therefor located
4 within the metropolitan area.
5 (b) To enter into contracts treating in any manner with
6 the objects and purposes of this Article Act.
7 (c) To plan for such grounds, centers and auditoriums
8 and to plan, sponsor, hold, arrange, and finance fairs,
9 industrial, cultural, educational, trade and scientific
10 exhibits, shows and events and to use or allow the use of
11 such grounds, centers and auditoriums for the holding of
12 fairs, exhibits, shows and events, whether conducted by the
13 Authority or some other person or governmental agency.
14 (d) To fix and collect just, reasonable and
15 nondiscriminatory charges and rents for the use of such
16 parking areas and facilities, grounds, centers, buildings and
17 auditoriums, and to collect admission charges to fairs,
18 shows, exhibits and events sponsored or held by the
19 Authority. The charges collected may be made available to
20 defray the reasonable expenses of the Authority and to pay
21 the principal of and the interest on any bonds issued by the
22 Authority.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/4-6) (from Ch. 85, par. 3706)
25 Section 2-25. Incurring obligations. Sec. 4-6. The
26 Authority shall not incur any obligations for salaries or for
27 office or administrative expenses except within the amounts
28 of funds that which will be available to it when such
29 obligations become payable.
30 (Source: P.A. 83-1456.)
31 (70 ILCS 270/4-6.1) (from Ch. 85, par. 3706.1)
32 Section 2-30. Prompt payment. Sec. 4-6.1. Purchases made
-990- LRB9000879DJcd
1 under pursuant to this Article Act shall be made in
2 compliance with the the "Local Government Prompt Payment
3 Act", approved by the Eighty-fourth General Assembly.
4 (Source: P.A. 84-731.)
5 (70 ILCS 270/4-7) (from Ch. 85, par. 3707)
6 Section 2-36. Acquisition of property from person or
7 governmental agency. Sec. 4-7. The Authority shall have the
8 power (i) to acquire and accept by purchase, lease, gift or
9 otherwise any property or rights from any person or
10 governmental agency useful for its purposes, (ii) and to
11 apply for and accept grants, matching grants, loans or
12 appropriations from the State of Illinois or any agency or
13 instrumentality thereof to be used for any of the purposes of
14 the Authority, and (iii) to enter into any agreement with the
15 State of Illinois in relation to such grants, matching
16 grants, loans or appropriations.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/4-8) (from Ch. 85, par. 3708)
19 Section 2-40. Federal money. Sec. 4-8. The Authority
20 shall have the power (i) to apply for and accept grants,
21 matching grants, loans or appropriations from the federal
22 government or any agency or instrumentality thereof to be
23 used for any of the purposes of the Authority, and (ii) to
24 enter into any agreement with the federal government in
25 relation to such grants, matching grants, loans or
26 appropriations.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/4-9) (from Ch. 85, par. 3709)
29 Section 2-45. Insurance. Sec. 4-9. The Authority shall
30 have the power to procure and enter into contracts for any
31 type of insurance and indemnity against loss or damage to
-991- LRB9000879DJcd
1 property from any cause, against loss of use and occupancy,
2 against employers' liability, against any act of any member,
3 officer, or employee of the Board or Authority in the
4 performance of the duties of the his office or employment,
5 and or against any other insurable risk.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/4-10) (from Ch. 85, par. 3710)
8 Section 2-51. Borrowing; revenue bonds; mandamus or
9 other actions to compel performance. Sec. 4-10. The
10 Authority shall have continuing power to borrow money for the
11 purpose of carrying out and performing its duties and
12 exercising its powers under this Article Act.
13 For the purpose of evidencing the obligation of the
14 Authority to repay any money borrowed as aforesaid, the
15 Authority may, pursuant to an ordinance adopted by the Board,
16 from time to time issue and dispose of its interest bearing
17 revenue bonds, and may also from time to time issue and
18 dispose of its interest bearing revenue bonds to refund any
19 bonds at maturity or pursuant to redemption provisions or at
20 any time before maturity with the consent of the holders
21 thereof. All such bonds shall be payable solely from the
22 revenues or income to be derived from the fairs, expositions,
23 exhibitions, rentals and leases and other authorized
24 activities operated by the Authority, and from funds, if any,
25 received and to be received by the Authority from any other
26 source. Such bonds may bear such date or dates, may mature
27 at such time or times not exceeding 40 years from their
28 respective dates, may bear interest at such rate or rates,
29 not exceeding the maximum rate permitted by the Bond
30 Authorization Act "An Act to authorize public corporations to
31 issue bonds, other evidences of indebtedness and tax
32 anticipation warrants subject to interest rate limitations
33 set forth therein", approved May 26, 1970, as amended, may be
-992- LRB9000879DJcd
1 in such form, may carry such registration privileges, may be
2 executed in such manner, may be payable at such place or
3 places, may be made subject to redemption in such manner and
4 upon such terms, with or without premium as is stated on the
5 face thereof, may be executed in such manner and may contain
6 such terms and covenants, all as may be provided in the
7 ordinance. In case any officer whose signature appears on
8 any bond ceases (after attaching his signature) to hold
9 office,; his signature shall nevertheless be valid and
10 effective for all purposes. The holder or holders of any
11 bonds, or interest coupons appertaining thereto, issued by
12 the Authority may bring mandamus, injunction, or other civil
13 actions or and proceedings to compel the performance and
14 observance by the Authority or any of its officers, agents or
15 employees of or any contract or covenant made by the
16 Authority with the holders of such bonds or interest coupons,
17 and to compel the Authority and any of its officers, agents
18 or employees to perform any duties required to be performed
19 for the benefit of the holders of any such bonds or interest
20 coupons by the provisions of the ordinance authorizing their
21 issuance, and to enjoin the Authority and any of its
22 officers, agents or employees from taking any action in
23 conflict with any such contract or covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face thereof
26 that it is non-negotiable, all such bonds shall be negotiable
27 instruments under the Uniform Commercial Code of the State of
28 Illinois.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents, and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
-993- LRB9000879DJcd
1 revenues of the Authority, to pay:
2 (a) the cost of leasing, maintaining, repairing,
3 regulating and operating the facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertakings
11 of the Authority in connection with the issuance thereof and
12 the issuance of any additional bonds payable from such
13 revenue income to be derived from the fairs, recreational,
14 theatrical or cultural expositions, sport activities,
15 exhibitions, office rentals, and air space leases and
16 rentals, and other revenue, if any, the Authority may execute
17 and deliver a trust agreement or agreements; provided that no
18 lien upon any physical property of the Authority shall be
19 created thereby.
20 A remedy for any breach or default of the terms of any
21 such trust agreement by the Authority may be by mandamus,
22 injunction, or other civil actions or and proceedings in any
23 court of competent jurisdiction to compel performance and
24 compliance therewith, but the trust agreement may prescribe
25 by whom or on whose behalf such action may be instituted.
26 Before any such bonds (excepting refunding bonds) are
27 sold, the entire authorized issue, or any part thereof, shall
28 be offered for sale as a unit after advertising for bids at
29 least 3 times in a daily newspaper of general circulation
30 published in the metropolitan area, the last publication to
31 be at least 10 days before bids are required to be filed.
32 Copies of such advertisement may be published in any
33 newspaper or financial publication in the United States. All
34 bids shall be sealed, filed and opened as provided by
-994- LRB9000879DJcd
1 ordinance and the bonds shall be awarded to the highest and
2 best bidder or bidders therefor. The Authority shall have
3 the right to reject all bids and readvertise for bids in the
4 manner provided for in the initial advertisement. However,
5 if no bids are received such bonds may be sold at not less
6 than par value, without further advertising, within 60 days
7 after the bids are required to be filed pursuant to any
8 advertisement.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/4-11) (from Ch. 85, par. 3711)
11 Section 190-15. Bonds; nature of indebtedness. Sec.
12 4-11. * * *(nonstandard provisions contained in Section
13 190-15)* * *
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/4-12) (from Ch. 85, par. 3712)
16 Section 190-20. Investment in bonds. Sec. 4-12. * *
17 *(nonstandard provisions contained in Section 190-20)* * *
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/4-13) (from Ch. 85, par. 3713)
20 Section 190-25. Bonds other than revenue bonds. Sec.
21 4-13. * * *(nonstandard provisions contained in Section
22 190-25)* * *
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/4-14) (from Ch. 85, par. 3714)
25 Section 190-30. Tax. Sec. 4-14. * * *(nonstandard
26 provisions contained in Section 190-30)* * *
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/4-15) (from Ch. 85, par. 3715)
29 Section 2-75. Board members; financial matters; conflict
-995- LRB9000879DJcd
1 of interest. Sec. 4-15. * * *(nonstandard provisions
2 contained in Section 190-35)* * * The members of the Board
3 shall serve without compensation, but shall be reimbursed for
4 actual expenses incurred by them in the performance of their
5 duties.
6 No member of the Board or employee of the Authority shall
7 have any private financial interest, profit or benefit in any
8 contract, work or business of the Authority or nor in the
9 sale or lease of any property to or from the Authority.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/4-16) (from Ch. 85, par. 3716)
12 Section 2-80. Board members' oath. Sec. 4-16. * *
13 *(nonstandard provisions contained in Section 190-40)* * *
14 Within 30 days after certification of his appointment, and
15 before entering upon the duties of his office, each member of
16 the Board shall take and subscribe the constitutional oath of
17 office and file it in the office of the Secretary of State.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/4-17) (from Ch. 85, par. 3717)
20 Section 2-85. Board members; vacancy in office. Sec.
21 4-17. Members of the Board shall hold office until their
22 respective successors have been appointed and qualified. Any
23 member may resign from his office; the resignation takes to
24 take effect when the member's his successor has been
25 appointed and has qualified.
26 Section 2-83. Removal of Board member from office. The
27 appointing officer may remove any member of the Board
28 appointed by the officer him, in case of incompetency,
29 neglect of duty, or malfeasance in office, after service on
30 the member him, by registered United States mail, return
31 receipt requested, of a copy of the written charges against
32 the member and him, and by providing him an opportunity to be
-996- LRB9000879DJcd
1 publicly heard in person or by counsel in the member's his
2 own defense upon not less than 10 days' notice.
3 (Section 2-85, resumed)
4 In case of failure to qualify within the time required,
5 or of abandonment of office, or in case of death, conviction
6 of a felony or removal from office, a member's office shall
7 become vacant. Each vacancy shall be filled for the
8 unexpired term by appointment in like manner, as in the case
9 of expiration of the term of a member of the Board.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/4-18) (from Ch. 85, par. 3718)
12 Section 2-90. Organization of the Board. Sec. 4-18. As
13 soon as practicably possible practicable after the
14 appointment of the initial members, the Board shall organize
15 for the transaction of business, select a chairman and a
16 temporary secretary from its own number, and adopt by-laws
17 and regulations to govern its proceedings. The initial
18 chairman and his successors shall be elected by the Board
19 from time to time for the term of the chairman's his office
20 as a member of the Board or for the a term of 3 years,
21 whichever is shorter.
22 (Source: P.A. 83-1456.)
23 (70 ILCS 270/4-19) (from Ch. 85, par. 3719)
24 Section 2-96. Meetings; action by 4 Board members. Sec.
25 4-19. Regular meetings of the Board shall be held at least
26 once in each calendar month, the time and place of such
27 meetings to be fixed by the Board.
28 Four members of the Board shall constitute a quorum for
29 the transaction of business. All actions action of the Board
30 shall be by ordinance or resolution and the affirmative vote
31 of at least 4 members shall be necessary for the adoption of
32 any ordinance or resolution.
-997- LRB9000879DJcd
1 All ordinances, resolutions and records of proceedings of
2 the Authority, and all documents and records in its
3 possession, shall be public records, and open to public
4 inspection, except such documents and records as shall be
5 kept or prepared by the Board for use in negotiations,
6 actions or proceedings to which the Authority is a party.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/4-20) (from Ch. 85, par. 3720)
9 Section 2-101. Secretary; treasurer; funds deposited in
10 bank or savings and loan association. Sec. 4-20. The Board
11 shall appoint a secretary and a treasurer, who need not be
12 members of the Board, to hold office during at the pleasure
13 of the Board, and shall fix their duties and compensation.
14 Before entering upon the their duties of their respective
15 offices they shall take and subscribe the constitutional oath
16 of office, and the treasurer shall execute a bond with
17 corporate sureties to be approved by the Board. The bond
18 shall be payable to the Authority in whatever penal sum may
19 be directed upon the faithful performance of the duties of
20 the office and the payment of all money received by the
21 treasurer him according to law and the orders of the Board.
22 The Board may, at any time, require a new bond from the
23 treasurer in such penal sum as may then be determined by the
24 Board. The obligation of the sureties shall not extend to
25 any loss sustained by the insolvency, failure or closing of
26 any savings and loan association or national or State bank
27 wherein the treasurer has deposited funds if the bank or
28 savings and loan association has been approved by the Board
29 as a depository for those these funds. The oaths of office
30 and the treasurer's bond shall be filed in the principal
31 office of the Authority.
32 (Source: P.A. 83-1456.)
-998- LRB9000879DJcd
1 (70 ILCS 270/4-21) (from Ch. 85, par. 3721)
2 Section 2-106. Funds; compliance with Public Funds
3 Investment Act. Sec. 4-21. All funds deposited by the
4 treasurer in any bank or savings and loan association shall
5 be placed in the name of the Authority and shall be withdrawn
6 or paid out only by check or draft upon the bank or savings
7 and loan association, signed by the treasurer and
8 countersigned by the chairman of the Board. The Board may
9 designate any of its members or any officer or employee of
10 the Authority to affix the signature of the chairman and
11 another to affix the signature of the treasurer to any check
12 or draft for payment of salaries or wages and for payment of
13 any other obligation of not more than $2,500.
14 No bank or savings and loan association shall receive
15 public funds as permitted by this Section, unless it has
16 complied with the requirements established pursuant to
17 Section 6 of the Public Funds Investment Act "An Act relating
18 to certain investments of public funds by public agencies",
19 approved July 23, 1943, as now or hereafter amended.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/4-22) (from Ch. 85, par. 3722)
22 Section 2-110. Signatures on checks or drafts. Sec.
23 4-22. In case any officer whose signature appears upon any
24 check or draft, issued pursuant to this Article Act, ceases
25 (after attaching his signature) to hold his office after
26 attaching his or her signature and before the delivery of the
27 check or draft thereof to the payee, that his signature
28 nevertheless shall be valid and sufficient for all purposes
29 with the same effect as if the officer he had remained in
30 office until delivery thereof.
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/4-23) (from Ch. 85, par. 3723)
-999- LRB9000879DJcd
1 Section 190-45. General manager; other appointments.
2 Sec. 4-23. * * *(nonstandard provisions contained in Section
3 190-45)* * *
4 (Source: P.A. 87-738.)
5 (70 ILCS 270/4-24) (from Ch. 85, par. 3724)
6 Section 2-120. Ordinances, rules, and regulations; fines
7 and penalties. Sec. 4-24. The Board shall have power to pass
8 all ordinances and make all rules and regulations proper or
9 necessary to carry into effect the powers granted to the
10 Authority, with such fines or penalties as may be deemed
11 proper. All fines and penalties shall be imposed by
12 ordinance, which shall be published in a newspaper of general
13 circulation published in the metropolitan area. No such
14 ordinance imposing a fine or penalty shall take effect until
15 10 days after its publication.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 270/4-25) (from Ch. 85, par. 3725)
18 Section 2-127. Contracts; award to other than highest or
19 lowest bidder by four-fifths vote. Sec. 4-25. All contracts
20 for sale of property of the value of more than $2500, or for
21 a concession in or lease of property, including air rights,
22 of the Authority for a term of more than one year, shall be
23 awarded to the highest responsible bidder, after advertising
24 for bids. All construction contracts and contracts for
25 supplies, materials, equipment and services, when the expense
26 thereof will exceed $2500, shall be let to the lowest
27 responsible bidder, after advertising for bids, except: (1)
28 when repair parts, accessories, equipment or services are
29 required for equipment or services previously furnished or
30 contracted for; (2) when the nature of the services required
31 is such that competitive bidding is not in the best interest
32 of the public, including, without limiting the generality of
-1000- LRB9000879DJcd
1 the foregoing, the services of accountants, architects,
2 attorneys, engineers, physicians, superintendents of
3 construction, and others possessing a high degree of skill;
4 and (3) when services such as water, light, heat, power,
5 telephone or telegraph are required.
6 All contracts involving less than $2500 shall be let by
7 competitive bidding to the lowest responsible bidder whenever
8 possible, and in any event in a manner calculated to ensure
9 insure the best interests of the public.
10 In determining the responsibility of any bidder, the
11 Board may take into account the past record of dealings with
12 the bidder, the bidder's experience, adequacy of equipment,
13 and ability to complete performance within the time set, and
14 other factors besides financial responsibility, but in no
15 case shall any such contract be awarded to any other than the
16 highest bidder (in case of sale, concession or lease), or the
17 lowest bidder (in case of purchase or expenditure), unless
18 authorized or approved by a vote of at least 4/5 of the
19 members of the Board, and unless such action is accompanied
20 by a statement in writing setting forth the reasons for not
21 awarding the contract to the highest or lowest bidder, as the
22 case may be, which statement shall be kept on file in the
23 principal office of the Authority and open to public
24 inspection.
25 Members of the Board, officers and employees of the
26 Authority, and their relatives within the fourth degree of
27 consanguinity by the terms of the civil law, are forbidden to
28 be interested directly or indirectly in any contract for
29 construction or maintenance work or for the delivery of
30 materials, supplies or equipment.
31 The Board shall have the right to reject all bids and to
32 readvertise for bids. If after any such advertisement no
33 responsible and satisfactory bid, within the terms of the
34 advertisement, shall be received, the Board may award such
-1001- LRB9000879DJcd
1 contract, without competitive bidding, provided that it shall
2 not be less advantageous to the Authority than any valid bid
3 received pursuant to advertisement.
4 The Board shall adopt rules and regulations to carry into
5 effect the provisions of this Section.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/4-26) (from Ch. 85, par. 3726)
8 Section 2-130. Bids and advertisements. Sec. 4-26.
9 Advertisements for bids shall be published at least twice in
10 a daily newspaper of general circulation published in the
11 metropolitan area, the last publication to be at least 10
12 calendar days before the time for receiving bids, and such
13 advertisements shall also be posted on readily accessible
14 bulletin boards in the principal office of the Authority.
15 Such advertisements shall state the time and place for
16 receiving and opening of bids, and, by reference to plans and
17 specifications on file at the time of the first publication,
18 or in the advertisement itself, shall describe the character
19 of the proposed contract in sufficient detail to fully advise
20 prospective bidders of their obligations and to ensure insure
21 free and open competitive bidding.
22 All bids in response to advertisements shall be sealed
23 and shall be publicly opened by the Board, and all bidders
24 shall be entitled to be present in person or by
25 representatives. Cash or a certified or satisfactory
26 cashier's check, as a deposit of good faith, in a reasonable
27 amount to be fixed by the Board before advertising for bids,
28 shall be required with the proposal of each bidder. Bond for
29 faithful performance of the contract with surety or sureties
30 satisfactory to the Board and adequate insurance may be
31 required in reasonable amounts to be fixed by the Board
32 before advertising for bids.
33 The contract shall be awarded as promptly as possible
-1002- LRB9000879DJcd
1 after the opening of bids. The bid of the successful bidder,
2 as well as the bids of the unsuccessful bidders, shall be
3 placed on file and be open to public inspection. All bids
4 shall be void if any disclosure of the terms of any bid in
5 response to an advertisement is made or permitted to be made
6 by the Board before the time fixed for opening bids.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/4-27) (from Ch. 85, par. 3727)
9 Section 190-50. Report and financial statement. Sec.
10 4-27. * * *(nonstandard provisions contained in Section
11 190-50)* * *
12 (Source: P.A. 83-1456.)
13 (70 ILCS 270/4-28) (from Ch. 85, par. 3728)
14 Section 2-150. Tax exemption. Sec. 4-28. All property of
15 the Authority shall be exempt from taxation by the State or
16 any taxing unit therein.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/4-29) (from Ch. 85, par. 3729)
19 Section 2-145. Antitrust laws. Sec. 4-29. The Authority
20 is hereby expressly made the beneficiary of the provisions of
21 Section 1 of the Local Government Antitrust Exemption Act "An
22 Act to make explicit the authorization for units of local
23 government and certain other governmental bodies to act as
24 permitted by statute or the Illinois Constitution,
25 notwithstanding effects on competition", amendatory veto
26 overridden November 3, 1983, and the General Assembly intends
27 that the "State action exemption" to the application of the
28 federal antitrust anti-trust laws be fully available to the
29 Authority to the extent its activities are either (1)
30 expressly or by necessary implication authorized by this
31 Article Act or other Illinois law, or (2) within traditional
-1003- LRB9000879DJcd
1 areas of local governmental activity.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/4-30) (from Ch. 85, par. 3730)
4 Section 2-140. State financial support. Sec. 4-30. The
5 Authority created by this Article Act shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act.
8 (Source: P.A. 83-1456.)
9 PART 195. OTTAWA CIVIC CENTER
10 (70 ILCS 325/5-1) (from Ch. 85, par. 7005-1)
11 Section 2-3. Purpose Sec. 5-1. The purpose of this
12 Article is to accomplish the aims of the State of Illinois to
13 enhance the ability of its citizens to avail themselves of
14 civic and cultural centers geographically situated throughout
15 the entire State of Illinois.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/5-2) (from Ch. 85, par. 7005-2)
18 Section 195-1. Short title Sec. 5-2. * * *(nonstandard
19 provisions contained in Section 195-1)* * *
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/5-3) (from Ch. 85, par. 7005-3)
22 Section 2-5. Definitions. Sec. 5-3. When used In this
23 Article:
24 * * *(nonstandard provisions contained in Section 195-5)*
25 * *
26 "Governmental agency" means the federal government, the
27 State, and any unit of local government or school district
28 governmental body, and any agency or instrumentality,
29 corporate or otherwise, thereof.
30 "Person" means any individual, firm, partnership,
-1004- LRB9000879DJcd
1 corporation, both domestic and foreign, company, association
2 or joint stock association; and includes any trustee,
3 receiver, assignee or personal representative thereof.
4 * * *(nonstandard provisions contained in Section 195-5)*
5 * *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/5-4) (from Ch. 85, par. 7005-4)
8 Section 2-10. Lawsuit; common seal Sec. 5-4. * *
9 *(nonstandard provisions contained in Section 195-10)* * *
10 (a) The Authority may sue and be sued in its corporate
11 name, but execution shall not in any case issue against any
12 property of the Authority.
13 (b) The Authority It may adopt a common seal and change
14 the same at its pleasure. * * *(nonstandard provisions
15 contained in Section 195-10)* * *
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/5-5) (from Ch. 85, par. 7005-5)
18 Section 2-15. Duties; auditorium, recreational, and
19 other buildings; lease of space Sec. 5-5. It shall be the
20 duty of the Authority to promote, operate and maintain
21 expositions, conventions, and theatrical, sports and cultural
22 activities from time to time in the metropolitan area and in
23 connection therewith to arrange, finance and maintain
24 industrial, cultural, educational, theatrical, sports, trade
25 and scientific exhibits and to construct, equip and maintain
26 auditorium, exposition, recreational and office buildings for
27 such purposes.
28 The provision of office space for lease and rental and
29 the lease of air space over and appurtenant to such
30 structures shall be deemed an integral function of the
31 Authority.
32 The Authority is granted all rights and powers necessary
-1005- LRB9000879DJcd
1 to perform such duties.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/5-6) (from Ch. 85, par. 7005-6)
4 Section 2-20. Rights and powers, including eminent
5 domain Sec. 5-6. The Authority shall have the following
6 rights and powers duties:
7 (a) To acquire, purchase, own, construct, lease as
8 lessee or in any other way acquire, improve, extend, repair,
9 reconstruct, regulate, operate, equip and maintain exhibition
10 centers, civic auditoriums, cultural facilities and office
11 buildings, including sites and parking areas and commercial
12 facilities therefor located within the metropolitan area;
13 (b) To plan for such grounds, centers and auditoriums
14 and to plan, sponsor, hold, arrange and finance fairs,
15 industrial, cultural, educational, trade and scientific
16 exhibits, shows and events and to use or allow the use of
17 such grounds, centers, and auditoriums for the holding of
18 fairs, exhibits, shows and events whether conducted by the
19 Authority or some other person or governmental agency;
20 (c) To exercise the right of eminent domain to acquire
21 sites for such grounds, centers, buildings and auditoriums,
22 and parking areas and facilities in the manner provided for
23 the exercise of the right of eminent domain under Article VII
24 of the Code of Civil Procedure, as now or hereafter amended;
25 (d) To fix and collect just, reasonable and
26 nondiscriminatory charges and rents for the use of such
27 parking areas and facilities, grounds, centers, buildings and
28 auditoriums and admission charges to fairs, shows, exhibits
29 and events sponsored or held by the Authority. The charges
30 collected may be made available to defray the reasonable
31 expenses of the Authority and to pay the principal of, and
32 the interest on, any bonds issued by the Authority;
33 (e) To enter into contracts treating in any manner with
-1006- LRB9000879DJcd
1 the objects and purposes of this Article.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/5-7) (from Ch. 85, par. 7005-7)
4 Section 2-25. Incurring obligations Sec. 5-7. The
5 Authority shall not incur any obligations for salaries or
6 for, office or administrative expenses except within the
7 amounts of funds that which will be available to it when such
8 obligations become payable.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/5-8) (from Ch. 85, par. 7005-8)
11 Section 2-35. Acquisition of property from person, State,
12 or local agency Sec. 5-8. The Authority shall have power (i)
13 to acquire and accept by purchase, lease, gift or otherwise
14 any property or rights useful for the Authority's purposes
15 from any person or persons, from any municipal corporation,
16 body politic, or agency of the State, or from the State
17 itself, (ii) useful for its purposes, and to apply for and
18 accept grants, matching grants, loans or appropriations from
19 the State of Illinois or any agency or instrumentality
20 thereof to be used for any of the purposes of the Authority,
21 and (iii) to enter into any agreement with the State of
22 Illinois in relation to such grants, matching grants, loans
23 or appropriations.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/5-9) (from Ch. 85, par. 7005-9)
26 Section 2-40. Federal money Sec. 5-9. The Authority
27 shall have the power (i) to apply for and accept grants,
28 matching grants, loans or appropriations from the federal
29 government or any agency or instrumentality thereof to be
30 used for any of the purposes of the Authority and (ii) to
31 enter into any agreement with the federal government in
-1007- LRB9000879DJcd
1 relation to such grants, matching grants, loans or
2 appropriations.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/5-10) (from Ch. 85, par. 7005-10)
5 Section 2-45. Insurance Sec. 5-10. The Authority shall
6 have the power to procure and enter into contracts for any
7 type of insurance and indemnity against loss or damage to
8 property from any cause, against loss of use and occupancy,
9 against employers' liability, against any act of any member,
10 officer, or employee of the Board or Authority in the
11 performance of the duties of the his or her office or
12 employment, and against or any other insurable risk.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/5-11) (from Ch. 85, par. 7005-11)
15 Section 2-50. Borrowing; revenue bonds; suits to compel
16 performance Sec. 5-11. The Authority shall have continuing
17 power to borrow money for the purpose of carrying out and
18 performing its duties and exercising its powers under this
19 Article.
20 For the purpose of evidencing the obligation of the
21 Authority to repay any money borrowed as aforesaid, the
22 Authority may, pursuant to an ordinance adopted by the Board,
23 from time to time issue and dispose of its interest bearing
24 revenue bonds, and may also from time to time issue and
25 dispose of its interest bearing revenue bonds to refund any
26 bonds at maturity or pursuant to redemption provisions or at
27 any time before maturity with the consent of the holders
28 thereof. All such bonds shall be payable solely from the
29 revenues or income to be derived from the fairs, expositions,
30 exhibitions, rentals and leases and other authorized
31 activities operated by it, and from funds, if any, received
32 and to be received by the Authority from any other source.
-1008- LRB9000879DJcd
1 Such bonds may bear such date or dates, may mature at such
2 time or times not exceeding 40 years from their respective
3 dates, may bear interest at such rate or rates, not exceeding
4 the maximum rate permitted by the Bond Authorization Act, as
5 now or hereafter amended, may be in such form, may carry such
6 registration privileges, may be executed in such manner, may
7 be payable at such place or places, may be made subject to
8 redemption in such manner and upon such terms, with or
9 without premium as is stated on the face thereof, may be
10 executed in such manner, and may contain such terms and
11 covenants, all as may be provided in said ordinance. In case
12 any officer whose signature appears on any bond ceases (after
13 attaching his or her signature) to hold office, his or her
14 signature shall nevertheless be valid and effective for all
15 purposes. The holder or holders of any bonds, or interest
16 coupons appertaining thereto issued by the Authority may
17 bring suits at law or proceedings in equity to compel the
18 performance and observance by the Authority or any of its
19 officers, agents or employees of or any contract or covenant
20 made by the Authority with the holders of such bonds or
21 interest coupons, and to compel the Authority or and any of
22 its officers, agents or employees to perform any duties
23 required to be performed for the benefit of the holders of
24 any such bonds or interest coupons by the provisions of the
25 ordinance authorizing their issuance, and to enjoin the
26 Authority and any of its officers, agents or employees from
27 taking any action in conflict with any such contract or
28 covenant.
29 Notwithstanding the form and tenor of any such bonds and
30 in the absence of any express recital on the face thereof
31 that it is non-negotiable, all such bonds shall be negotiable
32 instruments under the Uniform Commercial Code.
33 From and after the issuance of any bonds as herein
34 provided it shall be the duty of the corporate authorities of
-1009- LRB9000879DJcd
1 the Authority to fix and establish rates, charges, rents, and
2 fees for the use of facilities acquired, constructed,
3 reconstructed, extended or improved with the proceeds of the
4 sale of said bonds sufficient at all times, with other
5 revenues of the Authority, to pay:
6 (a) the cost of maintaining, repairing, regulating and
7 operating the said facilities; and
8 (b) the bonds and interest thereon as they shall become
9 due, and all sinking fund requirements and other requirements
10 provided by the ordinance authorizing the issuance of the
11 bonds or as provided by any trust agreement executed to
12 secure payment thereof.
13 To secure the payment of any or all of such bonds and for
14 the purpose of setting forth the covenants and undertakings
15 of the Authority in connection with the issuance thereof and
16 the issuance of any additional bonds payable from such
17 revenue income to be derived from the fairs, recreational,
18 theatrical, and cultural, expositions, sports activities,
19 exhibitions, office rentals, and air space leases and
20 rentals, and from other revenue, if any, the Authority may
21 execute and deliver a trust agreement or agreements; provided
22 that no lien upon any physical property of the Authority
23 shall be created thereby.
24 A remedy for any breach or default of the terms of any
25 such trust agreement by the Authority may be by mandamus
26 proceedings in any court of competent jurisdiction to compel
27 performance and compliance therewith, but the trust agreement
28 may prescribe by whom or on whose behalf such action may be
29 instituted.
30 Before any such bonds (excepting refunding bonds) are
31 sold, the entire authorized issue, or any part thereof, shall
32 be offered for sale as a unit after advertising for bids at
33 least 3 times in a daily newspaper of general circulation
34 published in the metropolitan area, the last publication to
-1010- LRB9000879DJcd
1 be at least 10 days before bids are required to be filed.
2 Copies of such advertisement may be published in any
3 newspaper or financial publication in the United States. All
4 bids shall be sealed, filed and opened as provided by
5 ordinance and the bonds shall be awarded to the highest and
6 best bidder or bidders therefor. The Authority shall have
7 the right to reject all bids and to readvertise for bids in
8 the manner provided for in the initial advertisement.
9 However, if no bids are received, such bonds may be sold at
10 not less than par value, without further advertising, within
11 60 days after the bids are required to be filed pursuant to
12 any advertisement.
13 (Source: P.A. 86-907; 86-1028.)
14 (70 ILCS 325/5-12) (from Ch. 85, par. 7005-12)
15 Section 2-55. Bonds; nature of indebtedness Sec. 5-12.
16 Under no circumstances shall any bonds issued by the
17 Authority be or become an indebtedness or obligation of the
18 State of Illinois or of any political subdivision of or
19 municipality within the State, nor shall any such bond or
20 obligation be or become an indebtedness of the Authority
21 within the purview of any constitutional limitation or
22 provision, and it shall be plainly stated on the face of each
23 such bond that it does not constitute such an indebtedness or
24 obligation but is payable solely from the revenues or income
25 as provided in this Article aforesaid.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/5-13) (from Ch. 85, par. 7005-13)
28 Section 2-60. Investment in bonds Sec. 5-13. The State
29 and all counties, cities, villages, incorporated towns and
30 other municipal corporations, political subdivisions and
31 public bodies, and public officers of any thereof;, all
32 banks, bankers, trust companies, savings banks and
-1011- LRB9000879DJcd
1 institutions, building and loan associations, savings and
2 loan associations, investment companies, and other persons
3 carrying on an insurance business; and all executors,
4 administrators, guardians, trustees and other fiduciaries may
5 legally invest any sinking funds, moneys or other funds
6 belonging to them or within their control in any bonds issued
7 pursuant to this Article, it being the purpose of this
8 Section to authorize the investment in such bonds of all
9 sinking, insurance, retirement, compensation, pension and
10 trust funds, whether owned or controlled by private or public
11 persons or officers; provided, however, that nothing
12 contained in this Section may be construed as relieving any
13 person from any duty of exercising reasonable care in
14 selecting securities for investment.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/5-14) (from Ch. 85, par. 7005-14)
17 Section 2-75. Board members; financial matters; conflict
18 of interest Sec. 5-14. * * *(nonstandard provisions contained
19 in Section 195-15)* * * The members of the Board shall serve
20 without compensation, but shall be reimbursed for actual
21 expenses incurred by them in the performance of their duties.
22 No member of the Board or employee of the Authority shall
23 have any private financial interest, profit or benefit in any
24 contract, work or business of the Authority or nor in the
25 sale or lease of any property to or from the Authority.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/5-15) (from Ch. 85, par. 7005-15)
28 Section 2-80. Board members' oath Sec. 5-15. * *
29 *(nonstandard provisions contained in Section 195-20)* * *
30 Within 30 days after certification of his or her appointment,
31 and before entering upon the duties of his or her office,
32 each member of the Board shall take and subscribe the
-1012- LRB9000879DJcd
1 constitutional oath of office and file it in the office of
2 the Secretary of State.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/5-16) (from Ch. 85, par. 7005-16)
5 Section 2-85. Board members; vacancy in office Sec. 5-16.
6 Members of the Board shall hold office until their respective
7 successors have been appointed and qualified. Any member may
8 resign from office; the resignation takes to take effect when
9 the member's his or her successor has been appointed and has
10 qualified. * * *(nonstandard provisions contained in Section
11 195-25)* * *
12 In case of failure to qualify within the time required,
13 or of abandonment of office, or in case of death, conviction
14 of a felony or removal from office, a member's office shall
15 become vacant. Each vacancy shall be filled for the
16 unexpired term by appointment in like manner, as in the case
17 of expiration of the term of a member of the Board.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/5-17) (from Ch. 85, par. 7005-17)
20 Section 2-90. Organization of the Board Sec. 5-17. As
21 soon as practicably possible after the appointment of the
22 initial members, the Board shall organize for the transaction
23 of business, select a chairman chairperson and a temporary
24 secretary from its own number, and adopt by-laws and
25 regulations to govern its proceedings. The initial chairman
26 chairperson and his or her successors shall be elected by the
27 Board from time to time for the term of the chairman's his or
28 her office as a member of the Board or for the term of 3
29 years, whichever is shorter.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/5-18) (from Ch. 85, par. 7005-18)
-1013- LRB9000879DJcd
1 Section 2-95. Meetings; action by 5 Board members Sec.
2 5-18. Regular meetings of the Board shall be held at least
3 once in each calendar month, the time and place of such
4 meetings to be fixed by the Board.
5 Five members of the Board shall constitute a quorum for
6 the transaction of business. All actions of the Board shall
7 be by ordinance or resolution and the affirmative vote of at
8 least 5 members shall be necessary for the adoption of any
9 ordinance or resolution.
10 All ordinances, resolutions and all proceedings of the
11 Authority and all documents and records in its possession
12 shall be public records, and open to public inspection,
13 except such documents and records as shall be kept or
14 prepared by the Board for use in negotiations, actions action
15 or proceedings to which the Authority is a party.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/5-19) (from Ch. 85, par. 7005-19)
18 Section 2-100. Secretary; treasurer Sec. 5-19. The Board
19 shall appoint a secretary and a treasurer, who need not be
20 members of the Board, to hold office during the pleasure of
21 the Board, and shall fix their duties and compensation.
22 Before entering upon the duties of their respective offices,
23 they shall take and subscribe the constitutional oath of
24 office, and the treasurer shall execute a bond with corporate
25 sureties to be approved by the Board. The bond shall be
26 payable to the Authority in whatever penal sum may be
27 directed upon the faithful performance of the duties of the
28 office and the payment of all money received by the treasurer
29 him or her according to law and the orders of the Board. The
30 Board may, at any time, require a new bond from the treasurer
31 in a such penal sum as may then be determined by the Board.
32 The obligation of the sureties shall not extend to any loss
33 sustained by the insolvency, failure or closing of any
-1014- LRB9000879DJcd
1 national or state bank wherein the treasurer has deposited
2 funds if the bank has been approved by the Board as a
3 depositary depository for those these funds. The oaths of
4 office and the treasurer's bond bonds shall be filed in the
5 principal office of the Authority.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/5-20) (from Ch. 85, par. 7005-20)
8 Section 2-105. Funds Sec. 5-20. All funds deposited by
9 the treasurer in any bank shall be placed in the name of the
10 Authority and shall be withdrawn or paid out only by check or
11 draft upon the bank, signed by the treasurer and
12 countersigned by the chairman chairperson of the Board. The
13 Board may designate any of its members or any officer or
14 employee of the Authority to affix the signature of the
15 chairman chairperson and another to affix the signature of
16 the treasurer to any check or draft for payment of salaries
17 or wages and for payment of any other obligation of not more
18 than $2,500.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/5-21) (from Ch. 85, par. 7005-21)
21 Section 2-110. Signatures on checks or drafts Sec. 5-21.
22 In case any officer whose signature appears upon any check or
23 draft issued pursuant to this Article Act ceases (after
24 attaching his or her signature) to hold office after
25 attaching his or her signature and before the delivery of the
26 check or draft thereof to the payee, that his or her
27 signature, nevertheless, shall be valid and sufficient for
28 all purposes with the same effect as if the officer he or she
29 had remained in office until delivery.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/5-22) (from Ch. 85, par. 7005-22)
-1015- LRB9000879DJcd
1 Section 2-115. General manager; other appointments Sec.
2 5-22. The Board may appoint a general manager who shall be a
3 person of recognized ability and business experience, to hold
4 office during the pleasure of the Board. The general manager
5 shall have management of the properties and business of the
6 Authority and of the employees thereof subject to the general
7 control of the Board, shall direct the enforcement of all
8 ordinances, resolutions, rules and regulations of the Board,
9 and shall perform such other duties as may be prescribed from
10 time to time by the Board.
11 The Board may appoint a general attorney and a chief
12 engineer and shall provide for the appointment of such other
13 officers, attorneys, engineers, planners, consultants, agents
14 and employees as may be necessary. The Board It shall define
15 their duties and require bonds of such of them as the Board
16 may designate.
17 The general manager, general attorney, chief engineer,
18 and all other officers provided for, pursuant to this
19 Section, shall be exempt from taking and subscribing any oath
20 of office and shall not be members of the Board.
21 The compensation of the general manager, general
22 attorney, chief engineer, and all other officers, attorneys,
23 planners, consultants, agents and employees shall be fixed by
24 the Board.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/5-23) (from Ch. 85, par. 7005-23)
27 Section 2-122. Rules and regulations; penalties Sec.
28 5-23. The Board shall have power to make all rules and
29 regulations, proper or necessary, to carry into effect the
30 powers granted to the Authority, with such penalties as may
31 be deemed proper.
32 (Source: P.A. 86-907.)
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1 (70 ILCS 325/5-24) (from Ch. 85, par. 7005-24)
2 Section 2-125. Contracts; award to other than highest or
3 lowest bidder by vote of 5 Board members Sec. 5-24. All
4 contracts for the sale of property of the value of more than
5 $2,500 or for a concession in or lease of property, including
6 air rights, of the Authority for a term of more than one year
7 shall be awarded to the highest responsible bidder, after
8 advertising for bids. All construction contracts and
9 contracts for supplies, materials, equipment and services,
10 when the expense thereof will exceed $2,500, shall be let to
11 the lowest responsible bidder after advertising for bids,
12 excepting (1) when repair parts, accessories, equipment or
13 services are required for equipment or services previously
14 furnished or contracted for; (2) when the nature of the
15 services required is such that competitive bidding is not in
16 the best interest of the public, including, without limiting
17 the generality of the foregoing, the services of accountants,
18 architects, attorneys, engineers, physicians, superintendents
19 of construction, and others possessing a high degree of
20 skill; and (3) when services such as water, light, heat,
21 power, telephone or telegraph are required.
22 All contracts involving less than $2,500 shall be let by
23 competitive bidding to the lowest responsible bidder whenever
24 possible, and, in any event, in a manner calculated to ensure
25 insure the best interests of the public. Competitive bidding
26 is not required for the lease of real estate or buildings
27 owned or controlled by the Authority. The Board is empowered
28 to offer such leases upon such terms as it deems advisable.
29 In determining the responsibility of any bidder, the
30 Board may take into account the past record records of
31 dealings with the bidder, the bidder's experience, adequacy
32 of equipment, and ability to complete performance within the
33 time set, and other factors besides financial responsibility,
34 but in no case shall any such contracts be awarded to any
-1017- LRB9000879DJcd
1 other than the highest bidder (in case of sale, concession or
2 lease) or the lowest bidder (in case of purchase or
3 expenditure) unless authorized or approved by a vote of at
4 least 5 members of the Board, and unless such action is
5 accompanied by a statement in writing setting forth the
6 reasons for not awarding the contract to the highest or
7 lowest bidder, as the case may be, which statement shall be
8 kept on file in the principal office of the Authority and
9 open to public inspection.
10 Members of the Board, officers and employees of the
11 Authority, and their relatives within the fourth degree of
12 consanguinity by the terms of the civil law, are forbidden to
13 be interested directly or indirectly in any contract for
14 construction or maintenance work or for the delivery of
15 materials, supplies or equipment.
16 The Board shall have the right to reject all bids and to
17 readvertise for bids. If after any such advertisement no
18 responsible and satisfactory bid, within the terms of the
19 advertisement, shall be received, the Board may award such
20 contract without competitive bidding, provided that it shall
21 not be less advantageous to the Authority than any valid bid
22 received pursuant to advertisement.
23 The Board shall adopt rules and regulations to carry into
24 effect the provisions of this Section.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/5-25) (from Ch. 85, par. 7005-25)
27 Section 2-130. Bids and advertisements Sec. 5-25.
28 Advertisements for bids shall be published at least twice in
29 a daily newspaper of general circulation published in the
30 metropolitan area, the last publication to be at least 10
31 calendar days before the time for receiving bids, and such
32 advertisements shall also be posted on readily accessible
33 bulletin boards in the principal office of the Authority.
-1018- LRB9000879DJcd
1 Such advertisements shall state the time and place for
2 receiving and opening of bids and, by reference to plans and
3 specifications on file for receiving and opening of bids and
4 by reference to plans and specifications on file at the time
5 of the first publication, or in the advertisement itself,
6 shall describe the character of the proposed contract in
7 sufficient detail to fully advise prospective bidders of
8 their obligations and to ensure insure free and open
9 competitive bidding.
10 All bids in response to advertisements shall be sealed
11 and shall be publicly opened by the Board, and all bidders
12 shall be entitled to be present in person or by
13 representatives. Cash or a certified or satisfactory
14 cashier's check, as a deposit of good faith, in a reasonable
15 amount to be fixed by the Board before advertising for bids,
16 shall be required with the proposal of each bidder. Bond for
17 faithful performance of the contract with surety or sureties
18 satisfactory to the Board and adequate insurance may be
19 required in reasonable amounts to be fixed by the Board
20 before advertising for bids.
21 The contract shall be awarded as promptly as possible
22 after the opening of bids. The bid of the successful bidder,
23 as well as the bids of the unsuccessful bidders, shall be
24 placed on file and be open to public inspection. All bids
25 shall be void if any disclosure of the terms of any bid in
26 response to an advertisement is made or permitted to be made
27 by the Board before the time fixed for opening bids.
28 Section 2-132. Bidders; civil action to compel
29 compliance. Any bidder who has submitted a bid in compliance
30 with the requirements for bidding may bring a civil action in
31 the circuit court in the county in which the metropolitan
32 area is located to compel compliance with the provisions of
33 this Article relating to the awarding of contracts by the
34 Board.
-1019- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/5-26) (from Ch. 85, par. 7005-26)
3 Section 195-30. Report and financial statement Sec. 5-26.
4 * * *(nonstandard provisions contained in Section 195-30)* *
5 *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/5-27) (from Ch. 85, par. 7005-27)
8 Section 2-140. State financial support Sec. 5-27. The
9 Authority created by this Article shall receive financial
10 support from the State in the amounts provided for in Section
11 4 of the Metropolitan Civic Center Support Act, as now or
12 hereafter amended.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/5-28) (from Ch. 85, par. 7005-28)
15 Section 2-145. Antitrust laws Sec. 5-28. The Authority
16 is hereby expressly made the beneficiary of the provisions of
17 Section 1 of the Local Government Antitrust Exemption Act "An
18 Act to make explicit the authorization for units of local
19 government and certain other governmental bodies to act as
20 permitted by statute or the Illinois Constitution,
21 notwithstanding effects on competition", amendatory veto
22 overridden November 3, 1983, as now or hereafter amended, and
23 the General Assembly intends that the "State action
24 exemption" to the application of the federal antitrust
25 anti-trust laws be fully available to the Authority to the
26 extent its activities are either (1) expressly or by
27 necessary implication authorized by this Article or other
28 Illinois law, or (2) within traditional areas of local
29 governmental activity.
30 (Source: P.A. 86-907.)
-1020- LRB9000879DJcd
1 (70 ILCS 325/5-29) (from Ch. 85, par. 7005-29)
2 Section 2-150. Tax exemption Sec. 5-29. All property of
3 the Authority shall be exempt from taxation by the State or
4 any taxing unit therein.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/5-30) (from Ch. 85, par. 7005-30)
7 Section 2-30. Prompt payment Sec. 5-30. Purchases made
8 under pursuant to this Article shall be made in compliance
9 with the Local Government Prompt Payment Act, as now or
10 hereafter amended.
11 (Source: P.A. 86-907.)
12 PART 200. PEKIN CIVIC CENTER
13 (70 ILCS 320/2-1) (from Ch. 85, par. 3201)
14 Section 200-1. Short title. Sec. 2-1. * * *(nonstandard
15 provisions contained in Section 200-1)* * *
16 (Source: P.A. 83-1528.)
17 (70 ILCS 320/2-2) (from Ch. 85, par. 3202)
18 Section 2-5. Definitions. Sec. 2-2. When used In this
19 Article Act:
20 * * *(nonstandard provisions contained in Section 200-5)*
21 * *
22 "Governmental agency" means the federal government, the
23 State, and any unit of local government or school district
24 governmental body, and any agency or instrumentality,
25 corporate or otherwise, thereof.
26 "Person" means any individual, firm, partnership,
27 corporation, both domestic and foreign, company, association
28 or joint stock association; and includes any trustee,
29 receiver, assignee or personal representative thereof.
30 * * *(nonstandard provisions contained in Section 200-5)*
31 * *
-1021- LRB9000879DJcd
1 (Source: P.A. 83-1435.)
2 (70 ILCS 320/2-3) (from Ch. 85, par. 3203)
3 Section 2-10. Lawsuits; common seal. Sec. 2-3. * *
4 *(nonstandard provisions contained in Section 200-10)* * *
5 (a) The Authority may sue and be sued in its corporate
6 name but execution shall not in any case issue against any
7 property of the Authority.
8 (b) The Authority It may adopt a common seal and change
9 the same at its pleasure. * * *(nonstandard provisions
10 contained in Section 200-10)* * *
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/2-4) (from Ch. 85, par. 3204)
13 Section 2-16. Duties; auditorium and other buildings;
14 lease of space. Sec. 2-4. It shall be the duty of the
15 Authority to promote, operate and maintain expositions,
16 conventions, and theatrical, sports and cultural activities
17 from time to time in the metropolitan area and in connection
18 therewith to arrange, finance and maintain industrial,
19 cultural, educational, theatrical, sports, and trade and
20 scientific exhibits and to construct, equip and maintain
21 auditorium, exposition and office buildings for such
22 purposes.
23 The provision of office space for rental and lease and
24 the lease of air space over and appurtenant to such
25 structures shall be deemed an integral function of the
26 Authority.
27 The Authority is granted all rights and powers necessary
28 to perform such duties.
29 (Source: P.A. 83-1435.)
30 (70 ILCS 320/2-5) (from Ch. 85, par. 3205)
31 Section 200-15. Rights and powers. Sec. 2-5. * *
-1022- LRB9000879DJcd
1 *(nonstandard provisions contained in Section 200-15)* * *
2 (Source: P.A. 83-1528.)
3 (70 ILCS 320/2-6) (from Ch. 85, par. 3206)
4 Section 2-25. Incurring obligations. Sec. 2-6. The
5 Authority shall not incur any obligations for salaries, or
6 for office or administrative expenses except within the
7 amounts of funds that which will be available to it when such
8 obligations become payable.
9 (Source: P.A. 83-1435.)
10 (70 ILCS 320/2-6.1) (from Ch. 85, par. 3206.1)
11 Section 2-30. Prompt payment. Sec. 2-6.1. Purchases
12 made under pursuant to this Article Act shall be made in
13 compliance with the Local "Local Government Prompt Payment
14 Act", approved by the Eighty-fourth General Assembly.
15 (Source: P.A. 84-731.)
16 (70 ILCS 320/2-7) (from Ch. 85, par. 3207)
17 Section 2-35. Acquisition of property from person,
18 State, or local agency. Sec. 2-7. The Authority shall have
19 power (i) to acquire and accept by purchase, lease, gift or
20 otherwise any property or rights useful for the Authority's
21 purposes from any person or persons, from any municipal
22 corporation, body politic, or agency of the State, or from
23 the State itself, (ii) useful for its purposes, and to apply
24 for and accept grants, matching grants, loans or
25 appropriations from the State of Illinois or any agency or
26 instrumentality thereof to be used for any of the purposes of
27 the Authority, and (iii) to enter into any agreement with the
28 State of Illinois in relation to such grants, matching
29 grants, loans or appropriations.
30 (Source: P.A. 83-1435.)
-1023- LRB9000879DJcd
1 (70 ILCS 320/2-8) (from Ch. 85, par. 3208)
2 Section 2-40. Federal money. Sec. 2-8. The Authority
3 shall have the power (i) to apply for and accept grants,
4 matching grants, loans or appropriations from the federal
5 government or any agency or instrumentality thereof to be
6 used for any of the purposes of the Authority and (ii) to
7 enter into any agreement with the federal government in
8 relation to such grants, matching grants, loans or
9 appropriations.
10 (Source: P.A. 83-1435.)
11 (70 ILCS 320/2-9) (from Ch. 85, par. 3209)
12 Section 2-45. Insurance. Sec. 2-9. The Authority shall
13 have the power to procure and enter into contracts for any
14 type of insurance and indemnity against loss or damage to
15 property from any cause, against loss of use and occupancy,
16 against employers' liability, against any act of any member,
17 officer, or employee of the Board or Authority in the
18 performance of the duties of the his office or employment,
19 and against or any other insurable risk.
20 (Source: P.A. 83-1435.)
21 (70 ILCS 320/2-10) (from Ch. 85, par. 3210)
22 Section 2-50. Borrowing; revenue bonds; suits to compel
23 performance. Sec. 2-10. The Authority shall have continuing
24 power to borrow money for the purpose of carrying out and
25 performing its duties and exercising its powers under this
26 Article Act.
27 For the purpose of evidencing the obligation of the
28 Authority to repay any money borrowed as aforesaid, the
29 Authority may, pursuant to an ordinance adopted by the Board,
30 from time to time issue and dispose of its interest bearing
31 revenue bonds, and may also from time to time issue and
32 dispose of its interest bearing revenue bonds to refund any
-1024- LRB9000879DJcd
1 bonds at maturity or pursuant to redemption provisions or at
2 any time before maturity with the consent of the holders
3 thereof. All such bonds shall be payable solely from the
4 revenues or income to be derived from the fairs, expositions,
5 exhibitions, rentals and leases and other authorized
6 activities operated by it, and from funds, if any, received
7 and to be received by the Authority from any other source.
8 Such bonds may bear such date or dates, may mature at such
9 time or times not exceeding 40 forty years from their
10 respective dates, may bear interest at such rate or rates,
11 not exceeding the maximum rate permitted by the Bond
12 Authorization Act "An Act to authorize public corporations to
13 issue bonds, other evidences of indebtedness and tax
14 anticipation warrants subject to interest rate limitations
15 set forth therein", approved May 26, 1970, as amended, may be
16 in such form, may carry such registration privileges, may be
17 executed in such manner, may be payable at such place or
18 places, may be made subject to redemption in such manner and
19 upon such terms, with or without premium as is stated on the
20 face thereof, may be executed in such manner, and may contain
21 such terms and covenants, all as may be provided in said
22 ordinance. In case any officer whose signature appears on any
23 bond bonds ceases (after attaching his signature) to hold
24 office, his signature shall nevertheless be valid and
25 effective for all purposes. The holder or holders of any
26 bonds, or interest coupons appertaining thereto issued by the
27 Authority may bring suits at law or proceedings in equity to
28 compel the performance and observance by the Authority or any
29 of its officers, agents or employees of or any contract or
30 covenant made by the Authority with the holders of such bonds
31 or interest coupons, and to compel the Authority or and any
32 of its officers, agents or employees to perform any duties
33 required to be performed for the benefit of the holders of
34 any such bonds or interest coupons by the provisions of the
-1025- LRB9000879DJcd
1 ordinance authorizing their issuance, and to enjoin the
2 Authority and any of its officers, agents or employees from
3 taking any action in conflict with any such contract or
4 covenant.
5 Notwithstanding the form and tenor of any such bonds and
6 in the absence of any express recital on the face thereof
7 that it is non-negotiable, all such bonds shall be negotiable
8 instruments under the Uniform Commercial Code of the State of
9 Illinois.
10 From and after the issuance of any bonds as herein
11 provided, it shall be the duty of the corporate authorities
12 of the Authority to fix and establish rates, charges, rents,
13 and fees for the use of facilities acquired, constructed,
14 reconstructed, extended or improved with the proceeds of the
15 sale of said bonds sufficient at all times, with other
16 revenues of the Authority, to pay:
17 (a) the cost of maintaining, repairing, regulating and
18 operating the said facilities; and
19 (b) the bonds and interest thereon as they shall become
20 due, and all sinking fund requirements and other requirements
21 provided by the ordinance authorizing the issuance of the
22 bonds or as provided by any trust agreement executed to
23 secure payment thereof.
24 To secure the payment of any or all of such bonds and for
25 the purpose of setting forth the covenants and undertakings
26 of the Authority in connection with the issuance thereof and
27 the issuance of any additional bonds payable from such
28 revenue income to be derived from the fairs, recreational,
29 theatrical, and cultural, expositions, sports sport
30 activities, exhibitions, office rentals, and air space leases
31 and rentals, and from other revenue, if any, the Authority
32 may execute and deliver a trust agreement or agreements;
33 provided that no lien upon any physical property of the
34 Authority shall be created thereby.
-1026- LRB9000879DJcd
1 A remedy for any breach or default of the terms of any
2 such trust agreement by the Authority may be by mandamus
3 proceedings in any court of competent jurisdiction to compel
4 performance and compliance therewith, but the trust agreement
5 may prescribe by whom or on whose behalf such action may be
6 instituted.
7 Before any such bonds (excepting refunding bonds) are
8 sold, the entire authorized issue, or any part thereof, shall
9 be offered for sale as a unit after advertising for bids at
10 least 3 three times in a daily newspaper of general
11 circulation published in the metropolitan area, the last
12 publication to be at least 10 ten days before bids are
13 required to be filed. Copies of such advertisement may be
14 published in any newspaper or financial publication in the
15 United States. All bids shall be sealed, filed and opened as
16 provided by ordinance and the bonds shall be awarded to the
17 highest and best bidder or bidders therefor. The Authority
18 shall have the right to reject all bids and to readvertise
19 for bids in the manner provided for in the initial
20 advertisement. However, if no bids are received such bonds
21 may be sold at not less than par value, without further
22 advertising, within 60 days after the bids are required to be
23 filed pursuant to any advertisement.
24 (Source: P.A. 83-1435.)
25 (70 ILCS 320/2-11) (from Ch. 85, par. 3211)
26 Section 200-20. Bonds; nature of indebtedness. Sec.
27 2-11. * * *(nonstandard provisions contained in Section
28 200-20)* * *
29 (Source: P.A. 83-1435.)
30 (70 ILCS 320/2-12) (from Ch. 85, par. 3212)
31 Section 2-60. Investment in bonds. Sec. 2-12. The State
32 and all counties, cities, villages, incorporated towns and
-1027- LRB9000879DJcd
1 other municipal corporations, political subdivisions and
2 public bodies, and public officers of any thereof;, all
3 banks, bankers, trust companies, savings banks and
4 institutions, building and loan associations, savings and
5 loan associations, investment companies and other persons
6 carrying on an insurance business; and all executors,
7 administrators, guardians, trustees and other fiduciaries may
8 legally invest any sinking funds, moneys or other funds
9 belonging to them or within their control in any bonds issued
10 pursuant to this Article Act, it being the purpose of this
11 Section to authorize the investment in such bonds of all
12 sinking, insurance, retirement, compensation, pension and
13 trust funds, whether owned or controlled by private or public
14 persons or officers; provided, however, that nothing
15 contained in this Section may be construed as relieving any
16 person from any duty of exercising reasonable care in
17 selecting securities for investment.
18 (Source: P.A. 83-1435.)
19 (70 ILCS 320/2-13) (from Ch. 85, par. 3213)
20 Section 200-25. Bonds other than revenue bonds;
21 election. Sec. 2-13. * * *(nonstandard provisions contained
22 in Section 200-25)* * *
23 (Source: P.A. 83-1435.)
24 (70 ILCS 320/2-14) (from Ch. 85, par. 3214)
25 Section 200-30. Tax. Sec. 2-14. * * *(nonstandard
26 provisions contained in Section 200-30)* * *
27 (Source: P.A. 83-1435.)
28 (70 ILCS 320/2-15) (from Ch. 85, par. 3215)
29 Section 2-76. Board members; financial matters;
30 compensation for secretary or treasurer; conflict of
31 interest. Sec. 2-15. * * *(nonstandard provisions contained
-1028- LRB9000879DJcd
1 in Section 200-35)* * * The members of the Board They shall
2 serve without compensation, but shall be reimbursed for
3 actual expenses incurred by them in the performance of their
4 duties. However, any member of the Board who is appointed to
5 the office of secretary or treasurer may receive compensation
6 for his or her services as such officer.
7 No member of the Board or employee of the Authority shall
8 have any private financial interest, profit or benefit in any
9 contract, work or business of the Authority or nor in the
10 sale or lease of any property to or from the Authority.
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/2-16) (from Ch. 85, par. 3216)
13 Section 2-80. Board members' oath. Sec. 2-16. * *
14 *(nonstandard provisions contained in Section 200-40)* * *
15 Within 30 days after certification of his appointment, and
16 before entering upon the duties of his office, each member of
17 the Board shall take and subscribe the constitutional
18 constitution oath of office and file it in the office of the
19 Secretary of State.
20 (Source: P.A. 83-1435.)
21 (70 ILCS 320/2-17) (from Ch. 85, par. 3217)
22 Section 2-85. Board members; vacancy in office. Sec.
23 2-17. Members of the Board shall hold office until their
24 respective successors have been appointed and qualified. Any
25 member may resign from his office; the resignation takes to
26 take effect when the member's his successor has been
27 appointed and has qualified.
28 Section 2-83. Removal of Board member from office. The
29 appointing officer may remove any member of the Board
30 appointed by the officer him, in case of incompetency,
31 neglect of duty, or malfeasance in office, after service on
32 the member him, by registered United States mail, return
-1029- LRB9000879DJcd
1 requested, of a copy of the written charges against the
2 member him and an opportunity to be publicly heard in person
3 or by counsel in the member's his own defense upon not less
4 than 10 days' notice.
5 (Section 2-85, resumed)
6 In case of failure to qualify within the time required,
7 or of abandonment of his office, or in case of death,
8 conviction of a felony or removal from office, a member's his
9 office shall become vacant. Each vacancy or position
10 succession shall be filled for the unexpired term by
11 appointment in like manner, as in the case of expiration of
12 the term of a member of the Board.
13 (Source: P.A. 83-1435.)
14 (70 ILCS 320/2-18) (from Ch. 85, par. 3218)
15 Section 2-90. Organization of the Board. Sec. 2-18. As
16 soon as practicably possible after the appointment of the
17 initial members, the Board shall organize for the transaction
18 of business, select a chairman and a temporary secretary from
19 its own number, and adopt by-laws and regulations to govern
20 its proceedings. The initial chairman and his successors
21 shall be elected by the Board from time to time for the term
22 of the chairman's his office as a member of the Board or for
23 the term of 3 years, whichever is shorter.
24 (Source: P.A. 83-1435.)
25 (70 ILCS 320/2-19) (from Ch. 85, par. 3219)
26 Section 200-45. Meetings; quorum; approval of ordinances
27 and resolutions by chairman; public records. Sec. 2-19. * *
28 *(nonstandard provisions contained in Section 200-45)* * *
29 (Source: P.A. 83-1435.)
30 (70 ILCS 320/2-20) (from Ch. 85, par. 3220)
31 Section 2-100. Secretary; treasurer. Sec. 2-20. The
-1030- LRB9000879DJcd
1 Board shall appoint a secretary and a treasurer, who need not
2 be members of the Board, to hold office during the pleasure
3 of the Board, and shall fix their duties and compensation.
4 Before entering upon the its duties of their respective
5 offices they shall take and subscribe the constitutional oath
6 of office, and the treasurer shall execute a bond with
7 corporate sureties to be approved by the Board. The bond
8 shall be payable to the Authority in whatever penal sum may
9 be directed upon the faithful performance of the duties of
10 the office and the payment of all money received by the
11 treasurer him according to law and the orders of the Board.
12 The Board may, at any time, require a new bond from the
13 treasurer in a such penal sum as may then be determined by
14 the Board. The obligation of the sureties shall not extend
15 to any loss sustained by the insolvency, failure or closing
16 of any national or state bank wherein the treasurer has
17 deposited funds if the bank has been approved by the Board as
18 a depositary depository for those these funds. The oaths of
19 office and the treasurer's bond shall be filed in the
20 principal office of the Authority.
21 (Source: P.A. 83-1435.)
22 (70 ILCS 320/2-21) (from Ch. 85, par. 3221)
23 Section 2-105. Funds. Sec. 2-21. All funds deposited by
24 the treasurer in any bank shall be placed in the name of the
25 Authority and shall be withdrawn or paid out only by check or
26 draft upon the bank, signed by the treasurer and
27 countersigned by the chairman of the Board. The Board may
28 designate any of its members or any officer or employee of
29 the Authority to affix the signature of the chairman and
30 another to affix the signature of the treasurer to any check
31 or draft for payment of salaries or wages and for payment of
32 any other obligation of not more than $2,500.
33 (Source: P.A. 83-1435.)
-1031- LRB9000879DJcd
1 (70 ILCS 320/2-22) (from Ch. 85, par. 3222)
2 Section 2-110. Signatures on checks or drafts. Sec.
3 2-22. In case any officer whose signature appears upon any
4 check or draft, issued pursuant to this Article Act, ceases
5 (after attaching his signature), to hold his office after
6 attaching his or her signature and before the delivery of the
7 check or draft thereof to the payee, that his signature
8 nevertheless shall be valid and sufficient for all purposes
9 with the same effect as if the officer he had remained in
10 office until delivery thereof.
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/2-23) (from Ch. 85, par. 3223)
13 Section 2-115. General manager; other appointments. Sec.
14 2-23. The Board may appoint a general manager who shall be a
15 person of recognized ability and business experience, to hold
16 office during the pleasure of the Board. The general manager
17 shall have management of the properties and business of the
18 Authority and of the employees thereof subject to the general
19 control of the Board, shall direct the enforcement of all
20 ordinances, resolutions, rules and regulations of the Board,
21 and shall perform such other duties as may be prescribed from
22 time to time by the Board.
23 The Board may appoint a general attorney and a chief
24 engineer and shall provide for the appointment of such other
25 officers, attorneys, engineers, planners, consultants, agents
26 and employees as may be necessary. The Board It shall define
27 their duties and require bonds of such of them as the Board
28 may designate.
29 The general manager, general attorney, chief engineer,
30 and all other officers provided for pursuant to this Section
31 shall be exempt from taking and subscribing any oath of
32 office and shall not be members of the Board.
33 The compensation of the general manager, general
-1032- LRB9000879DJcd
1 attorney, chief engineer, and all other officers, attorneys,
2 planners, consultants, agents and employees shall be fixed by
3 the Board.
4 (Source: P.A. 83-1435.)
5 (70 ILCS 320/2-24) (from Ch. 85, par. 3224)
6 Section 2-120. Ordinances, rules, and regulations; fines
7 and penalties. Sec. 2-24. The Board shall have power to pass
8 all ordinances and make all rules and regulations proper or
9 necessary to carry into effect the powers granted to the
10 Authority, with such fines or penalties as may be deemed
11 proper. All fines and penalties shall be imposed by
12 ordinance, which shall be published in a newspaper of general
13 circulation published in the metropolitan area embraced by
14 the Authority. No such ordinance imposing a fine or penalty
15 shall take effect until 10 ten days after its publication.
16 (Source: P.A. 83-1435.)
17 (70 ILCS 320/2-25) (from Ch. 85, par. 3225)
18 Section 200-50. Contracts. Sec. 2-25. * * *(nonstandard
19 provisions contained in Section 200-50)* * *
20 (Source: P.A. 83-1435.)
21 (70 ILCS 320/2-26) (from Ch. 85, par. 3226)
22 Section 2-130. Bids and advertisements. Sec. 2-26.
23 Advertisements for bids shall be published at least twice in
24 a daily newspaper of general circulation published in the
25 metropolitan area, the last publication to be at least 10 ten
26 calendar days before the time for receiving bids, and such
27 advertisements shall also be posted on readily accessible
28 bulletin boards in the principal office of the Authority.
29 Such advertisements shall state the time and place for
30 receiving and opening of bids, and, by reference to plans and
31 specifications on file at the time of the first publication,
-1033- LRB9000879DJcd
1 or in the advertisement itself, shall describe the character
2 of the proposed contract in sufficient detail to fully advise
3 prospective bidders of their obligations and to ensure insure
4 free and open competitive bidding.
5 All bids in response to advertisements shall be sealed
6 and shall be publicly opened by the Board, and all bidders
7 shall be entitled to be present in person or by
8 representatives. Cash or a certified or satisfactory
9 cashier's check, as a deposit of good faith, in a reasonable
10 amount to be fixed by the Board before advertising for bids,
11 shall be required with the proposal of each bidder. Bond for
12 faithful performance of the contract with surety or sureties
13 satisfactory to the Board and adequate insurance may be
14 required in reasonable amounts to be fixed by the Board
15 before advertising for bids.
16 The contract shall be awarded as promptly as possible
17 after the opening of bids. The bid of the successful bidder,
18 as well as the bids of the unsuccessful bidders, shall be
19 placed on file and be open to public inspection. All bids
20 shall be void if any disclosure of the terms of any bid in
21 response to an advertisement is made or permitted to be made
22 by the Board before the time fixed for opening bids.
23 * * *(nonstandard provisions contained in Section
24 200-55)* * *
25 (Source: P.A. 83-1435.)
26 (70 ILCS 320/2-27) (from Ch. 85, par. 3227)
27 Section 200-60. Report and financial statement. Sec.
28 2-27. * * *(nonstandard provisions contained in Section
29 200-60)* * *
30 (Source: P.A. 83-1435.)
31 (70 ILCS 320/2-28) (from Ch. 85, par. 3228)
32 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
-1034- LRB9000879DJcd
1 is hereby expressly made the beneficiary of the provisions of
2 Section 1 of the Local Government Antitrust Exemption Act "An
3 Act to make explicit the authorization for units of local
4 government and certain other governmental bodies to act as
5 permitted by statute or the Illinois Constitution,
6 notwithstanding effect on competition", amendatory veto
7 overridden November 3, 1983, and the General Assembly intends
8 that the "State action exemption" to the application of the
9 federal antitrust anti-trust laws be fully available to the
10 Authority to the extent its activities are either (1)
11 expressly or by necessary implication authorized by this
12 Article Act or other Illinois law, or (2) within traditional
13 areas of local governmental activity.
14 (Source: P.A. 83-1435.)
15 (70 ILCS 320/2-29) (from Ch. 85, par. 3229)
16 Section 2-150. Tax Exemption. Sec. 2-29. All property
17 of the Pekin Civic Center Authority shall be exempt from
18 taxation by the State or any taxing unit therein.
19 (Source: P.A. 83-1435.)
20 (70 ILCS 320/2-30) (from Ch. 85, par. 3230)
21 Section 2-140. State financial support. Sec. 2-30. The
22 Authority created by this Article Act shall receive financial
23 support from the State in the amounts provided for in Section
24 4 of the Metropolitan Civic Center Support Act.
25 (Source: P.A. 83-1435.)
26 PART 205. PEORIA CIVIC CENTER
27 (70 ILCS 315/1) (from Ch. 85, par. 1441)
28 Section 205-1. Sec. 1. Short Title and Citation. * * *
29 (nonstandard provisions contained in Section 205-1) * * *
30 (Source: P.A. 78-948.)
-1035- LRB9000879DJcd
1 (70 ILCS 315/2) (from Ch. 85, par. 1442)
2 Section 2-5. Sec. 2. Definitions. When used In this
3 Article Act:
4 * * * (nonstandard provisions contained in Section 205-5)
5 * * *
6 "Governmental agency" means the federal government, the
7 State, and any unit of local government or school district
8 governmental body, and any agency or instrumentality,
9 corporate or otherwise, thereof.
10 "Person" means any individual, firm, partnership,
11 corporation, both domestic and foreign, company, association
12 or joint stock joint-stock association; and includes any
13 trustee, receiver, assignee or personal representative
14 thereof.
15 * * * (nonstandard provisions contained in Section 205-5)
16 * * *
17 (Source: P.A. 78-948.)
18 (70 ILCS 315/3) (from Ch. 85, par. 1443)
19 Section 2-10. Lawsuits; common seal. Sec. 3. Creation-
20 Political Entity, etc. * * * (nonstandard provisions
21 contained in Section 205-10) * * *
22 (a) The Authority may sue and be sued in its corporate
23 name but execution shall not in any case issue against any
24 property of the Authority.
25 (b) The Authority It may adopt a common seal and change
26 the same at its pleasure. * * * (nonstandard provisions
27 contained in Section 205-10) * * *
28 (Source: P.A. 78-948.)
29 (70 ILCS 315/4) (from Ch. 85, par. 1444)
30 Section 205-15. Sec. 4. Rights and Powers. * * *
31 (nonstandard provisions contained in Section 205-15) * * *
32 (Source: P.A. 82-783.)
-1036- LRB9000879DJcd
1 (70 ILCS 315/5) (from Ch. 85, par. 1445)
2 Section 205-20. Sec. 5. Power to acquire property. * * *
3 (nonstandard provisions contained in Section 205-20) * * *
4 (Source: P.A. 78-948.)
5 (70 ILCS 315/6) (from Ch. 85, par. 1446)
6 Section 205-25. Sec. 6. Grants, etc. from federal
7 government. * * * (nonstandard provisions contained in
8 Section 205-25) * * *
9 (Source: P.A. 78-948.)
10 (70 ILCS 315/7) (from Ch. 85, par. 1447)
11 Section 2-45. Sec. 7. Insurance. The Authority shall have
12 the power to procure and enter into contracts for any type of
13 insurance and indemnity against loss or damage to property
14 from any cause, against loss of use and occupancy, against
15 employers' liability, against any act of any member, officer,
16 or employee of the Board or of the Authority in the
17 performance of the duties of the his office or employment,
18 and against or any other insurable risk.
19 (Source: P.A. 78-948.)
20 (70 ILCS 315/8) (from Ch. 85, par. 1448)
21 Section 205-30. Sec. 8. Levy of Taxes. * * * (nonstandard
22 provisions contained in Section 205-30) * * *
23 (Source: P.A. 81-1489.)
24 (70 ILCS 315/9) (from Ch. 85, par. 1449)
25 Section 205-35. Sec. 9. Borrowing money; revenue bonds;
26 nature of indebtedness; investment in bonds. * * *
27 (nonstandard provisions contained in Section 205-35) * * *
28 (Source: P.A. 86-4.)
29 (70 ILCS 315/10) (from Ch. 85, par. 1450)
-1037- LRB9000879DJcd
1 Section 205-40. Sec. 10. Borrowing Money Bonds other than
2 revenue bonds; election; tax. * * * (nonstandard provisions
3 contained in Section 205-40) * * *
4 (Source: P.A. 86-4.)
5 (70 ILCS 315/11) (from Ch. 85, par. 1451)
6 Section 205-45. Sec. 11. Board of Commissioners. * * *
7 (nonstandard provisions contained in Section 205-45) * * *
8 (Source: P.A. 78-948.)
9 (70 ILCS 315/12) (from Ch. 85, par. 1452)
10 Section 205-50. Sec. 12. Oath and qualification. * * *
11 (nonstandard provisions contained in Section 205-50) * * *
12 (Source: P.A. 78-948.)
13 (70 ILCS 315/13) (from Ch. 85, par. 1453)
14 Section 205-55. Sec. 13. Meetings; selection of chairman,
15 secretary, and treasurer Notices. * * * (nonstandard
16 provisions contained in Section 205-55) * * *
17 (Source: P.A. 78-948.)
18 (70 ILCS 315/14) (from Ch. 85, par. 1454)
19 Section 205-60. Sec. 14. Quorum; records. * * *
20 (nonstandard provisions contained in Section 205-60) * * *
21 (Source: P.A. 78-948.)
22 (70 ILCS 315/15) (from Ch. 85, par. 1455)
23 Section 205-65. Sec. 15. Treasurer; deposit of funds. * *
24 * (nonstandard provisions contained in Section 205-65) * * *
25 (Source: P.A. 83-541.)
26 (70 ILCS 315/16) (from Ch. 85, par. 1456)
27 Section 205-70. Sec. 16. Contracts. * * * (nonstandard
28 provisions contained in Section 205-70) * * *
-1038- LRB9000879DJcd
1 (Source: P.A. 78-948.)
2 (70 ILCS 315/17) (from Ch. 85, par. 1457)
3 Section 205-75. Sec. 17. Bidding; advertisement. * * *
4 (nonstandard provisions contained in Section 205-75) * * *
5 (Source: P.A. 83-343.)
6 (70 ILCS 315/18) (from Ch. 85, par. 1458)
7 Section 2-150. Tax Sec. 18. exemption from Taxation. All
8 property of the Peoria Civic Center Authority shall be exempt
9 from taxation by the State or any taxing unit therein.
10 (Source: P.A. 78-948.)
11 (70 ILCS 315/19) (from Ch. 85, par. 1459)
12 Section 205-80. Sec. 19. Dissolution of Authority. * * *
13 (nonstandard provisions contained in Section 205-80) * * *
14 (Source: P.A. 83-358.)
15 (70 ILCS 315/20) (from Ch. 85, par. 1460)
16 Section 205-85. Sec. 20. Annual report and financial
17 statement. * * * (nonstandard provisions contained in Section
18 205-85) * * *
19 (Source: P.A. 78-948.)
20 (70 ILCS 315/21) (from Ch. 85, par. 1461)
21 Section 205-90. Sec. 21. Ordinary and necessary expenses;
22 tax anticipation warrants. * * * (nonstandard provisions
23 contained in Section 205-90) * * *
24 (Source: P.A. 78-948.)
25 (70 ILCS 315/22) (from Ch. 85, par. 1462)
26 Section 205-95. Sec. 22. Warrants in anticipation of
27 taxes; form and terms. * * * (nonstandard provisions
28 contained in Section 205-95) * * *
-1039- LRB9000879DJcd
1 (Source: P.A. 86-4.)
2 (70 ILCS 315/22.1) (from Ch. 85, par. 1462.1)
3 Section 2-145. Antitrust laws. Sec. 22.1. The Authority
4 is hereby expressly made the beneficiary of the provisions of
5 Section 1 of the Local Government Antitrust Exemption Act "An
6 Act to make explicit the authorization for units of local
7 government and certain other governmental bodies to act as
8 permitted by statute or the Illinois Constitution,
9 notwithstanding effects on competition", amendatory veto
10 overridden November 3, 1983, and the General Assembly intends
11 that the "State action exemption" to the application of the
12 federal antitrust anti-trust laws be fully available to the
13 Authority to the extent its activities are either (1)
14 expressly or by necessary implication authorized by this
15 Article Act or other Illinois law, or (2) within traditional
16 areas of local governmental activity.
17 (Source: P.A. 83-1456.)
18 (70 ILCS 315/22.2) (from Ch. 85, par. 1462.2)
19 Section 2-140. State financial support. Sec. 22.2. The
20 Authority created by this Article Act shall receive financial
21 support from the State in the amounts provided for in Section
22 4 of the Metropolitan Civic Center Support Act.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 315/23) (from Ch. 85, par. 1463)
25 Section 205-100. Sec. 23. Partial invalidity. * * *
26 (nonstandard provisions contained in Section 205-100) * * *
27 (Source: P.A. 78-948.)
28 PART 210. PONTIAC CIVIC CENTER
29 (70 ILCS 325/8-1) (from Ch. 85, par. 7008-1)
30 Section 2-3. Purpose. Sec. 8-1. The purpose of this
-1040- LRB9000879DJcd
1 Article Act is to accomplish the aims of the State of
2 Illinois to enhance the ability of its citizens to avail
3 themselves of civic and cultural centers geographically
4 situated throughout the entire State of Illinois.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/8-2) (from Ch. 85, par. 7008-2)
7 Section 210-1. Short title. Sec. 8-2.* * *(nonstandard
8 provisions contained in Section 210-1) * * *
9 (Source: P.A. 86-907; 86-1028.)
10 (70 ILCS 325/8-3) (from Ch. 85, par. 7008-3)
11 Section 2-5. Definitions. Sec. 8-3. When used In this
12 Article:
13 * * * (nonstandard provisions contained in Section 210-5)
14 * * *
15 "Governmental agency" means the federal government, the
16 State, and any unit of local government or school district
17 governmental body, and any agency or instrumentality,
18 corporate or otherwise, thereof.
19 "Person" means any individual, firm, partnership,
20 corporation, both domestic and foreign, company, association
21 or joint stock association; and includes any trustee,
22 receiver, assignee or personal representative thereof.
23 * * * (nonstandard provisions contained in Section 210-5)
24 * * *
25 (Source: P.A. 86-907; 86-1028.)
26 (70 ILCS 325/8-4) (from Ch. 85, par. 7008-4)
27 Section 2-10. Lawsuits; common seal. Sec. 8-4. * * *
28 (nonstandard provisions contained in Section 210-10) * * *
29 (a) The Authority may sue and be sued in its corporate
30 name, but execution shall not in any case issue against any
31 property of the Authority.
-1041- LRB9000879DJcd
1 (b) The Authority It may adopt a common seal and change
2 the same at its pleasure. * * * (nonstandard provisions
3 contained in Section 210-10) * * *
4 (Source: P.A. 86-907.)
5 (70 ILCS 325/8-5) (from Ch. 85, par. 7008-5)
6 Section 2-15. Duties; auditorium, recreational, and
7 other buildings; lease of space. Sec. 8-5. It shall be the
8 duty of the Authority to promote, operate and maintain
9 expositions, conventions, and theatrical, sports and cultural
10 activities from time to time in the metropolitan area and in
11 connection therewith to arrange, finance and maintain
12 industrial, cultural, educational, theatrical, sports, trade
13 and scientific exhibits and to construct, equip and maintain
14 auditorium, exposition, recreational and office buildings for
15 such purposes.
16 The provision of office space for lease and rental and
17 the lease of air space over and appurtenant to such
18 structures shall be deemed an integral function of the
19 Authority.
20 The Authority is granted all rights and powers necessary
21 to perform such duties.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/8-6) (from Ch. 85, par. 7008-6)
24 Section 2-20. Rights and powers, including eminent
25 domain. Sec. 8-6. The Authority shall have the following
26 rights and powers duties:
27 (a) To acquire, purchase, own, construct, lease as
28 lessee or in any other way acquire, improve, extend, repair,
29 reconstruct, regulate, operate, equip and maintain exhibition
30 centers, civic auditoriums, cultural facilities and office
31 buildings, including sites and parking areas and commercial
32 facilities therefor located within the metropolitan area;.
-1042- LRB9000879DJcd
1 (b) To plan for such grounds, centers and auditoriums
2 and to plan, sponsor, hold, arrange and finance fairs,
3 industrial, cultural, educational, trade and scientific
4 exhibits, shows and events and to use or allow the use of
5 such grounds, centers, and auditoriums for the holding of
6 fairs, exhibits, shows and events whether conducted by the
7 Authority or some other person or governmental agency;.
8 (c) To exercise the right of eminent domain to acquire
9 sites for such grounds, centers, buildings and auditoriums,
10 and parking areas and facilities in the manner provided for
11 the exercise of the right of eminent domain under Article VII
12 of the Code of Civil Procedure, as now or hereafter amended;.
13 (d) To fix and collect just, reasonable and
14 nondiscriminatory charges and rents for the use of such
15 parking areas and facilities, grounds, centers, buildings and
16 auditoriums and admission charges to fairs, shows, exhibits
17 and events sponsored or held by the Authority. The charges
18 collected may be made available to defray the reasonable
19 expenses of the Authority and to pay the principal of, and
20 the interest on, any bonds issued by the Authority;.
21 (e) To enter into contracts treating in any manner with
22 the objects and purposes of this Article Act.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/8-7) (from Ch. 85, par. 7008-7)
25 Section 2-25. Incurring obligations. Sec. 8-7. The
26 Authority shall not incur any obligations for salaries, or
27 for office or administrative expenses except within the
28 amounts of funds that which will be available to it when such
29 obligations become payable.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/8-8) (from Ch. 85, par. 7008-8)
32 Section 2-35. Acquisition of property from person, State,
-1043- LRB9000879DJcd
1 or local agency. Sec. 8-8. The Authority shall have power
2 (i) to acquire and accept by purchase, lease, gift or
3 otherwise any property or rights useful for the Authority's
4 purposes from any person or persons, from any municipal
5 corporation, body politic, or agency of the State, or from
6 the State itself, useful for its purposes, and (ii) to apply
7 for and accept grants, matching grants, loans or
8 appropriations from the State of Illinois or any agency or
9 instrumentality thereof to be used for any of the purposes of
10 the Authority, and (iii) to enter into any agreement with the
11 State of Illinois in relation to such grants, matching
12 grants, loans or appropriations.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/8-9) (from Ch. 85, par. 7008-9)
15 Section 2-40. Federal money. Sec. 8-9. The Authority
16 shall have the power (i) to apply for and accept grants,
17 matching grants, loans or appropriations from the federal
18 government or any agency or instrumentality thereof to be
19 used for any of the purposes of the Authority and (ii) to
20 enter into any agreement with the federal government in
21 relation to such grants, matching grants, loans or
22 appropriations.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/8-10) (from Ch. 85, par. 7008-10)
25 Section 2-45. Insurance. Sec. 8-10. The Authority shall
26 have the power to procure and enter into contracts for any
27 type of insurance and indemnity against loss or damage to
28 property from any cause, against loss of use and occupancy,
29 against employers' liability, against any act of any member,
30 officer, or employee of the Board or Authority in the
31 performance of the duties of the his office or employment,
32 and against or any other insurable risk.
-1044- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/8-11) (from Ch. 85, par. 7008-11)
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance. Sec. 8-11. The Authority shall have continuing
5 power to borrow money for the purpose of carrying out and
6 performing its duties and exercising its powers under this
7 Article Act.
8 For the purpose of evidencing the obligation of the
9 Authority to repay any money borrowed as aforesaid, the
10 Authority may, pursuant to an ordinance adopted by the Board,
11 from time to time issue and dispose of its interest bearing
12 revenue bonds, and may also from time to time issue and
13 dispose of its interest bearing revenue bonds to refund any
14 bonds at maturity or pursuant to redemption provisions or at
15 any time before maturity with the consent of the holders
16 thereof. All such bonds shall be payable solely from the
17 revenues or income to be derived from the fairs, expositions,
18 exhibitions, rentals and leases and other authorized
19 activities operated by it, and from funds, if any, received
20 and to be received by the Authority from any other source.
21 Such bonds may bear such date or dates, may mature at such
22 time or times not exceeding 40 years from their respective
23 dates, may bear interest at such rate or rates, not exceeding
24 the maximum rate permitted by the Bond Authorization Act, as
25 now or hereafter amended, may be in such form, may carry
26 such registration privileges, may be executed in such manner,
27 may be payable at such place or places, may be made subject
28 to redemption in such manner and upon such terms, with or
29 without premium as is stated on the face thereof, may be
30 executed in such manner, and may contain such terms and
31 covenants, all as may be provided in said ordinance. In case
32 any officer whose signature appears on any bond ceases (after
33 attaching his signature) to hold office, his signature shall
-1045- LRB9000879DJcd
1 nevertheless be valid and effective for all purposes. The
2 holder or holders of any bonds, or interest coupons
3 appertaining thereto issued by the Authority may bring suits
4 at law or proceedings in equity to compel the performance and
5 observance by the Authority or any of its officers, agents or
6 employees of or any contract or covenant made by the
7 Authority with the holders of such bonds or interest coupons,
8 and to compel the Authority or and any of its officers,
9 agents or employees to perform any duties required to be
10 performed for the benefit of the holders of any such bonds or
11 interest coupons by the provisions of the ordinance
12 authorizing their issuance, and to enjoin the Authority and
13 any of its officers, agents or employees from taking any
14 action in conflict with any such contract or covenant.
15 Notwithstanding the form and tenor of any such bonds and
16 in the absence of any express recital on the face thereof
17 that it is non-negotiable, all such bonds shall be negotiable
18 instruments under the Uniform Commercial Code, as now or
19 hereafter amended.
20 From and after the issuance of any bonds as herein
21 provided it shall be the duty of the corporate authorities of
22 the Authority to fix and establish rates, charges, rents, and
23 fees for the use of facilities acquired, constructed,
24 reconstructed, extended or improved with the proceeds of the
25 sale of said bonds sufficient at all times, with other
26 revenues of the Authority, to pay:
27 (a) the cost of maintaining, repairing, regulating and
28 operating the said facilities; and
29 (b) the bonds and interest thereon as they shall become
30 due, and all sinking fund requirements and other requirements
31 provided by the ordinance authorizing the issuance of the
32 bonds or as provided by any trust agreement executed to
33 secure payment thereof.
34 To secure the payment of any or all of such bonds and for
-1046- LRB9000879DJcd
1 the purpose of setting forth the covenants and undertakings
2 of the Authority in connection with the issuance thereof and
3 the issuance of any additional bonds payable from such
4 revenue income to be derived from the fairs, recreational,
5 theatrical, and cultural, expositions, sports activities,
6 exhibitions, office rentals, and air space leases and
7 rentals, and from other revenue, if any, the Authority may
8 execute and deliver a trust agreement or agreements; provided
9 that no lien upon any physical property of the Authority
10 shall be created thereby.
11 A remedy for any breach or default of the terms of any
12 such trust agreement by the Authority may be by mandamus
13 proceedings in any court of competent jurisdiction to compel
14 performance and compliance therewith, but the trust agreement
15 may prescribe by whom or on whose behalf such action may be
16 instituted.
17 Before any such bonds (excepting refunding bonds) are
18 sold, the entire authorized issue, or any part thereof, shall
19 be offered for sale as a unit after advertising for bids at
20 least 3 times in a daily newspaper of general circulation
21 published in the metropolitan area, the last publication to
22 be at least 10 days before bids are required to be filed.
23 Copies of such advertisement may be published in any
24 newspaper or financial publication in the United States. All
25 bids shall be sealed, filed and opened as provided by
26 ordinance and the bonds shall be awarded to the highest and
27 best bidder or bidders therefor. The Authority shall have
28 the right to reject all bids and to readvertise for bids in
29 the manner provided for in the initial advertisement.
30 However, if no bids are received, such bonds may be sold at
31 not less than par value, without further advertising, within
32 60 days after the bids are required to be filed pursuant to
33 any advertisement.
34 (Source: P.A. 86-907; 86-1028.)
-1047- LRB9000879DJcd
1 (70 ILCS 325/8-12) (from Ch. 85, par. 7008-12)
2 Section 2-55. Bonds; nature of indebtedness. Sec. 8-12.
3 Under no circumstances shall any bonds issued by the
4 Authority be or become an indebtedness or obligation of the
5 State of Illinois or of any political subdivision of or
6 municipality within the State, nor shall any such bond or
7 obligation be or become an indebtedness of the Authority
8 within the purview of any constitutional limitation or
9 provision, and it shall be plainly stated on the face of each
10 such bond that it does not constitute such an indebtedness or
11 obligation but is payable solely from the revenues or income
12 as provided in this Article aforesaid.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/8-13) (from Ch. 85, par. 7008-13)
15 Section 2-60. Investment in bonds. Sec. 8-13. The State
16 and all counties, cities, villages, incorporated towns and
17 other municipal corporations, political subdivisions and
18 public bodies, and public officers of any thereof;, all
19 banks, bankers, trust companies, savings banks and
20 institutions, building and loan associations, savings and
21 loan associations, investment companies, and other persons
22 carrying on an insurance business; and all executors,
23 administrators, guardians, trustees and other fiduciaries may
24 legally invest any sinking funds, moneys or other funds
25 belonging to them or within their control in any bonds issued
26 pursuant to this Article Act, it being the purpose of this
27 Section to authorize the investment in such bonds of all
28 sinking, insurance, retirement, compensation, pension and
29 trust funds, whether owned or controlled by private or public
30 persons or officers; provided, however, that nothing
31 contained in this Section may be construed as relieving any
32 person from any duty of exercising reasonable care in
33 selecting securities for investment.
-1048- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/8-14) (from Ch. 85, par. 7008-14)
3 Section 2-75. Board members; financial matters; conflict
4 of interest. Sec. 8-14.* * * (nonstandard provisions
5 contained in Section 210-15) * * * The members of the Board
6 shall serve without compensation, but shall be reimbursed for
7 actual expenses incurred by them in the performance of their
8 duties.
9 No member of the Board or employee of the Authority shall
10 have any private financial interest, profit or benefit in any
11 contract, work or business of the Authority or nor in the
12 sale or lease of any property to or from the Authority.
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/8-15) (from Ch. 85, par. 7008-15)
15 Section 210-20. Board members designated. Sec. 8-15. * *
16 * (nonstandard provisions contained in Section 210-20) * * *
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/8-16) (from Ch. 85, par. 7008-16)
19 Section 210-25. Board members; terms. Sec. 8-16.* * *
20 (nonstandard provisions contained in Section 210-25) * * *
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/8-17) (from Ch. 85, par. 7008-17)
23 Section 2-90. Organization of the Board. Sec. 8-17. As
24 soon as practicably possible after the appointment of the
25 initial members, the Board shall organize for the transaction
26 of business, select a chairman and a temporary secretary from
27 its own number, and adopt by-laws and regulations to govern
28 its proceedings. The initial chairman and his successors
29 shall be elected by the Board from time to time for the term
30 of the chairman's his office as a member of the Board or for
-1049- LRB9000879DJcd
1 the term of 3 years, whichever is shorter.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/8-18) (from Ch. 85, par. 7008-18)
4 Section 2-95. Meetings; action by 5 Board members. Sec.
5 8-18. Regular meetings of the Board shall be held at least
6 once in each calendar month, the time and place of such
7 meetings to be fixed by the Board.
8 Five members of the Board shall constitute a quorum for
9 the transaction of business. All actions of the Board shall
10 be by ordinance or resolution and the affirmative vote of at
11 least 5 members shall be necessary for the adoption of any
12 ordinance or resolution.
13 All ordinances, resolutions and all proceedings of the
14 Authority and all documents and records in its possession
15 shall be public records, and open to public inspection,
16 except such documents and records as shall be kept or
17 prepared by the Board for use in negotiations, actions action
18 or proceedings to which the Authority is a party.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/8-19) (from Ch. 85, par. 7008-19)
21 Section 2-100. Secretary; treasurer. Sec. 8-19. The
22 Board shall appoint a secretary and a treasurer, who need not
23 be members of the Board, to hold office during the pleasure
24 of the Board, and shall fix their duties and compensation.
25 Before entering upon the duties of their respective offices,
26 they shall take and subscribe the constitutional oath of
27 office, and the treasurer shall execute a bond with corporate
28 sureties to be approved by the Board. The bond shall be
29 payable to the Authority in whatever penal sum may be
30 directed upon the faithful performance of the duties of the
31 office and the payment of all money received by the treasurer
32 him according to law and the orders of the Board. The Board
-1050- LRB9000879DJcd
1 may, at any time, require a new bond from the treasurer in a
2 such penal sum as may then be determined by the Board. The
3 obligation of the sureties shall not extend to any loss
4 sustained by the insolvency, failure or closing of any
5 national or state bank wherein the treasurer has deposited
6 funds if the bank has been approved by the Board as a
7 depositary depository for those these funds. The oaths of
8 office and the treasurer's bond bonds shall be filed in the
9 principal office of the Authority.
10 (Source: P.A. 86-907.)
11 (70 ILCS 325/8-20) (from Ch. 85, par. 7008-20)
12 Section 2-105. Funds. Sec. 8-20. All funds deposited by
13 the treasurer in any bank shall be placed in the name of the
14 Authority and shall be withdrawn or paid out only by check or
15 draft upon the bank, signed by the treasurer and
16 countersigned by the chairman of the Board. The Board may
17 designate any of its members or any officer or employee of
18 the Authority to affix the signature of the chairman and
19 another to affix the signature of the treasurer to any check
20 or draft for payment of salaries or wages and for payment of
21 any other obligation of not more than $2,500.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/8-21) (from Ch. 85, par. 7008-21)
24 Section 2-110. Signatures on checks or drafts. Sec.
25 8-21. In case any officer whose signature appears upon any
26 check or draft issued pursuant to this Article Act ceases to
27 hold office (after attaching his or her signature) to hold
28 his office and before the delivery of the check or draft
29 thereof to the payee, that his signature, nevertheless,
30 shall be valid and sufficient for all purposes with the same
31 effect as if the officer he had remained in office until
32 delivery.
-1051- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/8-22) (from Ch. 85, par. 7008-22)
3 Section 2-115. General manager; other appointments. Sec.
4 8-22. The Board may appoint a general manager who shall be a
5 person of recognized ability and business experience, to hold
6 office during the pleasure of the Board. The general manager
7 shall have management of the properties and business of the
8 Authority and of the employees thereof subject to the general
9 control of the Board, shall direct the enforcement of all
10 ordinances, resolutions, rules and regulations of the Board,
11 and shall perform such other duties as may be prescribed from
12 time to time by the Board.
13 The Board may appoint a general attorney and a chief
14 engineer and shall provide for the appointment of such other
15 officers, attorneys, engineers, planners, consultants, agents
16 and employees as may be necessary. The Board It shall define
17 their duties and require bonds of such of them as the Board
18 may designate.
19 The general manager, general attorney, chief engineer,
20 and all other officers provided for, pursuant to this
21 Section, shall be exempt from taking and subscribing any
22 oath of office and shall not be members of the Board.
23 The compensation of the general manager, general
24 attorney, chief engineer, and all other officers, attorneys,
25 planners, consultants, agents and employees shall be fixed by
26 the Board.
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/8-23) (from Ch. 85, par. 7008-23)
29 Section 2-122. Rules and regulations; penalties. Sec.
30 8-23. The Board shall have power to make all rules and
31 regulations, proper or necessary, to carry into effect the
32 powers granted to the Authority, with such penalties as may
-1052- LRB9000879DJcd
1 be deemed proper.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/8-24) (from Ch. 85, par. 7008-24)
4 Section 2-125. Contracts; award to other than highest or
5 lowest bidder by vote of 5 Board members. Sec. 8-24. All
6 contracts for the sale of property of the value of more than
7 $2,500 or for a concession in or lease of property, including
8 air rights, of the Authority for a term of more than one
9 year shall be awarded to the highest responsible bidder,
10 after advertising for bids. All construction contracts and
11 contracts for supplies, materials, equipment and services,
12 when the expense thereof will exceed $2,500, shall be let to
13 the lowest responsible bidder after advertising for bids,
14 excepting (1) when repair parts, accessories, equipment or
15 services are required for equipment or services previously
16 furnished or contracted for; (2) when the nature of the
17 services required is such that competitive bidding is not in
18 the best interest of the public, including, without limiting
19 the generality of the foregoing, the services of accountants,
20 architects, attorneys, engineers, physicians, superintendents
21 of construction, and others possessing a high degree of
22 skill; and (3) when services such as water, light, heat,
23 power, telephone or telegraph are required.
24 All contracts involving less than $2,500 shall be let by
25 competitive bidding to the lowest responsible bidder whenever
26 possible, and, in any event, in a manner calculated to ensure
27 insure the best interests of the public. Competitive bidding
28 is not required for the lease of real estate or buildings
29 owned or controlled by the Authority. The Board is empowered
30 to offer such leases upon such terms as it deems advisable.
31 In determining the responsibility of any bidder, the
32 Board may take into account the past record records of
33 dealings with the bidder, the bidder's experience, adequacy
-1053- LRB9000879DJcd
1 of equipment, and ability to complete performance within the
2 time set, and other factors besides financial responsibility,
3 but in no case shall any such contracts be awarded to any
4 other than the highest bidder (in case of sale, concession or
5 lease) or the lowest bidder (in case of purchase or
6 expenditure) unless authorized or approved by a vote of at
7 least 5 members of the Board, and unless such action is
8 accompanied by a statement in writing setting forth the
9 reasons for not awarding the contract to the highest or
10 lowest bidder, as the case may be, which statement shall be
11 kept on file in the principal office of the Authority and
12 open to public inspection.
13 Members of the Board, officers and employees of the
14 Authority, and their relatives within the fourth degree of
15 consanguinity by the terms of the civil law, are forbidden to
16 be interested directly or indirectly in any contract for
17 construction or maintenance work or for the delivery of
18 materials, supplies or equipment.
19 The Board shall have the right to reject all bids and to
20 readvertise for bids. If after any such advertisement no
21 responsible and satisfactory bid, within the terms of the
22 advertisement, shall be received, the Board may award such
23 contract without competitive bidding, provided that it shall
24 not be less advantageous to the Authority than any valid bid
25 received pursuant to advertisement.
26 The Board shall adopt rules and regulations to carry into
27 effect the provisions of this Section.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/8-25) (from Ch. 85, par. 7008-25)
30 Section 2-130. Bids and advertisements. Sec. 8-25.
31 Advertisements for bids shall be published at least twice in
32 a daily newspaper of general circulation published in the
33 metropolitan area, the last publication to be at least 10
-1054- LRB9000879DJcd
1 calendar days before the time for receiving bids, and such
2 advertisements shall also be posted on readily accessible
3 bulletin boards in the principal office of the Authority.
4 Such advertisements shall state the time and place for
5 receiving and opening of bids and, by reference to plans and
6 specifications on file for receiving and opening of bids and
7 by reference to plans and specifications on file at the time
8 of the first publication, or in the advertisement itself,
9 shall describe the character of the proposed contract in
10 sufficient detail to fully advise prospective bidders of
11 their obligations and to ensure insure free and open
12 competitive bidding.
13 All bids in response to advertisements shall be sealed
14 and shall be publicly opened by the Board, and all bidders
15 shall be entitled to be present in person or by
16 representatives. Cash or a certified or satisfactory
17 cashier's check, as a deposit of good faith, in a reasonable
18 amount to be fixed by the Board before advertising for bids,
19 shall be required with the proposal of each bidder. Bond for
20 faithful performance of the contract with surety or sureties
21 satisfactory to the Board and adequate insurance may be
22 required in reasonable amounts to be fixed by the Board
23 before advertising for bids.
24 The contract shall be awarded as promptly as possible
25 after the opening of bids. The bid of the successful bidder,
26 as well as the bids of the unsuccessful bidders, shall be
27 placed on file and be open to public inspection. All bids
28 shall be void if any disclosure of the terms of any bid in
29 response to an advertisement is made or permitted to be made
30 by the Board before the time fixed for opening bids.
31 * * * (nonstandard provisions contained in Section
32 210-30) * * *
33 (Source: P.A. 86-907.)
-1055- LRB9000879DJcd
1 (70 ILCS 325/8-26) (from Ch. 85, par. 7008-26)
2 Section 2-135. Report and financial statement. Sec. 8-26.
3 As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested upon request and a
9 copy thereof shall be filed with the county clerk and the
10 appointing officers.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/8-27) (from Ch. 85, par. 7008-27)
13 Section 2-140. State financial support. Sec. 8-27. The
14 Authority created by this Article Act shall receive financial
15 support from the State in the amounts provided for in Section
16 4 of the Metropolitan Civic Center Support Act, as now or
17 hereafter amended.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/8-28) (from Ch. 85, par. 7008-28)
20 Section 2-145. Antitrust laws. Sec. 8-28. The Authority
21 is hereby expressly made the beneficiary of the provisions of
22 Section 1 of the Local Government Antitrust Exemption Act "An
23 Act to make explicit the authorization for units of local
24 government and certain other governmental bodies to act as
25 permitted by statute or the Illinois Constitution,
26 notwithstanding effects on competition", amendatory veto
27 overridden November 3, 1983, as now or hereafter amended, and
28 the General Assembly intends that the "State action
29 exemption" to the application of the federal antitrust laws
30 be fully available to the Authority to the extent its
31 activities are either (1) expressly or by necessary
32 implication authorized by this Article or other Illinois law,
-1056- LRB9000879DJcd
1 or (2) within traditional areas of local governmental
2 activity.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/8-29) (from Ch. 85, par. 7008-29)
5 Section 2-150. Tax exemption. Sec. 8-29. All property of
6 the Authority shall be exempt from taxation by the State or
7 any taxing unit therein.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/8-30) (from Ch. 85, par. 7008-30)
10 Section 2-30. Prompt payment. Sec. 8-30. Purchases made
11 under pursuant to this Article Act shall be made in
12 compliance with the Local Government Prompt Payment Act.
13 (Source: P.A. 86-907.)
14 PART 215. QUAD CITY CIVIC CENTER
15 (70 ILCS 320/1-1) (from Ch. 85, par. 3101)
16 Section 215-1. Short title. Sec. 1-1. * * * (nonstandard
17 provisions contained in Section 215-1) * * *
18 (Source: P.A. 83-1528.)
19 (70 ILCS 320/1-2) (from Ch. 85, par. 3102)
20 Section 2-5. Definitions. Sec. 1-2. When used In this
21 Article Act:
22 * * * (nonstandard provisions contained in Section 215-5)
23 * * *
24 "Governmental agency" means the federal government, the
25 State, and any unit of local government or school district
26 governmental body, and any agency or instrumentality,
27 corporate or otherwise, thereof.
28 "Person" means any individual, firm, partnership,
29 corporation, both domestic and foreign, company, association
30 or joint stock association; and includes any trustee,
-1057- LRB9000879DJcd
1 receiver, assignee or personal representative thereof.
2 * * * (nonstandard provisions contained in Section 215-5)
3 * * *
4 (Source: P.A. 85-1002.)
5 (70 ILCS 320/1-3) (from Ch. 85, par. 3103)
6 Section 2-10. Lawsuits; common seal. Sec. 1-3. * * *
7 (nonstandard provisions contained in Section 215-10) * * *
8 (a) The Authority may sue and be sued in its corporate
9 name but execution shall not in any case issue against any
10 property of the Authority.
11 (b) The Authority It may adopt a common seal and change
12 the same at its pleasure. * * * (nonstandard provisions
13 contained in Section 215-10) * * *
14 (Source: P.A. 83-1435.)
15 (70 ILCS 320/1-4) (from Ch. 85, par. 3104)
16 Section 2-16. Duties; auditorium and other buildings;
17 lease of space. Sec. 1-4. It shall be the duty of the
18 Authority to promote, operate and maintain expositions,
19 conventions, and theatrical, sports and cultural activities
20 from time to time in the metropolitan area and in connection
21 therewith to arrange, finance and maintain industrial,
22 cultural, educational, theatrical, sports, and trade and
23 scientific exhibits and to construct, equip and maintain
24 auditorium, exposition and office buildings for such
25 purposes.
26 The provision of office space for rental and lease and
27 the lease of air space over and appurtenant to such
28 structures shall be deemed an integral function of the
29 Authority.
30 The Authority is granted all rights and powers necessary
31 to perform such duties.
32 (Source: P.A. 83-1435.)
-1058- LRB9000879DJcd
1 (70 ILCS 320/1-5) (from Ch. 85, par. 3105)
2 Section 215-15. Rights and powers. Sec. 1-5. * * *
3 (nonstandard provisions contained in Section 215-15) * * *
4 (Source: P.A. 83-1528.)
5 (70 ILCS 320/1-6) (from Ch. 85, par. 3106)
6 Section 2-25. Incurring obligations. Sec. 1-6. The
7 Authority shall not incur any obligations for salaries or
8 for, office or administrative expenses except within the
9 amounts of funds that which will be available to it when such
10 obligations become payable.
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/1-6.1) (from Ch. 85, par. 3106.1)
13 Section 2-30. Prompt payment. Sec. 1-6.1. Purchases
14 made under pursuant to this Article Act shall be made in
15 compliance with the the "Local Government Prompt Payment
16 Act", approved by the Eighty-fourth General Assembly.
17 (Source: P.A. 84-731.)
18 (70 ILCS 320/1-7) (from Ch. 85, par. 3107)
19 Section 2-35. Acquisition of property from person,
20 State, or local agency. Sec. 1-7. The Authority shall have
21 power (i) to acquire and accept by purchase, lease, gift or
22 otherwise any property or rights useful for the Authority's
23 purposes from any person or persons, from any municipal
24 corporation, body politic, or agency of the State, or from
25 the State itself, (ii) useful for its purposes, and to apply
26 for and accept grants, matching grants, loans or
27 appropriations from the State of Illinois or any agency or
28 instrumentality thereof to be used for any of the purposes of
29 the Authority, and (iii) to enter into any agreement with the
30 State of Illinois in relation to such grants, matching
31 grants, loans or appropriations.
-1059- LRB9000879DJcd
1 (Source: P.A. 83-1435.)
2 (70 ILCS 320/1-8) (from Ch. 85, par. 3108)
3 Section 2-40. Federal money. Sec. 1-8. The Authority
4 shall have the power (i) to apply for and accept grants,
5 matching grants, loans or appropriations from the federal
6 government or any agency or instrumentality thereof to be
7 used for any of the purposes of the Authority and (ii) to
8 enter into any agreement with the federal government in
9 relation to such grants, matching grants, loans or
10 appropriations.
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/1-9) (from Ch. 85, par. 3109)
13 Section 2-45. Insurance. Sec. 1-9. The Authority shall
14 have the power to procure and enter into contracts for any
15 type of insurance and indemnity against loss or damage to
16 property from any cause, against loss of use and occupancy,
17 against employers' liability, against any act of any member,
18 officer, or employee of the Board or Authority in the
19 performance of the duties of the his office or employment,
20 and against or any other insurable risk.
21 (Source: P.A. 83-1435.)
22 (70 ILCS 320/1-10) (from Ch. 85, par. 3110)
23 Section 2-50. Borrowing; revenue bonds; suits to compel
24 performance. Sec. 1-10. The Authority shall have continuing
25 power to borrow money for the purpose of carrying out and
26 performing its duties and exercising its powers under this
27 Article Act.
28 For the purpose of evidencing the obligation of the
29 Authority to repay any money borrowed as aforesaid, the
30 Authority may, pursuant to an ordinance adopted by the Board,
31 from time to time issue and dispose of its interest bearing
-1060- LRB9000879DJcd
1 revenue bonds, and may also from time to time issue and
2 dispose of its interest bearing revenue bonds to refund any
3 bonds at maturity or pursuant to redemption provisions or at
4 any time before maturity with the consent of the holders
5 thereof. All such bonds shall be payable solely from the
6 revenues or income to be derived from the fairs, expositions,
7 exhibitions, rentals and leases and other authorized
8 activities operated by it, and from funds, if any, received
9 and to be received by the Authority from any other source.
10 Such bonds may bear such date or dates, may mature at such
11 time or times not exceeding 40 forty years from their
12 respective dates, may bear interest at such rate or rates,
13 not exceeding the maximum rate permitted by the Bond
14 Authorization Act "An Act to authorize public corporations to
15 issue bonds, other evidences of indebtedness and tax
16 anticipation warrants subject to interest rate limitations
17 set forth therein", approved May 26, 1970, as amended, may be
18 in such form, may carry such registration privileges, may be
19 executed in such manner, may be payable at such place or
20 places, may be made subject to redemption in such manner and
21 upon such terms, with or without premium as is stated on the
22 face thereof, may be executed in such manner, and may contain
23 such terms and covenants, all as may be provided in said
24 ordinance. In case any officer whose signature appears on any
25 bond bonds ceases (after attaching his signature) to hold
26 office, his signature shall nevertheless be valid and
27 effective for all purposes. The holder or holders of any
28 bonds, or interest coupons appertaining thereto issued by the
29 Authority may bring suits at law or proceedings in equity to
30 compel the performance and observance by the Authority or any
31 of its officers, agents or employees of or any contract or
32 covenant made by the Authority with the holders of such bonds
33 or interest coupons, and to compel the Authority or and any
34 of its officers, agents or employees to perform any duties
-1061- LRB9000879DJcd
1 required to be performed for the benefit of the holders of
2 any such bonds or interest coupons by the provisions of the
3 ordinance authorizing their issuance, and to enjoin the
4 Authority and any of its officers, agents or employees from
5 taking any action in conflict with any such contract or
6 covenant.
7 Notwithstanding the form and tenor of any such bonds and
8 in the absence of any express recital on the face thereof
9 that it is non-negotiable, all such bonds shall be negotiable
10 instruments under the Uniform Commercial Code Negotiable
11 Instrument Law of the State of Illinois.
12 From and after the issuance of any bonds as herein
13 provided, it shall be the duty of the corporate authorities
14 of the Authority to fix and establish rates, charges, rents,
15 and fees for the use of facilities acquired, constructed,
16 reconstructed, extended or improved with the proceeds of the
17 sale of said bonds sufficient at all times, with other
18 revenues of the Authority, to pay:
19 (a) the cost of maintaining, repairing, regulating and
20 operating the said facilities; and
21 (b) the bonds and interest thereon as they shall become
22 due, and all sinking fund requirements and other requirements
23 provided by the ordinance authorizing the issuance of the
24 bonds or as provided by any trust agreement executed to
25 secure payment thereof.
26 To secure the payment of any or all of such bonds and for
27 the purpose of setting forth the covenants and undertakings
28 of the Authority in connection with the issuance thereof and
29 the issuance of any additional bonds payable from such
30 revenue income to be derived from the fairs, recreational,
31 theatrical, and cultural, expositions, sports sport
32 activities, exhibitions, office rentals, and air space leases
33 and rentals, and from other revenue, if any, the Authority
34 may execute and deliver a trust agreement or agreements;
-1062- LRB9000879DJcd
1 provided that no lien upon any physical property of the
2 Authority shall be created thereby.
3 A remedy for any breach or default of the terms of any
4 such trust agreement by the Authority may be by mandamus
5 proceedings in any court of competent jurisdiction to compel
6 performance and compliance therewith, but the trust agreement
7 may prescribe by whom or on whose behalf such action may be
8 instituted.
9 Before any such bonds (excepting refunding bonds) are
10 sold, the entire authorized issue, or any part thereof, shall
11 be offered for sale as a unit after advertising for bids at
12 least 3 three times in a daily newspaper of general
13 circulation published in the metropolitan area, the last
14 publication to be at least 10 ten days before bids are
15 required to be filed. Copies of such advertisement may be
16 published in any newspaper or financial publication in the
17 United States. All bids shall be sealed, filed and opened as
18 provided by ordinance and the bonds shall be awarded to the
19 highest and best bidder or bidders therefor. The Authority
20 shall have the right to reject all bids and to readvertise
21 for bids in the manner provided for in the initial
22 advertisement. However, if no bids are received such bonds
23 may be sold at not less than par value, without further
24 advertising, within 60 days after the bids are required to be
25 filed pursuant to any advertisement.
26 (Source: P.A. 83-1435.)
27 (70 ILCS 320/1-11) (from Ch. 85, par. 3111)
28 Section 215-20. Bonds; nature of indebtedness. Sec.
29 1-11. * * * (nonstandard provisions contained in Section
30 215-20) * * *
31 (Source: P.A. 83-1435.)
32 (70 ILCS 320/1-12) (from Ch. 85, par. 3112)
-1063- LRB9000879DJcd
1 Section 2-60. Investment in bonds. Sec. 1-12. The State
2 and all counties, cities, villages, incorporated towns and
3 other municipal corporations, political subdivisions and
4 public bodies, and public officers of any thereof;, all
5 banks, bankers, trust companies, savings banks and
6 institutions, building and loan associations, savings and
7 loan associations, investment companies and other persons
8 carrying on an insurance business; and all executors,
9 administrators, guardians, trustees and other fiduciaries may
10 legally invest any sinking funds, moneys or other funds
11 belonging to them or within their control in any bonds issued
12 pursuant to this Article Act, it if being the purpose of this
13 Section to authorize the investment in such bonds of all
14 sinking, insurance, retirement, compensation, pension and
15 trust funds, whether owned or controlled by private or public
16 persons or officers; provided, however, that nothing
17 contained in this Section may be construed as relieving any
18 person from any duty of exercising reasonable care in
19 selecting securities for investment.
20 (Source: P.A. 83-1435.)
21 (70 ILCS 320/1-13) (from Ch. 85, par. 3113)
22 Section 215-25. Bonds other than revenue bonds;
23 election. Sec. 1-13. * * * (nonstandard provisions contained
24 in Section 215-25) * * *
25 (Source: P.A. 83-1435.)
26 (70 ILCS 320/1-14) (from Ch. 85, par. 3114)
27 Section 215-30. Tax. Sec. 1-14. * * * (nonstandard
28 provisions contained in Section 215-30) * * *
29 (Source: P.A. 83-1435.)
30 (70 ILCS 320/1-15) (from Ch. 85, par. 3115)
31 Section 2-76. Board members; financial matters;
-1064- LRB9000879DJcd
1 compensation for secretary or treasurer; conflict of
2 interest. Sec. 1-15. * * * (nonstandard provisions contained
3 in Section 215-35) * * * The members of the Board They shall
4 serve without compensation, but shall be reimbursed for
5 actual expenses incurred by them in the performance of their
6 duties. However, any member of the Board who is appointed to
7 the office of secretary or treasurer may receive compensation
8 for his or her services as such officer.
9 No member of the Board or employee of the Authority shall
10 have any private financial interest, profit or benefit in any
11 contract, work or business of the Authority or nor in the
12 sale or lease of any property to or from the Authority.
13 (Source: P.A. 85-1002.)
14 (70 ILCS 320/1-16) (from Ch. 85, par. 3116)
15 Section 215-40. Board members appointed; ex officio
16 members. Sec. 1-16. * * * (nonstandard provisions contained
17 in Section 215-40) * * *
18 (Source: P.A. 85-1002.)
19 (70 ILCS 320/1-17) (from Ch. 85, par. 3117)
20 Section 2-85. Board members; vacancy in office. Sec.
21 1-17. Members of the Board shall hold office until their
22 respective successors have been appointed and qualified. Any
23 member may resign from his office; the resignation takes to
24 take effect when the member's his successor has been
25 appointed and has qualified. * * * (nonstandard provisions
26 contained in Section 215-45) * * *
27 In case of failure to qualify within the time required,
28 or of abandonment of his office, or in case of death,
29 conviction of a felony or removal from office, a member's his
30 office shall become vacant. Each vacancy or position
31 succession shall be filled for the unexpired term by
32 appointment in like manner, as in the case of expiration of
-1065- LRB9000879DJcd
1 the term of a member of the Board.
2 (Source: P.A. 83-1435.)
3 (70 ILCS 320/1-18) (from Ch. 85, par. 3118)
4 Section 2-90. Organization of the Board. Sec. 1-18. As
5 soon as practicably possible after the appointment of the
6 initial members, the Board shall organize for the transaction
7 of business, select a chairman and a temporary secretary from
8 its own number, and adopt by-laws and regulations to govern
9 its proceedings. The initial chairman and his successors
10 shall be elected by the Board from time to time for the term
11 of the chairman's his office as a member of the Board or for
12 the term of 3 years, whichever is shorter.
13 (Source: P.A. 83-1435.)
14 (70 ILCS 320/1-19) (from Ch. 85, par. 3119)
15 Section 215-50. Meetings; quorum; approval of ordinances
16 and resolutions by chairman; public records. Sec. 1-19. * * *
17 (nonstandard provisions contained in Section 215-50) * * *
18 (Source: P.A. 85-1002.)
19 (70 ILCS 320/1-20) (from Ch. 85, par. 3120)
20 Section 2-100. Secretary; treasurer. Sec. 1-20. The
21 Board shall appoint a secretary and a treasurer, who need not
22 be members of the Board, to hold office during the pleasure
23 of the Board, and shall fix their duties and compensation.
24 Before entering upon the its duties of their respective
25 offices they shall take and subscribe the constitutional oath
26 of office, and the treasurer shall execute a bond with
27 corporate sureties to be approved by the Board. The bond
28 shall be payable to the Authority in whatever penal sum may
29 be directed upon the faithful performance of the duties of
30 the office and the payment of all money received by the
31 treasurer him according to law and the orders of the Board.
-1066- LRB9000879DJcd
1 The Board may, at any time, require a new bond from the
2 treasurer in a such penal sum as may then be determined by
3 the Board. The obligation of the sureties shall not extend
4 to any loss sustained by the insolvency, failure or closing
5 of any national or state bank wherein the treasurer has
6 deposited funds if the bank has been approved by the Board as
7 a depositary depository for those these funds. The oaths of
8 office and the treasurer's bond shall be filed in the
9 principal office of the Authority.
10 (Source: P.A. 83-1435.)
11 (70 ILCS 320/1-21) (from Ch. 85, par. 3121)
12 Section 2-105. Funds. Sec. 1-21. All funds deposited by
13 the treasurer in any bank shall be placed in the name of the
14 Authority and shall be withdrawn or paid out only by check or
15 draft upon the bank, signed by the treasurer and
16 countersigned by the chairman of the Board. The Board may
17 designate any of its members or any officer or employee of
18 the Authority to affix the signature of the chairman and
19 another to affix the signature of the treasurer to any check
20 or draft for payment of salaries or wages and for payment of
21 any other obligation of not more than $2,500 $2500.
22 (Source: P.A. 83-1435.)
23 (70 ILCS 320/1-22) (from Ch. 85, par. 3122)
24 Section 2-110. Signatures on checks or drafts. Sec.
25 1-22. In case any officer whose signature appears upon any
26 check or draft, issued pursuant to this Article Act, ceases
27 (after attaching his signature), to hold his office after
28 attaching his or her signature and before the delivery of the
29 check or draft thereof to the payee, that his signature
30 nevertheless shall be valid and sufficient for all purposes
31 with the same effect as if the officer he had remained in
32 office until delivery thereof.
-1067- LRB9000879DJcd
1 (Source: P.A. 83-1435.)
2 (70 ILCS 320/1-23) (from Ch. 85, par. 3123)
3 Section 2-115. General manager; other appointments. Sec.
4 1-23. The Board may appoint a general manager who shall be a
5 person of recognized ability and business experience, to hold
6 office during the pleasure of the Board. The general manager
7 shall have management of the properties and business of the
8 Authority and of the employees thereof subject to the general
9 control of the Board, shall direct the enforcement of all
10 ordinances, resolutions, rules and regulations of the Board,
11 and shall perform such other duties as may be prescribed from
12 time to time by the Board.
13 The Board may appoint a general attorney and a chief
14 engineer and shall provide for the appointment of such other
15 officers, attorneys, engineers, planners, consultants, agents
16 and employees as may be necessary. The Board It shall define
17 their duties and require bonds of such of them as the Board
18 may designate.
19 The general manager, general attorney, chief engineer,
20 and all other officers provided for pursuant to this Section
21 shall be exempt from taking and subscribing any oath of
22 office and shall not be members of the Board.
23 The compensation of the general manager, general
24 attorney, chief engineer, and all other officers, attorneys,
25 planners, consultants, agents and employees shall be fixed by
26 the Board.
27 (Source: P.A. 83-1435.)
28 (70 ILCS 320/1-24) (from Ch. 85, par. 3124)
29 Section 2-120. Ordinances, rules, and regulations; fines
30 and penalties. Sec. 1-24. The Board shall have power to pass
31 all ordinances and make all rules and regulations proper or
32 necessary to carry into effect the powers granted to the
-1068- LRB9000879DJcd
1 Authority, with such fines or penalties as may be deemed
2 proper. All fines and penalties shall be imposed by
3 ordinance, which shall be published in a newspaper of general
4 circulation published in the metropolitan area embraced by
5 the Authority. No such ordinance imposing a fine or penalty
6 shall take effect until 10 ten days after its publication.
7 (Source: P.A. 83-1435.)
8 (70 ILCS 320/1-25) (from Ch. 85, par. 3125)
9 Section 215-55. Contracts. Sec. 1-25. * * * (nonstandard
10 provisions contained in Section 215-55) * * *
11 (Source: P.A. 83-1435.)
12 (70 ILCS 320/1-26) (from Ch. 85, par. 3126)
13 Section 2-130. Bids and advertisements. Sec. 1-26.
14 Advertisements for bids shall be published at least twice in
15 a daily newspaper of general circulation published in the
16 metropolitan area, the last publication to be at least 10 ten
17 calendar days before the time for receiving bids, and such
18 advertisements shall also be posted on readily accessible
19 bulletin boards in the principal office of the Authority.
20 Such advertisements shall state the time and place for
21 receiving and opening of bids, and, by reference to plans and
22 specifications on file at the time of the first publication,
23 or in the advertisement itself, shall describe the character
24 of the proposed contract in sufficient detail to fully advise
25 prospective bidders of their obligations and to ensure insure
26 free and open competitive bidding.
27 All bids in response to advertisements shall be sealed
28 and shall be publicly opened by the Board, and all bidders
29 shall be entitled to be present in person or by
30 representatives. Cash or a certified or satisfactory
31 cashier's check, as a deposit of good faith, in a reasonable
32 amount to be fixed by the Board before advertising for bids,
-1069- LRB9000879DJcd
1 shall be required with the proposal of each bidder. Bond for
2 faithful performance of the contract with surety or sureties
3 satisfactory to the Board and adequate insurance may be
4 required in reasonable amounts to be fixed by the Board
5 before advertising for bids.
6 The contract shall be awarded as promptly as possible
7 after the opening of bids. The bid of the successful bidder,
8 as well as the bids of the unsuccessful bidders, shall be
9 placed on file and be open to public inspection. All bids
10 shall be void if any disclosure of the terms of any bid in
11 response to an advertisement is made or permitted to be made
12 by the Board before the time fixed for opening bids.
13 * * * (nonstandard provisions contained in Section
14 215-60) * * *
15 (Source: P.A. 83-1435.)
16 (70 ILCS 320/1-27) (from Ch. 85, par. 3127)
17 Section 2-135. Report and financial statement. Sec.
18 1-27. As soon after the end of each fiscal year as may be
19 expedient, the Board shall cause to be prepared and printed a
20 complete and detailed report and financial statement of its
21 operations and of its assets and liabilities. A reasonably
22 sufficient number of copies of such report shall be printed
23 for distribution to persons interested, upon request and a
24 copy thereof shall be filed with the county clerk and the
25 appointing officers as provided in Section 16.
26 (Source: P.A. 83-1435.)
27 (70 ILCS 320/1-28) (from Ch. 85, par. 3128)
28 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
29 is hereby expressly made the beneficiary of the provisions of
30 Section 1 of the Local Government Antitrust Exemption Act "An
31 Act to make explicit the authorization for units of local
32 government and certain other governmental bodies to act as
-1070- LRB9000879DJcd
1 permitted by statute or the Illinois Constitution,
2 notwithstanding effect on competition", adopted November 3,
3 1983, and the General Assembly intends that the "State action
4 exemption" to the application of the federal antitrust
5 anti-trust laws be fully available to the Authority to the
6 extent its their activities are either (1) expressly or by
7 necessary implication authorized by this Article Act or other
8 Illinois law, or (2) within traditional areas of local
9 governmental activity.
10 (Source: P.A. 83-1435.)
11 (70 ILCS 320/1-29) (from Ch. 85, par. 3129)
12 Section 2-150. Tax exemption. Sec. 1-29. All property
13 of the Illinois Quad City Civic Center Authority shall be
14 exempt from taxation by the State or any taxing unit therein.
15 (Source: P.A. 83-1435.)
16 (70 ILCS 320/1-30) (from Ch. 85, par. 3130)
17 Section 2-140. State financial support. Sec. 1-30. The
18 Authority created by this Article Act shall receive financial
19 support from the State in the amounts provided for in Section
20 4 of the Metropolitan Civic Center Support Act.
21 (Source: P.A. 83-1435.)
22 PART 220. QUINCY CIVIC CENTER
23 (70 ILCS 280/2-1) (from Ch. 85, par. 2801)
24 Section 2-3. Purpose. Sec. 2-1. The purpose of this
25 Article Act is to accomplish the aims of the State of
26 Illinois to enhance the ability of its citizens to avail
27 themselves of civic and cultural centers geographically
28 situated throughout the entire State of Illinois.
29 (Source: P.A. 83-911.)
30 (70 ILCS 280/2-2) (from Ch. 85, par. 2802)
-1071- LRB9000879DJcd
1 Section 220-1. Short title. Sec. 2-2. * * * (nonstandard
2 provisions contained in Section 220-1) * * *
3 (Source: P.A. 83-911.)
4 (70 ILCS 280/2-3) (from Ch. 85, par. 2803)
5 Section 2-5. Definitions. Sec. 2-3. When used In this
6 Article Act:
7 * * * (nonstandard provisions contained in Section 220-5)
8 * * *
9 "Governmental agency" means the federal government, the
10 State, and any unit of local government or school district
11 governmental body, and any agency or instrumentality,
12 corporate or otherwise, thereof.
13 "Person" means any individual, firm, partnership,
14 corporation, both domestic and foreign, company, association
15 or joint stock association; and includes any trustee,
16 receiver, assignee or personal representative thereof.
17 * * * (nonstandard provisions contained in Section 220-5)
18 * * *
19 (Source: P.A. 83-911.)
20 (70 ILCS 280/2-4) (from Ch. 85, par. 2804)
21 Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
22 (nonstandard provisions contained in Section 220-10) * * *
23 (a) The Authority may sue and be sued in its corporate
24 name but execution shall not in any case issue against any
25 property of the Authority.
26 (b) The Authority It may adopt a common seal and change
27 the same at its pleasure. * * * (nonstandard provisions
28 contained in Section 220-10) * * *
29 (Source: P.A. 83-911.)
30 (70 ILCS 280/2-5) (from Ch. 85, par. 2805)
31 Section 2-16. Duties; auditorium and other buildings;
-1072- LRB9000879DJcd
1 lease of space. Sec. 2-5. It shall be the duty of the
2 Authority to promote, operate and maintain expositions,
3 conventions, and theatrical, sports and cultural activities
4 from time to time in the metropolitan area and in connection
5 therewith to arrange, finance and maintain industrial,
6 cultural, educational, theatrical, sports, trade and
7 scientific exhibits and to construct, equip and maintain
8 auditorium, exposition and office buildings for such
9 purposes.
10 The provision of office space for lease and rental and
11 the lease of air space over and appurtenant to such
12 structures shall be deemed an integral function of the
13 Authority.
14 The Authority is granted all rights and powers necessary
15 to perform such duties.
16 (Source: P.A. 83-911.)
17 (70 ILCS 280/2-6) (from Ch. 85, par. 2806)
18 Section 2-20. Rights and powers, including eminent
19 domain. Sec. 2-6. The Authority shall have the following
20 rights and powers duties:
21 (a) To acquire, purchase, own, construct, lease as
22 lessee or in any other way acquire, improve, extend, repair,
23 reconstruct, regulate, operate, equip and maintain exhibition
24 centers, civic auditoriums, cultural facilities and office
25 buildings, including sites and parking areas and commercial
26 facilities therefor located within the metropolitan area;
27 (b) To plan for such grounds, centers and auditoriums
28 and to plan, sponsor, hold, arrange and finance fairs,
29 industrial, cultural, educational, trade and scientific
30 exhibits, shows and events and to use or allow the use of
31 such grounds, centers, and auditoriums for the holding of
32 fairs, exhibits, shows and events whether conducted by the
33 Authority or some other person or governmental agency;
-1073- LRB9000879DJcd
1 (c) To exercise the right of eminent domain to acquire
2 sites for such grounds, centers, buildings and auditoriums,
3 and parking areas and facilities in the manner provided for
4 the exercise of the right of eminent domain under Article VII
5 of the Code of Civil Procedure, as amended;
6 (d) To fix and collect just, reasonable and
7 nondiscriminatory charges and rents for the use of such
8 parking areas and facilities, grounds, centers, buildings and
9 auditoriums and admission charges to fairs, shows, exhibits
10 and events sponsored or held by the Authority. The charges
11 collected may be made available to defray the reasonable
12 expenses of the Authority and to pay the principal of and the
13 interest on any bonds issued by the Authority;
14 (e) To enter into contracts treating in any manner with
15 the objects and purposes of this Article Act.
16 (Source: P.A. 83-911.)
17 (70 ILCS 280/2-7) (from Ch. 85, par. 2807)
18 Section 2-25. Incurring obligations. Sec. 2-7. The
19 Authority shall not incur any obligations for salaries or
20 for, office or administrative expenses except within the
21 amounts of funds which will be available to it when such
22 obligations become payable.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/2-7.1) (from Ch. 85, par. 2807.1)
25 Section 2-30. Prompt payment. Sec. 2-7.1. Purchases
26 made under pursuant to this Article Act shall be made in
27 compliance with the the "Local Government Prompt Payment
28 Act", approved by the Eighty-fourth General Assembly.
29 (Source: P.A. 84-731.)
30 (70 ILCS 280/2-8) (from Ch. 85, par. 2808)
31 Section 2-35. Acquisition of property from person,
-1074- LRB9000879DJcd
1 State, or local agency. Sec. 2-8. The Authority shall have
2 power (i) to acquire and accept by purchase, lease, gift or
3 otherwise any property or rights useful for the Authority's
4 purposes from any person or persons, from any municipal
5 corporation, body politic, or agency of the State, or from
6 the State itself, (ii) useful for its purposes, and to apply
7 for and accept grants, matching grants, loans or
8 appropriations from the State of Illinois or any agency or
9 instrumentality thereof to be used for any of the purposes of
10 the Authority, and (iii) to enter into any agreement with the
11 State of Illinois in relation to such grants, matching
12 grants, loans or appropriations.
13 (Source: P.A. 83-911.)
14 (70 ILCS 280/2-9) (from Ch. 85, par. 2809)
15 Section 2-40. Federal money. Sec. 2-9. The Authority
16 shall have the power (i) to apply for and accept grants,
17 matching grants, loans or appropriations from the federal
18 government or any agency or instrumentality thereof to be
19 used for any of the purposes of the Authority and (ii) to
20 enter into any agreement with the federal government in
21 relation to such grants, matching grants, loans or
22 appropriations.
23 (Source: P.A. 83-911.)
24 (70 ILCS 280/2-10) (from Ch. 85, par. 2810)
25 Section 2-45. Insurance. Sec. 2-10. The Authority shall
26 have the power to procure and enter into contracts for any
27 type of insurance and indemnity against loss or damage to
28 property from any cause, against loss of use and occupancy,
29 against employers' liability, against any act of any member,
30 officer, or employee of the Board or Authority in the
31 performance of the duties of the his office or employment,
32 and against or any other insurable risk.
-1075- LRB9000879DJcd
1 (Source: P.A. 83-911.)
2 (70 ILCS 280/2-11) (from Ch. 85, par. 2811)
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance. Sec. 2-11. The Authority shall have continuing
5 power to borrow money for the purpose of carrying out and
6 performing its duties and exercising its powers under this
7 Article Act.
8 For the purpose of evidencing the obligation of the
9 Authority to repay any money borrowed as aforesaid, the
10 Authority may, pursuant to an ordinance adopted by the Board,
11 from time to time issue and dispose of its interest bearing
12 revenue bonds, and may also from time to time issue and
13 dispose of its interest bearing revenue bonds to refund any
14 bonds at maturity or pursuant to redemption provisions or at
15 any time before maturity with the consent of the holders
16 thereof. All such bonds shall be payable solely from the
17 revenues or income to be derived from the fairs, expositions,
18 exhibitions, rentals and leases and other authorized
19 activities operated by it, and from funds, if any, received
20 and to be received by the Authority from any other source.
21 Such bonds may bear such date or dates, may mature at such
22 time or times not exceeding 40 forty years from their
23 respective dates, may bear interest at such rate or rates,
24 not exceeding the maximum rate permitted by the Bond
25 Authorization Act "An Act to authorize public corporations to
26 issue bonds, other evidences of indebtedness and tax
27 anticipation warrants subject to interest rate limitations
28 set forth therein", approved May 26, 1970, as amended, may be
29 in such form, may carry such registration privileges, may be
30 executed in such manner, may be payable at such place or
31 places, may be made subject to redemption in such manner and
32 upon such terms, with or without premium as is stated on the
33 face thereof, may be executed in such manner, and may contain
-1076- LRB9000879DJcd
1 such terms and covenants, all as may be provided in said
2 ordinance. In case any officer whose signature appears on any
3 bond ceases (after attaching his signature) to hold office,
4 his signature shall nevertheless be valid and effective for
5 all purposes. The holder or holders of any bonds, or interest
6 coupons appertaining thereto issued by the Authority may
7 bring suits at law or proceedings in equity to compel the
8 performance and observance by the Authority or any of its
9 officers, agents or employees of or any contract or covenant
10 made by the Authority with the holders of such bonds or
11 interest coupons, and to compel the Authority or and any of
12 its officers, agents or employees to perform any duties
13 required to be performed for the benefit of the holders of
14 any such bonds or interest coupons by the provisions of the
15 ordinance authorizing their issuance, and to enjoin the
16 Authority and any of its officers, agents or employees from
17 taking any action in conflict with any such contract or
18 covenant.
19 Notwithstanding the form and tenor of any such bonds and
20 in the absence of any express recital on the face thereof
21 that it is non-negotiable, all such bonds shall be negotiable
22 instruments under the Uniform Commercial Code.
23 From and after the issuance of any bonds as herein
24 provided it shall be the duty of the corporate authorities of
25 the Authority to fix and establish rates, charges, rents, and
26 fees for the use of facilities acquired, constructed,
27 reconstructed, extended or improved with the proceeds of the
28 sale of said bonds sufficient at all times, with other
29 revenues of the Authority, to pay:
30 (a) the cost of maintaining, repairing, regulating and
31 operating the said facilities; and
32 (b) the bonds and interest thereon as they shall become
33 due, and all sinking fund requirements and other requirements
34 provided by the ordinance authorizing the issuance of the
-1077- LRB9000879DJcd
1 bonds or as provided by any trust agreement executed to
2 secure payment thereof.
3 To secure the payment of any or all of such bonds and for
4 the purpose of setting forth the covenants and undertakings
5 of the Authority in connection with the issuance thereof and
6 the issuance of any additional bonds payable from such
7 revenue income to be derived from the fairs, recreational,
8 theatrical, and cultural, expositions, sports sport
9 activities, exhibitions, office rentals, and air space leases
10 and rentals, and from other revenue, if any, the Authority
11 may execute and deliver a trust agreement or agreements;
12 provided that no lien upon any physical property of the
13 Authority shall be created thereby.
14 A remedy for any breach or default of the terms of any
15 such trust agreement by the Authority may be by mandamus
16 proceedings in any court of competent jurisdiction to compel
17 performance and compliance therewith, but the trust agreement
18 may prescribe by whom or on whose behalf such action may be
19 instituted.
20 Before any such bonds (excepting refunding bonds) are
21 sold, the entire authorized issue, or any part thereof, shall
22 be offered for sale as a unit after advertising for bids at
23 least 3 three times in a daily newspaper of general
24 circulation published in the metropolitan area, the last
25 publication to be at least 10 ten days before bids are
26 required to be filed. Copies of such advertisement may be
27 published in any newspaper or financial publication in the
28 United States. All bids shall be sealed, filed and opened as
29 provided by ordinance and the bonds shall be awarded to the
30 highest and best bidder or bidders therefor. The Authority
31 shall have the right to reject all bids and to readvertise
32 for bids in the manner provided for in the initial
33 advertisement. However, if no bids are received such bonds
34 may be sold at not less than par value, without further
-1078- LRB9000879DJcd
1 advertising, within 60 days after the bids are required to be
2 filed pursuant to any advertisement.
3 (Source: P.A. 83-911.)
4 (70 ILCS 280/2-12) (from Ch. 85, par. 2812)
5 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
6 Under no circumstances shall any bonds issued by the
7 Authority be or become an indebtedness or obligation of the
8 State of Illinois or of any other political subdivision of or
9 municipality within the State, nor shall any such bond or
10 obligation be or become an indebtedness of the Authority
11 within the purview of any constitutional limitation or
12 provision, and it shall be plainly stated on the face of each
13 such bond that it does not constitute such an indebtedness or
14 obligation but is payable solely from the revenues or income
15 as provided in this Article aforesaid.
16 (Source: P.A. 83-911.)
17 (70 ILCS 280/2-13) (from Ch. 85, par. 2813)
18 Section 2-60. Investment in bonds. Sec. 2-60. The State
19 and all counties, cities, villages, incorporated towns and
20 other municipal corporations, political subdivisions and
21 public bodies, and public officers of any thereof;, all
22 banks, bankers, trust companies, savings banks and
23 institutions, building and loan associations, savings and
24 loan associations, investment companies and other persons
25 carrying on an insurance business; and all executors,
26 administrators, guardians, trustees and other fiduciaries may
27 legally invest any sinking funds, moneys or other funds
28 belonging to them or within their control in any bonds issued
29 pursuant to this Article Act, it being the purpose of this
30 Section to authorize the investment in such bonds of all
31 sinking, insurance, retirement, compensation, pension and
32 trust funds, whether owned or controlled by private or public
-1079- LRB9000879DJcd
1 persons or officers; provided, however, that nothing
2 contained in this Section may be construed as relieving any
3 person from any duty of exercising reasonable care in
4 selecting securities for investment.
5 (Source: P.A. 83-911.)
6 (70 ILCS 280/2-14) (from Ch. 85, par. 2814)
7 Section 2-75. Board members; financial matters; conflict
8 of interest. Sec. 2-14. * * * (nonstandard provisions
9 contained in Section 220-15) * * * The members of the Board
10 shall serve without compensation, but shall be reimbursed for
11 actual expenses incurred by them in the performance of their
12 duties.
13 No member of the Board or employee of the Authority shall
14 have any private financial interest, profit or benefit in any
15 contract, work or business of the Authority or nor in the
16 sale or lease of any property to or from the Authority.
17 (Source: P.A. 83-911.)
18 (70 ILCS 280/2-15) (from Ch. 85, par. 2815)
19 Section 2-80. Board members' oath. Sec. 2-15. * * *
20 (nonstandard provisions contained in Section 220-20) * * *
21 Within 30 days after certification of his appointment, and
22 before entering upon the duties of his office, each member of
23 the Board shall take and subscribe the constitutional oath of
24 office and file it in the office of the Secretary of State.
25 (Source: P.A. 83-911.)
26 (70 ILCS 280/2-16) (from Ch. 85, par. 2816)
27 Section 2-85. Board members; vacancy in office. Sec.
28 2-16. Members of the Board shall hold office until their
29 respective successors have been appointed and qualified. Any
30 member may resign from his office; the resignation takes to
31 take effect when the member's his successor has been
-1080- LRB9000879DJcd
1 appointed and has qualified.
2 Section 2-83. Removal of Board member from office. The
3 appointing officer may remove any member of the Board
4 appointed by the officer him, in case of incompetency,
5 neglect of duty, or malfeasance in office, after service on
6 the member him, by registered United States mail, return
7 requested, of a copy of the written charges against the
8 member him and an opportunity to be publicly heard in person
9 or by counsel in the member's his own defense upon not less
10 than 10 days' notice.
11 (Section 2-85, resumed)
12 In case of failure to qualify within the time required,
13 or of abandonment of his office, or in case of death,
14 conviction of a felony or removal from office, a member's his
15 office shall become vacant. Each vacancy shall be filled for
16 the unexpired term by appointment in like manner, as in case
17 of expiration of the term of a member of the Board.
18 (Source: P.A. 83-911.)
19 (70 ILCS 280/2-17) (from Ch. 85, par. 2817)
20 Section 2-90. Organization of the Board. Sec. 2-17. As
21 soon as practicably possible after the appointment of the
22 initial members, the Board shall organize for the transaction
23 of business, select a chairman and a temporary secretary from
24 its own number, and adopt by-laws and regulations to govern
25 its proceedings. The initial chairman and his successors
26 shall be elected by the Board from time to time for the term
27 of the chairman's his office as a member of the Board or for
28 the term of 3 years, whichever is shorter.
29 (Source: P.A. 83-911.)
30 (70 ILCS 280/2-18) (from Ch. 85, par. 2818)
31 Section 2-96. Meetings; action by 4 Board members. Sec.
32 2-18. Regular meetings of the Board shall be held at least
-1081- LRB9000879DJcd
1 once in each calendar month, the time and place of such
2 meetings to be fixed by the Board.
3 Four members of the Board shall constitute a quorum for
4 the transaction of business. All actions of the Board shall
5 be by ordinance or resolution and the affirmative vote of at
6 least 4 members shall be necessary for the adoption of any
7 ordinance or resolution.
8 All ordinances, resolutions and all proceedings of the
9 Authority and all documents and records in its possession
10 shall be public records, and open to public inspection,
11 except such documents and records as shall be kept or
12 prepared by the Board for use in negotiations, actions action
13 or proceedings to which the Authority is a party.
14 (Source: P.A. 83-911.)
15 (70 ILCS 280/2-19) (from Ch. 85, par. 2819)
16 Section 2-100. Secretary; treasurer. Sec. 2-19. The
17 Board shall appoint a secretary and a treasurer, who need not
18 be members of the Board, to hold office during the pleasure
19 of the Board, and shall fix their duties and compensation.
20 Before entering upon the duties of their respective offices
21 they shall take and subscribe the constitutional oath of
22 office, and the treasurer shall execute a bond with corporate
23 sureties to be approved by the Board. The bond shall be
24 payable to the Authority in whatever penal sum may be
25 directed upon the faithful performance of the duties of the
26 office and the payment of all money received by the treasurer
27 him according to law and the orders of the Board. The Board
28 may, at any time, require a new bond from the treasurer in a
29 such penal sum as may then be determined by the Board. The
30 obligation of the sureties shall not extend to any loss
31 sustained by the insolvency, failure or closing of any
32 national or state bank wherein the treasurer has deposited
33 funds if the bank has been approved by the Board as a
-1082- LRB9000879DJcd
1 depositary for those these funds. The oaths of office and
2 the treasurer's bond shall be filed in the principal office
3 of the Authority.
4 (Source: P.A. 83-911.)
5 (70 ILCS 280/2-20) (from Ch. 85, par. 2820)
6 Section 2-105. Funds. Sec. 2-20. All funds deposited by
7 the treasurer in any bank shall be placed in the name of the
8 Authority and shall be withdrawn or paid out only by check or
9 draft upon the bank, signed by the treasurer and
10 countersigned by the chairman of the Board. The Board may
11 designate any of its members or any officer or employee of
12 the Authority to affix the signature of the chairman and
13 another to affix the signature of the treasurer to any check
14 or draft for payment of salaries or wages and for payment of
15 any other obligation of not more than $2,500.
16 (Source: P.A. 83-911.)
17 (70 ILCS 280/2-21) (from Ch. 85, par. 2821)
18 Section 2-110. Signatures on checks or drafts. Sec.
19 2-21. In case any officer whose signature appears upon any
20 check or draft, issued pursuant to this Article Act, ceases
21 (after attaching his signature) to hold his office after
22 attaching his or her signature and before the delivery of the
23 check or draft thereof to the payee, that his signature
24 nevertheless shall be valid and sufficient for all purposes
25 with the same effect as if the officer he had remained in
26 office until delivery.
27 (Source: P.A. 83-911.)
28 (70 ILCS 280/2-22) (from Ch. 85, par. 2822)
29 Section 2-115. General manager; other appointments. Sec.
30 2-22. The Board may appoint a general manager who shall be a
31 person of recognized ability and business experience, to
-1083- LRB9000879DJcd
1 hold office during the pleasure of the Board. The general
2 manager shall have management of the properties and business
3 of the Authority and of the employees thereof subject to the
4 general control of the Board, shall direct the enforcement of
5 all ordinances, resolutions, rules and regulations of the
6 Board, and shall perform such other duties as may be
7 prescribed from time to time by the Board.
8 The Board may appoint a general attorney and a chief
9 engineer and shall provide for the appointment of such other
10 officers, attorneys, engineers, planners, consultants, agents
11 and employees as may be necessary. The Board It shall define
12 their duties and require bonds of such of them as the Board
13 may designate.
14 The general manager, general attorney, chief engineer,
15 and all other officers provided for pursuant to this Section
16 shall be exempt from taking and subscribing any oath of
17 office and shall not be members of the Board.
18 The compensation of the general manager, general
19 attorney, chief engineer, and all other officers, attorneys,
20 planners, consultants, agents and employees shall be fixed by
21 the Board.
22 (Source: P.A. 83-911.)
23 (70 ILCS 280/2-23) (from Ch. 85, par. 2823)
24 Section 2-122. Rules and regulations; penalties. Sec.
25 2-23. The Board shall have power to make all rules and
26 regulations proper or necessary to carry into effect the
27 powers granted to the Authority, with such penalties as may
28 be deemed proper.
29 (Source: P.A. 83-911.)
30 (70 ILCS 280/2-24) (from Ch. 85, par. 2824)
31 Section 2-125. Contracts; award to other than highest or
32 lowest bidder by vote of 5 Board members. Sec. 2-24. All
-1084- LRB9000879DJcd
1 contracts for the sale of property of the value of more than
2 $2,500 or for a concession in or lease of property, including
3 air rights, of the Authority for a term of more than one year
4 shall be awarded to the highest responsible bidder, after
5 advertising for bids. All construction contracts and
6 contracts for supplies, materials, equipment and services,
7 when the expense thereof will exceed $2,500, shall be let to
8 the lowest responsible bidder, after advertising for bids,
9 excepting (1) when repair parts, accessories, equipment or
10 services are required for equipment or services previously
11 furnished or contracted for; (2) when the nature of the
12 services required is such that competitive bidding is not in
13 the best interest of the public, including, without limiting
14 the generality of the foregoing, the services of accountants,
15 architects, attorneys, engineers, physicians, superintendents
16 of construction, and others possessing a high degree of
17 skill; and (3) when services such as water, light, heat,
18 power, telephone or telegraph are required.
19 All contracts involving less than $2,500 shall be let by
20 competitive bidding to the lowest responsible bidder whenever
21 possible, and in any event in a manner calculated to ensure
22 insure the best interests of the public. Competitive bidding
23 is not required for the lease of real estate or buildings
24 owned or controlled by the Authority. The Board is empowered
25 to offer such leases upon such terms as it deems advisable.
26 In determining the responsibility of any bidder, the
27 Board may take into account the past record of dealings with
28 the bidder, the bidder's experience, adequacy of equipment,
29 and ability to complete performance within the time set, and
30 other factors besides financial responsibility, but in no
31 case shall any such contracts be awarded to any other than
32 the highest bidder (in case of sale, concession or lease) or
33 the lowest bidder (in case of purchase or expenditure) unless
34 authorized or approved by a vote of at least 5 members of the
-1085- LRB9000879DJcd
1 Board, and unless such action is accompanied by a statement
2 in writing setting forth the reasons for not awarding the
3 contract to the highest or lowest bidder, as the case may be,
4 which statement shall be kept on file in the principal office
5 of the Authority and open to public inspection.
6 Members of the Board, officers and employees of the
7 Authority, and their relatives within the fourth degree of
8 consanguinity by the terms of the civil law, are forbidden to
9 be interested directly or indirectly in any contract for
10 construction or maintenance work or for the delivery of
11 materials, supplies or equipment.
12 The Board shall have the right to reject all bids and to
13 readvertise for bids. If after any such advertisement no
14 responsible and satisfactory bid, within the terms of the
15 advertisement, shall be received, the Board may award such
16 contract, without competitive bidding, provided that it shall
17 not be less advantageous to the Authority than any valid bid
18 received pursuant to advertisement.
19 The Board shall adopt rules and regulations to carry into
20 effect the provisions of this Section.
21 (Source: P.A. 83-911.)
22 (70 ILCS 280/2-25) (from Ch. 85, par. 2825)
23 Section 2-130. Bids and advertisements. Advertisements
24 Sec. 2-25. Advertisement for bids shall be published at
25 least twice in a daily newspaper of general circulation
26 published in the metropolitan area, the last publication to
27 be at least 10 calendar days before the time for receiving
28 bids, and such advertisements shall also be posted on readily
29 accessible bulletin boards in the principal office of the
30 Authority. Such advertisements shall state the time and
31 place for receiving and opening of bids, and, by reference to
32 plans and specifications on file at the time of the first
33 publication, or in the advertisement itself, shall describe
-1086- LRB9000879DJcd
1 the character of the proposed contract in sufficient detail
2 to fully advise prospective bidders of their obligations and
3 to ensure insure free and open competitive bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * * (nonstandard provisions contained in Section
23 220-25) * * *
24 (Source: P.A. 83-911.)
25 (70 ILCS 280/2-26) (from Ch. 85, par. 2826)
26 Section 2-135. Report and financial statement. Sec.
27 2-26. As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
32 for distribution to persons interested, upon request and a
33 copy thereof shall be filed with the county clerk and the
-1087- LRB9000879DJcd
1 appointing officers.
2 (Source: P.A. 83-911.)
3 (70 ILCS 280/2-27) (from Ch. 85, par. 2827)
4 Section 2-140. State financial support. Sec. 2-27. The
5 Authority created by this Article Act shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act.
8 (Source: P.A. 83-911.)
9 (70 ILCS 280/2-28) (from Ch. 85, par. 2828)
10 Section 2-145. Antitrust laws. Sec. 2-28. The Authority
11 is hereby expressly made the beneficiary of the provisions of
12 Section 1 of the Local Government Antitrust Exemption Act "An
13 Act to make explicit the authorization for units of local
14 government and certain other governmental bodies to act as
15 permitted by statute or the Illinois Constitution,
16 notwithstanding effects on competition", amendatory veto
17 overridden November 3, 1983, and the General Assembly intends
18 that the "State action exemption" to the application of the
19 federal antitrust anti-trust laws be fully available to the
20 Authority to the extent its activities are either (1)
21 expressly or by necessary implication authorized by this
22 Article Act or other Illinois law, or (2) within traditional
23 areas of local governmental activity.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 280/2-29) (from Ch. 85, par. 2829)
26 Section 2-150. Tax exemption. Sec. 2-29. All property
27 of the Authority shall be exempt from taxation by the State
28 or any taxing unit therein.
29 (Source: P.A. 83-1456.)
30 PART 225. RANDOLPH COUNTY CIVIC CENTER
-1088- LRB9000879DJcd
1 (70 ILCS 325/1-1) (from Ch. 85, par. 7001-1)
2 Section 2-3. Purpose. Sec. 1-1. The purpose of this
3 Article Act is to accomplish the aims of the State of
4 Illinois to enhance the ability of its citizens to avail
5 themselves of civic and cultural centers geographically
6 situated throughout the entire State of Illinois.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/1-2) (from Ch. 85, par. 7001-2)
9 Section 225-1. Short title. Sec. 1-2.* * * (nonstandard
10 provisions contained in Section 225-1) * * *.
11 (Source: P.A. 86-907; 86-1028.)
12 (70 ILCS 325/1-3) (from Ch. 85, par. 7001-3)
13 Section 2-5. Definitions. Sec. 1-3. When used In this
14 Article:
15 * * *(nonstandard provisions contained in Section 225-5)
16 * * *
17 "Governmental agency" means the federal government, the
18 State, and any unit of local government or school district
19 governmental body, and any agency or instrumentality,
20 corporate or otherwise, thereof.
21 "Person" means any individual, firm, partnership,
22 corporation, both domestic and foreign, company, association
23 or joint stock association; and includes any trustee,
24 receiver, assignee or personal representative thereof.
25 * * * (nonstandard provisions contained in Section 225-5)
26 * * *
27 (Source: P.A. 86-907; 86-1028.)
28 (70 ILCS 325/1-4) (from Ch. 85, par. 7001-4)
29 Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
30 (nonstandard provisions contained in Section 225-10) * * *
31 (a) The Authority may sue and be sued in its corporate
-1089- LRB9000879DJcd
1 name, but execution shall not in any case issue against any
2 property of the Authority.
3 (b) The Authority It may adopt a common seal and change
4 the same at its pleasure. * * * (nonstandard provisions
5 contained in Section 225-10) * * *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/1-5) (from Ch. 85, par. 7001-5)
8 Section 2-15. Duties; auditorium, recreational, and other
9 buildings; lease of space. Sec. 1-5. It shall be the duty of
10 the Authority to promote, operate and maintain expositions,
11 conventions, and theatrical, sports and cultural activities
12 from time to time in the metropolitan area and in connection
13 therewith to arrange, finance and maintain industrial,
14 cultural, educational, theatrical, sports, trade and
15 scientific exhibits and to construct, equip and maintain
16 auditorium, exposition, recreational and office buildings for
17 such purposes.
18 The provision of office space for lease and rental and
19 the lease of air space over and appurtenant to such
20 structures shall be deemed an integral function of the
21 Authority.
22 The Authority is granted all rights and powers necessary
23 to perform such duties.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/1-6) (from Ch. 85, par. 7001-6)
26 Section 2-20. Rights and powers, including eminent
27 domain. Sec. 1-6. The Authority shall have the following
28 rights and powers duties:
29 (a) To acquire, purchase, own, construct, lease as
30 lessee or in any other way acquire, improve, extend, repair,
31 reconstruct, regulate, operate, equip and maintain exhibition
32 centers, civic auditoriums, cultural facilities and office
-1090- LRB9000879DJcd
1 buildings, including sites and parking areas and commercial
2 facilities therefor located within the metropolitan area; .
3 (b) To plan for such grounds, centers and auditoriums
4 and to plan, sponsor, hold, arrange and finance fairs,
5 industrial, cultural, educational, trade and scientific
6 exhibits, shows and events and to use or allow the use of
7 such grounds, centers, and auditoriums for the holding of
8 fairs, exhibits, shows and events whether conducted by the
9 Authority or some other person or governmental agency; .
10 (c) To exercise the right of eminent domain to acquire
11 sites for such grounds, centers, buildings and auditoriums,
12 and parking areas and facilities in the manner provided for
13 the exercise of the right of eminent domain under Article VII
14 of the Code of Civil Procedure, as now or hereafter amended;.
15 (d) To fix and collect just, reasonable and
16 nondiscriminatory charges and rents for the use of such
17 parking areas and facilities, grounds, centers, buildings and
18 auditoriums and admission charges to fairs, shows, exhibits
19 and events sponsored or held by the Authority. The charges
20 collected may be made available to defray the reasonable
21 expenses of the Authority and to pay the principal of, and
22 the interest on, any bonds issued by the Authority; .
23 (e) To enter into contracts treating in any manner with
24 the objects and purposes of this Article Act.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/1-7) (from Ch. 85, par. 7001-7)
27 Section 2-25. Incurring obligations. Sec. 1-7. The
28 Authority shall not incur any obligations for salaries, or
29 for office or administrative expenses except within the
30 amounts of funds that which will be available to it when such
31 obligations become payable.
32 (Source: P.A. 86-907.)
-1091- LRB9000879DJcd
1 (70 ILCS 325/1-8) (from Ch. 85, par. 7001-8)
2 Section 2-35. Acquisition of property from person, State,
3 or local agency. Sec. 1-8. The Authority shall have power
4 (i) to acquire and accept by purchase, lease, gift or
5 otherwise any property or rights useful for the Authority's
6 purposes from any person or persons, from any municipal
7 corporation, body politic, or agency of the State, or from
8 the State itself, useful for its purposes, and (ii) to apply
9 for and accept grants, matching grants, loans or
10 appropriations from the State of Illinois or any agency or
11 instrumentality thereof to be used for any of the purposes of
12 the Authority, and (iii) to enter into any agreement with the
13 State of Illinois in relation to such grants, matching
14 grants, loans or appropriations.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/1-9) (from Ch. 85, par. 7001-9)
17 Section 2-40. Federal money. Sec. 1-9. The Authority
18 shall have the power (i) to apply for and accept grants,
19 matching grants, loans or appropriations from the federal
20 government or any agency or instrumentality thereof to be
21 used for any of the purposes of the Authority and (ii) to
22 enter into any agreement with the federal government in
23 relation to such grants, matching grants, loans or
24 appropriations.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/1-10) (from Ch. 85, par. 7001-10)
27 Section 2-45. Insurance. Sec. 1-10. The Authority shall
28 have the power to procure and enter into contracts for any
29 type of insurance and indemnity against loss or damage to
30 property from any cause, against loss of use and occupancy,
31 against employers' liability, against any act of any member,
32 officer, or employee of the Board or Authority in the
-1092- LRB9000879DJcd
1 performance of the duties of the his office or employment,
2 and against or any other insurable risk.
3 (Source: P.A. 86-907.)
4 (70 ILCS 325/1-11) (from Ch. 85, par. 7001-11)
5 Section 2-50. Borrowing; revenue bonds; suits to compel
6 performance. Sec. 1-11. The Authority shall have continuing
7 power to borrow money for the purpose of carrying out and
8 performing its duties and exercising its powers under this
9 Article Act.
10 For the purpose of evidencing the obligation of the
11 Authority to repay any money borrowed as aforesaid, the
12 Authority may, pursuant to an ordinance adopted by the Board,
13 from time to time issue and dispose of its interest bearing
14 revenue bonds, and may also from time to time issue and
15 dispose of its interest bearing revenue bonds to refund any
16 bonds at maturity or pursuant to redemption provisions or at
17 any time before maturity with the consent of the holders
18 thereof. All such bonds shall be payable solely from the
19 revenues or income to be derived from the fairs, expositions,
20 exhibitions, rentals and leases and other authorized
21 activities operated by it, and from funds, if any, received
22 and to be received by the Authority from any other source.
23 Such bonds may bear such date or dates, may mature at such
24 time or times not exceeding 40 years from their respective
25 dates, may bear interest at such rate or rates, not exceeding
26 the maximum rate permitted by the Bond Authorization Act, as
27 now or hereafter amended, may be in such form, may carry
28 such registration privileges, may be executed in such manner,
29 may be payable at such place or places, may be made subject
30 to redemption in such manner and upon such terms, with or
31 without premium as is stated on the face thereof, may be
32 executed in such manner, and may contain such terms and
33 covenants, all as may be provided in said ordinance. In case
-1093- LRB9000879DJcd
1 any officer whose signature appears on any bond ceases (after
2 attaching his signature) to hold office, his signature shall
3 nevertheless be valid and effective for all purposes. The
4 holder or holders of any bonds, or interest coupons
5 appertaining thereto issued by the Authority may bring suits
6 at law or proceedings in equity to compel the performance and
7 observance by the Authority or any of its officers, agents or
8 employees of or any contract or covenant made by the
9 Authority with the holders of such bonds or interest coupons,
10 and to compel the Authority or and any of its officers,
11 agents or employees to perform any duties required to be
12 performed for the benefit of the holders of any such bonds or
13 interest coupons by the provisions of the ordinance
14 authorizing their issuance, and to enjoin the Authority and
15 any of its officers, agents or employees from taking any
16 action in conflict with any such contract or covenant.
17 Notwithstanding the form and tenor of any such bonds and
18 in the absence of any express recital on the face thereof
19 that it is non-negotiable, all such bonds shall be negotiable
20 instruments under the Uniform Commercial Code, as now or
21 hereafter amended.
22 From and after the issuance of any bonds as herein
23 provided it shall be the duty of the corporate authorities of
24 the Authority to fix and establish rates, charges, rents, and
25 fees for the use of facilities acquired, constructed,
26 reconstructed, extended or improved with the proceeds of the
27 sale of said bonds sufficient at all times, with other
28 revenues of the Authority, to pay:
29 (a) the cost of maintaining, repairing, regulating and
30 operating the said facilities; and
31 (b) the bonds and interest thereon as they shall become
32 due, and all sinking fund requirements and other requirements
33 provided by the ordinance authorizing the issuance of the
34 bonds or as provided by any trust agreement executed to
-1094- LRB9000879DJcd
1 secure payment thereof.
2 To secure the payment of any or all of such bonds and for
3 the purpose of setting forth the covenants and undertakings
4 of the Authority in connection with the issuance thereof and
5 the issuance of any additional bonds payable from such
6 revenue income to be derived from the fairs, recreational,
7 theatrical, and cultural, expositions, sports activities,
8 exhibitions, office rentals, and air space leases and
9 rentals, and from other revenue, if any, the Authority may
10 execute and deliver a trust agreement or agreements; provided
11 that no lien upon any physical property of the Authority
12 shall be created thereby.
13 A remedy for any breach or default of the terms of any
14 such trust agreement by the Authority may be by mandamus
15 proceedings in any court of competent jurisdiction to compel
16 performance and compliance therewith, but the trust agreement
17 may prescribe by whom or on whose behalf such action may be
18 instituted.
19 Before any such bonds (excepting refunding bonds) are
20 sold, the entire authorized issue, or any part thereof, shall
21 be offered for sale as a unit after advertising for bids at
22 least 3 times in a daily newspaper of general circulation
23 published in the metropolitan area, the last publication to
24 be at least 10 days before bids are required to be filed.
25 Copies of such advertisement may be published in any
26 newspaper or financial publication in the United States. All
27 bids shall be sealed, filed and opened as provided by
28 ordinance and the bonds shall be awarded to the highest and
29 best bidder or bidders therefor. The Authority shall have
30 the right to reject all bids and to readvertise for bids in
31 the manner provided for in the initial advertisement.
32 However, if no bids are received, such bonds may be sold at
33 not less than par value, without further advertising, within
34 60 days after the bids are required to be filed pursuant to
-1095- LRB9000879DJcd
1 any advertisement.
2 (Source: P.A. 86-907; 86-1028.)
3 (70 ILCS 325/1-12) (from Ch. 85, par. 7001-12)
4 Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
5 Under no circumstances shall any bonds issued by the
6 Authority be or become an indebtedness or obligation of the
7 State of Illinois or of any political subdivision of or
8 municipality within the State, nor shall any such bond or
9 obligation be or become an indebtedness of the Authority
10 within the purview of any constitutional limitation or
11 provision, and it shall be plainly stated on the face of each
12 such bond that it does not constitute such an indebtedness or
13 obligation but is payable solely from the revenues or income
14 as provided in this Article. aforesaid.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/1-13) (from Ch. 85, par. 7001-13)
17 Section 2-60. Investment in bonds. Sec. 1-13. The State
18 and all counties, cities, villages, incorporated towns and
19 other municipal corporations, political subdivisions and
20 public bodies, and public officers of any thereof; , all
21 banks, bankers, trust companies, savings banks and
22 institutions, building and loan associations, savings and
23 loan associations, investment companies, and other persons
24 carrying on an insurance business; and all executors,
25 administrators, guardians, trustees and other fiduciaries may
26 legally invest any sinking funds, moneys or other funds
27 belonging to them or within their control in any bonds issued
28 pursuant to this Article Act, it being the purpose of this
29 Section to authorize the investment in such bonds of all
30 sinking, insurance, retirement, compensation, pension and
31 trust funds, whether owned or controlled by private or public
32 persons or officers; provided, however, that nothing
-1096- LRB9000879DJcd
1 contained in this Section may be construed as relieving any
2 person from any duty of exercising reasonable care in
3 selecting securities for investment.
4 (Source: P.A. 86-907.)
5 (70 ILCS 325/1-14) (from Ch. 85, par. 7001-14)
6 Section 2-75. Board members; financial matters; conflict
7 of interest. Sec. 1-14.* * * (nonstandard provisions
8 contained in Section 225-15) * * * The members of the Board
9 shall serve without compensation, but shall be reimbursed
10 for actual expenses incurred by them in the performance of
11 their duties.
12 No member of the Board or employee of the Authority shall
13 have any private financial interest, profit or benefit in any
14 contract, work or business of the Authority or nor in the
15 sale or lease of any property to or from the Authority.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/1-15) (from Ch. 85, par. 7001-15)
18 Section 2-80. Board members' oath. Sec. 1-15.* * *
19 (nonstandard provisions contained in Section 225-20) * * *
20 Within 30 days after certification of his appointment, and
21 before entering upon the duties of his office, each member
22 of the Board shall take and subscribe the constitutional oath
23 of office and file it in the office of the Secretary of
24 State.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/1-16) (from Ch. 85, par. 7001-16)
27 Section 2-85. Board members; vacancy in office. Sec.
28 1-16. Members of the Board shall hold office until their
29 respective successors have been appointed and qualified. Any
30 member may resign from his office; the resignation takes to
31 take effect when the member's his successor has been
-1097- LRB9000879DJcd
1 appointed and has qualified. * * * (nonstandard provisions
2 contained in Section 225-25) * * *
3 In case of failure to qualify within the time required, or of abandonment of his office, or in case of death,
5 conviction of a felony or removal from office, a member's his
6 office shall become vacant. Each vacancy shall be filled for
7 the unexpired term by appointment in like manner, as in the
8 case of expiration of the term of a member of the Board.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/1-17) (from Ch. 85, par. 7001-17)
11 Section 2-90. Organization of the Board. Sec. 1-17. As
12 soon as practicably possible after the appointment of the
13 initial members, the Board shall organize for the transaction
14 of business, select a chairman and a temporary secretary from
15 its own number, and adopt by-laws bylaws and regulations to
16 govern its proceedings. The initial chairman and his
17 successors shall be elected by the Board from time to time
18 for the term of the chairman's his office as a member of the
19 Board or for the term of 3 years, whichever is shorter.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/1-18) (from Ch. 85, par. 7001-18)
22 Section 2-95. Meetings; action by 5 Board members. Sec.
23 1-18. Regular meetings of the Board shall be held at least
24 once in each calendar month, the time and place of such
25 meetings to be fixed by the Board.
26 Five members of the Board shall constitute a quorum for
27 the transaction of business. All actions of the Board shall
28 be by ordinance or resolution and the affirmative vote of at
29 least 5 members shall be necessary for the adoption of any
30 ordinance or resolution.
31 All ordinances, resolutions and all proceedings of the
32 Authority and all documents and records in its possession
-1098- LRB9000879DJcd
1 shall be public records, and open to public inspection,
2 except such documents and records as shall be kept or
3 prepared by the Board for use in negotiations, actions action
4 or proceedings to which the Authority is a party.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/1-19) (from Ch. 85, par. 7001-19)
7 Section 2-100. Secretary; treasurer. Sec. 1-19. The
8 Board shall appoint a secretary and a treasurer, who need not
9 be members of the Board, to hold office during the pleasure
10 of the Board, and shall fix their duties and compensation.
11 Before entering upon the duties of their respective offices,
12 they shall take and subscribe the constitutional oath of
13 office, and the treasurer shall execute a bond with corporate
14 sureties to be approved by the Board. The bond shall be
15 payable to the Authority in whatever penal sum may be
16 directed upon the faithful performance of the duties of the
17 office and the payment of all money received by the treasurer
18 him according to law and the orders of the Board. The Board
19 may, at any time, require a new bond from the treasurer in a
20 such penal sum as may then be determined by the Board. The
21 obligation of the sureties shall not extend to any loss
22 sustained by the insolvency, failure or closing of any
23 national or state bank wherein the treasurer has deposited
24 funds if the bank has been approved by the Board as a
25 depositary depository for those these funds. The oaths of
26 office and the treasurer's bond bonds shall be filed in the
27 principal office of the Authority.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/1-20) (from Ch. 85, par. 7001-20)
30 Section 2-105. Funds. Sec. 1-20. All funds deposited by
31 the treasurer in any bank shall be placed in the name of the
32 Authority and shall be withdrawn or paid out only by check or
-1099- LRB9000879DJcd
1 draft upon the bank, signed by the treasurer and
2 countersigned by the chairman of the Board. The Board may
3 designate any of its members or any officer or employee of
4 the Authority to affix the signature of the chairman and
5 another to affix the signature of the treasurer to any check
6 or draft for payment of salaries or wages and for payment of
7 any other obligation of not more than $2,500.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/1-21) (from Ch. 85, par. 7001-21)
10 Section 2-110. Signatures on checks or drafts. Sec. 1-21.
11 In case any officer whose signature appears upon any check or
12 draft issued pursuant to this Article Act ceases to hold
13 office (after attaching his or her signature) to hold his
14 office and before the delivery of the check or draft thereof
15 to the payee, that his signature, nevertheless, shall be
16 valid and sufficient for all purposes with the same effect as
17 if the officer he had remained in office until delivery.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/1-22) (from Ch. 85, par. 7001-22)
20 Section 2-115. General manager; other appointments. Sec.
21 1-22. The Board may appoint a general manager who shall be a
22 person of recognized ability and business experience, to hold
23 office during the pleasure of the Board. The general manager
24 shall have management of the properties and business of the
25 Authority and of the employees thereof subject to the general
26 control of the Board, shall direct the enforcement of all
27 ordinances, resolutions, rules and regulations of the Board,
28 and shall perform such other duties as may be prescribed from
29 time to time by the Board.
30 The Board may appoint a general attorney and a chief
31 engineer and shall provide for the appointment of such other
32 officers, attorneys, engineers, planners, consultants, agents
-1100- LRB9000879DJcd
1 and employees as may be necessary. The Board It shall define
2 their duties and require bonds of such of them as the Board
3 may designate.
4 The general manager, general attorney, chief engineer,
5 and all other officers provided for, pursuant to this
6 Section, shall be exempt from taking and subscribing any oath
7 of office and shall not be members of the Board.
8 The compensation of the general manager, general
9 attorney, chief engineer, and all other officers, attorneys,
10 planners, consultants, agents and employees shall be fixed by
11 the Board.
12 (Source: P.A. 86-907.)
13 (70 ILCS 325/1-23) (from Ch. 85, par. 7001-23)
14 Section 2-122. Rules and regulations; penalties. Sec.
15 1-23. The Board shall have power to make all rules and
16 regulations, proper or necessary, to carry into effect the
17 powers granted to the Authority, with such penalties as may
18 be deemed proper.
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/1-24) (from Ch. 85, par. 7001-24)
21 Section 2-125. Contracts; award to other than highest or
22 lowest bidder by vote of 5 Board members. Sec. 1-24. All
23 contracts for the sale of property of the value of more than
24 $2,500 or for a concession in or lease of property,
25 including air rights, of the Authority for a term of more
26 than one year shall be awarded to the highest responsible
27 bidder, after advertising for bids. All construction
28 contracts and contracts for supplies, materials, equipment
29 and services, when the expense thereof will exceed $2,500,
30 shall be let to the lowest responsible bidder after
31 advertising for bids, excepting (1) when repair parts,
32 accessories, equipment or services are required for equipment
-1101- LRB9000879DJcd
1 or services previously furnished or contracted for; (2) when
2 the nature of the services required is such that competitive
3 bidding is not in the best interest of the public, including,
4 without limiting the generality of the foregoing, the
5 services of accountants, architects, attorneys, engineers,
6 physicians, superintendents of construction, and others
7 possessing a high degree of skill; and (3) when services such
8 as water, light, heat, power, telephone or telegraph are
9 required.
10 All contracts involving less than $2,500 shall be let by
11 competitive bidding to the lowest responsible bidder whenever
12 possible, and, in any event, in a manner calculated to
13 ensure insure the best interests of the public. Competitive
14 bidding is not required for the lease of real estate or
15 buildings owned or controlled by the Authority. The Board is
16 empowered to offer such leases upon such terms as it deems
17 advisable.
18 In determining the responsibility of any bidder, the
19 Board may take into account the past record records of
20 dealings with the bidder, the bidder's experience, adequacy
21 of equipment, and ability to complete performance within the
22 time set, and other factors besides financial responsibility,
23 but in no case shall any such contracts be awarded to any
24 other than the highest bidder (in case of sale, concession or
25 lease) or the lowest bidder (in case of purchase or
26 expenditure) unless authorized or approved by a vote of at
27 least 5 members of the Board, and unless such action is
28 accompanied by a statement in writing setting forth the
29 reasons for not awarding the contract to the highest or
30 lowest bidder, as the case may be, which statement shall be
31 kept on file in the principal office of the Authority and
32 open to public inspection.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
-1102- LRB9000879DJcd
1 consanguinity by the terms of the civil law, are forbidden
2 to be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract without competitive bidding, provided that it shall
10 not be less advantageous to the Authority than any valid bid
11 received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 (Source: P.A. 86-907.)
15 (70 ILCS 325/1-25) (from Ch. 85, par. 7001-25)
16 Section 2-130. Bids and advertisements. Sec. 1-25.
17 Advertisements for bids shall be published at least twice in
18 a daily newspaper of general circulation published in the
19 metropolitan area, the last publication to be at least 10
20 calendar days before the time for receiving bids, and such
21 advertisements shall also be posted on readily accessible
22 bulletin boards in the principal office of the Authority.
23 Such advertisements shall state the time and place for
24 receiving and opening of bids and, by reference to plans and
25 specifications on file for receiving and opening of bids and
26 by reference to plans and specifications on file at the time
27 of the first publication, or in the advertisement itself,
28 shall describe the character of the proposed contract in
29 sufficient detail to fully advise prospective bidders of
30 their obligations and to ensure insure free and open
31 competitive bidding.
32 All bids in response to advertisements shall be sealed
33 and shall be publicly opened by the Board, and all bidders
-1103- LRB9000879DJcd
1 shall be entitled to be present in person or by
2 representatives. Cash or a certified or satisfactory
3 cashier's check, as a deposit of good faith, in a
4 reasonable amount to be fixed by the Board before advertising
5 for bids, shall be required with the proposal of each
6 bidder. Bond for faithful performance of the contract with
7 surety or sureties satisfactory to the Board and adequate
8 insurance may be required in reasonable amounts to be fixed
9 by the Board before advertising for bids.
10 The contract shall be awarded as promptly as possible
11 after the opening of bids. The bid of the successful bidder,
12 as well as the bids of the unsuccessful bidders, shall be
13 placed on file and be open to public inspection. All bids
14 shall be void if any disclosure of the terms of any bid in
15 response to an advertisement is made or permitted to be made
16 by the Board before the time fixed for opening bids.
17 * * * (nonstandard provisions contained in Section
18 225-30) * * *
19 (Source: P.A. 86-907.)
20 (70 ILCS 325/1-26) (from Ch. 85, par. 7001-26)
21 Section 2-135. Report and financial statement. Sec. 1-26.
22 As soon after the end of each fiscal year as may be
23 expedient, the Board shall cause to be prepared and printed a
24 complete and detailed report and financial statement of its
25 operations and of its assets and liabilities. A reasonably
26 sufficient number of copies of such report shall be printed
27 for distribution to persons interested upon request and a
28 copy thereof shall be filed with the county clerk and the
29 appointing officers.
30 (Source: P.A. 86-907.)
31 (70 ILCS 325/1-27) (from Ch. 85, par. 7001-27)
32 Section 2-140. State financial support. Sec. 1-27. The
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1 Authority created by this Article Act shall receive
2 financial support from the State in the amounts provided for
3 in Section 4 of the Metropolitan Civic Center Support Act, as
4 now or hereafter amended.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/1-28) (from Ch. 85, par. 7001-28)
7 Section 2-145. Antitrust laws. Sec. 1-28. The Authority
8 is hereby expressly made the beneficiary of the provisions
9 of Section 1 of the Local Government Antitrust Exemption Act
10 "An Act to make explicit the authorization for units of local
11 government and certain other governmental bodies to act as
12 permitted by statute or the Illinois Constitution,
13 notwithstanding effects on competition", amendatory veto
14 overridden November 3, 1983, as now or hereafter amended, and
15 the General Assembly intends that the "State action
16 exemption" to the application of the federal antitrust laws
17 be fully available to the Authority to the extent its
18 activities are either (1) expressly or by necessary
19 implication authorized by this Article or other Illinois law,
20 or (2) within traditional areas of local governmental
21 activity.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/1-29) (from Ch. 85, par. 7001-29)
24 Section 2-150. Tax exemption. Sec. 1-29. All property of
25 the Authority shall be exempt from taxation by the State or
26 any taxing unit therein.
27 (Source: P.A. 86-907.)
28 (70 ILCS 325/1-30) (from Ch. 85, par. 7001-30)
29 Section 2-30. Prompt payment. Sec. 1-30. Purchases made
30 under pursuant to this Article Act shall be made in
31 compliance with the Local Government Prompt Payment Act.
-1105- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 PART 230. RIVER FOREST CIVIC CENTER
3 (70 ILCS 330/1) (from Ch. 85, par. 3301)
4 Section 2-3. Purpose. Sec. 1. The purpose of this
5 Article Act is to accomplish the aims of the State of
6 Illinois to enhance the ability of its citizens to avail
7 themselves of civic and cultural centers geographically
8 situated throughout the entire State of Illinois.
9 (Source: P.A. 83-1451.)
10 (70 ILCS 330/2) (from Ch. 85, par. 3302)
11 Section 230-1. Short title. Sec. 2. * * * (nonstandard
12 provisions contained in Section 230-1) * * *
13 (Source: P.A. 83-1451.)
14 (70 ILCS 330/3) (from Ch. 85, par. 3303)
15 Section 2-5. Definitions. Sec. 3. When used In this
16 Article Act:
17 * * * (nonstandard provisions contained in Section 230-5)
18 * * *
19 "Governmental agency" means the federal government, the
20 State, and any unit of local government or school district
21 governmental body, and any agency or instrumentality,
22 corporate or otherwise, thereof.
23 "Person" means any individual, firm, partnership,
24 corporation, both domestic and foreign, company, association
25 or joint stock association; and includes any trustee,
26 receiver, assignee or personal representative thereof.
27 * * * (nonstandard provisions contained in Section 230-5)
28 * * *
29 (Source: P.A. 83-1451.)
30 (70 ILCS 330/4) (from Ch. 85, par. 3304)
-1106- LRB9000879DJcd
1 Section 2-10. Lawsuits; common seal. Sec. 4. * * *
2 (nonstandard provisions contained in Section 230-10) * * *
3 (a) The Authority may sue and be sued in its corporate
4 name but execution shall not in any case issue against any
5 property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * * (nonstandard provisions
8 contained in Section 230-10) * * *
9 (Source: P.A. 83-1451.)
10 (70 ILCS 330/5) (from Ch. 85, par. 3305)
11 Section 2-16. Duties; auditorium and other buildings;
12 lease of space. Sec. 5. It shall be the duty of the
13 Authority to promote, operate and maintain expositions,
14 conventions, and theatrical, sports and cultural activities
15 from time to time in the metropolitan area and in connection
16 therewith to arrange, finance and maintain industrial,
17 cultural, educational, theatrical, sports, trade and
18 scientific exhibits and to construct, equip and maintain
19 auditorium, exposition and office buildings for such
20 purposes.
21 The provision of office space for rental and lease and
22 rental and the lease of air space over and appurtenant to
23 such structures shall be deemed an integral function of the
24 Authority.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 (Source: P.A. 83-1451.)
28 (70 ILCS 330/6) (from Ch. 85, par. 3306)
29 Section 2-20. Rights and powers, including eminent
30 domain. Sec. 6. The Authority shall have the following
31 rights and powers duties:
32 (a) To acquire, purchase, own, construct, lease as
-1107- LRB9000879DJcd
1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain exhibition
3 centers, civic auditoriums, cultural facilities and office
4 buildings, including sites and parking areas and commercial
5 facilities therefor located within the metropolitan area;
6 (b) To plan for such grounds, centers and auditoriums
7 and to plan, sponsor, hold, arrange and finance fairs,
8 industrial, cultural, educational, trade and scientific
9 exhibits, shows and events and to use or allow the use of
10 such grounds, centers, and auditoriums for the holding of
11 fairs, exhibits, shows and events whether conducted by the
12 Authority or some other person or governmental agency;
13 (c) To exercise the right of eminent domain to acquire
14 sites for such grounds, centers, buildings and auditoriums,
15 and parking areas and facilities in the manner provided for
16 the exercise of the right of eminent domain under Article VII
17 of the Code of Civil Procedure, as amended;
18 (d) To fix and collect just, reasonable and
19 nondiscriminatory charges and rents for the use of such
20 parking areas and facilities, grounds, centers, buildings and
21 auditoriums and admission charges to fairs, shows, exhibits
22 and events sponsored or held by the Authority. The charges
23 collected may be made available to defray the reasonable
24 expenses of the Authority and to pay the principal of and the
25 interest on any bonds issued by the Authority;
26 (e) To enter into contracts treating in any manner with
27 the objects and purposes of this Article Act.
28 (Source: P.A. 83-1451.)
29 (70 ILCS 330/7) (from Ch. 85, par. 3307)
30 Section 2-25. Incurring obligations. Sec. 7. The
31 Authority shall not incur any obligations for salaries or
32 for, office or administrative expenses except within the
33 amounts of funds that which will be available to it when such
-1108- LRB9000879DJcd
1 obligations become payable.
2 (Source: P.A. 83-1451.)
3 (70 ILCS 330/7.1) (from Ch. 85, par. 3307.1)
4 Section 2-30. Prompt payment. Sec. 7.1. Purchases made
5 under pursuant to this Article Act shall be made in
6 compliance with the the "Local Government Prompt Payment
7 Act", approved by the Eighty-fourth General Assembly.
8 (Source: P.A. 84-731.)
9 (70 ILCS 330/8) (from Ch. 85, par. 3308)
10 Section 2-35. Acquisition of property from person,
11 State, or local agency. Sec. 8. The Authority shall have
12 power (i) to acquire and accept by purchase, lease, gift or
13 otherwise any property or rights useful for the Authority's
14 purposes from any person or persons, from any municipal
15 corporation, body politic, or agency of the State, or from
16 the State itself, useful for its purposes, and (ii) to apply
17 for and accept grants, matching grants, loans or
18 appropriations from the State of Illinois or any agency or
19 instrumentality thereof to be used for any of the purposes of
20 the Authority, and (iii) to enter into any agreement with the
21 State of Illinois in relation to such grants, matching
22 grants, loans or appropriations.
23 (Source: P.A. 83-1451.)
24 (70 ILCS 330/9) (from Ch. 85, par. 3309)
25 Section 2-40. Federal money. Sec. 9. The Authority
26 shall have the power (i) to apply for and accept grants,
27 matching grants, loans or appropriations from the federal
28 government or any agency or instrumentality thereof to be
29 used for any of the purposes of the Authority and (ii) to
30 enter into any agreement with the federal government in
31 relation to such grants, matching grants, loans or
-1109- LRB9000879DJcd
1 appropriations.
2 (Source: P.A. 83-1451.)
3 (70 ILCS 330/10) (from Ch. 85, par. 3310)
4 Section 2-45. Insurance. Sec. 10. The Authority shall
5 have the power to procure and enter into contracts for any
6 type of insurance and indemnity against loss or damage to
7 property from any cause, against loss of use and occupancy,
8 against employers' liability, against any act of any member,
9 officer, or employee of the Board or Authority in the
10 performance of the duties of the his office or employment,
11 and against or any other insurable risk.
12 (Source: P.A. 83-1451.)
13 (70 ILCS 330/11) (from Ch. 85, par. 3311)
14 Section 2-50. Borrowing; revenue bonds; suits to compel
15 performance. Sec. 11. The Authority shall have continuing
16 power to borrow money for the purpose of carrying out and
17 performing its duties and exercising its powers under this
18 Article Act.
19 For the purpose of evidencing the obligation of the
20 Authority to repay any money borrowed as aforesaid, the
21 Authority may, pursuant to an ordinance adopted by the Board,
22 from time to time issue and dispose of its interest bearing
23 revenue bonds, and may also from time to time issue and
24 dispose of its interest bearing revenue bonds to refund any
25 bonds at maturity or pursuant to redemption provisions or at
26 any time before maturity with the consent of the holders
27 thereof. All such bonds shall be payable solely from the
28 revenues or income to be derived from the fairs, expositions,
29 exhibitions, rentals and leases and other authorized
30 activities operated by it, and from funds, if any, received
31 and to be received by the Authority from any other source.
32 Such bonds may bear such date or dates, may mature at such
-1110- LRB9000879DJcd
1 time or times not exceeding 40 forty years from their
2 respective dates, may bear interest at such rate or rates,
3 not exceeding the maximum rate permitted by the Bond
4 Authorization Act "An Act to authorize public corporations to
5 issue bonds, other evidences of indebtedness and tax
6 anticipation warrants subject to interest rate limitations
7 set forth therein", approved May 26, 1970, as amended, may be
8 in such form, may carry such registration privileges, may be
9 executed in such manner, may be payable at such place or
10 places, may be made subject to redemption in such manner and
11 upon such terms, with or without premium as is stated on the
12 face thereof, may be executed in such manner, and may contain
13 such terms and covenants, all as may be provided in said
14 ordinance. In case any officer whose signature appears on any
15 bond ceases (after attaching his signature) to hold office,
16 his signature shall nevertheless be valid and effective for
17 all purposes. The holder or holders of any bonds, or interest
18 coupons appertaining thereto issued by the Authority may
19 bring suits at law or proceedings in equity to compel the
20 performance and observance by the Authority or any of its
21 officers, agents or employees of or any contract or covenant
22 made by the Authority with the holders of such bonds or
23 interest coupons, and to compel the Authority or and any of
24 its officers, agents or employees to perform any duties
25 required to be performed for the benefit of the holders of
26 any such bonds or interest coupons by the provisions of the
27 ordinance authorizing their issuance, and to enjoin the
28 Authority and any of its officers, agents or employees from
29 taking any action in conflict with any such contract or
30 covenant.
31 Notwithstanding the form and tenor of any such bonds and
32 in the absence of any express recital on the face thereof
33 that it is non-negotiable, all such bonds shall be negotiable
34 instruments under the Uniform Commercial Code.
-1111- LRB9000879DJcd
1 From and after the issuance of any bonds as herein
2 provided it shall be the duty of the corporate authorities of
3 the Authority to fix and establish rates, charges, rents, and
4 fees for the use of facilities acquired, constructed,
5 reconstructed, extended or improved with the proceeds of the
6 sale of said bonds sufficient at all times, with other
7 revenues of the Authority, to pay:
8 (a) the cost of maintaining, repairing, regulating and
9 operating the said facilities; and
10 (b) the bonds and interest thereon as they shall become
11 due, and all sinking fund requirements and other requirements
12 provided by the ordinance authorizing the issuance of the
13 bonds or as provided by any trust agreement executed to
14 secure payment thereof.
15 To secure the payment of any or all of such bonds and for
16 the purpose of setting forth the covenants and undertakings
17 of the Authority in connection with the issuance thereof and
18 the issuance of any additional bonds payable from such
19 revenue income to be derived from the fairs, recreational,
20 theatrical, and cultural, expositions, sports sport
21 activities, exhibitions, office rentals, and air space leases
22 and rentals, and from other revenue, if any, the Authority
23 may execute and deliver a trust agreement or agreements;
24 provided that no lien upon any physical property of the
25 Authority shall be created thereby.
26 A remedy for any breach or default of the terms of any
27 such trust agreement by the Authority may be by mandamus
28 proceedings in any court of competent jurisdiction to compel
29 performance and compliance therewith, but the trust agreement
30 may prescribe by whom or on whose behalf such action may be
31 instituted.
32 Before any such bonds (excepting refunding bonds) are
33 sold, the entire authorized issue, or any part thereof, shall
34 be offered for sale as a unit after advertising for bids at
-1112- LRB9000879DJcd
1 least 3 three times in a daily newspaper of general
2 circulation published in the metropolitan area, the last
3 publication to be at least 10 ten days before bids are
4 required to be filed. Copies of such advertisement may be
5 published in any newspaper or financial publication in the
6 United States. All bids shall be sealed, filed and opened as
7 provided by ordinance and the bonds shall be awarded to the
8 highest and best bidder or bidders therefor. The Authority
9 shall have the right to reject all bids and to readvertise
10 for bids in the manner provided for in the initial
11 advertisement. However, if no bids are received such bonds
12 may be sold at not less than par value, without further
13 advertising, within 60 days after the bids are required to be
14 filed pursuant to any advertisement.
15 (Source: P.A. 83-1451.)
16 (70 ILCS 330/12) (from Ch. 85, par. 3312)
17 Section 2-55. Bonds; nature of indebtedness. Sec. 12.
18 Under no circumstances shall any bonds issued by the
19 Authority be or become an indebtedness or obligation of the
20 State of Illinois or of any other political subdivision of or
21 municipality within the State, nor shall any such bond or
22 obligation be or become an indebtedness of the Authority
23 within the purview of any constitutional limitation or
24 provision, and it shall be plainly stated on the face of each
25 such bond that it does not constitute such an indebtedness or
26 obligation but is payable solely from the revenues or income
27 as provided in this Article aforesaid.
28 (Source: P.A. 83-1451.)
29 (70 ILCS 330/13) (from Ch. 85, par. 3313)
30 Section 2-60. Investment in bonds. Sec. 13. The State
31 and all counties, cities, villages, incorporated towns and
32 other municipal corporations, political subdivisions and
-1113- LRB9000879DJcd
1 public bodies, and public officers of any thereof;, all
2 banks, bankers, trust companies, savings banks and
3 institutions, building and loan associations, savings and
4 loan associations, investment companies and other persons
5 carrying on an insurance business; and all executors,
6 administrators, guardians, trustees and other fiduciaries may
7 legally invest any sinking funds, moneys or other funds
8 belonging to them or within their control in any bonds issued
9 pursuant to this Article Act, it being the purpose of this
10 Section to authorize the investment in such bonds of all
11 sinking, insurance, retirement, compensation, pension and
12 trust funds, whether owned or controlled by private or public
13 persons or officers; provided, however, that nothing
14 contained in this Section may be construed as relieving any
15 person from any duty of exercising reasonable care in
16 selecting securities for investment.
17 (Source: P.A. 83-1451.)
18 (70 ILCS 330/14) (from Ch. 85, par. 3314)
19 Section 2-75. Board members; financial matters; conflict
20 of interest. Sec. 14. * * * (nonstandard provisions contained
21 in Section 230-15) * * * The members of the Board shall serve
22 without compensation, but shall be reimbursed for actual
23 expenses incurred by them in the performance of their duties.
24 No member of the Board or employee of the Authority shall
25 have any private financial interest, profit or benefit in any
26 contract, work or business of the Authority or nor in the
27 sale or lease of any property to or from the Authority.
28 (Source: P.A. 83-1451.)
29 (70 ILCS 330/15) (from Ch. 85, par. 3315)
30 Section 230-20. Members of Board. Sec. 15. * * *
31 (nonstandard provisions contained in Section 230-20) * * *
32 (Source: P.A. 83-1451.)
-1114- LRB9000879DJcd
1 (70 ILCS 330/16) (from Ch. 85, par. 3316)
2 Section 2-90. Organization of the Board. Sec. 16. As
3 soon as practicably possible after the appointment of the
4 initial members, the Board shall organize for the transaction
5 of business, select a chairman and a temporary secretary from
6 its own number, and adopt by-laws and regulations to govern
7 its proceedings. The initial chairman and his successors
8 shall be elected by the Board from time to time for the term
9 of the chairman's his office as a member of the Board or for
10 the term of 3 years, whichever is shorter.
11 (Source: P.A. 83-1451.)
12 (70 ILCS 330/17) (from Ch. 85, par. 3317)
13 Section 230-25. Meetings; quorum; public records. Sec.
14 17. * * * (nonstandard provisions contained in Section
15 230-25) * * *
16 (Source: P.A. 83-1451.)
17 (70 ILCS 330/18) (from Ch. 85, par. 3318)
18 Section 2-100. Secretary; treasurer. Sec. 18. The Board
19 shall appoint a secretary and a treasurer, who need not be
20 members of the Board, to hold office during the pleasure of
21 the Board, and shall fix their duties and compensation.
22 Before entering upon the duties of their respective offices
23 they shall take and subscribe the constitutional oath of
24 office, and the treasurer shall execute a bond with corporate
25 sureties to be approved by the Board. The bond shall be
26 payable to the Authority in whatever penal sum may be
27 directed upon the faithful performance of the duties of the
28 office and the payment of all money received by the treasurer
29 him according to law and the orders of the Board. The Board
30 may, at any time, require a new bond from the treasurer in a
31 such penal sum as may then be determined by the Board. The
32 obligation of the sureties shall not extend to any loss
-1115- LRB9000879DJcd
1 sustained by the insolvency, failure or closing of any
2 national or state bank wherein the treasurer has deposited
3 funds if the bank has been approved by the Board as a
4 depositary for those these funds. The oaths of office and
5 the treasurer's bond shall be filed in the principal office
6 of the Authority.
7 (Source: P.A. 83-1451.)
8 (70 ILCS 330/19) (from Ch. 85, par. 3319)
9 Section 2-105. Funds. Sec. 19. All funds deposited by
10 the treasurer in any bank shall be placed in the name of the
11 Authority and shall be withdrawn or paid out only by check or
12 draft upon the bank, signed by the treasurer and
13 countersigned by the chairman of the Board. The Board may
14 designate any of its members or any officer or employee of
15 the Authority to affix the signature of the chairman and
16 another to affix the signature of the treasurer to any check
17 or draft for payment of salaries or wages and for payment of
18 any other obligation of not more than $2,500.
19 (Source: P.A. 83-1451.)
20 (70 ILCS 330/20) (from Ch. 85, par. 3320)
21 Section 2-110. Signatures on checks or drafts. Sec. 20.
22 In case any officer whose signature appears upon any check or
23 draft, issued pursuant to this Article Act, ceases (after
24 attaching his signature) to hold his office after attaching
25 his or her signature and before the delivery of the check or
26 draft thereof to the payee, that his signature nevertheless
27 shall be valid and sufficient for all purposes with the same
28 effect as if the officer he had remained in office until
29 delivery.
30 (Source: P.A. 83-1451.)
31 (70 ILCS 330/21) (from Ch. 85, par. 3321)
-1116- LRB9000879DJcd
1 Section 2-115. General manager; other appointments. Sec.
2 21. The Board may appoint a general manager who shall be a
3 person of recognized ability and business experience, to
4 hold office during the pleasure of the Board. The general
5 manager shall have management of the properties and business
6 of the Authority and of the employees thereof subject to the
7 general control of the Board, shall direct the enforcement of
8 all ordinances, resolutions, rules and regulations of the
9 Board, and shall perform such other duties as may be
10 prescribed from time to time by the Board.
11 The Board may appoint a general attorney and a chief
12 engineer and shall provide for the appointment of such other
13 officers, attorneys, engineers, planners, consultants, agents
14 and employees as may be necessary. The Board It shall define
15 their duties and require bonds of such of them as the Board
16 may designate.
17 The general manager, general attorney, chief engineer,
18 and all other officers provided for pursuant to this Section
19 shall be exempt from taking and subscribing any oath of
20 office and shall not be members of the Board.
21 The compensation of the general manager, general
22 attorney, chief engineer, and all other officers, attorneys,
23 planners, consultants, agents and employees shall be fixed by
24 the Board.
25 (Source: P.A. 83-1451.)
26 (70 ILCS 330/22) (from Ch. 85, par. 3322)
27 Section 2-122. Rules and regulations; penalties. Sec.
28 22. The Board shall have power to make all rules and
29 regulations proper or necessary to carry into effect the
30 powers granted to the Authority, with such penalties as may
31 be deemed proper.
32 (Source: P.A. 83-1451.)
-1117- LRB9000879DJcd
1 (70 ILCS 330/23) (from Ch. 85, par. 3323)
2 Section 2-125. Contracts; award to other than highest or
3 lowest bidder by vote of 5 Board members. Sec. 23. All
4 contracts for the sale of property of the value of more than
5 $2,500 or for a concession in or lease of property, including
6 air rights, of the Authority for a term of more than one year
7 shall be awarded to the highest responsible bidder, after
8 advertising for bids. All construction contracts and
9 contracts for supplies, materials, equipment and services,
10 when the expense thereof will exceed $2,500, shall be let to
11 the lowest responsible bidder, after advertising for bids,
12 excepting (1) when repair parts, accessories, equipment or
13 services are required for equipment or services previously
14 furnished or contracted for; (2) when the nature of the
15 services required is such that competitive bidding is not in
16 the best interest of the public, including, without limiting
17 the generality of the foregoing, the services of accountants,
18 architects, attorneys, engineers, physicians, superintendents
19 of construction, and others possessing a high degree of
20 skill; and (3) when services such as water, light, heat,
21 power, telephone or telegraph are required.
22 All contracts involving less than $2,500 shall be let by
23 competitive bidding to the lowest responsible bidder whenever
24 possible, and in any event in a manner calculated to ensure
25 insure the best interests of the public. Competitive bidding
26 is not required for the lease of real estate or buildings
27 owned or controlled by the Authority. The Board is empowered
28 to offer such leases upon such terms as it deems advisable.
29 In determining the responsibility of any bidder, the
30 Board may take into account the past record of dealings with
31 the bidder, the bidder's experience, adequacy of equipment,
32 and ability to complete performance within the time set, and
33 other factors besides financial responsibility, but in no
34 case shall any such contracts be awarded to any other than
-1118- LRB9000879DJcd
1 the highest bidder (in case of sale, concession or lease) or
2 the lowest bidder (in case of purchase or expenditure) unless
3 authorized or approved by a vote of at least 5 members of the
4 Board, and unless such action is accompanied by a statement
5 in writing setting forth the reasons for not awarding the
6 contract to the highest or lowest bidder, as the case may be,
7 which statement shall be kept on file in the principal office
8 of the Authority and open to public inspection.
9 Members of the Board, officers and employees of the
10 Authority, and their relatives within the fourth degree of
11 consanguinity by the terms of the civil law, are forbidden to
12 be interested directly or indirectly in any contract for
13 construction or maintenance work or for the delivery of
14 materials, supplies or equipment.
15 The Board shall have the right to reject all bids and to
16 readvertise for bids. If after any such advertisement no
17 responsible and satisfactory bid, within the terms of the
18 advertisement, shall be received, the Board may award such
19 contract, without competitive bidding, provided that it shall
20 not be less advantageous to the Authority than any valid bid
21 received pursuant to advertisement.
22 The Board shall adopt rules and regulations to carry into
23 effect the provisions of this Section.
24 (Source: P.A. 83-1451.)
25 (70 ILCS 330/24) (from Ch. 85, par. 3324)
26 Section 2-130. Bids and advertisements. Advertisements
27 Sec. 24. Advertisement for bids shall be published at least
28 twice in a daily newspaper of general circulation published
29 in the metropolitan area, the last publication to be at least
30 10 calendar days before the time for receiving bids, and such
31 advertisements shall also be posted on readily accessible
32 bulletin boards in the principal office of the Authority.
33 Such advertisements shall state the time and place for
-1119- LRB9000879DJcd
1 receiving and opening of bids, and, by reference to plans and
2 specifications on file at the time of the first publication,
3 or in the advertisement itself, shall describe the character
4 of the proposed contract in sufficient detail to fully advise
5 prospective bidders of their obligations and to ensure insure
6 free and open competitive bidding.
7 All bids in response to advertisements shall be sealed
8 and shall be publicly opened by the Board, and all bidders
9 shall be entitled to be present in person or by
10 representatives. Cash or a certified or satisfactory
11 cashier's check, as a deposit of good faith, in a reasonable
12 amount to be fixed by the Board before advertising for bids,
13 shall be required with the proposal of each bidder. Bond for
14 faithful performance of the contract with surety or sureties
15 satisfactory to the Board and adequate insurance may be
16 required in reasonable amounts to be fixed by the Board
17 before advertising for bids.
18 The contract shall be awarded as promptly as possible
19 after the opening of bids. The bid of the successful bidder,
20 as well as the bids of the unsuccessful bidders, shall be
21 placed on file and be open to public inspection. All bids
22 shall be void if any disclosure of the terms of any bid in
23 response to an advertisement is made or permitted to be made
24 by the Board before the time fixed for opening bids.
25 * * * (nonstandard provisions contained in Section
26 230-30) * * *
27 (Source: P.A. 83-1451.)
28 (70 ILCS 330/25) (from Ch. 85, par. 3325)
29 Section 2-135. Report and financial statement. Sec. 25.
30 As soon after the end of each fiscal year as may be
31 expedient, the Board shall cause to be prepared and printed a
32 complete and detailed report and financial statement of its
33 operations and of its assets and liabilities. A reasonably
-1120- LRB9000879DJcd
1 sufficient number of copies of such report shall be printed
2 for distribution to persons interested, upon request and a
3 copy thereof shall be filed with the county clerk and the
4 appointing officers.
5 (Source: P.A. 83-1451.)
6 (70 ILCS 330/26) (from Ch. 85, par. 3326)
7 Section 2-140. State financial support. Sec. 26. The
8 Authority created by this Article Act shall receive financial
9 support from the State in the amounts provided for in Section
10 4 of the Metropolitan Civic Center Support Act.
11 (Source: P.A. 83-1451.)
12 (70 ILCS 330/27) (from Ch. 85, par. 3327)
13 Section 2-150. Tax exemption. Sec. 27. All property of
14 the Authority shall be exempt from taxation by the State or
15 any taxing unit therein.
16 (Source: P.A. 83-1451.)
17 PART 235. RIVERSIDE CIVIC CENTER
18 (70 ILCS 325/3-1) (from Ch. 85, par. 7003-1)
19 Section 2-3. Purpose Sec. 3-1. The purpose of this
20 Article is to accomplish the aims of the State of Illinois to
21 enhance the ability of its citizens to avail themselves of
22 civic and cultural centers geographically situated throughout
23 the entire State of Illinois.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/3-2) (from Ch. 85, par. 7003-2)
26 Section 235-1. Short title Sec. 3-2. * * *(nonstandard
27 provisions contained in Section 235-1)* * *
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/3-3) (from Ch. 85, par. 7003-3)
-1121- LRB9000879DJcd
1 Section 2-5. Definitions. Sec. 3-3. When used In this
2 Article:
3 * * *(nonstandard provisions contained in Section 235-5)*
4 * *
5 "Governmental agency" means the federal government, the
6 State, and any unit of local government or school district
7 governmental body, and any agency or instrumentality,
8 corporate or otherwise, thereof.
9 "Person" means any individual, firm, partnership,
10 corporation, both domestic and foreign, company, association
11 or joint stock association; and includes any trustee,
12 receiver, assignee or personal representative thereof.
13 * * *(nonstandard provisions contained in Section 235-5)*
14 * *
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/3-4) (from Ch. 85, par. 7003-4)
17 Section 2-10. Lawsuits; common seal Sec. 3-4. * *
18 *(nonstandard provisions contained in Section 235-10)* * *
19 (a) The Authority may sue and be sued in its corporate
20 name, but execution shall not in any case issue against any
21 property of the Authority.
22 (b) The Authority It may adopt a common seal and change
23 the same at its pleasure. * * *(nonstandard provisions
24 contained in Section 235-10)* * *
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/3-5) (from Ch. 85, par. 7003-5)
27 Section 2-15. Duties; auditorium, recreational, and other
28 buildings; lease of space Sec. 3-5. It shall be the duty of
29 the Authority to promote, operate and maintain expositions,
30 conventions, and theatrical, sports and cultural activities
31 from time to time in the metropolitan area and in connection
32 therewith to arrange, finance and maintain industrial,
-1122- LRB9000879DJcd
1 cultural, educational, theatrical, sports, trade and
2 scientific exhibits and to construct, equip and maintain
3 auditorium, exposition, recreational and office buildings for
4 such purposes.
5 The provision of office space for lease and rental and
6 the lease of air space over and appurtenant to such
7 structures shall be deemed an integral function of the
8 Authority.
9 The Authority is granted all rights and powers necessary
10 to perform such duties.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/3-6) (from Ch. 85, par. 7003-6)
13 Section 2-20. Rights and powers, including eminent domain
14 Sec. 3-6. The Authority shall have the following rights and
15 powers duties:
16 (a) To acquire, purchase, own, construct, lease as
17 lessee or in any other way acquire, improve, extend, repair,
18 reconstruct, regulate, operate, equip and maintain exhibition
19 centers, civic auditoriums, cultural facilities and office
20 buildings, including sites and parking areas and commercial
21 facilities therefor located within the metropolitan area;.
22 (b) To plan for such grounds, centers and auditoriums
23 and to plan, sponsor, hold, arrange and finance fairs,
24 industrial, cultural, educational, trade and scientific
25 exhibits, shows and events and to use or allow the use of
26 such grounds, centers, and auditoriums for the holding of
27 fairs, exhibits, shows and events whether conducted by the
28 Authority or some other person or governmental agency;.
29 (c) To exercise the right of eminent domain to acquire
30 sites for such grounds, centers, buildings and auditoriums,
31 and parking areas and facilities in the manner provided for
32 the exercise of the right of eminent domain under Article VII
33 of the Code of Civil Procedure, as now or hereafter amended;.
-1123- LRB9000879DJcd
1 (d) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds, centers, buildings and
4 auditoriums and admission charges to fairs, shows, exhibits
5 and events sponsored or held by the Authority. The charges
6 collected may be made available to defray the reasonable
7 expenses of the Authority and to pay the principal of, and
8 the interest on, any bonds issued by the Authority;.
9 (e) To enter into contracts treating in any manner with
10 the objects and purposes of this Article.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/3-7) (from Ch. 85, par. 7003-7)
13 Section 2-25. Incurring obligations Sec. 3-7. The
14 Authority shall not incur any obligations for salaries or
15 for, office or administrative expenses except within the
16 amounts of funds that which will be available to it when such
17 obligations become payable.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/3-8) (from Ch. 85, par. 7003-8)
20 Section 2-35. Acquisition of property from person, State,
21 or local agency Sec. 3-8. The Authority shall have power (i)
22 to acquire and accept by purchase, lease, gift or otherwise
23 any property or rights useful for the Authority's purposes
24 from any person or persons, from any municipal corporation,
25 body politic, or agency of the State, or from the State
26 itself, (ii) useful for its purposes, and to apply for and
27 accept grants, matching grants, loans or appropriations from
28 the State of Illinois or any agency or instrumentality
29 thereof to be used for any of the purposes of the Authority,
30 and (iii) to enter into any agreement with the State of
31 Illinois in relation to such grants, matching grants, loans
32 or appropriations.
-1124- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/3-9) (from Ch. 85, par. 7003-9)
3 Section 2-40. Federal money Sec. 3-9. The Authority
4 shall have the power (i) to apply for and accept grants,
5 matching grants, loans or appropriations from the federal
6 government or any agency or instrumentality thereof to be
7 used for any of the purposes of the Authority and (ii) to
8 enter into any agreement with the federal government in
9 relation to such grants, matching grants, loans or
10 appropriations.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/3-10) (from Ch. 85, par. 7003-10)
13 Section 2-45. Insurance Sec. 3-10. The Authority shall
14 have the power to procure and enter into contracts for any
15 type of insurance and indemnity against loss or damage to
16 property from any cause, against loss of use and occupancy,
17 against employers' liability, against any act of any member,
18 officer, or employee of the Board or Authority in the
19 performance of the duties of the his office or employment,
20 and against or any other insurable risk.
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/3-11) (from Ch. 85, par. 7003-11)
23 Section 2-50. Borrowing; revenue bonds; suits to compel
24 performance Sec. 3-11. The Authority shall have continuing
25 power to borrow money for the purpose of carrying out and
26 performing its duties and exercising its powers under this
27 Article.
28 For the purpose of evidencing the obligation of the
29 Authority to repay any money borrowed as aforesaid, the
30 Authority may, pursuant to an ordinance adopted by the Board,
31 from time to time issue and dispose of its interest bearing
-1125- LRB9000879DJcd
1 revenue bonds, and may also from time to time issue and
2 dispose of its interest bearing revenue bonds to refund any
3 bonds at maturity or pursuant to redemption provisions or at
4 any time before maturity with the consent of the holders
5 thereof. All such bonds shall be payable solely from the
6 revenues or income to be derived from the fairs, expositions,
7 exhibitions, rentals and leases and other authorized
8 activities operated by it, and from funds, if any, received
9 and to be received by the Authority from any other source.
10 Such bonds may bear such date or dates, may mature at such
11 time or times not exceeding 40 years from their respective
12 dates, may bear interest at such rate or rates, not exceeding
13 the maximum rate permitted by the Bond Authorization Act, as
14 now or hereafter amended, may be in such form, may carry such
15 registration privileges, may be executed in such manner, may
16 be payable at such place or places, may be made subject to
17 redemption in such manner and upon such terms, with or
18 without premium as is stated on the face thereof, may be
19 executed in such manner, and may contain such terms and
20 covenants, all as may be provided in said ordinance. In case
21 any officer whose signature appears on any bond ceases (after
22 attaching his signature) to hold office, his signature shall
23 nevertheless be valid and effective for all purposes. The
24 holder or holders of any bonds, or interest coupons
25 appertaining thereto issued by the Authority may bring suits
26 at law or proceedings in equity to compel the performance and
27 observance by the Authority or any of its officers, agents or
28 employees of or any contract or covenant made by the
29 Authority with the holders of such bonds or interest coupons,
30 and to compel the Authority or and any of its officers,
31 agents or employees to perform any duties required to be
32 performed for the benefit of the holders of any such bonds or
33 interest coupons by the provisions of the ordinance
34 authorizing their issuance, and to enjoin the Authority and
-1126- LRB9000879DJcd
1 any of its officers, agents or employees from taking any
2 action in conflict with any such contract or covenant.
3 Notwithstanding the form and tenor of any such bonds and
4 in the absence of any express recital on the face thereof
5 that it is non-negotiable nonnegotiable, all such bonds shall
6 be negotiable instruments under the Uniform Commercial Code,
7 as now or hereafter amended.
8 From and after the issuance of any bonds as herein
9 provided it shall be the duty of the corporate authorities of
10 the Authority to fix and establish rates, charges, rents, and
11 fees for the use of facilities acquired, constructed,
12 reconstructed, extended or improved with the proceeds of the
13 sale of said bonds sufficient at all times, with other
14 revenues of the Authority, to pay:
15 (a) the cost of maintaining, repairing, regulating and
16 operating the said facilities; and
17 (b) the bonds and interest thereon as they shall become
18 due, and all sinking fund requirements and other requirements
19 provided by the ordinance authorizing the issuance of the
20 bonds or as provided by any trust agreement executed to
21 secure payment thereof.
22 To secure the payment of any or all of such bonds and for
23 the purpose of setting forth the covenants and undertakings
24 of the Authority in connection with the issuance thereof and
25 the issuance of any additional bonds payable from such
26 revenue income to be derived from the fairs, recreational,
27 theatrical, and cultural, expositions, sports activities,
28 exhibitions, office rentals, and air space leases and
29 rentals, and from other revenue, if any, the Authority may
30 execute and deliver a trust agreement or agreements; provided
31 that no lien upon any physical property of the Authority
32 shall be created thereby.
33 A remedy for any breach or default of the terms of any
34 such trust agreement by the Authority may be by mandamus
-1127- LRB9000879DJcd
1 proceedings in any court of competent jurisdiction to compel
2 performance and compliance therewith, but the trust agreement
3 may prescribe by whom or on whose behalf such action may be
4 instituted.
5 Before any such bonds (excepting refunding bonds) are
6 sold, the entire authorized issue, or any part thereof, shall
7 be offered for sale as a unit after advertising for bids at
8 least 3 times in a daily newspaper of general circulation
9 published in the metropolitan area, the last publication to
10 be at least 10 days before bids are required to be filed.
11 Copies of such advertisement may be published in any
12 newspaper or financial publication in the United States. All
13 bids shall be sealed, filed and opened as provided by
14 ordinance and the bonds shall be awarded to the highest and
15 best bidder or bidders therefor. The Authority shall have
16 the right to reject all bids and to readvertise for bids in
17 the manner provided for in the initial advertisement.
18 However, if no bids are received, such bonds may be sold at
19 not less than par value, without further advertising, within
20 60 days after the bids are required to be filed pursuant to
21 any advertisement.
22 (Source: P.A. 86-907; 86-1028.)
23 (70 ILCS 325/3-12) (from Ch. 85, par. 7003-12)
24 Section 2-55. Bonds; nature of indebtedness Sec. 3-12.
25 Under no circumstances shall any bonds issued by the
26 Authority be or become an indebtedness or obligation of the
27 State of Illinois or of any political subdivision of or
28 municipality within the State, nor shall any such bond or
29 obligation be or become an indebtedness of the Authority
30 within the purview of any constitutional limitation or
31 provision, and it shall be plainly stated on the face of each
32 such bond that it does not constitute such an indebtedness or
33 obligation but is payable solely from the revenues or income
-1128- LRB9000879DJcd
1 as provided in this Article aforesaid.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/3-13) (from Ch. 85, par. 7003-13)
4 Section 2-60. Investment in bonds Sec. 3-13. The State
5 and all counties, cities, villages, incorporated towns and
6 other municipal corporations, political subdivisions and
7 public bodies, and public officers of any thereof;, all
8 banks, bankers, trust companies, savings banks and
9 institutions, building and loan associations, savings and
10 loan associations, investment companies, and other persons
11 carrying on an insurance business; and all executors,
12 administrators, guardians, trustees and other fiduciaries may
13 legally invest any sinking funds, moneys or other funds
14 belonging to them or within their control in any bonds issued
15 pursuant to this Article, it being the purpose of this
16 Section to authorize the investment in such bonds of all
17 sinking, insurance, retirement, compensation, pension and
18 trust funds, whether owned or controlled by private or public
19 persons or officers; provided, however, that nothing
20 contained in this Section may be construed as relieving any
21 person from any duty of exercising reasonable care in
22 selecting securities for investment.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/3-14) (from Ch. 85, par. 7003-14)
25 Section 2-75. Board members; financial matters; conflict
26 of interest Sec. 3-14. * * *(nonstandard provisions contained
27 in Section 235-15)* * * The members of the Board shall serve
28 without compensation, but shall be reimbursed for actual
29 expenses incurred by them in the performance of their duties.
30 No member of the Board or employee of the Authority shall
31 have any private financial interest, profit or benefit in any
32 contract, work or business of the Authority or nor in the
-1129- LRB9000879DJcd
1 sale or lease of any property to or from the Authority.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/3-15) (from Ch. 85, par. 7003-15)
4 Section 235-20. Board members Sec. 3-15. * *
5 *(nonstandard provisions contained in Section 235-20)* * *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/3-16) (from Ch. 85, par. 7003-16)
8 Section 235-25. Board members; vacancy in office Sec.
9 3-16. * * *(nonstandard provisions contained in Section
10 235-25)* * *
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/3-17) (from Ch. 85, par. 7003-17)
13 Section 235-30. Organization of the Board Sec. 3-17. * *
14 *(nonstandard provisions contained in Section 235-30)* * *
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/3-18) (from Ch. 85, par. 7003-18)
17 Section 2-96. Meetings; action by 4 Board members Sec.
18 3-18. Regular meetings of the Board shall be held at least
19 once in each calendar month, the time and place of such
20 meetings to be fixed by the Board.
21 Four members of the Board shall constitute a quorum for
22 the transaction of business. All actions of the Board shall
23 be by ordinance or resolution and the affirmative vote of at
24 least 4 members shall be necessary for the adoption of any
25 ordinance or resolution.
26 All ordinances, resolutions and all proceedings of the
27 Authority and all documents and records in its possession
28 shall be public records, and open to public inspection,
29 except such documents and records as shall be kept or
30 prepared by the Board for use in negotiations, actions action
-1130- LRB9000879DJcd
1 or proceedings to which the Authority is a party.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/3-19) (from Ch. 85, par. 7003-19)
4 Section 2-100. Secretary; treasurer Sec. 3-19. The Board
5 shall appoint a secretary and a treasurer, who need not be
6 members of the Board, to hold office during the pleasure of
7 the Board, and shall fix their duties and compensation.
8 Before entering upon the duties of their respective offices,
9 they shall take and subscribe the constitutional oath of
10 office, and the treasurer shall execute a bond with corporate
11 sureties to be approved by the Board. The bond shall be
12 payable to the Authority in whatever penal sum may be
13 directed upon the faithful performance of the duties of the
14 office and the payment of all money received by the treasurer
15 him according to law and the orders of the Board. The Board
16 may, at any time, require a new bond from the treasurer in a
17 such penal sum as may then be determined by the Board. The
18 obligation of the sureties shall not extend to any loss
19 sustained by the insolvency, failure or closing of any
20 national or state bank wherein the treasurer has deposited
21 funds if the bank has been approved by the Board as a
22 depositary depository for those these funds. The oaths of
23 office and the treasurer's bond bonds shall be filed in the
24 principal office of the Authority.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/3-20) (from Ch. 85, par. 7003-20)
27 Section 2-105. Funds Sec. 3-20. All funds deposited by
28 the treasurer in any bank shall be placed in the name of the
29 Authority and shall be withdrawn or paid out only by check or
30 draft upon the bank, signed by the treasurer and
31 countersigned by the chairman of the Board. The Board may
32 designate any of its members or any officer or employee of
-1131- LRB9000879DJcd
1 the Authority to affix the signature of the chairman and
2 another to affix the signature of the treasurer to any check
3 or draft for payment of salaries or wages and for payment of
4 any other obligation of not more than $2,500.
5 (Source: P.A. 86-907.)
6 (70 ILCS 325/3-21) (from Ch. 85, par. 7003-21)
7 Section 2-110. Signatures on checks or drafts Sec. 3-21.
8 In case any officer whose signature appears upon any check or
9 draft issued pursuant to this Article ceases (after attaching
10 his signature) to hold his office after attaching his or her
11 signature and before the delivery of the check or draft
12 thereof to the payee, that his signature, nevertheless, shall
13 be valid and sufficient for all purposes with the same effect
14 as if the officer he had remained in office until delivery.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/3-22) (from Ch. 85, par. 7003-22)
17 Section 2-115. General manager; other appointments Sec.
18 3-22. The Board may appoint a general manager who shall be a
19 person of recognized ability and business experience, to hold
20 office during the pleasure of the Board. The general manager
21 shall have management of the properties and business of the
22 Authority and of the employees thereof subject to the general
23 control of the Board, shall direct the enforcement of all
24 ordinances, resolutions, rules and regulations of the Board,
25 and shall perform such other duties as may be prescribed from
26 time to time by the Board.
27 The Board may appoint a general attorney and a chief
28 engineer and shall provide for the appointment of such other
29 officers, attorneys, engineers, planners, consultants, agents
30 and employees as may be necessary. The Board It shall define
31 their duties and require bonds of such of them as the Board
32 may designate.
-1132- LRB9000879DJcd
1 The general manager, general attorney, chief engineer,
2 and all other officers provided for, pursuant to this
3 Section, shall be exempt from taking and subscribing any oath
4 of office and shall not be members of the Board.
5 The compensation of the general manager, general
6 attorney, chief engineer, and all other officers, attorneys,
7 planners, consultants, agents and employees shall be fixed by
8 the Board.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/3-23) (from Ch. 85, par. 7003-23)
11 Section 2-122. Rules and regulations; penalties Sec.
12 3-23. The Board shall have power to make all rules and
13 regulations, proper or necessary, to carry into effect the
14 powers granted to the Authority, with such penalties as may
15 be deemed proper.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/3-24) (from Ch. 85, par. 7003-24)
18 Section 2-125. Contracts; award to other than highest or
19 lowest bidder by vote of 5 Board members Sec. 3-24. All
20 contracts for the sale of property of the value of more than
21 $2,500 or for a concession in or lease of property, including
22 air rights, of the Authority for a term of more than one year
23 shall be awarded to the highest responsible bidder, after
24 advertising for bids. All construction contracts and
25 contracts for supplies, materials, equipment and services,
26 when the expense thereof will exceed $2,500, shall be let to
27 the lowest responsible bidder after advertising for bids,
28 excepting (1) when repair parts, accessories, equipment or
29 services are required for equipment or services previously
30 furnished or contracted for; (2) when the nature of the
31 services required is such that competitive bidding is not in
32 the best interest of the public, including, without limiting
-1133- LRB9000879DJcd
1 the generality of the foregoing, the services of accountants,
2 architects, attorneys, engineers, physicians, superintendents
3 of construction, and others possessing a high degree of
4 skill; and (3) when services such as water, light, heat,
5 power, telephone or telegraph are required.
6 All contracts involving less than $2,500 shall be let by
7 competitive bidding to the lowest responsible bidder whenever
8 possible, and, in any event, in a manner calculated to ensure
9 insure the best interests of the public. Competitive bidding
10 is not required for the lease of real estate or buildings
11 owned or controlled by the Authority. The Board is empowered
12 to offer such leases upon such terms as it deems advisable.
13 In determining the responsibility of any bidder, the
14 Board may take into account the past record records of
15 dealings with the bidder, the bidder's experience, adequacy
16 of equipment, and ability to complete performance within the
17 time set, and other factors besides financial responsibility,
18 but in no case shall any such contracts be awarded to any
19 other than the highest bidder (in case of sale, concession or
20 lease) or the lowest bidder (in case of purchase or
21 expenditure) unless authorized or approved by a vote of at
22 least 5 members of the Board, and unless such action is
23 accompanied by a statement in writing setting forth the
24 reasons for not awarding the contract to the highest or
25 lowest bidder, as the case may be, which statement shall be
26 kept on file in the principal office of the Authority and
27 open to public inspection.
28 Members of the Board, officers and employees of the
29 Authority, and their relatives within the fourth degree of
30 consanguinity by the terms of the civil law, are forbidden to
31 be interested directly or indirectly in any contract for
32 construction or maintenance work or for the delivery of
33 materials, supplies or equipment.
34 The Board shall have the right to reject all bids and to
-1134- LRB9000879DJcd
1 readvertise for bids. If after any such advertisement no
2 responsible and satisfactory bid, within the terms of the
3 advertisement, shall be received, the Board may award such
4 contract without competitive bidding, provided that it shall
5 not be less advantageous to the Authority than any valid bid
6 received pursuant to advertisement.
7 The Board shall adopt rules and regulations to carry into
8 effect the provisions of this Section.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/3-25) (from Ch. 85, par. 7003-25)
11 Section 235-35. Bids and advertisements Sec. 3-25. * *
12 *(nonstandard provisions contained in Section 235-35)* * *
13 (Source: P.A. 86-907.)
14 (70 ILCS 325/3-26) (from Ch. 85, par. 7003-26)
15 Section 2-135. Report and financial statement Sec. 3-26.
16 As soon after the end of each fiscal year as may be
17 expedient, the Board shall cause to be prepared and printed a
18 complete and detailed report and financial statement of its
19 operations and of its assets and liabilities. A reasonably
20 sufficient number of copies of such report shall be printed
21 for distribution to persons interested upon request and a
22 copy thereof shall be filed with the county clerk and the
23 appointing officers.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/3-27) (from Ch. 85, par. 7003-27)
26 Section 2-140. State financial support Sec. 3-27. The
27 Authority created by this Article shall receive financial
28 support from the State in the amounts provided for in Section
29 4 of the Metropolitan Civic Center Support Act, as now or
30 hereafter amended.
31 (Source: P.A. 86-907.)
-1135- LRB9000879DJcd
1 (70 ILCS 325/3-28) (from Ch. 85, par. 7003-28)
2 Section 2-145. Antitrust laws Sec. 3-28. The Authority
3 is hereby expressly made the beneficiary of the provisions of
4 Section 1 of the Local Government Antitrust Exemption Act "An
5 Act to make explicit the authorization for units of local
6 government and certain other governmental bodies to act as
7 permitted by statute or the Illinois Constitution,
8 notwithstanding effects on competition", amendatory veto
9 overridden November 3, 1983, as now or hereafter amended, and
10 the General Assembly intends that the "State action
11 exemption" to the application of the federal antitrust laws
12 be fully available to the Authority to the extent its
13 activities are either (1) expressly or by necessary
14 implication authorized by this Article or other Illinois law,
15 or (2) within traditional areas of local governmental
16 activity.
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/3-29) (from Ch. 85, par. 7003-29)
19 Section 2-150. Tax exemption Sec. 3-29. All property of
20 the Authority shall be exempt from taxation by the State or
21 any taxing unit therein.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/3-30) (from Ch. 85, par. 7003-30)
24 Section 2-30. Prompt payment Sec. 3-30. Purchases made
25 under pursuant to this Article shall be made in compliance
26 with the Local Government Prompt Payment Act, as now or
27 hereafter amended.
28 (Source: P.A. 86-907.)
29 PART 240. ROCKFORD CIVIC CENTER
30 (70 ILCS 340/1) (from Ch. 85, par. 1331)
31 Section 240-1. Short title. Sec. 1. * * * (nonstandard
-1136- LRB9000879DJcd
1 provisions contained in Section 240-1) * * *
2 (Source: P.A. 76-1769.)
3 (70 ILCS 340/2) (from Ch. 85, par. 1332)
4 Section 2-5. Definitions. Sec. 2. When used In this
5 Article Act:
6 * * * (nonstandard provisions contained in Section 240-5)
7 * * *
8 "Governmental agency" means the federal government, the
9 State, and any unit of local government or school district
10 governmental body, and any agency or instrumentality,
11 corporate or otherwise, thereof.
12 "Person" means any individual, firm, partnership,
13 corporation, both domestic and foreign, company, association
14 or joint stock joint-stock association; and includes any
15 trustee, receiver, assignee or personal representative
16 thereof.
17 * * * (nonstandard provisions contained in Section 240-5)
18 * * *
19 (Source: P.A. 76-1769.)
20 (70 ILCS 340/3) (from Ch. 85, par. 1333)
21 Section 2-10. Lawsuits; common seal. Sec. 3. * * *
22 (nonstandard provisions contained in Section 240-10) * * *
23 (a) The Authority may sue and be sued in its corporate
24 name but execution shall not in any case issue against any
25 property of the Authority.
26 (b) The Authority It may adopt a common seal and change
27 the same at its pleasure. * * * (nonstandard provisions
28 contained in Section 240-10) * * *
29 (Source: P.A. 76-1769.)
30 (70 ILCS 340/4) (from Ch. 85, par. 1334)
31 Section 2-16. Duties; auditorium and other buildings;
-1137- LRB9000879DJcd
1 lease of space. Sec. 4. It shall be the duty of the
2 Authority to promote, operate and maintain expositions,
3 conventions, and theatrical, sports and cultural activities
4 from time to time in the metropolitan area and in connection
5 therewith to arrange, finance and maintain industrial,
6 cultural, educational, theatrical, sports, trade and
7 scientific exhibits and to construct, equip and maintain
8 auditorium, exposition and office buildings for such
9 purposes.
10 The provision of office space for rental and lease and
11 the lease of air space over and appurtenant to such
12 structures shall be deemed an integral function of the
13 Authority.
14 The Authority is granted all rights and powers necessary
15 to perform such duties.
16 (Source: P.A. 76-1769.)
17 (70 ILCS 340/5) (from Ch. 85, par. 1335)
18 Section 240-15. Rights and powers. Sec. 5. * * *
19 (nonstandard provisions contained in Section 240-15) * * *
20 (Source: P.A. 83-893.)
21 (70 ILCS 340/6) (from Ch. 85, par. 1336)
22 Section 2-25. Incurring obligations. Sec. 6. The
23 Authority shall not incur any obligations for salaries or
24 for, office or administrative expenses except within the
25 amounts of funds that which will be available to it when such
26 obligations become payable.
27 (Source: P.A. 76-1769.)
28 (70 ILCS 340/6.1) (from Ch. 85, par. 1336.1)
29 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
30 under pursuant to this Article Act shall be made in
31 compliance with the the "Local Government Prompt Payment
-1138- LRB9000879DJcd
1 Act", approved by the Eighty-fourth General Assembly.
2 (Source: P.A. 84-731.)
3 (70 ILCS 340/7) (from Ch. 85, par. 1337)
4 Section 2-35. Acquisition of property from person,
5 State, or local agency. Sec. 7. The Authority shall have the
6 power (i) to acquire and accept by purchase, lease, gift or
7 otherwise any property or rights useful for the Authority's
8 purposes from any person or persons, from any municipal
9 corporation, body politic, or agency of the State, or from
10 the State itself, (ii) useful for its purposes, and to apply
11 for and accept grants, matching grants, loans or
12 appropriations from the State of Illinois or any agency or
13 instrumentality thereof to be used for any of the purposes of
14 the Authority, and (iii) to enter into any agreement with the
15 State of Illinois in relation to such grants, matching
16 grants, loans or appropriations.
17 (Source: P.A. 76-1769.)
18 (70 ILCS 340/8) (from Ch. 85, par. 1338)
19 Section 2-40. Federal money. Sec. 8. The Authority shall
20 have the power (i) to apply for and accept grants, matching
21 grants, loans or appropriations from the federal government
22 or any agency or instrumentality thereof to be used for any
23 of the purposes of the Authority and (ii) to enter into any
24 agreement with the federal government in relation to such
25 grants, matching grants, loans or appropriations.
26 (Source: P.A. 76-1769.)
27 (70 ILCS 340/9) (from Ch. 85, par. 1339)
28 Section 2-45. Insurance. Sec. 9. The Authority shall
29 have the power to procure and enter into contracts for any
30 type of insurance and indemnity against loss or damage to
31 property from any cause, against loss of use and occupancy,
-1139- LRB9000879DJcd
1 against employers' liability, against any act of any member,
2 officer, or employee of the Board or of Authority in the
3 performance of the duties of the his office or employment,
4 and against or any other insurable risk.
5 (Source: P.A. 76-1769.)
6 (70 ILCS 340/9.1) (from Ch. 85, par. 1339.1)
7 Section 240-20. State office building. Sec. 9.1. * * *
8 (nonstandard provisions contained in Section 240-20) * * *
9 (Source: P.A. 84-109.)
10 (70 ILCS 340/10) (from Ch. 85, par. 1340)
11 Section 2-52. Borrowing; revenue bonds; interest payable
12 semi-annually; bond sale price; effect of Omnibus Bond Acts.
13 Sec. 10. The Authority shall have continuing power to borrow
14 money for the purpose of carrying out and performing its
15 duties and exercising its powers under this Article Act.
16 For the purpose of evidencing the obligation of the
17 Authority to repay any money borrowed as aforesaid, the
18 Authority may, pursuant to an ordinance adopted by the Board,
19 from time to time issue and dispose of its interest bearing
20 revenue bonds, and may also from time to time issue and
21 dispose of its interest bearing revenue bonds to refund any
22 bonds at maturity or pursuant to redemption provisions or at
23 any time before maturity with the consent of the holders
24 thereof. All such bonds shall be payable solely from the
25 revenues or income to be derived from the fairs, expositions,
26 exhibitions, rentals and leases and other authorized
27 activities operated by it, and from funds, if any, received
28 and to be received by the Authority from any other source.
29 Such bonds may bear such date or dates, may mature at such
30 time or times not exceeding 40 forty years from their
31 respective dates, may bear interest at such rate or rates,
32 not exceeding the maximum rate authorized by the Bond
-1140- LRB9000879DJcd
1 Authorization Act, as amended at the time of the making of
2 the contract, payable semi-annually, may be in such form, may
3 carry such registration privileges, may be executed in such
4 manner, may be payable at such place or places, may be made
5 subject to redemption in such manner and upon such terms,
6 with or without premium as is stated on the face thereof, may
7 be executed in such manner and may contain such terms and
8 covenants, all as may be provided in said ordinance. In case
9 any officer whose signature appears on any bond ceases (after
10 attaching his signature) to hold office, his signature shall
11 nevertheless be valid and effective for all purposes. The
12 holder or holders of any bonds, or interest coupons
13 appertaining thereto issued by the Authority may bring
14 mandamus, injunction, or other civil actions or and
15 proceedings to compel the performance and observance by the
16 Authority or any of its officers, agents or employees of or
17 any contract or covenant made by the Authority with the
18 holders of such bonds or interest coupons, and to compel the
19 Authority and any of its officers, agents or employees to
20 perform any duties required to be performed for the benefit
21 of the holders of any such bonds or interest coupons by the
22 provisions of the ordinance authorizing their issuance, and
23 to enjoin the Authority and any of its officers, agents or
24 employees from taking any action in conflict with any such
25 contract or covenant.
26 Notwithstanding the form and tenor of any such bonds and
27 in the absence of any express recital on the face thereof
28 that it is non-negotiable, all such bonds shall be negotiable
29 instruments under the Uniform Commercial Code Negotiable
30 Instrument Law of the State of Illinois.
31 The bonds shall be sold by the corporate authorities of
32 the Authority in such manner as said corporate authorities
33 shall determine, except that if issued to bear interest at
34 the maximum rate authorized by the Bond Authorization Act, as
-1141- LRB9000879DJcd
1 amended at the time of the making of the contract, the bonds
2 shall be sold for not less than par and accrued interest and
3 except that the selling price of bonds bearing interest at a
4 rate of less than the maximum rate authorized by the Bond
5 Authorization Act, as amended at the time of the making of
6 the contract, shall be such that the interest cost to the
7 Authority of the money received from the sale of bonds shall
8 not exceed the maximum rate authorized by the Bond
9 Authorization Act, as amended at the time of the making of
10 the contract, computed to absolute maturity of said bonds or
11 certificates according to standard tables of bond values.
12 From and after the issuance of any bonds as herein
13 provided it shall be the duty of the corporate authorities of
14 the Authority to fix and establish rates, charges, rents, and
15 fees for the use of facilities acquired, constructed,
16 reconstructed, extended or improved with the proceeds of the
17 sale of said bonds sufficient at all times, with other
18 revenues of the Authority to pay:
19 (a) the cost of maintaining, repairing, regulating and
20 operating the said facilities; and
21 (b) the bonds and interest thereon as they shall become
22 due, and all sinking fund requirements and other requirements
23 provided by the ordinance authorizing the issuance of the
24 bonds or as provided by any trust agreement executed to
25 secure payment thereof.
26 To secure the payment of any or all of such bonds and for
27 the purpose of setting forth the covenants and undertakings
28 of the Authority in connection with the issuance thereof and
29 the issuance of any additional bonds payable from such
30 revenue income to be derived from the fairs, recreational,
31 theatrical, cultural, expositions, sport activities,
32 exhibitions, office rentals, and air space leases and
33 rentals, and other revenue, if any, the Authority may execute
34 and deliver a trust agreement or agreements; provided that no
-1142- LRB9000879DJcd
1 lien upon any physical property of the Authority shall be
2 created thereby.
3 A remedy for any breach or default of the terms of any
4 such trust agreement by the Authority may be by mandamus,
5 injunction, or other civil actions or action and proceedings
6 in any court of competent jurisdiction to compel performance
7 and compliance therewith, but the trust agreement may
8 prescribe by whom or on whose behalf such action may be
9 instituted.
10 Before any such bonds (excepting refunding bonds) are
11 sold the entire authorized issue, or any part thereof, shall
12 be offered for sale as a unit after advertising for bids at
13 least 3 three times in a daily newspaper of general
14 circulation published in the metropolitan area, the last
15 publication to be at least 10 ten days before bids are
16 required to be filed. Copies of such advertisement may be
17 published in any newspaper or financial publication in the
18 United States. All bids shall be sealed, filed and opened as
19 provided by ordinance and the bonds shall be awarded to the
20 highest and best bidder or bidders therefor. The Authority
21 shall have the right to reject all bids and readvertise for
22 bids in the manner provided for in the initial advertisement.
23 However, if no bids are received such bonds may be sold at
24 not less than par value, without further advertising, within
25 60 days after the bids are required to be filed pursuant to
26 any advertisement.
27 With respect to instruments for the payment of money
28 issued under this Section either before, on, or after the
29 effective date of Public Act 86-4 this amendatory Act of
30 1989, it is and always has been the intention of the General
31 Assembly (i) that the Omnibus Bond Acts are and always have
32 been supplementary grants of power to issue instruments in
33 accordance with the Omnibus Bond Acts, regardless of any
34 provision of this Article Act that may appear to be or to
-1143- LRB9000879DJcd
1 have been more restrictive than those Acts, (ii) that the
2 provisions of this Section are not a limitation on the
3 supplementary authority granted by the Omnibus Bond Acts, and
4 (iii) that instruments issued under this Section within the
5 supplementary authority granted by the Omnibus Bond Acts are
6 not invalid because of any provision of this Article Act that
7 may appear to be or to have been more restrictive than those
8 Acts.
9 (Source: P.A. 86-4.)
10 (70 ILCS 340/11) (from Ch. 85, par. 1341)
11 Section 2-55. Bonds; nature of indebtedness. Sec. 11.
12 Under no circumstances shall any bonds issued by the
13 Authority be or become an indebtedness or obligation of the
14 State of Illinois or of any other political subdivision of or
15 municipality within the State, nor shall any such bond or
16 obligation be or become an indebtedness of the Authority
17 within the purview of any constitutional limitation or
18 provision, and it shall be plainly stated on the face of each
19 such bond that it does not constitute such an indebtedness or
20 obligation but is payable solely from the revenues or income
21 as provided in this Article aforesaid.
22 (Source: P.A. 76-1769.)
23 (70 ILCS 340/12) (from Ch. 85, par. 1342)
24 Section 2-60. Investment in bonds. Sec. 12. The State
25 and all counties, cities, villages, incorporated towns and
26 other municipal corporations, political subdivisions and
27 public bodies, and public officers of any thereof;, all
28 banks, bankers, trust companies, savings banks and
29 institutions, building and loan associations, savings and
30 loan associations, investment companies and other persons
31 carrying on an insurance business; and all executors,
32 administrators, guardians, trustees and other fiduciaries may
-1144- LRB9000879DJcd
1 legally invest any sinking funds, moneys or other funds
2 belonging to them or within their control in any bonds issued
3 pursuant to this Article Act, it being the purpose of this
4 Section to authorize the investment in such bonds of all
5 sinking, insurance, retirement, compensation, pension and
6 trust funds, whether owned or controlled by private or public
7 persons or officers; provided, however, that nothing
8 contained in this Section may be construed as relieving any
9 person from any duty of exercising reasonable care in
10 selecting securities for investment.
11 (Source: P.A. 85-1209.)
12 (70 ILCS 340/13) (from Ch. 85, par. 1343)
13 Section 240-22. Bonds other than revenue bonds. Sec. 13.
14 * * * (nonstandard provisions contained in Section 240-22) *
15 * *
16 (Source: P.A. 81-1489.)
17 (70 ILCS 340/14) (from Ch. 85, par. 1344)
18 Section 240-23. Tax. Sec. 14. * * * (nonstandard
19 provisions contained in Section 240-23) * * *
20 (Source: P.A. 81-1509.)
21 (70 ILCS 340/15) (from Ch. 85, par. 1345)
22 Section 2-76. Board members; financial matters;
23 compensation for secretary or treasurer; conflict of
24 interest. Sec. 15. * * * (nonstandard provisions contained in
25 Section 240-25) * * * The members of the Board They shall
26 serve without compensation, but shall be reimbursed for
27 actual expenses incurred by them in the performance of their
28 duties. However, any member of the Board who is appointed to
29 the office of secretary or treasurer may receive compensation
30 for his or her services as such officer.
31 No member of the Board or employee of the Authority shall
-1145- LRB9000879DJcd
1 have any private financial interest, profit or benefit in any
2 contract, work or business of the Authority or nor in the
3 sale or lease of any property to or from the Authority.
4 (Source: P.A. 76-1769.)
5 (70 ILCS 340/16) (from Ch. 85, par. 1346)
6 Section 2-80. Board members' oath. Sec.16. * * *
7 (nonstandard provisions contained in Section 240-30) * * *
8 Within 30 days after certification of his appointment, and
9 before entering upon the duties of his office, each member of
10 the Board shall take and subscribe the constitutional oath of
11 office and file it in the office of the Secretary of State.
12 (Source: P.A. 76-1769.)
13 (70 ILCS 340/17) (from Ch. 85, par. 1347)
14 Section 2-85. Board members; vacancy in office. Sec. 17.
15 Members of the board shall hold office until their respective
16 successors have been appointed and qualified. Any member may
17 resign from his office; the resignation takes to take effect
18 when the member's his successor has been appointed and has
19 qualified.
20 Section 2-83. Removal of Board member from office. The
21 appointing officer may remove any member of the Board
22 appointed by the officer him, in case of incompetency,
23 neglect of duty, or malfeasance in office, after service on
24 the member him, by registered United States mail, return
25 requested, of a copy of the written charges against the
26 member him and an opportunity to be publicly heard in person
27 or by counsel in the member's his own defense upon not less
28 than 10 ten days' notice.
29 (Section 2-85, resumed)
30 In case of failure to qualify within the time required,
31 or of abandonment of his office, or in case of death,
32 conviction of a felony or removal from office, a member's his
-1146- LRB9000879DJcd
1 office shall become vacant. Each vacancy shall be filled for
2 the unexpired term by appointment in like manner, as in the
3 case of expiration of the term of a member of the Board.
4 (Source: P.A. 76-1769.)
5 (70 ILCS 340/18) (from Ch. 85, par. 1348)
6 Section 2-90. Organization of the Board. Sec. 18. As
7 soon as practicably possible after the appointment of the
8 initial members, the Board shall organize for the transaction
9 of business, select a chairman and a temporary secretary from
10 its own number, and adopt by-laws and regulations to govern
11 its proceedings. The initial chairman and his successors
12 shall be elected by the Board from time to time for the term
13 of the chairman's his office as a member of the Board or for
14 the term of 3 three years, whichever is shorter.
15 (Source: P.A. 76-1769.)
16 (70 ILCS 340/19) (from Ch. 85, par. 1349)
17 Section 240-35. Meetings; quorum; approval of ordinances
18 and resolutions by chairman; public records. Sec. 19. * * *
19 (nonstandard provisions contained in Section 240-35) * * *
20 (Source: P.A. 82-783.)
21 (70 ILCS 340/20) (from Ch. 85, par. 1350)
22 Section 2-101. Secretary; treasurer; funds deposited in
23 bank or savings and loan association. Sec. 20. The Board
24 shall appoint a secretary and a treasurer, who need not be
25 members of the Board, to hold office during the pleasure of
26 the Board, and shall fix their duties and compensation.
27 Before entering upon the its duties of their respective
28 offices they shall take and subscribe the constitutional oath
29 of office, and the treasurer shall execute a bond with
30 corporate sureties to be approved by the Board. The bond
31 shall be payable to the Authority in whatever penal sum may
-1147- LRB9000879DJcd
1 be directed upon the faithful performance of the duties of
2 the office and the payment of all money received by the
3 treasurer him according to law and the orders of the Board.
4 The Board may, at any time, require a new bond from the
5 treasurer in such penal sum as may then be determined by the
6 Board. The obligation of the sureties shall not extend to any
7 loss sustained by the insolvency, failure or closing of any
8 savings and loan association or national or State bank
9 wherein the treasurer has deposited funds if the bank or
10 savings and loan association has been approved by the Board
11 as a depository for those these funds. The oaths of office
12 and the treasurer's bond shall be filed in the principal
13 office of the Authority.
14 (Source: P.A. 83-541.)
15 (70 ILCS 340/21) (from Ch. 85, par. 1351)
16 Section 240-37. Funds; compliance with Public Funds
17 Investment Act. Sec. 21. * * * (nonstandard provisions
18 contained in Section 240-37) * * *
19 (Source: P.A. 83-1362.)
20 (70 ILCS 340/22) (from Ch. 85, par. 1352)
21 Section 2-110. Signatures on checks or drafts. Sec. 22.
22 In case any officer whose signature appears upon any check or
23 draft, issued pursuant to this Article Act, ceases (after
24 attaching his signature) to hold his office after attaching
25 his or her signature and before the delivery of the check or
26 draft thereof to the payee, that his signature nevertheless
27 shall be valid and sufficient for all purposes with the same
28 effect as if the officer he had remained in office until
29 delivery thereof.
30 (Source: P.A. 76-1769.)
31 (70 ILCS 340/23) (from Ch. 85, par. 1353)
-1148- LRB9000879DJcd
1 Section 2-115. General manager; other appointments. Sec.
2 23. The Board may appoint a general manager who shall be a
3 person of recognized ability and business experience, to hold
4 office during the pleasure of the Board. The general manager
5 shall have management of the properties and business of the
6 Authority and of the employees thereof subject to the general
7 control of the Board, shall direct the enforcement of all
8 ordinances, resolutions, rules and regulations of the Board,
9 and shall perform such other duties as may be prescribed from
10 time to time by the Board.
11 The Board may appoint a general attorney and a chief
12 engineer and shall provide for the appointment of such other
13 officers, attorneys, engineers, planners, consultants, agents
14 and employees as may be necessary. The Board It shall define
15 their duties and require bonds of such of them as the Board
16 may designate.
17 The general manager, general attorney, chief engineer,
18 and all other officers provided for pursuant to this Section
19 shall be exempt from taking and subscribing any oath of
20 office and shall not be members of the Board.
21 The compensation of the general manager, general
22 attorney, chief engineer, and all other officers, attorneys,
23 planners, consultants, agents and employees shall be fixed by
24 the Board.
25 (Source: P.A. 81-257.)
26 (70 ILCS 340/23a) (from Ch. 85, par. 1353a)
27 Section 240-40. Security police force. Sec. 23a. * * *
28 (nonstandard provisions contained in Section 240-40) * * *
29 (Source: P.A. 83-535.)
30 (70 ILCS 340/24) (from Ch. 85, par. 1354)
31 Section 240-45. Ordinances and rules; fines and
32 penalties. Sec. 24. * * * (nonstandard provisions contained
-1149- LRB9000879DJcd
1 in Section 240-45) * * *
2 (Source: P.A. 83-535.)
3 (70 ILCS 340/25) (from Ch. 85, par. 1355)
4 Section 240-50. Contracts. Sec. 25. * * * (nonstandard
5 provisions contained in Section 240-50) * * *
6 (Source: P.A. 83-893.)
7 (70 ILCS 340/26) (from Ch. 85, par. 1356)
8 Section 2-130. Bids and advertisements. Sec. 26.
9 Advertisements for bids shall be published at least twice in
10 a daily newspaper of general circulation published in the
11 metropolitan area, the last publication to be at least 10 ten
12 calendar days before the time for receiving bids, and such
13 advertisements shall also be posted on readily accessible
14 bulletin boards in the principal office of the Authority.
15 Such advertisements shall state the time and place for
16 receiving and opening of bids, and, by reference to plans and
17 specifications on file at the time of the first publication,
18 or in the advertisement itself, shall describe the character
19 of the proposed contract in sufficient detail to fully advise
20 prospective bidders of their obligations and to ensure insure
21 free and open competitive bidding.
22 All bids in response to advertisements shall be sealed
23 and shall be publicly opened by the Board, and all bidders
24 shall be entitled to be present in person or by
25 representatives. Cash or a certified or satisfactory
26 cashier's check, as a deposit of good faith, in a reasonable
27 amount to be fixed by the Board before advertising for bids,
28 shall be required with the proposal of each bidder. Bond for
29 faithful performance of the contract with surety or sureties
30 satisfactory to the Board and adequate insurance may be
31 required in reasonable amounts to be fixed by the Board
32 before advertising for bids.
-1150- LRB9000879DJcd
1 The contract shall be awarded as promptly as possible
2 after the opening of bids. The bid of the successful bidder,
3 as well as the bids of the unsuccessful bidders, shall be
4 placed on file and be open to public inspection. All bids
5 shall be void if any disclosure of the terms of any bid in
6 response to an advertisement is made or permitted to be made
7 by the Board before the time fixed for opening bids.
8 * * * (nonstandard provisions contained in Section
9 240-55) * * *
10 (Source: P.A. 79-1358.)
11 (70 ILCS 340/27) (from Ch. 85, par. 1357)
12 Section 2-135. Report and financial statement. Sec. 27.
13 As soon after the end of each fiscal year as may be
14 expedient, the Board shall cause to be prepared and printed a
15 complete and detailed report and financial statement of its
16 operations and of its assets and liabilities. A reasonably
17 sufficient number of copies of such report shall be printed
18 for distribution to persons interested, upon request and a
19 copy thereof shall be filed with the county clerk and the
20 appointing officers as provided in Section 16.
21 (Source: P.A. 76-1769.)
22 (70 ILCS 340/27.1) (from Ch. 85, par. 1357.1)
23 Section 2-145. Antitrust laws. Sec. 27.1. The Authority
24 is hereby expressly made the beneficiary of the provisions of
25 Section 1 of the Local Government Antitrust Exemption Act "An
26 Act to make explicit the authorization for units of local
27 government and certain other governmental bodies to act as
28 permitted by statute or the Illinois Constitution,
29 notwithstanding effects on competition", amendatory veto
30 overridden November 3, 1983, and the General Assembly intends
31 that the "State action exemption" to the application of the
32 federal antitrust anti-trust laws be fully available to the
-1151- LRB9000879DJcd
1 Authority to the extent its activities are either (1)
2 expressly or by necessary implication authorized by this
3 Article Act or other Illinois law, or (2) within traditional
4 areas of local governmental activity.
5 (Source: P.A. 83-1456.)
6 (70 ILCS 340/27.2) (from Ch. 85, par. 1357.2)
7 Section 2-150. Tax exemption. Sec. 27.2. All property
8 of the Authority shall be exempt from taxation by the State
9 or any taxing unit therein.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 340/27.3) (from Ch. 85, par. 1357.3)
12 Section 2-140. State financial support. Sec. 27.3. The
13 Authority created by this Article Act shall receive financial
14 support from the State in the amounts provided for in Section
15 4 of the Metropolitan Civic Center Support Act.
16 (Source: P.A. 83-1456.)
17 (70 ILCS 340/28) (from Ch. 85, par. 1358)
18 Section 2-155. Partial invalidity. Sec. 28. If any
19 provision of this Article Act is held invalid such provision
20 shall be deemed to be excised from this Article Act and the
21 invalidity thereof shall not affect any of the other
22 provisions of this Article Act. If the application of any
23 provision of this Article Act to any person or circumstance
24 is held invalid it shall not affect the application of such
25 provision to such persons or circumstances other than those
26 as to which it is held invalid.
27 (Source: P.A. 76-1769.)
28 PART 245. SALEM CIVIC CENTER
29 (70 ILCS 335/1) (from Ch. 85, par. 7101)
30 Section 2-3. Purpose. Sec. 1. The purpose of this
-1152- LRB9000879DJcd
1 Article is to accomplish the aims of the State of Illinois to
2 enhance the ability of its citizens to avail themselves of
3 civic and cultural centers geographically situated throughout
4 the entire State of Illinois.
5 (Source: P.A. 86-1017.)
6 (70 ILCS 335/2) (from Ch. 85, par. 7102)
7 Section 245-1. Short title. Sec. 2. * * *(nonstandard
8 provisions contained in Section 245-1)* * *
9 (Source: P.A. 86-1017.)
10 (70 ILCS 335/3) (from Ch. 85, par. 7103)
11 Section 2-5. Definitions. Sec. 3. When used In this
12 Article:
13 * * *(nonstandard provisions contained in Section 245-5)*
14 * *
15 "Governmental agency" means the federal government, the
16 State, and any unit of local government or school district
17 governmental body, and any agency or instrumentality,
18 corporate or otherwise, thereof.
19 "Person" means any individual, firm, partnership,
20 corporation, both domestic and foreign, company, association
21 or joint stock association; and includes any trustee,
22 receiver, assignee or personal representative thereof.
23 * * *(nonstandard provisions contained in Section 245-5)*
24 * *
25 (Source: P.A. 86-1017.)
26 (70 ILCS 335/4) (from Ch. 85, par. 7104)
27 Section 2-10. Lawsuits; common seal. Sec. 4. * *
28 *(nonstandard provisions contained in Section 245-10) * * *
29 (a) The Authority may sue and be sued in its corporate
30 name, but execution shall not in any case issue against any
31 property of the Authority.
-1153- LRB9000879DJcd
1 (b) The Authority may adopt a common seal and change the
2 same at its pleasure. * * *(nonstandard provisions contained
3 in Section 245-10)* * *
4 (Source: P.A. 86-1017.)
5 (70 ILCS 335/5) (from Ch. 85, par. 7105)
6 Section 2-15. Duties; auditorium, recreational, and
7 other buildings; lease of space. Sec. 5. It shall be the
8 duty of the Authority to promote, operate and maintain
9 expositions, conventions, and theatrical, sports and cultural
10 activities from time to time in the metropolitan area and in
11 connection therewith to arrange, finance and maintain
12 industrial, cultural, educational, theatrical, sports, trade
13 and scientific exhibits and to construct, equip and maintain
14 auditorium, exposition, recreational and office buildings for
15 such purposes.
16 The provision of office space for lease and rental and
17 the lease of air space over and appurtenant to such
18 structures shall be deemed an integral function of the
19 Authority.
20 The Authority is granted all rights and powers necessary
21 to perform such duties.
22 (Source: P.A. 86-1017.)
23 (70 ILCS 335/6) (from Ch. 85, par. 7106)
24 Section 2-20. Rights and powers, including eminent
25 domain. Sec. 6. The Authority shall have the following
26 rights and powers duties:
27 (a) To acquire, purchase, own, construct, lease as
28 lessee or in any other way acquire, improve, extend, repair,
29 reconstruct, regulate, operate, equip and maintain exhibition
30 centers, civic auditoriums, cultural facilities and office
31 buildings, including sites and parking areas and commercial
32 facilities therefor located within the metropolitan area;.
-1154- LRB9000879DJcd
1 (b) To plan for such grounds, centers and auditoriums
2 and to plan, sponsor, hold, arrange and finance fairs,
3 industrial, cultural, educational education, trade and
4 scientific exhibits, shows and events and to use or allow the
5 use of such grounds, centers, and auditoriums for the holding
6 of fairs, exhibits, shows and events whether conducted by the
7 Authority or some other person or governmental agency;.
8 (c) To exercise the right of eminent domain to acquire
9 sites for such grounds, centers, buildings and auditoriums,
10 and parking areas and facilities in the manner provided for
11 the exercise of the right of eminent domain under Article VII
12 of the Code of Civil Procedure, as amended;.
13 (d) To fix and collect just, reasonable and
14 nondiscriminatory charges and rents for the use of such
15 parking areas and facilities, grounds, centers, buildings and
16 auditoriums and admission charges to fairs, shows, exhibits
17 and events sponsored or held by the Authority. The charges
18 collected may be made available to defray the reasonable
19 expenses of the Authority and to pay the principal of, and
20 the interest on, any bonds issued by the Authority;.
21 (e) To enter into contracts treating in any manner with
22 the objects and purposes of this Article.
23 (Source: P.A. 86-1017.)
24 (70 ILCS 335/7) (from Ch. 85, par. 7107)
25 Section 2-25. Incurring obligations. Sec. 7. The
26 Authority shall not incur any obligations for salaries or
27 for, office or administrative expenses except within the
28 amounts of funds that which will be available to it when such
29 obligations become payable.
30 (Source: P.A. 86-1017.)
31 (70 ILCS 335/8) (from Ch. 85, par. 7108)
32 Section 2-35. Acquisition of property from person,
-1155- LRB9000879DJcd
1 State, or local agency. Sec. 8. The Authority shall have
2 power (i) to acquire and accept by purchase, lease, gift or
3 otherwise any property or rights useful for the Authority's
4 purposes from any person or persons, from any municipal
5 corporation, body politic, or agency of the State, or from
6 the State itself, useful for its purposes, and (ii) to apply
7 for and accept grants, matching grants, loans or
8 appropriations from the State of Illinois or any agency or
9 instrumentality thereof to be used for any of the purposes of
10 the Authority, and (iii) to enter into any agreement with the
11 State of Illinois in relation to such grants, matching
12 grants, loans or appropriations.
13 (Source: P.A. 86-1017.)
14 (70 ILCS 335/9) (from Ch. 85, par. 7109)
15 Section 2-40. Federal money. Sec. 9. The Authority
16 shall have the power (i) to apply for and accept grants,
17 matching grants, loans or appropriations from the federal
18 government or any agency or instrumentality thereof to be
19 used for any of the purposes of the Authority and (ii) to
20 enter into any agreement with the federal government in
21 relation to such grants, matching grants, loans or
22 appropriations.
23 (Source: P.A. 86-1017.)
24 (70 ILCS 335/10) (from Ch. 85, par. 7110)
25 Section 2-45. Insurance. Sec. 10. The Authority shall
26 have the power to procure and enter into contracts for any
27 type of insurance and indemnity against loss or damage to
28 property from any cause, against loss of use and occupancy,
29 against employers' liability, against any act of any member,
30 officer, or employee of the Board or Authority in the
31 performance of the duties of the his office or employment,
32 and against or any other insurable risk.
-1156- LRB9000879DJcd
1 (Source: P.A. 86-1017.)
2 (70 ILCS 335/11) (from Ch. 85, par. 7111)
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance. Sec. 11. The Authority shall have continuing
5 power to borrow money for the purpose of carrying out and
6 performing its duties and exercising its powers under this
7 Article.
8 For the purpose of evidencing the obligation of the
9 Authority to repay any money borrowed as aforesaid, the
10 Authority may, pursuant to an ordinance adopted by the Board,
11 from time to time issue and dispose of its interest bearing
12 revenue bonds, and may also from time to time issue and
13 dispose of its interest bearing revenue bonds to refund any
14 bonds at maturity or pursuant to redemption provisions or at
15 any time before maturity with the consent of the holders
16 thereof. All such bonds shall be payable solely from the
17 revenues or income to be derived from the fairs, expositions,
18 exhibitions, rentals and leases and other authorized
19 activities operated by it, and from funds, if any, received
20 and to be received by the Authority from any other source.
21 Such bonds may bear such date or dates, may mature at such
22 time or times not exceeding 40 years from their respective
23 dates, may bear interest at such rate or rates, not exceeding
24 the maximum rate permitted by the Bond Authorization Act, may
25 be in such form, may carry such registration privileges, may
26 be executed in such manner, may be payable at such place or
27 places, may be made subject to redemption in such manner and
28 upon such terms, with or without premium as is stated on the
29 face thereof, may be executed in such manner, and may contain
30 such terms and covenants, all as may be provided in said
31 ordinance. In case any officer whose signature appears on
32 any bond ceases (after attaching his signature) to hold
33 office, his signature shall nevertheless be valid and
-1157- LRB9000879DJcd
1 effective for all purposes. The holder or holders of any
2 bonds, or interest coupons appertaining thereto issued by the
3 Authority may bring suits at law or proceedings in equity to
4 compel the performance and observance by the Authority or any
5 of its officers, agents or employees of or any contract or
6 covenant made by the Authority with the holders of such bonds
7 or interest coupons, and to compel the Authority or and any
8 of its officers, agents or employees to perform any duties
9 required to be performed for the benefit of the holders of
10 any such bonds or interest coupons by the provisions of the
11 ordinance authorizing their issuance, and to enjoin the
12 Authority and any of its officers, agents or employees from
13 taking any action in conflict with any such contract or
14 covenant.
15 Notwithstanding the form and tenor of any such bonds and
16 in the absence of any express recital on the face thereof
17 that it is non-negotiable, all such bonds shall be negotiable
18 instruments under the Uniform Commercial Code.
19 From and after the issuance of any bonds as herein
20 provided it shall be the duty of the corporate authorities of
21 the Authority to fix and establish rates, charges, rents, and
22 fees for the use of facilities acquired, constructed,
23 reconstructed, extended or improved with the proceeds of the
24 sale of said bonds sufficient at all times, with other
25 revenues of the Authority, to pay:
26 (a) the cost of maintaining, repairing, regulating and
27 operating the said facilities; and
28 (b) the bonds and interest thereon as they shall become
29 due, and all sinking fund requirements and other requirements
30 provided by the ordinance authorizing the issuance of the
31 bonds or as provided by any trust agreement executed to
32 secure payment thereof.
33 To secure the payment of any or all of such bonds and for
34 the purpose of setting forth the covenants and undertakings
-1158- LRB9000879DJcd
1 of the Authority in connection with the issuance thereof and
2 the issuance of any additional bonds payable from such
3 revenue income to be derived from the fairs, recreational,
4 theatrical, and cultural, expositions, sports activities,
5 exhibitions, office rentals, and air space leases and
6 rentals, and from other revenue, if any, the Authority may
7 execute and deliver a trust agreement or agreements; provided
8 that no lien upon any physical property of the Authority
9 shall be created thereby.
10 A remedy for any breach or default of the terms of any
11 such trust agreement by the Authority may be by mandamus
12 proceedings in any court of competent jurisdiction to compel
13 performance and compliance therewith, but the trust agreement
14 may prescribe by whom or on whose behalf such action may be
15 instituted.
16 Before any such bonds (excepting refunding bonds) are
17 sold, the entire authorized issue, or any part thereof, shall
18 be offered for sale as a unit after advertising for bids at
19 least 3 times in a daily newspaper of general circulation
20 published in the metropolitan area, the last publication to
21 be at least 10 days before bids are required to be filed.
22 Copies of such advertisement may be published in any
23 newspaper or financial publication in the United States. All
24 bids shall be sealed, filed and opened as provided by
25 ordinance and the bonds shall be awarded to the highest and
26 best bidder or bidders therefor. The Authority shall have
27 the right to reject all bids and to readvertise for bids in
28 the manner provided for in the initial advertisement.
29 However, if no bids are received, such bonds may be sold at
30 not less than par value, without further advertising, within
31 60 days after the bids are required to be filed pursuant to
32 any advertisement.
33 (Source: P.A. 86-1017.)
-1159- LRB9000879DJcd
1 (70 ILCS 335/11.5)
2 Section 245-12. Use and occupation taxes. Sec. 11.5.
3 *** (nonstandard provisions contained in Section 245-12) ***
4 (Source: P.A. 89-460, eff. 5-24-96.)
5 (70 ILCS 335/12) (from Ch. 85, par. 7112)
6 Section 2-55. Bonds; nature of indebtedness. Sec. 12.
7 Under no circumstances shall any bonds issued by the
8 Authority be or become an indebtedness or obligation of the
9 State of Illinois or of any political subdivision of or
10 municipality within the State, nor shall any such bond or
11 obligation be or become an indebtedness of the Authority
12 within the purview of any constitutional limitation or
13 provision, and it shall be plainly stated on the face of each
14 such bond that it does not constitute such an indebtedness or
15 obligation but is payable solely from the revenues or income
16 as provided in this Article aforesaid.
17 (Source: P.A. 86-1017.)
18 (70 ILCS 335/13) (from Ch. 85, par. 7113)
19 Section 2-60. Investment in bonds. Sec. 13. The State
20 and all counties, cities, villages, incorporated towns and
21 other municipal corporations, political subdivisions and
22 public bodies, and public officers of any thereof;, all
23 banks, bankers, trust companies, savings banks and
24 institutions, building and loan associations, savings and
25 loan associations, investment companies, and other persons
26 carrying on an insurance business; and all executors,
27 administrators, guardians, trustees and other fiduciaries may
28 legally invest any sinking funds, moneys or other funds
29 belonging to them or within their control in any bonds issued
30 pursuant to this Article, it being the purpose of this
31 Section to authorize the investment in such bonds of all
32 sinking, insurance, retirement, compensation, pension and
-1160- LRB9000879DJcd
1 trust funds, whether owned or controlled by private or public
2 persons or officers; provided, however, that nothing
3 contained in this Section may be construed as relieving any
4 person from any duty of exercising reasonable care in
5 selecting securities for investment.
6 (Source: P.A. 86-1017.)
7 (70 ILCS 335/14) (from Ch. 85, par. 7114)
8 Section 2-75. Board members; financial matters; conflict
9 of interest. Sec. 14. * * *(nonstandard provisions contained
10 in Section 245-15) * * * The members of the Board shall serve
11 without compensation, but shall be reimbursed for actual
12 expenses incurred by them in the performance of their duties.
13 No member of the Board or employee of the Authority shall
14 have any private financial interest, profit or benefit in any
15 contract, work or business of the Authority or nor in the
16 sale or lease of any property to or from the Authority.
17 (Source: P.A. 86-1017.)
18 (70 ILCS 335/15) (from Ch. 85, par. 7115)
19 Section 2-80. Board members' oath. Sec. 15. * *
20 *(nonstandard provisions contained in Section 245-20)* * *
21 Within 30 days after certification of his appointment, and
22 before entering upon the duties of his office, each member
23 of the Board shall take and subscribe the constitutional oath
24 of office and file it in the office of the Secretary of
25 State.
26 (Source: P.A. 86-1017.)
27 (70 ILCS 335/16) (from Ch. 85, par. 7116)
28 Section 2-85. Board members; vacancy in office. Sec. 16.
29 Members of the Board shall hold office until their respective
30 successors have been appointed and qualified. Any member may
31 resign from his office; the resignation takes to take effect
-1161- LRB9000879DJcd
1 when the member's his successor has been appointed and has
2 qualified. * * *(nonstandard provisions contained in Section
3 245-25)* * *
4 In case of failure to qualify within the time required,
5 or of abandonment of his office, or in case of death,
6 conviction of a felony or removal from office, a member's his
7 office shall become vacant. Each vacancy shall be filled for
8 the unexpired term by appointment in like manner, as in case
9 of expiration of the term of a member of the Board.
10 (Source: P.A. 86-1017.)
11 (70 ILCS 335/17) (from Ch. 85, par. 7117)
12 Section 2-90. Organization of the Board. Sec. 17. As
13 soon as practicably possible after the appointment of the
14 initial members, the Board shall organize for the transaction
15 of business, select a chairman and a temporary secretary from
16 its own number, and adopt by-laws and regulations to govern
17 its proceedings. The initial chairman and his successors
18 shall be elected by the Board from time to time for the term
19 of the chairman's his office as a member of the Board or for
20 the term of 3 years, whichever is shorter.
21 (Source: P.A. 86-1017.)
22 (70 ILCS 335/18) (from Ch. 85, par. 7118)
23 Section 2-96. Meetings; action by 4 Board members. Sec.
24 18. Regular meetings of the Board shall be held at least
25 once in each calendar month, the time and place of such
26 meetings to be fixed by the Board.
27 Four members of the Board shall constitute a quorum for
28 the transaction of business. All actions of the Board shall
29 be by ordinance or resolution and the affirmative vote of at
30 least 4 members shall be necessary for the adoption of any
31 ordinance or resolution.
32 All ordinances, resolutions and all proceedings of the
-1162- LRB9000879DJcd
1 Authority and all documents and records in its possession
2 shall be public records, and open to public inspection,
3 except such documents and records as shall be kept or
4 prepared by the Board for use in negotiations, actions action
5 or proceedings to which the Authority is a party.
6 (Source: P.A. 86-1017.)
7 (70 ILCS 335/19) (from Ch. 85, par. 7119)
8 Section 2-100. Secretary; treasurer. Sec. 19. The Board
9 shall appoint a secretary and a treasurer, who need not be
10 members of the Board, to hold office during the pleasure of
11 the Board, and shall fix their duties and compensation.
12 Before entering upon the duties of their respective offices,
13 they shall take and subscribe the constitutional oath of
14 office, and the treasurer shall execute a bond with corporate
15 sureties to be approved by the Board. The bond shall be
16 payable to the Authority in whatever penal sum may be
17 directed upon the faithful performance of the duties of the
18 office and the payment of all money received by the treasurer
19 him according to law and the orders of the Board. The Board
20 may, at any time, require a new bond from the treasurer in a
21 such penal sum as may then be determined by the Board. The
22 obligation of the sureties shall not extend to any loss
23 sustained by the insolvency, failure or closing of any
24 national or state bank wherein the treasurer has deposited
25 funds if the bank has been approved by the Board as a
26 depositary depository for those these funds. The oaths of
27 office and the treasurer's bond bonds shall be filed in the
28 principal office of the Authority.
29 (Source: P.A. 86-1017.)
30 (70 ILCS 335/20) (from Ch. 85, par. 7120)
31 Section 2-105. Funds. Sec. 20. All funds deposited by
32 the treasurer in any bank shall be placed in the name of the
-1163- LRB9000879DJcd
1 Authority and shall be withdrawn or paid out only by check or
2 draft upon the bank, signed by the treasurer and
3 countersigned by the chairman of the Board. The Board may
4 designate any of its members or any officer or employee of
5 the Authority to affix the signature of the chairman and
6 another to affix the signature of the treasurer to any check
7 or draft for payment of salaries or wages and for payment of
8 any other obligation of not more than $2,500.
9 (Source: P.A. 86-1017.)
10 (70 ILCS 335/21) (from Ch. 85, par. 7121)
11 Section 2-110. Signatures on checks or drafts. Sec. 21.
12 In case any officer whose signature appears upon any check or
13 draft issued pursuant to this Article ceases (after attaching
14 his signature) to hold his office after attaching his or her
15 signature and before the delivery of the check or draft
16 thereof to the payee, that his signature, nevertheless, shall
17 be valid and sufficient for all purposes with the same effect
18 as if the officer he had remained in office until delivery.
19 (Source: P.A. 86-1017.)
20 (70 ILCS 335/22) (from Ch. 85, par. 7122)
21 Section 2-115. General manager; other appointments. Sec.
22 22. The Board may appoint a general manager who shall be a
23 person of recognized ability and business experience, to hold
24 office during the pleasure of the Board. The general manager
25 shall have management of the properties and business of the
26 Authority and of the employees thereof subject to the general
27 control of the Board, shall direct the enforcement of all
28 ordinances, resolutions, rules and regulations of the Board,
29 and shall perform such other duties as may be prescribed from
30 time to time by the Board.
31 The Board may appoint a general attorney and a chief
32 engineer and shall provide for the appointment of such other
-1164- LRB9000879DJcd
1 officers, attorneys, engineers, planners, consultants, agents
2 and employees as may be necessary. The Board It shall define
3 their duties and require bonds of such of them as the Board
4 may designate.
5 The general manager, general attorney, chief engineer,
6 and all other officers provided for, pursuant to this
7 Section, shall be exempt from taking and subscribing any oath
8 of office and shall not be members of the Board.
9 The compensation of the general manager, general
10 attorney, chief engineer, and all other officers, attorneys,
11 planners, consultants, agents and employees shall be fixed by
12 the Board.
13 (Source: P.A. 86-1017.)
14 (70 ILCS 335/23) (from Ch. 85, par. 7123)
15 Section 2-122. Rules and regulations; penalties. Sec.
16 23. The Board shall have power to make all rules and
17 regulations, proper or necessary, to carry into effect the
18 powers granted to the Authority, with such penalties as may
19 be deemed proper.
20 (Source: P.A. 86-1017.)
21 (70 ILCS 335/24) (from Ch. 85, par. 7124)
22 Section 2-126. Contracts; award to other than highest or
23 lowest bidder by vote of 4 Board members. Sec. 24. All
24 contracts for the sale of property of the value of more than
25 $2,500 or for a concession in or lease of property including
26 air rights, of the Authority for a term of more than one year
27 shall be awarded to the highest responsible bidder, after
28 advertising for bids. All construction contracts and
29 contracts for supplies, materials, equipment and services,
30 when the expense thereof will exceed $2,500, shall be let to
31 the lowest responsible bidder, after advertising for bids,
32 excepting (1) when repair parts, accessories, equipment or
-1165- LRB9000879DJcd
1 services are required for equipment or services previously
2 furnished or contracted for; (2) when the nature of the
3 services required is such that competitive bidding is not in
4 the best interest of the public, including, without limiting
5 the generality of the foregoing, the services of accountants,
6 architects, attorneys, engineers, physicians, superintendents
7 of construction, and others possessing a high degree of
8 skill; and (3) when services such as water, light, heat,
9 power, telephone or telegraph are required.
10 All contracts involving less than $2,500 shall be let by
11 competitive bidding to the lowest responsible bidder whenever
12 possible, and, in any event, in a manner calculated to ensure
13 insure the best interests of the public. Competitive
14 bidding is not required for the lease of real estate or
15 buildings owned or controlled by the Authority. The Board is
16 empowered to offer such leases upon such terms as it deems
17 advisable.
18 In determining the responsibility of any bidder, the
19 Board may take into account the past record records of
20 dealings with the bidder, the bidder's experience, adequacy
21 of equipment, and ability to complete performance within the
22 time set, and other factors besides financial responsibility,
23 but in no case shall any such contracts be awarded to any
24 other than the highest bidder (in case of sale, concession or
25 lease) or the lowest bidder (in case of purchase or
26 expenditure) unless authorized or approved by a vote of at
27 least 4 members of the Board, and unless such action is
28 accompanied by a statement in writing setting forth the
29 reasons for not awarding the contract to the highest or
30 lowest bidder, as the case may be, which statement shall be
31 kept on file in the principal office of the Authority and
32 open to public inspection.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
-1166- LRB9000879DJcd
1 consanguinity by the terms of the civil law, are forbidden to
2 be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract, without competitive bidding, provided that it shall
10 not be less advantageous to the Authority than any valid bid
11 received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 (Source: P.A. 86-1017.)
15 (70 ILCS 335/25) (from Ch. 85, par. 7125)
16 Section 2-130. Bids and advertisements. Sec. 25.
17 Advertisements for bids shall be published at least twice in
18 a daily newspaper of general circulation published in the
19 metropolitan area, the last publication to be at least 10
20 calendar days before the time for receiving bids, and such
21 advertisements shall also be posted on readily accessible
22 bulletin boards in the principal office of the Authority.
23 Such advertisements shall state the time and place for
24 receiving and opening of bids and, by reference to plans and
25 specifications on file for receiving and opening of bids and
26 by reference to plans and specifications on file at the time
27 of the first publication, or in the advertisement itself,
28 shall describe the character of the proposed contract in
29 sufficient detail to fully advise prospective bidders of
30 their obligations and to ensure insure free and open
31 competitive bidding.
32 All bids in response to advertisements shall be sealed
33 and shall be publicly opened by the Board, and all bidders
-1167- LRB9000879DJcd
1 shall be entitled to be present in person or by
2 representatives. Cash or a certified or satisfactory
3 cashier's check, as a deposit of good faith, in a reasonable
4 amount to be fixed by the Board before advertising for bids,
5 shall be required with the proposal of each bidder. Bond for
6 faithful performance of the contract with surety or sureties
7 satisfactory to the Board and adequate insurance may be
8 required in reasonable amounts to be fixed by the Board
9 before advertising for bids.
10 The contract shall be awarded as promptly as possible
11 after the opening of bids. The bid of the successful bidder,
12 as well as the bids of the unsuccessful bidders, shall be
13 placed on file and be open to public inspection. All bids
14 shall be void if any disclosure of the terms of any bid in
15 response to an advertisement is made or permitted to be made
16 by the Board before the time fixed for opening bids.
17 * * *(nonstandard provisions contained in Section
18 245-30)* * *
19 (Source: P.A. 86-1017.)
20 (70 ILCS 335/26) (from Ch. 85, par. 7126)
21 Section 2-135. Report and financial statement. Sec. 26.
22 As soon after the end of each fiscal year as may be
23 expedient, the Board shall cause to be prepared and printed a
24 complete and detailed report and financial statement of its
25 operations and of its assets and liabilities. A reasonably
26 sufficient number of copies of such report shall be printed
27 for distribution to persons interested upon request and a
28 copy thereof shall be filed with the county clerk and the
29 appointing officers.
30 (Source: P.A. 86-1017.)
31 (70 ILCS 335/27) (from Ch. 85, par. 7127)
32 Section 2-140. State financial support. Sec. 27. The
-1168- LRB9000879DJcd
1 Authority created by this Article shall receive financial
2 support from the State in the amounts provided for in Section
3 4 of the Metropolitan Civic Center Support Act.
4 (Source: P.A. 86-1017.)
5 (70 ILCS 335/28) (from Ch. 85, par. 7128)
6 Section 2-145. Antitrust laws. Sec. 28. The Authority
7 is hereby expressly made the beneficiary of the provisions of
8 Section 1 of the Local Government Antitrust Exemption Act
9 "An Act to make explicit the authorization for units of local
10 government and certain other governmental bodies to act as
11 permitted by statute or the Illinois Constitution,
12 notwithstanding effects on competition", amendatory veto
13 overridden November 3, 1983, and the General Assembly intends
14 that the "State action exemption" to the application of the
15 federal antitrust laws be fully available to the Authority to
16 the extent its activities are either (1) expressly or by
17 necessary implication authorized by this Article or other
18 Illinois law, or (2) within traditional areas of local
19 governmental activity.
20 (Source: P.A. 86-1017.)
21 (70 ILCS 335/29) (from Ch. 85, par. 7129)
22 Section 2-150. Tax exemption. Sec. 29. All property of
23 the Authority shall be exempt from taxation by the State or
24 any taxing unit therein.
25 (Source: P.A. 86-1017.)
26 (70 ILCS 335/30) (from Ch. 85, par. 7130)
27 Section 2-30. Prompt payment. Sec. 30. Purchases made
28 under pursuant to this Article shall be made in compliance
29 with the Local Government Prompt Payment Act.
30 (Source: P.A. 86-1017.)
-1169- LRB9000879DJcd
1 PART 250. SHELDON CIVIC CENTER
2 (70 ILCS 220/8-1) (from Ch. 85, par. 5201)
3 Section 250-1. Short title. Sec. 8-1. * * *(nonstandard
4 provisions contained in Section 250-1)* * *
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/8-2) (from Ch. 85, par. 5202)
7 Section 2-5. Definitions. Sec. 8-2. As used In this
8 Article, unless the context otherwise requires:
9 * * *(nonstandard provisions contained in Section 250-5)*
10 * *
11 "Governmental agency" means the federal government, the
12 State of Illinois, any unit of local government or school
13 district, and any agency or instrumentality thereof.
14 "Person" means any individual, firm, partnership,
15 corporation, foreign or domestic company, association or
16 joint stock joint-stock association; and includes any
17 trustee, receiver, assignee or personal representative
18 thereof.
19 * * *(nonstandard provisions contained in Section 250-5)*
20 * *
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/8-3) (from Ch. 85, par. 5203)
23 Section 2-10. Lawsuits; common seal. Sec. 8-3. * *
24 *(nonstandard provisions contained in Section 250-10)* * *
25 (a) The Authority may sue and be sued in its corporate
26 own name but execution shall not in any case issue against
27 any property of the Authority.
28 (b) The Authority may adopt a common seal and change the
29 same such seal at its pleasure. * * *(nonstandard provisions
30 contained in Section 250-10)* * *
31 (Source: P.A. 84-245.)
-1170- LRB9000879DJcd
1 (70 ILCS 220/8-4) (from Ch. 85, par. 5204)
2 Section 2-17. Duties; auditorium and other buildings.
3 Sec. 8-4. It shall be the duty of the Authority to promote,
4 operate and maintain expositions, conventions, or theatrical,
5 sports or cultural activities from time to time in the
6 metropolitan area and in connection therewith to arrange,
7 finance and maintain industrial, cultural, educational,
8 theatrical, sports, trade or scientific exhibits and to lease
9 or construct, equip and maintain auditoriums, exposition
10 buildings or office buildings for such purposes.
11 The Authority is granted all rights and powers necessary
12 to perform such duties.
13 (Source: P.A. 84-245.)
14 (70 ILCS 220/8-5) (from Ch. 85, par. 5205)
15 Section 2-21. Rights and powers. Sec. 8-5. The Authority
16 shall have the following rights and powers duties:
17 (a) To acquire, purchase, own, construct, lease as
18 lessee or in any other way acquire, improve, extend, repair,
19 reconstruct, regulate, operate, equip and maintain fair or
20 exposition grounds, convention or exhibition centers, civic
21 auditoriums, and office and municipal buildings, including
22 sites and parking areas and facilities therefor located
23 within the metropolitan area.
24 (b) To enter into contracts treating in any manner with
25 the objects and purposes of this Article Act.
26 (c) To plan for such grounds, centers and auditoriums
27 and to plan, sponsor, hold, arrange, and finance fairs,
28 industrial, cultural, educational, trade and scientific
29 exhibits, shows and events and to use or allow the use of
30 such grounds, centers and auditoriums for the holding of
31 fairs, exhibits, shows and events, whether conducted by the
32 Authority or some other person or governmental agency.
33 (d) To fix and collect just, reasonable and
-1171- LRB9000879DJcd
1 nondiscriminatory charges and rents for the use of such
2 parking areas and facilities, grounds, centers, buildings and
3 auditoriums, and to collect admission charges to fairs,
4 shows, exhibits and events sponsored or held by the
5 Authority. The charges collected may be made available to
6 defray the reasonable expenses of the Authority and to pay
7 the principal of and the interest on any bonds issued by the
8 Authority.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/8-6) (from Ch. 85, par. 5206)
11 Section 2-25. Incurring obligations. Sec. 8-6. The
12 Authority shall not incur any obligations for salaries or for
13 office or administrative expenses except within the amounts
14 of funds that which will be available to it when such
15 obligations become payable.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/8-7) (from Ch. 85, par. 5207)
18 Section 2-36. Acquisition of property from person or
19 governmental agency. Sec. 8-7. The Authority shall have the
20 power (i) to acquire and accept by purchase, lease, gift or
21 otherwise any property or rights from any person or
22 governmental agency useful for its purposes, (ii) and to
23 apply for and accept grants, matching grants, loans or
24 appropriations from the State of Illinois or any agency or
25 instrumentality thereof to be used for any of the purposes of
26 the Authority, and (iii) to enter into any agreement with the
27 State of Illinois in relation to such grants, matching
28 grants, loans or appropriations.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/8-8) (from Ch. 85, par. 5208)
31 Section 2-40. Federal money. Sec. 8-8. The Authority
-1172- LRB9000879DJcd
1 shall have the power (i) to apply for and accept grants,
2 matching grants, loans or appropriations from the federal
3 government or any agency or instrumentality thereof to be
4 used for any of the purposes of the Authority, and (ii) to
5 enter into any agreement with the federal government in
6 relation to such grants, matching grants, loans or
7 appropriations.
8 (Source: P.A. 84-245.)
9 (70 ILCS 220/8-9) (from Ch. 85, par. 5209)
10 Section 2-45. Insurance. Sec. 8-9. The Authority shall
11 have the power to procure and enter into contracts for any
12 type of insurance and indemnity against loss or damage to
13 property from any cause, against loss of use and occupancy,
14 against employers' liability, against any act of any member,
15 officer, or employee of the Board or Authority in the
16 performance of the duties of the his office or employment,
17 and or against any other insurable risk.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/8-10) (from Ch. 85, par. 5210)
20 Section 2-51. Borrowing; revenue bonds; mandamus or
21 other actions to compel performance. Sec. 8-10. The
22 Authority shall have continuing power to borrow money for the
23 purpose of carrying out and performing its duties and
24 exercising its powers under this Article Act.
25 For the purpose of evidencing the obligation of the
26 Authority to repay any money borrowed as aforesaid, the
27 Authority may, pursuant to an ordinance adopted by the Board,
28 from time to time issue and dispose of its interest bearing
29 revenue bonds, and may also from time to time issue and
30 dispose of its interest bearing revenue bonds to refund any
31 bonds at maturity or pursuant to redemption provisions or at
32 any time before maturity with the consent of the holders
-1173- LRB9000879DJcd
1 thereof. All such bonds shall be payable solely from the
2 revenues or income to be derived from the fairs, expositions,
3 exhibitions, rentals and leases and other authorized
4 activities operated by the Authority, and from funds, if any,
5 received and to be received by the Authority from any other
6 source. Such bonds may bear such date or dates, may mature
7 at such time or times not exceeding 40 years from their
8 respective dates, may bear interest at such rate or rates,
9 not exceeding the maximum rate permitted by the Bond
10 Authorization Act "An Act to authorize public corporations to
11 issue bonds, other evidences of indebtedness and tax
12 anticipation warrants subject to interest rate limitations
13 set forth therein", approved May 26, 1970, as amended, may be
14 in such form, may carry such registration privileges, may be
15 executed in such manner, may be payable at such place or
16 places, may be made subject to redemption in such manner and
17 upon such terms, with or without premium as is stated on the
18 face thereof, may be executed in such manner and may contain
19 such terms and covenants, all as may be provided in the
20 ordinance. In case any officer whose signature appears on
21 any bond ceases (after attaching his signature) to hold
22 office,; his signature shall nevertheless be valid and
23 effective for all purposes. The holder or holders of any
24 bonds, or interest coupons appertaining thereto, issued by
25 the Authority may bring mandamus, injunction, or other civil
26 actions or and proceedings to compel the performance and
27 observance by the Authority or any of its officers, agents or
28 employees of or any contract or covenant made by the
29 Authority with the holders of such bonds or interest coupons,
30 and to compel the Authority and any of its officers, agents
31 or employees to perform any duties required to be performed
32 for the benefit of the holders of any such bonds or interest
33 coupons by the provisions of the ordinance authorizing their
34 issuance, and to enjoin the Authority and any of its
-1174- LRB9000879DJcd
1 officers, agents or employees from taking any action in
2 conflict with any such contract or covenant.
3 Notwithstanding the form and tenor of any such bonds and
4 in the absence of any express recital on the face thereof
5 that it is non-negotiable, all such bonds shall be negotiable
6 instruments under the Uniform Commercial Code of the State of
7 Illinois.
8 From and after the issuance of any bonds as herein
9 provided it shall be the duty of the corporate authorities of
10 the Authority to fix and establish rates, charges, rents, and
11 fees for the use of facilities acquired, constructed,
12 reconstructed, extended or improved with the proceeds of the
13 sale of said bonds sufficient at all times, with other
14 revenues of the Authority, to pay:
15 (a) the cost of leasing, maintaining, repairing,
16 regulating and operating the facilities; and
17 (b) the bonds and interest thereon as they shall become
18 due, and all sinking fund requirements and other requirements
19 provided by the ordinance authorizing the issuance of the
20 bonds or as provided by any trust agreement executed to
21 secure payment thereof.
22 To secure the payment of any or all of such bonds and for
23 the purpose of setting forth the covenants and undertakings
24 of the Authority in connection with the issuance thereof and
25 the issuance of any additional bonds payable from such
26 revenue income to be derived from the fairs, recreational,
27 theatrical or cultural expositions, sport activities,
28 exhibitions, office rentals, and air space leases and
29 rentals, and other revenue, if any, the Authority may execute
30 and deliver a trust agreement or agreements; provided that no
31 lien upon any physical property of the Authority shall be
32 created thereby.
33 A remedy for any breach or default of the terms of any
34 such trust agreement by the Authority may be by mandamus,
-1175- LRB9000879DJcd
1 injunction, or other civil actions or and proceedings in any
2 court of competent jurisdiction to compel performance and
3 compliance therewith, but the trust agreement may prescribe
4 by whom or on whose behalf such action may be instituted.
5 Before any such bonds (excepting refunding bonds) are
6 sold, the entire authorized issue, or any part thereof, shall
7 be offered for sale as a unit after advertising for bids at
8 least 3 times in a daily newspaper of general circulation
9 published in the metropolitan area, the last publication to
10 be at least 10 days before bids are required to be filed.
11 Copies of such advertisement may be published in any
12 newspaper or financial publication in the United States. All
13 bids shall be sealed, filed and opened as provided by
14 ordinance and the bonds shall be awarded to the highest and
15 best bidder or bidders therefor. The Authority shall have
16 the right to reject all bids and readvertise for bids in the
17 manner provided for in the initial advertisement. However,
18 if no bids are received such bonds may be sold at not less
19 than par value, without further advertising, within 60 days
20 after the bids are required to be filed pursuant to any
21 advertisement.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/8-11) (from Ch. 85, par. 5211)
24 Section 250-15. Bonds; nature of indebtedness. Sec.
25 8-11. * * *(nonstandard provisions contained in Section
26 250-15)* * *
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/8-12) (from Ch. 85, par. 5212)
29 Section 250-20. Investment in bonds. Sec. 8-12. * *
30 *(nonstandard provisions contained in Section 250-20)* * *
31 (Source: P.A. 84-245.)
-1176- LRB9000879DJcd
1 (70 ILCS 220/8-13) (from Ch. 85, par. 5213)
2 Section 2-75. Board members; financial matters; conflict
3 of interest. Sec. 8-13. * * *(nonstandard provisions
4 contained in Section 250-25)* * * The members of the Board
5 shall serve without compensation, but shall be reimbursed for
6 actual expenses incurred by them in the performance of their
7 duties.
8 No member of the Board or employee of the Authority shall
9 have any private financial interest, profit or benefit in any
10 contract, work or business of the Authority or nor in the
11 sale or lease of any property to or from the Authority.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/8-14) (from Ch. 85, par. 5214)
14 Section 2-80. Board members' oath. Sec. 8-14. * *
15 *(nonstandard provisions contained in Section 250-30)* * *
16 Within 30 days after certification of his appointment, and
17 before entering upon the duties of his office, each member of
18 the Board shall take and subscribe the constitutional oath of
19 office and file it in the office of the Secretary of State.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/8-15) (from Ch. 85, par. 5215)
22 Section 2-85. Board members; vacancy in office. Sec.
23 8-15. Members of the Board shall hold office until their
24 respective successors have been appointed and qualified. Any
25 member may resign from his office; the resignation takes to
26 take effect when the member's his successor has been
27 appointed and has qualified.
28 Section 2-83. Removal of Board member from office. The
29 appointing officer may remove any member of the Board
30 appointed by the officer him, in case of incompetency,
31 neglect of duty, or malfeasance in office, after service on
32 the member him, by registered United States mail, return
-1177- LRB9000879DJcd
1 receipt requested, of a copy of the written charges against
2 the member and him, and by providing him an opportunity to be
3 publicly heard in person or by counsel in the member's his
4 own defense upon not less than 10 days' notice.
5 (Section 2-85, resumed)
6 In case of failure to qualify within the time required,
7 or of abandonment of office, or in case of death, conviction
8 of a felony or removal from office, a member's office shall
9 become vacant. Each vacancy shall be filled for the
10 unexpired term by appointment in like manner, as in the case
11 of expiration of the term of a member of the Board.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/8-16) (from Ch. 85, par. 5216)
14 Section 2-90. Organization of the Board. Sec. 8-16. As
15 soon as practicably possible practicable after the
16 appointment of the initial members, the Board shall organize
17 for the transaction of business, select a chairman and a
18 temporary secretary from its own number, and adopt by-laws
19 and regulations to govern its proceedings. The initial
20 chairman and his successors shall be elected by the Board
21 from time to time for the term of the chairman's his office
22 as a member of the Board or for the a term of 3 years,
23 whichever is shorter.
24 (Source: P.A. 84-245.)
25 (70 ILCS 220/8-17) (from Ch. 85, par. 5217)
26 Section 2-96. Meetings; action by 4 Board members. Sec.
27 8-17. Regular meetings of the Board shall be held at least
28 once in each calendar month, the time and place of such
29 meetings to be fixed by the Board.
30 Four members of the Board shall constitute a quorum for
31 the transaction of business. All actions action of the Board
32 shall be by ordinance or resolution and the affirmative vote
-1178- LRB9000879DJcd
1 of at least 4 members shall be necessary for the adoption of
2 any ordinance or resolution.
3 All ordinances, resolutions and records of proceedings of
4 the Authority, and all documents and records in its
5 possession, shall be public records, and open to public
6 inspection, except such documents and records as shall be
7 kept or prepared by the Board for use in negotiations,
8 actions or proceedings to which the Authority is a party.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/8-18) (from Ch. 85, par. 5218)
11 Section 2-101. Secretary; treasurer; funds deposited in
12 bank or savings and loan association. Sec. 8-18. The Board
13 shall appoint a secretary and a treasurer, who need not be
14 members of the Board, to hold office during at the pleasure
15 of the Board, and shall fix their duties and compensation.
16 Before entering upon the their duties of their respective
17 offices they shall take and subscribe the constitutional oath
18 of office, and the treasurer shall execute a bond with
19 corporate sureties to be approved by the Board. The bond
20 shall be payable to the Authority in whatever penal sum may
21 be directed upon the faithful performance of the duties of
22 the office and the payment of all money received by the
23 treasurer him according to law and the orders of the Board.
24 The Board may, at any time, require a new bond from the
25 treasurer in such penal sum as may then be determined by the
26 Board. The obligation of the sureties shall not extend to
27 any loss sustained by the insolvency, failure or closing of
28 any savings and loan association or national or State bank
29 wherein the treasurer has deposited funds if the bank or
30 savings and loan association has been approved by the Board
31 as a depository for those these funds. The oaths of office
32 and the treasurer's bond shall be filed in the principal
33 office of the Authority.
-1179- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/8-19) (from Ch. 85, par. 5219)
3 Section 2-106. Funds; compliance with Public Funds
4 Investment Act. Sec. 8-19. All funds deposited by the
5 treasurer in any bank or savings and loan association shall
6 be placed in the name of the Authority and shall be withdrawn
7 or paid out only by check or draft upon the bank or savings
8 and loan association, signed by the treasurer and
9 countersigned by the chairman of the Board. The Board may
10 designate any of its members or any officer or employee of
11 the Authority to affix the signature of the chairman and
12 another to affix the signature of the treasurer to any check
13 or draft for payment of salaries or wages and for payment of
14 any other obligation of not more than $2,500.
15 No bank or savings and loan association shall receive
16 public funds as permitted by this Section, unless it has
17 complied with the requirements established pursuant to
18 Section 6 of the Public Funds Investment Act "An Act relating
19 to certain investments of public funds by public agencies",
20 approved July 23, 1943, as now or hereafter amended.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/8-20) (from Ch. 85, par. 5220)
23 Section 2-110. Signatures on checks or drafts. Sec.
24 8-20. In case any officer whose signature appears upon any
25 check or draft, issued pursuant to this Article Act, ceases
26 (after attaching his signature) to hold his office after
27 attaching his or her signature and before the delivery of the
28 check or draft thereof to the payee, that his signature
29 nevertheless shall be valid and sufficient for all purposes
30 with the same effect as if the officer he had remained in
31 office until delivery thereof.
32 (Source: P.A. 84-245.)
-1180- LRB9000879DJcd
1 (70 ILCS 220/8-21) (from Ch. 85, par. 5221)
2 Section 2-115. General manager; other appointments. Sec.
3 8-21. The Board may appoint a general manager who shall be a
4 person of recognized ability and business experience, to hold
5 office during at the pleasure of the Board. The general
6 manager shall have management of manage the properties and
7 business of the Authority and of the employees thereof
8 subject to the general control of the Board, and shall direct
9 the enforcement of all ordinances, resolutions, rules and
10 regulations of the Board, and shall perform such other duties
11 as may be prescribed from time to time by the Board.
12 The Board may appoint a general attorney and a chief
13 engineer and shall provide for the appointment of such other
14 officers, attorneys, engineers, planners, consultants, agents
15 and employees as may be necessary. The Board shall define
16 their duties and require bonds of such of them as the Board
17 may designate.
18 The general manager, general attorney, chief engineer,
19 and all other officers provided for pursuant to this Section
20 shall be exempt from taking and subscribing any oath of
21 office and shall not be members of the Board.
22 The compensation of the general manager, general
23 attorney, chief engineer, and all other officers, attorneys,
24 planners, consultants, agents and employees shall be fixed by
25 the Board.
26 (Source: P.A. 84-245.)
27 (70 ILCS 220/8-22) (from Ch. 85, par. 5222)
28 Section 2-120. Ordinances, rules, and regulations; fines
29 and penalties. Sec. 8-22. The Board shall have power to pass
30 all ordinances and make all rules and regulations proper or
31 necessary to carry into effect the powers granted to the
32 Authority, with such fines or penalties as may be deemed
33 proper. All fines and penalties shall be imposed by
-1181- LRB9000879DJcd
1 ordinance, which shall be published in a newspaper of general
2 circulation published in the metropolitan area. No such
3 ordinance imposing a fine or penalty shall take effect until
4 10 days after its publication.
5 (Source: P.A. 84-245.)
6 (70 ILCS 220/8-23) (from Ch. 85, par. 5223)
7 Section 2-127. Contracts; award to other than highest or
8 lowest bidder by four-fifths vote. Sec. 8-23. All contracts
9 for sale of property of the value of more than $2500, or for
10 a concession in or lease of property, including air rights,
11 of the Authority for a term of more than one year, shall be
12 awarded to the highest responsible bidder, after advertising
13 for bids. All construction contracts and contracts for
14 supplies, materials, equipment and services, when the expense
15 thereof will exceed $2500, shall be let to the lowest
16 responsible bidder, after advertising for bids, except: (1)
17 when repair parts, accessories, equipment or services are
18 required for equipment or services previously furnished or
19 contracted for; (2) when the nature of the services required
20 is such that competitive bidding is not in the best interest
21 of the public, including, without limiting the generality of
22 the foregoing, the services of accountants, architects,
23 attorneys, engineers, physicians, superintendents of
24 construction, and others possessing a high degree of skill;
25 and (3) when services such as water, light, heat, power,
26 telephone or telegraph are required.
27 All contracts involving less than $2500 shall be let by
28 competitive bidding to the lowest responsible bidder whenever
29 possible, and in any event in a manner calculated to ensure
30 insure the best interests of the public.
31 In determining the responsibility of any bidder, the
32 Board may take into account the past record of dealings with
33 the bidder, the bidder's experience, adequacy of equipment,
-1182- LRB9000879DJcd
1 and ability to complete performance within the time set, and
2 other factors besides financial responsibility, but in no
3 case shall any such contract be awarded to any other than the
4 highest bidder (in case of sale, concession or lease), or the
5 lowest bidder (in case of purchase or expenditure), unless
6 authorized or approved by a vote of at least 4/5 of the
7 members of the Board, and unless such action is accompanied
8 by a statement in writing setting forth the reasons for not
9 awarding the contract to the highest or lowest bidder, as the
10 case may be, which statement shall be kept on file in the
11 principal office of the Authority and open to public
12 inspection.
13 Members of the Board, officers and employees of the
14 Authority, and their relatives within the fourth degree of
15 consanguinity by the terms of the civil law, are forbidden to
16 be interested directly or indirectly in any contract for
17 construction or maintenance work or for the delivery of
18 materials, supplies or equipment.
19 The Board shall have the right to reject all bids and to
20 readvertise for bids. If after any such advertisement no
21 responsible and satisfactory bid, within the terms of the
22 advertisement, shall be received, the Board may award such
23 contract, without competitive bidding, provided that it shall
24 not be less advantageous to the Authority than any valid bid
25 received pursuant to advertisement.
26 The Board shall adopt rules and regulations to carry into
27 effect the provisions of this Section.
28 (Source: P.A. 84-245.)
29 (70 ILCS 220/8-24) (from Ch. 85, par. 5224)
30 Section 2-130. Bids and advertisements. Sec. 8-24.
31 Advertisements for bids shall be published at least twice in
32 a daily newspaper of general circulation published in the
33 metropolitan area, the last publication to be at least 10
-1183- LRB9000879DJcd
1 calendar days before the time for receiving bids, and such
2 advertisements shall also be posted on readily accessible
3 bulletin boards in the principal office of the Authority.
4 Such advertisements shall state the time and place for
5 receiving and opening of bids, and, by reference to plans and
6 specifications on file at the time of the first publication,
7 or in the advertisement itself, shall describe the character
8 of the proposed contract in sufficient detail to fully advise
9 prospective bidders of their obligations and to ensure insure
10 free and open competitive bidding.
11 All bids in response to advertisements shall be sealed
12 and shall be publicly opened by the Board, and all bidders
13 shall be entitled to be present in person or by
14 representatives. Cash or a certified or satisfactory
15 cashier's check, as a deposit of good faith, in a reasonable
16 amount to be fixed by the Board before advertising for bids,
17 shall be required with the proposal of each bidder. Bond for
18 faithful performance of the contract with surety or sureties
19 satisfactory to the Board and adequate insurance may be
20 required in reasonable amounts to be fixed by the Board
21 before advertising for bids.
22 The contract shall be awarded as promptly as possible
23 after the opening of bids. The bid of the successful bidder,
24 as well as the bids of the unsuccessful bidders, shall be
25 placed on file and be open to public inspection. All bids
26 shall be void if any disclosure of the terms of any bid in
27 response to an advertisement is made or permitted to be made
28 by the Board before the time fixed for opening bids.
29 (Source: P.A. 84-245.)
30 (70 ILCS 220/8-25) (from Ch. 85, par. 5225)
31 Section 250-35. Report and financial statement. Sec.
32 8-25. * * *(nonstandard provisions contained in Section
33 250-35)* * *
-1184- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/8-26) (from Ch. 85, par. 5226)
3 Section 2-150. Tax exemption. Sec. 8-26. All property
4 of the Authority shall be exempt from taxation by the State
5 or any taxing unit therein.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/8-27) (from Ch. 85, par. 5227)
8 Section 2-145. Antitrust laws. Sec. 8-27. The Authority
9 is hereby expressly made the beneficiary of the provisions of
10 Section 1 of the Local Government Antitrust Exemption Act "An
11 Act to make explicit the authorization for units of local
12 government and certain other governmental bodies to act as
13 permitted by statute or the Illinois Constitution,
14 notwithstanding effects on competition", amendatory veto
15 overridden November 3, 1983, and the General Assembly intends
16 that the "State action exemption" to the application of the
17 federal antitrust anti-trust laws be fully available to the
18 Authority to the extent its activities are either (1)
19 expressly or by necessary implication authorized by this
20 Article Act or other Illinois law, or (2) within traditional
21 areas of local governmental activity.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/8-28) (from Ch. 85, par. 5228)
24 Section 2-140. State financial support. Sec. 8-28. The
25 Authority created by this Article Act shall receive financial
26 support from the State in the amounts provided for in Section
27 4 of the Metropolitan Civic Center Support Act.
28 (Source: P.A. 84-245.)
29 PART 255. SPRINGFIELD METROPOLITAN
30 EXPOSITION AND AUDITORIUM AUTHORITY
-1185- LRB9000879DJcd
1 (70 ILCS 345/1) (from Ch. 85, par. 1251)
2 Section 255-1. Short title. Sec. 1. * * *(nonstandard
3 provisions contained in Section 255-1)* * *
4 (Source: Laws 1965, p. 2756.)
5 (70 ILCS 345/2) (from Ch. 85, par. 1252)
6 Section 2-5. Definitions. Sec. 2. When used In this
7 Article Act:
8 * * *(nonstandard provisions contained in Section 255-5)*
9 * *
10 "Governmental agency" means the federal government, the
11 State, and any unit of local government or school district
12 governmental body, and any agency or instrumentality,
13 corporate or otherwise, thereof.
14 "Person" means any individual, firm, partnership,
15 corporation, both domestic and foreign, company, association
16 or joint stock association; and includes any trustee,
17 receiver, assignee or personal representative thereof.
18 * * *(nonstandard provisions contained in Section 255-5)*
19 * *
20 (Source: P.A. 78-467.)
21 (70 ILCS 345/3) (from Ch. 85, par. 1253)
22 Section 2-10. Lawsuits; common seal. Sec. 3. * *
23 *(nonstandard provisions contained in Section 255-10)* * *
24 (a) The Authority may sue and be sued in its corporate
25 name but execution shall not in any case issue against any
26 property of the Authority.
27 (b) The Authority It may adopt a common seal and change
28 the same at its pleasure. * * *(nonstandard provisions
29 contained in Section 255-10)* * *
30 (Source: Laws 1965, p. 2756.)
31 (70 ILCS 345/4) (from Ch. 85, par. 1254)
-1186- LRB9000879DJcd
1 Section 255-15. Duties. Sec. 4. * * *(nonstandard
2 provisions contained in Section 255-15)* * *
3 (Source: Laws 1965, p. 2756.)
4 (70 ILCS 345/5) (from Ch. 85, par. 1255)
5 Section 255-20. Rights and powers. Sec. 5. * *
6 *(nonstandard provisions contained in Section 255-20)* * *
7 (Source: P.A. 82-783.)
8 (70 ILCS 345/6) (from Ch. 85, par. 1256)
9 Section 2-25. Incurring obligations. Sec. 6. The
10 Authority shall not incur any obligations for salaries, or
11 for office or administrative expenses except within the
12 amounts of funds that which will be available to it when such
13 obligations become payable.
14 (Source: Laws 1965, p. 2756.)
15 (70 ILCS 345/6.1) (from Ch. 85, par. 1256.1)
16 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
17 under pursuant to this Article Act shall be made in
18 compliance with the Local "Local Government Prompt Payment
19 Act", approved by the Eighty-fourth General Assembly.
20 (Source: P.A. 84-731.)
21 (70 ILCS 345/7) (from Ch. 85, par. 1257)
22 Section 2-35. Acquisition of property from person,
23 State, or local agency. Sec. 7. The Authority shall have the
24 power (i) to acquire and accept by purchase, lease, gift or
25 otherwise any property or rights useful for the Authority's
26 purposes from any person or persons, from any municipal
27 corporation, body politic, or agency of the State, or from
28 the State itself, (ii) useful for its purposes, and to apply
29 for and accept grants, matching grants, loans or
30 appropriations from the State of Illinois or any agency or
-1187- LRB9000879DJcd
1 instrumentality thereof to be used for any of the purposes of
2 the Authority, and (iii) to enter into any agreement with the
3 State of Illinois in relation to such grants, matching
4 grants, loans or appropriations.
5 (Source: P.A. 79-1390.)
6 (70 ILCS 345/8) (from Ch. 85, par. 1258)
7 Section 255-25. Federal money. Sec. 8. * * *(nonstandard
8 provisions contained in Section 255-25)* * *
9 (Source: Laws 1965, p. 2756.)
10 (70 ILCS 345/9) (from Ch. 85, par. 1259)
11 Section 2-45. Insurance. Sec. 9. The Authority shall
12 have the power to procure and enter into contracts for any
13 type of insurance and indemnity against loss or damage to
14 property from any cause, against loss of use and occupancy,
15 against employers' liability, against any act of any member,
16 officer, or employee of the Board or of Authority in the
17 performance of the duties of the his office or employment,
18 and against or any other insurable risk.
19 (Source: Laws 1965, p. 2756.)
20 (70 ILCS 345/10) (from Ch. 85, par. 1260)
21 Section 255-30. Borrowing; revenue bonds. Sec. 10. * *
22 *(nonstandard provisions contained in Section 255-30)* * *
23 (Source: P.A. 86-4.)
24 (70 ILCS 345/11) (from Ch. 85, par. 1261)
25 Section 255-35. Bonds; nature of indebtedness. Sec. 11.
26 * * *(nonstandard provisions contained in Section 255-35)* *
27 *
28 (Source: P.A. 76-1564.)
29 (70 ILCS 345/12) (from Ch. 85, par. 1262)
-1188- LRB9000879DJcd
1 Section 2-60. Investment in bonds. Sec. 12. The State
2 and all counties, cities, villages, incorporated towns and
3 other municipal corporations, political subdivisions and
4 public bodies, and public officers of any thereof;, all
5 banks, bankers, trust companies, savings banks and
6 institutions, building and loan associations, savings and
7 loan associations, investment companies and other persons
8 carrying on an insurance business; and all executors,
9 administrators, guardians, trustees and other fiduciaries may
10 legally invest any sinking funds, moneys or other funds
11 belonging to them or within their control in any bonds issued
12 pursuant to this Article Act, it being the purpose of this
13 Section to authorize the investment in such bonds of all
14 sinking, insurance, retirement, compensation, pension and
15 trust funds, whether owned or controlled by private or public
16 persons or officers; provided, however, that nothing
17 contained in this Section may be construed as relieving any
18 person from any duty of exercising reasonable care in
19 selecting securities for purchase or investment.
20 (Source: Laws 1965, p. 2756.)
21 (70 ILCS 345/13) (from Ch. 85, par. 1263)
22 Section 255-40. Tax. Sec. 13. * * *(nonstandard
23 provisions contained in Section 255-40)* * *
24 (Source: P.A. 81-1509.)
25 (70 ILCS 345/13(a)) (from Ch. 85, par. 1263a)
26 Section 255-45. Borrowing; general obligation and
27 revenue bonds; backdoor referendum. Sec. 13(a). * *
28 *(nonstandard provisions contained in Section 255-45)* * *
29 (Source: P.A. 86-4; 87-767.)
30 (70 ILCS 345/13(b)) (from Ch. 85, par. 1263b)
31 Section 255-50. G.O. bonds; election. Sec. 13(b). * *
-1189- LRB9000879DJcd
1 *(nonstandard provisions contained in Section 255-50)* * *
2 (Source: P.A. 81-1489.)
3 (70 ILCS 345/13(c)) (from Ch. 85, par. 1263c)
4 Section 255-55. Election; canvass of returns; expenses.
5 Sec. 13(c). * * *(nonstandard provisions contained in Section
6 255-55)* * *
7 (Source: P.A. 81-1489.)
8 (70 ILCS 345/14) (from Ch. 85, par. 1264)
9 Section 2-76. Board members; financial matters;
10 compensation for secretary or treasurer; conflict of
11 interest. Sec. 14. * * *(nonstandard provisions contained in
12 Section 255-60)* * * The members of the Board shall serve
13 without compensation, but shall be reimbursed for actual
14 expenses incurred by them in the performance of their duties.
15 However, any member of the Board who is appointed to the
16 office of secretary or treasurer may receive compensation for
17 his or her services as such officer.
18 No member of the Board or employee of the Authority shall
19 have any private financial interest, profit or benefit in any
20 contract, work or business of the Authority or not in the
21 sale or lease of any property to or from the Authority.
22 (Source: P.A. 79-529.)
23 (70 ILCS 345/15(a)) (from Ch. 85, par. 1265a)
24 Section 255-65. Term of Board members; election of
25 successors. Sec. 15(a). * * *(nonstandard provisions
26 contained in Section 255-65)* * *
27 (Source: P.A. 81-1490.)
28 (70 ILCS 345/15(b)) (from Ch. 85, par. 1265b)
29 Section 255-70. Qualifications of Board members and
30 voters. Sec. 15(b). * * *(nonstandard provisions contained in
-1190- LRB9000879DJcd
1 Section 255-70)* * *
2 (Source: P.A. 81-1490.)
3 (70 ILCS 345/15(c)) (from Ch. 85, par. 1265c)
4 Section 255-75. Nomination of Board members. Sec. 15(c).
5 * * *(nonstandard provisions contained in Section 255-75)* *
6 *
7 (Source: P.A. 81-1490.)
8 (70 ILCS 345/15(d)) (from Ch. 85, par. 1265d)
9 Section 255-80. Election of Board members. Sec. 15(d). *
10 * *(nonstandard provisions contained in Section 255-80)* * *
11 (Source: P.A. 81-1490.)
12 (70 ILCS 345/16) (from Ch. 85, par. 1266)
13 Section 255-85. Board members; vacancy in office. Sec.
14 16. * * *(nonstandard provisions contained in Section
15 255-85)* * *
16 (Source: P.A. 80-1469.)
17 (70 ILCS 345/17) (from Ch. 85, par. 1267)
18 Section 255-90. Organization of the Board. Sec. 17. * *
19 *(nonstandard provisions contained in Section 255-90)* * *
20 (Source: P.A. 79-529.)
21 (70 ILCS 345/18) (from Ch. 85, par. 1268)
22 Section 255-95. Meetings; quorum; approval of ordinances
23 and resolutions by chairman; public records. Sec. 18. * *
24 *(nonstandard provisions contained in Section 255-95)* * *
25 (Source: Laws 1965, p. 2756.)
26 (70 ILCS 345/19) (from Ch. 85, par. 1269)
27 Section 2-101. Secretary; treasurer; funds deposited in
28 bank or savings and loan association. Sec. 19. The Board
-1191- LRB9000879DJcd
1 shall appoint a secretary and a treasurer, who need not be
2 members of the Board, to hold office during the pleasure of
3 the Board, and shall fix their duties and compensation.
4 Before entering upon the its duties of their respective
5 offices they shall take and subscribe the constitutional oath
6 of office, and the treasurer shall execute a bond with
7 corporate sureties to be approved by the Board. The bond
8 shall be payable to the Authority in whatever penal sum may
9 be directed upon the faithful performance of the duties of to
10 the office and the payment of all money received by the
11 treasurer him according to law and the orders of the Board.
12 The Board may, at any time, require a new bond from the
13 treasurer in such penal sum as may then be determined by the
14 Board. The obligation of the sureties shall not extend to any
15 loss sustained by the insolvency, failure or closing of any
16 savings and loan association or national or State bank
17 wherein the treasurer has deposited funds if the bank or
18 savings and loan association has been approved by the Board
19 as a depository depositary for those these funds. The oaths
20 of office and the treasurer's bond shall be filed in the
21 principal office of the Authority.
22 (Source: P.A. 83-541.)
23 (70 ILCS 345/20) (from Ch. 85, par. 1270)
24 Section 255-100. Deposit of funds. Sec. 20. * *
25 *(nonstandard provisions contained in Section 255-100)* * *
26 (Source: P.A. 83-541.)
27 (70 ILCS 345/21) (from Ch. 85, par. 1271)
28 Section 2-110. Signatures on checks or drafts. Sec. 21.
29 In case any officer whose signature appears upon any check or
30 draft, issued pursuant to this Article Act, ceases (after
31 attaching his signature) to hold his office after attaching
32 his or her signature and before the delivery of the check or
-1192- LRB9000879DJcd
1 draft thereof to the payee, that his signature nevertheless
2 shall be valid and sufficient for all purposes with the same
3 effect as if the officer he had remained in office until
4 delivery thereof.
5 (Source: Laws 1965, p. 2756.)
6 (70 ILCS 345/22) (from Ch. 85, par. 1272)
7 Section 2-115. General manager; other appointments. Sec.
8 22. The Board may appoint a general manager who shall be a
9 person of recognized ability and business experience, to hold
10 office during the pleasure of the Board. The general manager
11 shall have management of the properties and business of the
12 Authority and of the employees thereof subject to the general
13 control of the Board, shall direct the enforcement of all
14 ordinances, resolutions, rules and regulations of the Board,
15 and shall perform such other duties as may be prescribed from
16 time to time by the Board.
17 The Board may appoint a general attorney and a chief
18 engineer and shall provide for the appointment of such other
19 officers, attorneys, engineers, planners, consultants, agents
20 and employees as may be necessary. The Board It shall define
21 their duties and require bonds of such of them as the Board
22 may designate.
23 The general manager, general attorney, chief engineer,
24 and all other officers provided for pursuant to this Section
25 shall be exempt from taking and subscribing any oath of
26 office and shall not be members of the Board.
27 The compensation of the general manager, general
28 attorney, chief engineer, and all other officers, attorneys,
29 planners, consultants, agents and employees shall be fixed by
30 the Board.
31 (Source: P.A. 81-257.)
32 (70 ILCS 345/23) (from Ch. 85, par. 1273)
-1193- LRB9000879DJcd
1 Section 2-120. Ordinances, rules, and regulations; fines
2 and penalties. Sec. 23. The Board shall have power to pass
3 all ordinances and make all rules and regulations proper or
4 necessary to carry into effect the powers granted to the
5 Authority, with such fines or penalties as may be deemed
6 proper. All fines and penalties shall be imposed by
7 ordinance, which shall be published in a newspaper of general
8 circulation published in the metropolitan area embraced by
9 the Authority. No such ordinance imposing a fine or penalty
10 shall take effect until 10 ten days after its publication.
11 (Source: Laws 1965, p. 2756.)
12 (70 ILCS 345/24) (from Ch. 85, par. 1274)
13 Section 2-128. Contracts; award to other than highest or
14 lowest bidder by three-fourths vote. Sec. 24. All contracts
15 for the sale of property of the value of more than $2,500 or
16 for any concession in or lease of property of the Authority
17 for a term of more than one year shall be awarded to the
18 highest responsible bidder, after advertising for bids. All
19 construction contracts and contracts for supplies, materials,
20 equipment and services, when the expense thereof will exceed
21 $2,500, shall be let to the lowest responsible bidder, after
22 advertising for bids, excepting (1) when repair parts,
23 accessories, equipment or services are required for equipment
24 or services previously furnished or contracted for; (2) when
25 the nature of the services required is such that competitive
26 bidding is not in the best interest of the public, including,
27 without limiting the generality of the foregoing, the
28 services of accountants, architects, attorneys, engineers,
29 physicians, superintendents of construction, and others
30 possessing a high degree of skill; and (3) when services such
31 as water, light, heat, power, telephone or telegraph are
32 required.
33 All contracts involving less than $2,500 shall be let by
-1194- LRB9000879DJcd
1 competitive bidding whenever possible, and in any event in a
2 manner calculated to ensure insure the best interests of the
3 public.
4 In determining the responsibility of any bidder, the
5 Board may take into account the past record of dealings with
6 the bidder, the bidder's experience, adequacy of equipment,
7 and ability to complete performance within the time set, and
8 other factors besides financial responsibility, but in no
9 case shall any such contracts be awarded to any other than
10 the highest bidder (in case of sale, concession or lease) or
11 the lowest bidder (in case of purchase or expenditure) unless
12 authorized or approved by a vote of at least three-fourths of
13 the members of the Board, and unless such action is
14 accompanied by a statement in writing setting forth the
15 reasons for not awarding the contract to the highest or
16 lowest bidder, as the case may be, which statement shall be
17 kept on file in the principal office of the Authority and
18 open to public inspection.
19 From the group of responsible bidders the lowest bidder
20 shall be selected in the following manner: to all bids for
21 sales the gross receipts of which are not taxable under the
22 "Retailers' Occupation Tax Act", approved June 28, 1933, as
23 amended, there shall be added an amount equal to the tax
24 which would be payable under said Act, if applicable, and the
25 lowest in amount of said adjusted bids and bids for sales the
26 gross receipts of which are taxable under said Act shall be
27 considered the lowest bid; provided, that, if said lowest bid
28 relates to a sale not taxable under said Act, any contract
29 entered into thereon shall be in the amount of the original
30 bid not adjusted as aforesaid.
31 Contracts shall not be split into parts involving
32 expenditures of less than $2,500 for the purposes of avoiding
33 the provisions of this Section, and all such split contracts
34 shall be void. If any collusion occurs among bidders or
-1195- LRB9000879DJcd
1 prospective bidders in restraint of freedom of competition,
2 by agreement to bid a fixed amount or to refrain from bidding
3 or otherwise, the bids of such bidders shall be void. Each
4 bidder shall accompany his bid with a sworn statement that he
5 has not been a party to any such agreement.
6 Members of the Board, officers and employees of the
7 Authority, and their relatives within the fourth degree of
8 consanguinity by the terms of the civil law, are forbidden to
9 be interested directly or indirectly in any contract for
10 construction or maintenance work or for the delivery of
11 materials, supplies or equipment.
12 The Board shall have the right to reject all bids and to
13 readvertise for bids. If after any such advertisement no
14 responsible and satisfactory bid, within the terms of the
15 advertisement, shall be received, the Board may award such
16 contract, without competitive bidding, provided that it shall
17 not be less advantageous to the Authority than any valid bid
18 received pursuant to advertisement.
19 The Board shall adopt rules and regulations to carry into
20 effect the provisions of this Section.
21 (Source: Laws 1965, p. 2756.)
22 (70 ILCS 345/25) (from Ch. 85, par. 1275)
23 Section 2-130. Bids and advertisements. Sec. 25.
24 Advertisements for bids shall be published at least twice in
25 a daily newspaper of general circulation published in the
26 metropolitan area, the last publication to be at least 10 ten
27 calendar days before the time for receiving bids, and such
28 advertisements shall also be posted on readily accessible
29 bulletin boards in the principal office of the Authority.
30 Such advertisements shall state the time and place for
31 receiving and opening of bids, and, by reference to plans and
32 specifications on file at the time of the first publication,
33 or in the advertisement itself, shall describe the character
-1196- LRB9000879DJcd
1 of the proposed contract in sufficient detail to fully advise
2 prospective bidders of their obligations and to ensure insure
3 free and open competitive bidding.
4 All bids in response to advertisements shall be sealed
5 and shall be publicly opened by the Board, and all bidders
6 shall be entitled to be present in person or by
7 representatives. Cash or a certified or satisfactory
8 cashier's check, as a deposit of good faith, in a reasonable
9 amount to be fixed by the Board before advertising for bids,
10 shall be required with the proposal of each bidder. Bond for
11 faithful performance of the contract with surety or sureties
12 satisfactory to the Board and adequate insurance may be
13 required in reasonable amounts to be fixed by the Board
14 before advertising for bids.
15 The contract shall be awarded as promptly as possible
16 after the opening of bids. The bid of the successful bidder,
17 as well as the bids of the unsuccessful bidders, shall be
18 placed on file and be open to public inspection. All bids
19 shall be void if any disclosure of the terms of any bid in
20 response to an advertisement is made or permitted to be made
21 by the Board before the time fixed for opening bids.
22 * * *(nonstandard provisions contained in Section
23 255-105)* * *
24 (Source: P.A. 83-345.)
25 (70 ILCS 345/26) (from Ch. 85, par. 1276)
26 Section 255-110. Report and financial statement. Sec.
27 26. * * *(nonstandard provisions contained in Section
28 255-110)* * *
29 (Source: P.A. 79-529.)
30 (70 ILCS 345/27) (from Ch. 85, par. 1277)
31 Section 2-155. Partial invalidity. Sec. 27. If any
32 provision of this Article Act is held invalid such provision
-1197- LRB9000879DJcd
1 shall be deemed to be excised from this Article act and the
2 invalidity thereof shall not affect any of the other
3 provisions of this Article Act. If the application of any
4 provision of this Article Act to any person or circumstance
5 is held invalid it shall not affect the application of such
6 provision to such persons or circumstances other than those
7 as to which it is held invalid.
8 (Source: Laws 1965, p. 2756.)
9 (70 ILCS 345/28) (from Ch. 85, par. 1278)
10 Section 255-115. Disconnection of territory. Sec. 28. *
11 * *(nonstandard provisions contained in Section 255-115)* * *
12 (Source: P.A. 78-467.)
13 (70 ILCS 345/29) (from Ch. 85, par. 1279)
14 Section 255-120. Tax status of disconnected territory.
15 Sec. 29. * * *(nonstandard provisions contained in Section
16 255-120)* * *
17 (Source: P.A. 78-467.)
18 (70 ILCS 345/30) (from Ch. 85, par. 1280)
19 Section 255-125. Reconnection of disconnected territory.
20 Sec. 30. * * *(nonstandard provisions contained in Section
21 255-125)* * *
22 (Source: P.A. 78-467.)
23 (70 ILCS 345/31) (from Ch. 85, par. 1281)
24 Section 2-145. Antitrust laws. Sec. 31. The Authority
25 is hereby expressly made the beneficiary of the provisions of
26 Section 1 of the Local Government Antitrust Exemption Act "An
27 Act to make explicit the authorization for units of local
28 government and certain other governmental bodies to act as
29 permitted by statute or the Illinois Constitution,
30 notwithstanding effects on competition", amendatory veto
-1198- LRB9000879DJcd
1 overridden November 3, 1983, and the General Assembly intends
2 that the "State action exemption" to the application of the
3 federal antitrust anti-trust laws be fully available to the
4 Authority to the extent its activities are either (1)
5 expressly or by necessary implication authorized by this
6 Article Act or other Illinois law, or (2) within traditional
7 areas of local governmental activity.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 345/32) (from Ch. 85, par. 1282)
10 Section 2-150. Tax exemption. Sec. 32. All property of
11 the Authority shall be exempt from taxation by the State or
12 any taxing unit therein.
13 (Source: P.A. 83-1456.)
14 (70 ILCS 345/33) (from Ch. 85, par. 1283)
15 Section 2-140. State financial support. Sec. 33. The
16 Authority created by this Article Act shall receive financial
17 support from the State in the amounts provided for in Section
18 4 of the Metropolitan Civic Center Support Act.
19 (Source: P.A. 83-1456.)
20 PART 260. STERLING CIVIC CENTER
21 (70 ILCS 270/2-1) (from Ch. 85, par. 3501)
22 Section 2-3. Purpose. Sec. 2-1. The purpose of this
23 Article Act is to accomplish the aims of the State of
24 Illinois to enhance the ability of its citizens to avail
25 themselves of civic and cultural centers geographically
26 situated throughout the entire State of Illinois.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/2-2) (from Ch. 85, par. 3502)
29 Section 260-1. Short title. Sec. 2-2. * * *(nonstandard
30 provisions contained in Section 260-1)* * *
-1199- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/2-3) (from Ch. 85, par. 3503)
3 Section 2-5. Definitions. Sec. 2-3. When used In this
4 Article:
5 * * *(nonstandard provisions contained in Section 260-5)*
6 * *
7 "Governmental agency" means the federal government, the
8 State, and any unit of local government or school district
9 governmental body, and any agency or instrumentality,
10 corporate or otherwise, thereof.
11 "Person" means any individual, firm, partnership,
12 corporation, both domestic and foreign, company, association
13 or joint stock association; and includes any trustee,
14 receiver, assignee or personal representative thereof.
15 * * *(nonstandard provisions contained in Section 260-5)*
16 * *
17 (Source: P.A. 83-1456.)
18 (70 ILCS 270/2-4) (from Ch. 85, par. 3504)
19 Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
20 *(nonstandard provisions contained in Section 260-10)* * *
21 (a) The Authority may sue and be sued in its corporate
22 name but execution shall not in any case issue against any
23 property of the Authority.
24 (b) The Authority It may adopt a common seal and change
25 the same at its pleasure. * * *(nonstandard provisions
26 contained in Section 260-10)* * *
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/2-5) (from Ch. 85, par. 3505)
29 Section 2-16. Duties; auditorium and other buildings;
30 lease of space. Sec. 2-5. It shall be the duty of the
31 Authority to promote, operate and maintain expositions,
-1200- LRB9000879DJcd
1 conventions, and theatrical, sports and cultural activities
2 from time to time in the metropolitan area and in connection
3 therewith to arrange, finance and maintain industrial,
4 cultural, educational, theatrical, sports, trade and
5 scientific exhibits and to construct, equip and maintain
6 auditorium, exposition and office buildings for such
7 purposes.
8 The provision of office space for lease and rental and
9 lease and the lease of air space over and appurtenant to such
10 structures shall be deemed an integral function of the
11 Authority.
12 The Authority is granted all rights and powers necessary
13 to perform such duties.
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/2-6) (from Ch. 85, par. 3506)
16 Section 2-20. Rights and powers, including eminent
17 domain. Sec. 2-6. The Authority shall have the following
18 rights and powers duties:
19 (a) To acquire, purchase, own, construct, lease as
20 lessee or in any other way acquire, improve, extend, repair,
21 reconstruct, regulate, operate, equip and maintain exhibition
22 centers, civic auditoriums, cultural facilities and office
23 buildings, including sites and parking areas and commercial
24 facilities therefor located within the metropolitan area;
25 (b) To plan for such grounds, centers and auditoriums
26 and to plan, sponsor, hold, arrange and finance fairs,
27 industrial, cultural, educational, trade and scientific
28 exhibits, shows and events and to use or allow the use of
29 such grounds, centers, and auditoriums for the holding of
30 fairs, exhibits, shows and events whether conducted by the
31 Authority or some other person or governmental agency;
32 (c) To exercise the right of eminent domain to acquire
33 sites for such grounds, centers, buildings and auditoriums,
-1201- LRB9000879DJcd
1 and parking areas and facilities in the manner provided for
2 the exercise of the right of eminent domain under Article VII
3 of the Code of Civil Procedure, as amended;
4 (d) To fix and collect just, reasonable and
5 nondiscriminatory charges and rents for the use of such
6 parking areas and facilities, grounds, centers, buildings and
7 auditoriums and admission charges to fairs, shows, exhibits
8 and events sponsored or held by the Authority. The charges
9 collected may be made available to defray the reasonable
10 expenses of the Authority and to pay the principal of and the
11 interest on any bonds issued by the Authority;
12 (e) To enter into contracts treating in any manner with
13 the objects and purposes of this Article Act.
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/2-7) (from Ch. 85, par. 3507)
16 Section 2-25. Incurring obligations. Sec. 2-7. The
17 Authority shall not incur any obligations for salaries or
18 for, office or administrative expenses except within the
19 amounts of funds that which will be available to it when such
20 obligations become payable.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 270/2-7.1) (from Ch. 85, par. 3507.1)
23 Section 2-30. Prompt payment. Sec. 2-7.1. Purchases made
24 under pursuant to this Article Act shall be made in
25 compliance with the "Local Government Prompt Payment Act",
26 approved by the Eighty-fourth General Assembly.
27 (Source: P.A. 84-731.)
28 (70 ILCS 270/2-8) (from Ch. 85, par. 3508)
29 Section 2-35. Acquisition of property from person, State,
30 or local agency. Sec. 2-8. The Authority shall have power
31 (i) to acquire and accept by purchase, lease, gift or
-1202- LRB9000879DJcd
1 otherwise any property or rights useful for the Authority's
2 purposes from any person or persons, from any municipal
3 corporation, body politic, or agency of the State, or from
4 the State itself, (ii) useful for its purposes, and to apply
5 for and accept grants, matching grants, loans or
6 appropriations from the State of Illinois or any agency or
7 instrumentality thereof to be used for any of the purposes of
8 the Authority, and (iii) to enter into any agreement with the
9 State of Illinois in relation to such grants, matching
10 grants, loans or appropriations.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/2-9) (from Ch. 85, par. 3509)
13 Section 2-40. Federal money. Sec. 2-9. The Authority
14 shall have the power (i) to apply for and accept grants,
15 matching grants, loans or appropriations from the federal
16 government or any agency or instrumentality thereof to be
17 used for any of the purposes of the Authority and (ii) to
18 enter into any agreement with the federal government in
19 relation to such grants, matching grants, loans or
20 appropriations.
21 (Source: P.A. 83-1456.)
22 (70 ILCS 270/2-10) (from Ch. 85, par. 3510)
23 Section 2-45. Insurance. Sec. 2-10. The Authority shall
24 have the power to procure and enter into contracts for any
25 type of insurance and indemnity against loss or damage to
26 property from any cause, against loss of use and occupancy,
27 against employers' liability, against any act of any member,
28 officer, or employee of the Board or Authority in the
29 performance of the duties of the his office or employment,
30 and or against any other insurable risk.
31 (Source: P.A. 83-1456.)
-1203- LRB9000879DJcd
1 (70 ILCS 270/2-11) (from Ch. 85, par. 3511)
2 Section 2-50. Borrowing; revenue bonds; suits to compel
3 performance. Sec. 2-11. The Authority shall have continuing
4 power to borrow money for the purpose of carrying out and
5 performing its duties and exercising its powers under this
6 Article Act.
7 For the purpose of evidencing the obligation of the
8 Authority to repay any money borrowed as aforesaid, the
9 Authority may, pursuant to an ordinance adopted by the Board,
10 from time to time issue and dispose of its interest bearing
11 revenue bonds, and may also from time to time issue and
12 dispose of its interest bearing revenue bonds to refund any
13 bonds at maturity or pursuant to redemption provisions or at
14 any time before maturity with the consent of the holders
15 thereof. All such bonds shall be payable solely from the
16 revenues or income to be derived from the fairs, expositions,
17 exhibitions, rentals and leases and other authorized
18 activities operated by it, and from funds, if any, received
19 and to be received by the Authority from any other source.
20 Such bonds may bear such date or dates, may mature at such
21 time or times not exceeding 40 forty years from their
22 respective dates, may bear interest at such rate or rates,
23 not exceeding the maximum rate permitted by the Bond
24 Authorization Act "An Act to authorize public corporations to
25 issue bonds, other evidences of indebtedness and tax
26 anticipation warrants subject to interest rate limitations
27 set forth therein", approved May 26, 1970, as amended, may be
28 in such form, may carry such registration privileges, may be
29 executed in such manner, may be payable at such place or
30 places, may be made subject to redemption in such manner and
31 upon such terms, with or without premium as is stated on the
32 face thereof, may be executed in such manner, and may contain
33 such terms and covenants, all as may be provided in said
34 ordinance. In case any officer whose signature appears on any
-1204- LRB9000879DJcd
1 bond ceases (after attaching his signature) to hold office,
2 his signature shall nevertheless be valid and effective for
3 all purposes. The holder or holders of any bonds, or interest
4 coupons appertaining thereto issued by the Authority may
5 bring suits at law or proceedings in equity to compel the
6 performance and observance by the Authority or any of its
7 officers, agents or employees of any contract or covenant
8 made by the Authority with the holders of such bonds or
9 interest coupons, and to compel the Authority or and any of
10 its officers, agents or employees to perform any duties
11 required to be performed for the benefit of the holders of
12 any such bonds or interest coupons by the provisions of the
13 ordinance authorizing their issuance, and to enjoin the
14 Authority and any of its officers, agents or employees from
15 taking any action in conflict with any such contract or
16 covenant.
17 Notwithstanding the form and tenor of any such bonds and
18 in the absence of any express recital on the face thereof
19 that it is non-negotiable, all such bonds shall be negotiable
20 instruments under the Uniform Commercial Code.
21 From and after the issuance of any bonds as herein
22 provided it shall be the duty of the corporate authorities of
23 the Authority to fix and establish rates, charges, rents, and
24 fees for the use of facilities acquired, constructed,
25 reconstructed, extended or improved with the proceeds of the
26 sale of said bonds sufficient at all times, with other
27 revenues of the Authority, to pay:
28 (a) the cost of maintaining, repairing, regulating and
29 operating the said facilities; and
30 (b) the bonds and interest thereon as they shall become
31 due, and all sinking fund requirements and other requirements
32 provided by the ordinance authorizing the issuance of the
33 bonds or as provided by any trust agreement executed to
34 secure payment thereof.
-1205- LRB9000879DJcd
1 To secure the payment of any or all of such bonds and for
2 the purpose of setting forth the covenants and undertakings
3 of the Authority in connection with the issuance thereof and
4 the issuance of any additional bonds payable from such
5 revenue income to be derived from the fairs, recreational,
6 theatrical, and cultural, expositions, sports sport
7 activities, exhibitions, office rentals, and air space leases
8 and rentals, and from other revenue, if any, the Authority
9 may execute and deliver a trust agreement or agreements;
10 provided that no lien upon any physical property of the
11 Authority shall be created thereby.
12 A remedy for any breach or default of the terms of any
13 such trust agreement by the Authority may be by mandamus
14 proceedings in any court of competent jurisdiction to compel
15 performance and compliance therewith, but the trust agreement
16 may prescribe by whom or on whose behalf such action may be
17 instituted.
18 Before any such bonds (excepting refunding bonds) are
19 sold, the entire authorized issue, or any part thereof, shall
20 be offered for sale as a unit after advertising for bids at
21 least 3 three times in a daily newspaper of general
22 circulation published in the metropolitan area, the last
23 publication to be at least 10 ten days before bids are
24 required to be filed. Copies of such advertisement may be
25 published in any newspaper or financial publication in the
26 United States. All bids shall be sealed, filed and opened as
27 provided by ordinance and the bonds shall be awarded to the
28 highest and best bidder or bidders therefor. The Authority
29 shall have the right to reject all bids and to readvertise
30 for bids in the manner provided for in the initial
31 advertisement. However, if no bids are received such bonds
32 may be sold at not less than par value, without further
33 advertising, within 60 days after the bids are required to be
34 filed pursuant to any advertisement.
-1206- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/2-12) (from Ch. 85, par. 3512)
3 Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
4 Under no circumstances shall any bonds issued by the
5 Authority be or become an indebtedness or obligation of the
6 State of Illinois or of any other political subdivision of or
7 municipality within the State, nor shall any such bond or
8 obligation be or become an indebtedness of the Authority
9 within the purview of any constitutional limitation or
10 provision, and it shall be plainly stated on the face of each
11 such bond that it does not constitute such an indebtedness or
12 obligation but is payable solely from the revenues or income
13 as provided in this Article aforesaid.
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/2-13) (from Ch. 85, par. 3513)
16 Section 2-60. Investment in bonds. Sec. 2-13. The State
17 and all counties, cities, villages, incorporated towns and
18 other municipal corporations, political subdivisions and
19 public bodies, and public officers of any thereof;, all
20 banks, bankers, trust companies, savings banks and
21 institutions, building and loan associations, savings and
22 loan associations, investment companies and other persons
23 carrying on an insurance business; and all executors,
24 administrators, guardians, trustees and other fiduciaries may
25 legally invest any sinking funds, moneys or other funds
26 belonging to them or within their control in any bonds issued
27 pursuant to this Article Act, it being the purpose of this
28 Section to authorize the investment in such bonds of all
29 sinking, insurance, retirement, compensation, pension and
30 trust funds, whether owned or controlled by private or public
31 persons or officers; provided, however, that nothing
32 contained in this Section may be construed as relieving any
-1207- LRB9000879DJcd
1 person from any duty of exercising reasonable care in
2 selecting securities for investment.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/2-14) (from Ch. 85, par. 3514)
5 Section 2-65. Bonds other than revenue bonds. Sec. 2-14.
6 No bonds, other than revenue bonds issued pursuant to Section
7 2-50 2-10, shall be issued by the Authority until the
8 proposition to issue the bonds same has been submitted to and
9 approved by a majority of the voters of the said metropolitan
10 area voting upon the proposition at a general election in
11 accordance with the general election law. The Authority may
12 by resolution order the such proposition submitted at a
13 regular election in accordance with the general election law,
14 whereupon the recording officer shall certify the resolution
15 and the proposition to the proper election officials for
16 submission. Any proposition to issue bonds under this
17 Section as herein set forth shall be in substantially the
18 following form:
19 Shall bonds of the (name of Authority) to the amount
20 of $(amount) be issued for the purpose of (state
21 purpose)?
22 The votes shall be recorded as "Yes" or "No".
23 -------------------------------------------------------------
24 Shall bonds of the "Sterling YES
25 Metropolitan Exposition,
26 Auditorium and Office Building ------------------------
27 Authority" to the amount of.....
28 Dollars ($ ) be issued for the
29 purpose of....? NO
30 -------------------------------------------------------------
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/2-15) (from Ch. 85, par. 3515)
-1208- LRB9000879DJcd
1 Section 2-70. Tax. Sec. 2-15. If a majority of the
2 voters of the said metropolitan area approve the issuance of
3 bonds as provided in Section 2-65 2-14 of this Act, the
4 Authority shall have power to levy and collect annually a sum
5 sufficient to pay for the annual principal and interest
6 charges on such bonds.
7 Such taxes proposed by the Authority to be levied upon
8 the taxable property within the metropolitan area shall be
9 levied by ordinance. After the ordinance has been adopted it
10 shall, within 10 days after its passage, be published once in
11 a newspaper published and having a general circulation within
12 the metropolitan area. A certified copy of such levy
13 ordinance shall be filed with the county clerk no later than
14 the 3rd Tuesday in September in each year. Upon Thereupon the
15 filing of the ordinance the county clerk shall extend such
16 tax; provided the aggregate amount of taxes levied for any
17 one year shall not exceed the rate of .0005% of the full fair
18 cash value of the taxable property in the metropolitan area,
19 as equalized or assessed by the Department of Revenue.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/2-16) (from Ch. 85, par. 3516)
22 Section 2-75. Board members; financial matters; conflict
23 of interest. Sec. 2-16. * * *(nonstandard provisions
24 contained in Section 260-15)* * * The members of the Board
25 shall serve without compensation, but shall be reimbursed for
26 actual expenses incurred by them in the performance of their
27 duties.
28 No member of the Board or employee of the Authority shall
29 have any private financial interest, profit or benefit in any
30 contract, work or business of the Authority or nor in the
31 sale or lease of any property to or from the Authority.
32 (Source: P.A. 83-1456.)
-1209- LRB9000879DJcd
1 (70 ILCS 270/2-17) (from Ch. 85, par. 3517)
2 Section 2-80. Board members' oath. Sec. 2-17. * *
3 *(nonstandard provisions contained in Section 260-20)* * *
4 Within 30 days after certification of his appointment, and
5 before entering upon the duties of his office, each member of
6 the Board shall take and subscribe the constitutional oath of
7 office and file it in the office of the Secretary of State.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 270/2-18) (from Ch. 85, par. 3518)
10 Section 2-85. Board members; vacancy in office. Sec.
11 2-18. Members of the Board shall hold office until their
12 respective successors have been appointed and qualified. Any
13 member may resign from his office; the resignation takes to
14 take effect when the member's his successor has been
15 appointed and has qualified.
16 Section 2-83. Removal of Board member from office. The
17 appointing officer may remove any member of the Board
18 appointed by the officer him, in case of incompetency,
19 neglect of duty, or malfeasance in office, after service on
20 the member him, by registered United States mail, return
21 requested, of a copy of the written charges against the
22 member him and an opportunity to be publicly heard in person
23 or by counsel in the member's his own defense upon not less
24 than 10 days' notice.
25 (Section 2-85, resumed)
26 In case of failure to qualify within the time required,
27 or of abandonment of his office, or in case of death,
28 conviction of a felony or removal from office, a member's his
29 office shall become vacant. Each vacancy shall be filled for
30 the unexpired term by appointment in like manner, as in the
31 case of expiration of the term of a member of the Board.
32 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/2-19) (from Ch. 85, par. 3519)
2 Section 2-90. Organization of the Board. Sec. 2-19. As
3 soon as practicably possible after the appointment of the
4 initial members, the Board shall organize for the transaction
5 of business, select a chairman and a temporary secretary from
6 its own number, and adopt by-laws and regulations to govern
7 its proceedings. The initial chairman and his successors
8 shall be elected by the Board from time to time for the term
9 of the chairman's his office as a member of the Board or for
10 the term of 3 years, whichever is shorter.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/2-20) (from Ch. 85, par. 3520)
13 Section 2-96. Meetings; action by 4 Board members. Sec.
14 2-20. Regular meetings of the Board shall be held at least
15 once in each calendar month, the time and place of such
16 meetings to be fixed by the Board.
17 Four members of the Board shall constitute a quorum for
18 the transaction of business. All actions of the Board shall
19 be by ordinance or resolution and the affirmative vote of at
20 least 4 members shall be necessary for the adoption of any
21 ordinance or resolution.
22 All ordinances, resolutions and all proceedings of the
23 Authority and all documents and records in its possession
24 shall be public records, and open to public inspection,
25 except such documents and records as shall be kept or
26 prepared by the Board for use in negotiations, actions action
27 or proceedings to which the Authority is a party.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/2-21) (from Ch. 85, par. 3521)
30 Section 2-100. Secretary; treasurer. Sec. 2-21. The
31 Board shall appoint a secretary and a treasurer, who need not
32 be members of the Board, to hold office during the pleasure
-1211- LRB9000879DJcd
1 of the Board, and shall fix their duties and compensation.
2 Before entering upon the duties of their respective offices
3 they shall take and subscribe the constitutional oath of
4 office, and the treasurer shall execute a bond with corporate
5 sureties to be approved by the Board. The bond shall be
6 payable to the Authority in whatever penal sum may be
7 directed upon the faithful performance of the duties of the
8 office and the payment of all money received by the treasurer
9 him according to law and the orders of the Board. The Board
10 may, at any time, require a new bond from the treasurer in a
11 such penal sum as may then be determined by the Board. The
12 obligation of the sureties shall not extend to any loss
13 sustained by the insolvency, failure or closing of any
14 national or state bank wherein the treasurer has deposited
15 funds if the bank has been approved by the Board as a
16 depositary for those these funds. The oaths of office and
17 the treasurer's bond shall be filed in the principal office
18 of the Authority.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/2-22) (from Ch. 85, par. 3522)
21 Section 260-25. Deposit of funds. Sec. 2-22. * *
22 *(nonstandard provisions contained in Section 260-25)* * *
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/2-23) (from Ch. 85, par. 3523)
25 Section 2-110. Signatures on checks or drafts. Sec. 2-23.
26 In case any officer whose signature appears upon any check or
27 draft, issued pursuant to this Article Act, ceases (after
28 attaching his signature) to hold his office after attaching
29 his or her signature and before the delivery of the check or
30 draft thereof to the payee, that his signature nevertheless
31 shall be valid and sufficient for all purposes with the same
32 effect as if the officer he had remained in office until
-1212- LRB9000879DJcd
1 delivery.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/2-24) (from Ch. 85, par. 3524)
4 Section 2-115. General manager; other appointments. Sec.
5 2-24. The Board may appoint a general manager who shall be a
6 person of recognized ability and business experience, to
7 hold office during the pleasure of the Board. The general
8 manager shall have management of the properties and business
9 of the Authority and of the employees thereof subject to the
10 general control of the Board, shall direct the enforcement of
11 all ordinances, resolutions, rules and regulations of the
12 Board, and shall perform such other duties as may be
13 prescribed from time to time by the Board.
14 The Board may appoint a general attorney and a chief
15 engineer and shall provide for the appointment of such other
16 officers, attorneys, engineers, planners, consultants, agents
17 and employees as may be necessary. The Board It shall define
18 their duties and require bonds of such of them as the Board
19 may designate.
20 The general manager, general attorney, chief engineer,
21 and all other officers provided for pursuant to this Section
22 shall be exempt from taking and subscribing any oath of
23 office and shall not be members of the Board.
24 The compensation of the general manager, general
25 attorney, chief engineer, and all other officers, attorneys,
26 planners, consultants, agents and employees shall be fixed by
27 the Board.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/2-25) (from Ch. 85, par. 3525)
30 Section 2-122. Rules and regulations; penalties. Sec.
31 2-25. The Board shall have power to make all rules and
32 regulations proper or necessary to carry into effect the
-1213- LRB9000879DJcd
1 powers granted to the Authority, with such penalties as may
2 be deemed proper.
3 (Source: P.A. 83-1456.)
4 (70 ILCS 270/2-26) (from Ch. 85, par. 3526)
5 Section 2-125. Contracts; award to other than highest or
6 lowest bidder by vote of 5 Board members. Sec. 2-26. All
7 contracts for the sale of property of the value of more than
8 $2,500 or for a concession in or lease of property, including
9 air rights, of the Authority for a term of more than one year
10 shall be awarded to the highest responsible bidder, after
11 advertising for bids. All construction contracts and
12 contracts for supplies, materials, equipment and services,
13 when the expense thereof will exceed $2,500, shall be let to
14 the lowest responsible bidder, after advertising for bids,
15 excepting (1) when repair parts, accessories, equipment or
16 services are required for equipment or services previously
17 furnished or contracted for; (2) when the nature of the
18 services required is such that competitive bidding is not in
19 the best interest of the public, including, without limiting
20 the generality of the foregoing, the services of accountants,
21 architects, attorneys, engineers, physicians, superintendents
22 of construction, and others possessing a high degree of
23 skill; and (3) when services such as water, light, heat,
24 power, telephone or telegraph are required.
25 All contracts involving less than $2,500 shall be let by
26 competitive bidding to the lowest responsible bidder whenever
27 possible, and in any event in a manner calculated to ensure
28 insure the best interests of the public. Competitive bidding
29 is not required for the lease of real estate or buildings
30 owned or controlled by the Authority. The Board is empowered
31 to offer such leases upon such terms as it deems advisable.
32 In determining the responsibility of any bidder, the
33 Board may take into account the past record of dealings with
-1214- LRB9000879DJcd
1 the bidder, the bidder's experience, adequacy of equipment,
2 and ability to complete performance within the time set, and
3 other factors besides financial responsibility, but in no
4 case shall any such contracts be awarded to any other than
5 the highest bidder (in case of sale, concession or lease) or
6 the lowest bidder (in case of purchase or expenditure) unless
7 authorized or approved by a vote of at least 5 members of the
8 Board, and unless such action is accompanied by a statement
9 in writing setting forth the reasons for not awarding the
10 contract to the highest or lowest bidder, as the case may be,
11 which statement shall be kept on file in the principal office
12 of the Authority and open to public inspection.
13 Members of the Board, officers and employees of the
14 Authority, and their relatives within the fourth degree of
15 consanguinity by the terms of the civil law, are forbidden to
16 be interested directly or indirectly in any contract for
17 construction or maintenance work or for the delivery of
18 materials, supplies or equipment.
19 The Board shall have the right to reject all bids and to
20 readvertise for bids. If after any such advertisement no
21 responsible and satisfactory bid, within the terms of the
22 advertisement, shall be received, the Board may award such
23 contract, without competitive bidding, provided that it shall
24 not be less advantageous to the Authority than any valid bid
25 received pursuant to advertisement.
26 The Board shall adopt rules and regulations to carry into
27 effect the provisions of this Section.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/2-27) (from Ch. 85, par. 3527)
30 Section 2-130. Bids and advertisements. Advertisements
31 Sec. 2-27. Advertisement for bids shall be published at least
32 twice in a daily newspaper of general circulation published
33 in the metropolitan area, the last publication to be at least
-1215- LRB9000879DJcd
1 10 calendar days before the time for receiving bids, and such
2 advertisements shall also be posted on readily accessible
3 bulletin boards in the principal office of the Authority.
4 Such advertisements shall state the time and place for
5 receiving and opening of bids, and, by reference to plans and
6 specifications on file at the time of the first publication,
7 or in the advertisement itself, shall describe the character
8 of the proposed contract in sufficient detail to fully advise
9 prospective bidders of their obligations and to ensure insure
10 free and open competitive bidding.
11 All bids in response to advertisements shall be sealed
12 and shall be publicly opened by the Board, and all bidders
13 shall be entitled to be present in person or by
14 representatives. Cash or a certified or satisfactory
15 cashier's check, as a deposit of good faith, in a reasonable
16 amount to be fixed by the Board before advertising for bids,
17 shall be required with the proposal of each bidder. Bond for
18 faithful performance of the contract with surety or sureties
19 satisfactory to the Board and adequate insurance may be
20 required in reasonable amounts to be fixed by the Board
21 before advertising for bids.
22 The contract shall be awarded as promptly as possible
23 after the opening of bids. The bid of the successful bidder,
24 as well as the bids of the unsuccessful bidders, shall be
25 placed on file and be open to public inspection. All bids
26 shall be void if any disclosure of the terms of any bid in
27 response to an advertisement is made or permitted to be made
28 by the Board before the time fixed for opening bids.
29 * * *(nonstandard provisions contained in Section
30 260-30)* * *
31 (Source: P.A. 83-1456.)
32 (70 ILCS 270/2-28) (from Ch. 85, par. 3528)
33 Section 2-135. Report and financial statement. Sec. 2-28.
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1 As soon after the end of each fiscal year as may be
2 expedient, the Board shall cause to be prepared and printed a
3 complete and detailed report and financial statement of its
4 operations and of its assets and liabilities. A reasonably
5 sufficient number of copies of such report shall be printed
6 for distribution to persons interested, upon request and a
7 copy thereof shall be filed with the county clerk and the
8 appointing officers.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/2-29) (from Ch. 85, par. 3529)
11 Section 2-150. Tax exemption. Sec. 2-29. All property of
12 the Authority shall be exempt from taxation by the State or
13 any taxing unit therein.
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/2-30) (from Ch. 85, par. 3530)
16 Section 2-140. State financial support. Sec. 2-30. The
17 Authority created by this Article Act shall receive financial
18 support from the State in the amounts provided for in Section
19 4 of the Metropolitan Civic Center Support Act.
20 (Source: P.A. 83-1456.)
21 (70 ILCS 270/2-31) (from Ch. 85, par. 3531)
22 Section 2-145. Antitrust laws. Sec. 2-31. The Authority
23 is hereby expressly made the beneficiary of the provisions
24 of Section 1 of the Local Government Antitrust Exemption Act
25 "An Act to make explicit the authorization for units of local
26 government and certain other governmental bodies to act as
27 permitted by statute or the Illinois Constitution,
28 notwithstanding effects on competition", amendatory veto
29 overridden November 3, 1983, and the General Assembly intends
30 that the "State action exemption" to the application of the
31 federal antitrust anti-trust laws be fully available to the
-1217- LRB9000879DJcd
1 Authority to the extent its activities are either (1)
2 expressly or by necessary implication authorized by this
3 Article Act or other Illinois law, or (2) within traditional
4 areas of local governmental activity.
5 (Source: P.A. 83-1456.)
6 PART 265. VERMILION COUNTY CIVIC CENTER
7 (70 ILCS 265/1) (from Ch. 85, par. 1551)
8 Section 265-5. Purpose. Sec. 1. * * * (nonstandard
9 provisions contained in Section 265-5) * * *
10 (Source: P.A. 86-888; 86-907.)
11 (70 ILCS 265/1.1) (from Ch. 85, par. 1551.1)
12 Section 265-1. Short title. Sec. 1.1. * * * (nonstandard
13 provisions contained in Section 265-1) * * *
14 (Source: P.A. 86-888; 86-907.)
15 (70 ILCS 265/2) (from Ch. 85, par. 1552)
16 Section 2-5. Definitions. In this Article: Sec. 2.
17 * * * (nonstandard provisions contained in Section
18 265-10) * * *
19 "Governmental agency" means the federal government, the
20 State of Illinois, any unit of local government or school
21 district, and any agency or instrumentality thereof.
22 "Person" means any individual, firm, partnership,
23 corporation, both domestic and foreign, company, association
24 or joint stock joint-stock association; and includes any
25 trustee, receiver, assignee or personal representative
26 thereof.
27 * * * (nonstandard provisions contained in Section
28 265-10) * * *
29 (Source: P.A. 86-888; 86-907.)
30 (70 ILCS 265/3) (from Ch. 85, par. 1553)
-1218- LRB9000879DJcd
1 Section 2-10. Lawsuits; common seal. Sec. 3. * * *
2 (nonstandard provisions contained in Section 265-15) * * *
3 (a) The Authority may sue and be sued in its corporate
4 own name but execution shall not in any case issue against
5 any property of the Authority.
6 (b) The Authority It may adopt a common seal and change
7 the same at its pleasure. * * * (nonstandard provisions
8 contained in Section 265-15) * * *
9 (Source: P.A. 86-888; 86-907.)
10 (70 ILCS 265/4) (from Ch. 85, par. 1554)
11 Section 2-16. Duties; auditorium and other buildings;
12 lease of space. Sec. 4. It shall be the duty of the Authority
13 to promote, operate and maintain expositions, conventions,
14 and theatrical, sports and cultural activities from time to
15 time in the metropolitan area and in connection therewith to
16 arrange, finance and maintain industrial, cultural,
17 educational, theatrical, sports, trade and scientific
18 exhibits and to construct, equip and maintain auditorium,
19 exposition and office buildings for such purposes.
20 The provision of office space for rental and lease and
21 the lease of air space over and appurtenant to such
22 structures shall be deemed an integral function of the
23 Authority.
24 The Authority is granted all rights and powers necessary
25 to perform such duties.
26 (Source: P.A. 79-794.)
27 (70 ILCS 265/5) (from Ch. 85, par. 1555)
28 Section 265-20. Rights and powers, including eminent
29 domain. Sec. 5. * * * (nonstandard provisions contained in
30 Section 265-20) * * *
31 (Source: P.A. 82-783.)
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1 (70 ILCS 265/6) (from Ch. 85, par. 1556)
2 Section 2-25. Incurring obligations. Sec. 6. The
3 Authority shall not incur any obligations for salaries or
4 for, office or administrative expenses except within the
5 amounts of funds that which will be available to it when such
6 obligations become payable.
7 (Source: P.A. 79-794.)
8 (70 ILCS 265/6.1) (from Ch. 85, par. 1556.1)
9 Section 2-30. Prompt payment. Sec. 6.1. Purchases made
10 under pursuant to this Article Act shall be made in
11 compliance with the the "Local Government Prompt Payment
12 Act", approved by the Eighty-fourth General Assembly.
13 (Source: P.A. 84-731.)
14 (70 ILCS 265/7) (from Ch. 85, par. 1557)
15 Section 2-36. Acquisition of property from person or
16 governmental agency. Sec. 7. The Authority shall have the
17 power (i) to acquire and accept by purchase, lease, gift or
18 otherwise any property or rights from any person or
19 governmental agency useful for its purposes, (ii) and to
20 apply for and accept grants, matching grants, loans or
21 appropriations from the State of Illinois or any agency or
22 instrumentality thereof to be used for any of the purposes of
23 the Authority, and (iii) to enter into any agreement with the
24 State of Illinois in relation to such grants, matching
25 grants, loans or appropriations.
26 (Source: P.A. 79-794.)
27 (70 ILCS 265/8) (from Ch. 85, par. 1558)
28 Section 2-40. Federal money. Sec. 8. The Authority shall
29 have the power (i) to apply for and accept grants, matching
30 grants, loans or appropriations from the federal government
31 or any agency or instrumentality thereof to be used for any
-1220- LRB9000879DJcd
1 of the purposes of the Authority and (ii) to enter into any
2 agreement with the federal government in relation to such
3 grants, matching grants, loans or appropriations.
4 (Source: P.A. 79-794.)
5 (70 ILCS 265/9) (from Ch. 85, par. 1559)
6 Section 2-45. Insurance. Sec. 9. The Authority shall
7 have the power to procure and enter into contracts for any
8 type of insurance and indemnity against loss or damage to
9 property from any cause, against loss of use and occupancy,
10 against employers' liability, against any act of any member,
11 officer, or employee of the Board or of Authority in the
12 performance of the duties of the his office or employment,
13 and against or any other insurable risk.
14 (Source: P.A. 79-794.)
15 (70 ILCS 265/10) (from Ch. 85, par. 1560)
16 Section 2-52. Borrowing; revenue bonds; interest payable
17 semi-annually; bond sale price; effect of Omnibus Bond Acts.
18 Sec. 10. The Authority shall have continuing power to borrow
19 money for the purpose of carrying out and performing its
20 duties and exercising its powers under this Article Act.
21 For the purpose of evidencing the obligation of the
22 Authority to repay any money borrowed as aforesaid, the
23 Authority may, pursuant to an ordinance adopted by the Board,
24 from time to time issue and dispose of its interest bearing
25 revenue bonds, and may also from time to time issue and
26 dispose of its interest bearing revenue bonds to refund any
27 bonds at maturity or pursuant to redemption provisions or at
28 any time before maturity with the consent of the holders
29 thereof. All such bonds shall be payable solely from the
30 revenues or income to be derived from the fairs, expositions,
31 exhibitions, rentals and leases and other authorized
32 activities operated by it, and from funds, if any, received
-1221- LRB9000879DJcd
1 and to be received by the Authority from any other source.
2 Such bonds may bear such date or dates, may mature at such
3 time or times not exceeding 40 years from their respective
4 dates, may bear interest at such rate or rates, not exceeding
5 the maximum rate authorized by the Bond Authorization Act, as
6 amended at the time of the making of the contract, payable
7 semi-annually, may be in such form, may carry such
8 registration privileges, may be executed in such manner, may
9 be payable at such place or places, may be made subject to
10 redemption in such manner and upon such terms, with or
11 without premium as is stated on the face thereof, may be
12 executed in such manner and may contain such terms and
13 covenants, all as may be provided in said the ordinance. In
14 case any officer whose signature appears on any bond ceases
15 (after attaching his signature) to hold office,; his
16 signature shall nevertheless be valid and effective for all
17 purposes. The holder or holders of any bonds, or interest
18 coupons appertaining thereto issued by the Authority may
19 bring mandamus, injunction, or other civil actions or and
20 proceedings to compel the performance and observance by the
21 Authority or any of its officers, agents or employees of or
22 any contract or covenant made by the Authority with the
23 holders of such bonds or interest coupons, and to compel the
24 Authority and any of its officers, agents or employees to
25 perform any duties required to be performed for the benefit
26 of the holders of any such bonds or interest coupons by the
27 provisions of the ordinance authorizing their issuance, and
28 to enjoin the Authority and any of its officers, agents or
29 employees from taking any action in conflict with any such
30 contract or covenant.
31 Notwithstanding the form and tenor of any such bonds and
32 in the absence of any express recital on the face thereof
33 that it is non-negotiable, all such bonds shall be negotiable
34 instruments under the Uniform Commercial Code of the State of
-1222- LRB9000879DJcd
1 Illinois.
2 The bonds shall be sold by the corporate authorities of
3 the Authority in such manner as said corporate authorities
4 shall determine, except that if issued to bear interest at
5 the maximum rate authorized by the Bond Authorization Act, as
6 amended at the time of the making of the contract, the bonds
7 shall be sold for not less than par and accrued interest and
8 except that the selling price of bonds bearing interest at a
9 rate of less than the maximum rate authorized by the Bond
10 Authorization Act, as amended at the time of the making of
11 the contract, shall be such that the interest cost to the
12 Authority of the money received from the sale of bonds shall
13 not exceed the maximum rate authorized by the Bond
14 Authorization Act, as amended at the time of the making of
15 the contract, computed to absolute maturity of said bonds or
16 certificates according to standard tables of bond values.
17 From and after the issuance of any bonds as herein
18 provided it shall be the duty of the corporate authorities of
19 the Authority to fix and establish rates, charges, rents, and
20 fees for the use of facilities acquired, constructed,
21 reconstructed, extended or improved with the proceeds of the
22 sale of said bonds sufficient at all times, with other
23 revenues of the Authority to pay:
24 (a) the cost of maintaining, repairing, regulating and
25 operating the said facilities; and
26 (b) the bonds and interest thereon as they shall become
27 due, and all sinking fund requirements and other requirements
28 provided by the ordinance authorizing the issuance of the
29 bonds or as provided by any trust agreement executed to
30 secure payment thereof.
31 To secure the payment of any or all of such bonds and for
32 the purpose of setting forth the covenants and undertakings
33 of the Authority in connection with the issuance thereof and
34 the issuance of any additional bonds payable from such
-1223- LRB9000879DJcd
1 revenue income to be derived from the fairs, recreational,
2 theatrical, cultural, expositions, sport activities,
3 exhibitions, office rentals, and air space leases and
4 rentals, and other revenue, if any, the Authority may execute
5 and deliver a trust agreement or agreements; provided that no
6 lien upon any physical property of the Authority shall be
7 created thereby.
8 A remedy for any breach or default of the terms of any
9 such trust agreement by the Authority may be by mandamus,
10 injunction, or other civil actions or and proceedings in any
11 court of competent jurisdiction to compel performance and
12 compliance therewith, but the trust agreement may prescribe
13 by whom or on whose behalf such action may be instituted.
14 Before any such bonds (excepting refunding bonds) are
15 sold the entire authorized issue, or any part thereof, shall
16 be offered for sale as a unit after advertising for bids at
17 least 3 times in a daily newspaper of general circulation
18 published in the metropolitan area, the last publication to
19 be at least 10 days before bids are required to be filed.
20 Copies of such advertisement may be published in any
21 newspaper or financial publication in the United States. All
22 bids shall be sealed, filed and opened as provided by
23 ordinance and the bonds shall be awarded to the highest and
24 best bidder or bidders therefor. The Authority shall have
25 the right to reject all bids and readvertise for bids in the
26 manner provided for in the initial advertisement. However,
27 if no bids are received such bonds may be sold at not less
28 than par value, without further advertising, within 60 days
29 after the bids are required to be filed pursuant to any
30 advertisement.
31 With respect to instruments for the payment of money
32 issued under this Section either before, on, or after the
33 effective date of Public Act 86-4 this amendatory Act of
34 1989, it is and always has been the intention of the General
-1224- LRB9000879DJcd
1 Assembly (i) that the Omnibus Bond Acts are and always have
2 been supplementary grants of power to issue instruments in
3 accordance with the Omnibus Bond Acts, regardless of any
4 provision of this Article Act that may appear to be or to
5 have been more restrictive than those Acts, (ii) that the
6 provisions of this Section are not a limitation on the
7 supplementary authority granted by the Omnibus Bond Acts, and
8 (iii) that instruments issued under this Section within the
9 supplementary authority granted by the Omnibus Bond Acts are
10 not invalid because of any provision of this Article Act that
11 may appear to be or to have been more restrictive than those
12 Acts.
13 (Source: P.A. 86-4.)
14 (70 ILCS 265/11) (from Ch. 85, par. 1561)
15 Section 265-25. Bonds; nature of indebtedness. Sec. 11.
16 * * * (nonstandard provisions contained in Section 265-25) *
17 * *
18 (Source: P.A. 79-794.)
19 (70 ILCS 265/12) (from Ch. 85, par. 1562)
20 Section 265-30. Investment in bonds. Sec. 12. * * *
21 (nonstandard provisions contained in Section 265-30) * * *
22 (Source: P.A. 79-794.)
23 (70 ILCS 265/13) (from Ch. 85, par. 1563)
24 Section 265-32. Bonds other than revenue bonds. Sec. 13.
25 * * * (nonstandard provisions contained in Section 265-32) *
26 * *
27 (Source: P.A. 86-888; 86-907.)
28 (70 ILCS 265/14) (from Ch. 85, par. 1564)
29 Section 265-35. Tax. Sec. 14. * * * (nonstandard
30 provisions contained in Section 265-35) * * *
-1225- LRB9000879DJcd
1 (Source: P.A. 86-888; 86-907.)
2 (70 ILCS 265/15) (from Ch. 85, par. 1565)
3 Section 2-76. Board members; financial matters;
4 compensation for secretary or treasurer; conflict of
5 interest. Sec. 15. * * * (nonstandard provisions contained in
6 Section 265-40) * * * The members of the Board They shall
7 serve without compensation, but shall be reimbursed for
8 actual expenses incurred by them in the performance of their
9 duties. However, any member of the Board who is appointed to
10 the office of secretary or treasurer may receive compensation
11 for his or her services as such officer.
12 No member of the Board or employee of the Authority shall
13 have any private financial interest, profit or benefit in any
14 contract, work or business of the Authority or nor in the
15 sale or lease of any property to or from the Authority.
16 (Source: P.A. 86-888; 86-907.)
17 (70 ILCS 265/16) (from Ch. 85, par. 1566)
18 Section 2-80. Board members' oath. Sec. 16. * * *
19 (nonstandard provisions contained in Section 265-45) * * *
20 Within 30 days after certification of his appointment, and
21 before entering upon the duties of his office, each member of
22 the Board shall take and subscribe the constitutional oath of
23 office and file it in the office of the Secretary of State.
24 (Source: P.A. 86-888; 86-907.)
25 (70 ILCS 265/17) (from Ch. 85, par. 1567)
26 Section 2-85. Board members; vacancy in office. Sec. 17.
27 Members of the Board shall hold office until their respective
28 successors have been appointed and qualified. Any member may
29 resign from his office; the resignation takes to take effect
30 when the member's his successor has been appointed and has
31 qualified.
-1226- LRB9000879DJcd
1 Section 2-83. Removal of Board member from office. The
2 appointing officer may remove any member of the Board
3 appointed by the officer him, in case of incompetency,
4 neglect of duty, or malfeasance in office, after service on
5 the member him, by registered United States mail, return
6 requested, of a copy of the written charges against the
7 member him and an opportunity to be publicly heard in person
8 or by counsel in the member's his own defense upon not less
9 than 10 days' notice.
10 (Section 2-85, resumed)
11 In case of failure to qualify within the time required,
12 or of abandonment of his office, or in case of death,
13 conviction of a felony or removal from office, a member's his
14 office shall become vacant. Each vacancy shall be filled for
15 the unexpired term by appointment in like manner, as in case
16 of expiration of the term of a member of the Board.
17 (Source: P.A. 79-794.)
18 (70 ILCS 265/18) (from Ch. 85, par. 1568)
19 Section 2-90. Organization of the Board. Sec. 18. As
20 soon as practicably possible after the appointment of the
21 initial members, the Board shall organize for the transaction
22 of business, select a chairman and a temporary secretary from
23 its own number, and adopt by-laws and regulations to govern
24 its proceedings. The initial chairman and his successors
25 shall be elected by the Board from time to time for the term
26 of the chairman's his office as a member of the Board or for
27 the term of 3 years, whichever is shorter.
28 (Source: P.A. 79-794.)
29 (70 ILCS 265/19) (from Ch. 85, par. 1569)
30 Section 2-97. Board meetings; public records. Sec. 19.
31 Regular meetings of the Board shall be held at least once in
32 each calendar month, the time and place of such meetings to
-1227- LRB9000879DJcd
1 be fixed by the Board. * * * (nonstandard provisions
2 contained in Section 265-50) * * *
3 All ordinances, resolutions and all proceedings of the
4 Authority and all documents and records in its possession
5 shall be public records, and open to public inspection,
6 except such documents and records as shall be kept or
7 prepared by the Board for use in negotiations, actions or
8 proceedings to which the Authority is a party.
9 (Source: P.A. 86-888; 86-907.)
10 (70 ILCS 265/20) (from Ch. 85, par. 1570)
11 Section 2-101. Secretary; treasurer; funds deposited in
12 bank or savings and loan association. Sec. 20. The Board
13 shall appoint a secretary and a treasurer, who need not be
14 members of the Board, to hold office during the pleasure of
15 the Board, and shall fix their duties and compensation.
16 Before entering upon the its duties of their respective
17 offices they shall take and subscribe the constitutional oath
18 of office, and the treasurer shall execute a bond with
19 corporate sureties to be approved by the Board. The bond
20 shall be payable to the Authority in whatever penal sum may
21 be directed upon the faithful performance of the duties of
22 the office and the payment of all money received by the
23 treasurer him according to law and the orders of the Board.
24 The Board may, at any time, require a new bond from the
25 treasurer in such penal sum as may then be determined by the
26 Board. The obligation of the sureties shall not extend to
27 any loss sustained by the insolvency, failure or closing of
28 any savings and loan association or national or State bank
29 wherein the treasurer has deposited funds if the bank or
30 savings and loan association has been approved by the Board
31 as a depository for those these funds. The oaths of office
32 and the treasurer's bond shall be filed in the principal
33 office of the Authority.
-1228- LRB9000879DJcd
1 (Source: P.A. 83-541.)
2 (70 ILCS 265/21) (from Ch. 85, par. 1571)
3 Section 2-106. Funds; compliance with Public Funds
4 Investment Act. Sec. 21. All funds deposited by the treasurer
5 in any bank or savings and loan association shall be placed
6 in the name of the Authority and shall be withdrawn or paid
7 out only by check or draft upon the bank or savings and loan
8 association, signed by the treasurer and countersigned by the
9 chairman of the Board. The Board may designate any of its
10 members or any officer or employee of the Authority to affix
11 the signature of the chairman and another to affix the
12 signature of the treasurer to any check or draft for payment
13 of salaries or wages and for payment of any other obligation
14 of not more than $2,500.
15 No bank or savings and loan association shall receive
16 public funds as permitted by this Section, unless it has
17 complied with the requirements established pursuant to
18 Section 6 of the Public Funds Investment Act "An Act relating
19 to certain investments of public funds by public agencies",
20 approved July 23, 1943, as now or hereafter amended.
21 (Source: P.A. 83-541.)
22 (70 ILCS 265/22) (from Ch. 85, par. 1572)
23 Section 2-110. Signatures on checks or drafts. Sec. 22.
24 In case any officer whose signature appears upon any check or
25 draft, issued pursuant to this Article Act, ceases (after
26 attaching his signature) to hold his office after attaching
27 his or her signature and before the delivery of the check or
28 draft thereof to the payee, that his signature nevertheless
29 shall be valid and sufficient for all purposes with the same
30 effect as if the officer he had remained in office until
31 delivery thereof.
32 (Source: P.A. 79-794.)
-1229- LRB9000879DJcd
1 (70 ILCS 265/23) (from Ch. 85, par. 1573)
2 Section 2-115. General manager; other appointments. Sec.
3 23. The Board may appoint a general manager who shall be a
4 person man of recognized ability and business experience, to
5 hold office during the pleasure of the Board. The general
6 manager shall have management of the properties and business
7 of the Authority and of the employees thereof subject to the
8 general control of the Board, shall direct the enforcement of
9 all ordinances, resolutions, rules and regulations of the
10 Board, and shall perform such other duties as may be
11 prescribed from time to time by the Board.
12 The Board may appoint a general attorney and a chief
13 engineer and shall provide for the appointment of such other
14 officers, attorneys, engineers, planners, consultants, agents
15 and employees as may be necessary. The Board It shall define
16 their duties and require bonds of such of them as the Board
17 may designate.
18 The general manager, general attorney, chief engineer,
19 and all other officers provided for pursuant to this Section
20 shall be exempt from taking and subscribing any oath of
21 office and shall not be members of the Board.
22 The compensation of the general manager, general
23 attorney, chief engineer, and all other officers, attorneys,
24 planners, consultants, agents and employees shall be fixed by
25 the Board.
26 (Source: P.A. 79-794.)
27 (70 ILCS 265/24) (from Ch. 85, par. 1574)
28 Section 2-120. Ordinances, rules, and regulations; fines
29 and penalties. Sec. 24. The Board shall have power to pass
30 all ordinances and make all rules and regulations proper or
31 necessary to carry into effect the powers granted to the
32 Authority, with such fines or penalties as may be deemed
33 proper. All fines and penalties shall be imposed by
-1230- LRB9000879DJcd
1 ordinance, which shall be published in a newspaper of general
2 circulation published in the metropolitan area embraced by
3 the Authority. No such ordinance imposing a fine or penalty
4 shall take effect until 10 days after its publication.
5 (Source: P.A. 79-794.)
6 (70 ILCS 265/25) (from Ch. 85, par. 1575)
7 Section 2-127. Contracts; award to other than highest or
8 lowest bidder by four-fifths vote. Sec. 25. All contracts for
9 sale of property of the value of more than $2500, or for a
10 concession in or lease of property, including air rights, of
11 the Authority for a term of more than one year, shall be
12 awarded to the highest responsible bidder, after advertising
13 for bids. All construction contracts and contracts for
14 supplies, materials, equipment and services, when the expense
15 thereof will exceed $2500, shall be let to the lowest
16 responsible bidder, after advertising for bids, except:
17 excepting (1) when repair parts, accessories, equipment or
18 services are required for equipment or services previously
19 furnished or contracted for; (2) when the nature of the
20 services required is such that competitive bidding is not in
21 the best interest of the public, including, without limiting
22 the generality of the foregoing, the services of accountants,
23 architects, attorneys, engineers, physicians, superintendents
24 of construction, and others possessing a high degree of
25 skill; and (3) when services such as water, light, heat,
26 power, telephone or telegraph are required.
27 All contracts involving less than $2500 shall be let by
28 competitive bidding to the lowest responsible bidder whenever
29 possible, and in any event in a manner calculated to ensure
30 insure the best interests of the public.
31 In determining the responsibility of any bidder, the
32 Board may take into in account the past record of dealings
33 with the bidder, the bidder's experience, adequacy of
-1231- LRB9000879DJcd
1 equipment, and ability to complete performance within the
2 time set, and other factors besides financial responsibility,
3 but in no case shall any such contract contracts be awarded
4 to any other than the highest bidder (in case of sale,
5 concession or lease) or the lowest bidder (in case of
6 purchase or expenditure) unless authorized or approved by a
7 vote of at least 4/5 of the members of the Board, and unless
8 such action is accompanied by a statement in writing setting
9 forth the reasons for not awarding the contract to the
10 highest or lowest bidder, as the case may be, which statement
11 shall be kept on file in the principal office of the
12 Authority and open to public inspection.
13 Members of the Board, officers and employees of the
14 Authority, and their relatives within the fourth degree of
15 consanguinity by the terms of the civil law, are forbidden to
16 be interested directly or indirectly in any contract for
17 construction or maintenance work or for the delivery of
18 materials, supplies or equipment.
19 The Board shall have the right to reject all bids and to
20 readvertise for bids. If after any such advertisement no
21 responsible and satisfactory bid, within the terms of the
22 advertisement, shall be received, the Board may award such
23 contract, without competitive bidding, provided that it shall
24 not be less advantageous to the Authority than any valid bid
25 received pursuant to advertisement.
26 The Board shall adopt rules and regulations to carry into
27 effect the provisions of this Section.
28 (Source: P.A. 79-794.)
29 (70 ILCS 265/26) (from Ch. 85, par. 1576)
30 Section 2-130. Bids and advertisements. Sec. 26.
31 Advertisements for bids shall be published at least twice in
32 a daily newspaper of general circulation published in the
33 metropolitan area, the last publication to be at least 10
-1232- LRB9000879DJcd
1 calendar days before the time for receiving bids, and such
2 advertisements shall also be posted on readily accessible
3 bulletin boards in the principal office of the Authority.
4 Such advertisements shall state the time and place for
5 receiving and opening of bids, and, by reference to plans and
6 specifications on file at the time of the first publication,
7 or in the advertisement itself, shall describe the character
8 of the proposed contract in sufficient detail to fully advise
9 prospective bidders of their obligations and to ensure insure
10 free and open competitive bidding.
11 All bids in response to advertisements shall be sealed
12 and shall be publicly opened by the Board, and all bidders
13 shall be entitled to be present in person or by
14 representatives. Cash or a certified or satisfactory
15 cashier's check, as a deposit of good faith, in a reasonable
16 amount to be fixed by the Board before advertising for bids,
17 shall be required with the proposal of each bidder. Bond for
18 faithful performance of the contract with surety or sureties
19 satisfactory to the Board and adequate insurance may be
20 required in reasonable amounts to be fixed by the Board
21 before advertising for bids.
22 The contract shall be awarded as promptly as possible
23 after the opening of bids. The bid of the successful bidder,
24 as well as the bids of the unsuccessful bidders, shall be
25 placed on file and be open to public inspection. All bids
26 shall be void if any disclosure of the terms of any bid in
27 response to an advertisement is made or permitted to be made
28 by the Board before the time fixed for opening bids.
29 (Source: P.A. 79-794.)
30 (70 ILCS 265/26a) (from Ch. 85, par. 1576a)
31 Section 2-150. Tax Sec. 26a. exemption from taxation.
32 All property of the Decatur and Vermilion County Civic
33 Centers Authority shall be exempt from taxation by the State
-1233- LRB9000879DJcd
1 or any taxing unit therein.
2 (Source: P.A. 86-888; 86-907.)
3 (70 ILCS 265/26b) (from Ch. 85, par. 1576b)
4 Section 2-145. Antitrust laws. Sec. 26b. The Authority
5 is hereby expressly made the beneficiary of the provisions of
6 Section 1 of the Local Government Antitrust Exemption Act "An
7 Act to make explicit the authorization for units of local
8 government and certain other governmental bodies to act as
9 permitted by statute or the Illinois Constitution,
10 notwithstanding effects on competition", amendatory veto
11 overridden November 3, 1983, and the General Assembly intends
12 that the "State action exemption" to the application of the
13 federal antitrust anti-trust laws be fully available to the
14 Authority to the extent its activities are either (1)
15 expressly or by necessary implication authorized by this
16 Article Act or other Illinois law, or (2) within traditional
17 areas of local governmental activity.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 265/26c) (from Ch. 85, par. 1576c)
20 Section 2-140. State financial support. Sec. 26c. The
21 Authority created by this Article Act shall receive financial
22 support from the State in the amounts provided for in Section
23 4 of the Metropolitan Civic Center Support Act.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 265/27) (from Ch. 85, par. 1577)
26 Section 2-135. Report and financial statement. Sec. 27.
27 As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
-1234- LRB9000879DJcd
1 for distribution to persons interested, upon request and a
2 copy thereof shall be filed with the county clerk and the
3 appointing officers as provided in Section 16.
4 (Source: P.A. 79-794.)
5 (70 ILCS 265/28) (from Ch. 85, par. 1578)
6 Section 2-155. Partial invalidity. Sec. 28. If any
7 provision of this Article Act is held invalid such provision
8 shall be deemed to be excised from this Article Act and the
9 invalidity thereof shall not affect any of the other
10 provisions of this Article Act. If the application of any
11 provision of this Article Act to any person or circumstance
12 is held invalid it shall not affect the application of such
13 provision to such persons or circumstances other than those
14 as to which it is held invalid.
15 (Source: P.A. 79-794.)
16 PART 270. WAUKEGAN CIVIC CENTER
17 (70 ILCS 325/7-1) (from Ch. 85, par. 7007-1)
18 Section 2-3. Purpose. Sec. 7-1. The purpose of this
19 Article Act is to accomplish the aims of the State of
20 Illinois to enhance the ability of its citizens to avail
21 themselves of civic and cultural centers geographically
22 situated throughout the entire State of Illinois.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/7-2) (from Ch. 85, par. 7007-2)
25 Section 270-1. Short title. Sec. 7-2. * * * (nonstandard
26 provisions contained in Section 270-1) * * *
27 (Source: P.A. 85-907; 86-1028.)
28 (70 ILCS 325/7-3) (from Ch. 85, par. 7007-3)
29 Section 2-5. Definitions. Sec. 7-3. When used In this
30 Article:
-1235- LRB9000879DJcd
1 * * * (nonstandard provisions contained in Section 270-5)
2 * * *
3 "Governmental agency" means the federal government, the
4 State, and any unit of local government or school district
5 governmental body, and any agency or instrumentality,
6 corporate or otherwise, thereof.
7 "Person" means any individual, firm, partnership,
8 corporation, both domestic and foreign, company, association
9 or joint stock association; and includes any trustee,
10 receiver, assignee or personal representative thereof.
11 * * * (nonstandard provisions contained in Section 270-5)
12 * * *
13 (Source: P.A. 86-907; 86-1028.)
14 (70 ILCS 325/7-4) (from Ch. 85, par. 7007-4)
15 Section 2-10. Lawsuits; common seal. Sec. 7-4. * * *
16 (nonstandard provisions contained in Section 270-10) * * *
17 (a) The Authority may sue and be sued in its corporate
18 name, but execution shall not in any case issue against any
19 property of the Authority.
20 (b) The Authority It may adopt a common seal and change
21 the same at its pleasure. * * * (nonstandard provisions
22 contained in Section 270-10) * * *
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/7-5) (from Ch. 85, par. 7007-5)
25 Section 2-15. Duties; auditorium, recreational, and other
26 buildings; lease of space. Sec. 7-5. It shall be the duty of
27 the Authority to promote, operate and maintain expositions,
28 conventions, and theatrical, sports and cultural activities
29 from time to time in the metropolitan area and in connection
30 therewith to arrange, finance and maintain industrial,
31 cultural, educational, theatrical, sports, trade and
32 scientific exhibits and to construct, equip and maintain
-1236- LRB9000879DJcd
1 auditorium, exposition, recreational and office buildings for
2 such purposes.
3 The provision of office space for lease and rental and
4 the lease of air space over and appurtenant to such
5 structures shall be deemed an integral function of the
6 Authority.
7 The Authority is granted all rights and powers necessary
8 to perform such duties.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/7-6) (from Ch. 85, par. 7007-6)
11 Section 2-20. Rights and powers, including eminent
12 domain. Sec. 7-6. The Authority shall have the following
13 rights and powers duties:
14 (a) To acquire, purchase, own, construct, lease as
15 lessee or in any other way acquire, improve, extend, repair,
16 reconstruct, regulate, operate, equip and maintain exhibition
17 centers, civic auditoriums, cultural facilities and office
18 buildings, including sites and parking areas and commercial
19 facilities therefor located within the metropolitan area;.
20 (b) To plan for such grounds, centers and auditoriums
21 and to plan, sponsor, hold, arrange and finance fairs,
22 industrial, cultural, educational, trade and scientific
23 exhibits, shows and events and to use or allow the use of
24 such grounds, centers, and auditoriums for the holding of
25 fairs, exhibits, shows and events whether conducted by the
26 Authority or some other person or governmental agency;.
27 (c) To exercise the right of eminent domain to acquire
28 sites for such grounds, centers, buildings and auditoriums,
29 and parking areas and facilities in the manner provided for
30 the exercise of the right of eminent domain under Article VII
31 of the Code of Civil Procedure, as now or hereafter amended;.
32 (d) To fix and collect just, reasonable and
33 nondiscriminatory charges and rents for the use of such
-1237- LRB9000879DJcd
1 parking areas and facilities, grounds, centers, buildings and
2 auditoriums and admission charges to fairs, shows, exhibits
3 and events sponsored or held by the Authority. The charges
4 collected may be made available to defray the reasonable
5 expenses of the Authority and to pay the principal of, and
6 the interest on, any bonds issued by the Authority;.
7 (e) To enter into contracts treating in any manner with
8 the objects and purposes of this Article Act.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/7-7) (from Ch. 85, par. 7007-7)
11 Section 2-25. Incurring obligations. Sec. 7-7. The
12 Authority shall not incur any obligations for salaries, or
13 for office or administrative expenses except within the
14 amounts of funds that which will be available to it when such
15 obligations become payable.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/7-8) (from Ch. 85, par. 7007-8)
18 Section 2-35. Acquisition of property from person, State,
19 or local agency. Sec. 7-8. The Authority shall have power
20 (i) to acquire and accept by purchase, lease, gift or
21 otherwise any property or rights useful for the Authority's
22 purposes from any person or persons, from any municipal
23 corporation, body politic, or agency of the State, or from
24 the State itself, useful for its purposes, and (ii) to apply
25 for and accept grants, matching grants, loans or
26 appropriations from the State of Illinois or any agency or
27 instrumentality thereof to be used for any of the purposes of
28 the Authority, and (iii) to enter into any agreement with
29 the State of Illinois in relation to such grants, matching
30 grants, loans or appropriations.
31 (Source: P.A. 86-907.)
-1238- LRB9000879DJcd
1 (70 ILCS 325/7-9) (from Ch. 85, par. 7007-9)
2 Section 2-40. Federal money. Sec. 7-9. The Authority
3 shall have the power (i) to apply for and accept grants,
4 matching grants, loans or appropriations from the federal
5 government or any agency or instrumentality thereof to be
6 used for any of the purposes of the Authority and (ii) to
7 enter into any agreement with the federal government in
8 relation to such grants, matching grants, loans or
9 appropriations.
10 (Source: P.A. 86-907.)
11 (70 ILCS 325/7-10) (from Ch. 85, par. 7007-10)
12 Section 2-45. Insurance. Sec. 7-10. The Authority shall
13 have the power to procure and enter into contracts for any
14 type of insurance and indemnity against loss or damage to
15 property from any cause, against loss of use and occupancy,
16 against employers' liability, against any act of any member,
17 officer, or employee of the Board or Authority in the
18 performance of the duties of the his office or employment,
19 and against or any other insurable risk.
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/7-11) (from Ch. 85, par. 7007-11)
22 Section 2-50. Borrowing; revenue bonds; suits to compel
23 performance. Sec. 7-11. The Authority shall have continuing
24 power to borrow money for the purpose of carrying out and
25 performing its duties and exercising its powers under this
26 Article Act.
27 For the purpose of evidencing the obligation of the
28 Authority to repay any money borrowed as aforesaid, the
29 Authority may, pursuant to an ordinance adopted by the Board,
30 from time to time issue and dispose of its interest bearing
31 revenue bonds, and may also from time to time issue and
32 dispose of its interest bearing revenue bonds to refund any
-1239- LRB9000879DJcd
1 bonds at maturity or pursuant to redemption provisions or at
2 any time before maturity with the consent of the holders
3 thereof. All such bonds shall be payable solely from the
4 revenues or income to be derived from the fairs, expositions,
5 exhibitions, rentals and leases and other authorized
6 activities operated by it, and from funds, if any, received
7 and to be received by the Authority from any other source.
8 Such bonds may bear such date or dates, may mature at such
9 time or times not exceeding 40 years from their respective
10 dates, may bear interest at such rate or rates, not
11 exceeding the maximum rate permitted by the Bond
12 Authorization Act, as now or hereafter amended, may be in
13 such form, may carry such registration privileges, may be
14 executed in such manner, may be payable at such place or
15 places, may be made subject to redemption in such manner and
16 upon such terms, with or without premium as is stated on the
17 face thereof, may be executed in such manner, and may
18 contain such terms and covenants, all as may be provided in
19 said ordinance. In case any officer whose signature appears
20 on any bond ceases (after attaching his signature) to hold
21 office, his signature shall nevertheless be valid and
22 effective for all purposes. The holder or holders of any
23 bonds, or interest coupons appertaining thereto issued by
24 the Authority may bring suits at law or proceedings in equity
25 to compel the performance and observance by the Authority or
26 any of its officers, agents or employees of or any contract
27 or covenant made by the Authority with the holders of such
28 bonds or interest coupons, and to compel the Authority or and
29 any of its officers, agents or employees to perform any
30 duties required to be performed for the benefit of the
31 holders of any such bonds or interest coupons by the
32 provisions of the ordinance authorizing their issuance, and
33 to enjoin the Authority and any of its officers, agents or
34 employees from taking any action in conflict with any such
-1240- LRB9000879DJcd
1 contract or covenant.
2 Notwithstanding the form and tenor of any such bonds and
3 in the absence of any express recital on the face thereof
4 that it is non-negotiable, all such bonds shall be negotiable
5 instruments under the Uniform Commercial Code, as now or
6 hereafter amended.
7 From and after the issuance of any bonds as herein
8 provided it shall be the duty of the corporate authorities of
9 the Authority to fix and establish rates, charges, rents, and
10 fees for the use of facilities acquired, constructed,
11 reconstructed, extended or improved with the proceeds of the
12 sale of said bonds sufficient at all times, with other
13 revenues of the Authority, to pay:
14 (a) the cost of maintaining, repairing, regulating and
15 operating the said facilities; and
16 (b) the bonds and interest thereon as they shall become
17 due, and all sinking fund requirements and other requirements
18 provided by the ordinance authorizing the issuance of the
19 bonds or as provided by any trust agreement executed to
20 secure payment thereof.
21 To secure the payment of any or all of such bonds and for
22 the purpose of setting forth the covenants and undertakings
23 of the Authority in connection with the issuance thereof and
24 the issuance of any additional bonds payable from such
25 revenue income to be derived from the fairs, recreational,
26 theatrical, and cultural, expositions, sports activities,
27 exhibitions, office rentals, and air space leases and
28 rentals, and from other revenue, if any, the Authority may
29 execute and deliver a trust agreement or agreements; provided
30 that no lien upon any physical property of the Authority
31 shall be created thereby.
32 A remedy for any breach or default of the terms of any
33 such trust agreement by the Authority may be by mandamus
34 proceedings in any court of competent jurisdiction to compel
-1241- LRB9000879DJcd
1 performance and compliance therewith, but the trust agreement
2 may prescribe by whom or on whose behalf such action may be
3 instituted.
4 Before any such bonds (excepting refunding bonds) are
5 sold, the entire authorized issue, or any part thereof, shall
6 be offered for sale as a unit after advertising for bids at
7 least 3 times in a daily newspaper of general circulation
8 published in the metropolitan area, the last publication to
9 be at least 10 days before bids are required to be filed.
10 Copies of such advertisement may be published in any
11 newspaper or financial publication in the United States. All
12 bids shall be sealed, filed and opened as provided by
13 ordinance and the bonds shall be awarded to the highest and
14 best bidder or bidders therefor. The Authority shall have
15 the right to reject all bids and to readvertise for bids in
16 the manner provided for in the initial advertisement.
17 However, if no bids are received, such bonds may be sold at
18 not less than par value, without further advertising, within
19 60 days after the bids are required to be filed pursuant to
20 any advertisement.
21 (Source: P.A. 86-907; 86-1028.)
22 (70 ILCS 325/7-12) (from Ch. 85, par. 7007-12)
23 Section 2-55. Bonds; nature of indebtedness. Sec. 7-12.
24 Under no circumstances shall any bonds issued by the
25 Authority be or become an indebtedness or obligation of the
26 State of Illinois or of any political subdivision of or
27 municipality within the State, nor shall any such bond or
28 obligation be or become an indebtedness of the Authority
29 within the purview of any constitutional limitation or
30 provision, and it shall be plainly stated on the face of each
31 such bond that it does not constitute such an indebtedness or
32 obligation but is payable solely from the revenues or income
33 as provided in this Article aforesaid.
-1242- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/7-13) (from Ch. 85, par. 7007-13)
3 Section 2-60. Investment in bonds. Sec. 7-13. The State
4 and all counties, cities, villages, incorporated towns and
5 other municipal corporations, political subdivisions and
6 public bodies, and public officers of any thereof;, all
7 banks, bankers, trust companies, savings banks and
8 institutions, building and loan associations, savings and
9 loan associations, investment companies, and other persons
10 carrying on an insurance business; and all executors,
11 administrators, guardians, trustees and other fiduciaries may
12 legally invest any sinking funds, moneys or other funds
13 belonging to them or within their control in any bonds issued
14 pursuant to this Article Act, it being the purpose of this
15 Section to authorize the investment in such bonds of all
16 sinking, insurance, retirement, compensation, pension and
17 trust funds, whether owned or controlled by private or public
18 persons or officers; provided, however, that nothing
19 contained in this Section may be construed as relieving any
20 person from any duty of exercising reasonable care in
21 selecting securities for investment.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/7-14) (from Ch. 85, par. 7007-14)
24 Section 2-75. Board members; financial matters; conflict
25 of interest. Sec. 7-14.* * * (nonstandard provisions
26 contained in Section 270-15) * * * The members of the Board
27 shall serve without compensation, but shall be reimbursed for
28 actual expenses incurred by them in the performance of their
29 duties.
30 No member of the Board or employee of the Authority shall
31 have any private financial interest, profit or benefit in any
32 contract, work or business of the Authority or nor in the
-1243- LRB9000879DJcd
1 sale or lease of any property to or from the Authority.
2 (Source: P.A. 86-907.)
3 (70 ILCS 325/7-15) (from Ch. 85, par. 7007-15)
4 Section 270-20. Board members. Sec. 7-15.* * *
5 (nonstandard provisions contained in Section 270-20) * * *
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/7-16) (from Ch. 85, par. 7007-16)
8 Section 270-25. Board member terms. Sec. 7-16.* *
9 *(nonstandard provisions contained in Section 270-25) * * *
10 (Source: P.A. 86-907.)
11 (70 ILCS 325/7-17) (from Ch. 85, par. 7007-17)
12 Section 2-90. Organization of the Board. Sec. 7-17. As
13 soon as practicably possible after the appointment of the
14 initial members, the Board shall organize for the transaction
15 of business, select a chairman and a temporary secretary from
16 its own number, and adopt by-laws and regulations to govern
17 its proceedings. The initial chairman and his successors
18 shall be elected by the Board from time to time for the term
19 of the chairman's his office as a member of the Board or for
20 the term of 3 years, whichever is shorter.
21 (Source: P.A. 86-907.)
22 (70 ILCS 325/7-18) (from Ch. 85, par. 7007-18)
23 Section 2-95. Meetings; action by 5 Board members. Sec.
24 7-18. Regular meetings of the Board shall be held at least
25 once in each calendar month, the time and place of such
26 meetings to be fixed by the Board.
27 Five members of the Board shall constitute a quorum for
28 the transaction of business. All actions of the Board shall
29 be by ordinance or resolution and the affirmative vote of at
30 least 5 members shall be necessary for the adoption of any
-1244- LRB9000879DJcd
1 ordinance or resolution.
2 All ordinances, resolutions and all proceedings of the
3 Authority and all documents and records in its possession
4 shall be public records, and open to public inspection,
5 except such documents and records as shall be kept or
6 prepared by the Board for use in negotiations, actions action
7 or proceedings to which the Authority is a party.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/7-19) (from Ch. 85, par. 7007-19)
10 Section 2-100. Secretary; treasurer. Sec. 7-19. The
11 Board shall appoint a secretary and a treasurer, who need not
12 be members of the Board, to hold office during the pleasure
13 of the Board, and shall fix their duties and compensation.
14 Before entering upon the duties of their respective offices,
15 they shall take and subscribe the constitutional oath of
16 office, and the treasurer shall execute a bond with corporate
17 sureties to be approved by the Board. The bond shall be
18 payable to the Authority in whatever penal sum may be
19 directed upon the faithful performance of the duties of the
20 office and the payment of all money received by the treasurer
21 him according to law and the orders of the Board. The Board
22 may, at any time, require a new bond from the treasurer in a
23 such penal sum as may then be determined by the Board. The
24 obligation of the sureties shall not extend to any loss
25 sustained by the insolvency, failure or closing of any
26 national or state bank wherein the treasurer has deposited
27 funds if the bank has been approved by the Board as a
28 depositary depository for those these funds. The oaths of
29 office and the treasurer's bond bonds shall be filed in the
30 principal office of the Authority.
31 (Source: P.A. 86-907.)
32 (70 ILCS 325/7-20) (from Ch. 85, par. 7007-20)
-1245- LRB9000879DJcd
1 Section 2-105. Funds. Sec. 7-20. All funds deposited by
2 the treasurer in any bank shall be placed in the name of the
3 Authority and shall be withdrawn or paid out only by check or
4 draft upon the bank, signed by the treasurer and
5 countersigned by the chairman of the Board. The Board may
6 designate any of its members or any officer or employee of
7 the Authority to affix the signature of the chairman and
8 another to affix the signature of the treasurer to any check
9 or draft for payment of salaries or wages and for payment of
10 any other obligation of not more than $2,500.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/7-21) (from Ch. 85, par. 7007-21)
13 Section 2-110. Signatures on checks or drafts. Sec.
14 7-21. In case any officer whose signature appears upon any
15 check or draft issued pursuant to this Article Act ceases to
16 hold office (after attaching his or her signature) to hold
17 his office and before the delivery of the check or draft
18 thereof to the payee, that his signature, nevertheless,
19 shall be valid and sufficient for all purposes with the same
20 effect as if the officer he had remained in office until
21 delivery.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/7-22) (from Ch. 85, par. 7007-22)
24 Section 2-115. General manager; other appointments. Sec.
25 7-22. The Board may appoint a general manager who shall be a
26 person of recognized ability and business experience, to hold
27 office during the pleasure of the Board. The general manager
28 shall have management of the properties and business of the
29 Authority and of the employees thereof subject to the general
30 control of the Board, shall direct the enforcement of all
31 ordinances, resolutions, rules and regulations of the Board,
32 and shall perform such other duties as may be prescribed from
-1246- LRB9000879DJcd
1 time to time by the Board.
2 The Board may appoint a general attorney and a chief
3 engineer and shall provide for the appointment of such other
4 officers, attorneys, engineers, planners, consultants, agents
5 and employees as may be necessary. The Board It shall define
6 their duties and require bonds of such of them as the Board
7 may designate.
8 The general manager, general attorney, chief engineer,
9 and all other officers provided for, pursuant to this
10 Section, shall be exempt from taking and subscribing any
11 oath of office and shall not be members of the Board.
12 The compensation of the general manager, general
13 attorney, chief engineer, and all other officers, attorneys,
14 planners, consultants, agents and employees shall be fixed by
15 the Board.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/7-23) (from Ch. 85, par. 7007-23)
18 Section 2-122. Rules and regulations; penalties. Sec.
19 7-23. The Board shall have power to make all rules and
20 regulations, proper or necessary, to carry into effect the
21 powers granted to the Authority, with such penalties as may
22 be deemed proper.
23 (Source: P.A. 86-907.)
24 (70 ILCS 325/7-24) (from Ch. 85, par. 7007-24)
25 Section 2-125. Contracts; award to other than highest or
26 lowest bidder by vote of 5 Board members. Sec. 7-24. All
27 contracts for the sale of property of the value of more than
28 $2,500 or for a concession in or lease of property, including
29 air rights, of the Authority for a term of more than one
30 year shall be awarded to the highest responsible bidder,
31 after advertising for bids. All construction contracts and
32 contracts for supplies, materials, equipment and services,
-1247- LRB9000879DJcd
1 when the expense thereof will exceed $2,500, shall be let to
2 the lowest responsible bidder after advertising for bids,
3 excepting (1) when repair parts, accessories, equipment or
4 services are required for equipment or services previously
5 furnished or contracted for; (2) when the nature of the
6 services required is such that competitive bidding is not in
7 the best interest of the public, including, without limiting
8 the generality of the foregoing, the services of accountants,
9 architects, attorneys, engineers, physicians, superintendents
10 of construction, and others possessing a high degree of
11 skill; and (3) when services such as water, light, heat,
12 power, telephone or telegraph are required.
13 All contracts involving less than $2,500 shall be let by
14 competitive bidding to the lowest responsible bidder whenever
15 possible, and, in any event, in a manner calculated to
16 ensure insure the best interests of the public. Competitive
17 bidding is not required for the lease of real estate or
18 buildings owned or controlled by the Authority. The Board is
19 empowered to offer such leases upon such terms as it deems
20 advisable.
21 In determining the responsibility of any bidder, the
22 Board may take into account the past record records of
23 dealings with the bidder, the bidder's experience, adequacy
24 of equipment, and ability to complete performance within the
25 time set, and other factors besides financial responsibility,
26 but in no case shall any such contracts be awarded to any
27 other than the highest bidder (in case of sale, concession or
28 lease) or the lowest bidder (in case of purchase or
29 expenditure) unless authorized or approved by a vote of at
30 least 5 members of the Board, and unless such action is
31 accompanied by a statement in writing setting forth the
32 reasons for not awarding the contract to the highest or
33 lowest bidder, as the case may be, which statement shall be
34 kept on file in the principal office of the Authority and
-1248- LRB9000879DJcd
1 open to public inspection.
2 Members of the Board, officers and employees of the
3 Authority, and their relatives within the fourth degree of
4 consanguinity by the terms of the civil law, are forbidden
5 to be interested directly or indirectly in any contract for
6 construction or maintenance work or for the delivery of
7 materials, supplies or equipment.
8 The Board shall have the right to reject all bids and to
9 readvertise for bids. If after any such advertisement no
10 responsible and satisfactory bid, within the terms of the
11 advertisement, shall be received, the Board may award such
12 contract without competitive bidding, provided that it shall
13 not be less advantageous to the Authority than any valid bid
14 received pursuant to advertisement.
15 The Board shall adopt rules and regulations to carry into
16 effect the provisions of this Section.
17 (Source: P.A. 86-907.)
18 (70 ILCS 325/7-25) (from Ch. 85, par. 7007-25)
19 Section 2-130. Bids and advertisements. Sec. 7-25.
20 Advertisements for bids shall be published at least twice in
21 a daily newspaper of general circulation published in the
22 metropolitan area, the last publication to be at least 10
23 calendar days before the time for receiving bids, and such
24 advertisements shall also be posted on readily accessible
25 bulletin boards in the principal office of the Authority.
26 Such advertisements shall state the time and place for
27 receiving and opening of bids and, by reference to plans and
28 specifications on file for receiving and opening of bids and
29 by reference to plans and specifications on file at the time
30 of the first publication, or in the advertisement itself,
31 shall describe the character of the proposed contract in
32 sufficient detail to fully advise prospective bidders of
33 their obligations and to ensure insure free and open
-1249- LRB9000879DJcd
1 competitive bidding.
2 All bids in response to advertisements shall be sealed
3 and shall be publicly opened by the Board, and all bidders
4 shall be entitled to be present in person or by
5 representatives. Cash or a certified or satisfactory
6 cashier's check, as a deposit of good faith, in a
7 reasonable amount to be fixed by the Board before advertising
8 for bids, shall be required with the proposal of each
9 bidder. Bond for faithful performance of the contract with
10 surety or sureties satisfactory to the Board and adequate
11 insurance may be required in reasonable amounts to be fixed
12 by the Board before advertising for bids.
13 The contract shall be awarded as promptly as possible
14 after the opening of bids. The bid of the successful bidder,
15 as well as the bids of the unsuccessful bidders, shall be
16 placed on file and be open to public inspection. All bids
17 shall be void if any disclosure of the terms of any bid in
18 response to an advertisement is made or permitted to be made
19 by the Board before the time fixed for opening bids.
20 * * * (nonstandard provisions contained in Section
21 270-30) * * *
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/7-26) (from Ch. 85, par. 7007-26)
24 Section 2-135. Report and financial statement. Sec.
25 7-26. As soon after the end of each fiscal year as may be
26 expedient, the Board shall cause to be prepared and printed a
27 complete and detailed report and financial statement of its
28 operations and of its assets and liabilities. A reasonably
29 sufficient number of copies of such report shall be printed
30 for distribution to persons interested upon request and a
31 copy thereof shall be filed with the county clerk and the
32 appointing officers.
33 (Source: P.A. 86-907.)
-1250- LRB9000879DJcd
1 (70 ILCS 325/7-27) (from Ch. 85, par. 7007-27)
2 Section 2-140. State financial support. Sec. 7-27. The
3 Authority created by this Article Act shall receive
4 financial support from the State in the amounts provided for
5 in Section 4 of the Metropolitan Civic Center Support Act, as
6 now or hereafter amended.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/7-28) (from Ch. 85, par. 7007-28)
9 Section 2-145. Antitrust laws. Sec. 7-28. The Authority
10 is hereby expressly made the beneficiary of the provisions
11 of Section 1 of the Local Government Antitrust Exemption Act
12 "An Act to make explicit the authorization for units of local
13 government and certain other governmental bodies to act as
14 permitted by statute or the Illinois Constitution,
15 notwithstanding effects on competition", amendatory veto
16 overridden November 3, 1983, as now or hereafter amended, and
17 the General Assembly intends that the "State action
18 exemption" to the application of the federal antitrust laws
19 be fully available to the Authority to the extent its
20 activities are either (1) expressly or by necessary
21 implication authorized by this Article or other Illinois law,
22 or (2) within traditional areas of local governmental
23 activity.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/7-29) (from Ch. 85, par. 7007-29)
26 Section 2-150. Tax exemption. Sec. 7-29. All property
27 of the Authority shall be exempt from taxation by the State
28 or any taxing unit therein.
29 (Source: P.A. 86-907.)
30 (70 ILCS 325/7-30) (from Ch. 85, par. 7007-30)
31 Section 2-30. Prompt payment. Sec. 7-30. Purchases made
-1251- LRB9000879DJcd
1 under pursuant to this Article Act shall be made in
2 compliance with the Local Government Prompt Payment Act.
3 (Source: P.A. 86-907.)
4 PART 275. WEST FRANKFORT CIVIC CENTER
5 (70 ILCS 350/1) (from Ch. 85, par. 6101)
6 Section 2-3. Purpose. Sec. 1. The purpose of this
7 Article is to accomplish the aims of the State of Illinois to
8 enhance the ability of its citizens to avail themselves of
9 civic and cultural centers geographically situated throughout
10 the entire State of Illinois.
11 (Source: P.A. 85-14.)
12 (70 ILCS 350/2) (from Ch. 85, par. 6102)
13 Section 275-1. Short title. Sec. 2. * * *(nonstandard
14 provisions contained in Section 275-1)* * *
15 (Source: P.A. 85-14.)
16 (70 ILCS 350/3) (from Ch. 85, par. 6103)
17 Section 2-5. Definitions. Sec. 3. When used In this
18 Article:
19 * * *(nonstandard provisions contained in Section 275-5)*
20 * *
21 "Governmental agency" means the federal government, the
22 State, and any unit of local government or school district
23 governmental body, and any agency or instrumentality,
24 corporate or otherwise, thereof.
25 "Person" means any individual, firm, partnership,
26 corporation, both domestic and foreign, company, association
27 or joint stock association; and includes any trustee,
28 receiver, assignee or personal representative thereof.
29 * * *(nonstandard provisions contained in Section 275-5)*
30 * * (Source: P.A. 85-14.)
-1252- LRB9000879DJcd
1 (70 ILCS 350/4) (from Ch. 85, par. 6104)
2 Section 2-10. Lawsuits; common seal. Sec. 4. * *
3 *(nonstandard provisions contained in Section 275-10)* * *
4 (a) The Authority may sue and be sued in its corporate
5 name, but execution shall not in any case issue against any
6 property of the Authority.
7 (b) The Authority It may adopt a common seal and change
8 the same at its pleasure. * * *(nonstandard provisions
9 contained in Section 275-10)* * *
10 (Source: P.A. 85-14.)
11 (70 ILCS 350/5) (from Ch. 85, par. 6105)
12 Section 2-15. Duties; auditorium, recreational and other
13 buildings; lease of space. Sec. 5. It shall be the duty of
14 the Authority to promote, operate and maintain expositions,
15 conventions, and theatrical, sports and cultural activities
16 from time to time in the metropolitan area and in connection
17 therewith to arrange, finance and maintain industrial,
18 cultural, educational, theatrical, sports, trade and
19 scientific exhibits and to construct, equip and maintain
20 auditorium, exposition, recreational and office buildings for
21 such purposes.
22 The provision of office space for lease and rental and
23 the lease of air space over and appurtenant to such
24 structures shall be deemed an integral function of the
25 Authority.
26 The Authority is granted all rights and powers necessary
27 to perform such duties.
28 (Source: P.A. 85-14.)
29 (70 ILCS 350/6) (from Ch. 85, par. 6106)
30 Section 2-20. Rights and powers, including eminent
31 domain. Sec. 6. The Authority shall have the following rights
32 and powers duties:
-1253- LRB9000879DJcd
1 (a) To acquire, purchase, own, construct, lease as
2 lessee or in any other way acquire, improve, extend, repair,
3 reconstruct, regulate, operate, equip and maintain exhibition
4 centers, civic auditoriums, cultural facilities and office
5 buildings, including sites and parking areas and commercial
6 facilities therefor located within the metropolitan area;
7 (b) To plan for such grounds, centers and auditoriums
8 and to plan, sponsor, hold, arrange and finance fairs,
9 industrial, cultural, educational education, trade and
10 scientific exhibits, shows and events and to use or allow the
11 use of such grounds, centers, and auditoriums for the holding
12 of fairs, exhibits, shows and events whether conducted by the
13 Authority or some other person or governmental agency;
14 (c) To exercise the right of eminent domain to acquire
15 sites for such grounds, centers, buildings and auditoriums,
16 and parking areas and facilities in the manner provided for
17 the exercise of the right of eminent domain under Article VII
18 of the Code of Civil Procedure, as amended;
19 (d) To fix and collect just, reasonable and
20 nondiscriminatory charges and rents for the use of such
21 parking areas and facilities, grounds, centers, buildings and
22 auditoriums and admission charges to fairs, shows, exhibits
23 and events sponsored or held by the Authority. The charges
24 collected may be made available to defray the reasonable
25 expenses of the Authority and to pay the principal of, and
26 the interest on, any bonds issued by the Authority;
27 (e) To enter into contracts treating in any manner with
28 the objects and purposes of this Article.
29 (Source: P.A. 85-14.)
30 (70 ILCS 350/7) (from Ch. 85, par. 6107)
31 Section 2-25. Incurring obligations. Sec. 7. The
32 Authority shall not incur any obligations for salaries, or
33 for office or administrative expenses except within the
-1254- LRB9000879DJcd
1 amounts of funds that which will be available to it when such
2 obligations become payable.
3 (Source: P.A. 85-14.)
4 (70 ILCS 350/8) (from Ch. 85, par. 6108)
5 Section 2-35. Acquisition of property from person,
6 State, or local agency. Sec. 8. The Authority shall have
7 power (i) to acquire and accept by purchase, lease, gift or
8 otherwise any property or rights useful for the Authority's
9 purposes from any person or persons, from any municipal
10 corporation, body politic, or agency of the State, or from
11 the State itself, (ii) useful for its purposes, and to apply
12 for and accept grants, matching grants, loans or
13 appropriations from the State of Illinois or any agency or
14 instrumentality thereof to be used for any of the purposes of
15 the Authority, and (iii) to enter into any agreement with the
16 State of Illinois in relation to such grants, matching
17 grants, loans or appropriations.
18 (Source: P.A. 85-14.)
19 (70 ILCS 350/9) (from Ch. 85, par. 6109)
20 Section 2-40. Federal money. Sec. 9. The Authority
21 shall have the power (i) to apply for and accept grants,
22 matching grants, loans or appropriations from the federal
23 government or any agency or instrumentality thereof to be
24 used for any of the purposes of the Authority and (ii) to
25 enter into any agreement with the federal government in
26 relation to such grants, matching grants, loans or
27 appropriations.
28 (Source: P.A. 85-14.)
29 (70 ILCS 350/10) (from Ch. 85, par. 6110)
30 Section 2-45. Insurance. Sec. 10. The Authority shall
31 have the power to procure and enter into contracts for any
-1255- LRB9000879DJcd
1 type of insurance and indemnity against loss or damage to
2 property from any cause, against loss of use and occupancy,
3 against employers' liability, against any act of any member,
4 officer, or employee of the Board or Authority in the
5 performance of the duties of the his office or employment,
6 and against or any other insurable risk.
7 (Source: P.A. 85-14.)
8 (70 ILCS 350/11) (from Ch. 85, par. 6111)
9 Section 2-50. Borrowing; revenue bonds; suits to compel
10 performance. Sec. 11. The Authority shall have continuing
11 power to borrow money for the purpose of carrying out and
12 performing its duties and exercising its powers under this
13 Article.
14 For the purpose of evidencing the obligation of the
15 Authority to repay any money borrowed as aforesaid, the
16 Authority may, pursuant to an ordinance adopted by the Board,
17 from time to time issue and dispose of its interest bearing
18 revenue bonds, and may also from time to time issue and
19 dispose of its interest bearing revenue bonds to refund any
20 bonds at maturity or pursuant to redemption provisions or at
21 any time before maturity with the consent of the holders
22 thereof. All such bonds shall be payable solely from the
23 revenues or income to be derived from the fairs, expositions,
24 exhibitions, rentals and leases and other authorized
25 activities operated by it, and from funds, if any, received
26 and to be received by the Authority from any other source.
27 Such bonds may bear such date or dates, may mature at such
28 time or times not exceeding 40 years from their respective
29 dates, may bear interest at such rate or rates, not exceeding
30 the maximum rate permitted by the Bond Authorization Act "An
31 Act to authorize public corporations to issue bonds, other
32 evidences or indebtedness and tax anticipation warrants
33 subject to interest rate limitations set forth therein",
-1256- LRB9000879DJcd
1 approved May 26, 1970, as amended, may be in such form, may
2 carry such registration privileges, may be executed in such
3 manner, may be payable at such place or places, may be made
4 subject to redemption in such manner and upon such terms,
5 with or without premium as is stated on the face thereof, may
6 be executed in such manner, and may contain such terms and
7 covenants, all as may be provided in said ordinance. In case
8 any officer whose signature appears on any bond ceases (after
9 attaching his signature) to hold office, his signature shall
10 nevertheless be valid and effective for all purposes. The
11 holder or holders of any bonds, or interest coupons
12 appertaining thereto issued by the Authority may bring suits
13 at law or proceedings in equity to compel the performance and
14 observance by the Authority or any of its officers, agents or
15 employees of or any contract or covenant made by the
16 Authority with the holders of such bonds or interest coupons,
17 and to compel the Authority or and any of its officers,
18 agents or employees to perform any duties required to be
19 performed for the benefit of the holders of any such bonds or
20 interest coupons by the provisions of the ordinance
21 authorizing their issuance, and to enjoin the Authority and
22 any of its officers, agents or employees from taking any
23 action in conflict with any such contract or covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face fact
26 thereof that it is non-negotiable, all such bonds shall be
27 negotiable instruments under the Uniform Commercial Code.
28 From and after the issuance of any bonds as herein
29 provided it shall be the duty of the corporate authorities of
30 the Authority to fix and establish rates, charges, rents, and
31 fees for the use of facilities acquired, constructed,
32 reconstructed, extended or improved with the proceeds of the
33 sale of said bonds sufficient at all times, with other
34 revenues of the Authority, to pay:
-1257- LRB9000879DJcd
1 (a) the cost of maintaining, repairing, regulating and
2 operating the said facilities; and
3 (b) the bonds and interest thereon as they shall become
4 due, and all sinking fund requirements and other requirements
5 provided by the ordinance authorizing the issuance of the
6 bonds or as provided by any trust agreement executed to
7 secure payment thereof.
8 To secure the payment of any or all of such bonds and for
9 the purpose of setting forth the covenants and undertakings
10 of the Authority in connection with the issuance thereof and
11 the issuance of any additional bonds payable from such
12 revenue income to be derived from the fairs, recreational,
13 theatrical, and cultural, expositions, sports activities,
14 exhibitions, office rentals, and air space leases and
15 rentals, and from other revenue, if any, the Authority may
16 execute and deliver a trust agreement or agreements; provided
17 that no lien upon any physical property of the Authority
18 shall be created thereby.
19 A remedy for any breach or default of the terms of any
20 such trust agreement by the Authority may be by mandamus
21 proceedings in any court of competent jurisdiction to compel
22 performance and compliance therewith, but the trust agreement
23 may prescribe by whom or on whose behalf such action may be
24 instituted.
25 Before any such bonds (excepting refunding bonds) are
26 sold, the entire authorized issue, or any part thereof, shall
27 be offered for sale as a unit after advertising for bids at
28 least 3 times in a daily newspaper of general circulation
29 published in the metropolitan area, the last publication to
30 be at least 10 days before bids are required to be filed.
31 Copies of such advertisement may be published in any
32 newspaper or financial publication in the United States. All
33 bids shall be sealed, filed and opened as provided by
34 ordinance and the bonds shall be awarded to the highest and
-1258- LRB9000879DJcd
1 best bidder or bidders therefor. The Authority shall have
2 the right to reject all bids and to readvertise for bids in
3 the manner provided for in the initial advertisement.
4 However, if no bids are received, such bonds may be sold at
5 not less than par value, without further advertising, within
6 60 days after the bids are required to be filed pursuant to
7 any advertisement.
8 (Source: P.A. 85-14.)
9 (70 ILCS 350/12) (from Ch. 85, par. 6112)
10 Section 2-55. Bonds; nature of indebtedness. Sec. 12.
11 Under no circumstances shall any bonds issued by the
12 Authority be or become an indebtedness or obligation of the
13 State of Illinois or of any political subdivision of or
14 municipality within the State, nor shall any such bond or
15 obligation be or become an indebtedness of the Authority
16 within the purview of any constitutional limitation or
17 provision, and it shall be plainly stated on the face of each
18 such bond that it does not constitute such an indebtedness or
19 obligation but is payable solely from the revenues or income
20 as provided in this Article aforesaid.
21 (Source: P.A. 85-14.)
22 (70 ILCS 350/13) (from Ch. 85, par. 6113)
23 Section 2-60. Investment in bonds. Sec. 13. The State
24 and all counties, cities, villages, incorporated towns and
25 other municipal corporations, political subdivisions and
26 public bodies, and public officers of any thereof;, all
27 banks, bankers, trust companies, savings banks and
28 institutions, building and loan associations, savings and
29 loan associations, investment companies, and other persons
30 carrying on an insurance business; and all executors,
31 administrators, guardians, trustees and other fiduciaries may
32 legally invest any sinking funds, moneys or other funds
-1259- LRB9000879DJcd
1 belonging to them or within their control in any bonds issued
2 pursuant to this Article, it being the purpose of this
3 Section to authorize the investment in such bonds of all
4 sinking, insurance, retirement, compensation, pension and
5 trust funds, whether owned or controlled by private or public
6 persons or officers; provided, however, that nothing
7 contained in this Section may be construed as relieving any
8 person from any duty of exercising reasonable care in
9 selecting securities for investment.
10 (Source: P.A. 85-14.)
11 (70 ILCS 350/14) (from Ch. 85, par. 6114)
12 Section 2-75. Board members; financial matters; conflict
13 of interest. Sec. 14. * * *(nonstandard provisions contained
14 in Section 275-15)* * * The members of the Board shall serve
15 without compensation, but shall be reimbursed for actual
16 expenses incurred by them in the performance of their duties.
17 No member of the Board or employee of the Authority shall
18 have any private financial interest, profit or benefit in any
19 contract, work or business of the Authority or nor in the
20 sale or lease of any property to or from the Authority.
21 (Source: P.A. 85-14.)
22 (70 ILCS 350/15) (from Ch. 85, par. 6115)
23 Section 2-80. Board members' oath. Sec. 15. * *
24 *(nonstandard provisions contained in Section 275-20)* * *
25 Within 30 days after certification of his appointment, and
26 before entering upon the duties of his office, each member of
27 the Board shall take and subscribe the constitutional oath of
28 office and file it in the office of the Secretary of State.
29 (Source: P.A. 85-14.)
30 (70 ILCS 350/16) (from Ch. 85, par. 6116)
31 Section 2-85. Board members; vacancy in office. Sec. 16.
-1260- LRB9000879DJcd
1 Members of the Board shall hold office until their respective
2 successors have been appointed and qualified. Any member may
3 resign from his office; the resignation takes to take effect
4 when the member's his successor has been appointed and has
5 qualified. * * *(nonstandard provisions contained in Section
6 275-25)* * *
7 In case of failure to qualify within the time required,
8 or of abandonment of his office, or in case of death,
9 conviction of a felony or removal from office, a member's his
10 office shall become vacant. Each vacancy shall be filled for
11 the unexpired term by appointment in like manner, as in the
12 case of expiration of the term of a member of the Board.
13 (Source: P.A. 85-14.)
14 (70 ILCS 350/17) (from Ch. 85, par. 6117)
15 Section 2-90. Organization of the Board. Sec. 17. As
16 soon as practicably possible after the appointment of the
17 initial members, the Board shall organize for the transaction
18 of business, select a chairman and a temporary secretary from
19 its own number, and adopt by-laws and regulations to govern
20 its proceedings. The initial chairman and his successors
21 shall be elected by the Board from time to time for the term
22 of the chairman's his office as a member of the Board or for
23 the term of 3 years, whichever is shorter.
24 (Source: P.A. 85-14.)
25 (70 ILCS 350/18) (from Ch. 85, par. 6118)
26 Section 2-96. Meetings; action by 4 Board members. Sec.
27 18. Regular meetings of the Board shall be held at least
28 once in each calendar month, the time and place of such
29 meetings to be fixed by the Board.
30 Four members of the Board shall constitute a quorum for
31 the transaction of business. All actions of the Board shall
32 be by ordinance or resolution and the affirmative vote of at
-1261- LRB9000879DJcd
1 least 4 members shall be necessary for the adoption of any
2 ordinance or resolution.
3 All ordinances, resolutions and all proceedings of the
4 Authority and all documents and records in its possession
5 shall be public records, and open to public inspection,
6 except such documents and records as shall be kept or
7 prepared by the Board for use in negotiations, actions action
8 or proceedings to which the Authority is a party.
9 (Source: P.A. 85-14.)
10 (70 ILCS 350/19) (from Ch. 85, par. 6119)
11 Section 2-100. Secretary; treasurer. Sec. 19. The Board
12 shall appoint a secretary and a treasurer, who need not be
13 members of the Board, to hold office during the pleasure of
14 the Board, and shall fix their duties and compensation.
15 Before entering upon the duties of their respective offices,
16 they shall take and subscribe the constitutional oath of
17 office, and the treasurer shall execute a bond with corporate
18 sureties to be approved by the Board. The bond shall be
19 payable to the Authority in whatever penal sum may be
20 directed upon the faithful performance of the duties of the
21 office and the payment of all money received by the treasurer
22 him according to law and the orders of the Board. The Board
23 may, at any time, require a new bond from the treasurer in a
24 such penal sum as may then be determined by the Board. The
25 obligation of the sureties shall not extend to any loss
26 sustained by the insolvency, failure or closing of any
27 national or state bank wherein the treasurer has deposited
28 funds if the bank has been approved by the Board as a
29 depositary depository for those these funds. The oaths of
30 office and the treasurer's bond bonds shall be filed in the
31 principal office of the Authority.
32 (Source: P.A. 85-14.)
-1262- LRB9000879DJcd
1 (70 ILCS 350/20) (from Ch. 85, par. 6120)
2 Section 2-105. Funds. Sec. 20. All funds deposited by
3 the treasurer in any bank shall be placed in the name of the
4 Authority and shall be withdrawn or paid out only by check or
5 draft upon the bank, signed by the treasurer and
6 countersigned by the chairman of the Board. The Board may
7 designate any of its members or any officer or employee of
8 the Authority to affix the signature of the chairman and
9 another to affix the signature of the treasurer to any check
10 or draft for payment of salaries or wages and for payment of
11 any other obligation of not more than $2,500.
12 (Source: P.A. 85-14.)
13 (70 ILCS 350/21) (from Ch. 85, par. 6121)
14 Section 2-110. Signatures on checks or drafts. Sec. 21.
15 In case any officer whose signature appears upon any check or
16 draft issued pursuant to this Article Act ceases to hold
17 office (after attaching his or her signature) and to hold his
18 office before the delivery of the check or draft thereof to
19 the payee, that his signature, nevertheless, shall be valid
20 and sufficient for all purposes with the same effect as if
21 the officer he had remained in office until delivery.
22 (Source: P.A. 85-14.)
23 (70 ILCS 350/22) (from Ch. 85, par. 6122)
24 Section 2-115. General manager; other appointments. Sec.
25 22. The Board may appoint a general manager who shall be a
26 person of recognized ability and business experience, to hold
27 office during the pleasure of the Board. The general manager
28 shall have management of the properties and business of the
29 Authority and of the employees thereof subject to the general
30 control of the Board, shall direct the enforcement of all
31 ordinances, resolutions, rules and regulations of the Board,
32 and shall perform such other duties as may be prescribed from
-1263- LRB9000879DJcd
1 time to time by the Board.
2 The Board may appoint a general attorney and a chief
3 engineer and shall provide for the appointment of such other
4 officers, attorneys, engineers, planners, consultants, agents
5 and employees as may be necessary. The Board It shall define
6 their duties and require bonds of such of them as the Board
7 may designate.
8 The general manager, general attorney, chief engineer,
9 and all other officers provided for, pursuant to this
10 Section, shall be exempt from taking and subscribing any oath
11 of office and shall not be members of the Board.
12 The compensation of the general manager, general
13 attorney, chief engineer, and all other officers, attorneys,
14 planners, consultants, agents and employees shall be fixed by
15 the Board.
16 (Source: P.A. 85-14.)
17 (70 ILCS 350/23) (from Ch. 85, par. 6123)
18 Section 2-122. Rules and regulations; penalties. Sec.
19 23. The Board shall have power to make all rules and
20 regulations, proper or necessary, to carry into effect the
21 powers granted to the Authority, with such penalties as may
22 be deemed proper.
23 (Source: P.A. 85-14.)
24 (70 ILCS 350/24) (from Ch. 85, par. 6124)
25 Section 2-125. Contracts; award to other than highest or
26 lowest bidder by vote of 5 Board members. Sec. 24. All
27 contracts for the sale of property of the value of more than
28 $2,500 or for a concession in or lease of property, including
29 air rights, of the Authority for a term of more than one year
30 shall be awarded to the highest responsible bidder, after
31 advertising for bids. All construction contracts and
32 contracts for supplies, materials, equipment and services,
-1264- LRB9000879DJcd
1 when the expense thereof will exceed $2,500, shall be let to
2 the lowest responsible bidder after advertising for bids,
3 excepting (1) when repair parts, accessories, equipment or
4 services are required for equipment or services previously
5 furnished or contracted for; (2) when the nature of the
6 services required is such that competitive bidding is not in
7 the best interest of the public, including, without limiting
8 the generality of the foregoing, the services of accountants,
9 architects, attorneys, engineers, physicians, superintendents
10 of construction, and others possessing a high degree of
11 skill; and (3) when services such as water, light, heat,
12 power, telephone or telegraph are required.
13 All contracts involving less than $2,500 shall be let by
14 competitive bidding to the lowest responsible bidder whenever
15 possible, and, in any event, in a manner calculated to ensure
16 insure the best interests of the public. Competitive bidding
17 is not required for the lease of real estate or buildings
18 owned or controlled by the Authority. The Board is empowered
19 to offer such leases upon such terms as it deems advisable.
20 In determining the responsibility of any bidder, the
21 Board may take into account the past record records of
22 dealings with the bidder, the bidder's experience, adequacy
23 of equipment, and ability to complete performance within the
24 time set, and other factors besides financial responsibility,
25 but in no case shall any such contracts be awarded to any
26 other than the highest bidder (in case of sale, concession or
27 lease) or the lowest bidder (in case of purchase or
28 expenditure) unless authorized or approved by a vote of at
29 least 5 members of the Board, and unless such action is
30 accompanied by a statement in writing setting forth the
31 reasons for not awarding the contract to the highest or
32 lowest bidder, as the case may be, which statement shall be
33 kept on file in the principal office of the Authority and
34 open to public inspection.
-1265- LRB9000879DJcd
1 Members of the Board, officers and employees of the
2 Authority, and their relatives within the fourth degree of
3 consanguinity by the terms of the civil law, are forbidden to
4 be interested directly or indirectly in any contract for
5 construction or maintenance work or for the delivery of
6 materials, supplies or equipment.
7 The Board shall have the right to reject all bids and to
8 readvertise for bids. If after any such advertisement no
9 responsible and satisfactory bid, within the terms of the
10 advertisement, shall be received, the Board may award such
11 contract without competitive bidding, provided that it shall
12 not be less advantageous to the Authority than any valid bid
13 received pursuant to advertisement.
14 The Board shall adopt rules and regulations to carry into
15 effect the provisions of this Section.
16 (Source: P.A. 85-14.)
17 (70 ILCS 350/25) (from Ch. 85, par. 6125)
18 Section 2-130. Bids and advertisements. Sec. 25.
19 Advertisements for bids shall be published at least twice in
20 a daily newspaper of general circulation published in the
21 metropolitan area, the last publication to be at least 10
22 calendar days before the time for receiving bids, and such
23 advertisements shall also be posted on readily accessible
24 bulletin boards in the principal office of the Authority.
25 Such advertisements shall state the time and place for
26 receiving and opening of bids and, by reference to plans and
27 specifications on file for receiving and opening of bids and
28 by reference to plans and specifications on file at the time
29 of the first publication, or in the advertisement itself,
30 shall describe the character of the proposed contract in
31 sufficient detail to fully advise prospective bidders of
32 their obligations and to ensure insure free and open
33 competitive bidding.
-1266- LRB9000879DJcd
1 All bids in response to advertisements shall be sealed
2 and shall be publicly opened by the Board, and all bidders
3 shall be entitled to be present in person or by
4 representatives. Cash or a certified or satisfactory
5 cashier's check, as a deposit of good faith, in a reasonable
6 amount to be fixed by the Board before advertising for bids,
7 shall be required with the proposal of each bidder. Bond for
8 faithful performance of the contract with surety or sureties
9 satisfactory to the Board and adequate insurance may be
10 required in reasonable amounts to be fixed by the Board
11 before advertising for bids.
12 The contract shall be awarded as promptly as possible
13 after the opening of bids. The bid of the successful bidder,
14 as well as the bids of the unsuccessful bidders, shall be
15 placed on file and be open to public inspection. All bids
16 shall be void if any disclosure of the terms of any bid in
17 response to an advertisement is made or permitted to be made
18 by the Board before the time fixed for opening bids.
19 * * *(nonstandard provisions contained in Section
20 275-30)* * *
21 (Source: P.A. 85-14.)
22 (70 ILCS 350/26) (from Ch. 85, par. 6126)
23 Section 2-135. Report and financial statement. Sec. 26.
24 As soon after the end of each fiscal year as may be
25 expedient, the Board shall cause to be prepared and printed a
26 complete and detailed report and financial statement of its
27 operations and of its assets and liabilities. A reasonably
28 sufficient number of copies of such report shall be printed
29 for distribution to persons interested upon request and a
30 copy thereof shall be filed with the county clerk and the
31 appointing officers.
32 (Source: P.A. 85-14.)
-1267- LRB9000879DJcd
1 (70 ILCS 350/27) (from Ch. 85, par. 6127)
2 Section 2-140. State financial support. Sec. 27. The
3 Authority created by this Article shall receive financial
4 support from the State in the amounts provided for in Section
5 4 of the Metropolitan Civic Center Support Act.
6 (Source: P.A. 85-14.)
7 (70 ILCS 350/28) (from Ch. 85, par. 6128)
8 Section 2-145. Antitrust laws. Sec. 28. The Authority
9 is hereby expressly made the beneficiary of the provisions of
10 Section 1 of the Local Government Antitrust Exemption Act "An
11 Act to make explicit the authorization for units of local
12 government and certain other governmental bodies to act as
13 permitted by statute or the Illinois Constitution,
14 notwithstanding effects on competition", amendatory veto
15 overridden November 3, 1983, and the General Assembly intends
16 that the "State action exemption" to the application of the
17 federal antitrust anti-trust laws be fully available to the
18 Authority to the extent its activities are either (1)
19 expressly or by necessary implication authorized by this
20 Article or other Illinois law, or (2) within traditional
21 areas of local governmental activity.
22 (Source: P.A. 85-14.)
23 (70 ILCS 350/29) (from Ch. 85, par. 6129)
24 Section 2-150. Tax exemption. Sec. 29. All property of
25 the Authority shall be exempt from taxation by the State or
26 any taxing unit therein.
27 (Source: P.A. 85-14.)
28 (70 ILCS 350/30) (from Ch. 85, par. 6130)
29 Section 2-30. Prompt payment. Sec. 30. Purchases made
30 under pursuant to this Article shall be made in compliance
31 with the Local Government Prompt Payment Act.
-1268- LRB9000879DJcd
1 (Source: P.A. 85-14.)
2 PART 280. WILL COUNTY METROPOLITAN
3 EXPOSITION AND AUDITORIUM AUTHORITY
4 (70 ILCS 290/1) (from Ch. 85, par. 1580-1)
5 Section 2-3. Purpose. Sec. 1. The purpose of this
6 Article Act is to accomplish the aims of the State of
7 Illinois to enhance the ability of its citizens to avail
8 themselves of civic and cultural centers geographically
9 situated throughout the entire State of Illinois.
10 (Source: P.A. 80-909.)
11 (70 ILCS 290/2) (from Ch. 85, par. 1580-2)
12 Section 280-1. Short title. Sec. 2. * * *(nonstandard
13 provisions contained in Section 280-1)* * *
14 (Source: P.A. 86-1414.)
15 (70 ILCS 290/3) (from Ch. 85, par. 1580-3)
16 Section 2-5. Definitions. Sec. 3. When used In this
17 Article Act:
18 * * *(nonstandard provisions contained in Section 280-5)*
19 * *
20 "Governmental agency" means the federal government, the
21 State, and any unit of local government or school district
22 governmental body, and any agency or instrumentality,
23 corporate or otherwise, thereof.
24 "Person" means any individual, firm, partnership,
25 corporation, both domestic and foreign, company, association
26 or joint stock association; and includes any trustee,
27 receiver, assignee or personal representative thereof.
28 * * *(nonstandard provisions contained in Section 280-5)*
29 * *
30 (Source: P.A. 86-1414.)
-1269- LRB9000879DJcd
1 (70 ILCS 290/4) (from Ch. 85, par. 1580-4)
2 Section 2-10. Lawsuits; common seal. Sec. 4. * *
3 *(nonstandard provisions contained in Section 280-10)* * *
4 (a) The Authority may sue and be sued in its corporate
5 name but execution shall not in any case issue against any
6 property of the Authority.
7 (b) The Authority It may adopt a common seal and change
8 the same at its pleasure. * * *(nonstandard provisions
9 contained in Section 280-10)* * *
10 (Source: P.A. 86-1441.)
11 (70 ILCS 290/5) (from Ch. 85, par. 1580-5)
12 Section 280-15. Duties. Sec. 5. * * *(nonstandard
13 provisions contained in Section 280-15)* * *
14 (Source: P.A. 80-909.)
15 (70 ILCS 290/6) (from Ch. 85, par. 1580-6)
16 Section 280-20. Rights and powers. Sec. 6. * *
17 *(nonstandard provisions contained in Section 280-20)* * *
18 (Source: P.A. 82-783.)
19 (70 ILCS 290/7) (from Ch. 85, par. 1580-7)
20 Section 2-25. Incurring obligations. Sec. 7. The
21 Authority shall not incur any obligations for salaries, or
22 for office or administrative expenses except within the
23 amounts of funds that which will be available to it when such
24 obligations become payable.
25 (Source: P.A. 80-909.)
26 (70 ILCS 290/7.1) (from Ch. 85, par. 1580-7.1)
27 Section 2-30. Prompt payment. Sec. 7.1. Purchases made
28 under pursuant to this Article Act shall be made in
29 compliance with the the "Local Government Prompt Payment
30 Act", approved by the Eighty-fourth General Assembly.
-1270- LRB9000879DJcd
1 (Source: P.A. 84-731.)
2 (70 ILCS 290/8) (from Ch. 85, par. 1580-8)
3 Section 2-35. Acquisition of property from person,
4 State, or local agency. Sec. 8. The Authority shall have
5 power (i) to acquire and accept by purchase, lease, gift or
6 otherwise any property or rights useful for the Authority's
7 purposes from any person or persons, from any municipal
8 corporation, body politic, or agency of the State, or from
9 the State itself, (ii) useful for its purposes, and to apply
10 for and accept grants, matching grants, loans or
11 appropriations from the State of Illinois or any agency or
12 instrumentality thereof to be used for any of the purposes of
13 the Authority, and (iii) to enter into any agreement with the
14 State of Illinois in relation to such grants, matching
15 grants, loans or appropriations.
16 (Source: P.A. 80-909.)
17 (70 ILCS 290/9) (from Ch. 85, par. 1580-9)
18 Section 280-25. Federal money. Sec. 9. * * *(nonstandard
19 provisions contained in Section 280-25)* * *
20 (Source: P.A. 80-909.)
21 (70 ILCS 290/10) (from Ch. 85, par. 1580-10)
22 Section 2-45. Insurance. Sec. 10. The Authority shall
23 have the power to procure and enter into contracts for any
24 type of insurance and indemnity against loss or damage to
25 property from any cause, against loss of use and occupancy,
26 against employers' liability, against any act of any member,
27 officer, or employee of the Board or Authority in the
28 performance of the duties of the his office or employment,
29 and against or any other insurable risk.
30 (Source: P.A. 80-909.)
-1271- LRB9000879DJcd
1 (70 ILCS 290/11) (from Ch. 85, par. 1580-11)
2 Section 280-30. Borrowing; revenue bonds. Sec. 11. * *
3 *(nonstandard provisions contained in Section 280-30)* * *
4 (Source: P.A. 86-4.)
5 (70 ILCS 290/12) (from Ch. 85, par. 1580-12)
6 Section 280-35. Bonds; nature of indebtedness. Sec. 12.
7 * * *(nonstandard provisions contained in Section 280-35)* *
8 *
9 (Source: P.A. 80-909.)
10 (70 ILCS 290/13) (from Ch. 85, par. 1580-13)
11 Section 2-60. Investment in bonds. Sec. 13. The State
12 and all counties, cities, villages, incorporated towns and
13 other municipal corporations, political subdivisions and
14 public bodies, and public officers of any thereof;, all
15 banks, bankers, trust companies, savings banks and
16 institutions, building and loan associations, savings and
17 loan associations, investment companies and other persons
18 carrying on an insurance business; and all executors,
19 administrators, guardians, trustees and other fiduciaries may
20 legally invest any sinking funds, moneys or other funds
21 belonging to them or within their control in any bonds issued
22 pursuant to this Article Act, it being the purpose of this
23 Section to authorize the investment in such bonds of all
24 sinking, insurance, retirement, compensation, pension and
25 trust funds, whether owned or controlled by private or public
26 persons or officers; provided, however, that nothing
27 contained in this Section may be construed as relieving any
28 person from any duty of exercising reasonable care in
29 selecting securities for purchase or investment.
30 (Source: P.A. 80-909.)
31 (70 ILCS 290/14) (from Ch. 85, par. 1580-14)
-1272- LRB9000879DJcd
1 Section 280-40. G.O. bonds. Sec. 14. * * *(nonstandard
2 provisions contained in Section 280-40)* * *
3 (Source: P.A. 86-4.)
4 (70 ILCS 290/15) (from Ch. 85, par. 1580-15)
5 Section 280-45. G.O. bonds; election. Sec. 15. * *
6 *(nonstandard provisions contained in Section 280-45)* * *
7 (Source: P.A. 86-1414.)
8 (70 ILCS 290/16) (from Ch. 85, par. 1580-16)
9 Section 280-50. Conduct of election; canvass of returns.
10 Sec. 16. * * *(nonstandard provisions contained in Section
11 280-50)* * *
12 (Source: P.A. 81-1489.)
13 (70 ILCS 290/17) (from Ch. 85, par. 1580-17)
14 Section 2-76. Board members; financial matters;
15 compensation for secretary or treasurer; conflict of
16 interest. Sec. 17. * * *(nonstandard provisions contained in
17 Section 280-55)* * * The members of the Board shall serve
18 without compensation, but shall be reimbursed for actual
19 expenses incurred by them in the performance of their duties.
20 However, any member of the Board who is appointed to the
21 office of secretary or treasurer may receive compensation for
22 his or her services as such officer.
23 No member of the Board or employee of the Authority shall
24 have any private financial interest, profit or benefit in any
25 contract, work or business of the Authority or nor in the
26 sale or lease of any property to or from the Authority.
27 (Source: P.A. 86-1414.)
28 (70 ILCS 290/18) (from Ch. 85, par. 1580-18)
29 Section 2-80. Board members' oath. Sec. 18. * *
30 *(nonstandard provisions contained in Section 280-60)* * *
-1273- LRB9000879DJcd
1 Within 30 days after certification of appointment, and before
2 entering upon the duties of office, each member of the Board
3 shall take and subscribe the constitutional oath of office
4 and file it in the office of the Secretary of State.
5 (Source: P.A. 86-1414.)
6 (70 ILCS 290/19) (from Ch. 85, par. 1580-19)
7 Section 280-65. Organization of Board. Sec. 19. * *
8 *(nonstandard provisions contained in Section 280-65)* * *
9 (Source: P.A. 80-909.)
10 (70 ILCS 290/20) (from Ch. 85, par. 1580-20)
11 Section 280-70. Meetings; approval of ordinances and
12 resolutions by chairman; public records. Sec. 20. * *
13 *(nonstandard provisions contained in Section 280-70)* * *
14 (Source: P.A. 82-349.)
15 (70 ILCS 290/21) (from Ch. 85, par. 1580-21)
16 Section 2-101. Secretary; treasurer; funds deposited in
17 bank or savings and loan association. Sec. 21. The Board
18 shall appoint a secretary and a treasurer, who need not be
19 members of the Board, to hold office during the pleasure of
20 the Board, and shall fix their duties and compensation.
21 Before entering upon the its duties of their respective
22 offices they shall take and subscribe the constitutional oath
23 of office, and the treasurer shall execute a bond with
24 corporate sureties to be approved by the Board. The bond
25 shall be payable to the Authority in whatever penal sum may
26 be directed upon the faithful performance of the duties of to
27 the office and the payment of all money received by the
28 treasurer him according to law and the orders of the Board.
29 The Board may, at any time, require a new bond from the
30 treasurer in such penal sum as may then be determined by the
31 Board. The obligation of the sureties shall not extend to
-1274- LRB9000879DJcd
1 any loss sustained by the insolvency, failure or closing of
2 any savings and loan association or national or State bank
3 wherein the treasurer has deposited funds if the bank or
4 savings and loan association has been approved by the Board
5 as a depository depositary for those these funds. The oaths
6 of office and the treasurer's bond shall be filed in the
7 principal office of the Authority.
8 (Source: P.A. 83-541.)
9 (70 ILCS 290/22) (from Ch. 85, par. 1580-22)
10 Section 280-75. Funds; compliance with Public Funds
11 Investment Act. Sec. 22. * * *(nonstandard provisions
12 contained in Section 280-75)* * *
13 (Source: P.A. 83-541.)
14 (70 ILCS 290/23) (from Ch. 85, par. 1580-23)
15 Section 2-110. Signatures on checks or drafts. Sec. 23.
16 In case any officer whose signature appears upon any check or
17 draft, issued pursuant to this Article Act, ceases (after
18 attaching his signature) to hold his office after attaching
19 his or her signature and before the delivery of the check or
20 draft thereof to the payee, that his signature nevertheless
21 shall be valid and sufficient for all purposes with the same
22 effect as if the officer he had remained in office until
23 delivery thereof.
24 (Source: P.A. 80-909.)
25 (70 ILCS 290/24) (from Ch. 85, par. 1580-24)
26 Section 2-115. General manager; other appointments. Sec.
27 24. The Board may appoint a general manager who shall be a
28 person an individual of recognized ability and business
29 experience, to hold office during the pleasure of the Board.
30 The general manager shall have management of the properties
31 and business of the Authority and of the employees thereof
-1275- LRB9000879DJcd
1 subject to the general control of the Board, shall direct the
2 enforcement of all ordinances, resolutions, rules and
3 regulations of the Board, and shall perform such other duties
4 as may be prescribed from time to time by the Board.
5 The Board may appoint a general attorney and a chief
6 engineer and shall provide for the appointment of such other
7 officers, attorneys, engineers, planners, consultants, agents
8 and employees as may be necessary. The Board It shall define
9 their duties and require bonds of such of them as the Board
10 may designate.
11 The general manager, general attorney, chief engineer,
12 and all other officers provided for pursuant to this Section
13 shall be exempt from taking and subscribing any oath of
14 office and shall not be members of the Board.
15 The compensation of the general manager, general
16 attorney, chief engineer, and all other officers, attorneys,
17 planners, consultants, agents and employees shall be fixed by
18 the Board.
19 (Source: P.A. 80-909.)
20 (70 ILCS 290/25) (from Ch. 85, par. 1580-25)
21 Section 2-120. Ordinances, rules, and regulations; fines
22 and penalties. Sec. 25. The Board shall have power to pass
23 all ordinances and make all rules and regulations proper or
24 necessary to carry into effect the powers granted to the
25 Authority, with such fines or penalties as may be deemed
26 proper. All fines and penalties shall be imposed by
27 ordinance, which shall be published in a newspaper of general
28 circulation published in the metropolitan area embraced by
29 the Authority. No such ordinance imposing a fine or penalty
30 shall take effect until 10 days after its publication.
31 (Source: P.A. 80-909.)
32 (70 ILCS 290/26) (from Ch. 85, par. 1580-26)
-1276- LRB9000879DJcd
1 Section 280-80. Contracts; bidding. Sec. 26. * *
2 *(nonstandard provisions contained in Section 280-80)* * *
3 (Source: P.A. 82-786.)
4 (70 ILCS 290/27) (from Ch. 85, par. 1580-27)
5 Section 2-130. Bids and advertisements. Sec. 27.
6 Advertisements Advertisement for bids shall be published at
7 least twice in a daily newspaper of general circulation
8 published in the metropolitan area, the last publication to
9 be at least 10 calendar days before the time for receiving
10 bids, and such advertisements shall also be posted on readily
11 accessible bulletin boards in the principal office of the
12 Authority. Such advertisements shall state the time and
13 place for receiving and opening of bids, and, by reference to
14 plans and specifications on file at the time of the first
15 publication, or in the advertisement itself, shall describe
16 the character of the proposed contract in sufficient detail
17 to fully advise prospective bidders of their obligations and
18 to ensure insure free and open competitive bidding.
19 All bids in response to advertisements shall be sealed
20 and shall be publicly opened by the Board, and all bidders
21 shall be entitled to be present in person or by
22 representatives. Cash or a certified or satisfactory
23 cashier's check, as a deposit of good faith, in a reasonable
24 amount to be fixed by the Board before advertising for bids,
25 shall be required with the proposal of each bidder. Bond for
26 faithful performance of the contract with surety or sureties
27 satisfactory to the Board and adequate insurance may be
28 required in reasonable amounts to be fixed by the Board
29 before advertising for bids.
30 The contract shall be awarded as promptly as possible
31 after the opening of bids. The bid of the successful bidder,
32 as well as the bids of the unsuccessful bidders, shall be
33 placed on file and be open to public inspection. All bids
-1277- LRB9000879DJcd
1 shall be void if any disclosure of the terms of any bid in
2 response to an advertisement is made or permitted to be made
3 by the Board before the time fixed for opening bids.
4 Section 2-132. Bidders; civil action to compel
5 compliance. Any bidder who has submitted a bid in compliance
6 with the requirements for bidding may bring a civil action
7 suit in equity in the circuit court in the county in which
8 the metropolitan area is located to compel compliance with
9 the provisions of this Article Act relating to the awarding
10 of contracts by the Board.
11 (Source: P.A. 80-909.)
12 (70 ILCS 290/27a) (from Ch. 85, par. 1580-27a)
13 Section 2-150. Tax exemption. Sec. 27a. Exemption from
14 taxation. All property of the Waukegan and Will County
15 Metropolitan Exposition and Auditorium Civic Center Authority
16 shall be exempt from taxation by the State or any taxing unit
17 therein.
18 (Source: P.A. 83-893.)
19 (70 ILCS 290/27b) (from Ch. 85, par. 1580-27b)
20 Section 2-145. Antitrust laws. Sec. 27b. The Authority
21 is hereby expressly made the beneficiary of the provisions of
22 Section 1 of the Local Government Antitrust Exemption Act "An
23 Act to make explicit the authorization for units of local
24 government and certain other governmental bodies to act as
25 permitted by statute or the Illinois Constitution,
26 notwithstanding effects on competition", amendatory veto
27 overridden November 3, 1983, and the General Assembly intends
28 that the "State action exemption" to the application of the
29 federal antitrust anti-trust laws be fully available to the
30 Authority to the extent its activities are either (1)
31 expressly or by necessary implication authorized by this
32 Article Act or other Illinois law, or (2) within traditional
-1278- LRB9000879DJcd
1 areas of local governmental activity.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 290/27c) (from Ch. 85, par. 1580-27c)
4 Section 2-140. State financial support. Sec. 27c. The
5 Authority created by this Article Act shall receive financial
6 support from the State in the amounts provided for in Section
7 4 of the Metropolitan Civic Center Support Act.
8 (Source: P.A. 83-1456.)
9 (70 ILCS 290/28) (from Ch. 85, par. 1580-28)
10 Section 280-85. Report and financial statement. Sec. 28.
11 * * *(nonstandard provisions contained in Section 280-85)* *
12 *
13 (Source: P.A. 80-909.)
-1279- LRB9000879DJcd
1 INDEX
2 Statutes amended in order of appearance
3 from 70 ILCS 220/1-2
4 from 70 ILCS 220/1-3, in part
5 from 70 ILCS 220/1-4, in part
6 from 70 ILCS 220/1-14, in part
7 from 70 ILCS 220/1-15, in part
8 from 70 ILCS 220/1-16, in part
9 from 70 ILCS 220/1-25, in part
10 from 70 ILCS 225/1
11 from 70 ILCS 225/2, in part
12 from 70 ILCS 225/3, in part
13 from 70 ILCS 225/5
14 from 70 ILCS 225/13
15 from 70 ILCS 225/14
16 from 70 ILCS 225/15, in part
17 from 70 ILCS 225/16, in part
18 from 70 ILCS 225/19, in part
19 from 70 ILCS 225/25, in part
20 from 70 ILCS 230/1-2
21 from 70 ILCS 230/1-3, in part
22 from 70 ILCS 230/1-4, in part
23 from 70 ILCS 230/1-14, in part
24 from 70 ILCS 230/1-15, in part
25 from 70 ILCS 230/1-16, in part
26 from 70 ILCS 230/1-25, in part
27 from 70 ILCS 230/1-26
28 from 70 ILCS 235/2
29 from 70 ILCS 235/3, in part
30 from 70 ILCS 235/4, in part
31 from 70 ILCS 235/5
32 from 70 ILCS 235/6
33 from 70 ILCS 235/9
34 from 70 ILCS 235/11
-1280- LRB9000879DJcd
1 from 70 ILCS 235/12
2 from 70 ILCS 235/14
3 from 70 ILCS 235/15
4 from 70 ILCS 235/16
5 from 70 ILCS 235/17
6 from 70 ILCS 235/18, in part
7 from 70 ILCS 235/19, in part
8 from 70 ILCS 235/21
9 from 70 ILCS 235/22, in part
10 from 70 ILCS 235/24
11 from 70 ILCS 235/30
12 from 70 ILCS 260/1-1
13 from 70 ILCS 260/1-5
14 from 70 ILCS 260/1-10, in part
15 from 70 ILCS 260/1-15, in part
16 from 70 ILCS 260/1-20
17 from 70 ILCS 260/1-25
18 from 70 ILCS 260/1-35
19 from 70 ILCS 260/1-65
20 from 70 ILCS 260/1-70, in part
21 from 70 ILCS 260/1-75, in part
22 from 70 ILCS 260/1-80, in part
23 from 70 ILCS 260/1-90, in part
24 from 70 ILCS 260/1-120
25 from 70 ILCS 260/1-150
26 from 70 ILCS 305/3-1
27 from 70 ILCS 305/3-2, in part
28 from 70 ILCS 305/3-3, in part
29 from 70 ILCS 305/3-11
30 from 70 ILCS 305/3-12
31 from 70 ILCS 305/3-13, in part
32 from 70 ILCS 305/3-14
33 from 70 ILCS 305/3-15
34 from 70 ILCS 305/3-25
-1281- LRB9000879DJcd
1 from 70 ILCS 220/5-2
2 from 70 ILCS 220/5-3, in part
3 from 70 ILCS 220/5-4, in part
4 from 70 ILCS 220/5-14, in part
5 from 70 ILCS 220/5-15, in part
6 from 70 ILCS 220/5-16, in part
7 from 70 ILCS 220/5-25, in part
8 from 70 ILCS 325/2-2
9 from 70 ILCS 325/2-3, in part
10 from 70 ILCS 325/2-4, in part
11 from 70 ILCS 325/2-14, in part
12 from 70 ILCS 325/2-15, in part
13 from 70 ILCS 325/2-16, in part
14 from 70 ILCS 325/2-25, in part
15 from 70 ILCS 240/1001
16 from 70 ILCS 240/1003, in part
17 from 70 ILCS 240/1004, in part
18 from 70 ILCS 240/1006
19 from 70 ILCS 240/1014, in part
20 from 70 ILCS 240/1015, in part
21 from 70 ILCS 240/1016, in part
22 from 70 ILCS 270/5-1
23 from 70 ILCS 270/5-2, in part
24 from 70 ILCS 270/5-3, in part
25 from 70 ILCS 270/5-10
26 from 70 ILCS 270/5-11
27 from 70 ILCS 270/5-12
28 from 70 ILCS 270/5-13, in part
29 from 70 ILCS 270/5-14, in part
30 from 70 ILCS 270/5-25
31 from 70 ILCS 245/1-2
32 from 70 ILCS 245/1-3, in part
33 from 70 ILCS 245/1-4, in part
34 from 70 ILCS 245/1-13.1
-1282- LRB9000879DJcd
1 from 70 ILCS 245/1-14, in part
2 from 70 ILCS 245/1-15, in part
3 from 70 ILCS 245/1-16
4 from 70 ILCS 245/1-17
5 from 70 ILCS 245/1-18, in part
6 from 70 ILCS 245/1-24
7 from 70 ILCS 245/1-25, in part
8 from 70 ILCS 245/1-26
9 from 70 ILCS 250/2
10 from 70 ILCS 250/3, in part
11 from 70 ILCS 250/4, in part
12 from 70 ILCS 250/13.1
13 from 70 ILCS 250/14, in part
14 from 70 ILCS 250/15, in part
15 from 70 ILCS 255/2001
16 from 70 ILCS 255/2003, in part
17 from 70 ILCS 255/2004, in part
18 from 70 ILCS 255/2006
19 from 70 ILCS 255/2014, in part
20 from 70 ILCS 255/2015, in part
21 from 70 ILCS 255/2016, in part
22 from 70 ILCS 305/2-2
23 from 70 ILCS 305/2-3, in part
24 from 70 ILCS 305/2-4, in part
25 from 70 ILCS 305/2-14, in part
26 from 70 ILCS 305/2-15, in part
27 from 70 ILCS 305/2-16, in part
28 from 70 ILCS 305/2-25, in part
29 from 70 ILCS 265/1.1
30 from 70 ILCS 265/1
31 from 70 ILCS 265/2, in part
32 from 70 ILCS 265/3, in part
33 from 70 ILCS 265/5
34 from 70 ILCS 265/11
-1283- LRB9000879DJcd
1 from 70 ILCS 265/12
2 from 70 ILCS 265/13
3 from 70 ILCS 265/14
4 from 70 ILCS 265/15, in part
5 from 70 ILCS 265/16, in part
6 from 70 ILCS 265/19, in part
7 from 70 ILCS 270/1-1
8 from 70 ILCS 270/1-2, in part
9 from 70 ILCS 270/1-3, in part
10 from 70 ILCS 270/1-5
11 from 70 ILCS 270/1-10
12 from 70 ILCS 270/1-13
13 from 70 ILCS 270/1-14
14 from 70 ILCS 270/1-15, in part
15 from 70 ILCS 270/1-16, in part
16 from 70 ILCS 270/3-2
17 from 70 ILCS 270/3-3, in part
18 from 70 ILCS 270/3-4, in part
19 from 70 ILCS 270/3-16, in part
20 from 70 ILCS 270/3-17, in part
21 from 70 ILCS 270/3-22
22 from 70 ILCS 270/3-27, in part
23 from 70 ILCS 275/3001
24 from 70 ILCS 275/3003, in part
25 from 70 ILCS 275/3004, in part
26 from 70 ILCS 275/3006
27 from 70 ILCS 275/3014, in part
28 from 70 ILCS 275/3015, in part
29 from 70 ILCS 275/3016, in part
30 from 70 ILCS 275/3018, in part
31 from 70 ILCS 275/3024
32 from 70 ILCS 280/1-2
33 from 70 ILCS 280/1-3, in part
34 from 70 ILCS 280/1-4, in part
-1284- LRB9000879DJcd
1 from 70 ILCS 280/1-14, in part
2 from 70 ILCS 280/1-15, in part
3 from 70 ILCS 270/6-1
4 from 70 ILCS 270/6-2, in part
5 from 70 ILCS 270/6-3, in part
6 from 70 ILCS 270/6-10
7 from 70 ILCS 270/6-11
8 from 70 ILCS 270/6-12
9 from 70 ILCS 270/6-13
10 from 70 ILCS 270/6-14
11 from 70 ILCS 270/6-15, in part
12 from 70 ILCS 270/6-16, in part
13 from 70 ILCS 270/6-27
14 from 70 ILCS 285/1
15 from 70 ILCS 285/2, in part
16 from 70 ILCS 285/3, in part
17 from 70 ILCS 285/4
18 from 70 ILCS 285/5
19 from 70 ILCS 285/10
20 from 70 ILCS 285/13, in part
21 from 70 ILCS 285/14, in part
22 from 70 ILCS 285/16
23 from 70 ILCS 285/17, in part
24 from 70 ILCS 285/23
25 from 70 ILCS 325/6-2
26 from 70 ILCS 325/6-3, in part
27 from 70 ILCS 325/6-4, in part
28 from 70 ILCS 325/6-14, in part
29 from 70 ILCS 325/6-15, in part
30 from 70 ILCS 325/6-16, in part
31 from 70 ILCS 325/6-26
32 from 70 ILCS 220/4-2
33 from 70 ILCS 220/4-3, in part
34 from 70 ILCS 220/4-4, in part
-1285- LRB9000879DJcd
1 from 70 ILCS 220/4-11
2 from 70 ILCS 220/4-14, in part
3 from 70 ILCS 220/4-15, in part
4 from 70 ILCS 220/4-16, in part
5 from 70 ILCS 220/4-25, in part
6 from 70 ILCS 280/1-2
7 from 70 ILCS 280/1-3, in part
8 from 70 ILCS 280/1-4, in part
9 from 70 ILCS 280/1-14, in part
10 from 70 ILCS 280/1-15, in part
11 from 70 ILCS 220/6-1
12 from 70 ILCS 220/6-2, in part
13 from 70 ILCS 220/6-3, in part
14 from 70 ILCS 220/6-5
15 from 70 ILCS 220/6-10
16 from 70 ILCS 220/6-11
17 from 70 ILCS 220/6-13
18 from 70 ILCS 220/6-14 from Ch. 85, par. 5014
19 from 70 ILCS 220/6-15, in part
20 from 70 ILCS 220/6-16, in part
21 from 70 ILCS 220/6-28
22 from 70 ILCS 220/9-2
23 from 70 ILCS 220/9-3, in part
24 from 70 ILCS 220/9-4, in part
25 from 70 ILCS 220/9-14, in part
26 from 70 ILCS 220/9-15, in part
27 from 70 ILCS 220/9-25, in part
28 from 70 ILCS 290/2
29 from 70 ILCS 290/3, in part
30 from 70 ILCS 290/4, in part
31 from 70 ILCS 290/5
32 from 70 ILCS 290/6
33 from 70 ILCS 290/9
34 from 70 ILCS 290/11
-1286- LRB9000879DJcd
1 from 70 ILCS 290/12
2 from 70 ILCS 290/14
3 from 70 ILCS 290/15
4 from 70 ILCS 290/16
5 from 70 ILCS 290/17, in part
6 from 70 ILCS 290/18, in part
7 from 70 ILCS 290/19
8 from 70 ILCS 290/20
9 from 70 ILCS 290/22
10 from 70 ILCS 290/26
11 from 70 ILCS 290/28
12 from 70 ILCS 300/1
13 from 70 ILCS 300/5
14 from 70 ILCS 300/10, in part
15 from 70 ILCS 300/15, in part
16 from 70 ILCS 300/20
17 from 70 ILCS 300/25
18 from 70 ILCS 300/35
19 from 70 ILCS 300/50, in part
20 from 70 ILCS 300/55, in part
21 from 70 ILCS 300/60, in part
22 from 70 ILCS 300/100
23 from 70 ILCS 305/1-2
24 from 70 ILCS 305/1-3, in part
25 from 70 ILCS 305/1-4, in part
26 from 70 ILCS 305/1-14, in part
27 from 70 ILCS 305/1-15, in part
28 from 70 ILCS 305/1-16, in part
29 from 70 ILCS 305/1-25, in part
30 from 70 ILCS 220/3-2
31 from 70 ILCS 220/3-3, in part
32 from 70 ILCS 220/3-4, in part
33 from 70 ILCS 220/3-14, in part
34 from 70 ILCS 220/3-15, in part
-1287- LRB9000879DJcd
1 from 70 ILCS 220/3-16, in part
2 from 70 ILCS 220/3-25, in part
3 from 70 ILCS 325/4-1
4 from 70 ILCS 325/4-2, in part
5 from 70 ILCS 325/4-3, in part
6 from 70 ILCS 325/4-5
7 from 70 ILCS 325/4-8
8 from 70 ILCS 325/4-10
9 from 70 ILCS 325/4-12
10 from 70 ILCS 325/4-13
11 from 70 ILCS 325/4-14
12 from 70 ILCS 325/4-15
13 from 70 ILCS 325/4-16
14 from 70 ILCS 325/4-17, in part
15 from 70 ILCS 325/4-18
16 from 70 ILCS 325/4-26
17 from 70 ILCS 325/4-28
18 from 70 ILCS 310/5-2
19 from 70 ILCS 310/5-3, in part
20 from 70 ILCS 310/5-4, in part
21 from 70 ILCS 310/5-11
22 from 70 ILCS 310/5-14, in part
23 from 70 ILCS 310/5-15, in part
24 from 70 ILCS 310/5-25, in part
25 from 70 ILCS 245/2-2
26 from 70 ILCS 245/2-3, in part
27 from 70 ILCS 245/2-4, in part
28 from 70 ILCS 245/2-14, in part
29 from 70 ILCS 245/2-15, in part
30 from 70 ILCS 245/2-16, in part
31 from 70 ILCS 245/2-25, in part
32 from 70 ILCS 205/1
33 from 70 ILCS 205/2, in part
34 from 70 ILCS 205/3, in part
-1288- LRB9000879DJcd
1 from 70 ILCS 205/5
2 from 70 ILCS 205/7
3 from 70 ILCS 205/13
4 from 70 ILCS 205/14
5 from 70 ILCS 205/15, in part
6 from 70 ILCS 205/16, in part
7 from 70 ILCS 205/19
8 from 70 ILCS 205/25
9 from 70 ILCS 205/26, in part
10 from 70 ILCS 220/7-1
11 from 70 ILCS 220/7-2, in part
12 from 70 ILCS 220/7-3, in part
13 from 70 ILCS 220/7-11
14 from 70 ILCS 220/7-12
15 from 70 ILCS 220/7-13, in part
16 from 70 ILCS 220/7-14, in part
17 from 70 ILCS 220/7-25
18 from 70 ILCS 220/2-2
19 from 70 ILCS 220/2-3, in part
20 from 70 ILCS 220/2-4, in part
21 from 70 ILCS 220/2-14, in part
22 from 70 ILCS 220/2-15, in part
23 from 70 ILCS 220/2-16, in part
24 from 70 ILCS 220/2-25, in part
25 from 70 ILCS 220/10-1
26 from 70 ILCS 220/10-2, in part
27 from 70 ILCS 220/10-3, in part
28 from 70 ILCS 220/10-5
29 from 70 ILCS 220/10-10
30 from 70 ILCS 220/10-11
31 from 70 ILCS 220/10-13
32 from 70 ILCS 220/10-14
33 from 70 ILCS 220/10-15, in part
34 from 70 ILCS 220/10-16, in part
-1289- LRB9000879DJcd
1 from 70 ILCS 220/10-28
2 from 70 ILCS 270/4-1
3 from 70 ILCS 270/4-2, in part
4 from 70 ILCS 270/4-3, in part
5 from 70 ILCS 270/4-11
6 from 70 ILCS 270/4-12
7 from 70 ILCS 270/4-13
8 from 70 ILCS 270/4-14
9 from 70 ILCS 270/4-15, in part
10 from 70 ILCS 270/4-16, in part
11 from 70 ILCS 270/4-23
12 from 70 ILCS 270/4-27
13 from 70 ILCS 325/5-2
14 from 70 ILCS 325/5-3, in part
15 from 70 ILCS 325/5-4, in part
16 from 70 ILCS 325/5-14, in part
17 from 70 ILCS 325/5-15, in part
18 from 70 ILCS 325/5-16, in part
19 from 70 ILCS 325/5-26
20 from 70 ILCS 320/2-1
21 from 70 ILCS 320/2-2, in part
22 from 70 ILCS 320/2-3, in part
23 from 70 ILCS 320/2-5
24 from 70 ILCS 320/2-11
25 from 70 ILCS 320/2-13
26 from 70 ILCS 320/2-14
27 from 70 ILCS 320/2-15, in part
28 from 70 ILCS 320/2-16, in part
29 from 70 ILCS 320/2-19
30 from 70 ILCS 320/2-25
31 from 70 ILCS 320/2-26, in part
32 from 70 ILCS 320/2-27
33 from 70 ILCS 315/1
34 from 70 ILCS 315/2, in part
-1290- LRB9000879DJcd
1 from 70 ILCS 315/3, in part
2 from 70 ILCS 315/4
3 from 70 ILCS 315/5
4 from 70 ILCS 315/6
5 from 70 ILCS 315/8
6 from 70 ILCS 315/9
7 from 70 ILCS 315/10
8 from 70 ILCS 315/11
9 from 70 ILCS 315/12
10 from 70 ILCS 315/13
11 from 70 ILCS 315/14
12 from 70 ILCS 315/15
13 from 70 ILCS 315/16
14 from 70 ILCS 315/17
15 from 70 ILCS 315/19
16 from 70 ILCS 315/20
17 from 70 ILCS 315/21
18 from 70 ILCS 315/22
19 from 70 ILCS 315/23
20 from 70 ILCS 325/8-2
21 from 70 ILCS 325/8-3, in part
22 from 70 ILCS 325/8-4, in part
23 from 70 ILCS 325/8-14, in part
24 from 70 ILCS 325/8-15
25 from 70 ILCS 325/8-16
26 70 ILCS 325/8-25, in part
27 from 70 ILCS 320/1-1
28 from 70 ILCS 320/1-2, in part
29 from 70 ILCS 320/1-3, in part
30 from 70 ILCS 320/1-5
31 from 70 ILCS 320/1-11
32 from 70 ILCS 320/1-13
33 from 70 ILCS 320/1-14
34 from 70 ILCS 320/1-15, in part
-1291- LRB9000879DJcd
1 from 70 ILCS 320/1-16
2 from 70 ILCS 320/1-17, in part
3 from 70 ILCS 320/1-19
4 from 70 ILCS 320/1-25
5 from 70 ILCS 320/1-26, in part
6 70 ILCS 280/2-2
7 from 70 ILCS 280/2-3, in part
8 from 70 ILCS 280/2-4, in part
9 from 70 ILCS 280/2-14, in part
10 from 70 ILCS 280/2-15, in part
11 from 70 ILCS 280/2-25, in part
12 from 70 ILCS 325/1-2
13 from 70 ILCS 325/1-3, in part
14 from 70 ILCS 325/1-4, in part
15 from 70 ILCS 325/1-14, in part
16 from 70 ILCS 325/1-15, in part
17 70 ILCS 325/1-16, in part
18 from 70 ILCS 325/1-25, in part
19 from 70 ILCS 330/2
20 from 70 ILCS 330/3, in part
21 from 70 ILCS 330/4, in part
22 from 70 ILCS 330/14, in part
23 from 70 ILCS 330/15
24 from 70 ILCS 330/17
25 from 70 ILCS 330/24, in part
26 from 70 ILCS 325/3-2
27 from 70 ILCS 325/3-3, in part
28 from 70 ILCS 325/3-4, in part
29 from 70 ILCS 325/3-14, in part
30 from 70 ILCS 325/3-15
31 from 70 ILCS 325/3-16
32 from 70 ILCS 325/3-17
33 from 70 ILCS 325/3-25
34 from 70 ILCS 340/1
-1292- LRB9000879DJcd
1 from 70 ILCS 340/2, in part
2 from 70 ILCS 340/3, in part
3 from 70 ILCS 340/5
4 from 70 ILCS 340/9.1
5 from 70 ILCS 340/13
6 from 70 ILCS 340/14
7 from 70 ILCS 340/15, in part
8 from 70 ILCS 340/16, in part
9 from 70 ILCS 340/19
10 from 70 ILCS 340/21
11 from 70 ILCS 340/23a
12 from 70 ILCS 340/24
13 from 70 ILCS 340/25
14 from 70 ILCS 340/26, in part
15 from 70 ILCS 335/2
16 from 70 ILCS 335/3, in part
17 from 70 ILCS 335/4, in part
18 from 70 ILCS 335/14, in part
19 from 70 ILCS 335/15, in part
20 from 70 ILCS 335/16, in part
21 from 70 ILCS 335/25, in part
22 from 70 ILCS 220/8-1
23 from 70 ILCS 220/8-2, in part
24 from 70 ILCS 220/8-3, in part
25 from 70 ILCS 220/8-11
26 from 70 ILCS 220/8-12
27 from 70 ILCS 220/8-13, in part
28 from 70 ILCS 220/8-14, in part
29 from 70 ILCS 220/8-25
30 from 70 ILCS 345/1
31 from 70 ILCS 345/2, in part
32 from 70 ILCS 345/3, in part
33 from 70 ILCS 345/4
34 from 70 ILCS 345/5
-1293- LRB9000879DJcd
1 from 70 ILCS 345/8
2 from 70 ILCS 345/10
3 from 70 ILCS 345/11
4 from 70 ILCS 345/13
5 from 70 ILCS 345/13(a)
6 from 70 ILCS 345/13(b)
7 from 70 ILCS 345/13(c)
8 from 70 ILCS 345/14, in part
9 from 70 ILCS 345/15(a)
10 from 70 ILCS 345/15(b)
11 from 70 ILCS 345/15(c)
12 from 70 ILCS 345/15(d)
13 from 70 ILCS 345/16
14 from 70 ILCS 345/17
15 from 70 ILCS 345/18
16 from 70 ILCS 345/20
17 from 70 ILCS 345/25, in part
18 from 70 ILCS 345/26
19 from 70 ILCS 345/28
20 from 70 ILCS 345/29
21 from 70 ILCS 345/30
22 from 70 ILCS 270/2-2
23 from 70 ILCS 270/2-3, in part
24 from 70 ILCS 270/2-4, in part
25 from 70 ILCS 270/2-16, in part
26 from 70 ILCS 270/2-17, in part
27 from 70 ILCS 270/2-22
28 from 70 ILCS 270/2-27, in part
29 from 70 ILCS 265/1.1
30 from 70 ILCS 265/1
31 from 70 ILCS 265/2, in part
32 from 70 ILCS 265/3, in part
33 from 70 ILCS 265/5
34 from 70 ILCS 265/11
-1294- LRB9000879DJcd
1 from 70 ILCS 265/12
2 from 70 ILCS 265/13
3 from 70 ILCS 265/14
4 from 70 ILCS 265/15, in part
5 from 70 ILCS 265/16, in part
6 from 70 ILCS 265/19, in part
7 from 70 ILCS 325/7-2
8 from 70 ILCS 325/7-3, in part
9 from 70 ILCS 325/7-4, in part
10 from 70 ILCS 325/7-14, in part
11 from 70 ILCS 325/7-15
12 from 70 ILCS 325/7-16
13 from 70 ILCS 325/7-25, in part
14 from 70 ILCS 350/2
15 from 70 ILCS 350/3, in part
16 from 70 ILCS 350/4, in part
17 from 70 ILCS 350/14, in part
18 from 70 ILCS 350/15, in part
19 from 70 ILCS 350/16, in part
20 from 70 ILCS 350/25, in part
21 from 70 ILCS 290/2
22 from 70 ILCS 290/3, in part
23 from 70 ILCS 290/4, in part
24 from 70 ILCS 290/5
25 from 70 ILCS 290/6
26 from 70 ILCS 290/9
27 from 70 ILCS 290/11
28 from 70 ILCS 290/12
29 from 70 ILCS 290/14
30 from 70 ILCS 290/15
31 from 70 ILCS 290/16
32 from 70 ILCS 290/17, in part
33 from 70 ILCS 290/18, in part
34 from 70 ILCS 290/19
-1295- LRB9000879DJcd
1 from 70 ILCS 290/20
2 from 70 ILCS 290/22
3 from 70 ILCS 290/26
4 from 70 ILCS 290/28
5 70 ILCS 205/Act rep.
6 70 ILCS 220/Act rep.
7 70 ILCS 225/Act rep.
8 70 ILCS 230/Act rep.
9 70 ILCS 235/Act rep.
10 70 ILCS 240/Act rep.
11 70 ILCS 245/Act rep.
12 70 ILCS 250/Act rep.
13 70 ILCS 255/Act rep.
14 70 ILCS 260/Act rep.
15 70 ILCS 265/Act rep.
16 70 ILCS 270/Act rep.
17 70 ILCS 275/Act rep.
18 70 ILCS 280/Act rep.
19 70 ILCS 285/Act rep.
20 70 ILCS 290/Act rep.
21 70 ILCS 300/Act rep.
22 70 ILCS 305/Act rep.
23 70 ILCS 310/Act rep.
24 70 ILCS 315/Act rep.
25 70 ILCS 320/Act rep.
26 70 ILCS 325/Act rep.
27 70 ILCS 330/Act rep.
28 70 ILCS 335/Act rep.
29 70 ILCS 340/Act rep.
30 70 ILCS 345/Act rep.
31 70 ILCS 350/Act rep.
32 70 ILCS 220/1-1 from Ch. 85, par. 4501
33 70 ILCS 220/1-2 from Ch. 85, par. 4502
34 70 ILCS 220/1-3 from Ch. 85, par. 4503
-1296- LRB9000879DJcd
1 70 ILCS 220/1-4 from Ch. 85, par. 4504
2 70 ILCS 220/1-5 from Ch. 85, par. 4505
3 70 ILCS 220/1-6 from Ch. 85, par. 4506
4 70 ILCS 220/1-7 from Ch. 85, par. 4507
5 70 ILCS 220/1-8 from Ch. 85, par. 4508
6 70 ILCS 220/1-9 from Ch. 85, par. 4509
7 70 ILCS 220/1-10 from Ch. 85, par. 4510
8 70 ILCS 220/1-11 from Ch. 85, par. 4511
9 70 ILCS 220/1-12 from Ch. 85, par. 4512
10 70 ILCS 220/1-13 from Ch. 85, par. 4513
11 70 ILCS 220/1-14 from Ch. 85, par. 4514
12 70 ILCS 220/1-15 from Ch. 85, par. 4515
13 70 ILCS 220/1-16 from Ch. 85, par. 4516
14 70 ILCS 220/1-17 from Ch. 85, par. 4517
15 70 ILCS 220/1-18 from Ch. 85, par. 4518
16 70 ILCS 220/1-19 from Ch. 85, par. 4519
17 70 ILCS 220/1-20 from Ch. 85, par. 4520
18 70 ILCS 220/1-21 from Ch. 85, par. 4521
19 70 ILCS 220/1-22 from Ch. 85, par. 4522
20 70 ILCS 220/1-23 from Ch. 85, par. 4523
21 70 ILCS 220/1-24 from Ch. 85, par. 4524
22 70 ILCS 220/1-25 from Ch. 85, par. 4525
23 70 ILCS 220/1-26 from Ch. 85, par. 4526
24 70 ILCS 220/1-27 from Ch. 85, par. 4527
25 70 ILCS 220/1-28 from Ch. 85, par. 4528
26 70 ILCS 220/1-29 from Ch. 85, par. 4529
27 70 ILCS 225/1 from Ch. 85, par. 1401
28 70 ILCS 225/2 from Ch. 85, par. 1402
29 70 ILCS 225/3 from Ch. 85, par. 1403
30 70 ILCS 225/4 from Ch. 85, par. 1404
31 70 ILCS 225/5 from Ch. 85, par. 1405
32 70 ILCS 225/6 from Ch. 85, par. 1406
33 70 ILCS 225/6.1 from Ch. 85, par. 1406.1
34 70 ILCS 225/7 from Ch. 85, par. 1407
-1297- LRB9000879DJcd
1 70 ILCS 225/8 from Ch. 85, par. 1408
2 70 ILCS 225/9 from Ch. 85, par. 1409
3 70 ILCS 225/10 from Ch. 85, par. 1410
4 70 ILCS 225/11 from Ch. 85, par. 1411
5 70 ILCS 225/12 from Ch. 85, par. 1412
6 70 ILCS 225/13 from Ch. 85, par. 1413
7 70 ILCS 225/14 from Ch. 85, par. 1414
8 70 ILCS 225/15 from Ch. 85, par. 1415
9 70 ILCS 225/16 from Ch. 85, par. 1416
10 70 ILCS 225/17 from Ch. 85, par. 1417
11 70 ILCS 225/18 from Ch. 85, par. 1418
12 70 ILCS 225/19 from Ch. 85, par. 1419
13 70 ILCS 225/20 from Ch. 85, par. 1420
14 70 ILCS 225/21 from Ch. 85, par. 1421
15 70 ILCS 225/22 from Ch. 85, par. 1422
16 70 ILCS 225/23 from Ch. 85, par. 1423
17 70 ILCS 225/24 from Ch. 85, par. 1424
18 70 ILCS 225/25 from Ch. 85, par. 1425
19 70 ILCS 225/26 from Ch. 85, par. 1426
20 70 ILCS 225/26a from Ch. 85, par. 1426a
21 70 ILCS 225/26b from Ch. 85, par. 1426b
22 70 ILCS 225/26c from Ch. 85, par. 1426c
23 70 ILCS 225/27 from Ch. 85, par. 1427
24 70 ILCS 225/28 from Ch. 85, par. 1428
25 70 ILCS 230/1-1 from Ch. 85, par. 6601
26 70 ILCS 230/1-2 from Ch. 85, par. 6602
27 70 ILCS 230/1-3 from Ch. 85, par. 6603
28 70 ILCS 230/1-4 from Ch. 85, par. 6604
29 70 ILCS 230/1-5 from Ch. 85, par. 6605
30 70 ILCS 230/1-6 from Ch. 85, par. 6606
31 70 ILCS 230/1-7 from Ch. 85, par. 6607
32 70 ILCS 230/1-8 from Ch. 85, par. 6608
33 70 ILCS 230/1-9 from Ch. 85, par. 6609
34 70 ILCS 230/1-10 from Ch. 85, par. 6610
-1298- LRB9000879DJcd
1 70 ILCS 230/1-11 from Ch. 85, par. 6611
2 70 ILCS 230/1-12 from Ch. 85, par. 6612
3 70 ILCS 230/1-13 from Ch. 85, par. 6613
4 70 ILCS 230/1-14 from Ch. 85, par. 6614
5 70 ILCS 230/1-15 from Ch. 85, par. 6615
6 70 ILCS 230/1-16 from Ch. 85, par. 6616
7 70 ILCS 230/1-17 from Ch. 85, par. 6617
8 70 ILCS 230/1-18 from Ch. 85, par. 6618
9 70 ILCS 230/1-19 from Ch. 85, par. 6619
10 70 ILCS 230/1-20 from Ch. 85, par. 6620
11 70 ILCS 230/1-21 from Ch. 85, par. 6621
12 70 ILCS 230/1-22 from Ch. 85, par. 6622
13 70 ILCS 230/1-23 from Ch. 85, par. 6623
14 70 ILCS 230/1-24 from Ch. 85, par. 6624
15 70 ILCS 230/1-25 from Ch. 85, par. 6625
16 70 ILCS 230/1-26 from Ch. 85, par. 6626
17 70 ILCS 230/1-27 from Ch. 85, par. 6627
18 70 ILCS 230/1-28 from Ch. 85, par. 6628
19 70 ILCS 230/1-29 from Ch. 85, par. 6629
20 70 ILCS 230/1-30 from Ch. 85, par. 6630
21 70 ILCS 235/1 from Ch. 85, par. 1581-1
22 70 ILCS 235/2 from Ch. 85, par. 1581-2
23 70 ILCS 235/3 from Ch. 85, par. 1581-3
24 70 ILCS 235/4 from Ch. 85, par. 1581-4
25 70 ILCS 235/5 from Ch. 85, par. 1581-5
26 70 ILCS 235/6 from Ch. 85, par. 1581-6
27 70 ILCS 235/7 from Ch. 85, par. 1581-7
28 70 ILCS 235/7.1 from Ch. 85, par. 1581-7.1
29 70 ILCS 235/8 from Ch. 85, par. 1581-8
30 70 ILCS 235/9 from Ch. 85, par. 1581-9
31 70 ILCS 235/10 from Ch. 85, par. 1581-10
32 70 ILCS 235/11 from Ch. 85, par. 1581-11
33 70 ILCS 235/12 from Ch. 85, par. 1581-12
34 70 ILCS 235/13 from Ch. 85, par. 1581-13
-1299- LRB9000879DJcd
1 70 ILCS 235/14 from Ch. 85, par. 1581-14
2 70 ILCS 235/15 from Ch. 85, par. 1581-15
3 70 ILCS 235/16 from Ch. 85, par. 1581-16
4 70 ILCS 235/17 from Ch. 85, par. 1581-17
5 70 ILCS 235/18 from Ch. 85, par. 1581-18
6 70 ILCS 235/19 from Ch. 85, par. 1581-19
7 70 ILCS 235/20 from Ch. 85, par. 1581-20
8 70 ILCS 235/21 from Ch. 85, par. 1581-21
9 70 ILCS 235/22 from Ch. 85, par. 1581-22
10 70 ILCS 235/23 from Ch. 85, par. 1581-23
11 70 ILCS 235/24 from Ch. 85, par. 1581-24
12 70 ILCS 235/25 from Ch. 85, par. 1581-25
13 70 ILCS 235/26 from Ch. 85, par. 1581-26
14 70 ILCS 235/27 from Ch. 85, par. 1581-27
15 70 ILCS 235/28 from Ch. 85, par. 1581-28
16 70 ILCS 235/29 from Ch. 85, par. 1581-29
17 70 ILCS 235/29a from Ch. 85, par. 1581-29a
18 70 ILCS 235/29b from Ch. 85, par. 1581-29b
19 70 ILCS 235/29c from Ch. 85, par. 1581-29c
20 70 ILCS 235/30 from Ch. 85, par. 1581-30
21 70 ILCS 260/1-1 from Ch. 85, par. 7551-1
22 70 ILCS 260/1-5 from Ch. 85, par. 7551-5
23 70 ILCS 260/1-10 from Ch. 85, par. 7551-10
24 70 ILCS 260/1-15 from Ch. 85, par. 7551-15
25 70 ILCS 260/1-20 from Ch. 85, par. 7551-20
26 70 ILCS 260/1-25 from Ch. 85, par. 7551-25
27 70 ILCS 260/1-30 from Ch. 85, par. 7551-30
28 70 ILCS 260/1-35 from Ch. 85, par. 7551-35
29 70 ILCS 260/1-40 from Ch. 85, par. 7551-40
30 70 ILCS 260/1-45 from Ch. 85, par. 7551-45
31 70 ILCS 260/1-50 from Ch. 85, par. 7551-50
32 70 ILCS 260/1-55 from Ch. 85, par. 7551-55
33 70 ILCS 260/1-60 from Ch. 85, par. 7551-60
34 70 ILCS 260/1-65 from Ch. 85, par. 7551-65
-1300- LRB9000879DJcd
1 70 ILCS 260/1-70 from Ch. 85, par. 7551-70
2 70 ILCS 260/1-75 from Ch. 85, par. 7551-75
3 70 ILCS 260/1-80 from Ch. 85, par. 7551-80
4 70 ILCS 260/1-85 from Ch. 85, par. 7551-85
5 70 ILCS 260/1-90 from Ch. 85, par. 7551-90
6 70 ILCS 260/1-95 from Ch. 85, par. 7551-95
7 70 ILCS 260/1-100 from Ch. 85, par. 7551-100
8 70 ILCS 260/1-105 from Ch. 85, par. 7551-105
9 70 ILCS 260/1-110 from Ch. 85, par. 7551-110
10 70 ILCS 260/1-115 from Ch. 85, par. 7551-115
11 70 ILCS 260/1-120 from Ch. 85, par. 7551-120
12 70 ILCS 260/1-125 from Ch. 85, par. 7551-125
13 70 ILCS 260/1-130 from Ch. 85, par. 7551-130
14 70 ILCS 260/1-135 from Ch. 85, par. 7551-135
15 70 ILCS 260/1-140 from Ch. 85, par. 7551-140
16 70 ILCS 260/1-145 from Ch. 85, par. 7551-145
17 70 ILCS 260/1-150 from Ch. 85, par. 7551-150
18 70 ILCS 305/3-1 from Ch. 85, par. 6351
19 70 ILCS 305/3-2 from Ch. 85, par. 6352
20 70 ILCS 305/3-3 from Ch. 85, par. 6353
21 70 ILCS 305/3-4 from Ch. 85, par. 6354
22 70 ILCS 305/3-5 from Ch. 85, par. 6355
23 70 ILCS 305/3-6 from Ch. 85, par. 6356
24 70 ILCS 305/3-7 from Ch. 85, par. 6357
25 70 ILCS 305/3-8 from Ch. 85, par. 6358
26 70 ILCS 305/3-9 from Ch. 85, par. 6359
27 70 ILCS 305/3-10 from Ch. 85, par. 6360
28 70 ILCS 305/3-11 from Ch. 85, par. 6361
29 70 ILCS 305/3-12 from Ch. 85, par. 6362
30 70 ILCS 305/3-13 from Ch. 85, par. 6363
31 70 ILCS 305/3-14 from Ch. 85, par. 6364
32 70 ILCS 305/3-15 from Ch. 85, par. 6365
33 70 ILCS 305/3-16 from Ch. 85, par. 6366
34 70 ILCS 305/3-17 from Ch. 85, par. 6367
-1301- LRB9000879DJcd
1 70 ILCS 305/3-18 from Ch. 85, par. 6368
2 70 ILCS 305/3-19 from Ch. 85, par. 6369
3 70 ILCS 305/3-20 from Ch. 85, par. 6370
4 70 ILCS 305/3-21 from Ch. 85, par. 6371
5 70 ILCS 305/3-22 from Ch. 85, par. 6372
6 70 ILCS 305/3-23 from Ch. 85, par. 6373
7 70 ILCS 305/3-24 from Ch. 85, par. 6374
8 70 ILCS 305/3-25 from Ch. 85, par. 6375
9 70 ILCS 305/3-26 from Ch. 85, par. 6376
10 70 ILCS 305/3-27 from Ch. 85, par. 6377
11 70 ILCS 305/3-28 from Ch. 85, par. 6378
12 70 ILCS 305/3-29 from Ch. 85, par. 6379
13 70 ILCS 220/5-1 from Ch. 85, par. 4901
14 70 ILCS 220/5-2 from Ch. 85, par. 4902
15 70 ILCS 220/5-3 from Ch. 85, par. 4903
16 70 ILCS 220/5-4 from Ch. 85, par. 4904
17 70 ILCS 220/5-5 from Ch. 85, par. 4905
18 70 ILCS 220/5-6 from Ch. 85, par. 4906
19 70 ILCS 220/5-7 from Ch. 85, par. 4907
20 70 ILCS 220/5-8 from Ch. 85, par. 4908
21 70 ILCS 220/5-9 from Ch. 85, par. 4909
22 70 ILCS 220/5-10 from Ch. 85, par. 4910
23 70 ILCS 220/5-11 from Ch. 85, par. 4911
24 70 ILCS 220/5-12 from Ch. 85, par. 4912
25 70 ILCS 220/5-13 from Ch. 85, par. 4913
26 70 ILCS 220/5-14 from Ch. 85, par. 4914
27 70 ILCS 220/5-15 from Ch. 85, par. 4915
28 70 ILCS 220/5-16 from Ch. 85, par. 4916
29 70 ILCS 220/5-17 from Ch. 85, par. 4917
30 70 ILCS 220/5-18 from Ch. 85, par. 4918
31 70 ILCS 220/5-19 from Ch. 85, par. 4919
32 70 ILCS 220/5-20 from Ch. 85, par. 4920
33 70 ILCS 220/5-21 from Ch. 85, par. 4921
34 70 ILCS 220/5-22 from Ch. 85, par. 4922
-1302- LRB9000879DJcd
1 70 ILCS 220/5-23 from Ch. 85, par. 4923
2 70 ILCS 220/5-24 from Ch. 85, par. 4924
3 70 ILCS 220/5-25 from Ch. 85, par. 4925
4 70 ILCS 220/5-26 from Ch. 85, par. 4926
5 70 ILCS 220/5-27 from Ch. 85, par. 4927
6 70 ILCS 220/5-28 from Ch. 85, par. 4928
7 70 ILCS 220/5-29 from Ch. 85, par. 4929
8 70 ILCS 325/2-1 from Ch. 85, par. 7002-1
9 70 ILCS 325/2-2 from Ch. 85, par. 7002-2
10 70 ILCS 325/2-3 from Ch. 85, par. 7002-3
11 70 ILCS 325/2-4 from Ch. 85, par. 7002-4
12 70 ILCS 325/2-5 from Ch. 85, par. 7002-5
13 70 ILCS 325/2-6 from Ch. 85, par. 7002-6
14 70 ILCS 325/2-7 from Ch. 85, par. 7002-7
15 70 ILCS 325/2-8 from Ch. 85, par. 7002-8
16 70 ILCS 325/2-9 from Ch. 85, par. 7002-9
17 70 ILCS 325/2-10 from Ch. 85, par. 7002-10
18 70 ILCS 325/2-11 from Ch. 85, par. 7002-11
19 70 ILCS 325/2-12 from Ch. 85, par. 7002-12
20 70 ILCS 325/2-13 from Ch. 85, par. 7002-13
21 70 ILCS 325/2-14 from Ch. 85, par. 7002-14
22 70 ILCS 325/2-15 from Ch. 85, par. 7002-15
23 70 ILCS 325/2-16 from Ch. 85, par. 7002-16
24 70 ILCS 325/2-17 from Ch. 85, par. 7002-17
25 70 ILCS 325/2-18 from Ch. 85, par. 7002-18
26 70 ILCS 325/2-19 from Ch. 85, par. 7002-19
27 70 ILCS 325/2-20 from Ch. 85, par. 7002-20
28 70 ILCS 325/2-21 from Ch. 85, par. 7002-21
29 70 ILCS 325/2-22 from Ch. 85, par. 7002-22
30 70 ILCS 325/2-23 from Ch. 85, par. 7002-23
31 70 ILCS 325/2-24 from Ch. 85, par. 7002-24
32 70 ILCS 325/2-25 from Ch. 85, par. 7002-25
33 70 ILCS 325/2-26 from Ch. 85, par. 7002-26
34 70 ILCS 325/2-27 from Ch. 85, par. 7002-27
-1303- LRB9000879DJcd
1 70 ILCS 325/2-28 from Ch. 85, par. 7002-28
2 70 ILCS 325/2-29 from Ch. 85, par. 7002-29
3 70 ILCS 325/2-30 from Ch. 85, par. 7002-30
4 70 ILCS 240/1001 from Ch. 85, par. 7301
5 70 ILCS 240/1002 from Ch. 85, par. 7302
6 70 ILCS 240/1003 from Ch. 85, par. 7303
7 70 ILCS 240/1004 from Ch. 85, par. 7304
8 70 ILCS 240/1005 from Ch. 85, par. 7305
9 70 ILCS 240/1006 from Ch. 85, par. 7306
10 70 ILCS 240/1007 from Ch. 85, par. 7307
11 70 ILCS 240/1008 from Ch. 85, par. 7308
12 70 ILCS 240/1009 from Ch. 85, par. 7309
13 70 ILCS 240/1010 from Ch. 85, par. 7310
14 70 ILCS 240/1011 from Ch. 85, par. 7311
15 70 ILCS 240/1012 from Ch. 85, par. 7312
16 70 ILCS 240/1013 from Ch. 85, par. 7313
17 70 ILCS 240/1014 from Ch. 85, par. 7314
18 70 ILCS 240/1015 from Ch. 85, par. 7315
19 70 ILCS 240/1016 from Ch. 85, par. 7316
20 70 ILCS 240/1017 from Ch. 85, par. 7317
21 70 ILCS 240/1018 from Ch. 85, par. 7318
22 70 ILCS 240/1019 from Ch. 85, par. 7319
23 70 ILCS 240/1020 from Ch. 85, par. 7320
24 70 ILCS 240/1021 from Ch. 85, par. 7321
25 70 ILCS 240/1022 from Ch. 85, par. 7322
26 70 ILCS 240/1023 from Ch. 85, par. 7323
27 70 ILCS 240/1024 from Ch. 85, par. 7324
28 70 ILCS 240/1025 from Ch. 85, par. 7325
29 70 ILCS 240/1026 from Ch. 85, par. 7326
30 70 ILCS 240/1027 from Ch. 85, par. 7327
31 70 ILCS 240/1028 from Ch. 85, par. 7328
32 70 ILCS 240/1029 from Ch. 85, par. 7329
33 70 ILCS 240/1030 from Ch. 85, par. 7330
34 70 ILCS 270/5-1 from Ch. 85, par. 3801
-1304- LRB9000879DJcd
1 70 ILCS 270/5-2 from Ch. 85, par. 3802
2 70 ILCS 270/5-3 from Ch. 85, par. 3803
3 70 ILCS 270/5-4 from Ch. 85, par. 3804
4 70 ILCS 270/5-5 from Ch. 85, par. 3805
5 70 ILCS 270/5-6 from Ch. 85, par. 3806
6 70 ILCS 270/5-6.1 from Ch. 85, par. 3806.1
7 70 ILCS 270/5-7 from Ch. 85, par. 3807
8 70 ILCS 270/5-8 from Ch. 85, par. 3808
9 70 ILCS 270/5-9 from Ch. 85, par. 3809
10 70 ILCS 270/5-10 from Ch. 85, par. 3810
11 70 ILCS 270/5-11 from Ch. 85, par. 3811
12 70 ILCS 270/5-12 from Ch. 85, par. 3812
13 70 ILCS 270/5-13 from Ch. 85, par. 3813
14 70 ILCS 270/5-14 from Ch. 85, par. 3814
15 70 ILCS 270/5-15 from Ch. 85, par. 3815
16 70 ILCS 270/5-16 from Ch. 85, par. 3816
17 70 ILCS 270/5-17 from Ch. 85, par. 3817
18 70 ILCS 270/5-18 from Ch. 85, par. 3818
19 70 ILCS 270/5-19 from Ch. 85, par. 3819
20 70 ILCS 270/5-20 from Ch. 85, par. 3820
21 70 ILCS 270/5-21 from Ch. 85, par. 3821
22 70 ILCS 270/5-22 from Ch. 85, par. 3822
23 70 ILCS 270/5-23 from Ch. 85, par. 3823
24 70 ILCS 270/5-24 from Ch. 85, par. 3824
25 70 ILCS 270/5-25 from Ch. 85, par. 3825
26 70 ILCS 270/5-26 from Ch. 85, par. 3826
27 70 ILCS 270/5-27 from Ch. 85, par. 3827
28 70 ILCS 270/5-28 from Ch. 85, par. 3828
29 70 ILCS 245/1-1 from Ch. 85, par. 6701-1
30 70 ILCS 245/1-2 from Ch. 85, par. 6701-2
31 70 ILCS 245/1-3 from Ch. 85, par. 6701-3
32 70 ILCS 245/1-4 from Ch. 85, par. 6701-4
33 70 ILCS 245/1-5 from Ch. 85, par. 6701-5
34 70 ILCS 245/1-6 from Ch. 85, par. 6701-6
-1305- LRB9000879DJcd
1 70 ILCS 245/1-7 from Ch. 85, par. 6701-7
2 70 ILCS 245/1-8 from Ch. 85, par. 6701-8
3 70 ILCS 245/1-9 from Ch. 85, par. 6701-9
4 70 ILCS 245/1-10 from Ch. 85, par. 6701-10
5 70 ILCS 245/1-11 from Ch. 85, par. 6701-11
6 70 ILCS 245/1-12 from Ch. 85, par. 6701-12
7 70 ILCS 245/1-13 from Ch. 85, par. 6701-13
8 70 ILCS 245/1-13.1 from Ch. 85, par. 6701-13.1
9 70 ILCS 245/1-14 from Ch. 85, par. 6701-14
10 70 ILCS 245/1-15 from Ch. 85, par. 6701-15
11 70 ILCS 245/1-16 from Ch. 85, par. 6701-16
12 70 ILCS 245/1-17 from Ch. 85, par. 6701-17
13 70 ILCS 245/1-18 from Ch. 85, par. 6701-18
14 70 ILCS 245/1-19 from Ch. 85, par. 6701-19
15 70 ILCS 245/1-20 from Ch. 85, par. 6701-20
16 70 ILCS 245/1-21 from Ch. 85, par. 6701-21
17 70 ILCS 245/1-22 from Ch. 85, par. 6701-22
18 70 ILCS 245/1-23 from Ch. 85, par. 6701-23
19 70 ILCS 245/1-24 from Ch. 85, par. 6701-24
20 70 ILCS 245/1-25 from Ch. 85, par. 6701-25
21 70 ILCS 245/1-26 from Ch. 85, par. 6701-26
22 70 ILCS 245/1-27 from Ch. 85, par. 6701-27
23 70 ILCS 245/1-28 from Ch. 85, par. 6701-28
24 70 ILCS 245/1-29 from Ch. 85, par. 6701-29
25 70 ILCS 245/1-30 from Ch. 85, par. 6701-30
26 70 ILCS 250/1 from Ch. 85, par. 3001
27 70 ILCS 250/2 from Ch. 85, par. 3002
28 70 ILCS 250/3 from Ch. 85, par. 3003
29 70 ILCS 250/4 from Ch. 85, par. 3004
30 70 ILCS 250/5 from Ch. 85, par. 3005
31 70 ILCS 250/6 from Ch. 85, par. 3006
32 70 ILCS 250/7 from Ch. 85, par. 3007
33 70 ILCS 250/7.1 from Ch. 85, par. 3007.1
34 70 ILCS 250/8 from Ch. 85, par. 3008
-1306- LRB9000879DJcd
1 70 ILCS 250/9 from Ch. 85, par. 3009
2 70 ILCS 250/10 from Ch. 85, par. 3010
3 70 ILCS 250/11 from Ch. 85, par. 3011
4 70 ILCS 250/12 from Ch. 85, par. 3012
5 70 ILCS 250/13 from Ch. 85, par. 3013
6 70 ILCS 250/13.1 from Ch. 85, par. 3013.1
7 70 ILCS 250/14 from Ch. 85, par. 3014
8 70 ILCS 250/15 from Ch. 85, par. 3015
9 70 ILCS 250/16 from Ch. 85, par. 3016
10 70 ILCS 250/17 from Ch. 85, par. 3017
11 70 ILCS 250/18 from Ch. 85, par. 3018
12 70 ILCS 250/19 from Ch. 85, par. 3019
13 70 ILCS 250/20 from Ch. 85, par. 3020
14 70 ILCS 250/21 from Ch. 85, par. 3021
15 70 ILCS 250/22 from Ch. 85, par. 3022
16 70 ILCS 250/23 from Ch. 85, par. 3023
17 70 ILCS 250/24 from Ch. 85, par. 3024
18 70 ILCS 250/25 from Ch. 85, par. 3025
19 70 ILCS 250/26 from Ch. 85, par. 3026
20 70 ILCS 250/27 from Ch. 85, par. 3027
21 70 ILCS 250/28 from Ch. 85, par. 3028
22 70 ILCS 250/29 from Ch. 85, par. 3029
23 70 ILCS 255/2001 from Ch. 85, par. 7351
24 70 ILCS 255/2002 from Ch. 85, par. 7352
25 70 ILCS 255/2003 from Ch. 85, par. 7353
26 70 ILCS 255/2004 from Ch. 85, par. 7354
27 70 ILCS 255/2005 from Ch. 85, par. 7355
28 70 ILCS 255/2006 from Ch. 85, par. 7356
29 70 ILCS 255/2007 from Ch. 85, par. 7357
30 70 ILCS 255/2008 from Ch. 85, par. 7358
31 70 ILCS 255/2009 from Ch. 85, par. 7359
32 70 ILCS 255/2010 from Ch. 85, par. 7360
33 70 ILCS 255/2011 from Ch. 85, par. 7361
34 70 ILCS 255/2012 from Ch. 85, par. 7362
-1307- LRB9000879DJcd
1 70 ILCS 255/2013 from Ch. 85, par. 7363
2 70 ILCS 255/2014 from Ch. 85, par. 7364
3 70 ILCS 255/2015 from Ch. 85, par. 7365
4 70 ILCS 255/2016 from Ch. 85, par. 7366
5 70 ILCS 255/2017 from Ch. 85, par. 7367
6 70 ILCS 255/2018 from Ch. 85, par. 7368
7 70 ILCS 255/2019 from Ch. 85, par. 7369
8 70 ILCS 255/2020 from Ch. 85, par. 7370
9 70 ILCS 255/2021 from Ch. 85, par. 7371
10 70 ILCS 255/2022 from Ch. 85, par. 7372
11 70 ILCS 255/2023 from Ch. 85, par. 7373
12 70 ILCS 255/2024 from Ch. 85, par. 7374
13 70 ILCS 255/2025 from Ch. 85, par. 7375
14 70 ILCS 255/2026 from Ch. 85, par. 7376
15 70 ILCS 255/2027 from Ch. 85, par. 7377
16 70 ILCS 255/2028 from Ch. 85, par. 7378
17 70 ILCS 255/2029 from Ch. 85, par. 7379
18 70 ILCS 255/2030 from Ch. 85, par. 7380
19 70 ILCS 305/2-1 from Ch. 85, par. 6301
20 70 ILCS 305/2-2 from Ch. 85, par. 6302
21 70 ILCS 305/2-3 from Ch. 85, par. 6303
22 70 ILCS 305/2-4 from Ch. 85, par. 6304
23 70 ILCS 305/2-5 from Ch. 85, par. 6305
24 70 ILCS 305/2-6 from Ch. 85, par. 6306
25 70 ILCS 305/2-7 from Ch. 85, par. 6307
26 70 ILCS 305/2-8 from Ch. 85, par. 6308
27 70 ILCS 305/2-9 from Ch. 85, par. 6309
28 70 ILCS 305/2-10 from Ch. 85, par. 6310
29 70 ILCS 305/2-11 from Ch. 85, par. 6311
30 70 ILCS 305/2-12 from Ch. 85, par. 6312
31 70 ILCS 305/2-13 from Ch. 85, par. 6313
32 70 ILCS 305/2-14 from Ch. 85, par. 6314
33 70 ILCS 305/2-15 from Ch. 85, par. 6315
34 70 ILCS 305/2-16 from Ch. 85, par. 6316
-1308- LRB9000879DJcd
1 70 ILCS 305/2-17 from Ch. 85, par. 6317
2 70 ILCS 305/2-18 from Ch. 85, par. 6318
3 70 ILCS 305/2-19 from Ch. 85, par. 6319
4 70 ILCS 305/2-20 from Ch. 85, par. 6320
5 70 ILCS 305/2-21 from Ch. 85, par. 6321
6 70 ILCS 305/2-22 from Ch. 85, par. 6322
7 70 ILCS 305/2-23 from Ch. 85, par. 6323
8 70 ILCS 305/2-24 from Ch. 85, par. 6324
9 70 ILCS 305/2-25 from Ch. 85, par. 6325
10 70 ILCS 305/2-26 from Ch. 85, par. 6326
11 70 ILCS 305/2-27 from Ch. 85, par. 6327
12 70 ILCS 305/2-28 from Ch. 85, par. 6328
13 70 ILCS 305/2-29 from Ch. 85, par. 6329
14 70 ILCS 305/2-30 from Ch. 85, par. 6330
15 70 ILCS 265/1 from Ch. 85, par. 1551
16 70 ILCS 265/1.1 from Ch. 85, par. 1551.1
17 70 ILCS 265/2 from Ch. 85, par. 1552
18 70 ILCS 265/3 from Ch. 85, par. 1553
19 70 ILCS 265/4 from Ch. 85, par. 1554
20 70 ILCS 265/5 from Ch. 85, par. 1555
21 70 ILCS 265/6 from Ch. 85, par. 1556
22 70 ILCS 265/6.1 from Ch. 85, par. 1556.1
23 70 ILCS 265/7 from Ch. 85, par. 1557
24 70 ILCS 265/8 from Ch. 85, par. 1558
25 70 ILCS 265/9 from Ch. 85, par. 1559
26 70 ILCS 265/10 from Ch. 85, par. 1560
27 70 ILCS 265/11 from Ch. 85, par. 1561
28 70 ILCS 265/12 from Ch. 85, par. 1562
29 70 ILCS 265/13 from Ch. 85, par. 1563
30 70 ILCS 265/14 from Ch. 85, par. 1564
31 70 ILCS 265/15 from Ch. 85, par. 1565
32 70 ILCS 265/16 from Ch. 85, par. 1566
33 70 ILCS 265/17 from Ch. 85, par. 1567
34 70 ILCS 265/18 from Ch. 85, par. 1568
-1309- LRB9000879DJcd
1 70 ILCS 265/19 from Ch. 85, par. 1569
2 70 ILCS 265/20 from Ch. 85, par. 1570
3 70 ILCS 265/21 from Ch. 85, par. 1571
4 70 ILCS 265/22 from Ch. 85, par. 1572
5 70 ILCS 265/23 from Ch. 85, par. 1573
6 70 ILCS 265/24 from Ch. 85, par. 1574
7 70 ILCS 265/25 from Ch. 85, par. 1575
8 70 ILCS 265/26 from Ch. 85, par. 1576
9 70 ILCS 265/26a from Ch. 85, par. 1576a
10 70 ILCS 265/26b from Ch. 85, par. 1576b
11 70 ILCS 265/26c from Ch. 85, par. 1576c
12 70 ILCS 265/27 from Ch. 85, par. 1577
13 70 ILCS 265/28 from Ch. 85, par. 1578
14 70 ILCS 270/1-1 from Ch. 85, par. 3401
15 70 ILCS 270/1-2 from Ch. 85, par. 3402
16 70 ILCS 270/1-3 from Ch. 85, par. 3403
17 70 ILCS 270/1-4 from Ch. 85, par. 3404
18 70 ILCS 270/1-5 from Ch. 85, par. 3405
19 70 ILCS 270/1-6 from Ch. 85, par. 3406
20 70 ILCS 270/1-6.1 from Ch. 85, par. 3406.1
21 70 ILCS 270/1-7 from Ch. 85, par. 3407
22 70 ILCS 270/1-8 from Ch. 85, par. 3408
23 70 ILCS 270/1-9 from Ch. 85, par. 3409
24 70 ILCS 270/1-10 from Ch. 85, par. 3410
25 70 ILCS 270/1-11 from Ch. 85, par. 3411
26 70 ILCS 270/1-12 from Ch. 85, par. 3412
27 70 ILCS 270/1-13 from Ch. 85, par. 3413
28 70 ILCS 270/1-14 from Ch. 85, par. 3414
29 70 ILCS 270/1-15 from Ch. 85, par. 3415
30 70 ILCS 270/1-16 from Ch. 85, par. 3416
31 70 ILCS 270/1-17 from Ch. 85, par. 3417
32 70 ILCS 270/1-18 from Ch. 85, par. 3418
33 70 ILCS 270/1-19 from Ch. 85, par. 3419
34 70 ILCS 270/1-20 from Ch. 85, par. 3420
-1310- LRB9000879DJcd
1 70 ILCS 270/1-21 from Ch. 85, par. 3421
2 70 ILCS 270/1-22 from Ch. 85, par. 3422
3 70 ILCS 270/1-23 from Ch. 85, par. 3423
4 70 ILCS 270/1-24 from Ch. 85, par. 3424
5 70 ILCS 270/1-25 from Ch. 85, par. 3425
6 70 ILCS 270/1-26 from Ch. 85, par. 3426
7 70 ILCS 270/1-27 from Ch. 85, par. 3427
8 70 ILCS 270/1-28 from Ch. 85, par. 3428
9 70 ILCS 270/1-29 from Ch. 85, par. 3429
10 70 ILCS 270/1-30 from Ch. 85, par. 3430
11 70 ILCS 270/3-1 from Ch. 85, par. 3601
12 70 ILCS 270/3-2 from Ch. 85, par. 3602
13 70 ILCS 270/3-3 from Ch. 85, par. 3603
14 70 ILCS 270/3-4 from Ch. 85, par. 3604
15 70 ILCS 270/3-5 from Ch. 85, par. 3605
16 70 ILCS 270/3-6 from Ch. 85, par. 3606
17 70 ILCS 270/3-7 from Ch. 85, par. 3607
18 70 ILCS 270/3-7.1 from Ch. 85, par. 3607.1
19 70 ILCS 270/3-8 from Ch. 85, par. 3608
20 70 ILCS 270/3-9 from Ch. 85, par. 3609
21 70 ILCS 270/3-10 from Ch. 85, par. 3610
22 70 ILCS 270/3-11 from Ch. 85, par. 3611
23 70 ILCS 270/3-12 from Ch. 85, par. 3612
24 70 ILCS 270/3-13 from Ch. 85, par. 3613
25 70 ILCS 270/3-14 from Ch. 85, par. 3614
26 70 ILCS 270/3-15 from Ch. 85, par. 3615
27 70 ILCS 270/3-16 from Ch. 85, par. 3616
28 70 ILCS 270/3-17 from Ch. 85, par. 3617
29 70 ILCS 270/3-18 from Ch. 85, par. 3618
30 70 ILCS 270/3-19 from Ch. 85, par. 3619
31 70 ILCS 270/3-20 from Ch. 85, par. 3620
32 70 ILCS 270/3-21 from Ch. 85, par. 3621
33 70 ILCS 270/3-22 from Ch. 85, par. 3622
34 70 ILCS 270/3-23 from Ch. 85, par. 3623
-1311- LRB9000879DJcd
1 70 ILCS 270/3-24 from Ch. 85, par. 3624
2 70 ILCS 270/3-25 from Ch. 85, par. 3625
3 70 ILCS 270/3-26 from Ch. 85, par. 3626
4 70 ILCS 270/3-27 from Ch. 85, par. 3627
5 70 ILCS 270/3-28 from Ch. 85, par. 3628
6 70 ILCS 270/3-29 from Ch. 85, par. 3629
7 70 ILCS 270/3-30 from Ch. 85, par. 3630
8 70 ILCS 270/3-31 from Ch. 85, par. 3631
9 70 ILCS 275/3001 from Ch. 85, par. 7401
10 70 ILCS 275/3002 from Ch. 85, par. 7402
11 70 ILCS 275/3003 from Ch. 85, par. 7403
12 70 ILCS 275/3004 from Ch. 85, par. 7404
13 70 ILCS 275/3005 from Ch. 85, par. 7405
14 70 ILCS 275/3006 from Ch. 85, par. 7406
15 70 ILCS 275/3007 from Ch. 85, par. 7407
16 70 ILCS 275/3008 from Ch. 85, par. 7408
17 70 ILCS 275/3009 from Ch. 85, par. 7409
18 70 ILCS 275/3010 from Ch. 85, par. 7410
19 70 ILCS 275/3011 from Ch. 85, par. 7411
20 70 ILCS 275/3012 from Ch. 85, par. 7412
21 70 ILCS 275/3013 from Ch. 85, par. 7413
22 70 ILCS 275/3014 from Ch. 85, par. 7414
23 70 ILCS 275/3015 from Ch. 85, par. 7415
24 70 ILCS 275/3016 from Ch. 85, par. 7416
25 70 ILCS 275/3017 from Ch. 85, par. 7417
26 70 ILCS 275/3018 from Ch. 85, par. 7418
27 70 ILCS 275/3019 from Ch. 85, par. 7419
28 70 ILCS 275/3020 from Ch. 85, par. 7420
29 70 ILCS 275/3021 from Ch. 85, par. 7421
30 70 ILCS 275/3022 from Ch. 85, par. 7422
31 70 ILCS 275/3023 from Ch. 85, par. 7423
32 70 ILCS 275/3024 from Ch. 85, par. 7424
33 70 ILCS 275/3025 from Ch. 85, par. 7425
34 70 ILCS 275/3026 from Ch. 85, par. 7426
-1312- LRB9000879DJcd
1 70 ILCS 275/3027 from Ch. 85, par. 7427
2 70 ILCS 275/3028 from Ch. 85, par. 7428
3 70 ILCS 275/3029 from Ch. 85, par. 7429
4 70 ILCS 275/3030 from Ch. 85, par. 7430
5 70 ILCS 280/1-1 from Ch. 85, par. 2701
6 70 ILCS 280/1-2 from Ch. 85, par. 2702
7 70 ILCS 280/1-3 from Ch. 85, par. 2703
8 70 ILCS 280/1-4 from Ch. 85, par. 2704
9 70 ILCS 280/1-5 from Ch. 85, par. 2705
10 70 ILCS 280/1-6 from Ch. 85, par. 2706
11 70 ILCS 280/1-7 from Ch. 85, par. 2707
12 70 ILCS 280/1-7.1 from Ch. 85, par. 2707.1
13 70 ILCS 280/1-8 from Ch. 85, par. 2708
14 70 ILCS 280/1-9 from Ch. 85, par. 2709
15 70 ILCS 280/1-10 from Ch. 85, par. 2710
16 70 ILCS 280/1-11 from Ch. 85, par. 2711
17 70 ILCS 280/1-12 from Ch. 85, par. 2712
18 70 ILCS 280/1-13 from Ch. 85, par. 2713
19 70 ILCS 280/1-14 from Ch. 85, par. 2714
20 70 ILCS 280/1-15 from Ch. 85, par. 2715
21 70 ILCS 280/1-16 from Ch. 85, par. 2716
22 70 ILCS 280/1-17 from Ch. 85, par. 2717
23 70 ILCS 280/1-18 from Ch. 85, par. 2718
24 70 ILCS 280/1-19 from Ch. 85, par. 2719
25 70 ILCS 280/1-20 from Ch. 85, par. 2720
26 70 ILCS 280/1-21 from Ch. 85, par. 2721
27 70 ILCS 280/1-22 from Ch. 85, par. 2722
28 70 ILCS 280/1-23 from Ch. 85, par. 2723
29 70 ILCS 280/1-24 from Ch. 85, par. 2724
30 70 ILCS 280/1-25 from Ch. 85, par. 2725
31 70 ILCS 280/1-26 from Ch. 85, par. 2726
32 70 ILCS 280/1-27 from Ch. 85, par. 2727
33 70 ILCS 280/1-28 from Ch. 85, par. 2728
34 70 ILCS 280/1-29 from Ch. 85, par. 2729
-1313- LRB9000879DJcd
1 70 ILCS 270/6-1 from Ch. 85, par. 3901
2 70 ILCS 270/6-2 from Ch. 85, par. 3902
3 70 ILCS 270/6-3 from Ch. 85, par. 3903
4 70 ILCS 270/6-4 from Ch. 85, par. 3904
5 70 ILCS 270/6-5 from Ch. 85, par. 3905
6 70 ILCS 270/6-6 from Ch. 85, par. 3906
7 70 ILCS 270/6-6.1 from Ch. 85, par. 3906.1
8 70 ILCS 270/6-7 from Ch. 85, par. 3907
9 70 ILCS 270/6-8 from Ch. 85, par. 3908
10 70 ILCS 270/6-9 from Ch. 85, par. 3909
11 70 ILCS 270/6-10 from Ch. 85, par. 3910
12 70 ILCS 270/6-11 from Ch. 85, par. 3911
13 70 ILCS 270/6-12 from Ch. 85, par. 3912
14 70 ILCS 270/6-13 from Ch. 85, par. 3913
15 70 ILCS 270/6-14 from Ch. 85, par. 3914
16 70 ILCS 270/6-15 from Ch. 85, par. 3915
17 70 ILCS 270/6-16 from Ch. 85, par. 3916
18 70 ILCS 270/6-17 from Ch. 85, par. 3917
19 70 ILCS 270/6-18 from Ch. 85, par. 3918
20 70 ILCS 270/6-19 from Ch. 85, par. 3919
21 70 ILCS 270/6-20 from Ch. 85, par. 3920
22 70 ILCS 270/6-21 from Ch. 85, par. 3921
23 70 ILCS 270/6-22 from Ch. 85, par. 3922
24 70 ILCS 270/6-23 from Ch. 85, par. 3923
25 70 ILCS 270/6-24 from Ch. 85, par. 3924
26 70 ILCS 270/6-25 from Ch. 85, par. 3925
27 70 ILCS 270/6-26 from Ch. 85, par. 3926
28 70 ILCS 270/6-27 from Ch. 85, par. 3927
29 70 ILCS 270/6-28 from Ch. 85, par. 3928
30 70 ILCS 270/6-29 from Ch. 85, par. 3929
31 70 ILCS 270/6-30 from Ch. 85, par. 3930
32 70 ILCS 285/1 from Ch. 85, par. 2601
33 70 ILCS 285/2 from Ch. 85, par. 2602
34 70 ILCS 285/3 from Ch. 85, par. 2603
-1314- LRB9000879DJcd
1 70 ILCS 285/4 from Ch. 85, par. 2604
2 70 ILCS 285/5 from Ch. 85, par. 2605
3 70 ILCS 285/6 from Ch. 85, par. 2606
4 70 ILCS 285/6.1 from Ch. 85, par. 2606.1
5 70 ILCS 285/7 from Ch. 85, par. 2607
6 70 ILCS 285/8 from Ch. 85, par. 2608
7 70 ILCS 285/9 from Ch. 85, par. 2609
8 70 ILCS 285/10 from Ch. 85, par. 2610
9 70 ILCS 285/11 from Ch. 85, par. 2611
10 70 ILCS 285/12 from Ch. 85, par. 2612
11 70 ILCS 285/13 from Ch. 85, par. 2613
12 70 ILCS 285/14 from Ch. 85, par. 2614
13 70 ILCS 285/15 from Ch. 85, par. 2615
14 70 ILCS 285/16 from Ch. 85, par. 2616
15 70 ILCS 285/17 from Ch. 85, par. 2617
16 70 ILCS 285/18 from Ch. 85, par. 2618
17 70 ILCS 285/19 from Ch. 85, par. 2619
18 70 ILCS 285/20 from Ch. 85, par. 2620
19 70 ILCS 285/21 from Ch. 85, par. 2621
20 70 ILCS 285/22 from Ch. 85, par. 2622
21 70 ILCS 285/23 from Ch. 85, par. 2623
22 70 ILCS 285/24 from Ch. 85, par. 2624
23 70 ILCS 285/25 from Ch. 85, par. 2625
24 70 ILCS 285/25.1 from Ch. 85, par. 2625.1
25 70 ILCS 285/25.2 from Ch. 85, par. 2625.2
26 70 ILCS 285/26 from Ch. 85, par. 2626
27 70 ILCS 325/6-1 from Ch. 85, par. 7006-1
28 70 ILCS 325/6-2 from Ch. 85, par. 7006-2
29 70 ILCS 325/6-3 from Ch. 85, par. 7006-3
30 70 ILCS 325/6-4 from Ch. 85, par. 7006-4
31 70 ILCS 325/6-5 from Ch. 85, par. 7006-5
32 70 ILCS 325/6-6 from Ch. 85, par. 7006-6
33 70 ILCS 325/6-7 from Ch. 85, par. 7006-7
34 70 ILCS 325/6-8 from Ch. 85, par. 7006-8
-1315- LRB9000879DJcd
1 70 ILCS 325/6-9 from Ch. 85, par. 7006-9
2 70 ILCS 325/6-10 from Ch. 85, par. 7006-10
3 70 ILCS 325/6-11 from Ch. 85, par. 7006-11
4 70 ILCS 325/6-12 from Ch. 85, par. 7006-12
5 70 ILCS 325/6-13 from Ch. 85, par. 7006-13
6 70 ILCS 325/6-14 from Ch. 85, par. 7006-14
7 70 ILCS 325/6-15 from Ch. 85, par. 7006-15
8 70 ILCS 325/6-16 from Ch. 85, par. 7006-16
9 70 ILCS 325/6-17 from Ch. 85, par. 7006-17
10 70 ILCS 325/6-18 from Ch. 85, par. 7006-18
11 70 ILCS 325/6-19 from Ch. 85, par. 7006-19
12 70 ILCS 325/6-20 from Ch. 85, par. 7006-20
13 70 ILCS 325/6-21 from Ch. 85, par. 7006-21
14 70 ILCS 325/6-22 from Ch. 85, par. 7006-22
15 70 ILCS 325/6-23 from Ch. 85, par. 7006-23
16 70 ILCS 325/6-24 from Ch. 85, par. 7006-24
17 70 ILCS 325/6-25 from Ch. 85, par. 7006-25
18 70 ILCS 325/6-26 from Ch. 85, par. 7006-26
19 70 ILCS 325/6-27 from Ch. 85, par. 7006-27
20 70 ILCS 325/6-28 from Ch. 85, par. 7006-28
21 70 ILCS 325/6-29 from Ch. 85, par. 7006-29
22 70 ILCS 325/6-30 from Ch. 85, par. 7006-30
23 70 ILCS 220/4-1 from Ch. 85, par. 4801
24 70 ILCS 220/4-2 from Ch. 85, par. 4802
25 70 ILCS 220/4-3 from Ch. 85, par. 4803
26 70 ILCS 220/4-4 from Ch. 85, par. 4804
27 70 ILCS 220/4-5 from Ch. 85, par. 4805
28 70 ILCS 220/4-6 from Ch. 85, par. 4806
29 70 ILCS 220/4-7 from Ch. 85, par. 4807
30 70 ILCS 220/4-8 from Ch. 85, par. 4808
31 70 ILCS 220/4-9 from Ch. 85, par. 4809
32 70 ILCS 220/4-10 from Ch. 85, par. 4810
33 70 ILCS 220/4-11 from Ch. 85, par. 4811
34 70 ILCS 220/4-12 from Ch. 85, par. 4812
-1316- LRB9000879DJcd
1 70 ILCS 220/4-13 from Ch. 85, par. 4813
2 70 ILCS 220/4-14 from Ch. 85, par. 4814
3 70 ILCS 220/4-15 from Ch. 85, par. 4815
4 70 ILCS 220/4-16 from Ch. 85, par. 4816
5 70 ILCS 220/4-17 from Ch. 85, par. 4817
6 70 ILCS 220/4-18 from Ch. 85, par. 4818
7 70 ILCS 220/4-19 from Ch. 85, par. 4819
8 70 ILCS 220/4-20 from Ch. 85, par. 4820
9 70 ILCS 220/4-21 from Ch. 85, par. 4821
10 70 ILCS 220/4-22 from Ch. 85, par. 4822
11 70 ILCS 220/4-23 from Ch. 85, par. 4823
12 70 ILCS 220/4-24 from Ch. 85, par. 4824
13 70 ILCS 220/4-25 from Ch. 85, par. 4825
14 70 ILCS 220/4-26 from Ch. 85, par. 4826
15 70 ILCS 220/4-27 from Ch. 85, par. 4827
16 70 ILCS 220/4-28 from Ch. 85, par. 4828
17 70 ILCS 220/4-29 from Ch. 85, par. 4829
18 70 ILCS 280/1-1 from Ch. 85, par. 2701
19 70 ILCS 280/1-2 from Ch. 85, par. 2702
20 70 ILCS 280/1-3 from Ch. 85, par. 2703
21 70 ILCS 280/1-4 from Ch. 85, par. 2704
22 70 ILCS 280/1-5 from Ch. 85, par. 2705
23 70 ILCS 280/1-6 from Ch. 85, par. 2706
24 70 ILCS 280/1-7 from Ch. 85, par. 2707
25 70 ILCS 280/1-7.1 from Ch. 85, par. 2707.1
26 70 ILCS 280/1-8 from Ch. 85, par. 2708
27 70 ILCS 280/1-9 from Ch. 85, par. 2709
28 70 ILCS 280/1-10 from Ch. 85, par. 2710
29 70 ILCS 280/1-11 from Ch. 85, par. 2711
30 70 ILCS 280/1-12 from Ch. 85, par. 2712
31 70 ILCS 280/1-13 from Ch. 85, par. 2713
32 70 ILCS 280/1-14 from Ch. 85, par. 2714
33 70 ILCS 280/1-15 from Ch. 85, par. 2715
34 70 ILCS 280/1-16 from Ch. 85, par. 2716
-1317- LRB9000879DJcd
1 70 ILCS 280/1-17 from Ch. 85, par. 2717
2 70 ILCS 280/1-18 from Ch. 85, par. 2718
3 70 ILCS 280/1-19 from Ch. 85, par. 2719
4 70 ILCS 280/1-20 from Ch. 85, par. 2720
5 70 ILCS 280/1-21 from Ch. 85, par. 2721
6 70 ILCS 280/1-22 from Ch. 85, par. 2722
7 70 ILCS 280/1-23 from Ch. 85, par. 2723
8 70 ILCS 280/1-24 from Ch. 85, par. 2724
9 70 ILCS 280/1-25 from Ch. 85, par. 2725
10 70 ILCS 280/1-26 from Ch. 85, par. 2726
11 70 ILCS 280/1-27 from Ch. 85, par. 2727
12 70 ILCS 280/1-28 from Ch. 85, par. 2728
13 70 ILCS 280/1-29 from Ch. 85, par. 2729
14 70 ILCS 220/6-1 from Ch. 85, par. 5001
15 70 ILCS 220/6-2 from Ch. 85, par. 5002
16 70 ILCS 220/6-3 from Ch. 85, par. 5003
17 70 ILCS 220/6-4 from Ch. 85, par. 5004
18 70 ILCS 220/6-5 from Ch. 85, par. 5005
19 70 ILCS 220/6-6 from Ch. 85, par. 5006
20 70 ILCS 220/6-7 from Ch. 85, par. 5007
21 70 ILCS 220/6-8 from Ch. 85, par. 5008
22 70 ILCS 220/6-9 from Ch. 85, par. 5009
23 70 ILCS 220/6-10 from Ch. 85, par. 5010
24 70 ILCS 220/6-11 from Ch. 85, par. 5011
25 70 ILCS 220/6-12 from Ch. 85, par. 5012
26 70 ILCS 220/6-13 from Ch. 85, par. 5013
27 70 ILCS 220/6-14 from Ch. 85, par. 5014
28 70 ILCS 220/6-15 from Ch. 85, par. 5015
29 70 ILCS 220/6-16 from Ch. 85, par. 5016
30 70 ILCS 220/6-17 from Ch. 85, par. 5017
31 70 ILCS 220/6-18 from Ch. 85, par. 5018
32 70 ILCS 220/6-19 from Ch. 85, par. 5019
33 70 ILCS 220/6-20 from Ch. 85, par. 5020
34 70 ILCS 220/6-21 from Ch. 85, par. 5021
-1318- LRB9000879DJcd
1 70 ILCS 220/6-22 from Ch. 85, par. 5022
2 70 ILCS 220/6-23 from Ch. 85, par. 5023
3 70 ILCS 220/6-24 from Ch. 85, par. 5024
4 70 ILCS 220/6-25 from Ch. 85, par. 5025
5 70 ILCS 220/6-26 from Ch. 85, par. 5026
6 70 ILCS 220/6-27 from Ch. 85, par. 5027
7 70 ILCS 220/6-28 from Ch. 85, par. 5028
8 70 ILCS 220/6-29 from Ch. 85, par. 5029
9 70 ILCS 220/6-30 from Ch. 85, par. 5030
10 70 ILCS 220/9-1 from Ch. 85, par. 5301
11 70 ILCS 220/9-2 from Ch. 85, par. 5302
12 70 ILCS 220/9-3 from Ch. 85, par. 5303
13 70 ILCS 220/9-4 from Ch. 85, par. 5304
14 70 ILCS 220/9-5 from Ch. 85, par. 5305
15 70 ILCS 220/9-6 from Ch. 85, par. 5306
16 70 ILCS 220/9-7 from Ch. 85, par. 5307
17 70 ILCS 220/9-8 from Ch. 85, par. 5308
18 70 ILCS 220/9-9 from Ch. 85, par. 5309
19 70 ILCS 220/9-10 from Ch. 85, par. 5310
20 70 ILCS 220/9-11 from Ch. 85, par. 5311
21 70 ILCS 220/9-12 from Ch. 85, par. 5312
22 70 ILCS 220/9-13 from Ch. 85, par. 5313
23 70 ILCS 220/9-14 from Ch. 85, par. 5314
24 70 ILCS 220/9-15 from Ch. 85, par. 5315
25 70 ILCS 220/9-16 from Ch. 85, par. 5316
26 70 ILCS 220/9-17 from Ch. 85, par. 5317
27 70 ILCS 220/9-18 from Ch. 85, par. 5318
28 70 ILCS 220/9-19 from Ch. 85, par. 5319
29 70 ILCS 220/9-20 from Ch. 85, par. 5320
30 70 ILCS 220/9-21 from Ch. 85, par. 5321
31 70 ILCS 220/9-22 from Ch. 85, par. 5322
32 70 ILCS 220/9-23 from Ch. 85, par. 5323
33 70 ILCS 220/9-24 from Ch. 85, par. 5324
34 70 ILCS 220/9-25 from Ch. 85, par. 5325
-1319- LRB9000879DJcd
1 70 ILCS 220/9-26 from Ch. 85, par. 5326
2 70 ILCS 220/9-27 from Ch. 85, par. 5327
3 70 ILCS 220/9-28 from Ch. 85, par. 5328
4 70 ILCS 220/9-29 from Ch. 85, par. 5329
5 70 ILCS 290/1 from Ch. 85, par. 1580-1
6 70 ILCS 290/2 from Ch. 85, par. 1580-2
7 70 ILCS 290/3 from Ch. 85, par. 1580-3
8 70 ILCS 290/4 from Ch. 85, par. 1580-4
9 70 ILCS 290/5 from Ch. 85, par. 1580-5
10 70 ILCS 290/6 from Ch. 85, par. 1580-6
11 70 ILCS 290/7 from Ch. 85, par. 1580-7
12 70 ILCS 290/7.1 from Ch. 85, par. 1580-7.1
13 70 ILCS 290/8 from Ch. 85, par. 1580-8
14 70 ILCS 290/9 from Ch. 85, par. 1580-9
15 70 ILCS 290/10 from Ch. 85, par. 1580-10
16 70 ILCS 290/11 from Ch. 85, par. 1580-11
17 70 ILCS 290/12 from Ch. 85, par. 1580-12
18 70 ILCS 290/13 from Ch. 85, par. 1580-13
19 70 ILCS 290/14 from Ch. 85, par. 1580-14
20 70 ILCS 290/15 from Ch. 85, par. 1580-15
21 70 ILCS 290/16 from Ch. 85, par. 1580-16
22 70 ILCS 290/17 from Ch. 85, par. 1580-17
23 70 ILCS 290/18 from Ch. 85, par. 1580-18
24 70 ILCS 290/19 from Ch. 85, par. 1580-19
25 70 ILCS 290/20 from Ch. 85, par. 1580-20
26 70 ILCS 290/21 from Ch. 85, par. 1580-21
27 70 ILCS 290/22 from Ch. 85, par. 1580-22
28 70 ILCS 290/23 from Ch. 85, par. 1580-23
29 70 ILCS 290/24 from Ch. 85, par. 1580-24
30 70 ILCS 290/25 from Ch. 85, par. 1580-25
31 70 ILCS 290/26 from Ch. 85, par. 1580-26
32 70 ILCS 290/27 from Ch. 85, par. 1580-27
33 70 ILCS 290/27a from Ch. 85, par. 1580-27a
34 70 ILCS 290/27b from Ch. 85, par. 1580-27b
-1320- LRB9000879DJcd
1 70 ILCS 290/27c from Ch. 85, par. 1580-27c
2 70 ILCS 290/28 from Ch. 85, par. 1580-28
3 70 ILCS 300/1 from Ch. 85, par. 7701-1
4 70 ILCS 300/5 from Ch. 85, par. 7701-5
5 70 ILCS 300/10 from Ch. 85, par. 7701-10
6 70 ILCS 300/15 from Ch. 85, par. 7701-15
7 70 ILCS 300/20 from Ch. 85, par. 7701-20
8 70 ILCS 300/25 from Ch. 85, par. 7701-25
9 70 ILCS 300/30 from Ch. 85, par. 7701-30
10 70 ILCS 300/35 from Ch. 85, par. 7701-35
11 70 ILCS 300/40 from Ch. 85, par. 7701-40
12 70 ILCS 300/45 from Ch. 85, par. 7701-45
13 70 ILCS 300/50 from Ch. 85, par. 7701-50
14 70 ILCS 300/55 from Ch. 85, par. 7701-55
15 70 ILCS 300/60 from Ch. 85, par. 7701-60
16 70 ILCS 300/65 from Ch. 85, par. 7701-65
17 70 ILCS 300/70 from Ch. 85, par. 7701-70
18 70 ILCS 300/75 from Ch. 85, par. 7701-75
19 70 ILCS 300/80 from Ch. 85, par. 7701-80
20 70 ILCS 300/85 from Ch. 85, par. 7701-85
21 70 ILCS 300/90 from Ch. 85, par. 7701-90
22 70 ILCS 300/95 from Ch. 85, par. 7701-95
23 70 ILCS 300/100 from Ch. 85, par. 7701-100
24 70 ILCS 300/105 from Ch. 85, par. 7701-105
25 70 ILCS 300/110 from Ch. 85, par. 7701-110
26 70 ILCS 300/115 from Ch. 85, par. 7701-115
27 70 ILCS 300/120 from Ch. 85, par. 7701-120
28 70 ILCS 300/125 from Ch. 85, par. 7701-125
29 70 ILCS 305/1-1 from Ch. 85, par. 6251
30 70 ILCS 305/1-2 from Ch. 85, par. 6252
31 70 ILCS 305/1-3 from Ch. 85, par. 6253
32 70 ILCS 305/1-4 from Ch. 85, par. 6254
33 70 ILCS 305/1-5 from Ch. 85, par. 6255
34 70 ILCS 305/1-6 from Ch. 85, par. 6256
-1321- LRB9000879DJcd
1 70 ILCS 305/1-7 from Ch. 85, par. 6257
2 70 ILCS 305/1-8 from Ch. 85, par. 6258
3 70 ILCS 305/1-9 from Ch. 85, par. 6259
4 70 ILCS 305/1-10 from Ch. 85, par. 6260
5 70 ILCS 305/1-11 from Ch. 85, par. 6261
6 70 ILCS 305/1-12 from Ch. 85, par. 6262
7 70 ILCS 305/1-13 from Ch. 85, par. 6263
8 70 ILCS 305/1-14 from Ch. 85, par. 6264
9 70 ILCS 305/1-15 from Ch. 85, par. 6265
10 70 ILCS 305/1-16 from Ch. 85, par. 6266
11 70 ILCS 305/1-17 from Ch. 85, par. 6267
12 70 ILCS 305/1-18 from Ch. 85, par. 6268
13 70 ILCS 305/1-19 from Ch. 85, par. 6269
14 70 ILCS 305/1-20 from Ch. 85, par. 6270
15 70 ILCS 305/1-21 from Ch. 85, par. 6271
16 70 ILCS 305/1-22 from Ch. 85, par. 6272
17 70 ILCS 305/1-23 from Ch. 85, par. 6273
18 70 ILCS 305/1-24 from Ch. 85, par. 6274
19 70 ILCS 305/1-25 from Ch. 85, par. 6275
20 70 ILCS 305/1-26 from Ch. 85, par. 6276
21 70 ILCS 305/1-27 from Ch. 85, par. 6277
22 70 ILCS 305/1-28 from Ch. 85, par. 6278
23 70 ILCS 305/1-29 from Ch. 85, par. 6279
24 70 ILCS 305/1-30 from Ch. 85, par. 6280
25 70 ILCS 220/3-1 from Ch. 85, par. 4701
26 70 ILCS 220/3-2 from Ch. 85, par. 4702
27 70 ILCS 220/3-3 from Ch. 85, par. 4703
28 70 ILCS 220/3-4 from Ch. 85, par. 4704
29 70 ILCS 220/3-5 from Ch. 85, par. 4705
30 70 ILCS 220/3-6 from Ch. 85, par. 4706
31 70 ILCS 220/3-7 from Ch. 85, par. 4707
32 70 ILCS 220/3-8 from Ch. 85, par. 4708
33 70 ILCS 220/3-9 from Ch. 85, par. 4709
34 70 ILCS 220/3-10 from Ch. 85, par. 4710
-1322- LRB9000879DJcd
1 70 ILCS 220/3-11 from Ch. 85, par. 4711
2 70 ILCS 220/3-12 from Ch. 85, par. 4712
3 70 ILCS 220/3-13 from Ch. 85, par. 4713
4 70 ILCS 220/3-14 from Ch. 85, par. 4714
5 70 ILCS 220/3-15 from Ch. 85, par. 4715
6 70 ILCS 220/3-16 from Ch. 85, par. 4716
7 70 ILCS 220/3-17 from Ch. 85, par. 4717
8 70 ILCS 220/3-18 from Ch. 85, par. 4718
9 70 ILCS 220/3-19 from Ch. 85, par. 4719
10 70 ILCS 220/3-20 from Ch. 85, par. 4720
11 70 ILCS 220/3-21 from Ch. 85, par. 4721
12 70 ILCS 220/3-22 from Ch. 85, par. 4722
13 70 ILCS 220/3-23 from Ch. 85, par. 4723
14 70 ILCS 220/3-24 from Ch. 85, par. 4724
15 70 ILCS 220/3-25 from Ch. 85, par. 4725
16 70 ILCS 220/3-26 from Ch. 85, par. 4726
17 70 ILCS 220/3-27 from Ch. 85, par. 4727
18 70 ILCS 220/3-28 from Ch. 85, par. 4728
19 70 ILCS 220/3-29 from Ch. 85, par. 4729
20 70 ILCS 325/4-1 from Ch. 85, par. 7004-1
21 70 ILCS 325/4-2 from Ch. 85, par. 7004-2
22 70 ILCS 325/4-3 from Ch. 85, par. 7004-3
23 70 ILCS 325/4-4 from Ch. 85, par. 7004-4
24 70 ILCS 325/4-5 from Ch. 85, par. 7004-5
25 70 ILCS 325/4-6 from Ch. 85, par. 7004-6
26 70 ILCS 325/4-7 from Ch. 85, par. 7004-7
27 70 ILCS 325/4-8 from Ch. 85, par. 7004-8
28 70 ILCS 325/4-9 from Ch. 85, par. 7004-9
29 70 ILCS 325/4-10 from Ch. 85, par. 7004-10
30 70 ILCS 325/4-11 from Ch. 85, par. 7004-11
31 70 ILCS 325/4-12 from Ch. 85, par. 7004-12
32 70 ILCS 325/4-13 from Ch. 85, par. 7004-13
33 70 ILCS 325/4-14 from Ch. 85, par. 7004-14
34 70 ILCS 325/4-15 from Ch. 85, par. 7004-15
-1323- LRB9000879DJcd
1 70 ILCS 325/4-16 from Ch. 85, par. 7004-16
2 70 ILCS 325/4-17 from Ch. 85, par. 7004-17
3 70 ILCS 325/4-18 from Ch. 85, par. 7004-18
4 70 ILCS 325/4-19 from Ch. 85, par. 7004-19
5 70 ILCS 325/4-20 from Ch. 85, par. 7004-20
6 70 ILCS 325/4-21 from Ch. 85, par. 7004-21
7 70 ILCS 325/4-22 from Ch. 85, par. 7004-22
8 70 ILCS 325/4-23 from Ch. 85, par. 7004-23
9 70 ILCS 325/4-24 from Ch. 85, par. 7004-24
10 70 ILCS 325/4-25 from Ch. 85, par. 7004-25
11 70 ILCS 325/4-26 from Ch. 85, par. 7004-26
12 70 ILCS 325/4-27 from Ch. 85, par. 7004-27
13 70 ILCS 325/4-28 from Ch. 85, par. 7004-28
14 70 ILCS 325/4-29 from Ch. 85, par. 7004-29
15 70 ILCS 325/4-30 from Ch. 85, par. 7004-30
16 70 ILCS 310/5-1 from Ch. 85, par. 6905-1
17 70 ILCS 310/5-2 from Ch. 85, par. 6905-2
18 70 ILCS 310/5-3 from Ch. 85, par. 6905-3
19 70 ILCS 310/5-4 from Ch. 85, par. 6905-4
20 70 ILCS 310/5-5 from Ch. 85, par. 6905-5
21 70 ILCS 310/5-6 from Ch. 85, par. 6905-6
22 70 ILCS 310/5-7 from Ch. 85, par. 6905-7
23 70 ILCS 310/5-8 from Ch. 85, par. 6905-8
24 70 ILCS 310/5-9 from Ch. 85, par. 6905-9
25 70 ILCS 310/5-10 from Ch. 85, par. 6905-10
26 70 ILCS 310/5-11 from Ch. 85, par. 6905-11
27 70 ILCS 310/5-12 from Ch. 85, par. 6905-12
28 70 ILCS 310/5-13 from Ch. 85, par. 6905-13
29 70 ILCS 310/5-14 from Ch. 85, par. 6905-14
30 70 ILCS 310/5-15 from Ch. 85, par. 6905-15
31 70 ILCS 310/5-16 from Ch. 85, par. 6905-16
32 70 ILCS 310/5-17 from Ch. 85, par. 6905-17
33 70 ILCS 310/5-18 from Ch. 85, par. 6905-18
34 70 ILCS 310/5-19 from Ch. 85, par. 6905-19
-1324- LRB9000879DJcd
1 70 ILCS 310/5-20 from Ch. 85, par. 6905-20
2 70 ILCS 310/5-21 from Ch. 85, par. 6905-21
3 70 ILCS 310/5-22 from Ch. 85, par. 6905-22
4 70 ILCS 310/5-23 from Ch. 85, par. 6905-23
5 70 ILCS 310/5-24 from Ch. 85, par. 6905-24
6 70 ILCS 310/5-25 from Ch. 85, par. 6905-25
7 70 ILCS 310/5-26 from Ch. 85, par. 6905-26
8 70 ILCS 310/5-27 from Ch. 85, par. 6905-27
9 70 ILCS 310/5-28 from Ch. 85, par. 6905-28
10 70 ILCS 310/5-29 from Ch. 85, par. 6905-29
11 70 ILCS 310/5-30 from Ch. 85, par. 6905-30
12 70 ILCS 245/2-1 from Ch. 85, par. 6702-1
13 70 ILCS 245/2-2 from Ch. 85, par. 6702-2
14 70 ILCS 245/2-3 from Ch. 85, par. 6702-3
15 70 ILCS 245/2-4 from Ch. 85, par. 6702-4
16 70 ILCS 245/2-5 from Ch. 85, par. 6702-5
17 70 ILCS 245/2-6 from Ch. 85, par. 6702-6
18 70 ILCS 245/2-7 from Ch. 85, par. 6702-7
19 70 ILCS 245/2-8 from Ch. 85, par. 6702-8
20 70 ILCS 245/2-9 from Ch. 85, par. 6702-9
21 70 ILCS 245/2-10 from Ch. 85, par. 6702-10
22 70 ILCS 245/2-11 from Ch. 85, par. 6702-11
23 70 ILCS 245/2-12 from Ch. 85, par. 6702-12
24 70 ILCS 245/2-13 from Ch. 85, par. 6702-13
25 70 ILCS 245/2-14 from Ch. 85, par. 6702-14
26 70 ILCS 245/2-15 from Ch. 85, par. 6702-15
27 70 ILCS 245/2-16 from Ch. 85, par. 6702-16
28 70 ILCS 245/2-17 from Ch. 85, par. 6702-17
29 70 ILCS 245/2-18 from Ch. 85, par. 6702-18
30 70 ILCS 245/2-19 from Ch. 85, par. 6702-19
31 70 ILCS 245/2-20 from Ch. 85, par. 6702-20
32 70 ILCS 245/2-21 from Ch. 85, par. 6702-21
33 70 ILCS 245/2-22 from Ch. 85, par. 6702-22
34 70 ILCS 245/2-23 from Ch. 85, par. 6702-23
-1325- LRB9000879DJcd
1 70 ILCS 245/2-24 from Ch. 85, par. 6702-24
2 70 ILCS 245/2-25 from Ch. 85, par. 6702-25
3 70 ILCS 245/2-26 from Ch. 85, par. 6702-26
4 70 ILCS 245/2-27 from Ch. 85, par. 6702-27
5 70 ILCS 245/2-28 from Ch. 85, par. 6702-28
6 70 ILCS 245/2-29 from Ch. 85, par. 6702-29
7 70 ILCS 245/2-30 from Ch. 85, par. 6702-30
8 70 ILCS 205/1 from Ch. 85, par. 1361
9 70 ILCS 205/2 from Ch. 85, par. 1362
10 70 ILCS 205/3 from Ch. 85, par. 1363
11 70 ILCS 205/4 from Ch. 85, par. 1364
12 70 ILCS 205/5 from Ch. 85, par. 1365
13 70 ILCS 205/6 from Ch. 85, par. 1366
14 70 ILCS 205/6.1 from Ch. 85, par. 1366.1
15 70 ILCS 205/7 from Ch. 85, par. 1367
16 70 ILCS 205/8 from Ch. 85, par. 1368
17 70 ILCS 205/9 from Ch. 85, par. 1369
18 70 ILCS 205/10 from Ch. 85, par. 1370
19 70 ILCS 205/11 from Ch. 85, par. 1371
20 70 ILCS 205/12 from Ch. 85, par. 1372
21 70 ILCS 205/13 from Ch. 85, par. 1373
22 70 ILCS 205/14 from Ch. 85, par. 1374
23 70 ILCS 205/15 from Ch. 85, par. 1375
24 70 ILCS 205/16 from Ch. 85, par. 1376
25 70 ILCS 205/17 from Ch. 85, par. 1377
26 70 ILCS 205/18 from Ch. 85, par. 1378
27 70 ILCS 205/19 from Ch. 85, par. 1379
28 70 ILCS 205/20 from Ch. 85, par. 1380
29 70 ILCS 205/21 from Ch. 85, par. 1381
30 70 ILCS 205/22 from Ch. 85, par. 1382
31 70 ILCS 205/23 from Ch. 85, par. 1383
32 70 ILCS 205/24 from Ch. 85, par. 1384
33 70 ILCS 205/25 from Ch. 85, par. 1385
34 70 ILCS 205/26 from Ch. 85, par. 1386
-1326- LRB9000879DJcd
1 70 ILCS 205/27 from Ch. 85, par. 1387
2 70 ILCS 205/27a from Ch. 85, par. 1387a
3 70 ILCS 205/27b from Ch. 85, par. 1387b
4 70 ILCS 205/27c from Ch. 85, par. 1387c
5 70 ILCS 205/28 from Ch. 85, par. 1388
6 70 ILCS 220/7-1 from Ch. 85, par. 5101
7 70 ILCS 220/7-2 from Ch. 85, par. 5102
8 70 ILCS 220/7-3 from Ch. 85, par. 5103
9 70 ILCS 220/7-4 from Ch. 85, par. 5104
10 70 ILCS 220/7-5 from Ch. 85, par. 5105
11 70 ILCS 220/7-6 from Ch. 85, par. 5106
12 70 ILCS 220/7-7 from Ch. 85, par. 5107
13 70 ILCS 220/7-8 from Ch. 85, par. 5108
14 70 ILCS 220/7-9 from Ch. 85, par. 5109
15 70 ILCS 220/7-10 from Ch. 85, par. 5110
16 70 ILCS 220/7-11 from Ch. 85, par. 5111
17 70 ILCS 220/7-12 from Ch. 85, par. 5112
18 70 ILCS 220/7-13 from Ch. 85, par. 5113
19 70 ILCS 220/7-14 from Ch. 85, par. 5114
20 70 ILCS 220/7-15 from Ch. 85, par. 5115
21 70 ILCS 220/7-16 from Ch. 85, par. 5116
22 70 ILCS 220/7-17 from Ch. 85, par. 5117
23 70 ILCS 220/7-18 from Ch. 85, par. 5118
24 70 ILCS 220/7-19 from Ch. 85, par. 5119
25 70 ILCS 220/7-20 from Ch. 85, par. 5120
26 70 ILCS 220/7-21 from Ch. 85, par. 5121
27 70 ILCS 220/7-22 from Ch. 85, par. 5122
28 70 ILCS 220/7-23 from Ch. 85, par. 5123
29 70 ILCS 220/7-24 from Ch. 85, par. 5124
30 70 ILCS 220/7-25 from Ch. 85, par. 5125
31 70 ILCS 220/7-26 from Ch. 85, par. 5126
32 70 ILCS 220/7-27 from Ch. 85, par. 5127
33 70 ILCS 220/7-28 from Ch. 85, par. 5128
34 70 ILCS 220/2-1 from Ch. 85, par. 4601
-1327- LRB9000879DJcd
1 70 ILCS 220/2-2 from Ch. 85, par. 4602
2 70 ILCS 220/2-3 from Ch. 85, par. 4603
3 70 ILCS 220/2-4 from Ch. 85, par. 4604
4 70 ILCS 220/2-5 from Ch. 85, par. 4605
5 70 ILCS 220/2-6 from Ch. 85, par. 4606
6 70 ILCS 220/2-7 from Ch. 85, par. 4607
7 70 ILCS 220/2-8 from Ch. 85, par. 4608
8 70 ILCS 220/2-9 from Ch. 85, par. 4609
9 70 ILCS 220/2-10 from Ch. 85, par. 4610
10 70 ILCS 220/2-11 from Ch. 85, par. 4611
11 70 ILCS 220/2-12 from Ch. 85, par. 4612
12 70 ILCS 220/2-13 from Ch. 85, par. 4613
13 70 ILCS 220/2-14 from Ch. 85, par. 4614
14 70 ILCS 220/2-15 from Ch. 85, par. 4615
15 70 ILCS 220/2-16 from Ch. 85, par. 4616
16 70 ILCS 220/2-17 from Ch. 85, par. 4617
17 70 ILCS 220/2-18 from Ch. 85, par. 4618
18 70 ILCS 220/2-19 from Ch. 85, par. 4619
19 70 ILCS 220/2-20 from Ch. 85, par. 4620
20 70 ILCS 220/2-21 from Ch. 85, par. 4621
21 70 ILCS 220/2-22 from Ch. 85, par. 4622
22 70 ILCS 220/2-23 from Ch. 85, par. 4623
23 70 ILCS 220/2-24 from Ch. 85, par. 4624
24 70 ILCS 220/2-25 from Ch. 85, par. 4625
25 70 ILCS 220/2-26 from Ch. 85, par. 4626
26 70 ILCS 220/2-27 from Ch. 85, par. 4627
27 70 ILCS 220/2-28 from Ch. 85, par. 4628
28 70 ILCS 220/2-29 from Ch. 85, par. 4629
29 70 ILCS 220/10-1 from Ch. 85, par. 5401
30 70 ILCS 220/10-2 from Ch. 85, par. 5402
31 70 ILCS 220/10-3 from Ch. 85, par. 5403
32 70 ILCS 220/10-4 from Ch. 85, par. 5404
33 70 ILCS 220/10-5 from Ch. 85, par. 5405
34 70 ILCS 220/10-6 from Ch. 85, par. 5406
-1328- LRB9000879DJcd
1 70 ILCS 220/10-7 from Ch. 85, par. 5407
2 70 ILCS 220/10-8 from Ch. 85, par. 5408
3 70 ILCS 220/10-9 from Ch. 85, par. 5409
4 70 ILCS 220/10-10 from Ch. 85, par. 5410
5 70 ILCS 220/10-11 from Ch. 85, par. 5411
6 70 ILCS 220/10-12 from Ch. 85, par. 5412
7 70 ILCS 220/10-13 from Ch. 85, par. 5413
8 70 ILCS 220/10-14 from Ch. 85, par. 5414
9 70 ILCS 220/10-15 from Ch. 85, par. 5415
10 70 ILCS 220/10-16 from Ch. 85, par. 5416
11 70 ILCS 220/10-17 from Ch. 85, par. 5417
12 70 ILCS 220/10-18 from Ch. 85, par. 5418
13 70 ILCS 220/10-19 from Ch. 85, par. 5419
14 70 ILCS 220/10-20 from Ch. 85, par. 5420
15 70 ILCS 220/10-21 from Ch. 85, par. 5421
16 70 ILCS 220/10-22 from Ch. 85, par. 5422
17 70 ILCS 220/10-23 from Ch. 85, par. 5423
18 70 ILCS 220/10-24 from Ch. 85, par. 5424
19 70 ILCS 220/10-25 from Ch. 85, par. 5425
20 70 ILCS 220/10-26 from Ch. 85, par. 5426
21 70 ILCS 220/10-27 from Ch. 85, par. 5427
22 70 ILCS 220/10-28 from Ch. 85, par. 5428
23 70 ILCS 220/10-29 from Ch. 85, par. 5429
24 70 ILCS 220/10-30 from Ch. 85, par. 5430
25 70 ILCS 270/4-1 from Ch. 85, par. 3701
26 70 ILCS 270/4-2 from Ch. 85, par. 3702
27 70 ILCS 270/4-3 from Ch. 85, par. 3703
28 70 ILCS 270/4-4 from Ch. 85, par. 3704
29 70 ILCS 270/4-5 from Ch. 85, par. 3705
30 70 ILCS 270/4-6 from Ch. 85, par. 3706
31 70 ILCS 270/4-6.1 from Ch. 85, par. 3706.1
32 70 ILCS 270/4-7 from Ch. 85, par. 3707
33 70 ILCS 270/4-8 from Ch. 85, par. 3708
34 70 ILCS 270/4-9 from Ch. 85, par. 3709
-1329- LRB9000879DJcd
1 70 ILCS 270/4-10 from Ch. 85, par. 3710
2 70 ILCS 270/4-11 from Ch. 85, par. 3711
3 70 ILCS 270/4-12 from Ch. 85, par. 3712
4 70 ILCS 270/4-13 from Ch. 85, par. 3713
5 70 ILCS 270/4-14 from Ch. 85, par. 3714
6 70 ILCS 270/4-15 from Ch. 85, par. 3715
7 70 ILCS 270/4-16 from Ch. 85, par. 3716
8 70 ILCS 270/4-17 from Ch. 85, par. 3717
9 70 ILCS 270/4-18 from Ch. 85, par. 3718
10 70 ILCS 270/4-19 from Ch. 85, par. 3719
11 70 ILCS 270/4-20 from Ch. 85, par. 3720
12 70 ILCS 270/4-21 from Ch. 85, par. 3721
13 70 ILCS 270/4-22 from Ch. 85, par. 3722
14 70 ILCS 270/4-23 from Ch. 85, par. 3723
15 70 ILCS 270/4-24 from Ch. 85, par. 3724
16 70 ILCS 270/4-25 from Ch. 85, par. 3725
17 70 ILCS 270/4-26 from Ch. 85, par. 3726
18 70 ILCS 270/4-27 from Ch. 85, par. 3727
19 70 ILCS 270/4-28 from Ch. 85, par. 3728
20 70 ILCS 270/4-29 from Ch. 85, par. 3729
21 70 ILCS 270/4-30 from Ch. 85, par. 3730
22 70 ILCS 325/5-1 from Ch. 85, par. 7005-1
23 70 ILCS 325/5-2 from Ch. 85, par. 7005-2
24 70 ILCS 325/5-3 from Ch. 85, par. 7005-3
25 70 ILCS 325/5-4 from Ch. 85, par. 7005-4
26 70 ILCS 325/5-5 from Ch. 85, par. 7005-5
27 70 ILCS 325/5-6 from Ch. 85, par. 7005-6
28 70 ILCS 325/5-7 from Ch. 85, par. 7005-7
29 70 ILCS 325/5-8 from Ch. 85, par. 7005-8
30 70 ILCS 325/5-9 from Ch. 85, par. 7005-9
31 70 ILCS 325/5-10 from Ch. 85, par. 7005-10
32 70 ILCS 325/5-11 from Ch. 85, par. 7005-11
33 70 ILCS 325/5-12 from Ch. 85, par. 7005-12
34 70 ILCS 325/5-13 from Ch. 85, par. 7005-13
-1330- LRB9000879DJcd
1 70 ILCS 325/5-14 from Ch. 85, par. 7005-14
2 70 ILCS 325/5-15 from Ch. 85, par. 7005-15
3 70 ILCS 325/5-16 from Ch. 85, par. 7005-16
4 70 ILCS 325/5-17 from Ch. 85, par. 7005-17
5 70 ILCS 325/5-18 from Ch. 85, par. 7005-18
6 70 ILCS 325/5-19 from Ch. 85, par. 7005-19
7 70 ILCS 325/5-20 from Ch. 85, par. 7005-20
8 70 ILCS 325/5-21 from Ch. 85, par. 7005-21
9 70 ILCS 325/5-22 from Ch. 85, par. 7005-22
10 70 ILCS 325/5-23 from Ch. 85, par. 7005-23
11 70 ILCS 325/5-24 from Ch. 85, par. 7005-24
12 70 ILCS 325/5-25 from Ch. 85, par. 7005-25
13 70 ILCS 325/5-26 from Ch. 85, par. 7005-26
14 70 ILCS 325/5-27 from Ch. 85, par. 7005-27
15 70 ILCS 325/5-28 from Ch. 85, par. 7005-28
16 70 ILCS 325/5-29 from Ch. 85, par. 7005-29
17 70 ILCS 325/5-30 from Ch. 85, par. 7005-30
18 70 ILCS 320/2-1 from Ch. 85, par. 3201
19 70 ILCS 320/2-2 from Ch. 85, par. 3202
20 70 ILCS 320/2-3 from Ch. 85, par. 3203
21 70 ILCS 320/2-4 from Ch. 85, par. 3204
22 70 ILCS 320/2-5 from Ch. 85, par. 3205
23 70 ILCS 320/2-6 from Ch. 85, par. 3206
24 70 ILCS 320/2-6.1 from Ch. 85, par. 3206.1
25 70 ILCS 320/2-7 from Ch. 85, par. 3207
26 70 ILCS 320/2-8 from Ch. 85, par. 3208
27 70 ILCS 320/2-9 from Ch. 85, par. 3209
28 70 ILCS 320/2-10 from Ch. 85, par. 3210
29 70 ILCS 320/2-11 from Ch. 85, par. 3211
30 70 ILCS 320/2-12 from Ch. 85, par. 3212
31 70 ILCS 320/2-13 from Ch. 85, par. 3213
32 70 ILCS 320/2-14 from Ch. 85, par. 3214
33 70 ILCS 320/2-15 from Ch. 85, par. 3215
34 70 ILCS 320/2-16 from Ch. 85, par. 3216
-1331- LRB9000879DJcd
1 70 ILCS 320/2-17 from Ch. 85, par. 3217
2 70 ILCS 320/2-18 from Ch. 85, par. 3218
3 70 ILCS 320/2-19 from Ch. 85, par. 3219
4 70 ILCS 320/2-20 from Ch. 85, par. 3220
5 70 ILCS 320/2-21 from Ch. 85, par. 3221
6 70 ILCS 320/2-22 from Ch. 85, par. 3222
7 70 ILCS 320/2-23 from Ch. 85, par. 3223
8 70 ILCS 320/2-24 from Ch. 85, par. 3224
9 70 ILCS 320/2-25 from Ch. 85, par. 3225
10 70 ILCS 320/2-26 from Ch. 85, par. 3226
11 70 ILCS 320/2-27 from Ch. 85, par. 3227
12 70 ILCS 320/2-28 from Ch. 85, par. 3228
13 70 ILCS 320/2-29 from Ch. 85, par. 3229
14 70 ILCS 320/2-30 from Ch. 85, par. 3230
15 70 ILCS 315/1 from Ch. 85, par. 1441
16 70 ILCS 315/2 from Ch. 85, par. 1442
17 70 ILCS 315/3 from Ch. 85, par. 1443
18 70 ILCS 315/4 from Ch. 85, par. 1444
19 70 ILCS 315/5 from Ch. 85, par. 1445
20 70 ILCS 315/6 from Ch. 85, par. 1446
21 70 ILCS 315/7 from Ch. 85, par. 1447
22 70 ILCS 315/8 from Ch. 85, par. 1448
23 70 ILCS 315/9 from Ch. 85, par. 1449
24 70 ILCS 315/10 from Ch. 85, par. 1450
25 70 ILCS 315/11 from Ch. 85, par. 1451
26 70 ILCS 315/12 from Ch. 85, par. 1452
27 70 ILCS 315/13 from Ch. 85, par. 1453
28 70 ILCS 315/14 from Ch. 85, par. 1454
29 70 ILCS 315/15 from Ch. 85, par. 1455
30 70 ILCS 315/16 from Ch. 85, par. 1456
31 70 ILCS 315/17 from Ch. 85, par. 1457
32 70 ILCS 315/18 from Ch. 85, par. 1458
33 70 ILCS 315/19 from Ch. 85, par. 1459
34 70 ILCS 315/20 from Ch. 85, par. 1460
-1332- LRB9000879DJcd
1 70 ILCS 315/21 from Ch. 85, par. 1461
2 70 ILCS 315/22 from Ch. 85, par. 1462
3 70 ILCS 315/22.1 from Ch. 85, par. 1462.1
4 70 ILCS 315/22.2 from Ch. 85, par. 1462.2
5 70 ILCS 315/23 from Ch. 85, par. 1463
6 70 ILCS 325/8-1 from Ch. 85, par. 7008-1
7 70 ILCS 325/8-2 from Ch. 85, par. 7008-2
8 70 ILCS 325/8-3 from Ch. 85, par. 7008-3
9 70 ILCS 325/8-4 from Ch. 85, par. 7008-4
10 70 ILCS 325/8-5 from Ch. 85, par. 7008-5
11 70 ILCS 325/8-6 from Ch. 85, par. 7008-6
12 70 ILCS 325/8-7 from Ch. 85, par. 7008-7
13 70 ILCS 325/8-8 from Ch. 85, par. 7008-8
14 70 ILCS 325/8-9 from Ch. 85, par. 7008-9
15 70 ILCS 325/8-10 from Ch. 85, par. 7008-10
16 70 ILCS 325/8-11 from Ch. 85, par. 7008-11
17 70 ILCS 325/8-12 from Ch. 85, par. 7008-12
18 70 ILCS 325/8-13 from Ch. 85, par. 7008-13
19 70 ILCS 325/8-14 from Ch. 85, par. 7008-14
20 70 ILCS 325/8-15 from Ch. 85, par. 7008-15
21 70 ILCS 325/8-16 from Ch. 85, par. 7008-16
22 70 ILCS 325/8-17 from Ch. 85, par. 7008-17
23 70 ILCS 325/8-18 from Ch. 85, par. 7008-18
24 70 ILCS 325/8-19 from Ch. 85, par. 7008-19
25 70 ILCS 325/8-20 from Ch. 85, par. 7008-20
26 70 ILCS 325/8-21 from Ch. 85, par. 7008-21
27 70 ILCS 325/8-22 from Ch. 85, par. 7008-22
28 70 ILCS 325/8-23 from Ch. 85, par. 7008-23
29 70 ILCS 325/8-24 from Ch. 85, par. 7008-24
30 70 ILCS 325/8-25 from Ch. 85, par. 7008-25
31 70 ILCS 325/8-26 from Ch. 85, par. 7008-26
32 70 ILCS 325/8-27 from Ch. 85, par. 7008-27
33 70 ILCS 325/8-28 from Ch. 85, par. 7008-28
34 70 ILCS 325/8-29 from Ch. 85, par. 7008-29
-1333- LRB9000879DJcd
1 70 ILCS 325/8-30 from Ch. 85, par. 7008-30
2 70 ILCS 320/1-1 from Ch. 85, par. 3101
3 70 ILCS 320/1-2 from Ch. 85, par. 3102
4 70 ILCS 320/1-3 from Ch. 85, par. 3103
5 70 ILCS 320/1-4 from Ch. 85, par. 3104
6 70 ILCS 320/1-5 from Ch. 85, par. 3105
7 70 ILCS 320/1-6 from Ch. 85, par. 3106
8 70 ILCS 320/1-6.1 from Ch. 85, par. 3106.1
9 70 ILCS 320/1-7 from Ch. 85, par. 3107
10 70 ILCS 320/1-8 from Ch. 85, par. 3108
11 70 ILCS 320/1-9 from Ch. 85, par. 3109
12 70 ILCS 320/1-10 from Ch. 85, par. 3110
13 70 ILCS 320/1-11 from Ch. 85, par. 3111
14 70 ILCS 320/1-12 from Ch. 85, par. 3112
15 70 ILCS 320/1-13 from Ch. 85, par. 3113
16 70 ILCS 320/1-14 from Ch. 85, par. 3114
17 70 ILCS 320/1-15 from Ch. 85, par. 3115
18 70 ILCS 320/1-16 from Ch. 85, par. 3116
19 70 ILCS 320/1-17 from Ch. 85, par. 3117
20 70 ILCS 320/1-18 from Ch. 85, par. 3118
21 70 ILCS 320/1-19 from Ch. 85, par. 3119
22 70 ILCS 320/1-20 from Ch. 85, par. 3120
23 70 ILCS 320/1-21 from Ch. 85, par. 3121
24 70 ILCS 320/1-22 from Ch. 85, par. 3122
25 70 ILCS 320/1-23 from Ch. 85, par. 3123
26 70 ILCS 320/1-24 from Ch. 85, par. 3124
27 70 ILCS 320/1-25 from Ch. 85, par. 3125
28 70 ILCS 320/1-26 from Ch. 85, par. 3126
29 70 ILCS 320/1-27 from Ch. 85, par. 3127
30 70 ILCS 320/1-28 from Ch. 85, par. 3128
31 70 ILCS 320/1-29 from Ch. 85, par. 3129
32 70 ILCS 320/1-30 from Ch. 85, par. 3130
33 70 ILCS 280/2-1 from Ch. 85, par. 2801
34 70 ILCS 280/2-2 from Ch. 85, par. 2802
-1334- LRB9000879DJcd
1 70 ILCS 280/2-3 from Ch. 85, par. 2803
2 70 ILCS 280/2-4 from Ch. 85, par. 2804
3 70 ILCS 280/2-5 from Ch. 85, par. 2805
4 70 ILCS 280/2-6 from Ch. 85, par. 2806
5 70 ILCS 280/2-7 from Ch. 85, par. 2807
6 70 ILCS 280/2-7.1 from Ch. 85, par. 2807.1
7 70 ILCS 280/2-8 from Ch. 85, par. 2808
8 70 ILCS 280/2-9 from Ch. 85, par. 2809
9 70 ILCS 280/2-10 from Ch. 85, par. 2810
10 70 ILCS 280/2-11 from Ch. 85, par. 2811
11 70 ILCS 280/2-12 from Ch. 85, par. 2812
12 70 ILCS 280/2-13 from Ch. 85, par. 2813
13 70 ILCS 280/2-14 from Ch. 85, par. 2814
14 70 ILCS 280/2-15 from Ch. 85, par. 2815
15 70 ILCS 280/2-16 from Ch. 85, par. 2816
16 70 ILCS 280/2-17 from Ch. 85, par. 2817
17 70 ILCS 280/2-18 from Ch. 85, par. 2818
18 70 ILCS 280/2-19 from Ch. 85, par. 2819
19 70 ILCS 280/2-20 from Ch. 85, par. 2820
20 70 ILCS 280/2-21 from Ch. 85, par. 2821
21 70 ILCS 280/2-22 from Ch. 85, par. 2822
22 70 ILCS 280/2-23 from Ch. 85, par. 2823
23 70 ILCS 280/2-24 from Ch. 85, par. 2824
24 70 ILCS 280/2-25 from Ch. 85, par. 2825
25 70 ILCS 280/2-26 from Ch. 85, par. 2826
26 70 ILCS 280/2-27 from Ch. 85, par. 2827
27 70 ILCS 280/2-28 from Ch. 85, par. 2828
28 70 ILCS 280/2-29 from Ch. 85, par. 2829
29 70 ILCS 325/1-1 from Ch. 85, par. 7001-1
30 70 ILCS 325/1-2 from Ch. 85, par. 7001-2
31 70 ILCS 325/1-3 from Ch. 85, par. 7001-3
32 70 ILCS 325/1-4 from Ch. 85, par. 7001-4
33 70 ILCS 325/1-5 from Ch. 85, par. 7001-5
34 70 ILCS 325/1-6 from Ch. 85, par. 7001-6
-1335- LRB9000879DJcd
1 70 ILCS 325/1-7 from Ch. 85, par. 7001-7
2 70 ILCS 325/1-8 from Ch. 85, par. 7001-8
3 70 ILCS 325/1-9 from Ch. 85, par. 7001-9
4 70 ILCS 325/1-10 from Ch. 85, par. 7001-10
5 70 ILCS 325/1-11 from Ch. 85, par. 7001-11
6 70 ILCS 325/1-12 from Ch. 85, par. 7001-12
7 70 ILCS 325/1-13 from Ch. 85, par. 7001-13
8 70 ILCS 325/1-14 from Ch. 85, par. 7001-14
9 70 ILCS 325/1-15 from Ch. 85, par. 7001-15
10 70 ILCS 325/1-16 from Ch. 85, par. 7001-16
11 70 ILCS 325/1-17 from Ch. 85, par. 7001-17
12 70 ILCS 325/1-18 from Ch. 85, par. 7001-18
13 70 ILCS 325/1-19 from Ch. 85, par. 7001-19
14 70 ILCS 325/1-20 from Ch. 85, par. 7001-20
15 70 ILCS 325/1-21 from Ch. 85, par. 7001-21
16 70 ILCS 325/1-22 from Ch. 85, par. 7001-22
17 70 ILCS 325/1-23 from Ch. 85, par. 7001-23
18 70 ILCS 325/1-24 from Ch. 85, par. 7001-24
19 70 ILCS 325/1-25 from Ch. 85, par. 7001-25
20 70 ILCS 325/1-26 from Ch. 85, par. 7001-26
21 70 ILCS 325/1-27 from Ch. 85, par. 7001-27
22 70 ILCS 325/1-28 from Ch. 85, par. 7001-28
23 70 ILCS 325/1-29 from Ch. 85, par. 7001-29
24 70 ILCS 325/1-30 from Ch. 85, par. 7001-30
25 70 ILCS 330/1 from Ch. 85, par. 3301
26 70 ILCS 330/2 from Ch. 85, par. 3302
27 70 ILCS 330/3 from Ch. 85, par. 3303
28 70 ILCS 330/4 from Ch. 85, par. 3304
29 70 ILCS 330/5 from Ch. 85, par. 3305
30 70 ILCS 330/6 from Ch. 85, par. 3306
31 70 ILCS 330/7 from Ch. 85, par. 3307
32 70 ILCS 330/7.1 from Ch. 85, par. 3307.1
33 70 ILCS 330/8 from Ch. 85, par. 3308
34 70 ILCS 330/9 from Ch. 85, par. 3309
-1336- LRB9000879DJcd
1 70 ILCS 330/10 from Ch. 85, par. 3310
2 70 ILCS 330/11 from Ch. 85, par. 3311
3 70 ILCS 330/12 from Ch. 85, par. 3312
4 70 ILCS 330/13 from Ch. 85, par. 3313
5 70 ILCS 330/14 from Ch. 85, par. 3314
6 70 ILCS 330/15 from Ch. 85, par. 3315
7 70 ILCS 330/16 from Ch. 85, par. 3316
8 70 ILCS 330/17 from Ch. 85, par. 3317
9 70 ILCS 330/18 from Ch. 85, par. 3318
10 70 ILCS 330/19 from Ch. 85, par. 3319
11 70 ILCS 330/20 from Ch. 85, par. 3320
12 70 ILCS 330/21 from Ch. 85, par. 3321
13 70 ILCS 330/22 from Ch. 85, par. 3322
14 70 ILCS 330/23 from Ch. 85, par. 3323
15 70 ILCS 330/24 from Ch. 85, par. 3324
16 70 ILCS 330/25 from Ch. 85, par. 3325
17 70 ILCS 330/26 from Ch. 85, par. 3326
18 70 ILCS 330/27 from Ch. 85, par. 3327
19 70 ILCS 325/3-1 from Ch. 85, par. 7003-1
20 70 ILCS 325/3-2 from Ch. 85, par. 7003-2
21 70 ILCS 325/3-3 from Ch. 85, par. 7003-3
22 70 ILCS 325/3-4 from Ch. 85, par. 7003-4
23 70 ILCS 325/3-5 from Ch. 85, par. 7003-5
24 70 ILCS 325/3-6 from Ch. 85, par. 7003-6
25 70 ILCS 325/3-7 from Ch. 85, par. 7003-7
26 70 ILCS 325/3-8 from Ch. 85, par. 7003-8
27 70 ILCS 325/3-9 from Ch. 85, par. 7003-9
28 70 ILCS 325/3-10 from Ch. 85, par. 7003-10
29 70 ILCS 325/3-11 from Ch. 85, par. 7003-11
30 70 ILCS 325/3-12 from Ch. 85, par. 7003-12
31 70 ILCS 325/3-13 from Ch. 85, par. 7003-13
32 70 ILCS 325/3-14 from Ch. 85, par. 7003-14
33 70 ILCS 325/3-15 from Ch. 85, par. 7003-15
34 70 ILCS 325/3-16 from Ch. 85, par. 7003-16
-1337- LRB9000879DJcd
1 70 ILCS 325/3-17 from Ch. 85, par. 7003-17
2 70 ILCS 325/3-18 from Ch. 85, par. 7003-18
3 70 ILCS 325/3-19 from Ch. 85, par. 7003-19
4 70 ILCS 325/3-20 from Ch. 85, par. 7003-20
5 70 ILCS 325/3-21 from Ch. 85, par. 7003-21
6 70 ILCS 325/3-22 from Ch. 85, par. 7003-22
7 70 ILCS 325/3-23 from Ch. 85, par. 7003-23
8 70 ILCS 325/3-24 from Ch. 85, par. 7003-24
9 70 ILCS 325/3-25 from Ch. 85, par. 7003-25
10 70 ILCS 325/3-26 from Ch. 85, par. 7003-26
11 70 ILCS 325/3-27 from Ch. 85, par. 7003-27
12 70 ILCS 325/3-28 from Ch. 85, par. 7003-28
13 70 ILCS 325/3-29 from Ch. 85, par. 7003-29
14 70 ILCS 325/3-30 from Ch. 85, par. 7003-30
15 70 ILCS 340/1 from Ch. 85, par. 1331
16 70 ILCS 340/2 from Ch. 85, par. 1332
17 70 ILCS 340/3 from Ch. 85, par. 1333
18 70 ILCS 340/4 from Ch. 85, par. 1334
19 70 ILCS 340/5 from Ch. 85, par. 1335
20 70 ILCS 340/6 from Ch. 85, par. 1336
21 70 ILCS 340/6.1 from Ch. 85, par. 1336.1
22 70 ILCS 340/7 from Ch. 85, par. 1337
23 70 ILCS 340/8 from Ch. 85, par. 1338
24 70 ILCS 340/9 from Ch. 85, par. 1339
25 70 ILCS 340/9.1 from Ch. 85, par. 1339.1
26 70 ILCS 340/10 from Ch. 85, par. 1340
27 70 ILCS 340/11 from Ch. 85, par. 1341
28 70 ILCS 340/12 from Ch. 85, par. 1342
29 70 ILCS 340/13 from Ch. 85, par. 1343
30 70 ILCS 340/14 from Ch. 85, par. 1344
31 70 ILCS 340/15 from Ch. 85, par. 1345
32 70 ILCS 340/16 from Ch. 85, par. 1346
33 70 ILCS 340/17 from Ch. 85, par. 1347
34 70 ILCS 340/18 from Ch. 85, par. 1348
-1338- LRB9000879DJcd
1 70 ILCS 340/19 from Ch. 85, par. 1349
2 70 ILCS 340/20 from Ch. 85, par. 1350
3 70 ILCS 340/21 from Ch. 85, par. 1351
4 70 ILCS 340/22 from Ch. 85, par. 1352
5 70 ILCS 340/23 from Ch. 85, par. 1353
6 70 ILCS 340/23a from Ch. 85, par. 1353a
7 70 ILCS 340/24 from Ch. 85, par. 1354
8 70 ILCS 340/25 from Ch. 85, par. 1355
9 70 ILCS 340/26 from Ch. 85, par. 1356
10 70 ILCS 340/27 from Ch. 85, par. 1357
11 70 ILCS 340/27.1 from Ch. 85, par. 1357.1
12 70 ILCS 340/27.2 from Ch. 85, par. 1357.2
13 70 ILCS 340/27.3 from Ch. 85, par. 1357.3
14 70 ILCS 340/28 from Ch. 85, par. 1358
15 70 ILCS 335/1 from Ch. 85, par. 7101
16 70 ILCS 335/2 from Ch. 85, par. 7102
17 70 ILCS 335/3 from Ch. 85, par. 7103
18 70 ILCS 335/4 from Ch. 85, par. 7104
19 70 ILCS 335/5 from Ch. 85, par. 7105
20 70 ILCS 335/6 from Ch. 85, par. 7106
21 70 ILCS 335/7 from Ch. 85, par. 7107
22 70 ILCS 335/8 from Ch. 85, par. 7108
23 70 ILCS 335/9 from Ch. 85, par. 7109
24 70 ILCS 335/10 from Ch. 85, par. 7110
25 70 ILCS 335/11 from Ch. 85, par. 7111
26 70 ILCS 335/12 from Ch. 85, par. 7112
27 70 ILCS 335/13 from Ch. 85, par. 7113
28 70 ILCS 335/14 from Ch. 85, par. 7114
29 70 ILCS 335/15 from Ch. 85, par. 7115
30 70 ILCS 335/16 from Ch. 85, par. 7116
31 70 ILCS 335/17 from Ch. 85, par. 7117
32 70 ILCS 335/18 from Ch. 85, par. 7118
33 70 ILCS 335/19 from Ch. 85, par. 7119
34 70 ILCS 335/20 from Ch. 85, par. 7120
-1339- LRB9000879DJcd
1 70 ILCS 335/21 from Ch. 85, par. 7121
2 70 ILCS 335/22 from Ch. 85, par. 7122
3 70 ILCS 335/23 from Ch. 85, par. 7123
4 70 ILCS 335/24 from Ch. 85, par. 7124
5 70 ILCS 335/25 from Ch. 85, par. 7125
6 70 ILCS 335/26 from Ch. 85, par. 7126
7 70 ILCS 335/27 from Ch. 85, par. 7127
8 70 ILCS 335/28 from Ch. 85, par. 7128
9 70 ILCS 335/29 from Ch. 85, par. 7129
10 70 ILCS 335/30 from Ch. 85, par. 7130
11 70 ILCS 220/8-1 from Ch. 85, par. 5201
12 70 ILCS 220/8-2 from Ch. 85, par. 5202
13 70 ILCS 220/8-3 from Ch. 85, par. 5203
14 70 ILCS 220/8-4 from Ch. 85, par. 5204
15 70 ILCS 220/8-5 from Ch. 85, par. 5205
16 70 ILCS 220/8-6 from Ch. 85, par. 5206
17 70 ILCS 220/8-7 from Ch. 85, par. 5207
18 70 ILCS 220/8-8 from Ch. 85, par. 5208
19 70 ILCS 220/8-9 from Ch. 85, par. 5209
20 70 ILCS 220/8-10 from Ch. 85, par. 5210
21 70 ILCS 220/8-11 from Ch. 85, par. 5211
22 70 ILCS 220/8-12 from Ch. 85, par. 5212
23 70 ILCS 220/8-13 from Ch. 85, par. 5213
24 70 ILCS 220/8-14 from Ch. 85, par. 5214
25 70 ILCS 220/8-15 from Ch. 85, par. 5215
26 70 ILCS 220/8-16 from Ch. 85, par. 5216
27 70 ILCS 220/8-17 from Ch. 85, par. 5217
28 70 ILCS 220/8-18 from Ch. 85, par. 5218
29 70 ILCS 220/8-19 from Ch. 85, par. 5219
30 70 ILCS 220/8-20 from Ch. 85, par. 5220
31 70 ILCS 220/8-21 from Ch. 85, par. 5221
32 70 ILCS 220/8-22 from Ch. 85, par. 5222
33 70 ILCS 220/8-23 from Ch. 85, par. 5223
34 70 ILCS 220/8-24 from Ch. 85, par. 5224
-1340- LRB9000879DJcd
1 70 ILCS 220/8-25 from Ch. 85, par. 5225
2 70 ILCS 220/8-26 from Ch. 85, par. 5226
3 70 ILCS 220/8-27 from Ch. 85, par. 5227
4 70 ILCS 220/8-28 from Ch. 85, par. 5228
5 70 ILCS 345/1 from Ch. 85, par. 1251
6 70 ILCS 345/2 from Ch. 85, par. 1252
7 70 ILCS 345/3 from Ch. 85, par. 1253
8 70 ILCS 345/4 from Ch. 85, par. 1254
9 70 ILCS 345/5 from Ch. 85, par. 1255
10 70 ILCS 345/6 from Ch. 85, par. 1256
11 70 ILCS 345/6.1 from Ch. 85, par. 1256.1
12 70 ILCS 345/7 from Ch. 85, par. 1257
13 70 ILCS 345/8 from Ch. 85, par. 1258
14 70 ILCS 345/9 from Ch. 85, par. 1259
15 70 ILCS 345/10 from Ch. 85, par. 1260
16 70 ILCS 345/11 from Ch. 85, par. 1261
17 70 ILCS 345/12 from Ch. 85, par. 1262
18 70 ILCS 345/13 from Ch. 85, par. 1263
19 70 ILCS 345/13(a) from Ch. 85, par. 1263a
20 70 ILCS 345/13(b) from Ch. 85, par. 1263b
21 70 ILCS 345/13(c) from Ch. 85, par. 1263c
22 70 ILCS 345/14 from Ch. 85, par. 1264
23 70 ILCS 345/15(a) from Ch. 85, par. 1265a
24 70 ILCS 345/15(b) from Ch. 85, par. 1265b
25 70 ILCS 345/15(c) from Ch. 85, par. 1265c
26 70 ILCS 345/15(d) from Ch. 85, par. 1265d
27 70 ILCS 345/16 from Ch. 85, par. 1266
28 70 ILCS 345/17 from Ch. 85, par. 1267
29 70 ILCS 345/18 from Ch. 85, par. 1268
30 70 ILCS 345/19 from Ch. 85, par. 1269
31 70 ILCS 345/20 from Ch. 85, par. 1270
32 70 ILCS 345/21 from Ch. 85, par. 1271
33 70 ILCS 345/22 from Ch. 85, par. 1272
34 70 ILCS 345/23 from Ch. 85, par. 1273
-1341- LRB9000879DJcd
1 70 ILCS 345/24 from Ch. 85, par. 1274
2 70 ILCS 345/25 from Ch. 85, par. 1275
3 70 ILCS 345/26 from Ch. 85, par. 1276
4 70 ILCS 345/27 from Ch. 85, par. 1277
5 70 ILCS 345/28 from Ch. 85, par. 1278
6 70 ILCS 345/29 from Ch. 85, par. 1279
7 70 ILCS 345/30 from Ch. 85, par. 1280
8 70 ILCS 345/31 from Ch. 85, par. 1281
9 70 ILCS 345/32 from Ch. 85, par. 1282
10 70 ILCS 345/33 from Ch. 85, par. 1283
11 70 ILCS 270/2-1 from Ch. 85, par. 3501
12 70 ILCS 270/2-2 from Ch. 85, par. 3502
13 70 ILCS 270/2-3 from Ch. 85, par. 3503
14 70 ILCS 270/2-4 from Ch. 85, par. 3504
15 70 ILCS 270/2-5 from Ch. 85, par. 3505
16 70 ILCS 270/2-6 from Ch. 85, par. 3506
17 70 ILCS 270/2-7 from Ch. 85, par. 3507
18 70 ILCS 270/2-7.1 from Ch. 85, par. 3507.1
19 70 ILCS 270/2-8 from Ch. 85, par. 3508
20 70 ILCS 270/2-9 from Ch. 85, par. 3509
21 70 ILCS 270/2-10 from Ch. 85, par. 3510
22 70 ILCS 270/2-11 from Ch. 85, par. 3511
23 70 ILCS 270/2-12 from Ch. 85, par. 3512
24 70 ILCS 270/2-13 from Ch. 85, par. 3513
25 70 ILCS 270/2-14 from Ch. 85, par. 3514
26 70 ILCS 270/2-15 from Ch. 85, par. 3515
27 70 ILCS 270/2-16 from Ch. 85, par. 3516
28 70 ILCS 270/2-17 from Ch. 85, par. 3517
29 70 ILCS 270/2-18 from Ch. 85, par. 3518
30 70 ILCS 270/2-19 from Ch. 85, par. 3519
31 70 ILCS 270/2-20 from Ch. 85, par. 3520
32 70 ILCS 270/2-21 from Ch. 85, par. 3521
33 70 ILCS 270/2-22 from Ch. 85, par. 3522
34 70 ILCS 270/2-23 from Ch. 85, par. 3523
-1342- LRB9000879DJcd
1 70 ILCS 270/2-24 from Ch. 85, par. 3524
2 70 ILCS 270/2-25 from Ch. 85, par. 3525
3 70 ILCS 270/2-26 from Ch. 85, par. 3526
4 70 ILCS 270/2-27 from Ch. 85, par. 3527
5 70 ILCS 270/2-28 from Ch. 85, par. 3528
6 70 ILCS 270/2-29 from Ch. 85, par. 3529
7 70 ILCS 270/2-30 from Ch. 85, par. 3530
8 70 ILCS 270/2-31 from Ch. 85, par. 3531
9 70 ILCS 265/1 from Ch. 85, par. 1551
10 70 ILCS 265/1.1 from Ch. 85, par. 1551.1
11 70 ILCS 265/2 from Ch. 85, par. 1552
12 70 ILCS 265/3 from Ch. 85, par. 1553
13 70 ILCS 265/4 from Ch. 85, par. 1554
14 70 ILCS 265/5 from Ch. 85, par. 1555
15 70 ILCS 265/6 from Ch. 85, par. 1556
16 70 ILCS 265/6.1 from Ch. 85, par. 1556.1
17 70 ILCS 265/7 from Ch. 85, par. 1557
18 70 ILCS 265/8 from Ch. 85, par. 1558
19 70 ILCS 265/9 from Ch. 85, par. 1559
20 70 ILCS 265/10 from Ch. 85, par. 1560
21 70 ILCS 265/11 from Ch. 85, par. 1561
22 70 ILCS 265/12 from Ch. 85, par. 1562
23 70 ILCS 265/13 from Ch. 85, par. 1563
24 70 ILCS 265/14 from Ch. 85, par. 1564
25 70 ILCS 265/15 from Ch. 85, par. 1565
26 70 ILCS 265/16 from Ch. 85, par. 1566
27 70 ILCS 265/17 from Ch. 85, par. 1567
28 70 ILCS 265/18 from Ch. 85, par. 1568
29 70 ILCS 265/19 from Ch. 85, par. 1569
30 70 ILCS 265/20 from Ch. 85, par. 1570
31 70 ILCS 265/21 from Ch. 85, par. 1571
32 70 ILCS 265/22 from Ch. 85, par. 1572
33 70 ILCS 265/23 from Ch. 85, par. 1573
34 70 ILCS 265/24 from Ch. 85, par. 1574
-1343- LRB9000879DJcd
1 70 ILCS 265/25 from Ch. 85, par. 1575
2 70 ILCS 265/26 from Ch. 85, par. 1576
3 70 ILCS 265/26a from Ch. 85, par. 1576a
4 70 ILCS 265/26b from Ch. 85, par. 1576b
5 70 ILCS 265/26c from Ch. 85, par. 1576c
6 70 ILCS 265/27 from Ch. 85, par. 1577
7 70 ILCS 265/28 from Ch. 85, par. 1578
8 70 ILCS 325/7-1 from Ch. 85, par. 7007-1
9 70 ILCS 325/7-2 from Ch. 85, par. 7007-2
10 70 ILCS 325/7-3 from Ch. 85, par. 7007-3
11 70 ILCS 325/7-4 from Ch. 85, par. 7007-4
12 70 ILCS 325/7-5 from Ch. 85, par. 7007-5
13 70 ILCS 325/7-6 from Ch. 85, par. 7007-6
14 70 ILCS 325/7-7 from Ch. 85, par. 7007-7
15 70 ILCS 325/7-8 from Ch. 85, par. 7007-8
16 70 ILCS 325/7-9 from Ch. 85, par. 7007-9
17 70 ILCS 325/7-10 from Ch. 85, par. 7007-10
18 70 ILCS 325/7-11 from Ch. 85, par. 7007-11
19 70 ILCS 325/7-12 from Ch. 85, par. 7007-12
20 70 ILCS 325/7-13 from Ch. 85, par. 7007-13
21 70 ILCS 325/7-14 from Ch. 85, par. 7007-14
22 70 ILCS 325/7-15 from Ch. 85, par. 7007-15
23 70 ILCS 325/7-16 from Ch. 85, par. 7007-16
24 70 ILCS 325/7-17 from Ch. 85, par. 7007-17
25 70 ILCS 325/7-18 from Ch. 85, par. 7007-18
26 70 ILCS 325/7-19 from Ch. 85, par. 7007-19
27 70 ILCS 325/7-20 from Ch. 85, par. 7007-20
28 70 ILCS 325/7-21 from Ch. 85, par. 7007-21
29 70 ILCS 325/7-22 from Ch. 85, par. 7007-22
30 70 ILCS 325/7-23 from Ch. 85, par. 7007-23
31 70 ILCS 325/7-24 from Ch. 85, par. 7007-24
32 70 ILCS 325/7-25 from Ch. 85, par. 7007-25
33 70 ILCS 325/7-26 from Ch. 85, par. 7007-26
34 70 ILCS 325/7-27 from Ch. 85, par. 7007-27
-1344- LRB9000879DJcd
1 70 ILCS 325/7-28 from Ch. 85, par. 7007-28
2 70 ILCS 325/7-29 from Ch. 85, par. 7007-29
3 70 ILCS 325/7-30 from Ch. 85, par. 7007-30
4 70 ILCS 350/1 from Ch. 85, par. 6101
5 70 ILCS 350/2 from Ch. 85, par. 6102
6 70 ILCS 350/3 from Ch. 85, par. 6103
7 70 ILCS 350/4 from Ch. 85, par. 6104
8 70 ILCS 350/5 from Ch. 85, par. 6105
9 70 ILCS 350/6 from Ch. 85, par. 6106
10 70 ILCS 350/7 from Ch. 85, par. 6107
11 70 ILCS 350/8 from Ch. 85, par. 6108
12 70 ILCS 350/9 from Ch. 85, par. 6109
13 70 ILCS 350/10 from Ch. 85, par. 6110
14 70 ILCS 350/11 from Ch. 85, par. 6111
15 70 ILCS 350/12 from Ch. 85, par. 6112
16 70 ILCS 350/13 from Ch. 85, par. 6113
17 70 ILCS 350/14 from Ch. 85, par. 6114
18 70 ILCS 350/15 from Ch. 85, par. 6115
19 70 ILCS 350/16 from Ch. 85, par. 6116
20 70 ILCS 350/17 from Ch. 85, par. 6117
21 70 ILCS 350/18 from Ch. 85, par. 6118
22 70 ILCS 350/19 from Ch. 85, par. 6119
23 70 ILCS 350/20 from Ch. 85, par. 6120
24 70 ILCS 350/21 from Ch. 85, par. 6121
25 70 ILCS 350/22 from Ch. 85, par. 6122
26 70 ILCS 350/23 from Ch. 85, par. 6123
27 70 ILCS 350/24 from Ch. 85, par. 6124
28 70 ILCS 350/25 from Ch. 85, par. 6125
29 70 ILCS 350/26 from Ch. 85, par. 6126
30 70 ILCS 350/27 from Ch. 85, par. 6127
31 70 ILCS 350/28 from Ch. 85, par. 6128
32 70 ILCS 350/29 from Ch. 85, par. 6129
33 70 ILCS 350/30 from Ch. 85, par. 6130
34 70 ILCS 290/1 from Ch. 85, par. 1580-1
-1345- LRB9000879DJcd
1 70 ILCS 290/2 from Ch. 85, par. 1580-2
2 70 ILCS 290/3 from Ch. 85, par. 1580-3
3 70 ILCS 290/4 from Ch. 85, par. 1580-4
4 70 ILCS 290/5 from Ch. 85, par. 1580-5
5 70 ILCS 290/6 from Ch. 85, par. 1580-6
6 70 ILCS 290/7 from Ch. 85, par. 1580-7
7 70 ILCS 290/7.1 from Ch. 85, par. 1580-7.1
8 70 ILCS 290/8 from Ch. 85, par. 1580-8
9 70 ILCS 290/9 from Ch. 85, par. 1580-9
10 70 ILCS 290/10 from Ch. 85, par. 1580-10
11 70 ILCS 290/11 from Ch. 85, par. 1580-11
12 70 ILCS 290/12 from Ch. 85, par. 1580-12
13 70 ILCS 290/13 from Ch. 85, par. 1580-13
14 70 ILCS 290/14 from Ch. 85, par. 1580-14
15 70 ILCS 290/15 from Ch. 85, par. 1580-15
16 70 ILCS 290/16 from Ch. 85, par. 1580-16
17 70 ILCS 290/17 from Ch. 85, par. 1580-17
18 70 ILCS 290/18 from Ch. 85, par. 1580-18
19 70 ILCS 290/19 from Ch. 85, par. 1580-19
20 70 ILCS 290/20 from Ch. 85, par. 1580-20
21 70 ILCS 290/21 from Ch. 85, par. 1580-21
22 70 ILCS 290/22 from Ch. 85, par. 1580-22
23 70 ILCS 290/23 from Ch. 85, par. 1580-23
24 70 ILCS 290/24 from Ch. 85, par. 1580-24
25 70 ILCS 290/25 from Ch. 85, par. 1580-25
26 70 ILCS 290/26 from Ch. 85, par. 1580-26
27 70 ILCS 290/27 from Ch. 85, par. 1580-27
28 70 ILCS 290/27a from Ch. 85, par. 1580-27a
29 70 ILCS 290/27b from Ch. 85, par. 1580-27b
30 70 ILCS 290/27c from Ch. 85, par. 1580-27c
31 70 ILCS 290/28 from Ch. 85, par. 1580-28
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