(70 ILCS 1905/20) (from Ch. 114, par. 380)
Sec. 20.
Revenue
bonds.
Whenever and as often as the Board of Commissioners determines to issue
bonds as provided in this Act, it shall adopt a resolution describing in a
general way the area to be acquired, the nature of the improvements
thereon, the disposition to be made of such improvements and a description
of any new buildings or other facilities to be constructed thereon. Such
description shall not prohibit the Board of Commissioners from making such
changes as may be necessary or convenient in the discretion of the Board of
Commissioners.
The resolution shall set out the total estimated cost of the project,
determine the period of usefulness and fix the amount of revenue bonds to
be issued, the date or dates of maturity, the dates on which interest is
payable, the sinking fund provisions and all other details in connection
with such bonds. The Board shall determine and fix the rate of interest of
any revenue bonds issued hereunder in such resolution or in any
supplemental resolution adopted by the Board prior to the issuance thereof.
The resolution, trust agreement or other contract entered into with the
bondholders may contain such covenants, including restrictions concerning
the issuance of additional revenue bonds thereafter, as may be deemed
necessary or advisable for the assurance of the payment of the bonds
thereby authorized.
All bonds shall be issued in the name of the Railroad Terminal Authority
and shall have and are hereby declared to have all the qualities and
incidents of negotiable instruments under the laws of this State.
Bonds issued under this Act, whether original issue or issues or
refunding, may be issued as serial or term bonds, shall be of such
denomination or denominations and form, including interest coupons to be
attached thereto, shall be payable at such place or places and bear such
date as the Board of Commissioners shall fix by the resolution authorizing
such bonds and shall mature within a period to be determined by the Board,
and may be redeemable prior to maturity with or without premium, at the
option of the Board of Commissioners, upon such terms and conditions as the
Board of Commissioners shall fix by the resolution authorizing the issuance
of such bonds. The Board of Commissioners may provide for the registration
of such bonds in the name of the owner as to the principal alone or as to
both principal and interest upon such terms and conditions as the Board of
Commissioners may determine. All Bonds issued hereunder by any Railroad
Terminal Authority shall be sold in any manner the Authority may determine
and at such price that the interest cost to the Authority of the proceeds
of such bonds shall not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, payable
semiannually, computed to maturity and shall be sold in such manner and at
such time or times as the Board of Commissioners shall determine.
Bonds issued by a Railroad Terminal Authority and the interest thereon,
shall be payable solely from the revenues derived from (1) the sale or
sales of any real property pursuant to this Act, and (2) the operation,
management or use of the terminal, Terminal Facilities or other facilities
acquired or to be acquired by the Authority, which revenue shall include
payments received under any leases or other contracts for the use of the
terminal, Terminal Facilities or other facilities, or any part thereof. All
bonds shall recite in the body thereof that the principal and interest
thereon are payable solely from the revenues pledged to pay the same and
shall state on their face that it is not an indebtedness of the Authority
or a claim against the property of such Authority.
The bonds shall be executed in the name of the Authority by the Chairman
of the Board of Commissioners or by such other officer of the Authority as
the Board, by resolution, may direct, (or a facsimile signature of such
officer may be imprinted, engraved or otherwise produced thereon) and be
attested by the Secretary, or by such other officer of the Authority as the
Board, by resolution, may direct, and shall be sealed with the Authority's
corporate seal (or a facsimile of the seal may be imprinted, engraved or
otherwise reproduced thereon). The interest coupons attached to such bonds
shall be executed by the facsimile signatures of the persons who shall
execute the bonds. The Chairman and Secretary or other officers of the
Authority executing the bonds shall adopt for their own signatures, their
respective facsimile signatures appearing on such coupons. In case any
officer whose signature appears on the bonds or coupons shall cease to be
such officer before delivery of such bonds, such signature shall
nevertheless be valid and sufficient for all purposes, the same as if said
officer had remained in office until such delivery.
In its discretion, the Railroad Terminal Authority may, from time to
time, as often as it may deem to be advantageous, issue refunding bonds to
refund its bonds prior to their maturity, refund its outstanding matured
bonds, refund matured coupons evidencing interest upon its outstanding
bonds, refund interest at the coupon rate upon its outstanding matured
bonds that has accrued since the maturity thereof, and refund its bonds
which by their terms are subject to call or redemption before maturity. All
bonds redeemed or purchased in accordance with this Act shall forthwith be
cancelled and shall not be again issued.
To secure the payment of any or all revenue bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance of revenue bonds and the issuance of any additional
revenue bonds payable from such revenue income to be derived from (1) the
sale or sales of any property pursuant to this Act, and (2) the operation,
management or use of the terminal, Terminal Facilities or other facilities
acquired or to be acquired by the Authority, the Authority may execute and
deliver a trust agreement or agreements except that no lien upon any
physical property of the Authority shall be created thereby.
The proceeds from the sale of bonds hereunder shall be paid to the
Treasurer of the Railroad Terminal Authority or, in the event that a trust
agreement is executed and delivered by the Authority, then and in such
event, the proceeds from the sale of bonds hereunder shall be paid to the
trustee or trustees specified in any such trust agreement.
The resolution shall provide for the creation of a sinking fund account
into which shall be payable from the revenues of such project, from month
to month as such revenues are collected, such sums in excess of the cost of
maintenance and operation of the project and the costs of administration of
the Authority, as will be sufficient to comply with the covenants of the
bond resolution and sufficient to pay the accruing interest and retire the
bonds at maturity. The Board of Commissioners, in such resolution, may
provide for such other accounts as it may deem necessary for the sale of
the bonds. The monies in said accounts shall be applied in the manner
provided by the resolution, the trust agreement or other contract with the
bondholders.
No bond issued under this Act shall constitute a debt of the Authority
or of the City creating the Authority or of any other public body, but
shall be payable solely from the revenues of the Authority as provided in
this Act.
From and after the issuance of bonds as herein provided it shall be the
duty of the Board of Commissioners to establish and fix rates, rentals,
fees and charges for the use of the terminal, Terminal Facilities or other
facilities, or any part thereof, owned and operated by the Authority, which
when added to the proceeds from the sale of any property pursuant to this
Act and from the income and revenue from any and all leases entered into
between the Authority and the railroad company or companies shall be
sufficient at all times to pay maintenance and operation costs and to pay
the accruing interest and retire the bonds at maturity and to make all
payments to all accounts created by any bond resolution and to comply with
all covenants of any bond resolution. However, the Board of Commissioners
shall not have the duty or be empowered to make any change in any lease or
contract entered into with any railroad company without the prior written
consent of that railroad company.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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