(70 ILCS 1205/Art. 9 heading) ARTICLE NINE.
POWERS (CONTINUED) SWIMMING POOLS--AIRPORT GRANTS--AIRPORTS
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(70 ILCS 1205/9-1) (from Ch. 105, par. 9-1)
Sec. 9-1.
Any park district has the power, subject to the limitations of
Sections 9-1 to 9-1f hereof, inclusive, to acquire, construct and operate
an outdoor or indoor swimming pool, or an artificial ice skating rink, and
other necessary facilities pertinent thereto, and extend or improve such
swimming pool or ice skating rink and facilities, borrow money, and as
evidence thereof to issue its bonds, payable solely from the revenue
derived from the operation thereof. These bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the construction of the swimming pool, or the artificial ice
skating rink, including engineering, legal, and other expenses, together
with interest on the bonds to a date six months subsequent to the estimated
date of completion. The bonds are negotiable instruments and shall be
executed by the president and secretary of the district and countersigned
by the treasurer.
(Source: Laws 1967, p. 2446.)
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(70 ILCS 1205/9-1a) (from Ch. 105, par. 9-1a)
Sec. 9-1a.
Whenever any park district determines to acquire or
construct a swimming pool, or an artificial ice skating rink, or extend
or improve a swimming pool or ice skating rink and facilities, and to
issue bonds under Section 9-1 hereof to pay the cost thereof, its board
shall adopt an ordinance describing in a general way the contemplated
project and refer to plans and specifications therefor. These plans and
specifications shall be filed in the office of the secretary of the
district and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, payable annually or
semi-annually, and all the details in connection with the bonds. The bonds
shall mature within the period of usefulness of the project as determined
by the board. The ordinance may also contain such covenants and
restrictions upon 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. The ordinance shall also pledge the revenue
derived from the operation of the swimming pool, or the artificial ice
skating rink, for the purpose of paying maintenance and operation costs,
providing an adequate depreciation fund, and paying the principal and
interest of the bonds issued hereunder.
After this ordinance has been adopted it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or, if there is no such
newspaper, then in some newspaper having a general circulation in the
county wherein such district or the greater or greatest portion in area
of said district lies, or, if there be no such newspaper, copies of the
ordinance shall be posted in at least 3 public places in the district.
The publication or posting of the ordinance shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the resolution be submitted to the
electors of the district; (2) the time in which the petition must be filed;
and (3) the date of the prospective referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If no valid petition for a referendum is filed with the secretary of the
district within 30 days after the publication or posting of the ordinance,
the ordinance shall be in effect. But if within this 30 day period a
petition is so filed, signed by a number of electors of the district equal
to 10% or more of the registered voters of the district, asking that the
question of constructing and operating such a swimming pool, or an
artificial ice skating rink, and the issuance of such bonds be submitted to
the electors of the district, the board shall certify such question to the
proper election officials, who shall submit that question at an election in
which all of the electors of the district may vote.
The proposition shall be in the following form, or either of them:
Shall the .... Park District issue YES Revenue Bonds for constructing a swimming pool? NO Shall the .... Park District issue YES Revenue Bonds for constructing an artificial ice skating rink? NO
Notice of the referendum shall be given and the referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
constructing and operating the swimming pool, or the artificial ice
skating rink, and the issuance of the bonds, the ordinance shall be in
effect, otherwise, the ordinance shall not go into effect.
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; 87-767.)
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(70 ILCS 1205/9-1b) (from Ch. 105, par. 9-1b)
Sec. 9-1b.
Bonds issued under Section 9-1 hereof shall be payable solely from the
revenue derived from the operation of the swimming pool, or the artificial
ice skating rink, and shall not in any event constitute an indebtedness of
the park district within the meaning of any constitutional or statutory
limitation. It shall be plainly stated on the face of each bond that the
bond has been issued under Sections 9-1 to 9-1f hereof, inclusive, and
that it does not constitute an indebtedness of the park district within any
constitutional or statutory limitation.
The bonds shall be sold in such manner and upon such terms as the board
shall determine. The minimum price at which they may be sold shall be such
that the interest cost to the park district of the proceeds of the bonds
shall not exceed the maximum rate authorized by the
Bond Authorization Act,
as amended at the time of the making of the contract,
computed to maturity,
according to the standard table of bond values.
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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(70 ILCS 1205/9-1c) (from Ch. 105, par. 9-1c)
Sec. 9-1c.
Whenever revenue bonds are issued under Section 9-1 hereof, all
revenue derived from the operation of the swimming pool, or the artificial
ice skating rink, shall be deposited in a separate fund designated as the
"Swimming Pool Fund", or the "Artificial Ice Skating Rink Fund", of the
park district. These funds, or either of them as designated, shall be used
only in paying the cost of operation and maintenance of the swimming pool,
or the artificial ice skating rink, in providing an adequate depreciation
fund, and in paying the principal of and interest upon the revenue bonds of
the district issued under Section 9-1 hereof.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the system. Such a fund shall not be allowed to accumulate beyond a
reasonable amount necessary for the purpose and shall not be used for
extensions to the swimming pool, or the artificial ice skating rink.
(Source: Laws 1963, p. 2784.)
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(70 ILCS 1205/9-1d) (from Ch. 105, par. 9-1d)
Sec. 9-1d.
Each park district which issues bonds and constructs a swimming
pool, or an artificial ice skating rink, under Section 9-1 hereof shall
charge for the use thereof at a rate which at all times is sufficient to
pay maintenance and operation cost, depreciation, and the principal and
interest on the bonds. Such district may make, enact, and enforce all
needful rules and regulations for the construction, acquisition,
improvement, extension, management, maintenance, care and protection of its
swimming pool, or its artificial ice skating rink, and for the use thereof.
Charges or rates for the use of the swimming pool, or the artificial ice
skating rink, shall be such as the board may from time to time determine.
While any bond issued under Section 9-1 hereof is outstanding, such
district is required to maintain and operate its swimming pool, or its
artificial ice skating rink, as long as it can do so, out of the revenue
derived from the operation thereof. It shall not sell, loan,
mortgage, or in any other manner dispose of the swimming pool, or the
artificial ice skating rink, until all of the bonds so issued have been
paid in full, both principal and interest, or until provision has been made
for the payment of all of the bonds and interest thereon in full. Nothing in this
paragraph shall, however, prohibit any park district from leasing any such swimming pool
or artificial ice skating rink to any municipality, school district, or other
unit of local government, or from entering into any other agreement with any municipality, school
district, or other unit of local government by which lease or other agreement such swimming pool
or artificial ice skating rink may be operated and/or used in whole or in part by or for such
municipality, school district or other unit of local government, where such lease or other
agreement is not prohibited by the terms of such revenue bonds or the ordinance of the
park district authorizing them and where the revenues of the park district derived
from such lease or other agreement are deposited in the fund required by Section
9-1c hereof in connection with such revenue bonds.
Such a park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of its
swimming pool, or its artificial ice skating rink. At least once each year,
the district shall have the accounts properly audited. A report of this
audit shall be open for public inspection at all times.
(Source: P.A. 79-356.)
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(70 ILCS 1205/9-1e) (from Ch. 105, par. 9-1e)
Sec. 9-1e.
The holder of any bond or of a coupon of any bond issued under
Section 9-1 hereof in any civil action, mandamus, injunction or other
proceeding, may
enforce and compel performance of all duties required by Sections 9-1 to
9-1d hereof, inclusive. This shall include the duties of establishing and
collecting sufficient rates or charges for the use of the swimming pool, or
the artificial ice skating rink, for the purposes specified in Section 9-1d
hereof, and the application of the revenue thereof as provided by
Section 9-1c hereof.
(Source: P.A. 83-345.)
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(70 ILCS 1205/9-1f) (from Ch. 105, par. 9-1f)
Sec. 9-1f.
Revenue bonds to construct swimming pools, or artificial ice
skating rinks, issued by park districts payable solely from revenue derived
from the operation thereof, under any prior act shall be treated as having
been issued under Sections 9-1 to 9-1e hereof, inclusive.
(Source: Laws 1963, p. 2784.)
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(70 ILCS 1205/9-2) (from Ch. 105, par. 9-2)
Sec. 9-2.
Every park district is authorized to acquire by purchase or
condemnation under power of eminent domain, or lease, real estate, in
whole or in part, either within or without the corporate limits of said
park district for the purpose of establishing or expanding for said district an
airport and landing field for aircraft, and to provide hangars, shops,
and other necessary equipment and appurtenances therefor usually
incident to the operation of an airport, and to maintain and operate the
same.
(Source: P.A. 81-768.)
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(70 ILCS 1205/9-2a) (from Ch. 105, par. 9-2a)
Sec. 9-2a.
Whenever any park district determines to acquire real estate
for the purposes of Section 9-2, it may borrow money, and as evidence thereof
issue its bonds payable solely from revenue other than the taxes specified
in Section 9-2b. These bonds may be issued, as provided in this Section,
in such amounts as may be necessary to provide sufficient amounts to pay
all the costs of construction or expansion of the airport and landing field,
including the engineering, legal, and other expenses,
together with interest on the bonds to a date 6 months subsequent to the
estimated date of completion and initial funding of required bond reserve
funds. The bonds are negotiable instruments and shall be executed by the
president and secretary of the district and countersigned by the treasurer
of the district.
Whenever any park district determines to establish or expand for said district
an airport and landing field for aircraft as provided in Section
9-2 of this Code, and to issue revenue bonds under this Section 9-2a to
pay the cost thereof, its board shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor. These plans and specifications shall be filed in the office of
the secretary of the district and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project, determine
the period of usefulness thereof, fix the amount of revenue bonds to be
issued, the maturities thereof, the interest rate, which shall not exceed
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, or (ii) 8% per annum payable annually
or semi-annually,
and all the
details in connection
with the bonds. The bonds shall mature within the period of usefulness
of the project as determined by the board. The ordinance may also contain
such covenants and restrictions upon 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. The ordinance shall also
pledge the revenue derived from the operation of the airport and landing
field, for the purpose of paying maintenance and operation costs, providing
an adequate depreciation fund, and paying the principal and interest of
the bonds issued hereunder.
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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(70 ILCS 1205/9-2b) (from Ch. 105, par. 9-2b)
Sec. 9-2b.
Upon the petition signed by voters equal in number to not
less than 2% of the votes received by the park commissioners who received
the greatest number of votes at the last election of any park
district or upon the order of the board of any park district, the
question of the levy of an additional annual tax to provide revenue for
the purpose of acquiring, constructing, maintaining and operating
airports and landing fields for aircraft shall be submitted to the
voters of the park district at a regular election in the
district.
The proposition for the levy of an additional annual tax in the park
district shall be substantially in the following form:
For an additional annual tax levy for the .... Park District (naming
it) to the amount of .... per cent of the value of all taxable property
in the district for purposes of acquiring, constructing, maintaining,
and operating airports, and landing fields for aircraft.
Against an additional annual tax levy for the .... Park District
(naming it) to the amount of .... per cent of the value of all taxable
property in the district for the purposes of acquiring, constructing,
maintaining, and operating airports, and landing fields for aircraft.
Notice of the referendum shall be given and the referendum conducted in
the manner provided by the general election law. If a majority of the
votes cast upon such proposition are in favor of the additional tax levy
as stated in the proposition, the tax shall be levied and collected in
the same manner as other taxes are levied and collected. The tax shall
not exceed the rate of .075% of the value, as equalized or assessed by
the Department of Revenue, of all taxable property in
such district.
The tax shall be in addition to all other taxes authorized by law to
be levied and collected in the district and shall not be included in any
limitation of rate contained in this code or any other law but shall be
excluded therefrom and be in addition thereto and in excess thereof. The
board of a park district whose power to levy taxes for the purposes of
acquiring, constructing, maintaining and operating airports and landing
fields for aircraft on July 1, 1967, is set at a rate less than .05%
may, without referendum, increase that rate by not more than .03%
applicable after July 1, 1967, but the maximum rate may not be raised
above .05%. However after July 28, 1969, the board of any park district
having the power to levy a tax under this Section may, without
referendum, increase the rate of that tax to .075% when it considers
that increase necessary for the purpose of financing such maintenance,
improvement or replacement of its airport facilities and landing fields
as are required to conform to the standards of the Department of
Transportation or of any appropriate federal agency relating to a State or
federal airports plan or airways system.
(Source: P.A. 81-1550.)
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(70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)
Sec. 9-2c.
Whenever the proposition is submitted to the voters of any
park district to levy a tax for the purpose of acquiring, constructing,
maintaining, and operating airports and landing fields for aircraft as
provided in Section 9-2b, and a majority of the votes cast upon the
proposition is in favor of the levy of such tax, the board of any such
park district may provide that bonds of such park district be issued for
the purpose of acquiring and constructing airports and landing fields
for aircraft, or for the purpose of improving and extending such
facilities when constructed. The bonds shall be authorized by ordinance
of the board, shall mature serially in not to exceed 20 years from their
date, and bear such rate of interest as the board may determine, not,
however, to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, payable
semi-annually, and shall be sold by the board as it may determine but for
not less than the par value thereof and accrued interest. The bonds shall
be signed by the president (or such official as the board may designate)
and secretary and countersigned by the treasurer with the corporate seal of
the district affixed. The bonds shall be authorized by the board of the
district by ordinance which shall fix all the details of the bonds and
provide for a levy of a tax sufficient to pay the principal of and interest
on the bonds as they mature. A certified copy of the ordinance shall be
filed in the office of the clerk of the county wherein the park district is
situated, and the county clerk shall extend a tax sufficient to pay the
principal of and interest on the bonds as they mature without limitation as
to rate or amount, and the county clerk shall reduce the tax rate levied by
the district pursuant to Section 9-2b by the amount of the rate extended
for payment of principal and interest of the bonds. The clerk shall extend
the tax as provided in Section 6-6. If the rate necessary to be extended
for the payment of principal and interest of the bonds exceeds the rate
authorized to be levied by the district, pursuant to Section 9-2b, then the
rate of tax for the payment of bonds and interest only shall be extended.
Where the district is situated in more than one county the tax shall be
certified, apportioned and levied as provided in Section 5-4.
Notwithstanding the foregoing, after July 28, 1969, any park district may
issue bonds under this Section for the purpose of maintaining, improving or
replacing its existing airport facilities or landing fields to the extent
required to conform to the standards of the Department of Transportation or
of any appropriate federal agency relating to a State or federal airports
plan or airways system. If such bonds are issued the tax levied for the
payment of principal and interest of the bonds as they mature shall be in
addition to that levied by the district under Section 9-2b and the county
clerk shall extend both taxes accordingly. The aggregate principal amount
of bonds issued under this Section that may be outstanding at any time may not
exceed 1/2 of 1% of the aggregate valuation of all taxable property within
the district, as equalized or assessed by the Department of Revenue. No bond
ordinance may take effect nor may bonds be issued thereunder if the amount
of bonds taken with the outstanding principal indebtedness under this Section
exceeds the 1/2 of 1% limit unless the question of whether such additional
bonds shall be issued is submitted to the legal voters of the district, in
the manner provided by Section 6-4, and a majority of those voting on the
proposition vote in favor thereof. In no event may the principal aggregate
amount of any bonds issued under such ordinance exceed, together with the
principal amount of bonds previously issued under this Section and then
outstanding, 1 1/4% of the aggregate valuation of all taxable property
within the district, as equalized or assessed by the Department of Revenue.
Bonds issued under this Section are not a part of the existing
indebtedness of a park district for purposes of Article 6 of this Code.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this 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. 100-201, eff. 8-18-17.)
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(70 ILCS 1205/9-2d) (from Ch. 105, par. 9-2d)
Sec. 9-2d.
A park district in counties with a population of less than
200,000 inhabitants may sell or lease park district property
to a hospital provided that prior to such transaction:
(1) a public hearing on the issue is held after one notice is given in
a newspaper of general circulation in the park district at least 7 days
before the meeting; and
(2) the value of the property sought to be sold or leased is determined
by 2 independent appraisals.
(Source: P.A. 81-768.)
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(70 ILCS 1205/9-3) (from Ch. 105, par. 9-3)
Sec. 9-3.
Nothing contained in this code shall be deemed to repeal "An
Act to enable park commissioners, park boards, or boards of park
commissioners to grant, convey or release lands and rights to cities and
villages for airport uses and purposes", approved July 11, 1935, but said
act shall be available to and the rights and powers thereunder shall remain
vested in all park districts under this code.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/9-4) (from Ch. 105, par. 9-4)
Sec. 9-4.
Nothing contained in this code shall be deemed to repeal "An
Act to allow the Commissioners of any Park District which has adopted or
may hereafter adopt 'An Act authorizing Park Districts to acquire,
establish, construct, maintain and operate airdromes, airports, and landing
fields for aircraft, and authorizing the exercise of the power of eminent
domain and permitting the levy of a tax therefor', approved June 24, 1929,
to adopt zoning ordinances for the safe operation of such airport,
airdrome, or landing field", approved July 25, 1939, but said act shall
be available to and all the powers, rights and duties therein shall remain
and be vested in all park districts under this code.
(Source: Laws 1951, p. 113.)
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