(70 ILCS 200/Art. 1 heading) ARTICLE 1.
SHORT TITLE
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(70 ILCS 200/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the Civic Center Code.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 2 heading) ARTICLE 2.
STANDARD CIVIC CENTER PROVISIONS
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(70 ILCS 200/2-1)
Sec. 2-1.
Scope of Article.
This Article sets forth standard provisions
that apply to a civic center authority only when the specific Section of this
Article is incorporated by reference into the Article authorizing that civic
center.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-3)
Sec. 2-3.
Purpose.
The purpose of this Article is to accomplish the aims
of the State
of Illinois to enhance the ability of its citizens to avail themselves of
civic and cultural centers geographically situated throughout the entire
State of Illinois.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-5)
Sec. 2-5.
Definitions.
In this Article:
"Authority" means the Authority as defined in the Article creating the
Authority, except that in the case of provisions incorporated by reference
into Article 25, in the context of that incorporation by reference "Authority"
means the Committee as defined in Article 25.
"Governmental agency" means the federal government, the State, any
unit of local government or school district, and any agency or
instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, company, association or joint stock association; and includes
any trustee, receiver, assignee or personal representative thereof.
"Board" means the governing and administrative body of the Authority as
defined in the Article creating the Authority, except that in the case of
provisions incorporated by reference into Article 25, in the context of that
incorporation by reference "Board" means the Committee as defined in Article
25.
"Metropolitan area", for an Authority created under this Act, means the
metropolitan area for the Authority as defined in the Article creating the
Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-10)
Sec. 2-10.
Lawsuits; common seal.
(a) The Authority may sue and be sued in its corporate name but
execution
shall not in any case issue against any property of the Authority.
(b) The Authority may
adopt a common seal and change the same at its pleasure.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-15)
Sec. 2-15.
Duties; auditorium, recreational, and other buildings; lease of
space.
It shall be the duty of the Authority to promote, operate and
maintain expositions, conventions, and theatrical, sports and cultural
activities
from time to time in the metropolitan area and in connection therewith to
arrange, finance and maintain industrial,
cultural, educational, theatrical, sports, trade and scientific exhibits
and to construct, equip
and maintain auditorium, exposition, recreational and office buildings for
such purposes.
The provision of office space for lease and rental and the lease of air
space over and appurtenant to such structures shall be deemed an integral
function of the Authority.
The Authority is granted all rights and powers
necessary to perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-16)
Sec. 2-16.
Duties; auditorium and other buildings; lease of space.
It
shall be the duty of the Authority to promote, operate and maintain
expositions, conventions, and theatrical, sports and cultural activities from
time to time in the metropolitan area and in connection therewith to
arrange, finance and maintain industrial, cultural, educational,
theatrical, sports, trade and scientific exhibits and to construct, equip
and maintain auditorium, exposition and office buildings for such purposes.
The provision of office space for rental and lease and the lease of air
space over and appurtenant to such structures shall be deemed an integral
function of the Authority.
The Authority is granted all rights and powers
necessary to perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-17)
Sec. 2-17.
Duties; auditorium and other buildings.
It shall be the duty of
the Authority to promote, operate and maintain
expositions, conventions, or theatrical, sports or cultural activities from
time to time in the metropolitan area and in connection therewith to
arrange, finance and maintain industrial, cultural, educational,
theatrical, sports, trade or scientific exhibits and to lease or construct,
equip
and maintain auditoriums, exposition buildings or office buildings for such
purposes.
The Authority is granted all rights and powers
necessary to perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-20)
Sec. 2-20. Rights and powers, including eminent domain. The Authority
shall have the following
rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any other
way acquire, improve, extend, repair, reconstruct, regulate, operate, equip
and maintain exhibition centers, civic auditoriums, cultural facilities
and office buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange and finance fairs, industrial, cultural, educational, trade
and scientific exhibits, shows and events and to use or allow the use
of such grounds, centers, and auditoriums
for the holding of fairs, exhibits, shows and events whether conducted
by the Authority or some other person
or governmental agency;
(c) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and facilities
in the
manner provided for the exercise of the right of eminent domain under the Eminent Domain Act;
(d) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds, centers,
buildings and
auditoriums and admission charges to fairs, shows, exhibits and events
sponsored
or held by the Authority. The charges collected may be made available
to defray the reasonable expenses of the Authority and to pay the principal
of and the interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with the objects and
purposes of this Article.
Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07.)
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(70 ILCS 200/2-21)
Sec. 2-21.
Rights and powers.
The Authority shall have the following
rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair or exposition grounds, convention or exhibition
centers, civic auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the Authority or
some other person or governmental agency.
(d) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums, and to collect admission charges to fairs,
shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-25)
Sec. 2-25.
Incurring obligations.
The Authority shall not incur any
obligations for salaries or for office or administrative expenses except
within the amounts of funds that will be available to it when such
obligations become payable.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-30)
Sec. 2-30.
Prompt payment.
Purchases made under this Article shall be
made in compliance with the Local Government Prompt Payment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-35)
Sec. 2-35.
Acquisition of property from person, State, or local agency.
The
Authority shall have power (i) to
acquire and accept by purchase, lease, gift or otherwise any property or
rights useful for the Authority's purposes from any person or persons, from
any municipal corporation, body politic, or agency of the State, or from the
State itself, (ii) to
apply for and accept grants, matching grants, loans or
appropriations from the State of Illinois or any agency or instrumentality
thereof to be used for any of the purposes
of the Authority, and (iii) to enter into any agreement with the State of
Illinois in relation to such grants, matching grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-36)
Sec. 2-36.
Acquisition of property from person or governmental agency.
The Authority shall have the power (i) to acquire and accept by
purchase,
lease, gift or otherwise any property or rights from any person
or governmental agency
useful for its purposes, (ii) to apply for and accept
grants, matching grants, loans or appropriations from the State of Illinois
or any agency or instrumentality thereof to be used for any of the purposes
of the Authority, and (iii) to enter into any agreement with the State of
Illinois in relation to such grants, matching grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-40)
Sec. 2-40.
Federal money.
The Authority shall have the power (i) to
apply for
and accept grants, matching grants, loans or appropriations from the
federal government or any agency or instrumentality
thereof to be used for any of the purposes of the Authority and (ii) to
enter into any agreement with the federal government in relation to such
grants, matching grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-45)
Sec. 2-45.
Insurance.
The Authority shall have the power to procure and
enter
into
contracts for any type of insurance and indemnity against loss or damage to
property from any cause, against loss of use and occupancy, against employers'
liability, against any act of any member, officer, or employee of the Board
or Authority in the performance of the duties of the office or
employment, and against any other insurable risk.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-50)
Sec. 2-50.
Borrowing; revenue bonds; suits to compel performance.
The Authority shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an ordinance
adopted by the Board, from time to time issue and dispose of its
interest bearing revenue bonds, and may also from time to time issue and
dispose
of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely
from the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates not exceeding the maximum rate
permitted by the Bond Authorization Act, may be in such form, may
carry such registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to redemption
in such manner and upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner, and may contain
such terms and covenants, all as may be provided in said ordinance.
In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office, his
signature shall nevertheless be valid and effective for all purposes. The
holder or holders of any bonds or interest coupons appertaining thereto issued
by the
Authority may bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, to compel the Authority or
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or employees
from taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
From and after the issuance of any bonds as herein provided
it shall be the duty of the corporate authorities of the Authority to
fix and establish rates,
charges, rents, and fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the sale of said
bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon
as they shall become due, and all sinking fund requirements and other
requirements provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to secure payment
thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any additional
bonds payable from such revenue income to be derived from the fairs,
recreational, theatrical, and cultural expositions, sports activities,
exhibitions, office rentals, and air space leases and rentals and from other
revenue, if any, the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property of the
Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust agreement
by
the Authority may be by mandamus proceedings in any court of competent
jurisdiction to compel performance and compliance therewith, but the trust
agreement
may prescribe by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a
unit after advertising for bids at least 3 times in a daily newspaper of
general circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed, filed and
opened as provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority shall have the
right to
reject all bids and to readvertise for bids in the manner provided for in
the initial advertisement. However, if no bids are received such bonds may
be sold at not less than par value, without further advertising, within 60
days after the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-51)
Sec. 2-51.
Borrowing; revenue bonds; mandamus or other actions to compel
performance. The Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any, received and to be received by the
Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates,
not exceeding the maximum rate permitted by
the Bond Authorization Act,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto, issued by the
Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, to compel the Authority and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and operating
the
facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions or
proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-52)
Sec. 2-52.
Borrowing; revenue bonds; interest payable semi-annually; bond
sale price; effect of Omnibus Bond Acts. The Authority shall have continuing
power to borrow money for
the purpose of carrying out and performing its duties and exercising its
powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, payable semi-annually, may be in such form, may
carry such registration privileges, may be executed in such manner, may be
payable at such place or places, may be made subject to redemption in such
manner and upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case any officer
whose signature appears on any bond ceases (after attaching his signature)
to hold office, his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring mandamus,
injunction, or other civil actions or proceedings to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, to compel the Authority and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-55)
Sec. 2-55.
Bonds; nature of indebtedness.
Under no circumstances shall
any bonds issued by the Authority be or become an indebtedness or
obligation of the State of Illinois or of any political subdivision of or
municipality within the State, nor shall any such bond or obligation be or
become an indebtedness of the Authority within the purview of any
constitutional limitation or provision, and it shall be plainly stated on the
face of each such bond that it does not constitute such an indebtedness or
obligation but is payable solely from the revenues or income as provided
in this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-60)
Sec. 2-60.
Investment in bonds.
The State and all counties, cities,
villages, incorporated towns and other municipal corporations, political
subdivisions and public bodies, and public officers of any thereof; all
banks, bankers, trust companies, savings banks and institutions, building
and loan associations, savings and loan associations, investment companies
and other persons carrying on an insurance business; and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or
within their control in any bonds issued pursuant to this Article, it being the
purpose of this Section to authorize the investment in such bonds of all
sinking, insurance, retirement, compensation, pension and trust funds,
whether owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may be construed as
relieving any person from any
duty of exercising reasonable care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-65)
Sec. 2-65.
Bonds other than revenue bonds.
No bonds, other than revenue bonds issued pursuant to Section 2-50,
shall be issued by the Authority until the proposition to issue the bonds
has been submitted to and approved by a majority of the voters of the
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order the
proposition submitted at a regular election in accordance with the
general election law, whereupon the recording officer shall certify the
resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds under this Section
shall be in substantially the following form:
Shall bonds of the (name of Authority) to the amount | ||
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The votes shall be recorded as "Yes" or "No".
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-70)
Sec. 2-70.
Tax.
If a majority of the voters of the metropolitan area
approve the issuance of bonds as provided in Section 2-65,
the Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Upon the filing of the ordinance the county
clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-75)
Sec. 2-75.
Board members; financial matters; conflict of interest.
The members of the Board shall serve without compensation, but shall be
reimbursed for actual expenses incurred by them in the performance of their
duties.
No member of the Board or employee of
the Authority shall have any
private financial interest, profit or benefit in any contract, work or
business of the Authority or in the sale or lease of any property to or
from the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-76)
Sec. 2-76.
Board members; financial matters; compensation for secretary or
treasurer; conflict of interest.
The members of the Board shall serve without compensation, but shall be
reimbursed for actual
expenses incurred by them in the performance of their duties. However, any
member of the Board who is appointed to the office of secretary or
treasurer may receive compensation for his or her services as such officer.
No member of the Board or employee of the Authority shall have any private
financial interest, profit or benefit in any contract, work or business of
the Authority or in the sale or lease of any property to or from the
Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-80)
Sec. 2-80.
Board members' oath.
Within 30 days after certification of appointment, and before entering upon
the duties of office, each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of the Secretary of
State.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-83)
Sec. 2-83.
Removal of Board member from office.
The appointing officer may remove any member of the Board appointed by the
officer, in
case of incompetency, neglect of duty, or malfeasance in office, after
service on the member, by registered United States mail, return requested, of a
copy of the written charges against the member and an opportunity to be
publicly
heard in person or by counsel in the member's own defense upon not less than 10
days' notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-85)
Sec. 2-85.
Board members; vacancy in office.
Members of the Board shall hold office
until their respective successors have been appointed and qualified.
Any member may resign from office; the resignation takes effect when the
member's successor has been appointed and has qualified.
In case of
failure to qualify within the time
required, abandonment of office, death, conviction of a felony or removal
from office, a member's office shall become vacant. Each vacancy shall be
filled for the unexpired term by appointment in like manner as in the case of
expiration of the term of a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-90)
Sec. 2-90.
Organization of the Board.
As soon as practicably
possible after the appointment of the initial members, the Board shall
organize for the transaction of business, select a chairman and a temporary
secretary from its own number, and adopt by-laws and regulations to govern
its proceedings. The initial chairman and his successors shall be
elected by the Board from time to time for the term of the chairman's office as
a member of the Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-95)
Sec. 2-95.
Meetings; action by 5 Board members.
Regular meetings of the
Board shall be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board.
Five members of the Board shall constitute a quorum for the
transaction of business. All actions of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution.
All ordinances, resolutions and proceedings of the Authority and all
documents and records in its
possession shall be public records, and open to public inspection, except
such documents and records as shall be kept or prepared by the Board for
use in negotiations, actions or proceedings to which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-96)
Sec. 2-96.
Meetings; action by 4 Board members.
Regular meetings of the
Board shall be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board.
Four members of the Board shall constitute a quorum for the
transaction of business. All actions of the Board shall be by ordinance
or resolution and the affirmative vote of at least 4 members shall be
necessary for the adoption of any ordinance or resolution.
All ordinances, resolutions and proceedings of the Authority and all
documents and records in its
possession shall be public records, and open to public inspection, except
such documents and records as shall be kept or prepared by the Board for
use in negotiations, actions or proceedings to which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-97)
Sec. 2-97.
Board meetings; public records.
Regular meetings of the Board
shall be held at least once in each
calendar month, the time and place of such meetings to be fixed by the
Board.
All ordinances,
resolutions and proceedings of the Authority and all documents and
records in its possession shall be public records, and open to public
inspection, except such documents and records as shall be kept or prepared
by the Board for use in negotiations, actions or proceedings to which the
Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-100)
Sec. 2-100.
Secretary; treasurer.
The Board shall appoint a secretary
and a treasurer, who need not be members of the Board, to hold office
during the pleasure of the Board and shall fix their duties and
compensation. Before entering upon the
duties of their respective offices
they shall take and subscribe the constitutional
oath of office, and the
treasurer shall execute a bond with corporate sureties to be approved by
the Board. The bond shall be payable to the Authority in whatever penal
sum may be directed upon the faithful performance
of the duties of the office and the payment of all money received by the
treasurer according to law and the orders of the Board. The Board may, at
any time, require a new bond from the treasurer in a penal sum as may then be
determined by the Board.
The obligation of the sureties shall not
extend to any loss sustained by the insolvency, failure or closing of any
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a depositary for those
funds. The oaths of office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-101)
Sec. 2-101.
Secretary; treasurer; funds deposited in bank or savings and
loan association. The Board shall appoint a secretary and a treasurer, who need
not be
members of the Board, to hold office during the pleasure of the Board and
shall fix their duties and compensation. Before entering upon the duties of
their
respective offices they shall take and subscribe the constitutional oath of
office, and the treasurer shall execute a bond with corporate sureties to
be approved by the Board. The bond shall be payable to the Authority in
whatever penal sum may be directed upon the faithful performance of the
duties of the office and the payment of all money received by the treasurer
according
to law and the orders of the Board. The Board may, at any time, require a
new bond from the treasurer in such penal sum as may then be determined by
the Board. The obligation of the sureties shall not extend to any loss
sustained by the insolvency, failure or closing of any savings and loan
association or national or State
bank wherein the treasurer has deposited funds if the bank or savings
and loan association has been
approved by the Board as a depository for those funds. The oaths of office
and the treasurer's bond shall be filed in the principal office of the
Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-105)
Sec. 2-105.
Funds.
All funds deposited by the treasurer in
any bank shall be placed in the name of the Authority and
shall be withdrawn or paid out only by check or draft upon
the bank, signed by the treasurer and countersigned by the
chairman of the Board. The Board may designate any of its
members or any officer or employee of the Authority to affix
the signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of salaries
or wages and for payment of any other obligation of not more than $2,500.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-106)
Sec. 2-106.
Funds; compliance with Public Funds Investment Act.
All funds
deposited by the treasurer in any bank or savings
and loan association
shall be placed in the
name of the Authority and shall be withdrawn or paid out only by check or
draft upon the bank or savings and loan association, signed by the treasurer
and countersigned by the
chairman of the Board. The Board may designate any of its members or any
officer or employee of the Authority to affix the signature of the chairman
and another to affix the signature of the treasurer to any check or draft
for payment of salaries or wages and for payment of any other obligation of
not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-110)
Sec. 2-110.
Signatures on checks or drafts.
In case any officer whose
signature appears upon any
check or draft issued pursuant to this Article ceases to hold office after
attaching his or her signature and before the delivery of the check or
draft to the payee, that signature nevertheless shall be valid and
sufficient for all purposes with the same effect as if the officer had
remained in office until delivery.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-115)
Sec. 2-115.
General manager; other appointments.
The Board may
appoint a general manager who shall be a
person of recognized ability and business experience,
to hold office during
the pleasure of the Board. The general manager shall have management of
the properties and business of the Authority and of the employees thereof
subject
to the general control of the Board, shall direct the enforcement
of all ordinances, resolutions, rules and regulations of the Board, and
shall perform such other duties as may be prescribed from time to time by the
Board.
The Board may appoint a general attorney and a chief engineer
and shall provide for the appointment of such other officers, attorneys,
engineers, planners, consultants, agents and employees as may be necessary.
The Board shall define their duties and require bonds of such of them as the
Board may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to this Section shall be
exempt from taking and subscribing any oath of office and shall not be
members of the Board.
The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys, planners,
consultants, agents and employees shall be fixed by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-120)
Sec. 2-120.
Ordinances, rules, and regulations; fines and penalties.
The
Board shall have power to pass all ordinances and make all rules and
regulations proper or necessary to carry into effect the powers granted to
the Authority, with such fines or penalties as may be deemed proper. All
fines and penalties shall be imposed by ordinance, which shall be published
in a newspaper of general circulation published in the metropolitan area.
No such ordinance imposing a fine or penalty shall take effect until 10 days
after its publication.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-122)
Sec. 2-122.
Rules and regulations; penalties.
The Board shall have power
to make all rules and regulations
proper or necessary to carry into effect the powers granted to the
Authority, with such penalties as may be deemed proper.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-125)
Sec. 2-125.
Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
All contracts for the sale of property of the value of more
than $10,000 or for a concession in or lease of property,
including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed $10,000, shall be let to the
lowest responsible bidder after advertising for bids, excepting (1) when
repair parts, accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing,
the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the public.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is empowered to
offer such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the Board may take
into account the past record of dealings with the bidder, the bidder's
experience, adequacy of equipment, and ability to complete performance
within the time set, and other factors besides financial responsibility, but
in no case shall any such contracts be awarded to any other than the highest
bidder (in case of sale, concession or lease) or the lowest bidder (in
case of purchase or expenditure) unless authorized or approved by a vote of
at least 5 members of the Board, and unless such action is accompanied by a
statement in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be, which
statement shall be kept on file in the principal office of the Authority
and open to public inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise
for bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the
advertisement, shall be received, the Board may award such contract without
competitive bidding, provided that it shall not be less advantageous to the
Authority than any valid bid received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/2-126)
Sec. 2-126.
Contracts; award to other than highest or lowest bidder by
vote
of 4 Board members. All contracts for the sale of property of the value
of more
than $10,000 or for a concession in or lease of property including air rights,
of the Authority for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000, shall be let to the lowest
responsible bidder, after
advertising for bids, excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished
or contracted for; (2) when the nature of the services required is such
that competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents of construction,
and others possessing a high degree of skill; and (3) when services such as
water, light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive bidding
to the lowest responsible bidder whenever possible, and in any event in
a manner calculated to ensure the
best interests of the public. Competitive bidding is not required for the
lease of real estate or buildings owned or controlled by the Authority.
The Board is empowered to offer such leases upon such terms as it deems
advisable.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's experience,
adequacy
of equipment, and ability to complete performance within the time set, and
other
factors besides financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or expenditure)
unless authorized or approved by a vote of at least 4 members of the Board,
and unless such action is accompanied by a statement in writing setting
forth the reasons for not awarding the contract to the highest or lowest
bidder, as the case may be, which statement shall be kept on file in the
principal office of the Authority and open to public inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of materials,
supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received pursuant
to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions
of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/2-127)
Sec. 2-127.
Contracts; award to other than highest or lowest bidder by
four-fifths vote. All contracts for sale of property of the value of more than
$10,000, or
for a concession in or lease of property, including air rights, of the
Authority for a term of more than one year, shall be awarded to the highest
responsible bidder, after advertising for bids. All construction contracts
and contracts for supplies, materials, equipment and services, when the
expense thereof will exceed $10,000, shall be let to the lowest responsible
bidder, after advertising for bids, except: (1) when repair parts,
accessories, equipment or services are required for equipment or services
previously furnished or contracted for; (2) when the nature of the services
required is such that competitive bidding is not in the best interest of
the public, including, without limiting the generality of the foregoing,
the services of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat, power, telephone or
telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's experience,
adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contract be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/2-128)
Sec. 2-128.
Contracts; award to other than highest or lowest bidder by
three-fourths vote. All contracts for the sale of property of the value of more
than $10,000 or for any concession in or lease of property of the Authority
for a term of more than one year shall be awarded to the highest responsible
bidder, after advertising for bids. All construction contracts and contracts
for supplies, materials, equipment and services, when the expense thereof
will exceed $10,000, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished
or contracted for; (2) when the nature of the services required is such
that competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents of construction,
and others possessing a high degree of skill; and (3) when services such as
water, light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive bidding
whenever possible, and in any event in a manner calculated to ensure the
best interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's experience,
adequacy of
equipment, and ability to complete performance within the time set, and other
factors besides financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or expenditure)
unless authorized or approved by a vote of at least three-fourths of the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be selected
in the following manner: to all bids for sales the gross receipts of which
are not taxable under the "Retailers' Occupation Tax Act", approved June
28, 1933, as amended, there shall be added an amount equal to the tax which
would be payable under said Act, if applicable, and the lowest in amount
of said adjusted bids and bids for sales the gross receipts of which are
taxable under said Act shall be considered the lowest bid; provided, that,
if said lowest bid relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original bid not adjusted
as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section,
and all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his
bid with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of materials,
supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received pursuant
to advertisement.
The Board shall adopt rules and regulations to carry into effect the provisions
of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/2-130)
Sec. 2-130.
Bids and advertisements.
Advertisements for bids shall be published at least twice in
a daily newspaper of general circulation published in the metropolitan
area, the last publication to be at least 10 calendar days before the time
for receiving bids, and such advertisements shall also be posted on readily
accessible bulletin boards in the principal office of the Authority.
Such advertisements shall state the time and place for receiving and
opening bids and, by reference to plans and specifications on file at the
time of the first publication, or in the advertisement itself, shall
describe the character of the proposed contract in sufficient detail to
fully advise prospective bidders of their obligations and to ensure free
and open competitive bidding.
All bids in response to advertisements shall be sealed and shall be
publicly opened by the Board, and all bidders shall be entitled to be
present in person or by representatives. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids, shall be
required with the proposal of each bidder. Bond for faithful performance
of the contract with surety or sureties satisfactory to the Board and
adequate insurance may be required in reasonable amounts to be fixed by the
Board before advertising for bids.
The contract shall be awarded as promptly as possible after the opening
of bids. The bid of the successful bidder, as well as the bids of the
unsuccessful bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the terms of any
bid in response to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-132)
Sec. 2-132.
Bidders; civil action to compel compliance.
Any bidder who has
submitted a bid in compliance with the requirements
for bidding may bring a civil action in the circuit court in the county
in which the metropolitan area is located to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-135)
Sec. 2-135.
Report and financial statement.
As soon after the end of
each fiscal year as may be expedient, the Board shall cause to be prepared
and printed a complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably sufficient
number of copies of such report shall be printed for distribution to persons
interested upon request and a copy thereof shall be filed with the
county clerk and the appointing officers.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-140)
Sec. 2-140.
State financial support.
The Authority
created by this Article shall receive financial support from the State in the
amounts
provided for in Section 4 of the Metropolitan Civic Center Support Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-145)
Sec. 2-145.
Antitrust laws.
The Authority is expressly made the
beneficiary of the provisions of Section 1 of the Local Government Antitrust
Exemption Act, and the General Assembly intends that the "State action
exemption" to the application of the federal antitrust laws be fully
available to the Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this Article or other
Illinois law or (2) within traditional areas of local governmental activity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-150)
Sec. 2-150.
Tax exemption.
All property of the Authority shall be
exempt from taxation by the State or any taxing unit therein.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/2-155)
Sec. 2-155.
Partial invalidity.
If any provision of this Article is held
invalid such provision shall be
deemed to be excised from this Article and the invalidity thereof shall not
affect any of the other provisions of this Article. If the application of any
provision of this Article to any person or circumstance is held invalid it
shall not affect the application of such provision to such persons or
circumstances other than those as to which it is held invalid.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/2-160) Sec. 2-160. Buildings available for emergency purposes. The Authority shall make buildings of a civic center organized under this Code available for emergency purposes upon the request of the Illinois Emergency Management Agency, a State-accredited emergency management agency with jurisdiction, or the American Red Cross. The Authority shall cooperate in all matters with the Illinois Emergency
Management Agency, local emergency management agencies, a State-accredited emergency management agency with jurisdiction, local public health departments, the American Red Cross, and
federal agencies concerned with emergency preparedness and response.
(Source: P.A. 98-308, eff. 8-12-13.) |
(70 ILCS 200/2-165) Sec. 2-165. Cessation of authority organization. (a) Notwithstanding any other provision of law, if a majority vote of the Board is in favor of the proposition to annex the authority to another authority whose boundaries are contiguous, or consolidate the authority into a municipality with which the authority is coterminous or substantially coterminous, or consolidate the authority into the county in which the authority sits, and if the governing authorities of the governmental unit assuming the functions of the former authority agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed authority, then the authority shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the authority shall vest in and be assumed by the governmental unit assuming the functions of the former authority. The employees of the former authority shall be transferred to the governmental unit assuming the functions of the former authority. The governmental unit assuming the functions of the former authority shall exercise the rights and responsibilities of the former authority with respect to those employees. The status and rights of the employees of the former authority under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act. (b) Notwithstanding the provisions of Section 2-1 of this Code, the provisions of this Section apply to all Civic Center Authorities created under this Code.
(Source: P.A. 98-1002, eff. 8-18-14.) |
(70 ILCS 200/Art. 5 heading) ARTICLE 5.
ALEDO CIVIC CENTER
|
(70 ILCS 200/5-1)
Sec. 5-1.
Short title.
This Article may be cited as the Aledo Civic Center
Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-5)
Sec. 5-5.
Definitions.
When used in this Article:
"Authority" means the Aledo Civic Center Authority.
"Board" means the governing and administrative body of the Aledo Community
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of Mercer Township in the County of Mercer.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-10)
Sec. 5-10.
Authority created; principal office.
There is created a political
subdivision, body politic
and municipal corporation by the name and style of the Aledo Community Center
Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of Aledo.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-15)
Sec. 5-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Aledo Civic
Center Authority Board. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-20)
Sec. 5-20.
Board members appointed.
Within 60 days
after
September 3, 1985 (the effective date of Article 1 of Public Act 84-245), the
Mayor
of the City of Aledo with the advice and consent
of the Aledo City Council
shall appoint 3 members of the
Board for initial terms expiring June 1, 1986; 3 members for initial terms
expiring June 1, 1987; and 3 members for initial terms expiring June 1,
1988. The successors of the initial members shall be appointed in like manner
for 3 year terms from the
date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-25)
Sec. 5-25.
Removal of Board members.
The appointing officer, with the advice and consent of the Aledo
City Council, may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-30)
Sec. 5-30.
Bidders; civil action to compel compliance.
Any bidder who has
submitted a bid in compliance with the
requirements
for bidding under this Article may bring a civil action in the circuit
court of Mercer county
in which the metropolitan area is located to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/5-35)
Sec. 5-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 10 heading) ARTICLE 10.
AURORA CIVIC CENTER
|
(70 ILCS 200/10-1)
Sec. 10-1.
Short title.
This Article may be cited as the Aurora Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/10-5)
Sec. 10-5.
Definitions.
When used in this Article:
"Authority" means Aurora Metropolitan Exposition, Auditorium and Office
Building Authority.
"Board" means the governing and administrative body of the Aurora
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of Aurora and the
Waubonsee Community College District #516
except for those portions lying within counties which have a civic center
authority within the corporate limits of such counties.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/10-10)
Sec. 10-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic and
municipal corporation by the name and style of Aurora Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the City of Aurora.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-15)
Sec. 10-15. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair expositions grounds, convention or exhibition
centers, civic auditoriums, and office, educational and municipal buildings,
including
sites and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and
facilities in the manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/10-15.5) Sec. 10-15.5. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/10-16)
Sec. 10-16.
Borrowing; revenue bonds; interest payable semi-annually;
bond sale price; effect of Omnibus Bond Acts. The Authority
shall
have continuing power to borrow money for
the purpose of carrying out and performing its duties and exercising its
powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to
an ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the
making of the contract, payable semi-annually, may be in such form, may
carry such registration privileges, may be executed in such manner, may be
payable at such place or places, may be made subject to redemption in such
manner and upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case any officer
whose signature appears on any bond ceases (after attaching his
signature)
to hold office, his signature shall nevertheless be valid and
effective for
all purposes. The holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring
mandamus,
injunction, or other civil actions or proceedings to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance,
and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
The bonds shall be sold by the corporate
authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions,
office
rentals, and air space leases and rentals, and other revenue, if
any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus
proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of
Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on
the
supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary
authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/10-17)
Sec. 10-17.
Bonds other than revenue bonds.
No bonds, other than revenue bonds issued pursuant to Section 10-16,
shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "Aurora YES Metropolitan Exposition, Auditorium and Office Building Authority" to
the amount of .... Dollars ($ ) be issued for the purpose of ....? NO
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/10-18)
Sec. 10-18.
Tax.
If a majority of the voters of said metropolitan area approve the
issuance of bonds as provided in Section 10-17, the
Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-20)
Sec. 10-20.
Board created.
The governing and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Aurora Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-25)
Sec. 10-25.
Board members appointed.
Within 60 days after July 1, 1974 (the effective date of Public Act
78-927), the Mayor of Aurora,
with the advice and consent of the Aurora city council, shall appoint 9
members of the board, 3 members to be appointed for terms of 1 year, 3
members to be appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each is appointed.
At the expiration of the term of any member, his successor shall be
appointed by the Mayor of Aurora in like manner. All successors shall hold
office for a term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-30)
Sec. 10-30.
Quorum; votes necessary for action.
Three members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance or
resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-35)
Sec. 10-35.
Lease of real estate; competitive bidding not required.
Competitive bidding is not required for the lease of real estate or buildings
owned or controlled by the Authority on July 13, 1982 (the effective
date of Public
Act 82-786). The Board is empowered to offer such leases upon such terms
as it
deems advisable.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/10-40)
Sec. 10-40.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 15 heading) ARTICLE 15.
BENTON CIVIC CENTER
|
(70 ILCS 200/15-1)
Sec. 15-1.
Short title.
This Article
may be cited as the Benton
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/15-5)
Sec. 15-5.
Definitions.
When used in this Article:
"Authority" means the Benton Civic Center Authority.
"Board" means the governing and administrative body of the Benton Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of Benton in the
County of Franklin.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-10)
Sec. 15-10.
Authority created; principal office.
There
is hereby created a political subdivision,
body politic and municipal corporation by the name and style of
the Benton Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the City of Benton.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-15)
Sec. 15-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Benton Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-20)
Sec. 15-20.
Board members appointed.
Within 60 days
after
January 1, 1989 (the effective date of Article I of Public Act 85-1314), the
Mayor of the City of Benton, with the advice and consent of the
Benton City Council, shall appoint 3 members of the Board for initial terms
expiring June 1, 1990; 3 members for initial terms expiring June 1, 1991;
and 3 members for initial terms expiring June 1, 1992. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-25)
Sec. 15-25.
Removal of Board members.
The Mayor of the City of Benton, with the advice and
consent of the Benton City Council, may remove any member of the
Board appointed by him or her, in case of incompetency, neglect of duty or
malfeasance in office, after service on the member, by registered United States
mail, return receipt requested, of a copy of the written charges against
him or her and an opportunity to be publicly heard in person or by counsel
in his or her own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-30)
Sec. 15-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Franklin County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-35)
Sec. 15-35.
Report and financial statement.
As soon
after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the Mayor of the City
of Benton.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/15-40)
Sec. 15-40.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 20 heading) ARTICLE 20.
BLOOMINGTON CIVIC CENTER
|
(70 ILCS 200/20-1)
Sec. 20-1.
Short title.
This Article may be cited as the Bloomington
Civic Center Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-5)
Sec. 20-5.
Definitions.
When used in this Article:
"Authority" means the Bloomington Civic Center Authority.
"Board" means the governing and administrative body of the Bloomington
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Bloomington.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-10)
Sec. 20-10.
Authority created; principal office.
There is
hereby created a unit of local government known as
the Bloomington Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the City of Bloomington.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-14)
Sec. 20-14.
Duties.
It shall be the duty of
the Authority to
promote, operate and maintain expositions, conventions, theatrical, sports and
cultural activities from time to time in the metropolitan area and in
connection therewith to arrange, finance and maintain industrial, cultural,
educational, theatrical, sports, trade and scientific exhibits and to
construct, equip and maintain auditoriums and exposition and office buildings
and associated facilities for such purposes.
The
provision of office, hotel and restaurant space for lease and rental and the
lease of air space over and appurtenant to such structures shall be deemed an
integral function of the Authority.
The Authority is granted all rights and
powers necessary to perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-15)
Sec. 20-15. Rights and powers. The Authority shall have
the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in any other way
acquire,
improve, extend, repair, reconstruct, regulate, operate, equip and maintain
fair and expositions grounds, convention or exhibition centers, civic
auditoriums,
office and municipal buildings, and associated facilities, including but
not limited to hotel and restaurant facilities; and sites and parking areas
and facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange and finance fairs, industrial, cultural, educational, theatrical,
sports, trade
and scientific exhibits, shows and events and to use, lease as lessor, or allow
the use
of such grounds, centers, auditoriums and associated
facilities for the holding of fairs, exhibits, shows and events whether
conducted by the Authority or some other person
or governmental agency;
(c) To exercise the right of eminent domain to acquire sites for such
grounds, centers, auditoriums, associated facilities, and parking areas
and facilities in the
manner provided for the exercise of the right of eminent domain under
the Eminent Domain Act;
(d) To fix and collect just, reasonable and nondiscriminatory charges
for the use of such parking areas and facilities, grounds, centers,
auditoriums and associated facilities and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges collected
may be made available
to defray the reasonable expenses of the Authority and to pay the principal
of and the interest on any bonds issued by the Authority;
(e) To enter into contracts treating any manner with the objects and
purposes
of this Article.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/20-17) Sec. 20-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/20-20)
Sec. 20-20.
Federal money.
The Authority shall have the
power to apply for and accept
grants, loans or appropriations from the federal government or any agency
or instrumentality thereof to be used for any of the purposes of the Authority
and to enter into any agreement with the federal government in relation
to such grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-25)
Sec. 20-25.
Borrowing; revenue bonds.
The Authority shall
have the continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its rights and powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing revenue bonds to refund any of its interest bearing
revenue bonds or its general obligation bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds of the Authority
shall be payable solely from such of the revenues or income to be derived
from the fairs, exhibits, shows and events and other authorized activities
operated by it, the charges made for the use of its facilities and the funds,
if any, received and to be received by the Authority from any other source
as are pledged by the ordinance authorizing the bonds. Such bonds may bear
such date or dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such rate or rates,
not exceeding the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% per annum payable semi-annually, may be in such form, may
carry such registration privileges, may be payable at such place or places,
may be made subject to redemption in such manner and upon such terms, with
or without premium as is stated on the face thereof, may be executed in
such manner and may contain such terms and covenants, all as may be provided
in said ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto issued by the Authority
may bring suits at law or proceedings in equity to compel the performance
and observance by the Authority or any of its officers, agents or employees
of any contract or covenant made by the Authority with the holders of such
bonds or interest coupons, to compel the Authority and any of its
officers,
agents or employees to perform any duties required to be performed for the
benefit of the holders of any such bonds or interest coupons by the provisions
of the ordinance authorizing their issuance, and to enjoin the Authority
and
any of its officers, agents or employees from taking any action in conflict
with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the law of the State of
Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) the rate of 8% per annum, the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than the greater of (i)
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum shall be such
that the interest cost to the Authority of the money received from
the sale of the bonds shall not exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% annually computed to absolute maturity
of said bonds according to standard tables of bond values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the sale of said
bonds sufficient at all times, with other revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and operating the said
facilities; and
(b) the bonds and interest thereon as they shall become due, and all sinking
fund requirements and other requirements provided by the ordinance authorizing
the issuance of the bonds or as provided by any trust agreement executed
to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertaking of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, exhibits, shows
and events and from charges made for the use of its facilities or for
admissions to its events, or from other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided that no lien
upon any physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be had by mandamus proceedings in the
circuit court to compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf such action may be instituted.
Before any such revenue bonds (excepting refunding bonds) are sold the
entire authorized issue, or any part thereof, shall be offered for sale
as a unit after advertising for bids at least 3 times in a daily newspaper
of general circulation published in the metropolitan area, the last publication
to be at least 10 days before bids are required to be filed. Copies of
such advertisement may be published in any newspaper or financial publication
in the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-27)
Sec. 20-27.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority
under Section 20-25 be or become an indebtedness or
obligation
of the State of Illinois or of any other political subdivision of or
municipality
within the State, nor shall any such bond be or become an indebtedness of
the Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each such bond that it does
not constitute such an indebtedness or obligation but is payable solely
from the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-30)
Sec. 20-30.
General obligation bonds;
conditions.
The
Authority may borrow money for the purpose of carrying
out its duties and exercising its powers under this Article, and
issue its
general obligation bonds as evidence of the indebtedness incurred. In addition
to other purposes, such bonds may be issued for the purpose of refunding
outstanding general obligation or revenue bonds of the Authority. Such
general obligation bonds shall be in the form, shall mature at the time
(no later than 40 years from the date of issuance), shall bear interest
at the rates (not to exceed the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum), shall be
executed
by the officers, and shall be sold in the manner that the Board shall
determine; except that if issued to bear interest at the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii)
the rate of 8% per annum, the bonds shall
be sold for not less than par and accrued interest, and that the selling
prices of bonds bearing interest at a rate of less than
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the money received
from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, or (ii) 8%
annually computed to absolute maturity of the bonds in accordance with
standard tables of bond values. In case any officer whose signature appears
on any bond ceases, after affixing his signature, to hold office, his
signature shall nevertheless be valid and effective for all purposes.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-35)
Sec. 20-35.
G.O.
bonds; election. General obligation
bonds of the Authority shall not be issued
until the proposition to issue the same has been submitted to and approved
by a majority of the voters of the metropolitan area voting upon the
proposition at an election in accordance with the general election law.
Any such proposition shall be in substantially the following form:
Shall bonds of the "Bloomington Civic Center Authority" YES in the amount of ...............
Dollars ($..........) be issued NO for the purpose of ...............?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/20-40)
Sec. 20-40.
G.O.
bonds; canvass of election returns. Any
referendum required under Sections 20-30 and 20-35
shall be certified by the Board to the proper election officials,
who shall conduct the referendum in accordance
with the general election law. The returns
shall be filed with the secretary of the Board and shall be canvassed
and the results ascertained by the Board and entered upon the records of
the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-45)
Sec. 20-45.
Tax.
If a majority of the voters of the metropolitan area approve
the issuance of bonds as provided in Sections 20-30 and 20-35, the
Authority shall have power to levy and collect annually a sum sufficient
to pay for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable property
within the metropolitan area shall be levied by ordinance. After the ordinance
has been adopted it shall, within 10 days after its passage, be published
once in a newspaper published and having a general circulation within the
metropolitan area. A certified copy of such levy ordinance shall be filed
with the county clerk no later than the 3rd Tuesday in September in each
year. Thereupon the county clerk shall extend such tax.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-50)
Sec. 20-50.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 5 members and shall be known as the Bloomington
Civic Center Authority Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-55)
Sec. 20-55.
Board members appointed.
Within 60 days after
September 15, 1978 (the effective date of Public Act 80-1440), the Mayor of
Bloomington with the advice and consent of the Bloomington city council
shall appoint 5 members of the Board, one member to be appointed for a term
of one year, 2 members to be appointed for terms of 2 years, and 2 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. At the expiration of the term of any member, his successor
shall be appointed by the Mayor of Bloomington in like manner. All successors
shall hold office for a term of 3 years from the date of appointment, except
in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/20-58)
Sec. 20-58.
Organization of the Board.
As soon as
practicably possible after the appointment of the
initial members the Board shall organize for the transaction of business,
select a chairman, vice-chairman, and a temporary secretary from its own
number, and adopt
by-laws and regulations to govern its proceedings. The initial chairman
and his successors shall be elected by the Board from time to time for
the term of his office as a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-60)
Sec. 20-60.
Quorum; action by 3 Board members.
Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 3 members shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-62)
Sec. 20-62.
Funds; compliance with Public Funds Investment Act.
All funds deposited by the treasurer in any bank or savings
and loan association shall be placed in the name of the Authority and
shall be withdrawn or paid out only by check or draft upon the bank or
savings and loan association, signed by the chairman, vice-chairman, secretary
or treasurer and countersigned by one of the same officers, but
no one officer shall both sign and countersign a check or draft. The Board
may designate any of its members or any officer or employee of the Authority
to affix the signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of salaries or wages
and for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-65)
Sec. 20-65.
Report and financial statement.
As soon after
the end of each fiscal year as may be expedient,
the Board shall cause to be prepared and printed a complete and detailed
report and financial statement of its operations and of its assets and
liabilities.
A reasonably sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/20-70)
Sec. 20-70.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-128. Contracts; award to other than highest or lowest bidder by
three-fourths vote.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 25 heading) ARTICLE 25.
BOONE COUNTY
COMMUNITY BUILDING COMPLEX
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(70 ILCS 200/25-1)
Sec. 25-1.
Short title.
This Article may be cited as the
Community Building Complex Committee of Boone County Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-5)
Sec. 25-5.
Purpose.
The purpose of this Article is to allow the
Citizens of Boone County to maintain, operate and enhance the existing
community building complex and property geographically situated in
Belvidere, Illinois.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-10)
Sec. 25-10.
Definitions.
In this Article:
"Committee" means the Community Building Complex Committee of Boone County.
"Committee" means the governing and administrative body of the Community
Building Complex Committee of Boone County.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of Boone County.
"Community organization" means a not for profit organization that has
been registered with this State for at least 5 years as a not for profit
organization, qualifies for tax exempt status under Section 501(c)(3) or
501(c)(4) of the Internal Revenue Code of 1986, and has been established in
Boone County for at least 5 years; such as the YMCA and the Boone County
Arts Council.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-15)
Sec. 25-15.
Creation of Committee.
(a) The Community Building Complex Committee of Boone County is
created as a political subdivision, body politic, and municipal corporation.
(b) The principal office
of the Committee shall be in Boone County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-20)
Sec. 25-20.
Duties.
The Committee shall promote,
operate, and
maintain civic meetings and theatrical, sports, and cultural
activities from time to time in the Boone County area. In connection
with its duties, the Committee shall arrange, finance, and maintain
industrial, cultural, educational, theatrical, sports, trade, and
scientific exhibits and shall construct, equip, and maintain auditorium,
exposition, recreational, and office buildings for those purposes.
Providing office space for lease and rental and leasing air space over and
appurtenant to those structures are integral functions of the Committee.
The Committee is granted all rights and powers necessary to perform its duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-25)
Sec. 25-25.
Powers.
The Committee has the following
powers:
(a) To acquire, purchase, own, construct, lease as lessee, or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip, and maintain the Community Building Complex including sites, parking
areas, and commercial facilities for those structures, located within Boone
County.
(b) To plan for grounds, centers, and auditoriums; to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, trade,
and scientific exhibits, shows, and events; and to use or allow the use of
those grounds, centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Committee or some other person
or governmental agency.
(c) To fix and collect just, reasonable, and nondiscriminatory (i) charges
and rents for the use of its parking areas and facilities, grounds,
centers, buildings, and auditoriums and (ii) admission charges to fairs,
shows, exhibits, and events sponsored or held by the Committee. The
charges collected may be made available to defray the reasonable expenses
of the Committee and to pay the principal of and interest on any bonds
issued by the Committee.
(d) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-27)
Sec. 25-27.
Acquisition of property.
The Committee
has the
power (i) to acquire and accept by purchase, lease, gift, or otherwise any
property or rights from any person or persons, or from any municipal
corporation, or body politic, (ii) to apply for and accept grants, matching
grants, or loans from the State of Illinois or any agency or
instrumentality of the State to be used for any of the purposes of the
Committee other than capital development, and (iii) to enter into any
agreement with the State of Illinois in relation to those grants, matching
grants, or loans.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-30)
Sec. 25-30.
Food and beverage tax.
(a) For the sole purpose of obtaining funds for the
support, construction, maintenance, or financing of a facility of the
Committee, the city council of the City of Belvidere, within the city, and
the county board of Boone County, within those areas of the county outside
the City of Belvidere, may jointly impose a tax on the retail sale of food
and beverages that have been prepared for immediate consumption. The tax
shall not exceed the rate of 1% of the selling price of such food and
beverages. A tax imposed under this Section shall be in addition to any
other taxes imposed on food and beverages.
(b) The purchaser of food and beverages shall be liable for the payment
of a tax imposed under this Section. The city council of the City of
Belvidere and the county board of Boone County may, however, jointly
require that any person engaged in the business of making retail sales that
are subject to the tax must collect the tax and pay over the proceeds of
the tax as prescribed by ordinances of the city council and county board.
(c) For the purposes of this Section, the support, construction,
maintenance, or financing of a facility of the Committee may include the
establishment of reserve funds and the expenditure of funds under an
intergovernmental agreement for those purposes.
(d) The authority to impose a tax under this Section terminates 10
years after the effective date of the ordinance authorizing the tax unless
(i) a continuation of the tax is approved by the voters of Boone County by
referendum conducted in accordance with the general election law or (ii)
there are outstanding bonds of the Committee.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-35)
Sec. 25-35.
Creation of the Committee.
The governing
and
administrative body of the Committee shall consist of 11 members and shall
be known as the Community Building Complex Committee. The members of the
Committee shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-40)
Sec. 25-40.
Members of the Committee.
Within 60 days
after September 3, 1991 (the effective date of Article 1 of Public Act
87-230), the appointing authorities shall appoint the initial
members of the Committee as follows:
(1) The chairman of the county board of Boone County, | ||
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(2) The mayor of the City of Belvidere, with the | ||
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(3) The supervisor of Belvidere Township, with the | ||
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(4) The boards of trustees of all townships within | ||
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(5) The president of the Belvidere Park Board, with | ||
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(6) The chairman of the county board of Boone County, | ||
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(7) The school board of Belvidere Community Unit | ||
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(8) The school board of North Boone Community Unit | ||
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The initial members of the Committee shall serve for terms determined by lot
at the first meeting of the Committee as follows: 4 members for a term of one
year; 4 members for a term of 2 years; and 3 members for a term of 3 years.
The successors of the initial members shall be appointed in like manner for
3 year terms from the date of appointment, except in case of an appointment
to fill a vacancy for an unexpired term.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-45)
Sec. 25-45.
Removal of Board members.
The appointing authority may remove
any member of the Committee in case of incompetency, neglect of duty, or
malfeasance in office, after service on the member, by registered United
States mail, return receipt requested, of a copy of the written charges
against the member and after an opportunity to be publicly heard in person
or by counsel in his or her own defense upon being notified not less than
10 days before the hearing.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-50)
Sec. 25-50.
Quorum; action by 6 Board members; approval by chairman.
Six members of the Committee shall
constitute a quorum for the transaction of business. All actions of the
Committee shall be by ordinance or resolution, and the affirmative vote of
at least 6 members shall be necessary for the adoption of any ordinance or
resolution. Before taking effect, all ordinances and resolutions shall be
approved by the chairman of the Committee by signing the ordinance or
resolution. If the chairman does not approve of an ordinance or
resolution, he shall return it to the Committee with written objections at
the next regular meeting of the Committee after the passage of the
ordinance or resolution. If the chairman fails to return the ordinance or
resolution with written objections at that meeting, the ordinance or
resolution takes effect as if the chairman had approved it. Upon the return
of a resolution or ordinance by the chairman with written objections, the
Committee shall reconsider its vote. If upon reconsideration
the resolution or ordinance passes with at least 7 votes, it shall take
effect notwithstanding the veto of the chairman.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/25-55)
Sec. 25-55.
Contracts.
(a) All contracts for the sale of property of a value of more
than $10,000 or for a concession in or lease of property,
including air
rights, of the Committee for a term of more than one year shall be awarded
to the highest responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment, and
services, when the expense will exceed $10,000, shall be let to
the
lowest responsible bidder after advertising for bids, except (i) when
repair parts, accessories, equipment, or services are required for equipment
or services previously furnished or contracted for, (ii) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including without limitation
the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water, light, heat, power,
telephone, or telegraph are required.
(b) All contracts involving less than $10,000 shall be let by
competitive
bidding to the lowest responsible bidder whenever possible and, in any
event, in a manner calculated to ensure the best interests of
the public.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Committee. The Committee is empowered
to offer those leases upon terms it deems advisable.
(c) In determining the responsibility of any bidder, the Committee may
take into account the past records of dealings with the bidder, the
bidder's experience, adequacy of equipment, and ability to complete
performance within the time set, and other factors besides financial
responsibility, but in no case shall any contracts be awarded to any other
than the highest bidder (in case of sale, concession, or lease) or the
lowest bidder (in case of purchase or expenditure) unless authorized or
approved by a vote of at least 7 members of the Committee and unless the
action is accompanied by a statement in writing setting forth the reasons
for not awarding the contract to the highest or lowest bidder, as the case
may be, which statement shall be kept on file in the principal office of
the Committee and open to public inspection.
(d) Members of the Committee, officers and employees of the Committee,
and their relatives within the third degree of consanguinity by the terms
of the civil law are forbidden to be interested directly or indirectly in
any contract for construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Committee shall have the right to reject all bids and to
readvertise for bids. If no responsible and satisfactory bid within the
terms of the advertisement is received, the Committee may award the
contract without competitive bidding if the contract is not less
advantageous to the Committee than any valid bid received in response
to advertisement.
(f) The Committee shall adopt rules and regulations to carry into effect
the provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
|
(70 ILCS 200/25-60)
Sec. 25-60.
State appropriations for capital development prohibited.
The Committee is prohibited from receiving
or accepting any funds appropriated by the General Assembly to the
Committee for the purpose of capital development.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/25-65)
Sec. 25-65.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 30 heading) ARTICLE
30.
BOWDRE TOWNSHIP CIVIC CENTER
|
(70 ILCS 200/30-1)
Sec. 30-1.
Short title.
This Article may be cited as the Bowdre Township
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-5)
Sec. 30-5.
Definitions.
As used in this Article, unless
the context otherwise requires:
"Authority" means the Bowdre Township Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Bowdre Township
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Township of Bowdre, in the County of Douglas.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-10)
Sec. 30-10.
Authority created; principal office.
There
is hereby created a unit of local government known as the
Bowdre Township Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the Village of Hindsboro.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-12)
Sec. 30-12.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-13)
Sec. 30-13.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article,
it being the purpose of this Section to authorize the investment in such
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers; provided, however, that nothing contained in this Section may be
construed as relieving any person from any duty of exercising reasonable
care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-15)
Sec. 30-15.
Board created.
The governing and
administrative body of the Authority shall
be known as the Bowdre Township Metropolitan
Exposition, Auditorium and Office Building Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-20)
Sec. 30-20.
Board members appointed.
The Village
President of Hindsboro and the Hindsboro Village
Board of Trustees shall constitute the Bowdre Township Metropolitan
Exposition, Auditorium and Office Building Board. However, within 30
days after the effective date of this amendatory Act of 1988, the Village
President of Hindsboro, with the advice and consent of the Hindsboro
Village Board of Trustees, shall appoint 2 members of the Bowdre Township
Board of Trustees to serve as additional members of the Board. Before
entering upon the duties of his office, each member of the Board shall take
and subscribe the constitutional oath of office and file it in the office
of the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-25)
Sec. 30-25.
Board members; concurrent offices.
Members
of the Board shall hold office during their term of office as the
Village President of Hindsboro, on the Hindsboro Village Board of
Trustees or on the Bowdre Township Board of Trustees.
If any member appointed to the Board pursuant to this amendatory Act of
1988 ceases to be a member of the Bowdre Township Board of Trustees, a
vacancy in his office on the Board shall be deemed to have occurred, and
such vacancy shall be filled in the same manner as the original appointment.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-30)
Sec. 30-30.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Hindsboro.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/30-35)
Sec. 30-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by
reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other actions to compel
performance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 35 heading) ARTICLE 35.
BROWNSTOWN PARK
DISTRICT CIVIC CENTER
|
(70 ILCS 200/35-1)
Sec. 35-1.
Short title.
This Article may be cited as the
Brownstown Park District Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-5)
Sec. 35-5.
Definitions.
When used in this Article:
"Authority" means the Brownstown Park District Civic Center Authority.
"Board" means the governing and administrative body of the Brownstown
Park District Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the Brownstown Park District in the County
of Fayette.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-10)
Sec. 35-10.
Authority created; principal office.
There
is hereby created a political subdivision, body
politic and municipal corporation by the name and style of the Brownstown
Park District Civic Center Authority in the metropolitan area.
The principal office of
the Authority shall be in the Village of Brownstown.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-15)
Sec. 35-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Brownstown
Park District Civic
Center Authority Board. The
members of the board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-20)
Sec. 35-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 5 of Public Act
84-245), the President
of the Village of Brownstown with the advice and consent
of the Village board of trustees shall appoint 3 members of the
Board for initial terms expiring June 1, 1986; 3 members for initial terms
expiring June 1, 1987; and 3 members for initial terms expiring June 1,
1988. The successors of the initial members shall be appointed in like manner
for 3 year terms from the
date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-25)
Sec. 35-25.
Removal of Board members.
The appointing officer, with the advice and consent of the village
board of trustees, may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-30)
Sec. 35-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of Fayette county
in which the metropolitan area is located to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/35-35)
Sec. 35-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 40 heading) ARTICLE 40.
CARBONDALE CIVIC CENTER
|
(70 ILCS 200/40-1)
Sec. 40-1.
Short title.
This Article may be cited as the
Carbondale Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-5)
Sec. 40-5.
Definitions.
When used in this Article:
"Authority" means the Carbondale Civic Center Authority.
"Board" means the governing and administrative body of the Carbondale
Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
City of Carbondale.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-10)
Sec. 40-10.
Authority created; principal office.
There
is hereby created a
political subdivision,
body politic
and municipal corporation by the name and style of the Carbondale
Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the City of Carbondale.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-15)
Sec. 40-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Carbondale
Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-20)
Sec. 40-20.
Board members appointed.
Within 60 days
after September 11, 1989 (the effective date of Article 2 of Public Act
86-907), the
mayor of Carbondale,
with the advice and consent of the
city council, shall appoint 3 members of the
Board for initial terms
expiring June 1, 1990; 3 members for initial terms expiring June 1, 1991;
and 3 members for initial terms expiring June 1, 1992. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-25)
Sec. 40-25.
Removal of Board members.
The mayor of Carbondale, with the advice and consent of
the city council, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/40-30)
Sec. 40-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Jackson County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/40-35)
Sec. 40-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 45 heading) ARTICLE 45.
CAVE IN ROCK TOWNSHIP CIVIC CENTER
|
(70 ILCS 200/45-1)
Sec. 45-1.
Short title.
This Article may be cited as
the Cave in Rock Township Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-5)
Sec. 45-5.
Definitions.
In this Article:
"Authority" means the Cave in Rock Township Civic Center Authority.
"Board" means the governing and administrative body of the Cave in Rock
Township Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of
Cave in Rock Township in Hardin County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-10)
Sec. 45-10.
Creation of Authority.
(a) The Cave in Rock Township Civic Center Authority is created as a
political subdivision, body politic, and municipal corporation in the
metropolitan area.
(b) The principal office
of the Authority shall be in Cave in Rock Township.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-12)
Sec. 45-12.
Powers.
The Authority has the following
powers:
(a) To acquire, purchase, own, construct, lease as lessee, or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip, and maintain exhibition centers, civic auditoriums, cultural
facilities, and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within the metropolitan
area.
(b) To plan for grounds, centers, and auditoriums; to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural, educational,
trade, and scientific exhibits, shows, and events; and to use or allow the use
of those grounds, centers, and auditoriums for the holding of fairs,
exhibits, shows, and events, whether conducted by the Authority or some other
person or governmental agency.
(c) To fix and collect just, reasonable, and nondiscriminatory (i)
charges and rents for the use of its parking areas and facilities, grounds,
centers, buildings, and auditoriums and (ii) admission charges to fairs,
shows, exhibits, and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and interest on any bonds issued by
the Authority.
(d) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-15)
Sec. 45-15.
Creation of the Board.
The governing and
administrative
body of the Authority shall be a board consisting of 7 members and shall be
known as the Cave in Rock Township Civic Center Authority Board. The
members of the Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-20)
Sec. 45-20.
Members of the Board appointed.
Within
60 days after September 11, 1990 (the effective date of Article 1 of Public
Act 86-1414), the village president of the village of Cave in Rock,
with the advice and consent of the corporate authorities of the village of
Cave in Rock, shall appoint 3 members of the Board for initial terms
expiring June 1, 1991; 2 members for initial terms expiring June 1, 1992;
and 2 members for initial terms expiring June 1, 1993. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy for an unexpired term. At least 3 members of the
Board shall be residents of that part of the township of Cave in Rock
outside the corporate limits of the village of Cave in Rock. The remaining
members shall be residents of the village of Cave in Rock.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-25)
Sec. 45-25.
Removal of Board members.
The village president of the village of
Cave in Rock, with the advice and consent of the corporate authorities of
the village of Cave in Rock, may remove any member of the Board in case of
incompetency, neglect of duty, or malfeasance in office, after service on
the member, by registered United States mail, return receipt requested, of
a copy of the written charges against the member and after an opportunity
to be publicly heard in person or by counsel in his or her own defense upon
being notified not less than 10 days before the hearing.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/45-30)
Sec. 45-30.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by
reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or lowest bidder by
vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 50 heading) ARTICLE 50.
CENTRE EAST CIVIC CENTER
|
(70 ILCS 200/50-1)
Sec. 50-1.
Short title.
This Article may be cited as the Centre East
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/50-5)
Sec. 50-5.
Definitions.
As used in this Article, unless
the context otherwise requires:
"Authority" means the Centre East Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Centre East
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of Niles Township or any municipality a
part of which lies within Niles Township.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/50-10)
Sec. 50-10.
Authority created; principal office.
There
is hereby created a unit of local government known as the
Centre East Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the Village of Skokie.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/50-15)
Sec. 50-15.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any, received and to be received by the
Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature
shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto, issued by the
Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and operating
the
facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-16)
Sec. 50-16.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-17)
Sec. 50-17.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-20)
Sec. 50-20.
Board created.
The governing and
administrative body of the Authority shall be a
board
consisting of 9 members and shall be known as the Centre East Metropolitan
Exposition, Auditorium and Office Building Board.
The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-25)
Sec. 50-25.
Board members appointed.
Within 60 days
after September 17, 1984 (the effective date of Article 5 of Public Act
83-1456), the Mayor of
Skokie shall appoint 3 members of the Board, one member to be appointed for
a term of one year, one member to be appointed for a term of 2 years, and
one member to be appointed for a term of 3 years; and the Township
Supervisor of Niles Township shall appoint 3 members of the Board, one
member to be appointed for a term of one year, one member to be appointed
for a term of 2 years, and one member to be appointed for a term of 3
years; such terms commencing on the date each is appointed. Within 90 days
after September 17, 1984, the 6 members of
the Board so appointed
shall appoint the remaining 3 members of the Board, one member to be
appointed for a term of one year, one member to be appointed for a term of
2 years, and one member to be appointed for a term of 3 years; such terms
commencing on the date each is appointed. After September 1, 1990, upon
the expiration of the terms of the remaining 3 members of the Board
(formerly appointed by the other 6 members), their successors shall
thereafter be appointed by the Mayor of Skokie. After September 1, 1990,
all appointments made by the Mayor of Skokie shall be made with the advice
and consent of the corporate authorities of Skokie, and all appointments
made by the Township Supervisor of Niles Township shall be made with the
advice and consent of the corporate authorities of Niles Township. At the
expiration of the term of any member, his successor shall be appointed in
like manner. All successors shall hold office for a term of 3 years from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-30)
Sec. 50-30.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk, the Village of Skokie and the Township
of Niles, and with the clerk of any other municipality to whose mayor or
village president the power to appoint a member of the Board has been
delegated.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/50-35)
Sec. 50-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by
reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 55 heading) ARTICLE 55.
CHICAGO SOUTH CIVIC CENTER
|
(70 ILCS 200/55-1)
Sec. 55-1.
Short title.
This Article may be cited as the
Chicago South Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-5)
Sec. 55-5.
Definitions.
When used in this Article:
"Authority" means the Chicago South Civic Center Authority.
"Board" means the governing and administrative body of the Chicago
South Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of Harvey and the
Villages of Flossmoor, Lansing, South Holland, Homewood, East Hazel Crest, and
Glenwood, together with the territory within the boundaries of other
Illinois municipalities that become part of the metropolitan area as
provided in Section 55-15.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-10)
Sec. 55-10.
Authority created; principal office.
There
is hereby created a political subdivision,
body politic and municipal corporation by the name and style of
the Chicago South Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in
the City of Harvey.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-15)
Sec. 55-15.
Inclusion of contiguous territory within metropolitan
area. A municipality that is contiguous to the metropolitan
area
may, by ordinance, request that its territory be included within the
metropolitan area. The request shall be made to the Board of the Authority.
If the Board, by ordinance, approves the request, the territory of the
requesting municipality shall thereafter be part of the metropolitan area.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-20)
Sec. 55-20.
Board created.
The governing and
administrative body of the Authority shall
be known as the Chicago South Civic Center Authority Board. The members of
the Board shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-25)
Sec. 55-25.
Board members appointed.
On September 26, 1991 (the effective
date of Public Act 87-738), the
terms of all the current Board members shall expire. Within 60 days after
that date, the mayor
or president,
as the case may be, of each of the following municipalities, with the
advice and consent of the corporate authorities of that municipality, shall
appoint one member to the Board, for a total of 7 members: Harvey,
Flossmoor, Lansing, South Holland, Homewood, East Hazel Crest, and Glenwood.
Two members shall serve for terms expiring June 1, 1993, 2 members for
terms expiring June 1, 1994, and 3 members for terms expiring June 1, 1995.
Terms of the members shall be determined by lot at the first meeting of
the Board after all appointments are made. Within 60 days after the
territory of a municipality becomes part of the metropolitan area as
provided in Section 55-15, the mayor or president, as the case
may be, of
that municipality, with the advice and consent of the corporate authorities
of that municipality, shall appoint one member to the Board, who shall be an
additional member; that additional member shall serve an initial term
expiring on June 1 of the second calendar year after appointment. The
successors of the members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an appointment to
fill a vacancy. The Board may, by ordinance, appoint from one to 5
additional members of the Board, those additional members to serve at the
pleasure of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-30)
Sec. 55-30.
Board members; vacancy in office.
Members
of the Board, except additional members appointed
by the Board, shall hold office until their respective successors have been
appointed and qualified. Any member, except additional members appointed
by the Board, may resign from office to take effect when his or her
successor has been appointed and has qualified. An additional member
appointed by the Board may resign from office to take effect upon the date
the member specifies. The mayor or president, as the case may be, with the
advice and consent of the corporate authorities of the municipality, may
remove any member of the Board appointed by him or her in case of
incompetency, neglect of duty or malfeasance in office, after service on
the member, by registered United States mail, return receipt requested, of
a copy of the written charges against him or her and an opportunity to be
publicly heard in person or by counsel in his or her own defense upon not
less than 10 days notice. In case of failure to qualify within the time
required or of abandonment of office or in case of death, conviction of a
felony or removal from office, a member's office shall
become vacant. Each vacancy shall be filled for the unexpired term by
appointment in like manner, as in case of expiration of the term of a member
of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-35)
Sec. 55-35.
Organization of the Board.
As soon as
practicably possible after the appointment of the
members as provided in Public Act 87-738,
the Board shall
organize for the transaction of business, select a chairperson and a
temporary secretary from its own number and adopt by-laws and regulations
to govern its proceedings. The initial chairperson and his or her
successors shall be elected by the Board from time to time for the term of
his or her office as a member of the Board or for the term of 3 years,
whichever is shorter. Actions taken by the Board before September 26, 1991
(the effective date
of Public Act 87-738) shall remain in
force until changed by the
Board on or after that date.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-40)
Sec. 55-40.
Quorum; action by majority of Board members.
A majority of all the appointed members of the Board shall
constitute a quorum for the transaction of business. All actions of the
Board shall be by ordinance or resolution, and the affirmative vote of at
least a majority of all the appointed members shall be necessary for the
adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-45)
Sec. 55-45.
Contracts.
All contracts for the sale of
property of the value of more
than $10,000 or for a concession in or lease of property including air
rights of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed $10,000, shall be let to the
lowest responsible bidder after advertising for bids, excepting (1) when
repair parts, accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction and others possessing a high
degree of skill; and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible and, in any
event, in a manner calculated to insure the best interests of the public.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is empowered to
offer such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the Board may take into
account the past records of dealings with the bidder, experience, adequacy
of equipment, ability to complete performance within the time set, and other
factors besides financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least a
majority of all the appointed members of the Board, and unless such action
is accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
Members of the Board, officers and employees of the Authority and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid
within the terms of the advertisement shall be received, the Board may
award such contract without competitive bidding provided that it shall not
be less advantageous to the Authority than any valid bid received pursuant
to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/55-50)
Sec. 55-50.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Cook County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-55)
Sec. 55-55.
Report and financial statement.
As soon
after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the Mayor of the City of
Harvey.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/55-60)
Sec. 55-60.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 60 heading) ARTICLE 60.
COLLINSVILLE CIVIC CENTER
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(70 ILCS 200/60-1)
Sec. 60-1.
Short title.
This Article may be cited as the
Collinsville Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-5)
Sec. 60-5.
Definitions.
When used in this Article:
"Authority" means the Collinsville Metropolitan Exposition, Auditorium and
Office
Building Authority.
"Board" means the governing and administrative body of the Collinsville
Metropolitan
Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Collinsville.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-10)
Sec. 60-10.
Authority created; principal office.
There is
hereby created a political subdivision, body politic
and municipal corporation by the name and style of Collinsville Metropolitan
Exposition,
Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of Collinsville.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-15)
Sec. 60-15.
Food and beverage tax.
(a) For the sole purpose of obtaining funds for the
support, construction, maintenance or financing of a facility of the
Authority, the corporate authorities of the City of Collinsville
may impose a tax on the retail sale of food and beverages that have been
prepared for immediate consumption. The tax shall not exceed the rate of
1% of the selling price of such food and beverages. A tax imposed pursuant
to this Section shall be in addition to any other taxes imposed with
respect to such food and beverages.
(b) The purchaser of such food and beverages shall be liable for the
payment of a tax imposed pursuant to this Section. However, the corporate
authorities of the City of Collinsville may require that any person engaged
in the business of making retail sales that are subject to the tax collect
the tax and pay over the proceeds of the tax as prescribed by ordinance of
the corporate authorities.
(c) If the corporate authorities of the City of Collinsville determine
that all persons engaged in the business of making retail sales of such
food and beverages within the City of Collinsville will benefit from the
support, construction, maintenance or financing of the facility for which
the tax is imposed, the corporate authorities shall impose the tax
throughout the City. If, however, the corporate authorities determine that
only persons engaged in such retail sales within a particular area within
the City of Collinsville will benefit from such support, construction,
maintenance or financing, the corporate
authorities shall by ordinance establish that area as a special purpose
district and shall impose the tax only within the district. In such case
the corporate authorities of the City of Collinsville shall be the
governing body of the district and shall have the authority to impose the
tax pursuant to this Section and expend revenues from the tax for the
purposes specified in this Section.
(d) For purposes of this Section, the support, construction, maintenance
or financing of a facility of the Authority may include the
establishment of reserve funds and the expenditure of funds pursuant to an
intergovernmental agreement for such purposes.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-20)
Sec. 60-20.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Collinsville
Metropolitan Exposition Auditorium and Office Building Board. The members
of the board shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-25)
Sec. 60-25.
Board members appointed.
Within 60 days
after January 1, 1985 (the effective date of Public Act 83-1127), the Mayor of
Collinsville with the advice and consent of the Collinsville City Council
shall appoint 9 members of the Board, 3 members to be appointed for a term
of one year, 3 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Collinsville City Council. At the expiration of the term of any
member, his successor shall be appointed by the Mayor of Collinsville in a
like manner. All successors shall hold office for a term of 3 years from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/60-30)
Sec. 60-30.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 65 heading) ARTICLE 65.
COLUMBIA CIVIC CENTER
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(70 ILCS 200/65-1)
Sec. 65-1.
Short title.
This Article may be cited as
the
Columbia Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/65-5)
Sec. 65-5.
Definitions.
In this Article:
"Authority" means the Columbia Civic Center Authority.
"Board" means the governing and administrative body of the Columbia
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the city of Columbia in Monroe County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/65-10)
Sec. 65-10.
Creation of Authority.
The Columbia Civic Center Authority is
created as a political
subdivision, body politic, and municipal corporation in the metropolitan area.
The principal office
of the Authority shall be in the City of Columbia.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/65-12)
Sec. 65-12.
Powers.
The Authority has the following
powers:
(a) To acquire, purchase, own, construct, lease as lessee, or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip, and maintain exhibition centers, civic auditoriums, cultural
facilities, and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within the metropolitan
area.
(b) To plan for grounds, centers, and auditoriums; to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, trade,
and scientific exhibits, shows, and events; and to use or allow the use of
those grounds, centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Authority or some other person
or governmental agency.
(c) To fix and collect just, reasonable, and nondiscriminatory (i) charges
and rents for the use of its parking areas and facilities, grounds,
centers, buildings, and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and interest on any bonds
issued by the Authority.
(d) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/65-15)
Sec. 65-15.
Creation of the Board.
The governing and
administrative
body of the Authority shall be a board consisting of 7 members and shall be
known as the Columbia Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/65-20)
Sec. 65-20.
Members of the Board appointed.
Within
60
days after September 11, 1990 (the effective date of Article 2 of Public Act
86-1414), the mayor of Columbia, with the advice and consent of
the Columbia city council, shall appoint 3 members of the Board for initial
terms expiring June 1, 1991; 2 members for initial terms expiring June 1,
1992; and 2 members for initial terms expiring June 1, 1993. The
successors of the initial members shall be appointed in like manner for 3
year terms from the date of appointment, except in case of an appointment
to fill a vacancy for an unexpired term.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/65-25)
Sec. 65-25.
Removal of Board members.
The mayor of Columbia, with the advice
and consent of the Columbia city council, may remove any member of the
Board in case of incompetency, neglect of duty, or malfeasance in office,
after service on the member, by registered United States mail, return
receipt requested, of a copy of the written charges against the member and
after an opportunity to be publicly heard in person or by counsel in his or
her own defense upon being notified not less than 10 days before the
hearing.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/65-30)
Sec. 65-30.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by
reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or lowest bidder by
vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 70 heading) ARTICLE 70.
CRYSTAL LAKE CIVIC CENTER
|
(70 ILCS 200/70-1)
Sec. 70-1.
Short title.
This Article may be cited as the Crystal
Lake Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-5)
Sec. 70-5.
Definitions.
When used in this Article:
"Authority" means the Crystal Lake Civic Center Authority.
"Board" means the governing and administrative body of the Crystal Lake
Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the municipality of Crystal
Lake in the County of McHenry.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-10)
Sec. 70-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Crystal Lake Civic
Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the City of Crystal Lake.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-15)
Sec. 70-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Crystal Lake Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-20)
Sec. 70-20.
Board members appointed.
Within 60 days
after January 1, 1988 (the effective date of Article II of Public Act
85-793), the
Mayor of the City of Crystal Lake, with the advice and consent of the
Crystal Lake City Council, shall appoint 3 members of the Board for initial
terms
expiring June 1, 1988; 3 members for initial terms expiring June 1, 1989;
and 3 members for initial terms expiring June 1, 1990. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-25)
Sec. 70-25.
Removal of Board members.
The appointing officer, with the advice and consent of
the Crystal Lake City Council, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-30)
Sec. 70-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of McHenry County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/70-35)
Sec. 70-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 75 heading) ARTICLE 75.
DECATUR CIVIC CENTER
|
(70 ILCS 200/75-1)
Sec. 75-1.
Short title.
This Article may be cited as the Decatur Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-5)
Sec. 75-5.
Purpose.
It is the purpose of this Article to provide for a
Metropolitan
Exposition,
Auditorium and Office Building Authority in Decatur.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-10)
Sec. 75-10.
Definitions.
In this Article:
"Authority" means the Decatur Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of the Decatur
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of Decatur.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-15)
Sec. 75-15.
Authority created; principal office.
There is
hereby created a unit of local government known as the
Decatur Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the City of Decatur.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-20)
Sec. 75-20. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair expositions grounds, convention or exhibition
centers, civic auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and
facilities in the manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/75-22) Sec. 75-22. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/75-25)
Sec. 75-25.
Bonds; nature of indebtedness.
Under no circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-30)
Sec. 75-30.
Investment in bonds.
The State and all counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof; all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business; and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article, it being the purpose of this
Section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this Section may be construed as relieving any person from any
duty of exercising reasonable care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-35)
Sec. 75-35.
Bonds other than revenue bonds.
No bonds,
other than revenue bonds issued pursuant to
Section 2-52, shall be issued by the Authority until the proposition
to
issue the same has been submitted to and approved by a majority of the
voters of said metropolitan area voting upon the proposition at a
general election in accordance with the general election law. The Authority
may by resolution order such proposition submitted at a regular election
in accordance with the general election law, whereupon the recording officer
shall certify the resolution and the proposition to the proper election
officials for submission. Any proposition to issue bonds as
herein set forth shall be in substantially the following form:
Shall bonds of the "Decatur Metropolitan Exposition, YES Auditorium and Office Building Authority" to the amount of
........ Dollars ($ ) be NO issued for the purpose of ..........?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/75-40)
Sec. 75-40.
Tax.
If a majority of the voters of said
metropolitan area
approve the issuance of bonds as provided in Section 75-35, the
Authority shall have power to levy and collect annually a sum sufficient
to pay for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-45)
Sec. 75-45.
Board created.
The governing and
administrative body of the Authority shall be
a board known as the Decatur Metropolitan Exposition,
Auditorium and Office Building Board and shall
consist of 9 members.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-50)
Sec. 75-50.
Board members appointed.
Within 60 days after
October 1, 1975 (the effective date of Public Act 79-794), the Mayor of
Decatur, with the advice and
consent of the Decatur city council,
shall
appoint 9 members of the board, 3 members to be appointed for terms of 1
year, 3 members to be appointed for terms of 2 years, and 3 members to be
appointed for terms of 3 years, such terms commencing on the date each is
appointed. At the expiration of the term of
any member, his successor shall be appointed by the Mayor of Decatur in like
manner. All successors shall hold office for a
term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-55)
Sec. 75-55.
Quorum; action by 5 Board members.
Three members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance or
resolution, and the affirmative vote of at least 5 members of
the Board shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/75-60)
Sec. 75-60.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable semi-annually;
bond sale price; effect of Omnibus Bond Acts.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 80 heading) ARTICLE 80.
DUPAGE COUNTY CIVIC CENTER
|
(70 ILCS 200/80-1)
Sec. 80-1.
Short title.
This Article may be cited as the DuPage
County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-5)
Sec. 80-5.
Definitions.
When used in this Article:
"Authority" means DuPage County Metropolitan Exposition, Auditorium and
Office
Building Authority.
"Board" means the governing and administrative body of the DuPage County
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within DuPage County, except for those portions lying within
municipalities which have a civic center authority within the corporate
limits of such municipalities, and except for those portions within the
metropolitan area of the Illinois-Michigan Canal National Heritage Corridor
Civic
Center Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-10)
Sec. 80-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic and
municipal corporation by the name and style of DuPage County Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office of the Authority shall be in DuPage County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-15)
Sec. 80-15. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair expositions grounds, convention or exhibition
centers, civic auditoriums, and office and county buildings, including
sites and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and
facilities in the manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/80-17) Sec. 80-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/80-20)
Sec. 80-20.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
said ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature
shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto issued by the
Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
the bonds shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a rate of less
than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
computed to absolute maturity of said bonds or certificates according to
standard tables of bond values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-25)
Sec. 80-25.
Bonds other than revenue bonds.
No bonds, other than revenue
bonds issued pursuant to Section 80-20, shall be issued by the Authority until
the proposition to issue the same has been submitted to and approved by a
majority of the voters of said metropolitan area voting upon the proposition at
a general election in accordance with the general election law. The Authority
may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "DuPage County YES Metropolitan Exposition, Auditorium and Office Building Authority" to
the amount of .... Dollars ($ ) be issued for the purpose of ....? NO
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/80-30)
Sec. 80-30.
Tax.
If a majority of the voters of said
metropolitan area approve the
issuance of bonds as provided in Section 80-25, the
Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-35)
Sec. 80-35.
Board created.
The governing and
administrative body of the
Authority shall be a board
consisting of 9 members and shall be known as the DuPage County Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-40)
Sec. 80-40.
Board members appointed.
Within 60 days
after September 17, 1984 (the effective date of Article 1 of Public Act
83-1456), the Chairman
of the DuPage County Board,
with the advice and consent of the DuPage County Board, shall appoint 9
members of the DuPage County Metropolitan Exposition, Auditorium and Office
Building Authority, 3 members to be appointed for terms of 1 year, 3
members to be appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each is appointed.
At the expiration of the term of any member, his successor shall be
appointed by the Chairman of the DuPage County Board in like manner. All
successors shall hold
office for a term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/80-45)
Sec. 80-45.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 85 heading) ARTICLE 85.
ELGIN CIVIC CENTER
|
(70 ILCS 200/85-1)
Sec. 85-1.
Short title.
This Article may be cited as the Elgin
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/85-5)
Sec. 85-5.
Definitions.
When used in this Article:
"Authority" means the Elgin Metropolitan Exposition, Auditorium and Office
Building Authority.
"Board" means the governing and administrative body of the Elgin Metropolitan
Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Elgin.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/85-10)
Sec. 85-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Elgin Metropolitan
Exposition,
Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of Elgin.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/85-15)
Sec. 85-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Elgin Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/85-20)
Sec. 85-20.
Board members appointed.
Within 60 days
after September 17, 1984 (the effective date of Article 3 of Public Act
83-1456), the Mayor
of Elgin with the advice and consent of the Elgin City Council shall appoint
7 members of the Board, 2 members to be appointed for a term of one year,
2 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Elgin City Council. At the expiration of the term of any member,
his successor shall be appointed by the Mayor of Elgin in a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/85-25)
Sec. 85-25.
Funds; compliance with Public Funds Investment Act.
All funds
deposited by the treasurer in any bank shall be
placed in the name of the Authority and shall be withdrawn or paid out only by
check or draft upon the bank, signed by the treasurer and countersigned
by the Chairman of the Board.
The Board
may designate any of its members or any officer or employee of the Authority
to affix the signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of salaries or wages
and for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/85-30)
Sec. 85-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in Kane County to compel
compliance with the provisions of this Act relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/85-35)
Sec. 85-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-65. Bonds other than revenue bonds.
Section 2-70. Tax.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 90 heading) ARTICLE 90.
FOREST PARK CIVIC CENTER
|
(70 ILCS 200/90-1)
Sec. 90-1.
Short title.
This Article may be cited as
the
Forest Park Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/90-5)
Sec. 90-5.
Definitions.
In this Article:
"Authority" means the Forest Park Civic Center Authority.
"Board" means the governing and administrative body of the Forest Park
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the village of Forest Park
in Cook County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/90-10)
Sec. 90-10.
Creation of Authority.
(a) The Forest Park Civic Center Authority is created as a political
subdivision, body politic, and municipal corporation in the metropolitan area.
(b) The principal office
of the Authority shall be in the village of Forest Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/90-12)
Sec. 90-12.
Powers.
The Authority has the following
powers:
(a) To acquire, purchase, own, construct, lease as lessee, or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip, and maintain exhibition centers, civic auditoriums, cultural
facilities, and office buildings, including sites, parking areas, and
commercial facilities for those structures, located within the metropolitan
area.
(b) To plan for grounds, centers, and auditoriums; to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, trade,
and scientific exhibits, shows, and events; and to use or allow the use of
those grounds, centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Authority or some other person
or governmental agency.
(c) To fix and collect just, reasonable, and nondiscriminatory (i)
charges and rents for the use of its parking areas and facilities, grounds,
centers, buildings, and auditoriums and (ii) admission charges to fairs,
shows, exhibits, and events sponsored or held by the Authority. The
charges collected may be made available to defray the reasonable expenses
of the Authority and to pay the principal of and interest on any bonds
issued by the Authority.
(d) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/90-15)
Sec. 90-15.
Creation of the Board.
The governing and
administrative
body of the Authority shall be a board consisting of 5 members and shall be
known as the Forest Park Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/90-20)
Sec. 90-20.
Members of the Board appointed.
Within 60 days after September 11, 1990 (the effective date of Article 3 of
Public Act 86-1414), the mayor of Forest Park, with the advice and consent of
the corporate authorities of the village of Forest Park, shall appoint 2
members of the Board for initial terms expiring June 1, 1991; 2 members for
initial terms expiring June 1, 1992; and one member for an initial term
expiring June 1, 1993. The successors of the initial members shall be
appointed in like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy for an unexpired term.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/90-25)
Sec. 90-25.
Removal of Board members.
The mayor of Forest Park, with the
advice and consent of the corporate authorities of the village of Forest
Park, may remove any member of the Board in case of incompetency, neglect
of duty, or malfeasance in office, after service on the member, by
registered United States mail, return receipt requested, of a copy of the
written charges against the member and after an opportunity to be publicly
heard in person or by counsel in his or her own defense upon being notified
not less than 10 days before the hearing.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/90-30)
Sec. 90-30.
Quorum; action by 3 Board members.
Three members of the Board shall
constitute a quorum for the transaction of business. All actions of the
Board shall be by ordinance or resolution, and the affirmative vote of at
least 3 members shall be necessary for the adoption of any ordinance or
resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/90-35)
Sec. 90-35.
Contracts; award to other than highest or
lowest bidder by vote of 3 Board members.
(a) All contracts for the sale of property of a value of more
than $10,000 or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment, and
services, when the expense will exceed $10,000, shall be let to the
lowest responsible bidder after advertising for bids, except (i) when
repair parts, accessories, equipment, or services are required for equipment
or services previously furnished or contracted for, (ii) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including without limitation
the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water, light, heat, power,
telephone, or telegraph are required.
(b) All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible and, in any
event, in a manner calculated to ensure the best interests of
the public.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is empowered to
offer those leases upon terms it deems advisable.
(c) In determining the responsibility of any bidder, the Board may take
into account the past records of dealings with the bidder, the bidder's
experience, adequacy of equipment, and ability to complete performance
within the time set, and other factors besides financial responsibility,
but in no case shall any contracts be awarded to any other than the highest
bidder (in case of sale, concession, or lease) or the lowest bidder (in
case of purchase or expenditure) unless authorized or approved by a vote of
at least 3 members of the Board and unless the action is accompanied by a
statement in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be, which
statement shall be kept on file in the principal office of the Authority
and open to public inspection.
(d) Members of the Board, officers and employees of the Authority, and
their relatives within the fourth degree of consanguinity by the terms of
the civil law are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids and to readvertise
for bids. If no responsible and satisfactory bid within the terms of the
advertisement is received, the Board may award the contract without
competitive bidding if the contract is not less advantageous to the
Authority than any valid bid received in response to advertisement.
(f) The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/90-40)
Sec. 90-40.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by
reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 95 heading) ARTICLE 95.
HERRIN CIVIC CENTER
|
(70 ILCS 200/95-1)
Sec. 95-1.
Short title.
This Article may be cited as the Herrin Civic Center
Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/95-5)
Sec. 95-5.
Definitions.
When used in this Article:
"Authority" means the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority.
"Board" means the governing and administrative body of the Herrin
Metropolitan
Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Herrin.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/95-10)
Sec. 95-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and
style of the Herrin Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Herrin Metropolitan Exposition, Auditorium and Office Building
Authority shall be in the City of Herrin.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/95-15)
Sec. 95-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Herrin
Metropolitan
Exposition Auditorium and Office Building Board.
The members of the Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/95-20)
Sec. 95-20.
Board members appointed.
Within 60 days
after January 1, 1984 (the effective date of Article 1 of Public Act
83-911), the Mayor
of Herrin, with the advice and consent
of the Herrin City Council, shall appoint 7 members of
the
Board, 2 members to be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Herrin City Council. At the expiration of the term
of any member,
his successor shall be appointed by the Mayor of Herrin
in a like manner. All successors shall hold office for a term of 3 years
from the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/95-25)
Sec. 95-25.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 100 heading) ARTICLE 100.
ILLINOIS INTERNATIONAL CONVENTION CENTER
|
(70 ILCS 200/100-1)
Sec. 100-1.
Short title.
This Article may be cited as the
Illinois International Convention Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/100-5)
Sec. 100-5.
Definitions.
As used in this Article,
unless the context otherwise requires:
"Authority" means the Illinois International Convention Center Authority.
"Board" means the governing and administrative body of the Illinois
International Convention Center Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Village of Schaumburg.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-10)
Sec. 100-10.
Authority created; principal office.
There
is hereby created a unit of local government known as the
Illinois International Convention Center Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Schaumburg.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-15)
Sec. 100-15.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature
shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto, issued by the
Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and operating
the
facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-20)
Sec. 100-20.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-25)
Sec. 100-25.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof; all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business; and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-30)
Sec. 100-30.
Bonds other than revenue bonds; election.
No bonds, other than revenue bonds issued pursuant to Section
100-15, shall be issued by the Authority until the proposition to
issue the
same has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance with the general election law. The Authority may by resolution
order such proposition submitted at a regular election in accordance with
the general election law, whereupon the recording officer shall certify the
resolution and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set forth shall be in
substantially the following form:
Shall bonds of the Illinois International Convention Center YES Authority to the amount of......
Dollars ($ ) be issued for the NO purpose of....?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/100-35)
Sec. 100-35.
Tax.
If a majority of the voters of said
metropolitan area approve the
issuance of bonds as provided in Section 100-30, the
Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the County Clerk no later than the 3rd
Tuesday in September in each year. Thereupon the County Clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value of the taxable property in the metropolitan area, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-40)
Sec. 100-40.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Illinois
International Convention Center Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-45)
Sec. 100-45.
Board members appointed.
Within 60 days
after September 17, 1984 (the effective date of Article 6 of Public Act
83-1456), the
Village President of Schaumburg, with the advice and consent of the
Schaumburg Village Board of Trustees, shall appoint 7 members of the Board,
2 members to be appointed for terms of one year, 2 members to be appointed
for terms of 2 years, and 3 members to be appointed for terms of 3 years,
such terms commencing on the date each is appointed. Within 60 days after
September 11, 1990 (the effective date of Article 4 of Public Act 86-1414), the
Village President
of
Schaumburg, with the advice and consent of the Schaumburg Village Board of
Trustees, shall appoint 2 additional members of the Board, one member to be
appointed for a term of 2 years and one member to be appointed for a term
of 3 years, the terms commencing on the date each is appointed. One of the
members appointed may be a representative from the Schaumburg Village Board
of Trustees. At the expiration of the term of any member, his successor
shall be appointed by the Village President of Schaumburg in a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-50)
Sec. 100-50.
Report and financial statement.
As soon
after the end of each fiscal year as may
be expedient,
the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Schaumburg.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/100-55)
Sec. 100-55.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference
into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 105 heading) ARTICLE 105.
ILLINOIS-MICHIGAN CANAL
NATIONAL HERITAGE CORRIDOR CIVIC CENTER
|
(70 ILCS 200/105-1)
Sec. 105-1.
Short title.
This Article may be cited as the
Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-5)
Sec. 105-5.
Definitions.
When used in this Article:
"Authority" means the Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority.
"Board" means the governing and administrative body of the Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the municipalities of Lyons, McCook, Hodgkins,
Countryside, Indianhead Park, Willow Springs, Justice, Bridgeview, Bedford
Park, Summit and Lemont, and all the incorporated area lying within the Village
of Burr Ridge, all the unincorporated area lying within Cook and DuPage County,
which is bounded on the North by the north line of the Des Plaines River, on
the west by a line 10,000 feet west of the center line of Illinois Rt. 83, on
the south by the north line of the Sanitary & Ship Canal, and all the
unincorporated area lying within Cook and DuPage County which is bounded on
the northwest by the north line of the Sanitary Drainage & Ship Canal, on
the South by the Calumet Sag Channel, and on the East by the center line of
Illinois Rt. 83, and all the area not lying within a city, village or
incorporated town lying within Lemont Township which is located north of a
line commencing at the
intersection of the east line of Lemont Township and McCarthy Road (123rd
Street), thence westerly until the intersection of McCarthy Road and
Archer Avenue, thence southwesterly until the intersection of Archer Avenue
and 127th Street, thence westerly to the west line of Lemont Township, and
all the unincorporated municipal area lying within Community College
District No. 524, located in Lyons and Palos Townships, lying north of a
line commencing at a point which is the intersection lines of Harlem Avenue
and Archer Road, thence southwesterly along the center line of Archer Road
to the center line of 96th Avenue (LaGrange Road), thence southerly along
said center line of 96th Avenue to the center line of McCarthy Road (123rd
Street), thence westerly along the center line of McCarthy Road to the west
line of Palos Township.
(Source: P.A. 90-328, eff. 1-1-98; 90-655, eff. 7-30-98.)
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(70 ILCS 200/105-10)
Sec. 105-10.
Authority created; principal office.
There is
hereby created a political subdivision, body politic and
municipal corporation by the name and style of Illinois-Michigan Canal
National Heritage Corridor Civic Center Authority in
the metropolitan
area.
The principal office
of the Authority shall be temporarily in the Village of Summit.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-15)
Sec. 105-15.
Duties.
It shall be the duty of the Authority
to promote the Illinois-Michigan
Canal and those capital projects which are in support of the operation of
the Illinois-Michigan Canal National Corridor and to operate and maintain
boat ramps, nature paths, campgrounds and other recreational facilities
in the metropolitan area.
The Authority is granted all rights and powers necessary to perform such
duties, except the power of eminent domain.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-20)
Sec. 105-20.
Rights and powers.
The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain land and buildings, including sites for boat ramps,
campgrounds, nature paths and other recreational and parking areas and
facilities therefor located within the metropolitan area. Nothing in this
Section shall be construed to grant the Authority the power of eminent domain.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such facilities and to allow the use of such facilities
whether conducted by the Authority or some other person or governmental agency.
(d) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds and
buildings held by the Authority. The charges collected may be made
available to defray the reasonable expenses of the Authority and to pay the
principal of and the interest on any bonds issued by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-25)
Sec. 105-25.
Borrowing; revenue bonds.
Authority shall
have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates as provided in Section 2 of the Bond
Authorization Act,
may be in such form, may carry such registration privileges, may be executed
in such manner, may be payable at such place or places, may be made subject
to redemption in such manner and upon such terms, with or without premium
as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
said ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature
shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate permitted by law, the bonds
shall be sold for not less than par and accrued interest.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating such
facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the recreational activities
and other revenue, if any, the Authority may execute and deliver a trust
agreement or agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-30)
Sec. 105-30.
Board created.
The governing and
administrative body of the Authority shall be a board
consisting of 12 members and shall be known as the Illinois-Michigan Canal
National Heritage Corridor Civic Center Board. The
members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-35)
Sec. 105-35.
Board members appointed.
Within 60 days
after July 1, 1984 (the effective date of Public Act 83-893), the Mayor of
each municipality within the metropolitan area,
with the advice and consent of the governing body thereof, shall appoint one
member of the board for a term of 4 years,
such terms commencing on the date each is appointed.
The additional member authorized by Public Act 85-791 shall be
appointed by the Village President of Burr Ridge within 60 days after January
1, 1988 (the effective date of Public Act 85-791).
At the expiration of the term of any member, his successor shall be
appointed by the Mayor of the appropriate municipality in like manner. All
successors shall hold
office for a term of 4 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-38)
Sec. 105-38.
Organization of the Board.
As soon as
practicably possible after the appointment of the initial
members, the Board shall organize for the transaction of business, select a
chairman and a temporary secretary from its own number, select a location
for its principal office and adopt bylaws and regulations to govern its
proceedings. The initial chairman and his
successors shall be elected by the Board from time to time for the term of
his office as a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-40)
Sec. 105-40.
Quorum; action by vote of 7 Board members.
Board. A majority of the members of the Board shall constitute a quorum
for the transaction of business. All action of the Board shall be by ordinance
or
resolution and the affirmative vote of at least 7 members shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/105-45)
Sec. 105-45.
Contracts; bidding.
All contracts for sale
of property of the value of more than $10,000 or
for a concession in or lease of property, including air rights, of the
Authority for a term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All construction contracts
and contracts for supplies, materials, equipment and services, when the
expense thereof will exceed $10,000, shall be let to the lowest responsible
bidder, after advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment or services
previously furnished or contracted for; (2) when the nature of the services
required is such that competitive bidding is not in the best interest of
the public, including, without limiting the generality of the foregoing,
the services of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat, power, telephone
or
telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
Competitive bidding is not required for the lease of real estate or buildings
owned or controlled by the Authority. The Board is empowered to offer such
leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the Board may take in
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/105-50)
Sec. 105-50.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 110 heading) ARTICLE 110.
ILLINOIS VALLEY CIVIC CENTER
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(70 ILCS 200/110-1)
Sec. 110-1.
Short title.
This Article may be cited as the Illinois
Valley
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-5)
Sec. 110-5.
Definitions.
When used in this Article:
"Authority" means the Illinois Valley Civic Center Authority.
"Board" means the governing and administrative body of the Illinois Valley
Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the Cities of LaSalle, Oglesby,
Peru and Spring Valley in the
County of LaSalle.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-10)
Sec. 110-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Illinois Valley Civic
Center
Authority in the metropolitan area.
The principal office
of the Authority shall be as determined by the Mayors of
LaSalle, Oglesby, Peru and Spring Valley.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-15)
Sec. 110-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Illinois Valley
Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-20)
Sec. 110-20.
Board members appointed.
Within 60 days
after September 11, 1989 (the effective date of Article 6 of Public Act
86-907), the
Mayors of the Cities of LaSalle, Oglesby, Peru and Spring Valley, with the
advice and consent of the
respective City Councils, shall appoint 1 member each of the Board for initial
terms
expiring June 1, 1990; 1 member each for initial terms expiring June 1, 1991.
The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-25)
Sec. 110-25.
Removal of Board members.
The Mayors of the Cities of LaSalle, Oglesby, Peru and
Spring Valley, with the
advice and consent of
the respective City Councils, may remove any member of the
Board appointed by him or her, in case of incompetency, neglect of duty or
malfeasance in office, after service on the member, by registered United States
mail, return receipt requested, of a copy of the written charges against
him or her and an opportunity to be publicly heard in person or by counsel in
his
or her own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-30)
Sec. 110-30.
Report and financial statement.
As soon
after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the Mayors of the Cities
of LaSalle, Oglesby, Peru and Spring Valley.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/110-35)
Sec. 110-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 115 heading) ARTICLE 115.
JASPER COUNTY CIVIC CENTER
|
(70 ILCS 200/115-1)
Sec. 115-1.
Short title.
This Article may be cited as the
Jasper County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/115-5)
Sec. 115-5.
Definitions.
When used in this Article:
"Authority" means the Jasper County Civic Center Authority.
"Board" means the governing and administrative body of the Jasper County
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the county of Jasper.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/115-10)
Sec. 115-10.
Authority created; principal office.
There
is hereby created a political subdivision, body
politic and municipal corporation by the name and style of the Jasper
County Civic Center Authority in the metropolitan area.
The principal office of
the Authority shall be in Jasper County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/115-13)
Sec. 115-13.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions, exhibitions,
rentals and leases and other authorized activities operated by it, and from
funds, if any, received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature at such time
or times not exceeding 40 years from their respective dates, may
bear
interest at such rate or rates, not exceeding the maximum rate permitted
by the Bond Authorization Act, may be in such form,
may carry such registration privileges, may be executed in such manner,
may be payable at such place or places, may be made subject to redemption
in such manner and upon such terms, with or without
premium as is stated on the face thereof, may be executed in such manner
and may contain such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any bond ceases
(after attaching his signature) to hold office, his signature shall
nevertheless
be valid and effective for all purposes. The holder or holders of any bonds,
or interest coupons appertaining thereto issued by the Authority may bring
suits at law or proceedings in equity to compel the performance and observance
by the Authority or any of its officers, agents or employees of any
contract
or covenant made by the Authority with the holders of such bonds or interest
coupons, to compel the Authority and any of its officers, agents or
employees
to perform any duties required to be performed for the benefit of the holders
of any such bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and any of its
officers,
agents or employees from taking any action in conflict with any such contract
or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein provided it shall be the
duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed,
reconstructed, extended or improved with the proceeds of the sale of said
bonds sufficient at all times, with other revenues of the Authority to pay:
(a) The cost of maintaining, repairing, regulating and operating the said
facilities; and
(b) The bonds and interest thereon as they shall become due, and all sinking
fund requirements and other requirements provided by the ordinance authorizing
the issuance of the bonds or as provided by any trust agreement executed
to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical,
and cultural expositions, sport activities, exhibitions, office
rentals, and
air space leases and rentals and from other revenue, if any, the
Authority may
execute and deliver a trust agreement or agreements; provided that no lien
upon any physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust agreement
by the Authority may be by mandamus proceedings in the circuit court of Jasper
County
to compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized
issue, or any part thereof, shall be offered for sale as a unit after
advertising
for bids at least 3 times in a daily newspaper of general
circulation
published in the metropolitan area, the last publication to be at least
10 days before bids are required to be filed. Copies of such
advertisement
may be published in any newspaper or financial publication in the United
States. All bids shall be sealed, filed and opened as provided by ordinance
and the bonds shall be awarded to the highest and best bidder or bidders
therefor. The Authority shall have the right to reject all bids and readvertise
for bids in the manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less than par value,
without further advertising, within 60 days after the bids are required
to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/115-15)
Sec. 115-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Jasper County
Civic Center Authority Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/115-20)
Sec. 115-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 4 of Public Act
84-245), the
chairman of the county board of Jasper County, with the advice and consent
of the county board of Jasper County shall appoint 3 members of the
Board for initial terms expiring July 1, 1986; 3 members for initial terms
expiring July 1, 1987; and 3 members for initial terms expiring July 1,
1988. The successors of the initial members shall be appointed in like manner
for 3 year terms from the
date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/115-25)
Sec. 115-25.
Removal of Board members.
The appointing officer, with the advice and consent of the
county board, may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/115-30)
Sec. 115-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of Jasper County
in which the metropolitan area is located to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/115-35)
Sec. 115-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 120 heading) ARTICLE 120.
JEFFERSON COUNTY CIVIC CENTER
|
(70 ILCS 200/120-1)
Sec. 120-1.
Short title.
This Article may be cited as the
Jefferson County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/120-5)
Sec. 120-5.
Definitions.
When used in this Article:
"Authority" means the Jefferson County
Metropolitan Exposition, Auditorium
and Office Building Authority.
"Board" means the governing and administrative body of the Jefferson County
Metropolitan Exposition, Auditorium
and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the County of
Jefferson.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/120-10)
Sec. 120-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and
style of the Jefferson
County
Metropolitan Exposition, Auditorium and Office Building Authority in the
metropolitan area.
The principal office of
the
Jefferson County Metropolitan Exposition, Auditorium and Office Building
Authority shall be in the City of Mount Vernon.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/120-15)
Sec. 120-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Jefferson County
Metropolitan
Exposition, Auditorium and Office Building Board. The
members of the board shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/120-20)
Sec. 120-20.
Board members appointed.
Within 60 days
after January 1, 1984 (the effective date of Article 1 of Public Act
83-911), the Mayor
of Mount Vernon, with the advice and
consent
of the Mount Vernon City Council, shall appoint 7 members of
the
Board, 2 members to be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Mount Vernon City Council. At the expiration of the term
of any member,
his successor shall be appointed by the Mayor of Mount Vernon
in a like manner. All successors shall hold office for a term of 3 years
from the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/120-25)
Sec. 120-25.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 125 heading) ARTICLE 125.
JO DAVIESS COUNTY CIVIC CENTER
|
(70 ILCS 200/125-1)
Sec. 125-1.
Short title.
This Article may be cited as the Jo
Daviess County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-5)
Sec. 125-5.
Definitions.
When used in this Article:
"Authority" means the Jo Daviess County Civic Center Authority.
"Board" means the governing and administrative body of the Jo Daviess County
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within Jo Daviess County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-10)
Sec. 125-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Jo Daviess County
Civic Center Authority in the metropolitan area.
The principal office of
the Authority shall be in Jo Daviess County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-15)
Sec. 125-15. Rights and powers. The Authority shall have the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any other
way acquire, improve, extend, repair, reconstruct, regulate, operate, equip
and maintain fair expositions grounds, convention or exhibition centers,
civic auditoriums, and office and county buildings, including sites and
parking areas and facilities therefor located within the metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, trade
and scientific exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of fairs, exhibits,
shows and events whether conducted by the Authority or some other person
or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and facilities
in the manner provided for the exercise of the right of eminent domain under
the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds, centers,
buildings and auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges collected may
be made available to defray the reasonable expenses of the Authority and
to pay the principal of and the interest on any bonds issued by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/125-17) Sec. 125-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/125-20)
Sec. 125-20.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing
revenue bonds to refund any bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the revenues or income
to be derived from the fairs, expositions, exhibitions, rentals and leases
and other authorized activities operated by it, and from funds, if any,
received and to be received by the Authority from any other source. Such
bonds may bear such date or dates, may mature at such time or times not
exceeding 40 years from their respective dates, may bear interest at such
rate or rates, not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, may be in such form, may carry
such registration privileges, may be executed in such manner, may be payable
at such place or places, may be made subject to redemption in such manner
and upon such terms, with or without premium as is stated on the face thereof,
may be executed in such manner and may contain such terms and covenants,
all as may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold
office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining thereto
issued by the Authority may bring mandamus, injunction, or other civil
actions or
proceedings to compel the performance and observance by the Authority or
any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from taking
any action in conflict with any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract,
the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than
the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed the maximum rate
authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-22)
Sec. 125-22.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the
Authority under Section 125-20 be or
become an indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-25)
Sec. 125-25.
Bonds other than revenue bonds; election.
No bonds, other than revenue bonds issued pursuant to Section
125-20, shall be issued by the Authority until the proposition to
issue the same has been
submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "Jo Daviess County Civic Center Authority" YES to the amount of.... Dollars
($ ) be issued for the purpose NO of....?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/125-30)
Sec. 125-30.
Tax.
If a majority of the voters of said
metropolitan area
approve the issuance of bonds as provided in Section 125-25, the Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the County Clerk no later than the 3rd
Tuesday in September in each year. Thereupon the County Clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-35)
Sec. 125-35.
Board created.
The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Jo Daviess County Civic
Center Board. The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-40)
Sec. 125-40.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 6 of Public Act
84-245), the Jo
Daviess County Board shall appoint 9
members of the Jo Daviess County Civic Center
Board, 3 members to be appointed for terms of 1 year, 3
members to be appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each is appointed.
At the expiration of the term of any member, his successor shall be
appointed by the Jo Daviess County Board in like manner. All
successors shall hold
office for a term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-45)
Sec. 125-45.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested, upon request and a copy thereof shall
be filed with the County Clerk and the County Board of Jo Daviess County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/125-50)
Sec. 125-50.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 130 heading) ARTICLE 130.
KATHERINE DUNHAM METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
|
(70 ILCS 200/130-1)
Sec. 130-1.
Short title.
This Article may be cited as the Katherine Dunham
Metropolitan Exposition and Auditorium Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-5)
Sec. 130-5.
Definitions.
When used in this Article:
"Authority" means the Katherine Dunham Metropolitan Exposition, Auditorium
and Office Building Authority.
"Board" means the governing and administrative body of the Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of East St. Louis.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-10)
Sec. 130-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of Katherine Dunham
Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of East St. Louis.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-15)
Sec. 130-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Katherine Dunham
Metropolitan Exposition Auditorium and Office Building Board. The members
of the board shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-20)
Sec. 130-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 9 of Public Act
84-245), the Mayor
of East St. Louis with the advice and consent of the East St. Louis City
Council shall appoint 7 members of the Board, 2 members to be appointed
for a term of one year, 2 members to be appointed for terms of 2 years, and 3
members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the East St. Louis City Council. At the expiration of the term of any
member,
his successor shall be appointed by the Mayor of East St. Louis in a like
manner. All successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-25)
Sec. 130-25.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in St. Clair County
to compel compliance with the provisions of this Act relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/130-30)
Sec. 130-30.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 135 heading) ARTICLE 135.
LAKE COUNTY METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(Repealed by P.A. 92-850, eff. 8-26-02)
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(70 ILCS 200/Art. 140 heading) ARTICLE 140.
LEYDEN TOWNSHIP
SPACE NEEDS AUTHORITY
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(70 ILCS 200/140-1)
Sec. 140-1.
Short title.
This Article may be
cited as the
Leyden Township Space Needs Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-5)
Sec. 140-5.
Purpose.
The purpose of this Article is to provide a mechanism
for the efficient planning, construction and utilization of facilities
in Leyden Township.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-10)
Sec. 140-10.
Definitions.
In this Article:
"Authority" means the Leyden Township Space Needs Authority.
"Facilities" means offices, meeting rooms, space for child care, food,
senior citizen and health care services, and parking lots and access roads.
"Board" means the governing and administrative body of the Leyden Township
Space Needs Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of Leyden Township in Cook County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-15)
Sec. 140-15.
Creation of Authority.
(a) The Leyden Township Space Needs Authority is created as a political
subdivision, body politic, and municipal corporation in the metropolitan area.
(b) The principal office
of the Authority shall be in Leyden Township.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-20)
Sec. 140-20.
Duties.
The Authority shall plan for,
promote, operate, and
maintain facilities from time to time in the metropolitan area. In
connection with its duties, the Authority shall arrange, finance, and
maintain facilities for those purposes. Providing office space for lease
and rental is an integral function of the Authority. The Authority is
granted all rights and powers necessary to perform its duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-25)
Sec. 140-25.
Powers.
The Authority has the following
powers:
(a) To acquire, purchase, own, construct, lease as lessee, or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip, and maintain facilities, including sites, parking areas, and
commercial facilities for those structures, located within the metropolitan
area.
(b) To plan for grounds and buildings; to plan, sponsor, hold, arrange,
and finance cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds and buildings for
the holding of fairs, exhibits, shows, and events, whether conducted by the
Authority or some other person or governmental agency.
(c) To fix and collect just, reasonable, and nondiscriminatory (i)
charges and rents for the use of its parking areas and facilities,
and (ii) admission charges to fairs, shows, exhibits, and events sponsored
or held by the Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority.
(d) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-30)
Sec. 140-30.
Acquisition of property.
The Authority has
the power (i) to
acquire and accept by purchase, lease, gift, or otherwise any property or
rights from any person or persons or from any governmental agency, useful for
its purposes, (ii) to apply for and accept grants, matching grants, loans, or
appropriations from any governmental agency to be used for any of the purposes
of the Authority, and (iii) to enter into any agreement with a governmental
agency in relation to those grants, matching grants, loans, or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-35)
Sec. 140-35.
Creation of the Board.
The governing and
administrative
body of the Authority shall be a board consisting of 9 members and shall be
known as the Leyden Township Space Needs Authority Board. The members of
the Board shall be individuals of generally recognized ability and
integrity. The Supervisor of Leyden Township and the members of the
Leyden Township Board of Trustees may be appointed members of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-40)
Sec. 140-40.
Members of the Board.
Within 60 days after
January 1, 1992 (the effective date of Public Act 87-716), the supervisor of Leyden Township, with the advice and
consent of the Leyden Township board of trustees, shall appoint 3 members
of the Board for initial terms expiring December 31, 1992; 3 members for
initial terms expiring December 31, 1993; and 3 members for initial terms
expiring December 31, 1994. The successors of the initial members shall be
appointed in like manner for 3 year terms from the date of appointment,
except in case of an appointment to fill a vacancy for an unexpired term.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-45)
Sec. 140-45.
Removal of Board members.
The supervisor of Leyden Township, with
the advice and consent of the Leyden Township board of trustees, may remove
any member of the Board in case of incompetency, neglect of duty, or
malfeasance in office, after service on the member, by registered United
States mail, return receipt requested, of a copy of the written charges
against the member and after an opportunity to be publicly heard in person
or by counsel in his or her own defense upon being notified not less than
10 days before the hearing.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/140-50)
Sec. 140-50.
Contracts.
(a) All contracts for the sale of property of a value of more
than $10,000 or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment, and
services, when the expense will exceed $10,000, shall be let to the
lowest responsible bidder after advertising for bids, except (i) when
repair parts, accessories, equipment, or services are required for equipment
or services previously furnished or contracted for, (ii) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including without limitation
the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill, and (iii) when services such as water, light, heat, power,
telephone, or telegraph are required.
(b) All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible and, in any
event, in a manner calculated to ensure the best interests of
the public.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is empowered to
offer those leases upon terms it deems advisable.
(c) In determining the responsibility of any bidder, the Board may take
into account the past records of dealings with the bidder, the bidder's
experience, adequacy of equipment, and ability to complete performance
within the time set, and other factors besides financial responsibility,
but in no case shall any contracts be awarded to any other than the highest
bidder (in case of sale, concession, or lease) or the lowest bidder (in
case of purchase or expenditure) unless authorized or approved by a vote of
at least 5 members of the Board and unless the action is accompanied by a
statement in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be, which
statement shall be kept on file in the principal office of the Authority
and open to public inspection.
(d) Members of the Board, officers and employees of the Authority, and their
relatives within the third degree of consanguinity by the terms of the
civil law are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies, or equipment.
(e) The Board shall have the right to reject all bids and to readvertise
for bids. If no responsible and satisfactory bid within the terms of the
advertisement is received, the Board may award the contract without
competitive bidding if the contract is not less advantageous to the
Authority than any valid bid received in response to advertisement.
(f) The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/140-55)
Sec. 140-55.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-135. Report and financial statement.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 145 heading) ARTICLE 145.
MARENGO CIVIC CENTER
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(70 ILCS 200/145-1)
Sec. 145-1.
Short title.
This Article
may be cited as the Marengo
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-5)
Sec. 145-5.
Definitions.
When used in this Article:
"Authority" means the Marengo Civic Center Authority.
"Board" means the governing and administrative body of the Marengo Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of School District No. 154 in the County
of McHenry.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-10)
Sec. 145-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Marengo Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the Marengo Park District.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-15)
Sec. 145-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Marengo Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-20)
Sec. 145-20.
Board members appointed.
Within 60 days
after January 1, 1988 (the effective date of Article I of Public Act
85-793), the
President of the Marengo Park District, with the advice and consent of the
Marengo Park Board, shall appoint 3 members of the Board for initial terms
expiring June 1, 1988; 3 members for initial terms expiring June 1, 1989;
and 3 members for initial terms expiring June 1, 1990. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-25)
Sec. 145-25.
Removal of Board members.
The appointing officer, with the advice and consent of
the Marengo Park Board, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-30)
Sec. 145-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of McHenry County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/145-35)
Sec. 145-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 150 heading) ARTICLE 150.
MASON COUNTY CIVIC CENTER
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(70 ILCS 200/150-1)
Sec. 150-1.
Short title.
This Article may be cited as the
Mason County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-5)
Sec. 150-5.
Definitions.
When used in this Article:
"Authority" means the Mason County Civic Center Authority.
"Board" means the governing and administrative body of the Mason
County Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the County of Mason.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-10)
Sec. 150-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Mason County Civic
Center
Authority in the metropolitan area.
The principal office of
the Authority shall be in Mason County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-15)
Sec. 150-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Mason County Civic
Center Authority Board. The
members of the board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-20)
Sec. 150-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 3 of Public Act
84-245), the chairman
of the county board of Mason County with the advice and consent of the
county board of Mason County
shall appoint 3 members of the
Board for initial terms expiring June 1, 1986; 2 members for initial terms
expiring June 1, 1987; and 2 members for initial terms expiring June 1,
1988. The successors of the initial members shall be appointed in like manner
for 3 year terms from the
date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-25)
Sec. 150-25.
Removal of Board members.
The appointing officer, with the advice and consent of the county
board of Mason County, may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-30)
Sec. 150-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of Mason county
in which the metropolitan area is located to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/150-35)
Sec. 150-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or lowest bidder by
vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 155 heading) ARTICLE 155.
MATTESON CIVIC CENTER
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(70 ILCS 200/155-1)
Sec. 155-1.
Short title.
This Article may be cited as
the Matteson Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-5)
Sec. 155-5.
Definitions.
As used in this Article,
unless the context
otherwise requires:
"Authority" means the Matteson Metropolitan Civic Center Authority.
"Board" means the governing and administrative body of the Matteson
Metropolitan Civic Center Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Village of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-10)
Sec. 155-10.
Matteson Metropolitan Civic Center
Authority; creation.
There is hereby created a unit of local government known as the Matteson
Metropolitan Civic Center Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-15)
Sec. 155-15. Rights and powers. The Authority shall
have the following
rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair or exposition grounds, convention or exhibition
centers, civic auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located within the metropolitan
area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fair, exhibits, shows and events, whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, building and auditoriums, and parking areas and
facilities in the manner provided for the exercise of the right to eminent
domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums, and to collect admission charges to
fairs, shows, exhibits and events sponsored or held by the Authority. The
charges collected may be made available to defray the reasonable expenses
of the Authority and to pay the principal of and the interest on any bonds
issued by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/155-17) Sec. 155-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/155-18)
Sec. 155-18.
Acquisition of property; grants, loans and
appropriations.
The Authority shall have the power (i) to acquire and accept by purchase,
lease,
gift or otherwise any property or rights from any person or governmental
agency useful for its purposes, (ii) to apply for and accept
grants,
matching
grants, loans or appropriations from the State of Illinois or any agency
or instrumentality thereof to be used for any of the purposes of the Authority,
and (iii) to enter into any agreement with the State of Illinois or any
governmental
agency in relation to such grants, matching grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-20)
Sec. 155-20.
State and municipal financial support.
(a) The Authority
created by this Article shall receive financial support from the State in the
amounts provided for in Section 4 of the Metropolitan Civic Center Support
Act, as now or hereafter amended.
Notwithstanding anything to the contrary, the Authority's base sum of State
financial support under subdivision (3)(a)(ii) of Section 4 of the Metropolitan
Civic
Center Support Act, as now or hereafter amended, shall be calculated by
using the multiplier contained in
that Act times the total assessed valuation, as equalized by the Department
of Revenue, of all taxable property located within the metropolitan area of
the Authority for the year 1987.
(b) The Authority created by this Article may receive financial support from
any municipality in order for the Authority to undertake any of its
authorized rights and powers. Any municipality, both within and outside of
the metropolitan area, is authorized to pay and to irrevocably pledge to
the Authority or the holders of any bonds issued and sold by the Authority
pursuant to this Article any or all of its existing and future revenues derived
from its imposition of a tax upon all persons engaged in such municipality
in the business of renting, leasing or renting rooms in a hotel, as defined
in the Hotel Operator's Occupation Tax Act, as now or hereafter amended,
provided such municipality
determines, in its discretion, that such payment or pledge shall assist in,
among other things, attracting nonresident, overnight visitors to that
municipality.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-25)
Sec. 155-25.
Power to borrow money; bonds; issuance
and sale. The
Authority shall have continuing power to borrow money for the purpose of
carrying out and performing its duties and exercising its powers under this
Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and sell its revenue bonds,
and may also from time to time issue and sell its revenue bonds to refund
or advance refund any bonds. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any,
received and to be received by the Authority or pledged as security for
such bonds from any other source. Such bonds may bear such date or dates,
may mature at such time or times not exceeding 40 years from their
respective date, may bear interest at such rate or rates, may be in such
form, may carry such conversion, registration and exchange privileges, may
be subject to defeasance on such terms, may be executed in such manner, may
be payable at such place or places, may be made subject to redemption in
such manner and upon such terms, with or without premium as is stated on
the face thereof and may contain such terms and covenants, all as may be
provided in the ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his or her signature) to hold office, his
or her signature shall nevertheless be valid and effective for all purposes.
The
holder or holders of any bonds, or interest coupons appertaining thereto,
issued by
the Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or any of its
officers, agents or employees of any contract or covenant made by
the Authority
with the holders of such bonds or interest coupons, to compel the
Authority
and any of its officers, agents or employees
to perform any duties required to be performed for the benefit of the holders
of any such bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and any of its
officers,
agents or employees from taking any action in conflict with any such contract
or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code, as now or hereafter amended.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and
operating the facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue to be derived from the fairs, recreational, theatrical or
cultural expositions, sport activities, exhibitions, office rentals, and
air space leases and rentals, and other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided that no lien
upon any physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
The Authority shall have the right to sell its bonds by negotiated sale
or pursuant to advertisement and sealed bid.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-30)
Sec. 155-30.
Bonds; nature of indebtedness.
Under no
circumstances
shall any bonds issued by the Authority under Section 155-25 be or
become an
indebtedness or obligation of the State of Illinois or any unit of local
government (other than the Authority) or school district within the State,
nor shall any such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each such bond that it does
not constitute such an indebtedness or obligation but is payable solely
from revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-32)
Sec. 155-32.
Investments in bonds.
The
State and all counties,
cities, villages, incorporated towns and other units of local government
and public bodies, and public officers of any thereof; all banks,
bankers,
trust companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies and other
persons carrying on an insurance business; and all executors,
administrators, guardians, and trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or within
their control in any bonds issued pursuant to this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-35)
Sec. 155-35.
Elections; general obligation bonds; form
of ballot. No
bonds other than revenue bonds issued pursuant to Section 155-25
shall be
issued by the Authority until a proposition to issue the same has been
submitted to and approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in accordance with
the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set forth shall be in substantially
the following form:
Shall general obligation bonds of the Matteson Metropolitan Civic Center YES Authority to the amount of .....................Dollars ($........) be issued for
the purpose of ............. and shall annual taxes be authorized to be levied NO on all taxable property within the metropolitan area to pay such bond?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/155-40)
Sec. 155-40.
Bonds; principal and interest payments;
taxation.
If a majority of the voters of said metropolitan area approve the
issuance of bonds as provided in Section 155-35, the
Authority
shall have power to issue general obligation bonds, pledge its full faith
and credit to the payment thereof and levy taxes sufficient to pay for the
annual principal and interest charges on such bonds. Such bonds may bear
such date or dates, may mature at such time or times not exceeding 40 years
from their respective date, may bear interest at such rate or rates, may be
in such form, may carry such conversion, registration and exchange privileges,
may be subject to defeasance upon such terms, may be executed in such
manner, may be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or without premium as
is stated on the face thereof, may be sold by negotiated sale or pursuant
to advertisement and sealed bid, and may contain such terms and covenants,
all as may be provided by the Authority.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance and be
unlimited as to rate and amount.
A certified copy of such levy ordinance shall be filed with the county
clerk, and thereupon the county clerk shall extend such tax in each year as
provided in such ordinance and in accordance with law.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-45)
Sec. 155-45.
Board created.
The governing and administrative body of the Authority shall be a Board
consisting of 7 members and shall be known as the Matteson Metropolitan
Civic Center Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-50)
Sec. 155-50.
Members; terms; oath.
Membership on the Board shall consist of those persons duly elected to
serve on the Matteson Village Board of Trustees. Terms for members of the
Board of the Authority shall coincide with their respective terms of office
as members of the Matteson Village Board of Trustees. Before
entering upon the duties of his office, each member of the Board shall take
and subscribe the constitutional oath of office and file it in the office
of the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-55)
Sec. 155-55.
Contracts.
All contracts for
sale of property of the value of more than $10,000, or for a concession in
or lease of property, including air rights, of the Authority for a term of
more than one year, shall be awarded to the highest responsible bidder,
after advertising for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense thereof will
exceed $10,000, shall be let to the lowest responsible bidder, after
advertising for bids, except: (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required is such that
competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of
accountants, architects, attorneys, engineers, financial advisors,
investment bankers, physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such as water,
light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best
interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contract be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of
purchase or
expenditure) unless authorized or approved by a vote of at least 5 of
the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the
Authority and open to public inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
|
(70 ILCS 200/155-60)
Sec. 155-60.
Report; financial statement.
As soon after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-65)
Sec. 155-65.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 160 heading) ARTICLE 160.
MAYWOOD CIVIC CENTER
|
(70 ILCS 200/160-1)
Sec. 160-1.
Short title.
This Article may be cited as
the Maywood Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/160-5)
Sec. 160-5.
Definitions.
When used in this Article:
"Authority" means the Maywood Civic Center Authority.
"Board" means the governing and administrative body of the Maywood
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
village of Maywood.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/160-10)
Sec. 160-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Maywood Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Maywood.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/160-15)
Sec. 160-15.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely
from the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and covenants, all as
may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining
thereto issued by the Authority may bring suits at law or proceedings in
equity to compel the performance and observance by the Authority or any of
its officers, agents or employees of any contract or covenant made
by the
Authority with the holders of such bonds or interest coupons, to
compel
the Authority and any of its officers, agents or employees to perform any
duties required to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance authorizing
their issuance, and to enjoin the Authority and any of its officers, agents
or
employees from taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code, as now or hereafter amended.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any additional
bonds payable from such revenue income to be derived from the fairs,
recreational, theatrical, cultural, expositions, sports activities,
exhibitions, office rentals and air space leases and rentals, and other
revenue, if any, the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property of the
Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received, such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/160-20)
Sec. 160-20.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Maywood Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/160-25)
Sec. 160-25.
Board members appointed.
Within 60 days
after January 1, 1990 (the effective date of Article 5 of Public Act
86-888), the
President of the Village of Maywood shall appoint 3 members of the
Board for initial terms expiring June 1, 1990; 2 members for initial terms
expiring June 1, 1991; and 2 members for initial terms expiring June 1,
1992. The successors of the initial members shall be appointed in like
manner for 3 year terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/160-30)
Sec. 160-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Cook County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/160-35)
Sec. 160-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or lowest bidder by
vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 165 heading) ARTICLE 165.
MELROSE PARK CIVIC CENTER
|
(70 ILCS 200/165-1)
Sec. 165-1.
Short title.
This Article may be
cited as the Melrose Park Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/165-5)
Sec. 165-5.
Definitions.
When used in this Article:
"Authority" means the Melrose Park Metropolitan Exposition Auditorium
and Office Building Authority.
"Board" means the governing and administrative body of the Melrose Park
Metropolitan Exposition Auditorium and Office Building Authority.
"Metropolitan Area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
Village of Melrose Park.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/165-10)
Sec. 165-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Melrose Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/165-15)
Sec. 165-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Melrose Park
Metropolitan Exposition Auditorium and Office Building Board. The members
of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/165-20)
Sec. 165-20.
Board members appointed.
Within 60 days
after January 1, 1990 (the effective date of Article II of Public Act 86-8), the
Village President of the Village of Melrose Park,
with the advice and consent of the
Village of Melrose Park Board of Trustees, shall appoint 2 members of the
Board for initial terms
expiring June 1, 1990; 2 members for initial terms expiring June 1, 1991;
and 3 members for initial terms expiring June 1, 1992. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/165-25)
Sec. 165-25.
Removal of Board members.
The Village President of the Village of Melrose Park,
with the advice and consent of
the Village of Melrose Park Board of Trustees, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/165-30)
Sec. 165-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Cook County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/165-35)
Sec. 165-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 170 heading) ARTICLE 170.
METROPOLITAN CIVIC CENTER
|
(70 ILCS 200/170-1)
Sec. 170-1.
Short title.
This Article may be cited as the Metropolitan
Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/170-5)
Sec. 170-5.
Definitions.
When used in this Article:
"Authority" means any Metropolitan Exposition, Auditorium and Office
Building Authority, as provided in this Article.
"Board" means the governing and administrative body of any Metropolitan
Exposition, Auditorium and Office Building Authority, as provided in this
Article.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the county or counties
establishing an authority as provided in this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/170-10)
Sec. 170-10.
Creation of Authority; principal office.
The
county board of any county having an assessed valuation,
as equalized by the Department of Revenue, of all real
property located within the county of at least $300 million but less
than $5 billion, or the county boards, acting jointly, of any
combination of counties having an assessed valuation, as equalized by
the Department of Revenue, of all real property within
such combination of counties within the limits established by this
Section may by resolution or ordinance provide for the formation of a
Metropolitan Exposition, Auditorium and Office Building Authority with
the powers, duties, responsibilities and privileges provided in this
Article.
The principal
office of the Authority shall be at the site of the Authority's
buildings.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/170-15)
Sec. 170-15.
Rights and powers.
The Authority shall have the following rights and powers:
(a) To acquire, own, construct, lease, operate and maintain fair,
exposition, arena, office building and associated facilities and grounds,
to fix and collect just, reasonable and nondiscriminatory charges for the
use of such facilities, and to lease air space over and appurtenant to such
facilities. The charges so collected shall be made available to defray the
reasonable expenses of the Authority and to pay the principal of and the
interest upon any bonds issued by the Authority.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/170-20)
Sec. 170-20.
Acquisition of property; money from State.
The Authority shall have the power to acquire and accept by purchase,
lease, gift or otherwise any property or rights from any person or persons,
any municipal corporation, body politic, or agency of the State, or from
the State itself, useful for its purposes, and to apply for an accept
grants, matching grants, loans or appropriations from the State of Illinois
or any agency or instrumentality thereof to be used for any of the purposes
of the Authority and to enter into any agreement with the State of Illinois
in relation to such grants, matching grants, loans or appropriations.
An Authority located in a county with a population over 50,000 and under
70,000 according to the 1980 federal census may acquire real property or
interests in real property by condemnation for any of the purposes of the
Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/170-22) Sec. 170-22. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/170-25)
Sec. 170-25.
Bonds other than revenue bonds.
No bonds, other than revenue bonds issued pursuant to Section 2-52,
shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "Metropolitan Exposition, Auditorium and Office YES Building Authority" to the amount
of.... Dollars ($ ) be issued NO for the purpose of ?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/170-30)
Sec. 170-30.
Tax.
If a majority of the voters of the
metropolitan area approve the issuance of bonds as provided in Section 170-25,
the Authority shall have power to levy and collect annually a sum sufficient to
pay for the annual principal and interest charges by a sum equal to such grants
or matching grants as the Authority shall receive, in any year, for this
purpose.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98; 90-655, eff. 7-30-98.)
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(70 ILCS 200/170-35)
Sec. 170-35.
Board created.
The governing and
administrative body of the Authority shall be
a board consisting of 9 members and shall be known as the
Metropolitan Exposition Auditorium and Office Building Board. The members
of the board shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/170-40)
Sec. 170-40.
Board members appointed.
Within 60 days after a county board of a single county qualified as
an Authority under the provisions of Section 170-10 shall
adopt a
resolution or ordinance providing for an Authority, the county board
chairman, with the advice and consent of the county board, shall appoint
3 members of the board for an initial term expiring the second June
first after appointment; and 3 members of the board for an initial term
expiring the third June first after appointment; and 3 members of the
board for an initial term expiring the fifth June first after
appointment, and until their successors have been appointed and
qualified. At the expiration of the term of any member, the county board
chairman, with the advice and consent of the county board, shall appoint
his successor in like manner for a term of 5 years from the first day of
June of the year in which they are appointed, except in case of an
appointment to fill a vacancy.
The Board of Authorities comprised of combinations of counties, as
provided in Section 170-10, shall be appointed in the
following
manner: memberships for the Board shall be apportioned among the member
counties, as nearly as possible, according to the proportion each
county's assessed valuation, as equalized by the Department of Revenue,
of all real property located within the county bears
to the total assessed valuation, as equalized by the Department of Revenue,
of all real property located within the Authority.
The initial terms of such appointees for each such county shall then be
determined by lot. Each such county chairman, with the advice and
consent of his respective county board, shall then appoint the members
allotted to him in the manner provided in this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/170-45)
Sec. 170-45.
Meetings; quorum; approval of ordinances and resolutions by
chairman; public records. Regular meetings of the Board shall be
held at least once in each
calendar month, the time and place of such meetings to be fixed by the
Board.
Five members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution.
All such
ordinances and resolutions before taking effect shall be approved by the
chairman of the Board, and if he shall not approve thereof he shall sign
the same, and such as he shall not approve he shall return to the Board
with his objections thereto in writing at the next regular meeting of
the Board occurring after the passage thereof. But in case the chairman
shall fail to return any ordinance or resolution with his objections
thereto by the time aforesaid, he shall be deemed to have approved the
same and it shall take effect accordingly. Upon the return of any
ordinance or resolution by the chairman with his objections, the vote by
which the same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is passed by the
affirmative vote of at least 6 members, it shall go into effect
notwithstanding the veto of the chairman.
All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records, and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which the
Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/170-50)
Sec. 170-50. Contracts. All contracts for sale of
property of the value of more than $10,000 or
for a concession in or lease of property, including air rights, of the
Authority for a term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services, when the expense
thereof will exceed $10,000, shall be let to the lowest responsible bidder,
after advertising for bids, excepting (1) when repair parts, accessories,
equipment or services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest of the public,
including, without limiting the generality of the foregoing, the services
of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat, power, telephone
or
telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
three-fourths of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross receipts
of which are not taxable under the Retailers' Occupation Tax
Act, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the lowest in
amount of said adjusted bids and bids for sales the gross receipts of which
are taxable under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be in the amount of the original bid
not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his bid
with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 99-642, eff. 7-28-16.)
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(70 ILCS 200/170-55)
Sec. 170-55.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring
a civil action in the circuit court within the boundaries of the Authority
to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/170-60)
Sec. 170-60.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable semi-annually;
bond sale price; effect of Omnibus Bond Acts.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 175 heading) ARTICLE 175.
MILFORD CIVIC CENTER
|
(70 ILCS 200/175-1)
Sec. 175-1.
Short title.
This Article may be cited as the Milford
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-5)
Sec. 175-5.
Definitions.
As used in this Article,
unless the context otherwise requires:
"Authority" means the Milford Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Milford
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan Area" means all that territory which lies within the
corporate boundaries of the Village of Milford.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-10)
Sec. 175-10.
Authority created; principal office.
There
is hereby created a unit of local government known as the
Milford Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the Village of Milford.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-12)
Sec. 175-12.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-13)
Sec. 175-13.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article,
it being the purpose of this Section to authorize the investment in such
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers; provided, however, that nothing contained in this Section may be
construed as relieving any person from any duty of exercising reasonable
care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-15)
Sec. 175-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Milford
Metropolitan
Exposition, Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-20)
Sec. 175-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 7 of Public Act
84-245), the
Village President of Milford, with the advice and consent of the Milford
Village Board of Trustees, shall appoint
7 members of the Board, 2 members to be appointed for terms expiring
July 1, 1988,
2 members to be appointed for terms expiring July 1, 1987, and 3 members
to be appointed for terms expiring July 1, 1986, such
terms commencing on the date
each is appointed.
At the expiration of the term of any member,
his successor shall be appointed by the Village President of Milford in
a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-25)
Sec. 175-25.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient,
the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Milford.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/175-30)
Sec. 175-30.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other actions to compel
performance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 180 heading) ARTICLE 180.
NORMAL CIVIC CENTER
|
(70 ILCS 200/180-1)
Sec. 180-1.
Short title.
This Article may be cited as the
Normal Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-5)
Sec. 180-5.
Definitions.
When used in this Article:
"Authority" means the Normal Civic Center Authority.
"Board" means the governing and administrative body of the Normal
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Normal in the County of McLean.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-10)
Sec. 180-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Normal Civic Center
Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of Normal.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-15)
Sec. 180-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Normal Civic
Center Authority Board. The
members of the board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-20)
Sec. 180-20.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 2 of Public Act
84-245), the
Mayor of the City of Normal with the advice and consent
of the Normal City Council shall appoint 3 members of the
Board for initial terms expiring June 1, 1986; 3 members for initial terms
expiring June 1, 1987; and 3 members for initial terms expiring June 1,
1988. The successors of the initial members shall be appointed in like manner
for 3 year terms from the
date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-25)
Sec. 180-25.
Removal of Board members.
The appointing officer, with the advice and consent of the Normal
City Council, may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-30)
Sec. 180-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of McLean County in which the metropolitan area is located to compel
compliance with the provisions of this Article relating to the
awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/180-35)
Sec. 180-35.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 185 heading) ARTICLE 185.
OAK PARK CIVIC CENTER
|
(70 ILCS 200/185-1)
Sec. 185-1.
Short title.
This Article may be cited as the Oak
Park Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/185-5)
Sec. 185-5.
Definitions.
When used in this Article:
"Authority" means the Oak Park Civic Center Authority.
"Board" means the governing and administrative body of the Oak Park
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate limits of the Village of Oak Park.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/185-10)
Sec. 185-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Oak Park
Civic Center Authority in the metropolitan area.
The principal office of
the Authority shall be in the Village of Oak Park.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/185-15)
Sec. 185-15. Rights and powers. The Authority shall
have the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any other
way acquire, improve, extend, repair, reconstruct, regulate, operate, equip
and maintain fair expositions grounds, convention or exhibition centers,
civic auditoriums, and office and county buildings, including sites and
parking areas and facilities therefor located within the metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, trade
and scientific exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of fairs, exhibits,
shows and events whether conducted by the Authority or some other person
or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and facilities
in the manner provided for the exercise of the right of eminent domain under
the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds, centers,
buildings and auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges collected may
be made available to defray the reasonable expenses of the Authority and
to pay the principal of and the interest on any bonds issued by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/185-17) Sec. 185-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/185-20)
Sec. 185-20.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing
revenue bonds to refund any bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the revenues or income
to be derived from the fairs, expositions, exhibitions, rentals and leases
and other authorized activities operated by it, and from funds, if any,
received and to be received by the Authority from any other source. Such
bonds may bear such date or dates, may mature at such time or times not
exceeding 40 years from their respective dates, may bear interest at such
rate or rates, not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, may be in such form, may carry
such registration privileges, may be executed in such manner, may be payable
at such place or places, may be made subject to redemption in such manner
and upon such terms, with or without premium as is stated on the face thereof,
may be executed in such manner and may contain such terms and covenants,
all as may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold
office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining thereto
issued by the Authority may bring mandamus, injunction, or other civil
actions or
proceedings to compel the performance and observance by the Authority or
any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from taking
any action in conflict with any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract,
the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than
the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed the maximum rate
authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-25)
Sec. 185-25.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the
Authority under Section 185-20 be or
become an indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-30)
Sec. 185-30.
Bonds other than revenue bonds; election.
No bonds, other than revenue bonds issued pursuant to Section 185-20,
shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "Oak Park Civic Center Authority" to the YES amount of .... Dollars ($ )
be issued for the purpose of NO .......?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/185-35)
Sec. 185-35.
Tax.
If a majority of the voters of said
metropolitan area
approve the issuance of bonds as provided in Section 185-30,
the Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-40)
Sec. 185-40.
Board created.
The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Oak Park Civic
Center Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-45)
Sec. 185-45.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 10 of Public Act
84-245), the
President of the Village of Oak Park shall appoint 9
members of the Oak Park Civic Center
Authority with the advice and consent of the Board of Trustees of the
Village of Oak Park, 3 members to be appointed for terms of 1 year, 3
members to be appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each is appointed.
At the expiration of the term of any member, his successor shall be
appointed in like manner. All
successors shall hold
office for a term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-50)
Sec. 185-50.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient,
the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested, upon request and a copy thereof shall
be filed with the County Clerk of Cook County and the President of the
Village of Oak Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/185-55)
Sec. 185-55.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 190 heading) ARTICLE 190.
ORLAND PARK CIVIC CENTER
|
(70 ILCS 200/190-1)
Sec. 190-1.
Short title.
This Article may be cited as the Orland Park Civic Center Law
of
1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-5)
Sec. 190-5.
Definitions.
As used in this Article,
unless the context otherwise requires:
"Authority" means the Orland Park Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Orland Park
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Village of Orland Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-10)
Sec. 190-10.
Authority created; principal office.
There is hereby created a unit of local government known as the
Orland Park Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office of the Authority shall be in the Village of Orland Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-15)
Sec. 190-15.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-20)
Sec. 190-20.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article,
it being the purpose of this Section to authorize the investment in such
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers; provided, however, that nothing contained in this Section may be
construed as relieving any person from any duty of exercising reasonable
care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-25)
Sec. 190-25.
Bonds other than revenue bonds.
No
bonds, other than revenue bonds issued pursuant to Section 2-51,
shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance
with the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set
forth shall be in substantially the following form:
Shall bonds of the "Orland Park YES Metropolitan Exposition, Auditorium and Office Building
Authority" to the amount of..... Dollars ($ ) be issued for the purpose of....? NO
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/190-30)
Sec. 190-30.
Tax.
If a majority of the voters of said
metropolitan area approve the
issuance of bonds as provided in Section 190-25, the
Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value of the taxable property in the metropolitan area, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-35)
Sec. 190-35.
Board created.
The governing and
administrative body of the Authority shall be a board consisting of 7 members
and shall be known as the Orland Park Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-40)
Sec. 190-40.
Board members appointed.
Within 60 days
after September 17, 1984 (the effective date of Article 4 of Public Act
83-1456), the
Village President of Orland Park, with the advice and consent of the Orland
Park Village Board of Trustees, shall appoint
7 members of the Board, 2 members to be appointed for terms of one year,
2 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Orland Park Village Board of Trustees. At the expiration of the
term of any member, his successor shall be appointed by the Village
President of Orland Park in a like manner. All successors shall hold office
for a term of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-45)
Sec. 190-45.
General manager; other appointments.
The
Board may appoint a general manager who shall be a person
of recognized ability and business experience to hold office at the
pleasure of the Board. The general manager shall manage the properties and
business of the Authority and of the employees thereof subject to the
general control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board, and shall
perform such other duties as may be prescribed from time to time by the
Board. The Board may delegate its authority to appoint and act as employer
to the governing body of the Village of Orland Park, and any such
delegation of power occurring before September 26, 1991 (the effective date
of Public Act 87-738) is hereby validated.
The Board may appoint a general attorney
and a chief engineer and shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and employees as may be
necessary. The Board shall define their duties and require bonds of such
of them as the Board may designate.
The general manager, general attorney,
chief engineer, and all other officers provided for pursuant to this
Section shall be exempt from taking and subscribing any oath of office and
shall not be members of the Board.
The compensation of the general
manager, general attorney, chief engineer, and all other officers,
attorneys, consultants, agents and employees shall be fixed by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-50)
Sec. 190-50.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Orland Park.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/190-55)
Sec. 190-55.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other actions to compel
performance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 195 heading) ARTICLE 195.
OTTAWA CIVIC CENTER
|
(70 ILCS 200/195-1)
Sec. 195-1.
Short title.
This Article may be cited as the Ottawa Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-5)
Sec. 195-5.
Definitions.
When used in this Article:
"Authority" means the Ottawa Civic Center Authority.
"Board" means the governing and administrative body of the Ottawa Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of Ottawa in the
County of LaSalle.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-10)
Sec. 195-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Ottawa Civic Center
Authority in the metropolitan area.
The principal office of the Authority shall be in the City of Ottawa.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-15)
Sec. 195-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Ottawa Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-20)
Sec. 195-20.
Board members appointed.
Within 60 days
after September 11, 1989 (the effective date of Article 5 of Public Act
86-907), the
Mayor of the City of Ottawa, with the advice and consent of the
Ottawa City Council, shall appoint 3 members of the Board for initial terms
expiring June 1, 1990; 3 members for initial terms expiring June 1, 1991;
and 3 members for initial terms expiring June 1, 1992. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-25)
Sec. 195-25.
Removal of Board members.
The Mayor of the City of Ottawa, with the advice and consent of
the Ottawa City Council, may remove any member of the
Board appointed by him or her, in case of incompetency, neglect of duty or
malfeasance in office, after service on the member, by registered United States
mail, return receipt requested, of a copy of the written charges against
him or her and an opportunity to be publicly heard in person or by counsel in
his
or her own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-30)
Sec. 195-30.
Report and financial statement.
As soon
after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the Mayor of the City
of Ottawa.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/195-35)
Sec. 195-35.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 200 heading) ARTICLE 200.
PEKIN CIVIC CENTER
|
(70 ILCS 200/200-1)
Sec. 200-1.
Short title.
This Article may be cited as the Pekin Civic
Center Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-5)
Sec. 200-5.
Definitions.
When used in this Article:
"Authority" means the Pekin Civic Center Authority.
"Board" means the governing and administrative body of the Pekin
Civic Center Authority.
"Metropolitan area" means all that territory which is in the corporate
boundaries of the City of Pekin.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-10)
Sec. 200-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Pekin
Civic Center Authority in the metropolitan area.
The principal offices of the Authority shall be within the metropolitan area.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-15)
Sec. 200-15. Rights and powers. The Authority shall
have the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any other
way acquire, improve, extend, repair, reconstruct, regulate, operate, equip
and maintain exhibitions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including sites and parking
areas and facilities therefor located within the metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange and finance fairs, industrial, cultural, educational, trade
and scientific exhibits, shows and events and to use or allow the use
of such grounds, centers and auditoriums
for the holding of fairs, exhibits, shows and events whether conducted
by the Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and facilities
in the manner provided for by the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds, centers,
buildings and auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges collected may
be made available to defray the reasonable expenses of the Authority and to
pay the principal of and the interest on any bonds issued by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/200-17) Sec. 200-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/200-20)
Sec. 200-20.
Bonds; nature of indebtedness.
Under no
circumstances, except by express written agreement
of the Authority and the State or a political subdivision or subdivision
adopted pursuant to Article VII, Section 10, of the Constitution, shall any
bonds issued by the Authority
be or become an indebtedness or obligation of the State of Illinois or of
any other political subdivision of or municipality within the State, nor
shall any such bond or obligation be or become an indebtedness of
the Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each bond that it does
not constitute such an indebtedness or obligation but is payable solely
from the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-25)
Sec. 200-25.
Bonds other than revenue bonds; election.
No bonds, other than revenue bonds issued pursuant to
Section 2-50, or bonds issued pursuant to an intergovernmental
agreement as
contemplated by the exception contained in Section 200-20, shall
be issued by
the Authority until the proposition to issue the same has been submitted to
and approved by a majority of the voters of said metropolitan area voting
upon the proposition at a general election, after at least 10 days notice
of such submission has been given by publishing said notice one time in one
or more newspapers published in said metropolitan area. Any proposition to
issue bonds as herein set forth shall be submitted upon ballot separate and
distinct from any other ballot and may be in substantially the following form:
Shall bonds of the "Pekin Civic Center Authority" to YES the amount of ___________ Dollars
($ ) be issued for the NO purpose of ?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/200-30)
Sec. 200-30.
Tax.
If a majority of the voters of said
metropolitan area
approve the issuance of bonds as provided in Section 200-25, or if
an intergovernmental agreement is executed with a political subdivision or
subdivisions for the issuance of full faith and credit bonds, the Authority
shall have power to levy and collect annually a sum sufficient to pay for
the annual principal and interest charges on such bonds; provided, that
such tax levy shall be reduced by a sum equal to such grants or matching
grants as the Authority shall receive, in any year, for this purpose and
provided, in the case of bonds issued pursuant to intergovernmental
agreement, said tax is valid only within the subdivisions executing the
agreement with the Authority.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance. After
the ordinance has been adopted it shall, within 10 days after its passage,
be published once in a newspaper published and having a general circulation
within the metropolitan area. A certified copy of such levy ordinance
shall be filed with the county clerk no later than the 3rd Tuesday in
September in each year. Thereupon the county clerk shall extend such tax;
provided the aggregate amount of taxes levied for any one year shall not
exceed the rate of .05% of the value of the taxable property of the
metropolitan area, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-35)
Sec. 200-35.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Pekin
Civic Center Authority Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-40)
Sec. 200-40.
Board members appointed.
Within 60 days
after September 16, 1984 (the effective date of Article II of Public Act
83-1435), the Mayor
of Pekin with the advice and consent of the Pekin City Council shall appoint
7 members of the Board, 2 members to be appointed for terms of one year,
2 members to be appointed for terms of 2 years, and 3 members to be appointed
for terms of 3 years, such terms commencing on the date each is appointed.
One of the members appointed may be a representative from the Pekin City
Council. At the expiration of the term of any member, his successor shall
be appointed by the Mayor of Pekin in a like manner. All successors shall
hold office for a term of 3 years from the date of appointment, except in
case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/200-45)
Sec. 200-45.
Meetings; quorum; approval of ordinances and resolutions
by chairman; public records. Regular meetings of the Board
shall be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board.
Four members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 4 members shall be
necessary for the adoption of any ordinance or resolution.
All such ordinances and resolutions before taking effect shall be approved
by the chairman of the Board, and if he shall approve thereof he shall sign
the same, and such as he shall not approve he shall return to the Board
with his objections thereto in writing at the next regular meeting of the
Board occurring after the passage thereof. But in case the chairman shall
fail to return any ordinance or resolution with his objections thereto by
the time aforesaid, he shall be deemed to have approved the same and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairman with his objections, the vote by which the same
was passed shall be reconsidered by the Board, and if upon such
reconsideration said ordinance or resolution is passed by the affirmative
vote of at least 5 members, it shall go into effect notwithstanding the
veto of the chairman.
All ordinances, resolutions and all proceedings of
the Authority and all documents and records in its possession shall be
public records, and open to public inspection, except such documents and
records as shall be kept or prepared by the Board for use in negotiations,
actions or proceedings to which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/200-50)
Sec. 200-50.
Contracts.
All contracts for sale of
property of the value of more than
$10,000 or for any concession in or lease of property, including air
rights,
of the Authority for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1) when repair
parts, accessories, equipment or services are required for equipment or
services previously furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
In determining the responsibility of any bidder, the Board may take in
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
three-fourths of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be selected
in the following manner: to all bids for sales the gross receipts of which
are not taxable under the Retailers' Occupation Tax Act, there shall be added an amount equal to the tax which
would be payable under said Act, if applicable, and the lowest in amount of
said adjusted bids and bids for sales the gross receipts of which are
taxable under said Act shall be considered the lowest bid; provided, that,
if said lowest bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be
in the amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his
bid with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall not be less
advantageous to the Authority than any valid bid received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/200-55)
Sec. 200-55.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in Tazewell
County to compel compliance with the provisions of this Article
relating to the
awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/200-60)
Sec. 200-60.
Report and financial statement.
As soon
after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the Mayor of Pekin.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/200-65)
Sec. 200-65.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 205 heading) ARTICLE 205.
PEORIA CIVIC CENTER
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(70 ILCS 200/205-1)
Sec. 205-1.
Short title.
This Article may be cited as the Peoria Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-5)
Sec. 205-5.
Definitions.
When used in this Article:
"Authority" means Peoria Civic Center Authority.
"Board" means the governing and administrative body of the Peoria Civic
Center Authority.
"City" means the City of Peoria, Illinois.
"City clerk" means the City Clerk of the City of Peoria, Illinois.
"City council" means the City Council of the City of Peoria, Illinois.
"Net revenues" means the revenues of the Authority exclusive of taxes
after deducting all costs of operation and maintenance and such reserves as
may be deemed necessary or advisable by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-10)
Sec. 205-10.
Creation of Authority; principal office.
There is hereby created a political subdivision, body politic and
municipal corporation by the name and style of Peoria Civic Center
Authority whose boundaries are coextensive with the City of Peoria, as the
same are now or may be in the future.
The principal office of the Authority shall be in the City of Peoria.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-15)
Sec. 205-15. Rights and powers. The Authority shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in any other way
acquire, improve, extend, repair, reconstruct, regulate, operate, equip and
maintain fair and exposition grounds, convention or exhibition centers and
civic auditoriums, including sites and parking areas and facilities
therefor located within the City area, and to lease air space over and
appurtenant to such facilities;
(b) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency;
(c) To exercise the right of eminent domain, to acquire sites for such
grounds, centers and auditoriums, and parking areas and facilities in the
manner provided for the exercise of the right of
eminent domain under the Eminent Domain Act;
(d) To fix and collect just, reasonable and nondiscriminatory charges
for the use of such parking areas, and facilities, grounds, centers and
auditoriums and admission charges to fairs, shows, exhibits and events
sponsored or held by the Authority. The charges collected may be made
available to defray the reasonable expenses of the Authority and to pay the
principal of and the interest of any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/205-17) Sec. 205-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/205-20)
Sec. 205-20.
Power to acquire property.
The Authority shall have the power (i) to acquire and accept by purchase,
lease, gift, or otherwise any property or rights useful for the Authority's
purposes from any person or
persons, any municipal corporation, body politic, or agency of the State,
or from the State itself, (ii) to apply
for and
accept grants, matching grants, loans or appropriations from the State of
Illinois or any agency or instrumentality thereof to be used for any of the
purposes of the Authority, and (iii) to enter into any agreement with
the State of
Illinois in relation to such grants, matching grants, loans or
appropriations, with the power to use any gift, grant, or other income for
any lawful purpose of the Authority including the abatement of any taxes
levied or assessed pursuant to the terms of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-25)
Sec. 205-25.
Grants from federal government.
The Authority shall have the power to apply for and accept grants,
matching grants, loans or appropriations from the federal government or any
agency or instrumentality thereof to be used for any of the purposes of the
Authority and to enter into any agreement with the federal government in
relation to such grants, matching grants, loans or appropriations with the
power to use any gift, grant, or other income for any lawful purpose of the
Authority including the abatement of any taxes levied or assessed pursuant
to the terms of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-30)
Sec. 205-30.
Levy of taxes.
For all preliminary expenses, architectural, engineering,
accounting,
legal and otherwise that are incident to the proper planning and
development of a civic center; for the purpose of payment for land that
is leased, condemned or purchased for an exposition, convention,
exhibition center for auditorium and other supporting facilities of a
like nature necessary or desirable for the proper development of a civic
center; for the purchase, construction, equipping, supplying and
furnishing of such grounds and buildings and for the payment of all
expenses incident thereto; for the payment of the principal and interest
on bonds of the Authority issued pursuant to Section 205-35 and
for all other corporate purposes set forth in this Article, the
City Council
may, upon the request of the Board, levy, upon all taxable property in
the City, without referendum, a tax that will produce an aggregate
amount not exceeding $300,000, exclusive of any amounts levied for the
payment of principal and interest on the bonded interest of the
Authority. This tax need not be levied in one year but may be levied in
a period of up to 10 years so long as the total limit of $300,000 is not
exceeded. Thereafter, if the proposition for the levy of such a tax has
been submitted to the electors of the City at an election and has received the
affirmative vote of those voting on the proposition, the City Council
may levy annually, upon all taxable property in the City, a tax at a
rate not exceeding .05% of the value of the taxable property in the
City, as equalized or assessed by the Department of Revenue which rate limitation
is exclusive of any amount levied for the
payment of principal and interest on the bonded indebtedness of the
Authority. The City Council may order such proposition submitted, in accordance
with the general election law by adoption of a resolution so ordering and
certified in accordance therewith.
All net revenues received by the Authority shall be credited against
all taxes that are levied or assessed pursuant to the provisions of this
Section and said tax levied shall be abated accordingly on an annual
basis.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-35)
Sec. 205-35.
Borrowing money; revenue bonds; nature
of indebtedness; investment in bonds. The Authority shall have continuing
power to borrow money for the purpose of carrying out and performing its duties
and exercising its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding forty years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract,
payable semi-annually, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and covenants, all as
may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining
thereto issued by the Authority may bring mandamus, injunction, or other
civil
actions or proceedings to compel the performance and observance
by the
Authority or any of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds or interest
coupons, to compel the Authority and any of its officers, agents or
employees to perform any duties required to be performed for the benefit of
the holders of any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the Authority and any
of
its officers, agents or employees from taking any action in conflict with
any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine except that if
issued to bear interest at the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
the bonds shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a rate of less
than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, shall be such that the interest
cost to the Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of its facilities sufficient at
all times with other revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions or proceedings in any court of competent
jurisdiction to compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf such action may be
instituted.
Under no circumstances shall any revenue bonds issued by the Authority
be or become an indebtedness or obligation of the State of Illinois or of
any other political subdivision of or municipality within the State, nor
shall any such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income as aforesaid.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations; political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article, it being the purpose of this Section to
authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this Section may be construed as relieving any person from any
duty of exercising reasonable care in selecting securities for investment.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the
General Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear to be or to have been more restrictive than those Acts, (ii) that
the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-40)
Sec. 205-40.
Bonds other than revenue
bonds; election; tax.
The Authority may, with the consent of the City Council expressed by
ordinance, and pursuant to referendum hereinafter provided borrow money
and incur an indebtedness and issue bonds therefor in the amount or
amounts not to exceed in the aggregate 2% of the total value of the
taxable property of the Authority as equalized or assessed by the
Department of Revenue for the purpose of exercising its
powers under this Article, including but not to be limited to the
purpose of
project planning, the purchasing, leasing, condemning or otherwise
acquiring site property, the construction and furnishing of all
buildings and other improvements directed pursuant to this Article
including
all reasonable landscape and site preparation and including interest on
its bonds for the period of construction and not exceeding one year
thereafter; and to issue general obligation bonds as evidence of the
indebtedness incurred. In addition to other purposes, such bonds may be
issued for the purpose of refunding outstanding general obligation bonds
of the Authority, provided that any refunding bonds will not require
consent of the City Council. Such bonds shall be issued in the corporate
name of the Authority and they shall be sealed with the corporate seal
of the Authority and signed by the chairman and the secretary of the
Board, provided that the signature of the chairman may be his facsimile
signature. Coupons on all bonds shall bear the facsimile signatures of
the chairman and the secretary. Bonds may be made registrable as to
principal only on the books of the treasurer but coupons shall remain
transferable by delivery merely notwithstanding any such
registration.
The bonds shall bear interest at a rate or rates of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature within 40 years from
the date of issuance, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time and
in the manner and at such premium as may be provided in the bond
resolution. The proceeds of the sale of said bonds shall be received by the
treasurer of the Authority and expended by the Board for the purpose or
purposes provided in the bond resolution.
Bonds may be sold upon such terms and in such manner as may be
designated by the Authority provided that no sale shall be made at less
than par and accrued interest and further provided that the principal of
and interest on any such bonds shall be made payable at such bank or
banks as may be designated by the Authority.
No bonds, other than revenue bonds issued pursuant to Section 205-35, shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters residing in the
City of Peoria voting upon the proposition at an
election in accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular election in
accordance with the general election law, whereupon the recording officer
shall certify the resolution and the proposition to the proper election
officials for submission. Any
proposition to issue bonds as herein set forth shall be in
substantially the following form:
Shall bonds of the Peoria Civic Center YES Authority to the amount of Dollars ($....)
be issued for the purpose of....? NO
If a majority of the votes cast on the proposition are in the
affirmative, the Authority may levy and collect annually a sum
sufficient to pay for the annual principal and interest charges on such
bonds; provided, that such tax levy shall be reduced by a sum equal to
such grants or matching grants as the Authority shall receive, in any
year, for this purpose.
Such taxes proposed by the Authority to be levied upon the taxable
property within the City of Peoria shall be levied in the ordinance
providing for the issuance of the bonds. Within 10 days after its
adoption, the ordinance shall be published at least once in a newspaper
published and having a general circulation within the City of Peoria.
After it has been so published, a certified copy of the ordinance shall
be filed with the county clerk and shall constitute the authority for
the county clerk annually to extend and collect the taxes necessary to
pay the principal of and the interest on the bonds so issued.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/205-45)
Sec. 205-45.
Board of Commissioners.
The governing and administrative body of the Authority shall be a Board
of Commissioners consisting of 7 members to be appointed by the
Mayor
of the City of Peoria with the advice and consent of the City Council.
Within 10 days of such appointments, the Mayor of the City of
Peoria
shall file with the City Clerk a certificate of appointment for each
commissioner so appointed. Upon such filing, the persons so appointed shall
constitute the Board of Commissioners of the Peoria Civic Center Authority
and upon taking the oath of office as hereinafter provided shall be deemed
to have qualified and to be empowered to exercise the powers and authority
prescribed in this Article.
The initial terms of such Commissioners shall be 2 terms for
5
years, 2 terms for 4 years and one term for each of
3 years, 2
years and one year respectively. The length of the term of the first
Commissioners shall be determined by lots at their first meetings. The
initial terms of office of Commissioners who are to so hold office shall
continue until July 1, which next follows the expiration of the respective
periods from the date of the filing of the certificate of appointments in
the office of the City Clerk, as aforesaid, and until their successors are
appointed and qualified by taking their oath of office.
At the expiration of the term of each of the Commissioners, and of each
succeeding Commissioner or in the event of a vacancy, resignation, removal
or refusal to act, the Mayor of the City of Peoria shall appoint a
Commissioner in the manner hereinabove provided, to hold office in the case
of a vacancy occurring for whatever reason, for the unexpired term or in
the case of expiration, for a term of 5 years, and until his
successor
is appointed and has qualified. Each appointment shall become effective
upon the filing by the Mayor of a certificate of the appointment in the
office of the City Clerk. Any commissioner may be appointed to succeed
himself.
No commissioner shall receive any compensation, whether in form of
salary, per diem allowance or otherwise, for or in connection with his
services as such commissioner. Each Commissioner, however, shall be
entitled to reimbursement for any necessary expenditures in connection with
the performance of his duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-50)
Sec. 205-50.
Oath and qualification.
Each person appointed as a member of the Board of Commissioners shall
qualify by taking or subscribing to an oath to uphold the Constitution
of the United States and of the State of Illinois and to well and
faithfully discharge his duties, which oath shall be filed with the
secretary of the Commission.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-55)
Sec. 205-55.
Meetings; selection of chairman,
secretary, and treasurer.
The Commissioners appointed pursuant to the foregoing
provisions of this Article shall constitute the Board of
Commissioners of the Peoria Civic Center Authority. The government, control and
management of the affairs of the Civic Center shall be vested in the Board of
Commissioners and such Board shall possess and exercise all of the powers
granted under this Article
and such other powers, but not inconsistent with this Article, as
may be necessary to effectuate the purposes of this Article.
The Mayor of the City of Peoria shall call the first meeting of the
Board of Commissioners. He shall give notice in writing to each member of
the Board of the time and place of the meeting not less than 5 days prior
to the meeting and shall preside over the meeting until the members have
elected a chairman. The members, at the initial meeting, shall first draw
lots to determine their terms of office which shall be entered of record in
the proceedings of the Board.
The Board of Commissioners at the initial meeting shall elect one of
their members as chairman. At such meeting or at a later meeting, the Board
shall elect or appoint a secretary and treasurer and such other officers as
they may deem necessary for such terms as they may decide upon. The
secretary and treasurer need not be commissioners, and if such officers are
not commissioners, they shall receive compensation in such amount as shall
be determined by the Board. At such meeting, or at a later meeting, the
Commissioners shall adopt a corporate seal, by laws, rules and regulations
suitable to the purposes of this Article, which shall provide a
time for the
election of officers and of other regular and special meetings of the
Commissioners, and shall contain the rules for the transaction of other
business of such Peoria Civic Center Authority and for amending such
by-laws, rules and regulations.
The Board of Commissioners shall have full power to pass all necessary
ordinances, resolutions, rules and regulations for the proper management
and conduct of the business of the Board of Commissioners and of the Peoria
Civic Center Authority and for carrying into effect the object for which
such Peoria Civic Center Authority is created.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-60)
Sec. 205-60.
Quorum; records.
A majority of the Board of Commissioners shall constitute a quorum for
the transaction of the business thereof. The concurring vote of a majority
of all the Commissioners shall be required for the exercise of any of the
powers granted by this Article.
All records of the Authority shall be open to
public inspection at all reasonable hours.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-65)
Sec. 205-65.
Treasurer; deposit of funds.
The treasurer of the Peoria Civic Center Authority shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Article and of all revenues derived from the operation
of any
project under this Article and of all other revenues from whatever
source
received. The treasurer shall keep all funds and monies belonging to the
Peoria Civic Center Authority in such places of deposit as may be
designated by resolution of the Board of Commissioners, provided, however,
that only a regularly organized State or national bank which is a member of
the Federal Deposit Insurance Corporation, or a savings and loan association
which is a member of the Federal Savings and Loan Insurance Corporation
may be designated as a
depository. When a bank or savings and loan association has been designated
as a depository it shall
continue as such depository until 10 days have elapsed after a
new
depository is designated and has qualified by furnishing the statements of
resources and liabilities as required by this Section. When a new
depository is designated, the Board of Commissioners shall notify the
surety of the treasurer of that fact, in writing, at least 5
days
before the transfer of funds. The treasurer shall be discharged from
responsibility for all funds or money which he deposits in a designated
bank or savings and loan association, while the funds and money are
so deposited. The treasurer may,
and at the direction of the Authority shall, invest all monies of the
Authority not needed within 30 days thereafter in direct or fully
guaranteed obligations of the United States Government or in certificates
of deposit of banks or savings and loan associations eligible as depositories
of funds of the Authority and
fully secured by such obligations.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-70)
Sec. 205-70.
Contracts.
Any contract let for the construction, repair, alteration or improvement
of any building or buildings, the demolition thereof, or removal of debris
resulting therefrom, or any other contract let for any other type of
construction or repair work, shall contain provisions requiring the
contractor or other person, firm or corporation undertaking such work to
give bond in such amount and with such surety, conditioned for the faithful
performance of the contract as the Board of Commissioners may determine.
The Board of Commissioners shall also require such contractor or other
persons, firm or corporation to furnish insurance of a character and amount
to be determined by the Board of Commissioners, protecting the Authority,
its Commissioners, officers, agents, and employees, against any claims for
personal injuries (including death) and property damage that may be
asserted because of the doing of the work.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-75)
Sec. 205-75.
Bidding; advertisement.
All contracts to be let for the construction, alteration, improvement,
repair, enlargement, demolition or removal of any buildings or their
facilities, or for materials or supplies to be furnished, where the amount
thereof is in excess of $10,000 shall be let to the lowest
responsible
bidder, or bidders on open competitive bidding after public advertisement
published at least once in each week for 3 consecutive weeks
prior to
the opening of bids, in a daily newspaper of general circulation in the
county where the Authority is located, except (i) when repair parts,
accessories, equipment, or services are
required for
equipment or services previously furnished or contracted for or (ii) when the
nature of the
services is such that competitive bidding is not in the best interest of the
public.
Nothing contained in this Section
shall be construed to prohibit the Board of Commissioners from placing
additional advertisements in recognized trade journals. Advertisements for
bids shall describe the character of the proposed contract in sufficient
detail to enable the bidders thereon to know what their obligation will be,
either in the advertisement itself, or by reference to detailed plans and
specifications on file in the office of the Peoria Civic Center Authority
at the time of the publication of the first announcement. Such
advertisement shall also state the date, time, and place assigned for the
opening of bids and no bids shall be received at any time subsequent to the
time indicated in said advertisement. The Board of Commissioners may reject
any and all bids received and readvertise for bids. All bids shall be open
to public inspection in the office of the Peoria Civic Center Authority for
a period of at least 48 hours before award is made.
In determining the responsibility of any bidder, the Board may consider the
bidder's past
record of dealings, experience, adequacy of equipment, ability to timely
complete
performance, and other factors besides financial responsibility. In no case,
however,
shall any contract be awarded to any bidder other than the lowest bidder unless
authorized or approved by the affirmative vote of at least 5 members of the
board and
unless the award is accompanied by a statement in writing setting forth the
reasons for
not awarding the contract to the lowest bidder, which must be kept on file in
the office of
the Authority and be open to the public for inspection.
The
successful bidder for such work shall enter into contracts furnished and
prescribed by the Board of Commissioners and in addition to any other bonds
required under this Article the successful bidder shall execute and
give bond,
payable to and to be approved by the Authority, with a corporate surety
authorized to do business under the laws of the State of Illinois, in an
amount to be determined by the Board of Commissioners, conditioned upon the
payment of all labor furnished and materials supplied in the prosecution of
the contracted work. If the bidder whose bid has been accepted shall
neglect or refuse to accept the contract within 5 days after
written
notice that the same has been awarded to him, or if he accepts but does not
execute the contract and give proper security, the Authority may accept the
next lowest bidder, or readvertise and relet in manner above provided.
In case any work shall be abandoned by any contractor the Authority may,
if the best interest of the Authority be thereby served, adopt on behalf of
the Authority all sub-contracts made by such contractor for such contractor
for such work and all sub-contractors shall be bound by such adoption if
made; and the Authority shall, in the manner provided herein, readvertise
and relet the work specified in the original contract exclusive of so much
thereof as shall be accepted. Every contract, when made and entered into,
as herein provided for, shall be executed in duplicate, one copy of which
shall be held by the Authority, and filed in its records
and one copy of
which shall be given to the contractor.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/205-80)
Sec. 205-80.
Dissolution of Authority.
If there have not been any bonds issued and the Authority has no other
indebtedness, the Authority may be dissolved upon the filing in the office
of the recorder a resolution adopted by both the Board of
Commissioners of the Authority and the City Council of the City of Peoria
approving such dissolution.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-85)
Sec. 205-85.
Annual
report and financial statement.
As soon after the end of each fiscal year as may be expedient, the
Authority shall cause to be prepared and printed a complete and detailed
report and financial statement of its operations and of its assets and
liabilities. A reasonably sufficient number of copies of such report shall
be printed for distribution for persons interested, upon request, and a
certified copy thereof shall be filed with the City Clerk.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-90)
Sec. 205-90.
Ordinary
and necessary expenses; tax anticipation warrants.
When there is not sufficient money in the treasury to meet the ordinary
and necessary expenses and liabilities of the Authority, the City Council,
upon request of the Board, shall order issued warrants against and in
anticipation of any taxes levied for the payment of the expenditures for
such expenses and liabilities, to the extent of 75% of the total amount of
the taxes levied for those purposes.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-95)
Sec. 205-95.
Warrants in anticipation of taxes; form
and terms. Warrants drawn and issued under Section 205-90 shall
be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from the taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. The warrants shall be signed by the chairman and secretary of
the Board. The taxes against which the warrants are drawn shall be set
apart and held for their payment as herein provided. The warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, from the date of their issuance
until paid, or until notice is given by publication in a newspaper or
otherwise that the money for their payment is available and that they will
be paid on presentation. The Authority may alternatively issue its
corporate notes in lieu of tax anticipation warrants in accordance with the
provisions of the law of the State of Illinois then in effect.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the
General Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/205-100)
Sec. 205-100. Partial invalidity. The provisions of this Article and the applications thereof to any
person or
circumstance are declared to be severable.
If any Section, clause, sentence, paragraph, part or provision of this
Article shall be held to be invalid by any court, it shall be
conclusively
presumed that the remaining portions of this Article would have
been passed by
the Legislature without such invalid Section, clause, sentence, paragraph,
part or provision.
If the application of any Section, clause, sentence, paragraph, part or
provision of this Article to any person or circumstances is held
invalid, such
invalidity shall not affect the application thereof to other persons or
circumstances.
(Source: P.A. 97-813, eff. 7-13-12.)
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(70 ILCS 200/205-105)
Sec. 205-105.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-45. Insurance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 210 heading) ARTICLE 210.
PONTIAC CIVIC CENTER
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(70 ILCS 200/210-1)
Sec. 210-1.
Short title.
This Article may be cited as
the Pontiac Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/210-5)
Sec. 210-5.
Definitions.
When used in this Article:
"Authority" means the Pontiac Civic Center Authority.
"Board" means the governing and administrative body of the Pontiac
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
City of Pontiac.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/210-10)
Sec. 210-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic and municipal
corporation by the name and style of the Pontiac Civic Center
Authority in the metropolitan area.
The principal office of the Authority shall be in the City of Pontiac.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/210-15)
Sec. 210-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 11 members and shall be known as the Pontiac
Civic Center Authority Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/210-20)
Sec. 210-20. Board members designated. The mayor and alderpersons, ex officio, of the City of
Pontiac shall be the members of the Board.
Before entering upon the duties of his office, each member of the Board shall
take and subscribe the constitutional oath of office and file it in the office
of the Secretary of State.
(Source: P.A. 102-15, eff. 6-17-21.)
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(70 ILCS 200/210-25)
Sec. 210-25. Board members; terms. Members of the
Board shall hold office until their
respective successors as mayor or alderpersons of the City of Pontiac have been
appointed and qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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(70 ILCS 200/210-30)
Sec. 210-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Livingston County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/210-35)
Sec. 210-35.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 215 heading) ARTICLE 215.
QUAD CITY CIVIC CENTER
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(70 ILCS 200/215-1)
Sec. 215-1.
Short title.
This Article may be cited as the
Illinois Quad City Civic Center Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-5)
Sec. 215-5.
Definitions.
When used in this Article:
"Authority" means the Illinois Quad City Civic Center Authority.
"Board" means the governing and administrative body of the Illinois
Quad City Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the County of Rock Island and not within
the territory of any other civic center authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-10)
Sec. 215-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Illinois Quad City
Civic Center Authority in the metropolitan area.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-15)
Sec. 215-15. Rights and powers. The Authority shall
have the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any other
way acquire, improve, extend, repair, reconstruct, regulate, operate, equip
and maintain exhibitions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including sites and
parking areas and facilities therefor located within the metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange and finance fairs, industrial, cultural, educational, trade
and scientific exhibits, shows and events and to use or allow the use
of such grounds, centers and auditoriums
for the holding of fairs, exhibits, shows and events whether conducted
by the Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and
facilities in the manner provided for by the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/215-17) Sec. 215-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/215-20)
Sec. 215-20.
Bonds; nature of indebtedness.
Under no
circumstances, except by express written agreement
of the Authority and the State or a political subdivision or subdivision
adopted pursuant to Article VII, Section 10, of the Constitution, shall any
bonds issued by the Authority
be or become an indebtedness or obligation of the State of Illinois or of
any other political subdivision of or municipality within the State, nor
shall any such bond or obligation be or become an indebtedness of
the Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each bond that it does
not constitute such an indebtedness or obligation but is payable solely
from the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-25)
Sec. 215-25.
Bonds other than revenue bonds; election.
No bonds, other than revenue bonds issued pursuant to
Section 2-50, or bonds issued pursuant to an intergovernmental
agreement as
contemplated by the exception contained in Section 215-20, shall be
issued by
the Authority until the proposition to issue the same has been submitted to
and approved by a majority of the voters of said metropolitan area voting
upon the proposition at a general election, after at least 10 days notice
of such submission has been given by publishing said notice one time in one
or more newspapers published in said metropolitan area. Any proposition to
issue bonds as herein set forth shall be submitted upon a ballot separate
and
distinct from any other ballot and may be in substantially the following form:
Shall bonds of the "Illinois Quad City Civic Center Authority" to YES the amount of ___________ Dollars
($ ) be issued for the NO purpose of ?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/215-30)
Sec. 215-30.
Tax.
If a majority of the voters of said
Illinois metropolitan area
approve the issuance of bonds as provided in Section 215-25, or if
an intergovernmental agreement is executed with a political subdivision or
subdivisions for the issuance of full faith and credit bonds, the Authority
shall have power to levy and collect annually a sum sufficient to pay for
the annual principal and interest charges on such bonds; provided, that
such tax levy shall be reduced by a sum equal to such grants or matching
grants as the Authority shall receive, in any year, for this purpose and
provided, in the case of bonds issued pursuant to intergovernmental
agreement, said tax is valid only within the subdivisions executing the
agreement with the Authority.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance. After
the ordinance has been adopted it shall, within 10 days after its passage,
be published once in a newspaper published and having a general circulation
within the metropolitan area. A certified copy of such levy ordinance
shall be filed with the county clerk no later than the 3rd Tuesday in
September in each year. Thereupon the county clerk shall extend such tax;
provided the aggregate amount of taxes levied for any one year shall not
exceed the rate of .05% of the value of the taxable property of the
metropolitan area, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-35)
Sec. 215-35.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 10 members and shall be known as the Illinois Quad
City Civic Center Authority Board. The members of the Board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-40)
Sec. 215-40.
Board members appointed; ex officio members.
Within 60 days after September 16, 1984 (the effective date of
Article I of Public Act 83-1435), the Mayor
of Rock Island shall appoint 2 members of the
Board for initial terms expiring June first of the years 1986 and 1987
respectively; the Mayor of Moline shall appoint 2 members of the board for
initial terms expiring June first of the years 1986 and 1987 respectively;
the Mayor of East Moline shall appoint 2 members for initial terms
expiring June first of the years 1986 and 1987 respectively; the City
Manager of Rock Island and the City
Administrator of Moline shall be ex-officio and voting board members.
Within 60 days after January 14, 1988 (the effective date of Public Act
85-1002),
the Chairman of the County Board of Rock Island County shall
appoint 2 members of the Board for initial terms expiring June first of the
years 1989 and 1990 respectively. Of the 2 members so appointed, one shall
be a member of the first leading political party and one shall be a member
of the second leading political party, as such terms are defined in Section
1-3 of the Election Code.
At the expiration of the term of any member appointed by the Mayor of
Rock Island, his successor shall be appointed by the Mayor of Rock Island
in like manner; at the expiration of the term of any member appointed by
the Mayor of Moline, his successor shall be appointed in like manner by the
Mayor of Moline; at the expiration of the term of any member appointed by
the Mayor of East Moline, his successor shall be appointed in like manner
by the Mayor of East Moline; at the expiration of the term of any member
appointed by the Chairman of the County Board of Rock Island
County, his successor shall be appointed in like manner by the Chairman of
the County Board of Rock Island County. The City Manager
of Rock Island and the City
Administrator of Moline, by virtue of their positions, shall continue in
their positions on the board for the duration of their appointments to
their respective municipal positions.
All appointed successors shall hold office for a term of three years from
the first day of June of the year in which they are appointed, except in
case of an appointment to fill a vacancy.
Within 30 days after
certification of his appointment, and before entering the duties of his
office, each member of the board shall take and subscribe the
constitutional oath of office and file it in the office of the Secretary of
State. The City Manager of Rock Island and the City Administrator of
Moline shall take and subscribe to the same oath as will all other
subsequent persons holding these positions.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-45)
Sec. 215-45.
Board members; removal; vacancy in office.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may resign from
his office to take effect when his successor has been appointed and has
qualified. The appointing officer may remove any member of the Board appointed
by him, in case of incompetency, neglect of duty, or malfeasance in office,
after service on him, by registered United States mail, return requested,
of a copy of the written charges against him and an opportunity to be publicly
heard in person or by counsel in his own defense upon not less than 10 days
notice. This same action may be taken against the City Manager of Rock
Island and the City Administrator of Moline by their respective city
councils. In case of failure to qualify within the time required, or of
abandonment
of his office, or in case of death, conviction of a felony or removal from
office, his office shall become vacant. Each vacancy or position
succession shall be filled for
the unexpired term by appointment in like manner, as in case of expiration
of the term of a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-50)
Sec. 215-50.
Meetings; quorum; approval of ordinances and resolutions
by chairman; public records. Regular meetings of the Board
shall be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board.
Six members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 6 members shall be
necessary for the adoption of any ordinance or resolution.
All such ordinances and resolutions before taking effect shall be approved
by the chairman of the Board, and if he shall approve thereof he shall sign
the same, and such as he shall not approve he shall return to the Board
with his objections thereto in writing at the next regular meeting of the
Board occurring after the passage thereof. But in case the chairman shall
fail to return any ordinance or resolution with his objections thereto by
the time aforesaid, he shall be deemed to have approved the same and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairman with his objections, the vote by which the same
was passed shall be reconsidered by the Board, and if upon such
reconsideration said ordinance or resolution is passed by the affirmative
vote of at least 7 members, it shall go into effect notwithstanding the
veto of the chairman.
All ordinances, resolutions and all proceedings of
the Authority and all documents and records in its possession shall be
public records, and open to public inspection, except such documents and
records as shall be kept or prepared by the Board for use in negotiations,
actions or proceedings to which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/215-55)
Sec. 215-55.
Contracts.
All contracts for the
sale of property of the value of more than
$10,000 or for any concession in or lease of property, including air
rights,
of the Authority for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1) when repair
parts, accessories, equipment or services are required for equipment or
services previously furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others possessing a high
degree of skill; and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
three-fourths of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be selected
in the following manner: to all bids for sales the gross receipts of which
are not taxable under the Retailers' Occupation Tax Act, there shall be added an amount equal to the tax which
would be payable under said Act, if applicable, and the lowest in amount of
said adjusted bids and bids for sales the gross receipts of which are
taxable under said Act shall be considered the lowest bid; provided, that,
if said lowest bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be
in the amount of the original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his
bid with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall not be less
advantageous to the Authority than any valid bid received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
|
(70 ILCS 200/215-60)
Sec. 215-60.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of Rock Island County to compel compliance with the provisions of this
Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/215-65)
Sec. 215-65.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 220 heading) ARTICLE 220.
QUINCY CIVIC CENTER
|
(70 ILCS 200/220-1)
Sec. 220-1.
Short title.
This Article may be cited as the Quincy Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/220-5)
Sec. 220-5.
Definitions.
When used in this Article:
"Authority" means the Quincy Metropolitan Exposition, Auditorium and Office
Building Authority.
"Board" means the governing and administrative body of the Quincy
Metropolitan
Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Quincy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/220-10)
Sec. 220-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of Quincy Metropolitan
Exposition,
Auditorium and Office Building Authority in the metropolitan area.
The principal office of the Authority shall be in the City of Quincy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/220-15)
Sec. 220-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Quincy
Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/220-20)
Sec. 220-20.
Board members appointed.
Within 60 days
after January 1, 1984 (the effective date of Article 2 of Public Act
83-911), the Mayor
of Quincy with the advice and consent of the Quincy City Council shall appoint
7 members of the Board, 2 members to be appointed for a term of one year,
2 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Quincy City Council. At the expiration of the term of any member,
his successor shall be appointed by the Mayor of Quincy in a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/220-25)
Sec. 220-25.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in Adams County to compel compliance with the provisions of this
Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/220-30)
Sec. 220-30.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 225 heading) ARTICLE 225.
RANDOLPH COUNTY CIVIC CENTER
|
(70 ILCS 200/225-1)
Sec. 225-1.
Short title.
This Article may be cited as
the Randolph County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-5)
Sec. 225-5.
Definitions.
When used in this Article:
"Authority" means the Randolph County Civic Center Authority.
"Board" means the governing and administrative body of the Randolph
County Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
County of Randolph.
The principal office of the Authority shall be in Randolph County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-10)
Sec. 225-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Randolph County
Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in Randolph County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-15)
Sec. 225-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Randolph
County Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-20)
Sec. 225-20.
Board members appointed.
Within 60 days
after September 11, 1989 (the effective date of Article 1 of Public Act
86-907), the
Chairman of the Randolph County Board,
with the advice and consent of the
Randolph County Board, shall appoint 3 members of the
Board for initial terms
expiring June 1, 1990; 3 members for initial terms expiring June 1, 1991;
and 3 members for initial terms expiring June 1, 1992. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-25)
Sec. 225-25.
Removal of Board members.
The appointing officer, with the advice and consent of
the Randolph County Board, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/225-30)
Sec. 225-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Randolph County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/225-35)
Sec. 225-35.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 230 heading) ARTICLE 230.
RIVER FOREST CIVIC CENTER
|
(70 ILCS 200/230-1)
Sec. 230-1.
Short title.
This Article may be cited as the
River Forest
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-5)
Sec. 230-5.
Definitions.
When used in this Article:
"Authority" means the River Forest Metropolitan Exposition, Auditorium and
Office
Building Authority.
"Board" means the governing and administrative body of the River Forest
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the Township of River Forest.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-10)
Sec. 230-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the River Forest
Metropolitan
Exposition,
Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Authority shall be in the Township of River Forest.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-15)
Sec. 230-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 5 members and shall be known as the River Forest
Metropolitan
Exposition Auditorium and Office Building Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-20)
Sec. 230-20.
Members of Board.
Membership on the Board
shall consist of those persons duly
elected to serve on the Board of Trustees of River Forest Township. Terms
for members of the Board shall coincide with their respective terms of office
as members of the Board of Trustees of River Forest Township.
Before entering upon the duties of his office, each member of the Board
shall take and subscribe the constitutional oath of office and file it in
the office of the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-25)
Sec. 230-25.
Meetings; quorum; public records.
Regular
meetings of the Board shall be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board.
Three members of the Board shall constitute a quorum for
the transaction of business. All actions of the Board shall be by ordinance
or resolution and the affirmative vote of at least 3 members shall be
necessary for the adoption of any ordinance or resolution.
All ordinances, resolutions and all proceedings of the Authority and all
documents and records in its
possession shall be public records, and open to public inspection, except
such documents and records as shall be kept or prepared by the Board for
use in negotiations, action or proceedings to which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-30)
Sec. 230-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in Cook County to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/230-35)
Sec. 230-35.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 235 heading) ARTICLE 235.
RIVERSIDE CIVIC CENTER
|
(70 ILCS 200/235-1)
Sec. 235-1.
Short title.
This Article may be cited as the
Riverside Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-5)
Sec. 235-5.
Definitions.
When used in this Article:
"Authority" means the Riverside Civic Center Authority.
"Board" means the governing and administrative body of the Riverside Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
Village of Riverside in Cook County, Illinois.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-10)
Sec. 235-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Riverside
Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Riverside.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-15)
Sec. 235-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Riverside Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-20)
Sec. 235-20.
Board members.
Membership on the Board
shall consist of those persons duly
elected to serve as the President and members of the Board of Trustees of
the Village of Riverside, Illinois. Terms for members of the Board shall
coincide with their respective terms of office as Village President and
members of the Board of Trustees of the Village of Riverside. Before
entering upon the duties of office, each member of the Board shall take and
subscribe the constitutional oath of office and file it in the office of
the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-25)
Sec. 235-25.
Board members; vacancy in office.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. In case of a
failure to qualify within the time required, or of abandonment of office,
or in case of death, conviction of a felony, permanent removal of residence
from beyond the boundaries of the metropolitan area, or removal from
office, the office of such member of the Board shall become vacant. Each
vacancy shall be filled for the unexpired term in the same manner as
provided by statute for filling a vacancy in the office of Village
President or Village Trustee.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-30)
Sec. 235-30.
Organization of the Board.
As soon as
practicably possible after the effective date of
this Article, the Board shall organize for the transaction of business, select
a temporary secretary from its own number and adopt bylaws and regulations
to govern its proceedings. The Village President shall serve as chairman
of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-35)
Sec. 235-35.
Bids and advertisements.
Advertisements
for bids shall be published at least twice in
a bi-weekly newspaper of general circulation published in the metropolitan
area, the last publication to be at least 10 calendar days before the time
for receiving bids, and such advertisements shall also be posted on readily
accessible bulletin boards in the principal office of the
Authority.
Such advertisements shall state the time and place for
receiving and
opening bids and, by reference to plans and specifications on file
at
the time of the first publication, or in the advertisement itself, shall
describe the character of the proposed contract in sufficient detail to
fully advise prospective bidders of their obligations and to ensure free
and open competitive bidding.
All bids in response to advertisements shall be sealed and shall be
publicly opened by the Board, and all bidders shall be entitled to be
present in person or by representatives. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a
reasonable
amount to be fixed by the Board before advertising for bids, shall be
required with the proposal of each bidder. Bond for faithful performance
of the contract with surety or sureties satisfactory to the Board and
adequate insurance may be required in reasonable amounts to be fixed by the
Board before advertising for bids.
The contract shall be awarded as promptly as possible after the opening
of bids. The bid of the successful bidder, as well as the bids of the
unsuccessful bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the terms of any
bid in response to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.
Any bidder who has submitted a bid in compliance with the requirements
for bidding may bring a civil action in the Circuit Court of Cook County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/235-40)
Sec. 235-40.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 240 heading) ARTICLE 240.
ROCKFORD CIVIC CENTER
|
(70 ILCS 200/240-1)
Sec. 240-1.
Short title.
This Article may be cited as the Rockford Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/240-5)
Sec. 240-5.
Definitions.
When used in this Article:
"Authority" means the Rockford Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Rockford
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the County of Winnebago.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/240-10)
Sec. 240-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic and
municipal corporation by the name and style of Rockford Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the City of Rockford.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/240-15)
Sec. 240-15.
Rights and powers.
The
Authority shall have the following rights and powers:
(a) To acquire, own, construct, lease, operate, equip and maintain
fair, exposition, arena, office and municipal office buildings,
and associated facilities and grounds, including sites and parking areas
and facilities therefor located within the metropolitan area.
(b) To plan for such grounds, centers and auditoriums and to plan, sponsor,
hold, arrange, and finance fairs, industrial, cultural, educational, theatrical,
sports, trade and scientific exhibits, shows and events and to use or allow
the use of such grounds, centers and auditoriums for the holding of fairs,
exhibits, shows and events whether conducted by the Authority or some other
person or governmental body or agency.
(c) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the
use of such parking areas and facilities, grounds, centers, buildings
and auditoriums and admission charges to fairs, shows, exhibits and events
sponsored or held by the Authority and to lease air space over and appurtenant
to such areas,
facilities, grounds, centers, buildings and auditoriums. The charges
so collected may be made available to defray the
reasonable expenses of the Authority and to pay the principal of and the
interest upon any bonds issued by the Authority.
(d) To own, lease or otherwise acquire an interest, in whole or in part,
in any public or private firm, corporation or association useful for its
purposes and in conformance with its rights and powers.
(e) To enter into contracts, leases, obligations and the
like with any public or private person, firm, corporation or association
treating in any manner within the rights and powers as set forth in this
Article.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/240-20)
Sec. 240-20. State office building. The Authority may make
expenditures for the planning, acquisition,
development and construction of a State
office building in Rockford, Illinois. Such expenditures may be made from
funds appropriated for such purposes from the Build Illinois Bond Fund.
(Source: P.A. 94-91, eff. 7-1-05.)
|
(70 ILCS 200/240-22)
Sec. 240-22.
Bonds other than revenue bonds.
No Bonds, other than revenue bonds issued pursuant to Section 2-52,
shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general election in
accordance with the general election law. The Authority may by resolution order
such proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution and
the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set forth shall be in substantially the
following form:
Shall bonds of the "Rockford Metropolitan Exposition, Auditorium YES and Office Building Authority" to
the amount of .... Dollars ($ ) NO be issued for the purpose of ....?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/240-23)
Sec. 240-23.
Tax.
If a majority of the voters of said metropolitan area approve the
issuance of bonds as provided in Section 240-22, the
Authority
shall have power to levy and collect annually a sum sufficient to pay
for the annual principal and interest charges on such bonds; provided,
that such tax levy shall be reduced by a sum equal to such grants or
matching grants as the Authority shall receive, in any year, for this
purpose.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-25)
Sec. 240-25.
Board created.
The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Rockford Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-30)
Sec. 240-30.
Board members appointed.
Within 60 days
after October 7, 1969 (the effective date of Public Act 76-1769), the mayor of Rockford,
with the advice and consent of the Rockford city council, shall appoint 5
members of the board for initial terms expiring June first of the years
1970, 1971, 1972, 1973, and 1974 respectively; the mayor of Loves Park,
with the advice and consent of the Loves Park city council, shall appoint
one member for an initial term expiring June first, 1972; the Chairman of
the Winnebago County Board, with the advice and consent of the Winnebago
County Board, shall appoint 3 members for initial terms expiring June first
of the years 1970, 1972, and 1974, respectively. At the expiration of the
term of any member appointed by the Mayor of Rockford, his successor shall
be appointed by the Mayor of Rockford in like manner; at the expiration of
the term of the member appointed by the Mayor of Loves Park, his successor
shall be appointed in like manner by the Mayor of Loves Park; at the
expiration of the term of any member appointed by the Chairman of the
Winnebago County Board, his successor shall be appointed by the Chairman of
the Winnebago County Board in like manner as appointments for the initial
term. All successors shall hold office for a term of 5 years from
the
first day of June of the year in which they are appointed, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-35)
Sec. 240-35.
Meetings; quorum; approval of ordinances and resolutions
by chairman; public records. Regular meetings of the Board shall
be held at least once in
each
calendar month, the time and place of such meetings to be fixed by the
Board.
Five members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution.
All such
ordinances and resolutions before taking effect shall be approved by the
chairman of the Board, and if he shall approve thereof he shall sign the
same, and such as he shall not approve he shall return to the Board with
his objections thereto in writing at the next regular meeting of the
Board occurring after the passage thereof. But in case the chairman shall
fail to return any ordinance or resolution with his objections thereto
by the time aforesaid, he shall be deemed to have approved the same and
it shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairman with his objections, the vote by which the
same was passed shall be reconsidered by the Board, and if upon such
reconsideration said ordinance or resolution is passed by the
affirmative vote of at least 6 members, it shall go into effect
notwithstanding the veto of the chairman.
All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records, and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which the
Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-37)
Sec. 240-37.
Funds; compliance with Public Funds Investment Act.
All funds deposited by the treasurer
shall be placed in the
name of the Authority and shall be withdrawn or paid out only by check or
draft upon the bank or savings and loan association, signed by the treasurer
and countersigned by the
chairman of the Board. The Board may designate any of its members or any
officer or employee of the Authority to deposit funds or to sign
any check or draft.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-40)
Sec. 240-40. Security police force. The Board of the
Authority may establish and maintain a Security
Police Force and may define and prescribe all such peace officers' duties
and compensation. Every security police officer appointed by the Board
to such Security Police Force, as the same shall be from time to time hereafter
constituted, shall have and is hereby vested with police powers, and is
hereby authorized to act as a conservator of the peace within and upon driveways,
sidewalks and property controlled by such Authority, and shall have power
to make arrests or cause to be arrested, with or without process, any person
who breaks the peace, or may be found violating any of the penal ordinances
of such Authority, or of the City of Rockford or any criminal law of the State.
An arrest may be made by any such officer without a warrant when a criminal
offense is committed or attempted in his presence or when a criminal offense
has, in fact, been committed, and the officer has reasonable ground for
believing that the person to be arrested has committed it. Any person so
arrested shall, without unnecessary delay, be taken by such officer before
the circuit court of the county having jurisdiction of the offense committed
or charged against such person, and such police officer shall thereupon
make and file a complaint in writing under oath, against such defendant,
charging the violation by such defendant of such statute or ordinance, and
such offender shall thereupon be dealt with according to law in the same
manner as if he had been arrested in the first instance under warrant lawfully
issued. However, no member of any such Security Police Force shall be vested
with any police power outside the limits of the metropolitan area except
pursuant to and in accordance with an intergovernmental cooperation agreement
to which the Authority is a party.
In all actions for the violation of any ordinance of the Authority, the
first process shall be a summons or a warrant. A warrant for the arrest
of an accused person may issue upon the affidavit of any person that an
ordinance has been violated, and that person making the complaint has reasonable
grounds to believe that the party charged is guilty thereof. Every person
arrested upon a warrant, without unnecessary delay, shall be taken before
the proper officer for trial.
The Board of the Authority may establish reasonable eligibility requirements
for appointment to such Security Police Force relating to health, habits
and moral character. However, no person may be appointed hereunder unless
that person is at least 21 years of age. No person may be appointed to
or be retained in the Security Police Force unless that person is of good
character and not a habitual drunkard, gambler or a person convicted of
a felony or a crime involving moral turpitude. All such Security Police
Force personnel authorized to carry weapons shall receive a course of training
in the legal and practical use of such weapons as is required of a police
officer under the Peace Officer and Probation Officer Firearm Training Act, and all such Security Police Force
personnel shall also have received the training and certification required
by the Illinois Police Training Act.
(Source: P.A. 98-725, eff. 1-1-15 .)
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(70 ILCS 200/240-45)
Sec. 240-45.
Ordinances and rules; fines and penalties.
The Board shall have power to pass all ordinances and make all
rules and regulations proper or necessary to carry into effect the powers
granted to the Authority, with such fines or penalties as may be deemed
proper. No fine or penalty, however, shall exceed $500 and no imprisonment
authorized by this Section for failure to pay any fine, penalty or cost
shall exceed 6 months for one offense. All fines and penalties shall
be imposed by ordinance, which shall be published in a newspaper of general
circulation published in the area embraced by the Authority. No such ordinance
shall take effect until ten days after its publication.
The Board is authorized to recover the fines and penalties imposed for
violation of its ordinances by suit in the name of the Authority before
the circuit court of Winnebago County. The procedure in such suits shall
be the same as that provided by law for like suits for the violation of
ordinances in cities organized under the Illinois Municipal Code, and offenders
may be imprisoned for nonpayment of fines and costs in the same manner as
in such cities. All fines when collected shall be paid into the treasury
of the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-50)
Sec. 240-50. Contracts. All contracts for sale of
property of the value of more than
$10,000 or for a concession in or lease of property including air rights, of the
Authority for a term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All construction contracts
and contracts for supplies, materials, equipment and services, when the
expense thereof will exceed $10,000, shall be let to the lowest responsible
bidder, after advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment or services
previously furnished or contracted for; (2) when the nature of the services
required is such that competitive bidding is not in the best interest of
the public, including, without limiting the generality of the foregoing,
the services of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat, power, telephone
or
telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
In determining the responsibility of any bidder, the Board may take in
account the past record of dealings with the bidder, experience, adequacy
of equipment, ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by the affirmative vote of at least
6 of the members of the Board present at a meeting
at which a quorum is present, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross receipts
of which are not taxable under the Retailers' Occupation Tax
Act, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the lowest in
amount of said adjusted bids and bids for sales the gross receipts of which
are taxable under said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable under said Act, any
contract entered into thereon shall be in the amount of the original bid
not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his bid
with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 99-642, eff. 7-28-16.)
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(70 ILCS 200/240-55)
Sec. 240-55.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a
civil action in the circuit court in Winnebago County to compel compliance
with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/240-60)
Sec. 240-60.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable semi-annually;
bond sale price; effect of Omnibus Bond Acts.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 245 heading) ARTICLE 245.
SALEM CIVIC CENTER
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(70 ILCS 200/245-1)
Sec. 245-1.
Short title.
This Article may be cited as the
Salem Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-5)
Sec. 245-5.
Definitions.
When used in this Article:
"Authority" means the Salem Civic Center Authority.
"Board" means the governing and administrative body of the Salem
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
City of Salem in Marion County.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-10)
Sec. 245-10.
Authority created; principal office.
There
is hereby created
a political subdivision, body politic
and municipal corporation by the name and style of the Salem Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the City of Salem.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-12)
(Text of Section before amendment by P.A. 103-592 )
Sec. 245-12. Use and occupation taxes.
(a) The Authority may adopt a resolution that authorizes a referendum on
the
question of whether the Authority shall be authorized to impose a retailers'
occupation tax, a service occupation tax, and a use tax in one-quarter percent
increments at a rate not to exceed 1%. The Authority shall certify the question
to the proper election authorities who shall submit the question to the voters
of the metropolitan area at the next regularly scheduled election in accordance
with the general election law. The question shall
be in substantially the following form:
"Shall the Salem Civic Center Authority be authorized to | ||
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Votes shall be recorded as "yes" or "no". If a majority of all votes cast on
the proposition are in favor of the proposition, the Authority is authorized to
impose the tax.
(b) The Authority shall impose the retailers'
occupation tax upon all persons engaged in the business of selling tangible
personal property at retail in the metropolitan area, at the
rate approved by referendum, on the
gross receipts from the sales made in the course of such business within
the metropolitan area. Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the Authority does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The Authority must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The tax imposed under this Section and all civil
penalties that may be assessed as an incident thereof shall be collected
and enforced by the Department of Revenue. The Department has
full power to administer and enforce this Section; to collect all taxes
and penalties so collected in the manner provided in this Section; and to
determine
all rights to credit memoranda arising on account of the erroneous payment
of tax or penalty hereunder. In the administration of, and compliance with,
this Section, the Department and persons who are subject to this Section
shall (i) have the same rights, remedies, privileges, immunities, powers and
duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms, and (iii) employ
the same modes of procedure as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect
to all provisions
therein other than the State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3
(except as to
the
disposition of taxes and penalties collected and provisions related to
quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of
the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty
and Interest Act, as fully as if those provisions were set forth in this
subsection.
Persons subject to any tax imposed under this subsection may reimburse
themselves for their seller's tax liability by separately stating
the tax as an additional charge, which charge may be stated in combination,
in a single amount, with State taxes that sellers are required to collect,
in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the tax fund referenced under
paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate.
If a tax is imposed under this subsection (b), a tax shall also be
imposed at the same rate under subsections (c) and (d) of this Section.
For the purpose of determining whether a tax authorized under this Section
is applicable, a retail sale, by a producer of coal or other mineral mined
in Illinois, is a sale at retail at the place where the coal or other mineral
mined in Illinois is extracted from the earth. This paragraph does not
apply to coal or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale is exempt
under the Federal Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize the Authority
to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may not be made
the subject of taxation by this State.
(c) If a tax has been imposed under subsection (b), a
service occupation tax shall
also be imposed at the same rate upon all persons engaged, in the metropolitan
area, in the business
of making sales of service, who, as an incident to making those sales of
service, transfer tangible personal property within the metropolitan area
as an
incident to a sale of service.
The tax imposed under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
Department of Revenue. Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the Authority does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The Authority must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The Department has
full power to
administer and enforce this paragraph; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with this paragraph, the
Department and persons who are subject to this paragraph shall (i) have the
same rights, remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms, and (iii) employ the same
modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place of
business in this State shall mean the metropolitan area), 2a, 2b, 3 through
3-55 (in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the Authority),
5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the Authority), 9 (except as
to the disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken against any
State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference to the State
shall mean the Authority), 15, 16,
17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those provisions were
set forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax liability
by separately stating the tax as an additional charge, which
charge may be stated in combination, in a single amount, with State tax
that servicemen are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the tax fund referenced under
paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate.
Nothing in this paragraph shall be construed to authorize the Authority
to impose a tax upon the privilege of engaging in any business which under
the Constitution of the United States may not be made the subject of taxation
by the State.
(d) If a tax has been imposed under subsection (b), a
use tax shall
also be imposed at the same rate upon the privilege of using, in the
metropolitan area, any item of
tangible personal property that is purchased outside the metropolitan area at
retail from a retailer, and that is titled or registered at a location within
the metropolitan area with an agency of
this State's government. "Selling price" is
defined as in the Use Tax Act. The tax shall be collected from persons whose
Illinois address for titling or registration purposes is given as being in
the metropolitan area. The tax shall be collected by the Department of Revenue
for
the Authority. The tax must be paid to the State,
or an exemption determination must be obtained from the Department of
Revenue, before the title or certificate of registration for the property
may be issued. The tax or proof of exemption may be transmitted to the
Department by way of the State agency with which, or the State officer with
whom, the tangible personal property must be titled or registered if the
Department and the State agency or State officer determine that this
procedure will expedite the processing of applications for title or
registration.
The Department has full power to administer and enforce this
paragraph; to collect all taxes, penalties and interest due hereunder; to
dispose of taxes, penalties and interest so collected in the manner
hereinafter provided; and to determine all rights to credit memoranda or
refunds arising on account of the erroneous payment of tax, penalty or
interest hereunder. In the administration of, and compliance with, this
subsection, the Department and persons who are subject to this paragraph
shall (i) have the same rights, remedies, privileges, immunities, powers,
and duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms,
and (iii) employ the same modes of procedure as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of business in this
State"),
3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a,
4, 6, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the Authority), 9 (except
provisions relating to quarter
monthly payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19,
20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform Penalty
and Interest Act, that are not inconsistent with this
paragraph, as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order
to be drawn for the amount specified, and to the person named, in the
notification from the Department. The refund shall be paid by the State
Treasurer out of the tax fund referenced
under paragraph (g) of this Section.
(e) A certificate of registration issued by the State Department of
Revenue to a retailer under the Retailers' Occupation Tax Act or under the
Service Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under paragraphs (b), (c),
or (d) of this Section and no additional registration shall be required.
A certificate issued under the Use Tax Act or the Service Use Tax
Act shall be applicable with regard to any tax imposed under paragraph (c)
of this Section.
(f) The results of any election authorizing a proposition to impose a tax
under this Section or effecting a change in the rate of tax shall be certified
by the proper election authorities and filed with the Illinois Department on or
before the first day of April. In addition, an ordinance imposing,
discontinuing, or effecting a change in the rate of tax under this
Section shall be adopted and a certified copy thereof filed with the
Department
on or before the first day of April. After proper receipt of such
certifications, the Department shall proceed to administer and enforce this
Section as of the first day of July next following such adoption and filing.
(g) Except as otherwise provided, the Department of Revenue shall, upon collecting any taxes and penalties
as
provided in this Section, pay the taxes and penalties over to the State
Treasurer as
trustee for the Authority. The taxes and penalties shall be held in a trust
fund outside
the State Treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. On or before the 25th day of each calendar month, the
Department of Revenue shall prepare and certify to the Comptroller of
the State of Illinois the amount to be paid to the Authority, which shall be
the balance in the fund, less any amount determined by the Department
to be necessary for the payment of refunds and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019. Within 10 days after receipt by
the Comptroller of the certification of the amount to be paid to the
Authority, the Comptroller shall cause an order to be drawn for payment
for the amount in accordance with the directions contained in the
certification.
Amounts received from the tax imposed under this Section shall be used only for
the
support, construction, maintenance, or financing of a facility of the
Authority.
(h) When certifying the amount of a monthly disbursement to the Authority
under this Section, the Department shall increase or decrease the amounts by an
amount necessary to offset any miscalculation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within the previous 6
months from the time a miscalculation is discovered.
(i) This Section may be cited as the Salem Civic Center Use and Occupation
Tax Law.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19.)
(Text of Section after amendment by P.A. 103-592 ) Sec. 245-12. Use and occupation taxes. (a) The Authority may adopt a resolution that authorizes a referendum on the question of whether the Authority shall be authorized to impose a retailers' occupation tax, a service occupation tax, and a use tax in one-quarter percent increments at a rate not to exceed 1%. The Authority shall certify the question to the proper election authorities who shall submit the question to the voters of the metropolitan area at the next regularly scheduled election in accordance with the general election law. The question shall be in substantially the following form: "Shall the Salem Civic Center Authority be authorized to | ||
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Votes shall be recorded as "yes" or "no". If a majority of all votes cast on the proposition are in favor of the proposition, the Authority is authorized to impose the tax. (b) The Authority shall impose the retailers' occupation tax upon all persons engaged in the business of selling tangible personal property at retail in the metropolitan area, at the rate approved by referendum, on the gross receipts from the sales made in the course of such business within the metropolitan area. Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the Authority does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The Authority must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The tax imposed under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner provided in this Section; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions therein other than the State rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except as to the disposition of taxes and penalties collected and provisions related to quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this subsection. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate. If a tax is imposed under this subsection (b), a tax shall also be imposed at the same rate under subsections (c) and (d) of this Section. For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale, by a producer of coal or other mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the Federal Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. (c) If a tax has been imposed under subsection (b), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the metropolitan area, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the metropolitan area as an incident to a sale of service. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the Authority does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The Authority must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. The Department has full power to administer and enforce this paragraph; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this paragraph, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the metropolitan area), 2a, 2b, 3 through 3-55 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the Authority), 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate. Nothing in this paragraph shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. (c-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (d) If a tax has been imposed under subsection (b), a use tax shall also be imposed at the same rate upon the privilege of using, in the metropolitan area, any item of tangible personal property that is purchased outside the metropolitan area at retail from a retailer, and that is titled or registered at a location within the metropolitan area with an agency of this State's government. "Selling price" is defined as in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan area. The tax shall be collected by the Department of Revenue for the Authority. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department has full power to administer and enforce this paragraph; to collect all taxes, penalties and interest due hereunder; to dispose of taxes, penalties and interest so collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty or interest hereunder. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a, 4, 6, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except provisions relating to quarter monthly payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19, 20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, that are not inconsistent with this paragraph, as fully as if those provisions were set forth herein. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section. (e) A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under paragraphs (b), (c), or (d) of this Section and no additional registration shall be required. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regard to any tax imposed under paragraph (c) of this Section. (f) The results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax shall be certified by the proper election authorities and filed with the Illinois Department on or before the first day of April. In addition, an ordinance imposing, discontinuing, or effecting a change in the rate of tax under this Section shall be adopted and a certified copy thereof filed with the Department on or before the first day of April. After proper receipt of such certifications, the Department shall proceed to administer and enforce this Section as of the first day of July next following such adoption and filing. (g) Except as otherwise provided, the Department of Revenue shall, upon collecting any taxes and penalties as provided in this Section, pay the taxes and penalties over to the State Treasurer as trustee for the Authority. The taxes and penalties shall be held in a trust fund outside the State Treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois the amount to be paid to the Authority, which shall be the balance in the fund, less any amount determined by the Department to be necessary for the payment of refunds and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019. Within 10 days after receipt by the Comptroller of the certification of the amount to be paid to the Authority, the Comptroller shall cause an order to be drawn for payment for the amount in accordance with the directions contained in the certification. Amounts received from the tax imposed under this Section shall be used only for the support, construction, maintenance, or financing of a facility of the Authority. (h) When certifying the amount of a monthly disbursement to the Authority under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a miscalculation is discovered. (i) This Section may be cited as the Salem Civic Center Use and Occupation Tax Law. (Source: P.A. 103-592, eff. 1-1-25.) |
(70 ILCS 200/245-15)
Sec. 245-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Salem Civic
Center Authority Board. The members of the Board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-20)
Sec. 245-20.
Board members appointed.
Within 60 days
after January 9, 1990 (the effective date of Article 2 of Public Act
86-1017), the
mayor of the City of Salem, with the advice and consent of the
Salem city council, shall appoint 3 members of the Board for initial terms
expiring June 1, 1991; 2 members for initial terms expiring June 1, 1992;
and 2 members for initial terms expiring June 1, 1993. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-25)
Sec. 245-25.
Removal of Board members.
The appointing officer, with the advice and consent of
the Salem city council, may remove any member of the Board appointed by
him, in case of incompetency, neglect of duty or malfeasance in office,
after service on him, by registered United States mail, return receipt
requested, of a copy of the written charges against him and an opportunity
to be publicly heard in person or by counsel in his own defense upon not
less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-30)
Sec. 245-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court of Marion County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/245-35)
Sec. 245-35.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-126. Contracts; award to other than highest or lowest bidder by
vote of 4 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 250 heading) ARTICLE 250.
SHELDON CIVIC CENTER
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(70 ILCS 200/250-1)
Sec. 250-1.
Short title.
This Article may be cited as the Sheldon Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-5)
Sec. 250-5.
Definitions.
As used in this Article,
unless the context otherwise requires:
"Authority" means the Sheldon Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of the Sheldon
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Village of Sheldon.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-10)
Sec. 250-10.
Authority created; principal office.
There is hereby created a unit of local government known as the
Sheldon Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the Village of Sheldon.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-15)
Sec. 250-15.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority be
or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-20)
Sec. 250-20.
Investment in bonds.
The State and all
counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof; all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business; and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article,
it being the purpose of this Section to authorize the investment in such
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers; provided, however, that nothing contained in this Section may be
construed as relieving any person from any duty of exercising reasonable
care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-25)
Sec. 250-25.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Sheldon
Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-30)
Sec. 250-30.
Board members appointed.
Within 60 days
after September 3, 1985 (the effective date of Article 8 of Public Act
84-245), the
Village President of Sheldon, with the advice and consent of the Sheldon
Village Board of Trustees, shall appoint
7 members of the Board, 2 members to be appointed for terms expiring
July 1, 1988,
2 members to be appointed for terms expiring July 1, 1987,
and 3 members
to be appointed for terms expiring July 1, 1986, such
terms commencing on the date
each is appointed.
At the expiration of the
term of any member,
his successor shall be appointed by the Village President of Sheldon in
a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-35)
Sec. 250-35.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Sheldon.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/250-40)
Sec. 250-40.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-21. Rights and powers.
Section 2-25. Incurring obligations.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-51. Borrowing; revenue bonds; mandamus or other actions to compel
performance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 255 heading) ARTICLE 255.
SPRINGFIELD METROPOLITAN EXPOSITION
AND AUDITORIUM AUTHORITY
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(70 ILCS 200/255-1)
Sec. 255-1.
Short title.
This Article may be cited as the Springfield
Metropolitan Exposition and Auditorium Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-5)
Sec. 255-5.
Definitions.
When used in this Article:
"Authority" means the Springfield Metropolitan Exposition and Auditorium
Authority.
"Board" means the governing and administrative body of the Springfield
Metropolitan Exposition and Auditorium Authority.
"Governor" means the Governor of the State of Illinois.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the Townships of Springfield,
Woodside and Capital in the County of Sangamon.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-10)
Sec. 255-10.
Authority created; principal office.
There
is hereby created a political subdivision, body politic and
municipal corporation by the name and style of Springfield Metropolitan
Exposition and Auditorium Authority in the metropolitan area.
The principal office
of the Authority shall be in the City of Springfield.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-15)
Sec. 255-15.
Duties.
It shall be the duty of the
authority to promote, operate and
maintain expositions and conventions from time to time in the metropolitan
area and in connection therewith to arrange, finance and maintain
industrial, cultural, educational, trade and scientific exhibits and to
construct, equip and maintain auditoriums and exposition buildings for such
purposes. The Authority is granted all rights and powers necessary to
perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-20)
Sec. 255-20. Rights and powers. The Springfield
Metropolitan Exposition and Auditorium Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in any other way
acquire, improve, extend, repair, reconstruct, regulate, operate, equip and
maintain fair and exposition grounds, convention or exhibition centers and
civic auditoriums, including sites and parking areas and facilities
therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such
grounds, centers and auditoriums, and parking areas and facilities in the
manner provided for the exercise of the right of
eminent domain under the Eminent Domain Act;
(d) To fix and collect just, reasonable and nondiscriminatory charges
for the use of such parking areas and facilities, grounds, centers and
auditoriums and admission charges to fairs, shows, exhibits and events
sponsored or held by the Authority. The charges collected may be made
available to defray the reasonable expenses of the Authority and to pay the
principal of and the interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/255-22) Sec. 255-22. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/255-25)
Sec. 255-25.
Federal money.
The Authority shall have the
power to apply for and accept grants,
loans or appropriations from the Federal Government or any agency or
instrumentality thereof to be used for any of the purposes of the Authority
and to enter into any agreement with the Federal Government in relation to
such grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-30)
Sec. 255-30.
Borrowing; revenue bonds.
The Authority
shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and exercising its
rights and powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any of its interest bearing
revenue bonds or its general obligation bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds of the
Authority shall be payable solely from such of the revenues or income to be
derived from the fairs, exhibits, shows and events and other authorized
activities operated by it, the charges made for the use of its facilities
and the funds, if any, received and to be received by the Authority from
any other source as are pledged by the ordinance authorizing the bonds.
Such bonds may bear such date or dates, may mature at such time or times
not exceeding forty years from their respective dates, may bear interest at
such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually, may
be in such form, may carry such registration privileges, may be payable at
such place or places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the face thereof,
may be executed in such manner and may contain such terms and covenants,
all as may be provided in said ordinance. In case any officer whose
signature appears on any bond ceases (after attaching his signature) to
hold office, his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring a mandamus,
injunction, or other civil action or proceeding to compel the
performance and
observance by the Authority or any of its officers, agents or employees of
any contract or covenant made by the Authority with the holders of such
bonds or interest coupons, to compel the Authority and any of its
officers, agents or employees to perform any duties required to be
performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the law of the State of
Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
the bonds shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a rate of less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall be such that the interest cost to
the Authority of the money received from the sale of 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 absolute
maturity of said bonds according to standard tables of bond values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertaking of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or for
admissions to its events, or from other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided that no lien
upon any physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be had by mandamus, injunction, or other
civil actions
or proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such revenue bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least three times in a daily newspaper of
general circulation published in the metropolitan area, the last
publication to be at least ten days before bids are required to be filed.
Copies of such advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed, filed and
opened as provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the manner provided
for in the initial advertisement. However, if no bids are received such
bonds may be sold at not less than par value, without further advertising,
within 60 days after the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-35)
Sec. 255-35.
Bonds; nature of indebtedness.
Under no
circumstances shall any bonds issued by the Authority
under Section 255-30 be or become an indebtedness or
obligation of
the State of Illinois or of any other political subdivision of or
municipality within the State, nor shall any such bond be or become an
indebtedness of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on the face of each
such bond that it does not constitute such an indebtedness or obligation
but is payable solely from the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-40)
Sec. 255-40.
Tax.
For the year 1973 and subsequent years, the Authority has power to
levy and collect annually, taxes upon all the taxable property in the
metropolitan area for the purpose of the payment for land leased,
condemned or purchased for a fair and exposition grounds, convention or
exhibition centers and civic auditoriums, for the purchase,
construction, leasing as lessee, equipping, supplying, or other
acquisition of such grounds, centers and auditoriums, and for the
payment of expenses incident thereto, for the payment of the principal
of and interest on all bonds of the Authority and for all other
corporate purposes as set forth in this Article. The Board may
accumulate
funds for the purposes of building construction, repairs and
improvements, payment of principal and interest on general obligation
bonds and may annually levy taxes for such purposes in excess of its
current requirements but subject to the tax rate limitation as provided
in this Section.
All general taxes proposed by the Board to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall within 10 days after its
passage be published once in a newspaper published and having a general
circulation within the metropolitan area and shall then be in effect. A
certified copy of such levy ordinance shall be filed with the county
clerk no later than the 3rd Tuesday in September in each year. Thereupon
the county clerk shall extend such tax. However, the aggregate amount of
taxes levied for any one year shall not exceed the rate of .05% of the
value of the taxable property of the metropolitan area as equalized or
assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-45)
Sec. 255-45.
Borrowing; general obligation and revenue bonds; backdoor
referendum. The Authority may borrow money for the purpose of carrying out
its duties and exercising its powers under this Article, and issue its general
obligation and revenue bonds as evidence of the indebtedness incurred.
In addition to other purposes, such bonds may be issued for the purpose
of refunding outstanding general obligation or revenue bonds of the
Authority. Such general obligation and revenue bonds shall be in the
form, shall mature at the time (no later than 40 years from the date of
issuance), shall bear interest at the rates (not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract), shall be executed by the officers
and shall be sold in the manner as the Board shall determine; except that
if issued to bear interest at the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
the bonds shall be sold for not less than par and accrued interest, and
that the selling prices of bonds bearing interest at a rate of less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, shall be such that the interest cost to
the Authority of the money received from the sale of 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 absolute maturity
of the bonds in accordance with standard tables of bond values. In case
any officer whose signature appears on any bond ceases, after affixing
his signature, to hold office, his signature shall nevertheless be valid
and effective for all purposes.
Before any such bonds (for which a
referendum is not required by Section 255-50) may be
authorized to be issued, the Board shall by ordinance propose the
issuance of the bonds. This ordinance shall set forth the total
principal amount of bonds proposed to be issued and shall in a general
way describe the purpose for which the bonds are to be issued. After
this ordinance has been passed by the Board it shall within 10 days be
published once in a newspaper published and having a general circulation
within the metropolitan area. The publication 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 ordinance be submitted
to the electors of the metropolitan area; (2) the time in which the petition
must be filed; and (3) the date of the prospective referendum. The Secretary
of the Board shall provide a petition form to any individual requesting one.
If within 30 days after the publication of the ordinance proposing
the issuance of bonds for which a referendum is not required by Section
255-50, a petition signed by
registered voters of the metropolitan area equal to 10% or more of the
registered voters in the metropolitan area, is filed with the Secretary
of the Board asking for a referendum on the proposition to issue the
bonds, the Board shall certify the proposition, in the form provided by
Section 255-50, to the proper election officials in accordance with the
general election law. If no such petition or no valid petition is filed
within 30 days after the
publication of the ordinance, it shall then be in effect. If such a
petition is so filed the ordinance proposing the issuance of the bonds
shall not be in effect and the bonds proposed by the ordinance shall not
be issued until the proposition has been approved by a majority of the
voters of the metropolitan area voting on the proposition.
When the ordinance proposing the issuance of the bonds is in effect,
the Board may by ordinance authorize the issuance of such bonds setting
forth the maturity schedule, interest rate, form and other details of
the bonds and their issuance. A copy of the ordinance so authorizing the
issuance of the bonds certified by the secretary shall be filed in the
office of the county clerk.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4,
it is and always has been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts, regardless of any
provision of this Article that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than those Acts.
(Source: P.A. 90-328, eff. 1-1-98; 90-655, eff. 7-30-98.)
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(70 ILCS 200/255-50)
Sec. 255-50.
G.O.
bonds; election. General obligation
bonds of the Authority, the aggregate
outstanding unpaid balance of which exceeds 1 1/2% of the total assessed
valuation of all taxable property within the metropolitan area shall not
be issued until the proposition to issue the same has been certified to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law. Any such proposition shall
be in substantially the following form:
Shall bonds of the "Springfield Metropolitan Exposition and YES Auditorium Authority" in the
amount of.... Dollars ($....) NO be issued for the purpose of ....?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/255-55)
Sec. 255-55.
Election; canvass of returns; expenses.
Any referendum required under Section 255-45 or 255-50 shall
be ordered and certified by the Board and shall be conducted and
notice thereof given in accordance with the general election law.
The returns of the election shall be filed with the Secretary of
the Board and shall be canvassed and the results ascertained by
the Board and entered upon the records of the Authority.
The expenses of the referendum shall be paid by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-60)
Sec. 255-60.
Board created.
The governing and
administrative body of the Authority shall be a
board consisting of 11 members and shall be known as the Springfield
Metropolitan Exposition and Auditorium Authority Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-65)
Sec. 255-65.
Term of Board members; election
of successors.
Board members shall be elected biennially by the electors of the
metropolitan area in each
odd numbered year beginning with 1981 on the day fixed by the general election
law. The 3 members elected in 1974 shall serve for a term of
4 years
and their successors to be elected in 1978 shall serve for a period of 6
years and until their successors are elected and qualified under the
consolidated
schedule of election in 1985. The 4 members to be elected in 1976
shall
serve until their successors are elected and qualified
at the regular elections in 1981. Their successors shall serve for a term
of 6 years. The successors of the 4 members elected
in 1972 to serve
for a term of 6 years shall serve for a term of 4
years and until their
successors are elected in 1983. Their successors shall serve for a term
of 6 years. Such members elected after 1983 shall serve for a
term of
6 years. In each election after 1972 a number of members shall be
elected
equal to the number of members whose terms are then expiring. In elections
after
1972 there shall also be elected members to fill any vacancies with
unexpired terms of at least 2 years, whether the vacancies are
temporarily filled by appointment or not. The election of members to
fill each vacancy shall be by separate vote, but the ballot for such
vote may be on the same ballot as for the regular election of members.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-70)
Sec. 255-70.
Qualifications of Board members and voters.
Each Board member shall be a registered voter, as provided in the
general election law, qualified to vote within the metropolitan area. All
persons qualified to vote and who are registered voters in the metropolitan
area, all as provided in the general election law, are eligible to vote in
all elections held pursuant to this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-75)
Sec. 255-75.
Nomination of Board members.
Nomination of a candidate for
member of the Board at any election to be held after June 1, 1970, shall be
made by a petition filed with the county clerk, signed by at least 50 voters
qualified to vote at the election. The petition shall be in substantially the
following form:
NOMINATING PETITION
To the County Clerk of Sangamon County:
We, the undersigned, being 50 or more of the voters qualified to vote,
hereby petition that .... who resides at ...., (Springfield, Woodside, Capital)
Township, in Sangamon County shall be a candidate for the office of member
of the Board of the Springfield Metropolitan Exposition and Auditorium
Authority (for a full term) (to fill a vacancy, term expiring on (insert
date)) to be voted for at an election to be held on (insert
date).
NAME ............... ADDRESS ............
The foregoing petition shall be verified by a certificate which may be
substantially in the following form:
I, ...., hereby certify that I am a voter residing in (Springfield, Woodside,
Capital) Township, Sangamon County, Illinois, and qualified to vote at the
election referred to above, and that the signatures on this sheet were signed
in my presence and are genuine and to the best of my knowledge and belief
the persons so signing were at the time of signing voters qualified to vote
at said election.
s/.................
SUBSCRIBED and SWORN to before me on (insert date).
................... Notary Public
(Source: P.A. 90-328, eff. 1-1-98; 91-357, eff. 7-29-99.)
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(70 ILCS 200/255-80)
Sec. 255-80.
Election of Board members.
Elections
for members of the Board shall be governed by
the general election law. Each voter may cast as many votes as there are
offices
to be filled at such election for trustee, but such votes may not be cumulated.
Upon completion of the canvass of votes the county clerk shall notify the
secretary of the Board of the results thereof.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-85)
Sec. 255-85.
Board members; vacancy in office.
Members
of the board shall hold office until their
respective successors have been elected and qualified. In case of
resignation, death, conviction of a felony or ceasing to reside in the
metropolitan area or other reason established by law, the member's office
shall become vacant. Each vacancy
may be filled until the next regular election of members by appointment by a
majority vote of the remaining members of the Board of a person resident
in the metropolitan area.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-90)
Sec. 255-90.
Organization of the Board.
As soon as practicably possible
after the appointment of the initial members and, thereafter, within 15 days
of each election of members, the Board shall organize for the transaction of
business, select a chairman, vice-chairman, and a temporary secretary from its
own number, and adopt by-laws and regulations to govern its proceedings. The
initial chairman and his successors shall be elected by the Board from time to
time for the term of his office as a member of the Board. Terms of members
are subject to Section 2A-54 of the Election Code.
(Source: P.A. 90-328, eff. 1-1-98; 90-655, eff. 7-30-98.)
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(70 ILCS 200/255-95)
Sec. 255-95.
Meetings; quorum; approval of ordinances and resolutions
by chairman; public records. Regular meetings of the Board shall
be held at least once in each
calendar month, the time and place of such meetings to be fixed by the
Board.
Six members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance or
resolution and the affirmative vote of at least 6 members shall be
necessary for the adoption of any ordinance or resolution.
All such
ordinances and resolutions before taking effect shall be approved by the
chairman of the Board, and if he shall approve thereof he shall sign the
same, and such as he shall not approve he shall return to the Board with
his objections thereto in writing at the next regular meeting of the Board
occurring after the passage thereof. But in case the chairman shall fail to
return any ordinance or resolution with his objections thereto by the time
aforesaid, he shall be deemed to have approved the same and it shall take
effect accordingly. Upon the return of any ordinance or resolution by the
chairman with his objections, the vote by which the same was passed shall
be reconsidered by the Board, and if upon such reconsideration said
ordinance or resolution is passed by the affirmative vote of at least 7
members, it shall go into effect notwithstanding the veto of the chairman.
All ordinances, resolutions and all proceedings of the Authority and all
documents and records in its possession shall be public records, and open
to public inspection, except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to
which the Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-100)
Sec. 255-100.
Deposit of funds.
All funds deposited by
the treasurer in any bank or savings
and loan association shall be placed
in the name of the Authority and shall be withdrawn or paid out only by
check or draft upon the bank or savings and loan association, signed by the
chairman, vice-chairman, secretary or treasurer and countersigned
by one of the same officers, but no one officer shall both sign and
countersign a check or draft.
The Board may designate any of its members or
any officer or employee of the Authority to affix the signature of the
chairman and another to affix the signature of the treasurer to any check
or draft for payment of salaries or wages and for payment of any other
obligation of not more than $2,500.00.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-105)
Sec. 255-105.
Bidders; civil action to compel compliance.
Any bidder who has
submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in equity in any
court
of competent jurisdiction
in Sangamon County to compel compliance with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-110)
Sec. 255-110.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient, the
Board shall cause to be prepared and printed a complete and detailed report
and financial statement of its operations and of its assets and
liabilities. A reasonably sufficient number of copies of such report shall
be printed for distribution to persons interested, upon request.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-115)
Sec. 255-115.
Disconnection of territory.
The owner or
owners of record of any area of land consisting of one or
more tracts in Sangamon County located within the corporate limits of the
Springfield Metropolitan Exposition and Auditorium Authority which (1)
contains 20 or more acres; (2) is not subdivided into municipal lots and
blocks; (3) is located on the border of the Springfield Metropolitan
Exposition and Auditorium Authority; and (4) which, if disconnected will
not result in the isolation of any part of the "Authority" from the
remainder of the "Authority", may have the area disconnected as follows:
The owner or owners of record of any such area shall file a petition in
the circuit court of the county in which the land is situated, alleging
facts in support of the disconnection. The Springfield Metropolitan
Exposition and Auditorium Authority shall be made a defendant and it or any
taxpayer residing in the Springfield Metropolitan Exposition and Auditorium
Authority may appear and defend against the petition. If the court finds
that the allegations of the petition are true, and that the area of land is
entitled to disconnection, it shall order the designated land disconnected
from the Springfield Metropolitan Exposition and Auditorium Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-120)
Sec. 255-120.
Tax status of disconnected territory.
The
disconnection of any territory from the Springfield Metropolitan
Exposition and Auditorium Authority shall not exempt it from taxation for
the purpose of paying any indebtedness contracted by the corporate
authorities of the Springfield Metropolitan Exposition and Auditorium
Authority prior to the filing of the petition for disconnection. On the
contrary, the territory shall be assessed and taxed to pay such
indebtedness until this indebtedness is completely paid, the same as though
the territory had not been disconnected. Except for this purpose, the
county clerk of Sangamon County shall not include disconnected territory
within the limits of the Springfield Metropolitan Exposition and Auditorium
Authority from which the territory has been disconnected.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-125)
Sec. 255-125.
Reconnection of disconnected territory.
Any area which has been disconnected from the Springfield Metropolitan
Exposition and Auditorium Authority and which is subsequently subdivided
into municipal lots and blocks or is used for commercial purposes may be
reconnected and annexed to the Authority in the following manner:
The Authority shall file in the circuit court a petition alleging facts
in support of reconnection and annexation. The owners of property within
the area sought to be reconnected shall be made defendants and may appear
and defend against the petition. If the court finds that the allegations of
the petition are true and that the Authority is entitled to have the area
reconnected under the terms of this Section, it shall enter an order
reconnecting and annexing the area to the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/255-130)
Sec. 255-130.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-128. Contracts; award to other than highest or lowest bidder by
three-fourths vote.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 260 heading) ARTICLE 260.
STERLING CIVIC CENTER
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(70 ILCS 200/260-1)
Sec. 260-1.
Short title.
This Article may be cited as the Sterling
Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-5)
Sec. 260-5.
Definitions.
When used in this Article:
"Authority" means the Sterling Metropolitan Exposition, Auditorium and Office
Building Authority.
"Board" means the governing and administrative body of the Sterling
Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the City of Sterling.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-10)
Sec. 260-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Sterling Metropolitan
Exposition,
Auditorium and Office Building Authority in the metropolitan area.
The principal office of
the Authority shall be in the City of Sterling.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-15)
Sec. 260-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Sterling
Metropolitan
Exposition Auditorium and Office Building Board. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-20)
Sec. 260-20.
Board members appointed.
Within 60 days
after
September 17, 1984 (the effective date of Article 2 of Public Act 83-1456), the Mayor
of Sterling with the advice and consent of the Sterling City Council shall
appoint
7 members of the Board, 2 members to be appointed for a term of one year,
2 members to be appointed for terms of 2 years, and 3 members
to be appointed for terms of 3 years, such terms commencing on the date
each is appointed. One of the members appointed may be a representative
from the Sterling City Council. At the expiration of the term of any member,
his successor shall be appointed by the Mayor of Sterling in a like manner.
All successors shall hold office for a term of 3 years from the date of
appointment, except in case of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-25)
Sec. 260-25.
Deposit of funds.
All funds deposited by
the treasurer in any bank shall be
placed in the name of the Authority and shall be withdrawn or paid out only by
check or draft upon the bank, signed by the treasurer and countersigned
by the chairman of the Board.
The Board
may designate any of its members or any officer or employee of the Authority
to affix the signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of salaries or wages
and for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-30)
Sec. 260-30.
Bidders; civil action to compel compliance.
Any bidder who has
submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the circuit
court in Whiteside County
to compel
compliance with the provisions of this Article relating
to the awarding of contracts by the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/260-35)
Sec. 260-35.
Standard civic center provisions incorporated by
reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-65. Bonds other than revenue bonds.
Section 2-70. Tax.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 265 heading) ARTICLE 265.
VERMILION COUNTY CIVIC CENTER
|
(70 ILCS 200/265-1)
Sec. 265-1.
Short title.
This Article may be cited as the Vermilion
County Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-5)
Sec. 265-5.
Purpose.
It is the purpose of this
Article to provide for a Metropolitan
Exposition, Auditorium and Office Building Authority in Vermilion County.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-10)
Sec. 265-10.
Definitions.
In this Article:
"Authority" means the
Vermilion County Metropolitan Exposition, Auditorium and Office Building
Authority.
"Board" means the governing and administrative body of the Vermilion
County Metropolitan Exposition, Auditorium and Office Building Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
County of Vermilion.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-15)
Sec. 265-15.
Authority created; principal office.
There
is hereby created a unit of local government known as the Vermilion County
Metropolitan
Exposition, Auditorium and Office Building Authority in the metropolitan
area.
The principal office
of the Authority shall be in the County of
Vermilion.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-20)
Sec. 265-20. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair expositions grounds, convention or exhibition
centers, civic auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located within the
metropolitan area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, buildings and auditoriums, and parking areas and
facilities in the manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums and admission charges to fairs, shows,
exhibits and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest on any bonds issued
by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 200/265-22) Sec. 265-22. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/265-25)
Sec. 265-25.
Bonds; nature of indebtedness.
Under no circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois or
any unit of local government or school district
within the State, nor shall
any such bond or obligation be or become an indebtedness of the Authority
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-30)
Sec. 265-30.
Investment in bonds.
The State and all counties, cities, villages, incorporated towns and
other units of local government and public bodies, and
public officers of any thereof; all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business; and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article, it being the purpose of this
Section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this Section may be construed as relieving any person from any
duty of exercising reasonable care in selecting securities for investment.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-32)
Sec. 265-32.
Bonds other than revenue bonds.
No bonds,
other than revenue bonds issued pursuant to
Section 2-52, shall be issued by the Authority until the proposition
to
issue the same has been submitted to and approved by a majority of the
voters of said metropolitan area voting upon the proposition at a
general election in accordance with the general election law. The Authority
may by resolution order such proposition submitted at a regular election
in accordance with the general election law, whereupon the recording officer
shall certify the resolution and the proposition to the proper election
officials for submission. Any proposition to issue bonds as
herein set forth shall be in substantially the following form:
Shall bonds of the Vermilion County Metropolitan Exposition, YES Auditorium and Office Building
Authority to the amount of ....... Dollars ($ ) be NO issued for the purpose of ....?
(Source: P.A. 90-328, eff. 1-1-98 .)
|
(70 ILCS 200/265-35)
Sec. 265-35.
Tax.
If a majority of the voters of said
metropolitan area
approve the issuance of bonds as provided in Section 265-32, the
Authority shall have power to levy and collect annually a sum sufficient
to pay for the annual principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance.
After the ordinance has been adopted it shall, within 10 days after its
passage, be published once in a newspaper published and having a general
circulation within the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than the 3rd
Tuesday in September in each year. Thereupon the county clerk shall
extend such tax; provided the aggregate amount of taxes levied for any
one year shall not exceed the rate of .0005% of the full fair cash
value, as equalized or assessed by the Department of Revenue.
If the Vermilion County Metropolitan Exposition, Auditorium and Office
Building Authority has made an intergovernmental cooperation agreement with
other units of local government that provides that the tax shall be levied
only in part of the metropolitan area, then the tax shall be levied only in
the part of the metropolitan area as provided in the agreement.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-40)
Sec. 265-40.
Board created.
The governing and
administrative body of the Authority shall be
a board known as the Vermilion County Metropolitan
Exposition, Auditorium and Office Building Board and shall consist of 12
members. The members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-45)
Sec. 265-45.
Board members appointed.
Within 60 days
after October 1, 1975 (the effective date of Public Act 79-794), the Mayor of Danville, with the advice and
consent of the Danville city council,
shall
appoint 9 members of the board, 3 members to be appointed for terms of 1
year, 3 members to be appointed for terms of 2 years, and 3 members to be
appointed for terms of 3 years, such terms commencing on the date each is
appointed. Within 60 days after September 11, 1989 (the effective date of
Public Act 86-907), the chairman of the county board of Vermilion County, with the
advice and consent of the county board, shall appoint 3 members to the
Vermilion County Metropolitan Exposition, Auditorium and Office Building
Board to serve for terms of one, 2, or 3 years, respectively, such terms
commencing on the date each is appointed. At the expiration of the term of
any member, his successor shall be appointed by the
Mayor of Danville or the chairman of the county board of Vermilion County,
as the case may be, in like manner. All successors shall hold office for a
term of 3 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-50)
Sec. 265-50.
Quorum; action by 7 Board members.
Three members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance or
resolution, and the affirmative vote of at least 7 members of the Board shall
be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/265-55)
Sec. 265-55.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings; lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-36. Acquisition of property from person or governmental agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-52. Borrowing; revenue bonds; interest payable semi-annually;
bond sale price; effect of Omnibus Bond Acts.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-127. Contracts; award to other than highest or lowest bidder by
four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 270 heading) ARTICLE 270.
WAUKEGAN CIVIC CENTER
|
(70 ILCS 200/270-1)
Sec. 270-1.
Short title.
This Article may be cited as
the
Waukegan Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/270-5)
Sec. 270-5.
Definitions.
When used in this Article:
"Authority" means the Waukegan Civic Center Authority.
"Board" means the governing and administrative body of the Waukegan
Civic
Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the
City of Waukegan.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/270-10)
Sec. 270-10.
Authority created; principal office.
There is hereby created a political subdivision, body politic
and municipal corporation by the name and style of the Waukegan
Civic Center
Authority in the metropolitan area.
The principal office
of the Authority shall be in the City of Waukegan.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/270-15)
Sec. 270-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 9 members and shall be known as the Waukegan Civic
Center Authority Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/270-20)
Sec. 270-20. Board members. The mayor and alderpersons,
ex officio, of the City of
Waukegan shall be the members of the Board.
Before
entering upon the duties of his office, each member of the Board shall take
and subscribe the constitutional oath of office and file it in the office
of the Secretary of State.
(Source: P.A. 102-15, eff. 6-17-21.)
|
(70 ILCS 200/270-25)
Sec. 270-25. Board member terms. Members of the Board
shall hold office until their
respective successors as mayor or alderpersons of the City of Waukegan have
been
appointed and qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
|
(70 ILCS 200/270-30)
Sec. 270-30.
Bidders; civil action to compel compliance.
Any bidder who has
submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Lake County
in which the metropolitan area is located to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/270-35)
Sec. 270-35.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 275 heading) ARTICLE 275.
WEST FRANKFORT CIVIC CENTER
|
(70 ILCS 200/275-1)
Sec. 275-1.
Short title.
This Article may be cited as the West
Frankfort Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/275-5)
Sec. 275-5.
Definitions.
When used in this Article:
"Authority" means the West Frankfort Civic Center Authority.
"Board" means the governing and administrative body of the West Frankfort
Civic Center Authority.
"Metropolitan area" means all that territory in the State of Illinois
lying within the corporate boundaries of the City of West Frankfort.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/275-10)
Sec. 275-10.
Authority created; principal office.
There is hereby created a
political subdivision, body politic and municipal corporation by the name and
style of the West Frankfort Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the City of West Frankfort.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/275-15)
Sec. 275-15.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the West Frankfort
Civic Center Authority Board. The members of the Board shall be
individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/275-20)
Sec. 275-20.
Board members appointed.
Within 60 days
after July 2, 1987 (the effective date of Article I of Public Act 85-14), the
Mayor of the City of West Frankfort, with the advice and consent of the West
Frankfort City Council, shall appoint 3 members of the Board for initial terms
expiring June 1, 1988; 2 members for initial terms expiring June 1, 1989;
and 2 members for initial terms expiring June 1, 1990. The successors of
the initial members shall be appointed in like manner for 3 year terms from
the date of appointment, except in case of an appointment to fill a
vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/275-25)
Sec. 275-25.
Removal of Board member.
The appointing officer, with the advice and consent of
the West Frankfort City Council, may remove any member of the
Board appointed by him, in case of incompetency, neglect of duty or
malfeasance in office, after service on him, by registered United States
mail, return receipt requested, of a copy of the written charges against
him and an opportunity to be publicly heard in person or by counsel in his
own defense upon not less than 10 days notice.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/275-30)
Sec. 275-30.
Bidders; civil action to compel compliance.
Any bidder who has submitted a bid in compliance with the requirements
for bidding under this Article may bring a civil action in the Circuit
Court of Franklin County
to compel compliance with the
provisions of this Article relating to the awarding of contracts by
the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/275-35)
Sec. 275-35.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other buildings; lease
of space.
Section 2-20. Rights and powers, including eminent domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/Art. 280 heading) ARTICLE 280.
WILL COUNTY METROPOLITAN EXPOSITION
AND AUDITORIUM AUTHORITY
|
(70 ILCS 200/280-1)
Sec. 280-1.
Short title.
This Article may be cited as the
Will County Metropolitan Exposition and Auditorium Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-5)
Sec. 280-5.
Definitions.
When used in this Article:
"Authority" means the Will County Metropolitan Exposition and Auditorium
Authority.
"Board" means the governing
and administrative body of the Will County Metropolitan Exposition and
Auditorium Authority.
"Governor" means the Governor of the State of Illinois.
"Metropolitan area" means all that territory in the State of Illinois lying
within the corporate boundaries of the County of Will.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-10)
Sec. 280-10.
Authority created; principal office.
There
is hereby created a unit of local government known as the Will
County Metropolitan Exposition and Auditorium Authority in the
metropolitan area.
The principal office of
the Authority shall be in the County of Will.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-15)
Sec. 280-15.
Duties.
It shall be the duty of the
authority to promote, operate and
maintain expositions and conventions from time to time in the metropolitan
area and in connection therewith to arrange, finance and maintain industrial,
cultural, educational, theatrical, sports, trade and scientific exhibits
and to construct, equip
and maintain auditoriums and exposition buildings for such purposes. The
Authority is granted all rights and powers necessary to perform such duties.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-20)
Sec. 280-20. Rights and powers. The Authority shall have
the following rights and powers:
(a) To purchase, own, construct, lease as lessee or | ||
| ||
(b) To plan for such grounds, centers and auditoriums | ||
| ||
(c) To exercise the right of eminent domain to | ||
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(d) To fix and collect just, reasonable and | ||
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(d-5) To sell the following real property and retain | ||
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(e) To enter into contracts treating any manner with | ||
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(Source: P.A. 94-790, eff. 5-19-06; 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07.)
|
(70 ILCS 200/280-22) Sec. 280-22. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 200/280-25)
Sec. 280-25.
Federal money.
The Authority shall have the
power to apply for and accept
grants, loans or appropriations from the federal government or any agency
or instrumentality thereof to be used for any of the purposes of the Authority
and to enter into any agreement with the federal government in relation
to such grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
|
(70 ILCS 200/280-30)
Sec. 280-30.
Borrowing; revenue bonds.
The Authority
shall have the continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its rights and powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing revenue bonds to refund any of its interest bearing
revenue bonds or its general obligation bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds of the Authority
shall be payable solely from such of the revenues or income to be derived
from the fairs, exhibits, shows and events and other authorized activities
operated by it, the charges made for the use of its facilities and the funds,
if any, received and to be received by the Authority from any other source
as are pledged by the ordinance authorizing the bonds. Such bonds may bear
such date or dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such rate or rates,
not exceeding the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% per annum payable semi-annually, may be in such form, may
carry such registration privileges, may be payable at such place or places,
may be made subject to redemption in such manner and upon such terms, with
or without premium as is stated on the face thereof, may be executed in
such manner and may contain such terms and covenants, all as may be provided
in said ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto issued by the Authority
may bring suits at law or proceedings in equity to compel the performance
and observance by the Authority or any of its officers, agents or employees
of any contract or covenant made by the Authority with the holders of such
bonds or interest coupons, to compel the Authority and any of its
officers,
agents or employees to perform any duties required to be performed for the
benefit of the holders of any such bonds or interest coupons by the provisions
of the ordinance authorizing their issuance, and to enjoin the Authority
and
any of its officers, agents or employees from taking any action in conflict
with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the law of the State of
Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) the rate of 8% per annum, the bonds shall be sold for not
less than par and accrued interest and except that the selling price of
bonds bearing interest at a rate of less than the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum shall
be such that the interest cost to the Authority of the money received from
the sale of the bonds shall not exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% annually computed to absolute maturity
of said bonds according to standard tables of bond values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the sale of said
bonds sufficient at all times, with other revenues of the Authority so pledged
to pay:
(a) the cost of maintaining, repairing, regulating and operating the said
facilities; and
(b) the bonds and interest thereon as they shall become due, and all sinking
fund requirements and other requirements provided by the ordinance authorizing
the issuance of the bonds or as provided by any trust agreement executed
to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertaking of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or for admissions
to its events, or from other revenue, if any, the Authority may execute and
deliver a trust agreement or agreements; provided that no lien upon any
physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust agreement
by the Authority may be had by mandamus proceedings in any Court of competent
jurisdiction to compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf such action may be instituted.
Before any such revenue bonds (excepting refunding bonds) are sold the
entire authorized issue, or any part thereof, shall be offered for sale
as a unit after advertising for bids at least 3 times in a daily newspaper
of general circulation published in the metropolitan area, the last publication
to be at least 10 days before bids are required to be filed. Copies of
such advertisement may be published in any newspaper or financial publication
in the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-35)
Sec. 280-35.
Bonds; nature of indebtedness; Under no
circumstances shall any bonds issued by the Authority
under Section 280-30 be or become an indebtedness or
obligation
of the State of Illinois or of any other political subdivision of or
municipality
within the State, nor shall any such bond be or become an indebtedness of
the Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each such bond that it does
not constitute such an indebtedness or obligation but is payable solely
from the revenues or income as aforesaid.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-40)
Sec. 280-40.
General obligation bonds.
The Authority
may borrow money for the purpose of carrying
out its duties and exercising its powers under this Article, and
issue its
general obligation bonds as evidence of the indebtedness incurred. In addition
to other purposes, such bonds may be issued for the purpose of refunding
outstanding general obligation or revenue bonds of the Authority. Such
general obligation bonds shall be in the form, shall mature at the time
(no later than 40 years from the date of issuance), shall bear interest
at the rates (not to exceed the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) 8% per annum), shall be executed by the officers and
shall be sold in the manner as the Board shall determine; except that if
issued to bear interest at the greater of (i) the maximum rate authorized
by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii)
the rate of 8% per annum, the bonds shall
be sold for not less than par and accrued interest, and that the selling
prices of bonds bearing interest at a rate of less than
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the money received
from the sale of the bonds shall not exceed the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, or (ii) 8% annually computed to absolute
maturity of the bonds in accordance with standard tables of bond values. In
case any officer whose signature appears on any bond ceases, after affixing
his signature, to hold office, his signature shall nevertheless be valid
and effective for all purposes.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-45)
Sec. 280-45.
G.O.
bonds; election. General obligation
bonds of the Authority shall not be
issued until the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area voting
upon the proposition at an election in accordance with the general election
law. Any such proposition shall be in substantially the following form:
Shall bonds of the Will County Metropolitan Exposition and YES Auditorium Authority in the
amount of ....... Dollars ($ ) NO be issued for the purpose of ......?
(Source: P.A. 90-328, eff. 1-1-98 .)
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(70 ILCS 200/280-50)
Sec. 280-50.
Conduct of election; canvass of returns.
Any referendum required under Sections 280-40 and 280-45
shall be certified by the Board to the proper election
officials, who shall conduct the referendum
in accordance with the general election law. The returns
shall be filed with the secretary of the Board and shall be canvassed
and the results ascertained by the Board and entered upon the records of
the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-55)
Sec. 280-55.
Board created.
The governing and
administrative body of the Authority shall
be a board consisting of 7 members and shall be known as the Will County
Exposition and Auditorium Authority Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-60)
Sec. 280-60.
Board members appointed.
Within 60 days
after September 22, 1977 (the effective date of Public Act 80-909), the
Governor, with the advice and consent of the Senate, shall appoint 3
members to the Board, one to serve an initial term expiring
December 1,
1979, and 2 to serve initial terms expiring December 1, 1981; and the
Mayor of Joliet, with the advice
and consent of the city council, shall appoint 4
members to the Board, 3 to serve initial terms expiring December 1,
1979, and one to serve an initial term expiring December 1, 1981.
Thereafter all terms shall be for 5 years. Vacancies shall be filled in
the same manner as the original appointment, except as otherwise provided
in this Section. When a term expires, the same appointing authority shall
make the appointment for the next term. Members shall serve until their
successors are appointed and qualified. When the appointments are final,
the Governor or the Mayor,
as the case
may be, shall certify the appointees to the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-65)
Sec. 280-65.
Organization of Board.
As soon as
practicably possible after the appointment of the
initial members and, thereafter, within 15 days of each election of members,
the Board shall organize for the transaction of business, select a chairman,
vice-chairman, and a temporary secretary from its own number, and adopt
by-laws and regulations to govern its proceedings. The initial chairman
and his successors shall be elected by the Board from time to time for
the term of his office as a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-70)
Sec. 280-70.
Meetings; approval of ordinances and resolutions by
chairman; public records. Regular meetings of the Board shall
be held at least once
in each calendar month, the time and place of such meetings to be fixed
by the Board. Five members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by
ordinance or resolution and the affirmative vote of at least 4 members
shall be necessary for the adoption of any ordinance or resolution.
All
such ordinances and resolutions before taking effect shall be approved
by the chairman of the Board, and if he shall approve thereof he shall
sign the same, and such as he shall not approve he shall return to the
Board with his objections thereto in writing at the next regular meeting
of the Board occurring after the passage thereof. But in case the
chairman shall fail to return any ordinance or resolution with his
objections thereto by the time aforesaid, he shall be deemed to have
approved the same and it shall take effect accordingly. Upon the return
of any ordinance or resolution by the chairman with his objections, the
vote by which the same was passed shall be reconsidered by the Board,
and if upon such reconsideration said ordinance or resolution is passed
by the affirmative vote of at least 4 members, it shall go into effect
notwithstanding the veto of the chairman.
All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records, and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which
the
Authority is a party.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-75)
Sec. 280-75.
Funds; compliance with Public Funds Investment Act.
All funds deposited by the treasurer in any bank or savings
and loan association shall be placed in the name of the Authority and
shall be withdrawn or paid out only by check or draft upon the bank or
savings and loan association, signed by the chairman, vice-chairman, secretary
or treasurer and countersigned by one of the same officers, but
no one officer shall both sign and countersign a check or draft. The Board
may designate any of its members or any officer or employee of the Authority
to affix the signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of salaries or wages
and for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-80)
Sec. 280-80.
Contracts; bidding.
All contracts for the
sale of property of the value of more than
$10,000 or for any concession in or lease of property of the Authority for
a term of more than one year shall be awarded to the highest responsible
bidder, after advertising for bids. All construction contracts and contracts
for supplies, materials, equipment and services, when the expense thereof
will exceed $10,000, shall be let to the lowest responsible bidder, after
advertising for bids excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished
or contracted for; (2) when the nature of the services required is such
that competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents of construction,
and others possessing a high degree of skill; and (3) when services such as
water, light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive bidding
whenever possible, and in any event in a manner calculated to ensure the
best interests of the public.
Competitive bidding is not required for the lease of real estate or buildings
owned or controlled by the Authority on July 13, 1982 (the effective date of
Public Act 82-786). The Board is empowered to offer such leases upon such terms as it
deems advisable.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy of
equipment, and ability to complete performance within the time set, and
other
factors besides financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or expenditure)
unless authorized or approved by a vote of at least three-fourths of the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be selected
in the following manner: to all bids for sales the gross receipts of which
are not taxable under the "Retailers' Occupation Tax Act", approved June
28, 1933, as amended, there shall be added an amount equal to the tax which
would be payable under said Act, if applicable, and the lowest in amount
of said adjusted bids and bids for sales the gross receipts of which are
taxable under said Act shall be considered the lowest bid; provided, that,
if said lowest bid relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original bid not adjusted
as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $10,000 for the purposes of avoiding the provisions of this Section,
and all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his
bid with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction of maintenance work or for the delivery of materials,
supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received pursuant
to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions
of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/280-85)
Sec. 280-85.
Report and financial statement.
As soon
after the end of each fiscal year as may be expedient,
the Board shall cause to be prepared and printed a complete and detailed
report and financial statement of its operations and of its assets and
liabilities.
A reasonably sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/280-90)
Sec. 280-90.
Standard civic center provisions incorporated by
reference. The following Sections of this Code are incorporated by reference
into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members' oath.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 900 heading) ARTICLE 900.
CODIFICATION PROVISIONS
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(70 ILCS 200/900-1)
Sec. 900-1.
Prior law.
(a) A provision of this Code that is a continuation of a prior law shall not
be construed as a new or different law.
(b) A citation in another Act to an Act or to a Section of an Act that is
continued in this Code shall be construed to be a citation to that continued
provision in this Code.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/900-5)
Sec. 900-5.
Other Acts of the General Assembly.
If any Act of the
General Assembly changes, adds, or repeals a provision of prior law that is
continued in this Code, then that change, addition, or repeal in the other Act
shall be construed together with this Code.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/900-10)
Sec. 900-10.
Home rule; mandates.
Nothing in this Code as initially
enacted (i) is a denial or limitation on home rule powers if no denial or
limitation existed under prior law or (ii) creates a State mandate under the
State Mandates Act if no mandate existed under prior law.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/900-15)
Sec. 900-15.
Titles; Articles; captions.
The language contained in the
Titles, Article headings, and Section and subsection captions in this Code:
(1) is intended only as a general description that is | ||
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(2) does not take precedence over the content of the | ||
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(3) shall not be used in construing the meaning of | ||
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(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 990 heading) ARTICLE 990.
STATUTES REPEALED
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(70 ILCS 200/990-5)
Sec. 990-5.
Repeals.
The following Acts are repealed:
The Metropolitan Civic Center Act.
The Aledo, Normal, Mason County, Jasper County, Brownstown Park District, Jo
Daviess County, Milford, Sheldon, Katherine Dunham, and Oak Park Civic Centers
Act.
The Aurora Civic Center Act.
The Benton Civic Center Law.
The Bloomington Civic Center Authority Act.
The Cave in Rock Township Civic Center Law.
The Chicago South and Melrose Park Civic Centers Act.
The Collinsville Civic Center Act.
The Columbia Civic Center Law.
The Community Building Complex Committee of Boone County Law.
The Decatur and Vermilion County Civic Centers Act.
The DuPage County, Sterling, Elgin, Orland Park, Centre East, and Schaumburg
Civic Centers Act.
The Forest Park Civic Center Law.
The Herrin, Jefferson County, and Quincy Civic Centers Act.
The Illinois-Michigan Canal National Heritage Corridor Civic Center Authority
Act.
The Lake County and Will County Metropolitan Exposition and Auditorium
Authority Act.
The Leyden Township Space Needs Law.
The Marengo, Crystal Lake, and Bowdre Township Civic Centers Act.
The Maywood Civic Center Law.
The Peoria Civic Center Act.
The Quad City and Pekin Civic Centers Act.
The Randolph County, Carbondale, Riverside, Matteson, Ottawa, Illinois
Valley, Waukegan, and Pontiac Civic Centers Act.
The River Forest Civic Center Act.
The Salem Civic Center Law.
The Rockford Civic Center Act.
The Springfield Metropolitan Exposition and Auditorium Authority Act.
The West Frankfort Civic Center Law.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/990-10)
Sec. 990-10.
The following Sections are repealed in Section 990-5 without
being continued in the Civic Center Code:
Section 0.01 (short title) of the
Aledo, Normal, Mason County, Jasper County, Brownstown Park District, Jo
Daviess County, Milford, Sheldon, Katherine Dunham, and Oak Park Civic Centers
Act. (70 ILCS 220/0.01)
Section 0.01 (short title) of the Chicago South and Melrose Park Civic
Centers Act. (70 ILCS 245/0.01)
Section 0.01 (short title) of the DuPage County, Sterling, Elgin,
Orland Park, Centre East, and Schaumburg Civic Centers Act. (70 ILCS 270/0.01)
Section 0.01 (short
title) of the Herrin, Jefferson County, and Quincy Civic Centers Act. (70 ILCS
280/0.01)
Section
0.01 (short title) of the Marengo, Crystal Lake, and Bowdre Township Civic
Centers Act. (70 ILCS 305/0.01)
Section 0.01 (short title) of the Quad City and Pekin Civic
Centers Act. (70 ILCS 320/0.01)
Section 0.01 (short title) of the Randolph County, Carbondale,
Riverside, Matteson, Ottawa, Illinois Valley, Waukegan, and Pontiac Civic
Centers Act. (70 ILCS 325/0.01)
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/Art. 998 heading) ARTICLE 998.
COMPARISON OF PRIOR LAW
AND STANDARD CIVIC CENTER PROVISIONS
(Repealed on December 31, 1997; text omitted)
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