Public Act 90-0328 of the 90th General Assembly
Public Act 90-0328
HB0235 Enrolled LRB9000879DJcd
AN ACT concerning civic centers.
WHEREAS, Codification of laws relating to civic centers
will achieve the goals of (i) consolidating the many laws
relating to civic centers; (ii) updating the often obsolete
language currently in use in these many laws; (iii)
incorporating uniform terminology that will ensure a
constancy of understanding and interpretation of these laws;
and (iv) eliminating the need for duplicative language
throughout these laws; and
WHEREAS, The Illinois General Assembly seeks to achieve
these goals by consolidating the many civic center laws of
Illinois into a Civic Center Code, without making any
substantive changes in the meaning, effect, or application of
those laws; and
WHEREAS, Because this Act is a codification of existing
law, the following matters of form are used:
(a) in Articles 5 through 280, the parenthetic citation
before a Section in the form "(from XX ILCS XX/XX)" (i) is an
informational reference to the prior law from which the
Section is derived and (ii) is not part of the text of the
law;
(b) in Articles 5 through 280, in the text of a Section,
(i) matter that is stricken indicates a deletion from the
prior law and (ii) matter that is underscored indicates an
addition to the prior law; and
(c) in Articles 5 through 280, the parenthetic citation
after a Section in the form "(Source: P.A. XX-XXXX)" (i) is
an informational reference to the most recent sources of the
continued text in the Session Laws of Illinois and (ii) is
not part of the law; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1.
SHORT TITLE
Section 1-1. Short title. This Act may be cited as the
Civic Center Code.
ARTICLE 2.
STANDARD CIVIC CENTER PROVISIONS
Section 2-1. Scope of Article. This Article sets forth
standard provisions that apply to a civic center authority
only when the specific Section of this Article is
incorporated by reference into the Article authorizing that
civic center.
Section 2-3. Purpose. The purpose of this Article is to
accomplish the aims of the State of Illinois to enhance the
ability of its citizens to avail themselves of civic and
cultural centers geographically situated throughout the
entire State of Illinois.
Section 2-5. Definitions. In this Article:
"Authority" means the Authority as defined in the Article
creating the Authority, except that in the case of provisions
incorporated by reference into Article 25, in the context of
that incorporation by reference "Authority" means the
Committee as defined in Article 25.
"Governmental agency" means the federal government, the
State, any unit of local government or school district, and
any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, company, association or joint stock association;
and includes any trustee, receiver, assignee or personal
representative thereof.
"Board" means the governing and administrative body of
the Authority as defined in the Article creating the
Authority, except that in the case of provisions incorporated
by reference into Article 25, in the context of that
incorporation by reference "Board" means the Committee as
defined in Article 25.
"Metropolitan area", for an Authority created under this
Act, means the metropolitan area for the Authority as defined
in the Article creating the Authority.
Section 2-10. Lawsuits; common seal.
(a) The Authority may sue and be sued in its corporate
name but execution shall not in any case issue against any
property of the Authority.
(b) The Authority may adopt a common seal and change the
same at its pleasure.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. It shall be the duty of the
Authority to promote, operate and maintain expositions,
conventions, and theatrical, sports and cultural activities
from time to time in the metropolitan area and in connection
therewith to arrange, finance and maintain industrial,
cultural, educational, theatrical, sports, trade and
scientific exhibits and to construct, equip and maintain
auditorium, exposition, recreational and office buildings for
such purposes.
The provision of office space for lease and rental and
the lease of air space over and appurtenant to such
structures shall be deemed an integral function of the
Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-16. Duties; auditorium and other buildings;
lease of space. It shall be the duty of the Authority to
promote, operate and maintain expositions, conventions, and
theatrical, sports and cultural activities from time to time
in the metropolitan area and in connection therewith to
arrange, finance and maintain industrial, cultural,
educational, theatrical, sports, trade and scientific
exhibits and to construct, equip and maintain auditorium,
exposition and office buildings for such purposes.
The provision of office space for rental and lease and
the lease of air space over and appurtenant to such
structures shall be deemed an integral function of the
Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-17. Duties; auditorium and other buildings. It
shall be the duty of the Authority to promote, operate and
maintain expositions, conventions, or theatrical, sports or
cultural activities from time to time in the metropolitan
area and in connection therewith to arrange, finance and
maintain industrial, cultural, educational, theatrical,
sports, trade or scientific exhibits and to lease or
construct, equip and maintain auditoriums, exposition
buildings or office buildings for such purposes.
The Authority is granted all rights and powers necessary
to perform such duties.
Section 2-20. Rights and powers, including eminent
domain. The Authority shall have the following rights and
powers:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
Section 2-21. Rights and powers. The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair or
exposition grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums, and to collect admission charges to fairs,
shows, exhibits and events sponsored or held by the
Authority. The charges collected may be made available to
defray the reasonable expenses of the Authority and to pay
the principal of and the interest on any bonds issued by the
Authority.
Section 2-25. Incurring obligations. The Authority
shall not incur any obligations for salaries or for office or
administrative expenses except within the amounts of funds
that will be available to it when such obligations become
payable.
Section 2-30. Prompt payment. Purchases made under this
Article shall be made in compliance with the Local Government
Prompt Payment Act.
Section 2-35. Acquisition of property from person,
State, or local agency. The Authority shall have power (i)
to acquire and accept by purchase, lease, gift or otherwise
any property or rights useful for the Authority's purposes
from any person or persons, from any municipal corporation,
body politic, or agency of the State, or from the State
itself, (ii) to apply for and accept grants, matching
grants, loans or appropriations from the State of Illinois or
any agency or instrumentality thereof to be used for any of
the purposes of the Authority, and (iii) to enter into any
agreement with the State of Illinois in relation to such
grants, matching grants, loans or appropriations.
Section 2-36. Acquisition of property from person or
governmental agency. The Authority shall have the power (i)
to acquire and accept by purchase, lease, gift or otherwise
any property or rights from any person or governmental agency
useful for its purposes, (ii) to apply for and accept grants,
matching grants, loans or appropriations from the State of
Illinois or any agency or instrumentality thereof to be used
for any of the purposes of the Authority, and (iii) to enter
into any agreement with the State of Illinois in relation to
such grants, matching grants, loans or appropriations.
Section 2-40. Federal money. The Authority shall have
the power (i) to apply for and accept grants, matching
grants, loans or appropriations from the federal government
or any agency or instrumentality thereof to be used for any
of the purposes of the Authority and (ii) to enter into any
agreement with the federal government in relation to such
grants, matching grants, loans or appropriations.
Section 2-45. Insurance. The Authority shall have the
power to procure and enter into contracts for any type of
insurance and indemnity against loss or damage to property
from any cause, against loss of use and occupancy, against
employers' liability, against any act of any member, officer,
or employee of the Board or Authority in the performance of
the duties of the office or employment, and against any other
insurable risk.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. The Authority shall have continuing power to
borrow money for the purpose of carrying out and performing
its duties and exercising its powers under this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates not exceeding
the maximum rate permitted by the Bond Authorization Act, may
be in such form, may carry such registration privileges, may
be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner, and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds or interest
coupons appertaining thereto issued by the Authority may
bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its
officers, agents or employees of any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, to compel the Authority or any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, and cultural expositions, sports activities,
exhibitions, office rentals, and air space leases and rentals
and from other revenue, if any, the Authority may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and to readvertise for bids in
the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance. The Authority shall have
continuing power to borrow money for the purpose of carrying
out and performing its duties and exercising its powers under
this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by the Authority, and from funds, if any,
received and to be received by the Authority from any other
source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in the ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto, issued by the Authority may bring
mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or
any of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing,
regulating and operating the facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
The Authority shall have continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its powers under this Article.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring
mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or
any of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4, it is and always has been
the intention of the General Assembly (i) that the Omnibus
Bond Acts are and always have been supplementary grants of
power to issue instruments in accordance with the Omnibus
Bond Acts, regardless of any provision of this Article that
may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section within the supplementary authority granted by
the Omnibus Bond Acts are not invalid because of any
provision of this Article that may appear to be or to have
been more restrictive than those Acts.
Section 2-55. Bonds; nature of indebtedness. Under no
circumstances shall any bonds issued by the Authority be or
become an indebtedness or obligation of the State of Illinois
or of any political subdivision of or municipality within the
State, nor shall any such bond or obligation be or become an
indebtedness of the Authority within the purview of any
constitutional limitation or provision, and it shall be
plainly stated on the face of each such bond that it does not
constitute such an indebtedness or obligation but is payable
solely from the revenues or income as provided in this
Article.
Section 2-60. Investment in bonds. The State and all
counties, cities, villages, incorporated towns and other
municipal corporations, political subdivisions and public
bodies, and public officers of any thereof; all banks,
bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan
associations, investment companies and other persons carrying
on an insurance business; and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest
any sinking funds, moneys or other funds belonging to them or
within their control in any bonds issued pursuant to this
Article, it being the purpose of this Section to authorize
the investment in such bonds of all sinking, insurance,
retirement, compensation, pension and trust funds, whether
owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for
investment.
Section 2-65. Bonds other than revenue bonds. No bonds,
other than revenue bonds issued pursuant to Section 2-50,
shall be issued by the Authority until the proposition to
issue the bonds has been submitted to and approved by a
majority of the voters of the metropolitan area voting upon
the proposition at a general election in accordance with the
general election law. The Authority may by resolution order
the proposition submitted at a regular election in accordance
with the general election law, whereupon the recording
officer shall certify the resolution and the proposition to
the proper election officials for submission. Any
proposition to issue bonds under this Section shall be in
substantially the following form:
Shall bonds of the (name of Authority) to the amount
of $(amount) be issued for the purpose of (state
purpose)?
The votes shall be recorded as "Yes" or "No".
Section 2-70. Tax. If a majority of the voters of the
metropolitan area approve the issuance of bonds as provided
in Section 2-65, the Authority shall have power to levy and
collect annually a sum sufficient to pay for the annual
principal and interest charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Upon the filing of
the ordinance the county clerk shall extend such tax;
provided the aggregate amount of taxes levied for any one
year shall not exceed the rate of .0005% of the full fair
cash value, as equalized or assessed by the Department of
Revenue.
Section 2-75. Board members; financial matters; conflict
of interest. The members of the Board shall serve without
compensation, but shall be reimbursed for actual expenses
incurred by them in the performance of their duties.
No member of the Board or employee of the Authority shall
have any private financial interest, profit or benefit in any
contract, work or business of the Authority or in the sale or
lease of any property to or from the Authority.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. The members of the Board shall serve without
compensation, but shall be reimbursed for actual expenses
incurred by them in the performance of their duties. However,
any member of the Board who is appointed to the office of
secretary or treasurer may receive compensation for his or
her services as such officer.
No member of the Board or employee of the Authority shall
have any private financial interest, profit or benefit in any
contract, work or business of the Authority or in the sale or
lease of any property to or from the Authority.
Section 2-80. Board members' oath. Within 30 days after
certification of appointment, and before entering upon the
duties of office, each member of the Board shall take and
subscribe the constitutional oath of office and file it in
the office of the Secretary of State.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer, in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member,
by registered United States mail, return requested, of a copy
of the written charges against the member and an opportunity
to be publicly heard in person or by counsel in the member's
own defense upon not less than 10 days' notice.
Section 2-85. Board members; vacancy in office. Members
of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from office; the resignation takes effect when the
member's successor has been appointed and has qualified.
In case of failure to qualify within the time required,
abandonment of office, death, conviction of a felony or
removal from office, a member's office shall become vacant.
Each vacancy shall be filled for the unexpired term by
appointment in like manner as in the case of expiration of
the term of a member of the Board.
Section 2-90. Organization of the Board. As soon as
practicably possible after the appointment of the initial
members, the Board shall organize for the transaction of
business, select a chairman and a temporary secretary from
its own number, and adopt by-laws and regulations to govern
its proceedings. The initial chairman and his successors
shall be elected by the Board from time to time for the term
of the chairman's office as a member of the Board or for the
term of 3 years, whichever is shorter.
Section 2-95. Meetings; action by 5 Board members.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to
be fixed by the Board.
Five members of the Board shall constitute a quorum for
the transaction of business. All actions of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 5 members shall be necessary for the adoption of any
ordinance or resolution.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-96. Meetings; action by 4 Board members.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to
be fixed by the Board.
Four members of the Board shall constitute a quorum for
the transaction of business. All actions of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 4 members shall be necessary for the adoption of any
ordinance or resolution.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-97. Board meetings; public records. Regular
meetings of the Board shall be held at least once in each
calendar month, the time and place of such meetings to be
fixed by the Board.
All ordinances, resolutions and proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection,
except such documents and records as shall be kept or
prepared by the Board for use in negotiations, actions or
proceedings to which the Authority is a party.
Section 2-100. Secretary; treasurer. The Board shall
appoint a secretary and a treasurer, who need not be members
of the Board, to hold office during the pleasure of the Board
and shall fix their duties and compensation. Before entering
upon the duties of their respective offices they shall take
and subscribe the constitutional oath of office, and the
treasurer shall execute a bond with corporate sureties to be
approved by the Board. The bond shall be payable to the
Authority in whatever penal sum may be directed upon the
faithful performance of the duties of the office and the
payment of all money received by the treasurer according to
law and the orders of the Board. The Board may, at any time,
require a new bond from the treasurer in a penal sum as may
then be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by the
insolvency, failure or closing of any national or state bank
wherein the treasurer has deposited funds if the bank has
been approved by the Board as a depositary for those funds.
The oaths of office and the treasurer's bond shall be filed
in the principal office of the Authority.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. The Board shall appoint
a secretary and a treasurer, who need not be members of the
Board, to hold office during the pleasure of the Board and
shall fix their duties and compensation. Before entering upon
the duties of their respective offices they shall take and
subscribe the constitutional oath of office, and the
treasurer shall execute a bond with corporate sureties to be
approved by the Board. The bond shall be payable to the
Authority in whatever penal sum may be directed upon the
faithful performance of the duties of the office and the
payment of all money received by the treasurer according to
law and the orders of the Board. The Board may, at any time,
require a new bond from the treasurer in such penal sum as
may then be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by the
insolvency, failure or closing of any savings and loan
association or national or State bank wherein the treasurer
has deposited funds if the bank or savings and loan
association has been approved by the Board as a depository
for those funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the Authority.
Section 2-105. Funds. All funds deposited by the
treasurer in any bank shall be placed in the name of the
Authority and shall be withdrawn or paid out only by check or
draft upon the bank, signed by the treasurer and
countersigned by the chairman of the Board. The Board may
designate any of its members or any officer or employee of
the Authority to affix the signature of the chairman and
another to affix the signature of the treasurer to any check
or draft for payment of salaries or wages and for payment of
any other obligation of not more than $2,500.
Section 2-106. Funds; compliance with Public Funds
Investment Act. All funds deposited by the treasurer in any
bank or savings and loan association shall be placed in the
name of the Authority and shall be withdrawn or paid out only
by check or draft upon the bank or savings and loan
association, signed by the treasurer and countersigned by the
chairman of the Board. The Board may designate any of its
members or any officer or employee of the Authority to affix
the signature of the chairman and another to affix the
signature of the treasurer to any check or draft for payment
of salaries or wages and for payment of any other obligation
of not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts. In case
any officer whose signature appears upon any check or draft
issued pursuant to this Article ceases to hold office after
attaching his or her signature and before the delivery of the
check or draft to the payee, that signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer had remained in office until
delivery.
Section 2-115. General manager; other appointments. The
Board may appoint a general manager who shall be a person of
recognized ability and business experience, to hold office
during the pleasure of the Board. The general manager shall
have management of the properties and business of the
Authority and of the employees thereof subject to the general
control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board,
and shall perform such other duties as may be prescribed from
time to time by the Board.
The Board may appoint a general attorney and a chief
engineer and shall provide for the appointment of such other
officers, attorneys, engineers, planners, consultants, agents
and employees as may be necessary. The Board shall define
their duties and require bonds of such of them as the Board
may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to this Section
shall be exempt from taking and subscribing any oath of
office and shall not be members of the Board.
The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys,
planners, consultants, agents and employees shall be fixed by
the Board.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. The Board shall have power to pass all
ordinances and make all rules and regulations proper or
necessary to carry into effect the powers granted to the
Authority, with such fines or penalties as may be deemed
proper. All fines and penalties shall be imposed by
ordinance, which shall be published in a newspaper of general
circulation published in the metropolitan area. No such
ordinance imposing a fine or penalty shall take effect until
10 days after its publication.
Section 2-122. Rules and regulations; penalties. The
Board shall have power to make all rules and regulations
proper or necessary to carry into effect the powers granted
to the Authority, with such penalties as may be deemed
proper.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public. Competitive bidding is not
required for the lease of real estate or buildings owned or
controlled by the Authority. The Board is empowered to offer
such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 5 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder, after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public. Competitive bidding is not
required for the lease of real estate or buildings owned or
controlled by the Authority. The Board is empowered to offer
such leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4 members of the
Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. All contracts for sale of
property of the value of more than $2500, or for a concession
in or lease of property, including air rights, of the
Authority for a term of more than one year, shall be awarded
to the highest responsible bidder, after advertising for
bids. All construction contracts and contracts for supplies,
materials, equipment and services, when the expense thereof
will exceed $2500, shall be let to the lowest responsible
bidder, after advertising for bids, except: (1) when repair
parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for;
(2) when the nature of the services required is such that
competitive bidding is not in the best interest of the
public, including, without limiting the generality of the
foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contract be awarded to any other than the
highest bidder (in case of sale, concession or lease) or the
lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote. All contracts for the
sale of property of the value of more than $2,500 or for any
concession in or lease of property of the Authority for a
term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2,500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2,500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
Section 2-130. Bids and advertisements. Advertisements
for bids shall be published at least twice in a daily
newspaper of general circulation published in the
metropolitan area, the last publication to be at least 10
calendar days before the time for receiving bids, and such
advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements shall state the time and place for
receiving and opening bids and, by reference to plans and
specifications on file at the time of the first publication,
or in the advertisement itself, shall describe the character
of the proposed contract in sufficient detail to fully advise
prospective bidders of their obligations and to ensure free
and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article relating to the awarding of contracts by the
Board.
Section 2-135. Report and financial statement. As soon
after the end of each fiscal year as may be expedient, the
Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and
of its assets and liabilities. A reasonably sufficient
number of copies of such report shall be printed for
distribution to persons interested upon request and a copy
thereof shall be filed with the county clerk and the
appointing officers.
Section 2-140. State financial support. The Authority
created by this Article shall receive financial support from
the State in the amounts provided for in Section 4 of the
Metropolitan Civic Center Support Act.
Section 2-145. Antitrust laws. The Authority is
expressly made the beneficiary of the provisions of Section 1
of the Local Government Antitrust Exemption Act, and the
General Assembly intends that the "State action exemption" to
the application of the federal antitrust laws be fully
available to the Authority to the extent its activities are
either (1) expressly or by necessary implication authorized
by this Article or other Illinois law or (2) within
traditional areas of local governmental activity.
Section 2-150. Tax exemption. All property of the
Authority shall be exempt from taxation by the State or any
taxing unit therein.
Section 2-155. Partial invalidity. If any provision of
this Article is held invalid such provision shall be deemed
to be excised from this Article and the invalidity thereof
shall not affect any of the other provisions of this Article.
If the application of any provision of this Article to any
person or circumstance is held invalid it shall not affect
the application of such provision to such persons or
circumstances other than those as to which it is held
invalid.
ARTICLE 5.
ALEDO CIVIC CENTER
(70 ILCS 220/1-2)
Section 5-1. Short title. Sec. 1-2. This Article shall be
known and may be cited as the Aledo Civic Center Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/1-3, in part)
Section 5-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Aledo Civic Center Authority.
"Board" means the governing and administrative body of
the Aledo Community Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Mercer
Township in the County of Mercer.
(Source: P.A. 85-1448.)
(70 ILCS 220/1-4, in part)
Section 5-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Aledo Community Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Aledo.
(Source: P.A. 84-245.)
(70 ILCS 220/1-14, in part)
Section 5-15. Board created. Sec. 1-14. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Aledo Civic
Center Authority Board. The members of the board shall be
individuals of generally recognized ability and integrity.
(70 ILCS 220/1-15, in part)
Section 5-20. Board members appointed. Sec. 1-15. Within
60 days after September 3, 1985 (the effective date of
Article 1 of Public Act 84-245), this Article becomes
effective: the Mayor of the City of Aledo with the advice and
consent of the Aledo City Council shall appoint 3 members of
the Board for initial terms expiring June 1, 1986; 3 members
for initial terms expiring June 1, 1987; and 3 members for
initial terms expiring June 1, 1988. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 84-245.)
(70 ILCS 220/1-16, in part)
Section 5-25. Removal of Board members. Sec. 1-16. The
appointing officer, with the advice and consent of the Aledo
City Council, may remove any member of the Board appointed by
him, in case of incompetency, neglect of duty, or malfeasance
in office, after service on him, by registered United States
mail, return requested, of a copy of the written charges
against him and an opportunity to be publicly heard in person
or by counsel in his own defense upon not less than 10 days'
notice.
(Source: P.A. 84-245.)
(70 ILCS 220/1-25, in part)
Section 5-30. Bidders; civil action to compel compliance.
Sec. 1-25. Any bidder who has submitted a bid in compliance
with the requirements for bidding under this Article may
bring a civil action in the circuit court of Mercer county in
which the metropolitan area is located to compel compliance
with the provisions of this Article Act relating to the
awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 5-35. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 10.
AURORA CIVIC CENTER
(70 ILCS 225/1)
Section 10-1. Short title. Sec. 1. This Article Act shall
be known and may be cited as the Aurora Civic Center Law of
1997 Act.
(Source: P.A. 78-927.)
(70 ILCS 225/2, in part)
Section 10-5. Definitions. Sec. 2. When used in this
Article Act:
"Authority" means Aurora Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Aurora Metropolitan Exposition, Auditorium and Office
Building Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Aurora and the Waubonsee Community College District #516
except for those portions lying within counties which have a
civic center authority within the corporate limits of such
counties.
(Source: P.A. 83-1456.)
(70 ILCS 225/3, in part)
Section 10-10. Authority created; principal office. Sec.
3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Aurora Metropolitan Exposition, Auditorium and Office
Building Authority in the metropolitan area. The principal
office of the Authority shall be in the City of Aurora.
(Source: P.A. 78-927.)
(70 ILCS 225/5)
Section 10-15. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office, educational and municipal buildings,
including sites and parking areas and facilities therefor
located within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 225/10)
Section 10-16. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said ordinance. In case
any officer whose signature appears on any bond ceases (after
attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The
holder or holders of any bonds, or interest coupons
appertaining thereto issued by the Authority may bring
mandamus, injunction, or other civil actions or and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of any
contract or covenant made by the Authority with the holders
of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority
shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be
instituted.
Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 225/13)
Section 10-17. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
10-16 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Aurora YES
Metropolitan Exposition, Auditorium
and Office Building Authority" to ----------------------
the amount of.... Dollars ($ ) be
issued for the purpose of....? NO
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 225/14)
Section 10-18. Tax. Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 10-17 13 of this Act, the Authority shall
have power to levy and collect annually a sum sufficient to
pay for the annual principal and interest charges on such
bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 81-1509.)
(70 ILCS 225/15, in part)
Section 10-20. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Aurora
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 78-927.)
(70 ILCS 225/16, in part)
Section 10-25. Board members appointed. Sec. 16. Within
60 days after July 1, 1974 (the effective date of Public Act
78-927), this Act becomes effective the Mayor of Aurora, with
the advice and consent of the Aurora city council, shall
appoint 9 members of the board, 3 members to be appointed for
terms of 1 year, 3 members to be appointed for terms of 2
years, and 3 members to be appointed for terms of 3 years,
such terms commencing on the date each is appointed. At the
expiration of the term of any member, his successor shall be
appointed by the Mayor of Aurora in like manner. All
successors shall hold office for a term of 3 years from the
date of appointment, except in case of an appointment to fill
a vacancy.
(Source: P.A. 78-927.)
(70 ILCS 225/19, in part)
Section 10-30. Quorum; votes necessary for action. Sec.
19. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be
by ordinance or resolution and the affirmative vote of at
least 5 members shall be necessary for the adoption of any
ordinance or resolution.
(Source: P.A. 78-927.)
(70 ILCS 225/25, in part)
Section 10-35. Lease of real estate; competitive bidding
not required. Sec. 25. Competitive bidding is not required
for the lease of real estate or buildings owned or controlled
by the Authority on July 13, 1982 (the effective date of
Public this Amendatory Act 82-786). The Board is empowered
to offer such leases upon such terms as it deems advisable.
Section 10-40. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-16. Duties; auditorium and other buildings;
lease of space.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-106. Funds; compliance with Public Funds
Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
Section 2-155. Partial invalidity.
ARTICLE 15.
BENTON CIVIC CENTER
(70 ILCS 230/1-2)
Section 15-1. Short title. Sec. 1-2. This Article shall
be known and may be cited as the Benton Civic Center Law of
1997.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-3, in part)
Section 15-5. Definitions. Sec. 1-3. When used in this
Article:
"Authority" means the Benton Civic Center Authority.
"Board" means the governing and administrative body of
the Benton Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Benton in the County of Franklin.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-4, in part)
Section 15-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Benton Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Benton.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-14, in part)
Section 15-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Benton
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-15, in part)
Section 15-20. Board members appointed. Sec. 1-15. Within
60 days after January 1, 1989 (the effective date of Article
I of Public Act 85-1314) this Article becomes effective, the
Mayor of the City of Benton, with the advice and consent of
the Benton City Council, shall appoint 3 members of the Board
for initial terms expiring June 1, 1990; 3 members for
initial terms expiring June 1, 1991; and 3 members for
initial terms expiring June 1, 1992. The successors of the
initial members shall be appointed in like manner for 3 year
terms from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-16, in part)
Section 15-25. Removal of Board members. Sec. 1-16. The
Mayor of the City of Benton, with the advice and consent of
the Benton City Council, may remove any member of the Board
appointed by him or her, in case of incompetency, neglect of
duty or malfeasance in office, after service on the member,
by registered United States mail, return receipt requested,
of a copy of the written charges against him or her and an
opportunity to be publicly heard in person or by counsel in
his or her own defense upon not less than 10 days notice.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-25, in part)
Section 15-30. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Franklin County in which the metropolitan area is located to
compel compliance with the provisions of this Article
relating to the awarding of contracts by the Board.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 230/1-26)
Section 15-35. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayor of the City of Benton.
(Source: P.A. 85-1314.)
Section 15-40. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space.
Section 2-20. Rights and powers, including eminent
domain.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-50. Borrowing; revenue bonds; suits to compel
performance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-75. Board members; financial matters; conflict
of interest.
Section 2-80. Board members' oath.
Section 2-85. Board members; vacancy in office.
Section 2-90. Organization of the Board.
Section 2-95. Meetings; action by 5 Board members.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-122. Rules and regulations; penalties.
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members.
Section 2-130. Bids and advertisements.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 20.
BLOOMINGTON CIVIC CENTER
(70 ILCS 235/2)
Section 20-1. Short title. Sec. 2. This Article Act shall
be known and may be cited as the Bloomington Civic Center
Authority Law of 1997 Act.
(Source: P.A. 80-1440.)
(70 ILCS 235/3, in part)
Section 20-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Bloomington Civic Center Authority.
"Board" means the governing and administrative body of
the Bloomington Civic Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Bloomington.
(Source: P.A. 80-1440.)
(70 ILCS 235/4, in part)
Section 20-10. Authority created; principal office. Sec.
4. There is hereby created a unit of local government known
as the Bloomington Civic Center Authority in the metropolitan
area.
The principal office of the Authority shall be in the
City of Bloomington.
(Source: P.A. 80-1440.)
(70 ILCS 235/5)
Section 20-14. Sec. 5. Powers and Duties. It shall be
the duty of the Authority to promote, operate and maintain
expositions, conventions, theatrical, sports and cultural
activities from time to time in the metropolitan area and in
connection therewith to arrange, finance and maintain
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits and to construct, equip and maintain
auditoriums and exposition and office buildings and
associated facilities for such purposes.
The provision of office, hotel and restaurant space for
lease and rental and the lease of air space over and
appurtenant to such structures shall be deemed an integral
function of the Authority.
The Authority is granted all rights and powers necessary
to perform such duties.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/6)
Section 20-15. Rights and powers. Sec. 6. The Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and expositions
grounds, convention or exhibition centers, civic auditoriums,
office and municipal buildings, and associated facilities,
including but not limited to hotel and restaurant facilities;
and sites and parking areas and facilities therefor located
within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, theatrical, sports, trade
and scientific exhibits, shows and events and to use, lease
as lessor, or allow the use of such grounds, centers,
auditoriums and associated facilities for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, auditoriums, associated
facilities, and parking areas and facilities in the manner
provided for the exercise of the right of eminent domain
under Article VII of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers, auditoriums and associated
facilities and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating any manner with the
objects and purposes of this Article Act.
(Source: P.A. 82-783.)
(70 ILCS 235/9)
Section 20-20. Federal money. Sec. 9. The Authority shall
have the power to apply for and accept grants, loans or
appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority and to enter into any agreement with the
federal government in relation to such grants, loans or
appropriations.
(Source: P.A. 80-1440.)
(70 ILCS 235/11)
Section 20-25. Borrowing; revenue bonds. Sec. 11. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum
payable semi-annually, may be in such form, may carry such
registration privileges, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to
compel the performance and observance by the Authority or any
of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the
money received from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% annually computed to absolute
maturity of said bonds according to standard tables of bond
values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertaking of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or
for admissions to its events, or from other revenue, if any,
the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be had by mandamus
proceedings in the circuit court to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such revenue bonds (excepting refunding bonds)
are sold the entire authorized issue, or any part thereof,
shall be offered for sale as a unit after advertising for
bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required
to be filed. Copies of such advertisement may be published
in any newspaper or financial publication in the United
States. All bids shall be sealed, filed and opened as
provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority
shall have the right to reject all bids and readvertise for
bids in the manner provided for in the initial advertisement.
However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within
60 days after the bids are required to be filed pursuant to
any advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 235/12)
Section 20-27. Bonds; nature of indebtedness. Sec. 12.
Under no circumstances shall any bonds issued by the
Authority under Section 20-25 11 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 80-1440.)
(70 ILCS 235/14)
Section 20-30. Sec. 14. General obligation bonds;
conditions. The Authority may borrow money for the purpose of
carrying out its duties and exercising its powers under this
Article Act, and issue its general obligation bonds as
evidence of the indebtedness incurred. In addition to other
purposes, such bonds may be issued for the purpose of
refunding outstanding general obligation or revenue bonds of
the Authority. Such general obligation bonds shall be in the
form, shall mature at the time (no later than 40 years from
the date of issuance), shall bear interest at the rates (not
to exceed the greater of (i) the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% per annum), shall be
executed by the officers, and shall be sold in the manner
that the Board shall determine; except that if issued to bear
interest at the greater of (i) the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) the rate of 8% per annum, the
bonds shall be sold for not less than par and accrued
interest, and that the selling prices of bonds bearing
interest at a rate of less than the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, or (ii) 8%
per annum shall be such that the interest cost to the
Authority of the money received from the sale of the bonds
shall not exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% annually
computed to absolute maturity of the bonds in accordance with
standard tables of bond values. In case any officer whose
signature appears on any bond ceases, after affixing his
signature, to hold office, his signature shall nevertheless
be valid and effective for all purposes.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/15)
Section 20-35. G.O. bonds; election. Sec. 15. General
obligation bonds of the Authority, shall not be issued until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area
voting upon the proposition at an election in accordance with
the general election law. Any such proposition shall be in
substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Bloomington
Civic Center Authority" YES
in the amount of ............... ------------------------
Dollars ($..........) be issued NO
for the purpose of ...............?
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 235/16)
Section 20-40. G.O. bonds; canvass of election returns.
Sec. 16. Any referendum required under Sections 20-30 and
20-35 14 or 15 of this Act shall be certified by the Board to
the proper election officials, who shall conduct the
referendum in accordance with the general election law. The
returns shall be filed with the secretary of the Board and
shall be canvassed and the results ascertained by the Board
and entered upon the records of the Authority.
(Source: P.A. 81-1489.)
(70 ILCS 235/17)
Section 20-45. Tax. Sec. 17. If a majority of the voters
of the said metropolitan area approve the issuance of bonds
as provided in Sections 20-30 14 and 20-35 15 of this Act,
the Authority shall have power to levy and collect annually a
sum sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax.
(Source: P.A. 80-1440.)
(70 ILCS 235/18, in part)
Section 20-50. Board created. Sec. 18. The governing and
administrative body of the Authority shall be a board
consisting of 5 members and shall be known as the Bloomington
Civic Center Authority Board.
(Source: P.A. 80-1440.)
(70 ILCS 235/19, in part)
Section 20-55. Board members appointed. Sec. 19. Within
60 days after September 15, 1978 (the effective date of
Public Act 80-1440), this Act becomes effective the Mayor of
Bloomington with the advice and consent of the Bloomington
city council shall appoint 5 members of the Board, one member
to be appointed for a term of one year, 2 members to be
appointed for terms of 2 years, and 2 members to be appointed
for terms of 3 years, such terms commencing on the date each
is appointed. At the expiration of the term of any member,
his successor shall be appointed by the Mayor of Bloomington
in like manner. All successors shall hold office for a term
of 3 years from the date of appointment, except in case of an
appointment to fill a vacancy.
(Source: P.A. 80-1440.)
(70 ILCS 235/21)
Section 20-58. Organization of the Board. Sec. 21. As
soon as practicably possible after the appointment of the
initial members the Board shall organize for the transaction
of business, select a chairman, vice-chairman, and a
temporary secretary from its own number, and adopt by-laws
and regulations to govern its proceedings. The initial
chairman and his successors shall be elected by the Board
from time to time for the term of his office as a member of
the Board.
(Source: P.A. 80-1440.)
(70 ILCS 235/22, in part)
Section 20-60. Quorum; action by 3 Board members. Sec.
22. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution and the affirmative vote of at
least 3 members shall be necessary for the adoption of any
ordinance or resolution.
(Source: P.A. 80-1440.)
(70 ILCS 235/24)
Section 20-62. Funds; compliance with Public Funds
Investment Act. Sec. 24. All funds deposited by the
treasurer in any bank or savings and loan association shall
be placed in the name of the Authority and shall be withdrawn
or paid out only by check or draft upon the bank or savings
and loan association, signed by the chairman, vice-chairman,
secretary or treasurer and countersigned by one of the same
officers, but no one officer shall both sign and countersign
a check or draft. The Board may designate any of its members
or any officer or employee of the Authority to affix the
signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of
salaries or wages and for payment of any other obligation of
not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 235/30)
Section 20-65. Report and financial statement. Sec. 30.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 80-1440.)
Section 20-70. Standard civic center provisions
incorporated by reference. The following Sections of this
Code are incorporated by reference into this Article:
Section 2-3. Purpose.
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person,
State, or local agency.
Section 2-45. Insurance.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest.
Section 2-80. Board members' oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines
and penalties.
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote.
Section 2-130. Bids and advertisements.
Section 2-132. Bidders; civil action to compel
compliance.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
ARTICLE 25.
BOONE COUNTY
COMMUNITY BUILDING COMPLEX
(70 ILCS 260/1-1)
Section 25-1. Sec. 1-1. Short title. This Article may
be cited as the Community Building Complex Committee of Boone
County Law of 1997.
(Source: P.A. 87-230.)
(70 ILCS 260/1-5)
Section 25-5. Sec. 1-5. Purpose. The purpose of this
Article is to allow the Citizens of Boone County to maintain,
operate and enhance the existing community building complex
and property geographically situated in Belvidere, Illinois.
(Source: P.A. 87-230.)
(70 ILCS 260/1-10, in part)
Section 25-10. Sec. 1-10. Definitions. In this Article:
"Committee" means the Community Building Complex
Committee of Boone County.
"Committee" means the governing and administrative body
of the Community Building Complex Committee of Boone County.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of Boone
County.
"Community organization" means a not for profit
organization that has been registered with this State for at
least 5 years as a not for profit organization, qualifies for
tax exempt status under Section 501(c)(3) or 501(c)(4) of the
Internal Revenue Code of 1986, and has been established in
Boone County for at least 5 years; such as the YMCA and the
Boone County Arts Council.
(Source: P.A. 87-230.)
(70 ILCS 260/1-15, in part)
Section 25-15. Sec. 1-15. Creation of Committee.
(a) The Community Building Complex Committee of Boone
County is created as a political subdivision, body politic,
and municipal corporation.
(b) The principal office of the Committee shall be in
Boone County.
(Source: P.A. 87-230.)
(70 ILCS 260/1-20)
Section 25-20. Sec. 1-20. Duties. The Committee shall
promote, operate, and maintain civic meetings and theatrical,
sports, and cultural activities from time to time in the
Boone County area. In connection with its duties, the
Committee shall arrange, finance, and maintain industrial,
cultural, educational, theatrical, sports, trade, and
scientific exhibits and shall construct, equip, and maintain
auditorium, exposition, recreational, and office buildings
for those purposes. Providing office space for lease and
rental and leasing air space over and appurtenant to those
structures are integral functions of the Committee. The
Committee is granted all rights and powers necessary to
perform its duties.
(Source: P.A. 87-230.)
(70 ILCS 260/1-25)
Section 25-25. Sec. 1-25. Powers. The Committee has the
following powers:
(a) To acquire, purchase, own, construct, lease as
lessee, or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip, and maintain the
Community Building Complex including sites, parking areas,
and commercial facilities for those structures, located
within Boone County.
(b) To plan for grounds, centers, and auditoriums; to
plan, sponsor, hold, arrange, and finance fairs, industrial,
cultural, educational, trade, and scientific exhibits, shows,
and events; and to use or allow the use of those grounds,
centers, and auditoriums for the holding of fairs, exhibits,
shows, and events, whether conducted by the Committee or some
other person or governmental agency.
(c) To fix and collect just, reasonable, and
nondiscriminatory (i) charges and rents for the use of its
parking areas and facilities, grounds, centers, buildings,
and auditoriums and (ii) admission charges to fairs, shows,
exhibits, and events sponsored or held by the Committee. The
charges collected may be made available to defray the
reasonable expenses of the Committee and to pay the principal
of and interest on any bonds issued by the Committee.
(d) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 87-230.)
(70 ILCS 260/1-35)
Section 25-27. Sec. 1-35. Acquisition of property. The
Committee has the power (i) to acquire and accept by
purchase, lease, gift, or otherwise any property or rights
from any person or persons, or from any municipal
corporation, or body politic, (ii) to apply for and accept
grants, matching grants, or loans from the State of Illinois
or any agency or instrumentality of the State to be used for
any of the purposes of the Committee other than capital
development, and (iii) to enter into any agreement with the
State of Illinois in relation to those grants, matching
grants, or loans.
(Source: P.A. 87-230.)
(70 ILCS 260/1-65)
Section 25-30. Sec. 1-65. Food and beverage tax.
(a) For the sole purpose of obtaining funds for the
support, construction, maintenance, or financing of a
facility of the Committee, the city council of the City of
Belvidere, within the city, and the county board of Boone
County, within those areas of the county outside the City of
Belvidere, may jointly impose a tax on the retail sale of
food and beverages that have been prepared for immediate
consumption. The tax shall not exceed the rate of 1% of the
selling price of such food and beverages. A tax imposed
under this Section shall be in addition to any other taxes
imposed on food and beverages.
(b) The purchaser of food and beverages shall be liable
for the payment of a tax imposed under this Section. The
city council of the City of Belvidere and the county board of
Boone County may, however, jointly require that any person
engaged in the business of making retail sales that are
subject to the tax must collect the tax and pay over the
proceeds of the tax as prescribed by ordinances of the city
council and county board.
(c) For the purposes of this Section, the support,
construction, maintenance, or financing of a facility of the
Committee may include the establishment of reserve funds and
the expenditure of funds under an intergovernmental agreement
for those purposes.
(d) The authority to impose a tax under this Section
terminates 10 years after the effective date of the ordinance
authorizing the tax unless (i) a continuation of the tax is
approved by the voters of Boone County by referendum
conducted in accordance with the general election law or (ii)
there are outstanding bonds of the Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-70, in part)
Section 25-35. Sec. 1-70. Creation of the Committee. The
governing and administrative body of the Committee shall
consist of 11 members and shall be known as the Community
Building Complex Committee. The members of the Committee
shall be individuals of generally recognized ability and
integrity.
(Source: P.A. 87-230.)
(70 ILCS 260/1-75, in part)
Section 25-40. Sec. 1-75. Members of the Committee.
Within 60 days after September 3, 1991 (the effective date of
Article 1 of Public Act 87-230) this Article becomes
effective, the appointing authorities shall appoint the
initial members of the Committee as follows:
(1) The chairman of the county board of Boone
County, with the advice and consent of the county board,
shall appoint 2 members, one of whom shall not be a
member of the county board.
(2) The mayor of the City of Belvidere, with the
advice and consent of the city council, shall appoint 2
members, one of whom shall not be a member of the city
council.
(3) The supervisor of Belvidere Township, with the
advice and consent of the township board of trustees,
shall appoint one member.
(4) The boards of trustees of all townships within
Boone County, except Belvidere Township, shall
collectively appoint one member.
(5) The president of the Belvidere Park Board, with
the advice and consent of the park board, shall appoint
one member.
(6) The chairman of the county board of Boone
County, with the advice and consent of the county board,
shall appoint 2 members from nominations submitted by
community organizations.
(7) The school board of Belvidere Community Unit
School District Number 100 shall appoint one member.
(8) The school board of North Boone Community Unit
School District Number 200 shall appoint one member.
The initial members of the Committee shall serve for
terms determined by lot at the first meeting of 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. 87-230.)
(70 ILCS 260/1-80, in part)
Section 25-45. Removal of Board members. Sec. 1-80.
Vacancy in office. 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. 87-230.)
(70 ILCS 260/1-90, in part)
Section 25-50. Quorum; action by 6 Board members;
approval by chairman. Sec. 1-90. Meetings; ordinances. 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. 87-230.)
(70 ILCS 260/1-120)
Section 25-55. Sec. 1-120. Contracts.
(a) All contracts for the sale of property of a value of
more than $5,000 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 $5,000, 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 $5,000 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure 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 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. 87-230.)
(70 ILCS 260/1-150)
Section 25-60. State appropriations for capital
development prohibited. Sec. 1-150. Prohibition. 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. 87-230.)
Section 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.
ARTICLE 30.
BOWDRE TOWNSHIP CIVIC CENTER
(70 ILCS 305/3-1)
Section 30-1. Short title. Sec. 3-1. This Article shall
be known and may be cited as the Bowdre "Bowdre Township
Civic Center Law of 1997".
(Source: P.A. 85-793.)
(70 ILCS 305/3-2, in part)
Section 30-5. Definitions. Sec. 3-2. 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. 85-793.)
(70 ILCS 305/3-3, in part)
Section 30-10. Authority created; principal office. Sec.
3-3. 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. 85-793.)
(70 ILCS 305/3-11)
Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
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. 85-793.)
(70 ILCS 305/3-12)
Section 30-13. Investment in bonds. Sec. 3-12. 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. 85-793.)
(70 ILCS 305/3-13, in part)
Section 30-15. Board created. Sec. 3-13. 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. 85-793.)
(70 ILCS 305/3-14)
Section 30-20. Board members appointed. Sec. 3-14. 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. 85-1371.)
(70 ILCS 305/3-15)
Section 30-25. Board members; concurrent offices. Sec.
3-15. 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. 85-1371.)
(70 ILCS 305/3-25)
Section 30-30. Report and financial statement. Sec. 3-25.
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. 85-793.)
Section 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.
ARTICLE 35.
BROWNSTOWN PARK
DISTRICT CIVIC CENTER
(70 ILCS 220/5-2)
Section 35-1. Short title. Sec. 5-2. This Article shall
be known and may be cited as the Brownstown Park District
Civic Center Law of 1997 Act.
(Source: P.A. 84-245.)
(70 ILCS 220/5-3, in part)
Section 35-5. Definitions. Sec. 5-3. When used in this
Article Act:
"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. 84-245.)
(70 ILCS 220/5-4, in part)
Section 35-10. Authority created; principal office. Sec.
5-4. 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. 84-245.)
(70 ILCS 220/5-14, in part)
Section 35-15. Board created. Sec. 5-14. 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. 84-245.)
(70 ILCS 220/5-15, in part)
Section 35-20. Board members appointed. Sec. 5-15. Within
60 days after September 3, 1985 (the effective date of
Article 5 of Public Act 84-245), this Article becomes
effective: 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. 84-245.)
(70 ILCS 220/5-16, in part)
Section 35-25. Removal of Board members. Sec. 5-16. 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. 84-245.)
(70 ILCS 220/5-25, in part)
Section 35-30. Bidders; civil action to compel
compliance. Sec. 5-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
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. 84-245.)
Section 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.
ARTICLE 40.
CARBONDALE CIVIC CENTER
(70 ILCS 325/2-2)
Section 40-1. Short title. Sec. 2-2. This Article may be
cited as the Carbondale Civic Center Law of 1997.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/2-3, in part)
Section 40-5. Definitions. Sec. 2-3. 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. 86-907; 86-1028.)
(70 ILCS 325/2-4, in part)
Section 40-10. Authority created; principal office. Sec.
2-4. 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. 86-907.)
(70 ILCS 325/2-14, in part)
Section 40-15. Board created. Sec. 2-14. 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. 86-907.)
(70 ILCS 325/2-15, in part)
Section 40-20. Board members appointed. Sec. 2-15. Within
60 days after September 11, 1989 (the effective date of
Article 2 of Public Act 86-907) this Act becomes effective,
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. 86-907.)
(70 ILCS 325/2-16, in part)
Section 40-25. Removal of Board members. Sec. 2-16. 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. 86-907.)
(70 ILCS 325/2-25, in part)
Section 40-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Jackson County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 45.
CAVE IN ROCK TOWNSHIP CIVIC CENTER
(70 ILCS 240/1001)
Section 45-1. Sec. 1001. Short title. This Article may
be cited as the Cave in Rock Township Civic Center Law of
1997.
(Source: P.A. 86-1414.)
(70 ILCS 240/1003, in part)
Section 45-5. Sec. 1003. 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. 86-1414.)
(70 ILCS 240/1004, in part)
Section 45-10. Sec. 1004. 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. 86-1414.)
(70 ILCS 240/1006)
Section 45-12. Sec. 1006. 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. 86-1414.)
(70 ILCS 240/1014, in part)
Section 45-15. Sec. 1014. 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. 86-1414.)
(70 ILCS 240/1015, in part)
Section 45-20. Sec. 1015. Members of the Board appointed.
Within 60 days after September 11, 1990 (the effective date
of Article 1 of Public Act 86-1414) this Article becomes
effective, 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. 86-1414.)
(70 ILCS 240/1016, in part)
Section 45-25. Removal of Board members. Sec. 1016.
Vacancy in office. 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. 86-1414.)
Section 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.
ARTICLE 50.
CENTRE EAST CIVIC CENTER
(70 ILCS 270/5-1)
Section 50-1. Short title. Sec. 5-1. This Article 5 shall
be known and may be cited as the Centre "Centre East Civic
Center Law of 1997 Act".
(Source: P.A. 83-1456.)
(70 ILCS 270/5-2, in part)
Section 50-5. Definitions. Sec. 5-2. 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. 83-1456.)
(70 ILCS 270/5-3, in part)
Section 50-10. Authority created; principal office. Sec.
5-3. 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. 83-1456.)
(70 ILCS 270/5-10)
Section 50-15. Borrowing; revenue bonds. Sec. 5-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 83-1456.)
(70 ILCS 270/5-11)
Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
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. 83-1456.)
(70 ILCS 270/5-12)
Section 50-17. Investment in bonds. Sec. 5-12. 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 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-13, in part)
Section 50-20. Board created. Sec. 5-13. 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. 83-1456.)
(70 ILCS 270/5-14, in part)
Section 50-25. Board members appointed. Sec. 5-14. Within
60 days after September 17, 1984 (the effective date of
Article 5 of Public Act 83-1456) this Act becomes effective,
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 this Act becomes effective, 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. 86-1414.)
(70 ILCS 270/5-25)
Section 50-30. Report and financial statement. Sec.
5-25. 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. 83-1456.)
Section 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.
ARTICLE 55.
CHICAGO SOUTH CIVIC CENTER
(70 ILCS 245/1-2)
Section 55-1. Short title. Sec. 1-2. This Article may be
cited as the Chicago South Civic Center Law of 1997.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-3, in part)
Section 55-5. Definitions. Sec. 1-3. 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 1-13.1.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-4, in part)
Section 55-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the 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. 86-8; 87-738.)
(70 ILCS 245/1-13.1)
Section 55-15. Inclusion of contiguous territory within
metropolitan area. Sec. 1-13.1. 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. 87-738.)
(70 ILCS 245/1-14, in part)
Section 55-20. Board created. Sec. 1-14. 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. 86-8; 87-738.)
(70 ILCS 245/1-15, in part)
Section 55-25. Board members appointed. On September 26,
1991 (Sec. 1-15. Upon the effective date of Public this
amendatory Act 87-738), of 1991 the terms of all the current
Board members shall expire. Within 60 days after that the
effective date of this amendatory Act of 1991, 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 1-13.1, 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. 86-8; 87-738.)
(70 ILCS 245/1-16)
Section 55-30. Board members; vacancy in office. Sec.
1-16. 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. 86-8; 87-738.)
(70 ILCS 245/1-17)
Section 55-35. Organization of the Board. Sec. 1-17. As
soon as practicably possible after the appointment of the
members as provided in Public Act 87-738 this amendatory Act
of 1991, 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 this amendatory Act 87-738) of 1991 shall remain in
force until changed by the Board on or after that the
effective date of this amendatory Act of 1991.
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-18, in part)
Section 55-40. Quorum; action by majority of Board
members. Sec. 1-18. 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. 86-8; 87-738.)
(70 ILCS 245/1-24)
Section 55-45. Contracts. Sec. 1-24. All contracts for
the sale of property of the value of more than $2,500 or for
a concession in or lease of property including air rights of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2,500, shall be let to the lowest
responsible bidder after advertising for bids, excepting (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible and, in any event, in a manner calculated to 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. 86-8; 87-738.)
(70 ILCS 245/1-25, in part)
Section 55-50. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of 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. 86-8.)
(70 ILCS 245/1-26)
Section 55-55. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayor of the City of Harvey.
(Source: P.A. 86-8.)
Section 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.
ARTICLE 60.
COLLINSVILLE CIVIC CENTER
(70 ILCS 250/2)
Section 60-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the Collinsville Civic
Center Law of 1997 Act.
(Source: P.A. 83-1127.)
(70 ILCS 250/3, in part)
Section 60-5. Definitions. Sec. 3. When used in this
Article Act:
"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. 83-1127.)
(70 ILCS 250/4, in part)
Section 60-10. Authority created; principal office. Sec.
4. 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. 83-1127.)
(70 ILCS 250/13.1)
Section 60-15. Food and beverage tax. Sec. 13.1.
(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. 85-1006.)
(70 ILCS 250/14, in part)
Section 60-20. Board created. Sec. 14. 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. 86-1017.)
(70 ILCS 250/15, in part)
Section 60-25. Board members appointed. Sec. 15. Within
60 days after January 1, 1985 (the effective date of Public
Act 83-1127), this Act becomes effective 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. 86-1017.)
Section 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.
ARTICLE 65.
COLUMBIA CIVIC CENTER
(70 ILCS 255/2001)
Section 65-1. Sec. 2001. Short title. This Article may
be cited as the Columbia Civic Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 255/2003, in part)
Section 65-5. Sec. 2003. 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. 86-1414.)
(70 ILCS 255/2004, in part)
Section 65-10. Sec. 2004. Creation of Authority. (a) The
Columbia 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 City of Columbia.
(Source: P.A. 86-1414.)
(70 ILCS 255/2006)
Section 65-12. Sec. 2006. 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. 86-1414.)
(70 ILCS 255/2014, in part)
Section 65-15. Sec. 2014. 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. 86-1414.)
(70 ILCS 255/2015, in part)
Section 65-20. Sec. 2015. Members of the Board appointed.
Within 60 days after September 11, 1990 (the effective date
of Article 2 of Public Act 86-1414) this Article becomes
effective, 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. 86-1414.)
(70 ILCS 255/2016, in part)
Section 65-25. Removal of Board members. Sec. 2016.
Vacancy in office. 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. 86-1414.)
Section 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.
ARTICLE 70.
CRYSTAL LAKE CIVIC CENTER
(70 ILCS 305/2-2)
Section 70-1. Short title. Sec. 2-2. This Article shall
be known and may be cited as the Crystal Lake Civic Center
Law of 1997.
(Source: P.A. 85-793.)
(70 ILCS 305/2-3, in part)
Section 70-5. Definitions. Sec. 2-3. 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. 87-1208.)
(70 ILCS 305/2-4, in part)
Section 70-10. Authority created; principal office. Sec.
2-4. 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. 85-793.)
(70 ILCS 305/2-14, in part)
Section 70-15. Board created. Sec. 2-14. 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. 85-793.)
(70 ILCS 305/2-15, in part)
Section 70-20. Board members appointed. Sec. 2-15.
Within 60 days after January 1, 1988 (the effective date of
Article II of Public Act 85-793) this Article becomes
effective, 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. 85-793.)
(70 ILCS 305/2-16, in part)
Section 70-25. Removal of Board members. Sec. 2-16. 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. 85-793.)
(70 ILCS 305/2-25, in part)
Section 70-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
McHenry County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 85-793.)
Section 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.
ARTICLE 75.
DECATUR CIVIC CENTER
(70 ILCS 265/1.1)
Section 75-1. Short title. Sec. 1.1. This Article may be
cited Act shall be known as the Decatur Civic Center Law of
1997 "Decatur and Vermilion County Civic Centers Act".
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/1)
Section 75-5. Purpose. Sec. 1. It is the purpose of this
Article Act to provide for a 2 separate Metropolitan
Exposition, Auditorium and Office Building Authority
Authorities, one in Decatur and one in Vermilion County.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/2, in part)
Section 75-10. Definitions. In this Article: Sec. 2.
"Authority" means the Decatur Metropolitan Exposition,
Auditorium and Office Building Authority. The term also means
the Vermilion County Metropolitan Exposition, Auditorium and
Office Building Authority.
"Board" means the governing and administrative body of
the Decatur Metropolitan Exposition, Auditorium and Office
Building Authority. The term also 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 City
of Decatur or the County of Vermilion, as the case may be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/3, in part)
Section 75-15. Authority created; principal office. Sec.
3. There is hereby created a unit of local government known
as the Decatur or Vermilion County, as the case may be,
Metropolitan Exposition, Auditorium and Office Building
Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Decatur or the County of Vermilion, as the case may
be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/5)
Section 75-20. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 82-783.)
(70 ILCS 265/11)
Section 75-25. Bonds; nature of indebtedness. Sec. 11.
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. 79-794.)
(70 ILCS 265/12)
Section 75-30. Investment in bonds. Sec. 12. 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
Act, it if 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. 79-794.)
(70 ILCS 265/13)
Section 75-35. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Decatur
(or Vermilion County, as the case YES
may be) Metropolitan Exposition,
Auditorium and Office Building -------------------------
Authority" to the amount of
........ Dollars ($ ) be NO
issued for the purpose of
..........?
-------------------------------------------------------------
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/14)
Section 75-40. Tax. Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 75-35 13 of this Act, the Authority shall
have power to levy and collect annually a sum sufficient to
pay for the annual principal and interest charges on such
bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
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. 86-888; 86-907.)
(70 ILCS 265/15, in part)
Section 75-45. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board and
shall be known as the Decatur Metropolitan Exposition,
Auditorium and Office Building Board and or the Vermilion
County Metropolitan Exposition, Auditorium and Office
Building Board, as the case may be. The Decatur Metropolitan
Exposition, Auditorium and Office Building Board shall
consist of 9 members. The Vermilion County Exposition,
Auditorium and Office Building Board shall consist of 12
members.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/16, in part)
Section 75-50. Board members appointed. Sec. 16. Within
60 days after October 1, 1975 (the effective date of Public
Act 79-794), this Act becomes effective the Mayor of Decatur,
or the Mayor of Danville, as the case may be with the advice
and consent of the Decatur or Danville city council, as the
case may be, 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 the effective date of this
amendatory Act of 1989, 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 Decatur, 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. 86-888; 86-907.)
(70 ILCS 265/19, in part)
Section 75-55. Quorum; action by 5 Board members. Sec.
19. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution, and the affirmative vote of at
least 5 members in the case of the Decatur Metropolitan
Exposition, Auditorium and Office Building Board and at least
7 members in the case of the Vermilion County Metropolitan
Exposition, Auditorium and Office Building Board shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 86-888; 86-907.)
Section 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.
ARTICLE 80.
DUPAGE COUNTY CIVIC CENTER
(70 ILCS 270/1-1)
Section 80-1. Short title. Sec. 1-1. This Article 1
shall be known and may be cited as the DuPage County Civic
Center Law of 1997 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-2, in part)
Section 80-5. Definitions. Sec. 1-2. 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. 85-791.)
(70 ILCS 270/1-3, in part)
Section 80-10. Authority created; principal office. Sec.
1-3. 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. 83-1456.)
(70 ILCS 270/1-5)
Section 80-15. Rights and powers. Sec. 1-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-10)
Section 80-20. Borrowing; revenue bonds. Sec. 1-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office,;
his signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds, or interest
coupons appertaining thereto issued by the Authority may
bring mandamus, injunction, or other civil actions or and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of or
any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is 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 and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 270/1-13)
Section 80-25. Bonds other than revenue bonds. Sec.
1-13. No bonds, other than revenue bonds issued pursuant to
Section 80-20 1-10, shall be issued by the Authority until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "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. 83-1456.)
(70 ILCS 270/1-14)
Section 80-30. Tax. Sec. 1-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 80-25 1-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-15, in part)
Section 80-35. Board created. Sec. 1-15. 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. 83-1456.)
(70 ILCS 270/1-16, in part)
Section 80-40. Board members appointed. Sec. 1-16. Within
60 days after September 17, 1984 (the effective date of
Article 1 of Public Act 83-1456), this Act becomes effective
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. 83-1456.)
Section 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.
ARTICLE 85.
ELGIN CIVIC CENTER
(70 ILCS 270/3-2)
Section 85-1. Short title. Sec. 3-2. This Article 3 shall
be known and may be cited as the Elgin Civic Center Law of
1997 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-3, in part)
Section 85-5. Definitions. Sec. 3-3. 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. 83-1456.)
(70 ILCS 270/3-4, in part)
Section 85-10. Authority created; principal office. Sec.
3-4. 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. 83-1456.)
(70 ILCS 270/3-16, in part)
Section 85-15. Board created. Sec. 3-16. 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. 83-1456.)
(70 ILCS 270/3-17, in part)
Section 85-20. Board members appointed. Sec. 3-17.
Within 60 days after September 17, 1984 (the effective date
of Article 3 of Public Act 83-1456), this Act becomes
effective 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. 83-1456.)
(70 ILCS 270/3-22)
Section 85-25. Funds; compliance with Public Funds
Investment Act. Sec. 3-22. 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 "An Act relating
to certain investments of public agencies", approved July 23,
1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-27, in part)
Section 85-30. Bidders; civil action to compel
compliance. Sec. 3-27. 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. 83-1456.)
Section 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.
ARTICLE 90.
FOREST PARK CIVIC CENTER
(70 ILCS 275/3001)
Section 90-1. Sec. 3001. Short title. This Article may
be cited as the Forest Park Civic Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 275/3003, in part)
Section 90-5. Sec. 3003. 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. 86-1414.)
(70 ILCS 275/3004, in part)
Section 90-10. Sec. 3004. 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. 86-1414.)
(70 ILCS 275/3006)
Section 90-12. Sec. 3006. 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. 86-1414.)
(70 ILCS 275/3014, in part)
Section 90-15. Sec. 3014. 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. 86-1414.)
(70 ILCS 275/3015, in part)
Section 90-20. Sec. 3015. Members of the Board
appointed. Within 60 days after September 11, 1990 (the
effective date of Article 3 of Public Act 86-1414) this
Article becomes effective, 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. 86-1414.)
(70 ILCS 275/3016, in part)
Section 90-25. Removal of Board members. Sec. 3016.
Vacancy in office. 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. 86-1414.)
(70 ILCS 275/3018, in part)
Section 90-30. Quorum; action by 3 Board members. Sec.
3018. Meetings; ordinances. 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. 86-1414.)
(70 ILCS 275/3024)
Section 90-35. Sec. 3024. 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 $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense will exceed $2,500, 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 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure 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 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. 86-1414.)
Section 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.
ARTICLE 95.
HERRIN CIVIC CENTER
(70 ILCS 280/1-2)
Section 95-1. Short title. Sec. 1-2. This Article 1
shall be known and may be cited as the Herrin and Jefferson
County Civic Center Law of 1997 Act.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3, in part)
Section 95-5. Definitions. Sec. 1-3. When used in this
Article Act:
"Authority" means the Herrin Metropolitan Exposition,
Auditorium and Office Building Authority or the Jefferson
County Metropolitan Exposition, Auditorium and Office
Building Authority, as the case may be.
"Board" means the governing and administrative body of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority or the governing and administrative body
of the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Authority, as the case may be.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Herrin or of the County of Jefferson, as the case may be.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4, in part)
Section 95-10. Authority created; principal office. Sec.
1-4. There is are hereby created a 2 political subdivision
subdivisions, body politic politics and municipal corporation
corporations by the name names and style styles of the Herrin
Metropolitan Exposition, Auditorium and Office Building
Authority and the Jefferson County Metropolitan Exposition,
Auditorium and Office Building Authority in the their
respective metropolitan area areas.
The principal office of the Herrin Metropolitan
Exposition, Auditorium and Office Building Authority shall be
in the City of Herrin and 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. 83-1451.)
(70 ILCS 280/1-14, in part)
Section 95-15. Board created. Sec. 1-14. 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
or the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Board, as the case may be. The members of
the Board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15, in part)
Section 95-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1984 (the effective date of
Article 1 of Public Act 83-911), this Act becomes effective
the Mayor of Herrin or Mount Vernon, as the case may be, with
the advice and consent of the Herrin or 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 Herrin or Mount Vernon City Council.
At the expiration of the term of any member, his successor
shall be appointed by the Mayor of Herrin or 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. 83-911.)
Section 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.
ARTICLE 100.
ILLINOIS INTERNATIONAL CONVENTION CENTER
(70 ILCS 270/6-1)
Section 100-1. Short title. Sec. 6-1. This Article 6
shall be known and may be cited as the Illinois International
Convention Center Law of 1997.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-2, in part)
Section 100-5. Definitions. Sec. 6-2. 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. 86-1414.)
(70 ILCS 270/6-3, in part)
Section 100-10. Authority created; principal office. Sec.
6-3. 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. 86-1414.)
(70 ILCS 270/6-10)
Section 100-15. Borrowing; revenue bonds. Sec. 6-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 83-1456.)
(70 ILCS 270/6-11)
Section 100-20. Bonds; nature of indebtedness. Sec.
6-11. 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. 83-1456.)
(70 ILCS 270/6-12)
Section 100-25. Investment in bonds. Sec. 6-12. 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
Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-13)
Section 100-30. Bonds other than revenue bonds; election.
Sec. 6-13. No bonds, other than revenue bonds issued pursuant
to Section 100-15 6-10, shall be issued by the Authority
until the proposition to issue the same has been submitted to
and approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the Illinois
International Convention Center YES
Authority to the amount of...... ------------------------
Dollars ($ ) be issued for the NO
purpose of....?
-------------------------------------------------------------
(Source: P.A. 86-1414.)
(70 ILCS 270/6-14)
Section 100-35. Tax. Sec. 6-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 100-30 6-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the County Clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
County Clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value of the taxable
property in the metropolitan area, as equalized or assessed
by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-15, in part)
Section 100-40. Board created. Sec. 6-15. 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. 86-1414.)
(70 ILCS 270/6-16, in part)
Section 100-45. Board members appointed. Sec. 6-16.
Within 60 days after September 17, 1984 (the effective date
of Article 6 of Public Act 83-1456) this Act becomes
effective, 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) this
amendatory Act of 1990 becomes effective, 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. 86-1414.)
(70 ILCS 270/6-27)
Section 100-50. Report and financial statement. Sec.
6-27. 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. 83-1456.)
Section 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.
ARTICLE 105.
ILLINOIS-MICHIGAN CANAL
NATIONAL HERITAGE CORRIDOR CIVIC CENTER
(70 ILCS 285/1)
Section 105-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Illinois-Michigan
"Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority Law of 1997 Act".
(Source: P.A. 85-791.)
(70 ILCS 285/2, in part)
Section 105-5. Definitions. Sec. 2. When used in this
Article: Act
"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,
Hodgins, 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. 85-791.)
(70 ILCS 285/3, in part)
Section 105-10. Authority created; principal office. Sec.
3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
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. 85-791.)
(70 ILCS 285/4)
Section 105-15. Duties. Sec. 4. 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. 83-893.)
(70 ILCS 285/5)
Section 105-20. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 Act.
(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. 83-893.)
(70 ILCS 285/10)
Section 105-25. Borrowing; revenue bonds. Sec. 10.
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to 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 "AN ACT to authorize
public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May
26, 1970, as now or hereafter amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is 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. 84-1308.)
(70 ILCS 285/13, in part)
Section 105-30. Board created. Sec. 13. 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. 85-791.)
(70 ILCS 285/14, in part)
Section 105-35. Board members appointed. Sec. 14. Within
60 days after July 1, 1984 (the effective date of Public Act
83-893), this Act becomes effective 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 this amendatory Act of
1987 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) the effective date of this
amendatory Act of 1987. 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. 85-791.)
(70 ILCS 285/16)
Section 105-38. Organization of the Board. Sec. 16. 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. 83-893.)
(70 ILCS 285/17, in part)
Section 105-40. Quorum; action by vote of 7 Board
members. Sec. 17. 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. 85-791.)
(70 ILCS 285/23)
Section 105-45. Contracts; bidding. Sec. 23. All
contracts for sale of property of the value of more than
$2500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2500, shall be let to
the lowest responsible bidder, after advertising for bids,
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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-893.)
Section 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.
ARTICLE 110.
ILLINOIS VALLEY CIVIC CENTER
(70 ILCS 325/6-2)
Section 110-1. Short title. Sec. 6-2. This Article shall
be known and may be cited as the Illinois Valley Civic Center
Law of 1997.
(Source: P.A. 86-907.)
(70 ILCS 325/6-3, in part)
Section 110-5. Definitions. Sec. 6-3. 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. 86-907.)
(70 ILCS 325/6-4, in part)
Section 110-10. Authority created; principal office. Sec.
6-4. 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. 86-907.)
(70 ILCS 325/6-14, in part)
Section 110-15. Board created. Sec. 6-14. 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. 86-907.)
(70 ILCS 325/6-15, in part)
Section 110-20. Board members appointed. Sec. 6-15.
Within 60 days after September 11, 1989 (the effective date
of Article 6 of Public Act 86-907) this Article becomes
effective, 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. 86-907.)
(70 ILCS 325/6-16, in part)
Section 110-25. Removal of Board members. Sec. 6-16. 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. 86-907.)
(70 ILCS 325/6-26)
Section 110-30. Report and financial statement. Sec.
6-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the County Clerk and the
Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
Valley.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 115.
JASPER COUNTY CIVIC CENTER
(70 ILCS 220/4-2)
Section 115-1. Short title. Sec. 4-2. This Article shall
be known and may be cited as the Jasper County Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/4-3, in part)
Section 115-5. Definitions. Sec. 4-3. 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. 84-245.)
(70 ILCS 220/4-4, in part)
Section 115-10. Authority created; principal office. Sec.
4-4. 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. 84-245.)
(70 ILCS 220/4-11)
Section 115-13. Borrowing; revenue bonds. Sec. 4-11.
The Authority shall have continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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.
(Source: P.A. 84-245.)
(70 ILCS 220/4-14, in part)
Section 115-15. Board created. Sec. 4-14. 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. 84-245.)
(70 ILCS 220/4-15, in part)
Section 115-20. Board members appointed. Sec. 4-15.
Within 60 days after September 3, 1985 (the effective date of
Article 4 of Public Act 84-245), this Article becomes
effective: 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. 84-245.)
(70 ILCS 220/4-16, in part)
Section 115-25. Removal of Board members. Sec. 4-16. 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. 84-245.)
(70 ILCS 220/4-25, in part)
Section 115-30. Bidders; civil action to compel
compliance. Sec. 4-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
Jasper County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 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.
ARTICLE 120.
JEFFERSON COUNTY CIVIC CENTER
(70 ILCS 280/1-2)
Section 120-1. Short title. Sec. 1-2. This Article 1
shall be known and may be cited as the Herrin and Jefferson
County Civic Center Law of 1997 Act.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3, in part)
Section 120-5. Definitions. Sec. 1-3. When used in this
Article Act:
"Authority" means the Herrin Metropolitan Exposition,
Auditorium and Office Building Authority or the Jefferson
County Metropolitan Exposition, Auditorium and Office
Building Authority, as the case may be.
"Board" means the governing and administrative body of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority or the governing and administrative body
of the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Authority, as the case may be.
"Metropolitan area" means all that territory in the State
of Illinois lying within the corporate boundaries of the City
of Herrin or of the County of Jefferson, as the case may be.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4, in part)
Section 120-10. Authority created; principal office. Sec.
1-4. There is are hereby created a 2 political subdivision
subdivisions, body politic politics and municipal corporation
corporations by the name names and style styles of the Herrin
Metropolitan Exposition, Auditorium and Office Building
Authority and the Jefferson County Metropolitan Exposition,
Auditorium and Office Building Authority in the their
respective metropolitan area areas. The principal office of
the Herrin Metropolitan Exposition, Auditorium and Office
Building Authority shall be in the City of Herrin and 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. 83-1451.)
(70 ILCS 280/1-14, in part)
Section 120-15. Board created. Sec. 1-14. 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
or the Jefferson County Metropolitan Exposition, Auditorium
and Office Building Board, as the case may be. The members of
the board shall be individuals of generally recognized
ability and integrity.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15, in part)
Section 120-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1984 (the effective date of
Article 1 of Public Act 83-911), this Act becomes effective
the Mayor of Herrin or Mount Vernon, as the case may be, with
the advice and consent of the Herrin or 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 Herrin or Mount Vernon City Council.
At the expiration of the term of any member, his successor
shall be appointed by the Mayor of Herrin or 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. 83-911.)
Section 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.
ARTICLE 125.
JO DAVIESS COUNTY CIVIC CENTER
(70 ILCS 220/6-1)
Section 125-1. Short title. Sec. 6-1. This Article shall
be known and may be cited as the Jo Daviess County Civic
Center Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/6-2, in part)
Section 125-5. Definitions. Sec. 6-2. 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. 84-245.)
(70 ILCS 220/6-3, in part)
Section 125-10. Authority created; principal office. Sec.
6-3. 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. 84-245.)
(70 ILCS 220/6-5)
Section 125-15. Rights and powers. Sec. 6-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/6-10)
Section 125-20. Borrowing; revenue bonds. Sec. 6-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any 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 and 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 Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 220/6-11)
Section 125-22. Bonds; nature of indebtedness. Sec.
6-11. Under no circumstances shall any bonds issued by the
Authority under Section 125-20 6-10 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. 84-245.)
(70 ILCS 220/6-13)
Section 125-25. Bonds other than revenue bonds; election.
Sec. 6-13. No bonds, other than revenue bonds issued pursuant
to Section 125-20 10, shall be issued by the Authority until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Jo Daviess
County Civic Center Authority" YES
to the amount of.... Dollars -------------------------
($ ) be issued for the purpose NO
of....?
-------------------------------------------------------------
(Source: P.A. 84-245.)
(70 ILCS 220/6-14) (from Ch. 85, par. 5014)
Section 125-30. Tax. Sec. 6-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 125-25 6-13 of this Article, 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. 84-245.)
(70 ILCS 220/6-15, in part)
Section 125-35. Board created. Sec. 6-15. 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. 84-245.)
(70 ILCS 220/6-16, in part)
Section 125-40. Board members appointed. Sec. 6-16.
Within 60 days after September 3, 1985 (the effective date of
Article 6 of Public Act 84-245), this Article becomes
effective the Jo Daviess County Board shall appoint 9 members
of the Jo Daviess County Civic Center Board 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 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. 84-245.)
(70 ILCS 220/6-28)
Section 125-45. Report and financial statement. Sec.
6-28. 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. 84-245.)
Section 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.
ARTICLE 130.
KATHERINE DUNHAM METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 220/9-2)
Section 130-1. Short title. Sec. 9-2. This Article shall
be known and may be cited as the Katherine Dunham
Metropolitan Exposition and Auditorium Authority Law of 1997
Act.
(Source: P.A. 84-245.)
(70 ILCS 220/9-3, in part)
Section 130-5. Definitions. Sec. 9-3. 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. 84-245.)
(70 ILCS 220/9-4, in part)
Section 130-10. Authority created; principal office. Sec.
9-4. 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. 84-245.)
(70 ILCS 220/9-14, in part)
Section 130-15. Board created. Sec. 9-14. 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. 84-245.)
(70 ILCS 220/9-15, in part)
Section 130-20. Board members appointed. Sec. 9-15.
Within 60 days after September 3, 1985 (the effective date of
Article 9 of Public Act 84-245), this Act becomes effective
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. 84-245.)
(70 ILCS 220/9-25, in part)
Section 130-25. Bidders; civil action to compel
compliance. Sec. 9-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court 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. 84-245.)
Section 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.
ARTICLE 135.
LAKE COUNTY METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 290/2)
Section 135-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the Lake County and Will
County Metropolitan Exposition and Auditorium Authority Law
of 1997 Act.
(Source: P.A. 86-1414.)
(70 ILCS 290/3, in part)
Section 135-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Lake County Metropolitan Exposition
and Auditorium Authority or the Will County Metropolitan
Exposition and Auditorium Authority, as the case may be.
"Board" means the governing and administrative body of
the Lake County Metropolitan Exposition and Auditorium
Authority or the governing and administrative body of the
Will County Metropolitan Exposition and Auditorium Authority,
as the case may be.
"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 Lake, except that area within the City of Waukegan,
or of the County of Will, as the case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/4, in part)
Section 135-10. Authority created; principal office. Sec.
4. There is hereby created a unit 2 units of local government
known as the Lake County Metropolitan Exposition and
Auditorium Authority and the Will County Metropolitan
Exposition and Auditorium Authority in the their respective
metropolitan area areas.
The principal office of the Authority shall be in the
County of Lake or the County of Will, as the case may be.
(Source: P.A. 86-1441.)
(70 ILCS 290/5)
Section 135-15. Duties. Sec. 5. 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. 80-909.)
(70 ILCS 290/6)
Section 135-20. Rights and powers. Sec. 6. The Authority
shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and expositions
grounds, convention or exhibition centers, civic auditoriums,
including sites and parking areas and facilities therefor
located within the metropolitan area and office buildings, if
such buildings are acquired as part of the main auditorium
complex;
(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 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 Article VII of the Code
of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers 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 any manner with the
objects and purposes of this Article Act.
(Source: P.A. 82-783.)
(70 ILCS 290/9)
Section 135-25. Federal money. Sec. 9. The Authority
shall have the power to apply for and accept grants, loans or
appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority and to enter into any agreement with the
federal government in relation to such grants, loans or
appropriations.
(Source: P.A. 80-909.)
(70 ILCS 290/11)
Section 135-30. Borrowing; revenue bonds. Sec. 11. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum
payable semi-annually, may be in such form, may carry such
registration privileges, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to
compel the performance and observance by the Authority or any
of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the
money received from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% annually computed to absolute
maturity of said bonds according to standard tables of bond
values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertaking of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or
for admissions to its events, or from other revenue, if any,
the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be had by mandamus
proceedings in 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/12)
Section 135-35. Bonds; nature of indebtedness. Sec. 12.
Under no circumstances shall any bonds issued by the
Authority under Section 135-30 11 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 80-909.)
(70 ILCS 290/14)
Section 135-40. General obligation bonds. Sec. 14. The
Authority may borrow money for the purpose of carrying out
its duties and exercising its powers under this Article Act,
and issue its general obligation bonds as evidence of the
indebtedness incurred. In addition to other purposes, such
bonds may be issued for the purpose of refunding outstanding
general obligation or revenue bonds of the Authority. Such
general obligation bonds shall be in the form, shall mature
at the time (no later than 40 years from the date of
issuance), shall bear interest at the rates (not to exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% per annum), shall be executed by the
officers and shall be sold in the manner 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/15)
Section 135-45. G.O. bonds; election. Sec. 15. General
obligation bonds of the Authority, shall not be issued until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area
voting upon the proposition at an election in accordance with
the general election law. Any such proposition shall be in
substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Lake County
(or Will County, as the case may be) YES
Metropolitan Exposition and Auditorium Authority" -------
in the amount of ....... Dollars ($ ) be issued NO
for the purpose of ?
-------------------------------------------------------------
(Source: P.A. 86-1414.)
(70 ILCS 290/16)
Section 135-50. Conduct of election; canvass of returns.
Sec. 16. Any referendum required under Sections 135-40 and
135-45 14 or 15 of this Act shall be certified by the Board
to the proper election officials, who shall conduct the
referendum in accordance with the general election law. The
returns shall be filed with the secretary of the Board and
shall be canvassed and the results ascertained by the Board
and entered upon the records of the Authority.
(Source: P.A. 81-1489.)
(70 ILCS 290/17, in part)
Section 135-55. Board created. Sec. 17. The governing and
administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Lake County
Metropolitan Exposition and Auditorium Authority Board or the
Will County Exposition and Auditorium Authority Board, as the
case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/18, in part)
Section 135-60. Board members appointed. Sec. 18. Within
60 days after September 22, 1977 (the effective date of
Public Act 80-909) of the effective date of this Act, the
Governor, with the advice and consent of the Senate, shall
appoint 3 members to the each 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 Waukegan, or
Joliet, as the case may be, with the advice and consent of
the respective 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, the Mayor, or the
chairman of the county board, as the case may be, shall
certify the appointees to the Secretary of State.
On September 11, 1990 (the effective date of Article 4 of
Public Act 86-1414) Upon the effective date of this
amendatory Act of 1990, the terms of all members of the Lake
County Metropolitan Exposition and Auditorium Authority Board
that were appointed by the Mayor of Waukegan shall end, and
the vacancies of those members shall thereafter be filled by
appointment by the chairman of the county board of Lake
County, with the advice and consent of the county board of
Lake County. Upon and after September 11, 1990 the effective
date of this amendatory Act of 1990, all members, by whomever
appointed, of the Lake County Metropolitan Exposition and
Auditorium Authority Board shall be residents of Lake County
outside the City of Waukegan.
(Source: P.A. 86-1414.)
(70 ILCS 290/19)
Section 135-65. Organization of Board. Sec. 19. 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. 80-909.)
(70 ILCS 290/20)
Section 135-70. Meetings; approval of ordinances and
resolutions by chairman; public records. Sec. 20. 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 82-349.)
(70 ILCS 290/22)
Section 135-75. Funds; compliance with Public Funds
Investment Act. Sec. 22. All funds deposited by the treasurer
in any bank or savings and loan association shall be placed
in the name of the Authority and shall be withdrawn or paid
out only by check or draft upon the bank or savings and loan
association, signed by the chairman, vice-chairman, secretary
or treasurer and countersigned by one of the same officers,
but no one officer shall both sign and countersign a check or
draft. The Board may designate any of its members or any
officer or employee of the Authority to affix the signature
of the chairman and another to affix the signature of the
treasurer to any check or draft for payment of salaries or
wages and for payment of any other obligation of not more
than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 290/26)
Section 135-80. Contracts; bidding. Sec. 26. All
contracts for the sale of property of the value of more than
$2500 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 $2500, 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 $2500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure 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 on
July 13, 1982 (the effective date of Public Act 82-786) the
effective date of this Amendatory Act. 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 $2500 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. 82-786.)
(70 ILCS 290/28)
Section 135-85. Report and financial statement. Sec. 28.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 80-909.)
Section 135-90. 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.
ARTICLE 140.
LEYDEN TOWNSHIP
SPACE NEEDS AUTHORITY
(70 ILCS 300/1)
Section 140-1. Sec. 1. Short title. This Article Act may
be cited as the Leyden Township Space Needs Law of 1997.
(Source: P.A. 87-716.)
(70 ILCS 300/5)
Section 140-5. Sec. 5. Purpose. The purpose of this
Article Act is to provide a mechanism for the efficient
planning, construction and utilization of facilities in
Leyden Township.
(Source: P.A. 87-716.)
(70 ILCS 300/10, in part)
Section 140-10. Sec. 10. Definitions. In this Article
Act:
"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. 87-716.)
(70 ILCS 300/15, in part)
Section 140-15. Sec. 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. 87-716.)
(70 ILCS 300/20)
Section 140-20. Sec. 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. 87-716.)
(70 ILCS 300/25)
Section 140-25. Sec. 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 Act.
(Source: P.A. 87-716.)
(70 ILCS 300/35)
Section 140-30. Sec. 35. 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. 87-716.)
(70 ILCS 300/50, in part)
Section 140-35. Sec. 50. 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. 87-716; 87-1181.)
(70 ILCS 300/55, in part)
Section 140-40. Sec. 55. Members of the Board. Within
60 days after January 1, 1992 (the effective date of Public
Act 87-716) this Act becomes effective, 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. 87-716.)
(70 ILCS 300/60, in part)
Section 140-45. Removal of Board members. Sec. 60.
Vacancy in office. 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. 87-716.)
(70 ILCS 300/100)
Section 140-50. Sec. 100. Contracts.
(a) All contracts for the sale of property of a value of
more than $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense will exceed $2,500, 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 $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure 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 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. 87-716.)
Section 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.
ARTICLE 145.
MARENGO CIVIC CENTER
(70 ILCS 305/1-2)
Section 145-1. Short title. Sec. 1-2. This Article shall
be known and may be cited as the Marengo Civic Center Law of
1997.
(Source: P.A. 85-793.)
(70 ILCS 305/1-3, in part)
Section 145-5. Definitions. Sec. 1-3. 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. 85-793.)
(70 ILCS 305/1-4, in part)
Section 145-10. Authority created; principal office. Sec.
1-4. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
the Marengo Civic Center Authority in the metropolitan area.
The principal office of the Authority shall be in the
Marengo Park District.
(Source: P.A. 85-793.)
(70 ILCS 305/1-14, in part)
Section 145-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Marengo
Civic Center Authority Board. The members of the Board shall
be individuals of generally recognized ability and integrity.
(Source: P.A. 85-793.)
(70 ILCS 305/1-15, in part)
Section 145-20. Board members appointed. Sec. 1-15.
Within 60 days after January 1, 1988 (the effective date of
Article I of Public Act 85-793) this Article becomes
effective, 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. 85-793.)
(70 ILCS 305/1-16, in part)
Section 145-25. Removal of Board members. Sec. 1-16. 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. 85-793.)
(70 ILCS 305/1-25, in part)
Section 145-30. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
McHenry County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 85-793.)
Section 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.
ARTICLE 150.
MASON COUNTY CIVIC CENTER
(70 ILCS 220/3-2)
Section 150-1. Short title. Sec. 3-2. This Article shall
be known and may be cited as the Mason County Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/3-3, in part)
Section 150-5. Definitions. Sec. 3-3. 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. 84-245.)
(70 ILCS 220/3-4, in part)
Section 150-10. Authority created; principal office. Sec.
3-4. 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. 84-245.)
(70 ILCS 220/3-14, in part)
Section 150-15. Board created. Sec. 3-14. 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. 84-245.)
(70 ILCS 220/3-15, in part)
Section 150-20. Board members appointed. Sec. 3-15.
Within 60 days after September 3, 1985 (the effective date of
Article 3 of Public Act 84-245), this Article becomes
effective: 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. 84-245.)
(70 ILCS 220/3-16, in part)
Section 150-25. Removal of Board members. Sec. 3-16. 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. 84-245.)
(70 ILCS 220/3-25, in part)
Section 150-30. Bidders; civil action to compel
compliance. Sec. 3-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
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. 84-245.)
Section 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.
ARTICLE 155.
MATTESON CIVIC CENTER
(70 ILCS 325/4-1)
Section 155-1. Sec. 4-1. Short title. This Article may
be cited as the Matteson Civic Center Law of 1997 Act.
(Source: P.A. 86-907.)
(70 ILCS 325/4-2, in part)
Section 155-5. Sec. 4-2. 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. 86-907.)
(70 ILCS 325/4-3, in part)
Section 155-10. Sec. 4-3. 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. 86-907.)
(70 ILCS 325/4-5)
Section 155-15. Sec. 4-5. 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 Article VII
of the Code of Civil Procedure, as now or hereafter amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums, and 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. 86-907.)
(70 ILCS 325/4-8)
Section 155-18. Sec. 4-8. 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) and 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. 86-907.)
(70 ILCS 325/4-10)
Section 155-20. Sec. 4-10. 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. 86-907.)
(70 ILCS 325/4-12)
Section 155-25. Sec. 4-12. 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is 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 and 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. 86-907.)
(70 ILCS 325/4-13)
Section 155-30. Sec. 4-13. Bonds; nature of indebtedness.
Under no circumstances shall any bonds issued by the
Authority under Section 155-25 12 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. 86-907.)
(70 ILCS 325/4-14)
Sec. 155-32. Sec. 4-14. Investments in bonds under
Article. 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. 86-907.)
(70 ILCS 325/4-15)
Section 155-35. Sec. 4-15. Elections; general obligation
bonds; form of ballot. No bonds other than revenue bonds
issued pursuant to Section 155-25 12, 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. 86-907.)
(70 ILCS 325/4-16)
Section 155-40. Sec. 4-16. 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 15 of this Article, 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. 86-907.)
(70 ILCS 325/4-17, in part)
Section 155-45. Sec. 4-17. Board created; Compensation;
Conflicts of interest. 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. 86-907.)
(70 ILCS 325/4-18)
Section 155-50. Sec. 4-18. 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. 86-907.)
(70 ILCS 325/4-26)
Section 155-55. Sec. 4-26. Contracts, concessions or
leases; Bidding. All contracts for sale of property of the
value of more than $2,500, or for a concession in or lease of
property, including air rights, of the Authority for a term
of more than one year, shall be awarded to the highest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids, 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 $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 86-907.)
(70 ILCS 325/4-28)
Section 155-60. Sec. 4-28. 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. 86-907.)
Section 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.
ARTICLE 160.
MAYWOOD CIVIC CENTER
(70 ILCS 310/5-2)
Section 160-1. Short title. Sec. 5-2. This Article may be
cited as the Maywood Civic Center Law of 1997.
(Source: P.A. 86-888.)
(70 ILCS 310/5-3, in part)
Section 160-5. Definitions. Sec. 5-3. 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. 86-888.)
(70 ILCS 310/5-4, in part)
Section 160-10. Authority created; principal office. Sec.
5-4. 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. 86-888.)
(70 ILCS 310/5-11)
Section 160-15. Borrowing; revenue bonds. Sec. 5-11. 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 or any contract
or covenant made by the Authority with the holders of such
bonds or interest coupons, and to compel the Authority and
any of its officers, agents or employees to perform any
duties required to be performed for the benefit of the
holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code, 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. 86-888; 86-1028.)
(70 ILCS 310/5-14, in part)
Section 160-20. Board created. Sec. 5-14. 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. 86-888.)
(70 ILCS 310/5-15, in part)
Section 160-25. Board members appointed. Sec. 5-15.
Within 60 days after January 1, 1990 (the effective date of
Article 5 of Public Act 86-888) this Article becomes
effective, 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. 86-888.)
(70 ILCS 310/5-25, in part)
Section 160-30. Bidders; civil action to compel
compliance. Sec. 5-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of 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. 86-888.)
Section 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.
ARTICLE 165.
MELROSE PARK CIVIC CENTER
(70 ILCS 245/2-2)
Section 165-1. Short title. Sec. 2-2. This Article Act
may be cited as the Melrose Park Civic Center Law of 1997.
(Source: P.A. 86-8.)
(70 ILCS 245/2-3, in part)
Section 165-5. Definitions. Sec. 2-3. When used in this
Article Act:
"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. 86-8.)
(70 ILCS 245/2-4, in part)
Section 165-10. Authority created; principal office. Sec.
2-4. 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. 86-8.)
(70 ILCS 245/2-14, in part)
Section 165-15. Board created. Sec. 2-14. 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. 86-8.)
(70 ILCS 245/2-15, in part)
Section 165-20. Board members appointed. Sec. 2-15.
Within 60 days after January 1, 1990 (the effective date of
Article II of Public Act 86-8) this Act becomes effective,
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. 86-8.)
(70 ILCS 245/2-16, in part)
Section 165-25. Removal of Board members. Sec. 2-16. 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. 86-8.)
(70 ILCS 245/2-25, in part)
Section 165-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of Cook
County in which the metropolitan area is located to compel
compliance with the provisions of this Article Act relating
to the awarding of contracts by the Board.
(Source: P.A. 86-8.)
Section 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.
ARTICLE 170.
METROPOLITAN CIVIC CENTER
(70 ILCS 205/1)
Section 170-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Metropolitan Civic
Center Law of 1997 Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/2, in part)
Section 170-5. Definitions. Sec. 2. When used in this
Article Act:
"Authority" means any Metropolitan Exposition, Auditorium
and Office Building Authority, as provided in this Article
Act.
"Board" means the governing and administrative body of
any Metropolitan Exposition, Auditorium and Office Building
Authority, as provided in this Article Act.
"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 Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/3, in part)
Section 170-10. Creation of Authority; principal office.
Sec. 3. 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 Act.
The principal office of the Authority shall be at the
site of the Authority's buildings.
(Source: P.A. 85-1209.)
(70 ILCS 205/5)
Section 170-15. Rights and powers. Sec. 5. The Authority
shall have the following rights and powers duties:
(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 Act.
(Source: P.A. 76-1770.)
(70 ILCS 205/7)
Section 170-20. Acquisition of property; money from
State. Sec. 7. 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. 86-888; 86-907.)
(70 ILCS 205/13)
Section 170-25. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Metropolitan
Exposition, Auditorium and Office YES
Building Authority" to the amount -------------------------
of.... Dollars ($ ) be issued NO
for the purpose of ?
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 205/14)
Section 170-30. Tax Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 170-25 13 of this Act, the Authority
shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges 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. 81-1509.)
(70 ILCS 205/15, in part)
Section 170-35. Board created. Sec. 15. The governing and
administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the
Metropolitan Exposition Auditorium and Office Building Board.
The members of the board shall be individuals of generally
recognized ability and integrity.
(Source: P.A. 85-1209.)
(70 ILCS 205/16, in part)
Section 170-40. Board members appointed. Sec. 16. Within
60 days after a county board of a single county qualified as
an Authority under the provisions of Section 170-10 3 of this
Act 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 3 of this Act, 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. 81-1509.)
(70 ILCS 205/19)
Section 170-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 19. 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. 82-783.)
(70 ILCS 205/25)
Section 170-50. Contracts. Sec. 25. All contracts for
sale of property of the value of more than $2500 or for an
concession in or lease of property, including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2500, shall be let to the lowest responsible bidder, after
advertising for bids, 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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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' "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 $2500 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. 76-1770.)
(70 ILCS 205/26, in part)
Section 170-55. Bidders; civil action to compel
compliance. Sec. 26. 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 Act relating to the awarding of
contracts by the Board.
(Source: P.A. 79-1358.)
Section 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.
ARTICLE 175.
MILFORD CIVIC CENTER
(70 ILCS 220/7-1)
Section 175-1. Short title. Sec. 7-1. This Article shall
be known and may be cited as the Milford "Milford Civic
Center Law of 1997 Act".
(Source: P.A. 84-245.)
(70 ILCS 220/7-2, in part)
Section 175-5. Definitions. Sec. 7-2. 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. 84-245.)
(70 ILCS 220/7-3, in part)
Section 175-10. Authority created; principal office. Sec.
7-3. 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. 84-245.)
(70 ILCS 220/7-11)
Section 175-12. Bonds; nature of indebtedness. Sec.
7-11. 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. 84-245.)
(70 ILCS 220/7-12)
Section 175-13. Investment in bonds. Sec. 7-12. 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 Act, 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. 84-245.)
(70 ILCS 220/7-13, in part)
Section 175-15. Board created. Sec. 7-13. 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. 84-245.)
(70 ILCS 220/7-14, in part)
Section 175-20. Board members appointed. Sec. 7-14.
Within 60 days after September 3, 1985 (the effective date of
Article 7 of Public Act 84-245) this Act becomes effective,
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. 84-245.)
(70 ILCS 220/7-25)
Section 175-25. Report and financial statement. Sec.
7-25. 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. 84-245.)
Section 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.
ARTICLE 180.
NORMAL CIVIC CENTER
(70 ILCS 220/2-2)
Section 180-1. Short title. Sec. 2-2. This Article shall
be known and may be cited as the Normal Civic Center Law of
1997.
(Source: P.A. 84-245.)
(70 ILCS 220/2-3, in part)
Section 180-5. Definitions. Sec. 2-3. 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. 84-245.)
(70 ILCS 220/2-4, in part)
Section 180-10. Authority created; principal office. Sec.
2-4. 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. 84-245.)
(70 ILCS 220/2-14, in part)
Section 180-15. Board created. Sec. 2-14. 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. 84-245.)
(70 ILCS 220/2-15, in part)
Section 180-20. Board members appointed. Sec. 2-15.
Within 60 days after September 3, 1985 (the effective date of
Article 2 of Public Act 84-245), this Article becomes
effective: 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. 84-245.)
(70 ILCS 220/2-16, in part)
Section 180-25. Removal of Board members. Sec. 2-16. 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. 84-245.)
(70 ILCS 220/2-25, in part)
Section 180-30. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
McLean County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 84-245.)
Section 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.
ARTICLE 185.
OAK PARK CIVIC CENTER
(70 ILCS 220/10-1)
Section 185-1. Short title. Sec. 10-1. This Article
shall be known and may be cited as the Oak Park Civic Center
Law of 1997.
(Source: P.A. 84-245.)
(70 ILCS 220/10-2, in part)
Section 185-5. Definitions. Sec. 10-2. 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. 84-245.)
(70 ILCS 220/10-3, in part)
Section 185-10. Authority created; principal office.
Sec. 10-3. 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. 84-245.)
(70 ILCS 220/10-5)
Section 185-15. Rights and powers. Sec. 10-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/10-10)
Section 185-20. Borrowing; revenue bonds. Sec. 10-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, may be in
such form, may carry such registration privileges, may be
executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office,; his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring mandamus, injunction, or other civil
actions or and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any 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 and 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 Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 220/10-11)
Section 185-25. Bonds; nature of indebtedness. Sec.
10-11. Under no circumstances shall any bonds issued by the
Authority under Section 185-20 10-10 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. 84-245.)
(70 ILCS 220/10-13)
Section 185-30. Bonds other than revenue bonds; election.
Sec. 10-13. No bonds, other than revenue bonds issued
pursuant to Section 185-20 10, shall be issued by the
Authority until the proposition to issue the same has been
submitted to and approved by a majority of the voters of said
metropolitan area voting upon the proposition at a general
election in accordance with the general election law. The
Authority may by resolution order such proposition submitted
at a regular election in accordance with the general election
law, whereupon the recording officer shall certify the
resolution and the proposition to the proper election
officials for submission. Any proposition to issue bonds as
herein set forth shall be in substantially the following
form:
-------------------------------------------------------------
Shall bonds of the "Oak Park Civic
Center Authority" YES
to the amount of.... Dollars -------------------------
($ ) be issued for the purpose NO
of....?
-------------------------------------------------------------
(Source: P.A. 84-245.)
(70 ILCS 220/10-14)
Section 185-35. Tax. Sec. 10-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 185-30 10-13 of this Article,
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. 84-245.)
(70 ILCS 220/10-15, in part)
Section 185-40. Board created. Sec. 10-15. 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. 84-245.)
(70 ILCS 220/10-16, in part)
Section 185-45. Board members appointed. Sec. 10-16.
Within 60 days after September 3, 1985 (the effective date of
Article 10 of Public Act 84-245), this Article becomes
effective 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. 84-245.)
(70 ILCS 220/10-28)
Section 185-50. Report and financial statement. Sec.
10-28. 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. 84-245.)
Section 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.
ARTICLE 190. ORLAND PARK CIVIC CENTER
(70 ILCS 270/4-1)
Section 190-1. Short title. Sec. 4-1. This Article 4
shall be known and may be cited as the Orland "Orland Park
Civic Center Law of 1997 Act".
(Source: P.A. 83-1456.)
(70 ILCS 270/4-2, in part)
Section 190-5. Definitions. Sec. 4-2. 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. 83-1456.)
(70 ILCS 270/4-3, in part)
Section 190-10. Authority created; principal office.
Sec. 4-3. 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. 83-1456.)
(70 ILCS 270/4-11)
Section 190-15. Bonds; nature of indebtedness. Sec.
4-11. 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. 83-1456.)
(70 ILCS 270/4-12)
Section 190-20. Investment in bonds. Sec. 4-12. 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 Act, 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. 83-1456.)
(70 ILCS 270/4-13)
Section 190-25. Bonds other than revenue bonds. Sec.
4-13. No bonds, other than revenue bonds issued pursuant to
Section 2-51 4-10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "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. 83-1456.)
(70 ILCS 270/4-14)
Section 190-30. Tax. Sec. 4-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 190-25 4-13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value of the taxable
property in the metropolitan area, as equalized or assessed
by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-15, in part)
Section 190-35. Board created. Sec. 4-15. 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. 83-1456.)
(70 ILCS 270/4-16, in part)
Section 190-40. Board members appointed. Sec. 4-16.
Within 60 days after September 17, 1984 (the effective date
of Article 4 of Public Act 83-1456) this Act becomes
effective, 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. 83-1456.)
(70 ILCS 270/4-23)
Section 190-45. General manager; other appointments.
Sec. 4-23. 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, and 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) the effective date of this
amendatory Act of 1991 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. 87-738.)
(70 ILCS 270/4-27)
Section 190-50. Report and financial statement. Sec.
4-27. 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. 83-1456.)
Section 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.
ARTICLE 195. OTTAWA CIVIC CENTER
(70 ILCS 325/5-2)
Section 195-1. Short title. Sec. 5-2. This Article
shall be known and may be cited as the Ottawa Civic Center
Law of 1997.
(Source: P.A. 86-907.)
(70 ILCS 325/5-3, in part)
Section 195-5. Definitions. Sec. 5-3. 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. 86-907.)
(70 ILCS 325/5-4, in part)
Section 195-10. Authority created; principal office.
Sec. 5-4. 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. 86-907.)
(70 ILCS 325/5-14, in part)
Section 195-15. Board created. Sec. 5-14. 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. 86-907.)
(70 ILCS 325/5-15, in part)
Section 195-20. Board members appointed. Sec. 5-15.
Within 60 days after September 11, 1989 (the effective date
of Article 5 of Public Act 86-907) this Article becomes
effective, 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. 86-907.)
(70 ILCS 325/5-16, in part)
Section 195-25. Removal of Board members. Sec. 5-16. 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. 86-907.)
(70 ILCS 325/5-26)
Section 195-30. Report and financial statement. Sec.
5-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
Mayor of the City of Ottawa.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 200. PEKIN CIVIC CENTER
(70 ILCS 320/2-1)
Section 200-1. Short title. Sec. 2-1. This Article
shall be known and may be cited as the Pekin Civic Center
Authority Law of 1997.
(Source: P.A. 83-1528.)
(70 ILCS 320/2-2, in part)
Section 200-5. Definitions. Sec. 2-2. When used in this
Article Act:
"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. 83-1435.)
(70 ILCS 320/2-3, in part)
Section 200-10. Authority created; principal office.
Sec. 2-3. 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. 83-1435.)
(70 ILCS 320/2-5)
Section 200-15. Rights and powers. Sec. 2-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain
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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
by Article VII of the Code of Civil Procedure.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1528.)
(70 ILCS 320/2-11)
Section 200-20. Bonds; nature of indebtedness. Sec.
2-11. 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. 83-1435.)
(70 ILCS 320/2-13)
Section 200-25. Bonds other than revenue bonds;
election. Sec. 2-13. No bonds, other than revenue bonds
issued pursuant to Section 2-50 2-10, or bonds issued
pursuant to an intergovernmental agreement as contemplated by
the exception contained in Section 200-20 2-11, 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. 83-1435.)
(70 ILCS 320/2-14)
Section 200-30. Tax. Sec. 2-14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 200-25 2-13 of this Act, 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 Commerce and Community Affairs.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-15, in part)
Section 200-35. Board created. Sec. 2-15. 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. 83-1435.)
(70 ILCS 320/2-16, in part)
Section 200-40. Board members appointed. Sec. 2-16.
Within 60 days after September 16, 1984 (the effective date
of Article II of Public Act 83-1435) this Act becomes
effective, 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. 83-1435.)
(70 ILCS 320/2-19)
Section 200-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 2-19.
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. 83-1435.)
(70 ILCS 320/2-25)
Section 200-50. Contracts. Sec. 2-25. All contracts for
sale of property of the value of more than $2500 or for any
an concession in or lease of property, including air rights,
of the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, 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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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' "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 $2500 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. 83-1435.)
(70 ILCS 320/2-26, in part)
Section 200-55. Bidders; civil action to compel
compliance. Sec. 2-26. 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 Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-27)
Section 200-60. Report and financial statement. Sec.
2-27. 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. 83-1435.)
Section 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.
ARTICLE 205. PEORIA CIVIC CENTER
(70 ILCS 315/1)
Section 205-1. Sec. 1. Short title and Citation. This
Article Act shall be known and may be cited as the Peoria
Civic Center Law of 1997 Act.
(Source: P.A. 78-948.)
(70 ILCS 315/2, in part)
Section 205-5. Sec. 2. Definitions. When used in this
Article Act:
"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. 78-948.)
(70 ILCS 315/3, in part)
Section 205-10. Creation of Authority; principal office.
Sec. 3. Creation- Political Entity, etc. 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. 78-948.)
(70 ILCS 315/4)
Section 205-15. Sec. 4. 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 Article VII of the Code
of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas,
and facilities, grounds, centers 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 Act.
(Source: P.A. 82-783.)
(70 ILCS 315/5)
Section 205-20. Sec. 5. 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) useful for its
purposes, and 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 Act.
(Source: P.A. 78-948.)
(70 ILCS 315/6)
Section 205-25. Sec. 6. Grants, etc. 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 Act.
(Source: P.A. 78-948.)
(70 ILCS 315/8)
Section 205-30. Sec. 8. Levy of taxes. For all
preliminary expenses, architectural architectual,
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 9 of this Act and for all other corporate purposes set
forth in this Article Act, 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. 81-1489.)
(70 ILCS 315/9)
Section 205-35. Sec. 9. 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 Act.
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 action 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, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
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 action and 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 Act, 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 315/10)
Section 205-40. Sec. 10. Borrowing Money 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 Act, 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 Act
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
transferrable 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 9, 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 315/11)
Section 205-45. Sec. 11. Board of Commissioners. The
governing and administrative body of the Authority shall be a
Board of Commissioners consisting of 7 seven members to be
appointed by the Mayor of the City of Peoria with the advice
and consent of the City Council. Within 10 ten (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 Act.
The initial terms of such Commissioners shall be 2 two
terms for 5 five years, 2 two terms for 4 four years and one
term for each of 3 three years, 2 two 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
five 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. 78-948.)
(70 ILCS 315/12)
Section 205-50. Sec. 12. 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. 78-948.)
(70 ILCS 315/13)
Section 205-55. Sec. 13. Meetings; selection of chairman,
secretary, and treasurer Notices. The Commissioners appointed
in pursuant to of the foregoing provisions of this Article
Act 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 Act
and such other powers, but not inconsistent with this Article
Act, as may be necessary to effectuate the purposes of this
Article Act.
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 Act,
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. 78-948.)
(70 ILCS 315/14)
Section 205-60. Sec. 14. 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 Act.
All records of the Authority shall be open to public
inspection at all reasonable hours.
(Source: P.A. 78-948.)
(70 ILCS 315/15)
Section 205-65. Sec. 15. 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 Act and of all revenues
derived from the operation of any project under this Article
Act 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
ten (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 five (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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 315/16)
Section 205-70. Sec. 16. 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. 78-948.)
(70 ILCS 315/17)
Section 205-75. Sec. 17. 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 $2,500.00 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
three consecutive weeks prior to the opening of bids, in a
daily newspaper of general circulation in the county where
the Authority is located. 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 forty-eight (48) hours before
award is made. 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 Act 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 five (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. 83-343.)
(70 ILCS 315/19)
Section 205-80. Sec. 19. 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. 83-358.)
(70 ILCS 315/20)
Section 205-85. Sec. 20. 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. 78-948.)
(70 ILCS 315/21)
Section 205-90. Sec. 21. 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. 78-948.)
(70 ILCS 315/22)
Section 205-95. Sec. 22. Warrants in anticipation of
taxes; form and terms. Warrants drawn and issued under
Section 205-90 20 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 315/23)
Section 205-100. Sec. 23. Partial invalidity. The
provisions of this Article Act 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 Act shall be held to be invalid by
any court, it shall be conclusively presumed that the
remaining portions of this Article Act 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 Act to any
person or circumstances is held invalid, such invalidity
shall not effect the application thereof to other persons or
circumstances.
(Source: P.A. 78-948.)
Section 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.
ARTICLE 210. PONTIAC CIVIC CENTER
(70 ILCS 325/8-2)
Section 210-1. Short title. Sec. 8-2. This Article may
be cited as the Pontiac Civic Center Law of 1997.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/8-3, in part)
Section 210-5. Definitions. Sec. 8-3. 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. 86-907; 86-1028.)
(70 ILCS 325/8-4, in part)
Section 210-10. Authority created; principal office.
Sec. 8-4. 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. 86-907.)
(70 ILCS 325/8-14, in part)
Section 210-15. Board created. Sec. 8-14. 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. 86-907.)
(70 ILCS 325/8-15)
Section 210-20. Board members designated. Sec. 8-15.
The mayor and aldermen, 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. 86-907.)
(70 ILCS 325/8-16)
Section 210-25. Board members; terms. Sec. 8-16.
Members of the Board shall hold office until their respective
successors as mayor aldermen of the City of Pontiac have been
appointed and qualified.
(Source: P.A. 86-907.)
(70 ILCS 325/8-25, in part)
Section 210-30. Bidders; civil action to compel
compliance. Sec. 8-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Livingston Lake County in which the metropolitan area is
located to compel compliance with the provisions of this
Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 215. QUAD CITY CIVIC CENTER
(70 ILCS 320/1-1)
Section 215-1. Short title. Sec. 1-1. This Article
shall be known and may be cited as the Illinois Quad City
Civic Center Authority Law of 1997.
(Source: P.A. 83-1528.)
(70 ILCS 320/1-2, in part)
Section 215-5. Definitions. Sec. 1-2. When used in this
Article Act:
"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. 85-1002.)
(70 ILCS 320/1-3, in part)
Section 215-10. Authority created; principal office.
Sec. 1-3. 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.
The principal offices of the Authority shall be within
the metropolitan area.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-5)
Section 215-15. Rights and powers. Sec. 1-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain
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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
by Article VII of the Code of Civil Procedure.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 83-1528.)
(70 ILCS 320/1-11)
Section 215-20. Bonds; nature of indebtedness. Sec.
1-11. 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. 83-1435.)
(70 ILCS 320/1-13)
Section 215-25. Bonds other than revenue bonds;
election. Sec. 1-13. No bonds, other than revenue bonds
issued pursuant to Section 2-50 10, or bonds issued pursuant
to an intergovernmental agreement as contemplated by the
exception contained in Section 215-20 11, 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. 83-1435.)
(70 ILCS 320/1-14)
Section 215-30. Tax. Sec. 1-14. If a majority of the
voters of said Illinois metropolitan area approve the
issuance of bonds as provided in Section 215-25 13 of this
Act, 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. 83-1435.)
(70 ILCS 320/1-15, in part)
Section 215-35. Board created. Sec. 1-15. 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. 85-1002.)
(70 ILCS 320/1-16)
Section 215-40. Board members appointed; ex officio
members. Sec. 1-16. Within 60 days after September 16, 1984
(the effective date of Article I of Public Act 83-1435) this
Act becomes effective, 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 effective date of this amendatory
Act of 1987, 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. 85-1002.)
(70 ILCS 320/1-17, in part)
Section 215-45. Board members; removal; vacancy in
office. Sec. 1-17. 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. 83-1435.)
(70 ILCS 320/1-19)
Section 215-50. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 1-19.
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. 85-1002.)
(70 ILCS 320/1-25)
Section 215-55. Contracts. Sec. 1-25. All contracts for
the sale of property of the value of more than $2500 or for
any an concession in or lease of property, including air
rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2500, shall be let to
the lowest responsible bidder, after advertising for bids,
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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into 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' "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 $2500 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. 83-1435.)
(70 ILCS 320/1-26, in part)
Section 215-60. Bidders; civil action to compel
compliance. Sec. 1-26. 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 Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-1435.)
Section 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.
ARTICLE 220. QUINCY CIVIC CENTER
(70 ILCS 280/2-2)
Section 220-1. Short title. Sec. 2-2. This Article 2
shall be known and may be cited as the Quincy Civic Center
Law of 1997 Act.
(Source: P.A. 83-911.)
(70 ILCS 280/2-3, in part)
Section 220-5. Definitions. Sec. 2-3. When used in this
Article Act:
"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. 83-911.)
(70 ILCS 280/2-4, in part)
Section 220-10. Authority created; principal office.
Sec. 2-4. 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. 83-911.)
(70 ILCS 280/2-14, in part)
Section 220-15. Board created. Sec. 2-14. 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. 83-911.)
(70 ILCS 280/2-15, in part)
Section 220-20. Board members appointed. Sec. 2-15.
Within 60 days after January 1, 1984 (the effective date of
Article 2 of Public Act 83-911), this Act becomes effective
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. 83-911.)
(70 ILCS 280/2-25, in part)
Section 220-25. Bidders; civil action to compel
compliance. Sec. 2-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court in
Adams County to compel compliance with the provisions of this
Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-911.)
Section 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.
ARTICLE 225. RANDOLPH COUNTY CIVIC CENTER
(70 ILCS 325/1-2)
Section 225-1. Short title. Sec. 1-2. This Article may
be cited as the Randolph County Civic Center Law of 1997.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/1-3, in part)
Section 225-5. Definitions. Sec. 1-3. 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. 86-907; 86-1028.)
(70 ILCS 325/1-4, in part)
Section 225-10. Authority created; principal office.
Sec. 1-4. There is hereby created a political subdivision,
body politic and municipal corporation by the name and style
of the Randolph County Civic Center Authority in the
metropolitan area.
The principal office of the Authority shall be in
Randolph County.
(Source: P.A. 86-907.)
(70 ILCS 325/1-14, in part)
Section 225-15. Board created. Sec. 1-14. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the Randolph
County Civic Center Authority Board. The members of the
Board shall be individuals of generally recognized ability
and integrity.
(Source: P.A. 86-907.)
(70 ILCS 325/1-15, in part)
Section 225-20. Board members appointed. Sec. 1-15.
Within 60 days after September 11, 1989 (the effective date
of Article 1 of Public Act 86-907) this Act becomes
effective, 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. 86-907.)
(70 ILCS 325/1-16, in part)
Section 225-25. Removal of Board members. Sec. 1-16.
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. 86-907.)
(70 ILCS 325/1-25, in part)
Section 225-30. Bidders; civil action to compel
compliance. Sec. 1-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Randolph County in which the metropolitan area is located to
compel compliance with the provisions of this Article Act
relating to the awarding of contracts by the Board.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 230. RIVER FOREST CIVIC CENTER
(70 ILCS 330/2)
Section 230-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the River Forest Civic
Center Law of 1997 Act.
(Source: P.A. 83-1451.)
(70 ILCS 330/3, in part)
Section 230-5. Definitions. Sec. 3. When used in this
Article Act:
"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. 83-1451.)
(70 ILCS 330/4, in part)
Section 230-10. Authority created; principal office.
Sec. 4. 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. 83-1451.)
(70 ILCS 330/14, in part)
Section 230-15. Board created. Sec. 14. 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. 83-1451.)
(70 ILCS 330/15)
Section 230-20. Members of Board. Sec. 15. 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. 83-1451.)
(70 ILCS 330/17)
Section 230-25. Meetings; quorum; public records. Sec.
17. 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. 83-1451.)
(70 ILCS 330/24, in part)
Section 230-30. Bidders; civil action to compel
compliance. Sec. 24. 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 Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-1451.)
Section 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.
ARTICLE 235. RIVERSIDE CIVIC CENTER
(70 ILCS 325/3-2)
Section 235-1. Short title. Sec. 3-2. This Article may
be cited as the Riverside Civic Center Law of 1997.
(Source: P.A. 86-907.)
(70 ILCS 325/3-3, in part)
Section 235-5. Definitions. Sec. 3-3. 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. 86-907.)
(70 ILCS 325/3-4, in part)
Section 235-10. Authority created; principal office.
Sec. 3-4. 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. 86-907.)
(70 ILCS 325/3-14, in part)
Section 235-15. Board created. Sec. 3-14. 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. 86-907.)
(70 ILCS 325/3-15)
Section 235-20. Board members. Sec. 3-15. 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. 86-907.)
(70 ILCS 325/3-16)
Section 235-25. Board members; vacancy in office. Sec.
3-16. 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. 86-907.)
(70 ILCS 325/3-17)
Section 235-30. Organization of the Board. Sec. 3-17.
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. 86-907.)
(70 ILCS 325/3-25)
Section 235-35. Bids and advertisements. Sec. 3-25.
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 advertisement shall state the time and
place for receiving and opening of 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. 86-907.)
Section 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.
ARTICLE 240. ROCKFORD CIVIC CENTER
(70 ILCS 340/1)
Section 240-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Rockford Civic Center
Law of 1997 Act.
(Source: P.A. 76-1769.)
(70 ILCS 340/2, in part)
Section 240-5. Definitions. Sec. 2. When used in this
Article Act:
"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. 76-1769.)
(70 ILCS 340/3, in part)
Section 240-10. Authority created; principal office.
Sec. 3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
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. 76-1769.)
(70 ILCS 340/5)
Section 240-15. Rights and powers. Sec. 5. The
Authority shall have the following rights and powers duties:
(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 Act.
(Source: P.A. 83-893.)
(70 ILCS 340/9.1)
Section 240-20. State office building. The Authority
may Sec. 9.1. To 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 or the Build Illinois Purposes Fund,
created by the 84th General Assembly.
(Source: P.A. 84-109.)
(70 ILCS 340/13)
Section 240-22. Bonds other than revenue bonds. Sec. 13.
No Bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Rockford
Metropolitan Exposition, Auditorium Auditorim YES
and Office Building Authority" to -------------------
the amount of .... Dollars ($ )
be issued for the purpose of ....?
NO
-------------------------------------------------------------
(Source: P.A. 81-1489.)
(70 ILCS 340/14)
Section 240-23. Tax. Sec. 14. If a majority of the voters
of said metropolitan area approve the issuance of bonds as
provided in Section 240-22 13 of this Act, the Authority
shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds; 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. 81-1509.)
(70 ILCS 340/15, in part)
Section 240-25. Board created. Sec. 15. The governing
and administrative body of the Authority shall be a board
consisting of 9 members and shall be known as the 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. 76-1769.)
(70 ILCS 340/16, in part)
Section 240-30. Board members appointed. Sec. 16. Within
60 days after October 7, 1969 (the effective date of Public
Act 76-1769), this act becomes effective 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 five 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. 76-1769.)
(70 ILCS 340/19)
Section 240-35. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 19. 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. 82-783.)
(70 ILCS 340/21)
Section 240-37. Funds; compliance with Public Funds
Investment Act. Sec. 21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1362.)
(70 ILCS 340/23a)
Section 240-40. Security police force. Sec. 23a. 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 Firearm Training Act "An Act in relation to firearms
training for peace officers", approved August 29, 1975, as
amended, and all such Security Police Force personnel shall
also have received the training and certification required by
the Illinois "Illinois Police Training Act" as now or
hereafter amended.
(Source: P.A. 83-535.)
(70 ILCS 340/24)
Section 240-45. Ordinances and rules; fines and
penalties. Sec. 24. 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. 83-535.)
(70 ILCS 340/25)
Section 240-50. Contracts. Sec. 25. All contracts for
sale of property of the value of more than $2500 or for an
concession in or lease of property including air rights, of
the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, 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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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 six 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' "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 $2500 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. 83-893.)
(70 ILCS 340/26, in part)
Section 240-55. Bidders; civil action to compel
compliance. Sec. 26. 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 Act relating to the awarding of contracts by the
Board.
(Source: P.A. 79-1358.)
Section 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.
ARTICLE 245. SALEM CIVIC CENTER
(70 ILCS 335/2)
Section 245-1. Short title. Sec. 2. This Article may be
cited as the Salem Civic Center Law of 1997.
(Source: P.A. 86-1017.)
(70 ILCS 335/3, in part)
Section 245-5. Definitions. Sec. 3. 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. 86-1017.)
(70 ILCS 335/4, in part)
Section 245-10. Authority created; principal office.
Sec. 4. 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. 86-1017.)
(70 ILCS 335/11.5)
Section 245-12. Sec. 11.5. 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
impose a retailers' occupation tax, a service occupation
tax, and a use tax at the rate of (rate) for the sole
purpose of obtaining funds for the support, construction,
maintenance, or financing of a facility of the
Authority?"
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. 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), 2-15 through 2-70, 2a, 2b, 2c, 3
(except as to the disposition of taxes and penalties
collected and provisions related to quarter monthly
payments), 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.
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. 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), 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.
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) 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. 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. 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. 89-460, eff. 5-24-96.)
(70 ILCS 335/14, in part)
Section 245-15. Board created. Sec. 14. 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. 86-1017.)
(70 ILCS 335/15, in part)
Section 245-20. Board members appointed. Sec. 15.
Within 60 days after January 9, 1990 (the effective date of
Article 2 of Public Act 86-1017) this Article becomes
effective, 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. 86-1017.)
(70 ILCS 335/16, in part)
Section 245-25. Removal of Board members. Sec. 16. 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. 86-1017.)
(70 ILCS 335/25, in part)
Section 245-30. Bidders; civil action to compel
compliance. Sec. 25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the circuit court of
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. 86-1017.)
Section 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.
ARTICLE 250. SHELDON CIVIC CENTER
(70 ILCS 220/8-1)
Section 250-1. Short title. Sec. 8-1. This Article
shall be known and may be cited as the Sheldon "Sheldon Civic
Center Law of 1997 Act".
(Source: P.A. 84-245.)
(70 ILCS 220/8-2, in part)
Section 250-5. Definitions. Sec. 8-2. 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. 84-245.)
(70 ILCS 220/8-3, in part)
Section 250-10. Authority created; principal office.
Sec. 8-3. 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. 84-245.)
(70 ILCS 220/8-11)
Section 250-15. Bonds; nature of indebtedness. Sec.
8-11. 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. 84-245.)
(70 ILCS 220/8-12)
Section 250-20. Investment in bonds. Sec. 8-12. 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
Act, 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. 84-245.)
(70 ILCS 220/8-13, in part)
Section 250-25. Board created. Sec. 8-13. 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. 84-245.)
(70 ILCS 220/8-14, in part)
Section 250-30. Board members appointed. Sec. 8-14.
Within 60 days after September 3, 1985 (the effective date of
Article 8 of Public Act 84-245) this Act becomes effective,
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. 84-245.)
(70 ILCS 220/8-25)
Section 250-35. Report and financial statement. Sec.
8-25. 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. 84-245.)
Section 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.
ARTICLE 255. SPRINGFIELD METROPOLITAN EXPOSITION
AND AUDITORIUM AUTHORITY
(70 ILCS 345/1)
Section 255-1. Short title. Sec. 1. This Article Act
shall be known and may be cited as the Springfield
Metropolitan Exposition and Auditorium Authority Law of 1997
Act.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/2, in part)
Section 255-5. Definitions. Sec. 2. When used in this
Article Act:
"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. 78-467.)
(70 ILCS 345/3, in part)
Section 255-10. Authority created; principal office.
Sec. 3. There is hereby created a political subdivision, body
politic and municipal corporation by the name and style of
Springfield Metropolitan Exposition and Auditorium Authority
in the metropolitan area.
The principal office of the Authority shall be in the
City of Springfield.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/4)
Section 255-15. Duties. Sec. 4. 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: Laws 1965, p. 2756.)
(70 ILCS 345/5)
Section 255-20. Rights and powers. Sec. 5. 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 Article VII of the Code
of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers 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 Act.
(Source: P.A. 82-783.)
(70 ILCS 345/8)
Section 255-25. Federal money. Sec. 8. 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: Laws 1965, p. 2756.)
(70 ILCS 345/10)
Section 255-30. Borrowing; revenue bonds. Sec. 10. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the 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 any 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, and to compel the Authority and any of its
officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and
any of its officers, agents or employees from taking any
action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the 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 action or other
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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 345/11)
Section 255-35. Bonds; nature of indebtedness. Sec. 11.
Under no circumstances shall any bonds issued by the
Authority under Section 255-30 10 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 76-1564.)
(70 ILCS 345/13)
Section 255-40. Tax. Sec. 13. 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 Act.
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. 81-1509.)
(70 ILCS 345/13(a))
Section 255-45. Borrowing; general obligation and
revenue bonds; backdoor referendum. Sec. 13(a). The
Authority may borrow money for the purpose of carrying out
its duties and exercising its powers under this Article Act,
and issue its general obligation 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 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 13(b) of this Act) 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 13(b) of this Act, 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, 13(b) of this Act 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4; 87-767.)
(70 ILCS 345/13(b))
Section 255-50. G.O. bonds; election. Sec. 13(b).
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. 81-1489.)
(70 ILCS 345/13(c))
Section 255-55. Election; canvass of returns; expenses.
Sec. 13(c). Any referendum required under Section 255-45
13(a) or 255-50 13(b) of this Act 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. 81-1489.)
(70 ILCS 345/14, in part)
Section 255-60. Board created. Sec. 14. 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. 79-529.)
(70 ILCS 345/15(a))
Section 255-65. Sec. 15(a). 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 three members elected in 1974
shall serve for a term of 4 four years and their successors
to be elected in 1978 shall serve for a period of 6 six years
and until their successors are elected and qualified under
the consolidated schedule of election in 1985. The 4 four
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 six
years. The successors of the 4 four members elected in 1972
to serve for a term of 6 six years shall serve for a term of
4 four years and until their successors are elected in 1983.
Their successors shall serve for a term of 6 six years. Such
members elected after 1983 shall serve for a term of 6 six
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 two 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. 81-1490.)
(70 ILCS 345/15(b))
Section 255-70. Qualifications of Board members and
voters. Sec. 15(b). 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 Act.
(Source: P.A. 81-1490.)
(70 ILCS 345/15(c))
Section 255-75. Nomination of Board members. Sec. 15(c).
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
fifty 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 19..) to be voted for at an election to be held
on...., 19...
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 this.... day of....
19....
...................
Notary Public
(Source: P.A. 81-1490.)
(70 ILCS 345/15(d))
Section 255-80. Election of Board members. Sec. 15(d).
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. 81-1490.)
(70 ILCS 345/16)
Section 255-85. Board members; vacancy in office. Sec.
16. 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. 80-1469.)
(70 ILCS 345/17)
Section 255-90. Organization of the Board. Sec. 17. 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. 79-529.)
(70 ILCS 345/18)
Section 255-95. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 18. 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 six 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 seven 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 action
or proceedings to which the Authority is a party.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/20)
Section 255-100. Deposit of funds. Sec. 20. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 345/25, in part)
Section 255-105. Bidders; civil action to compel
compliance. Sec. 25. 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 Act relating
to the awarding of contracts by the Board.
(Source: P.A. 83-345.)
(70 ILCS 345/26)
Section 255-110. Report and financial statement. Sec.
26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 79-529.)
(70 ILCS 345/28)
Section 255-115. Disconnection of territory. Sec. 28.
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. 78-467.)
(70 ILCS 345/29)
Section 255-120. Tax status of disconnected territory.
Sec. 29. 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. 78-467.)
(70 ILCS 345/30)
Section 255-125. Reconnection of disconnected territory.
Sec. 30. 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. 78-467.)
Section 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.
ARTICLE 260. STERLING CIVIC CENTER
(70 ILCS 270/2-2)
Section 260-1. Short title. Sec. 2-2. This Article 2
shall be known and may be cited as the Sterling Civic Center
Law of 1997 Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-3, in part)
Section 260-5. Definitions. Sec. 2-3. 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. 83-1456.)
(70 ILCS 270/2-4, in part)
Section 260-10. Authority created; principal office.
Sec. 2-4. 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. 83-1456.)
(70 ILCS 270/2-16, in part)
Section 260-15. Board created. Sec. 2-16. 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. 83-1456.)
(70 ILCS 270/2-17, in part)
Section 260-20. Board members appointed. Sec. 2-17.
Within 60 days after September 17, 1984 (the effective date
of Article 2 of Public Act 83-1456), this Act becomes
effective 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. 83-1456.)
(70 ILCS 270/2-22)
Section 260-25. Deposit of funds. Sec. 2-22. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-27, in part)
Section 260-30. Bidders; civil action to compel
compliance. Sec. 2-27. 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 Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-1456.)
Section 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.
ARTICLE 265. VERMILION COUNTY CIVIC CENTER
(70 ILCS 265/1.1)
Section 265-1. Short title. Sec. 1.1. This Article may
be cited Act shall be known as the "Decatur and Vermilion
County Civic Center Law of 1997 Centers Act".
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/1)
Section 265-5. Purpose. Sec. 1. It is the purpose of
this Article Act to provide for a 2 separate Metropolitan
Exposition, Auditorium and Office Building Authority
Authorities, one in Decatur and one in Vermilion County.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/2, in part)
Section 265-10. Definitions. In this Article: Sec. 2.
"Authority" means the Decatur Metropolitan Exposition,
Auditorium and Office Building Authority. The term also
means the Vermilion County Metropolitan Exposition,
Auditorium and Office Building Authority.
"Board" means the governing and administrative body of
the Decatur Metropolitan Exposition, Auditorium and Office
Building Authority. The term also 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 City
of Decatur or the County of Vermilion, as the case may be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/3, in part)
Section 265-15. Authority created; principal office.
Sec. 3. There is hereby created a unit of local government
known as the Decatur or Vermilion County, as the case may be,
Metropolitan Exposition, Auditorium and Office Building
Authority in the metropolitan area.
The principal office of the Authority shall be in the
City of Decatur or the County of Vermilion, as the case may
be.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/5)
Section 265-20. Rights and powers. Sec. 5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair
expositions grounds, convention or exhibition centers, civic
auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located
within the metropolitan area.
(b) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended.
(e) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority.
(Source: P.A. 82-783.)
(70 ILCS 265/11)
Section 265-25. Bonds; nature of indebtedness. Sec. 11.
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. 79-794.)
(70 ILCS 265/12)
Section 265-30. Investment in bonds. Sec. 12. 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
Act, it if 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. 79-794.)
(70 ILCS 265/13)
Section 265-32. Bonds other than revenue bonds. Sec. 13.
No bonds, other than revenue bonds issued pursuant to Section
2-52 10, shall be issued by the Authority until the
proposition to issue the same has been submitted to and
approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular
election in accordance with the general election law,
whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for
submission. Any proposition to issue bonds as herein set
forth shall be in substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Decatur
(or Vermilion County, as the case YES
may be) Metropolitan Exposition,
Auditorium and Office Building -------------------------
Authority" to the amount of
........ Dollars ($ ) be NO
issued for the purpose of
..........?
-------------------------------------------------------------
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/14)
Section 265-35. Tax. Sec. 14. If a majority of the
voters of said metropolitan area approve the issuance of
bonds as provided in Section 265-32 13 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
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. 86-888; 86-907.)
(70 ILCS 265/15, in part)
Section 265-40. Board created. Sec. 15. The governing
and administrative body of the Authority shall be a board and
shall be known as the Decatur Metropolitan Exposition,
Auditorium and Office Building Board or the Vermilion County
Metropolitan Exposition, Auditorium and Office Building Board
and, as the case may be. The Decatur Metropolitan
Exposition, Auditorium and Office Building Board shall
consist of 9 members. The Vermilion County Exposition,
Auditorium and Office Building Board shall consist of 12
members. The members of the board shall be individuals of
generally recognized ability and integrity.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/16, in part)
Section 265-45. Board members appointed. Sec. 16. Within
60 days after October 1, 1975 (the effective date of Public
Act 79-794), this Act becomes effective the Mayor of Decatur,
or the Mayor of Danville, as the case may be with the advice
and consent of the Decatur or Danville city council, as the
case may be, 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 effective date of
this amendatory Act of 1989, 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 Decatur, 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. 86-888; 86-907.)
(70 ILCS 265/19, in part)
Section 265-50. Quorum; action by 7 Board members. Sec.
19. Three members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall
be by ordinance or resolution, and the affirmative vote of at
least 5 members in the case of the Decatur Metropolitan
Exposition, Auditorium and Office Building Board and at least
7 members in the case of the Vermilion County Metropolitan
Exposition, Auditorium and Office Building Board shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 86-888; 86-907.)
Section 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.
ARTICLE 270. WAUKEGAN CIVIC CENTER
(70 ILCS 325/7-2)
Section 270-1. Short title. Sec. 7-2. This Article may
be cited as the Waukegan Civic Center Law of 1997.
(Source: P.A. 85-907; 86-1028.)
(70 ILCS 325/7-3, in part)
Section 270-5. Definitions. Sec. 7-3. 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. 86-907; 86-1028.)
(70 ILCS 325/7-4, in part)
Section 270-10. Authority created; principal office.
Sec. 7-4. 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. 86-907.)
(70 ILCS 325/7-14, in part)
Section 270-15. Board created. Sec. 7-14. 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. 86-907.)
(70 ILCS 325/7-15)
Section 270-20. Board members. Sec. 7-15. The mayor and
aldermen, 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. 86-907.)
(70 ILCS 325/7-16)
Section 270-25. Board member terms. Sec. 7-16. Members
of the Board shall hold office until their respective
successors as mayor or aldermen of the City of Waukegan have
been appointed and qualified.
(Source: P.A. 86-907.)
(70 ILCS 325/7-25, in part)
Section 270-30. Bidders; civil action to compel
compliance. Sec. 7-25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of Lake
County in which the metropolitan area is located to compel
compliance with the provisions of this Article Act relating
to the awarding of contracts by the Board.
(Source: P.A. 86-907.)
Section 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.
ARTICLE 275. WEST FRANKFORT CIVIC CENTER
(70 ILCS 350/2)
Section 275-1. Short title. Sec. 2. This Article shall
be known and may be cited as the West Frankfort Civic Center
Law of 1997.
(Source: P.A. 85-14.)
(70 ILCS 350/3, in part)
Section 275-5. Definitions. Sec. 3. 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. 85-14.)
(70 ILCS 350/4, in part)
Section 275-10. Authority created; principal office.
Sec. 4. 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. 85-14.)
(70 ILCS 350/14, in part)
Section 275-15. Board created. Sec. 14. 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. 85-14.)
(70 ILCS 350/15, in part)
Section 275-20. Board members appointed. Sec. 15.
Within 60 days after July 2, 1987 (the effective date of
Article I of Public Act 85-14) this Article becomes
effective, 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. 85-14.)
(70 ILCS 350/16, in part)
Section 275-25. Removal of Board member. Sec. 16. 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. 85-14.)
(70 ILCS 350/25, in part)
Section 275-30. Bidders; civil action to compel
compliance. Sec. 25. Any bidder who has submitted a bid in
compliance with the requirements for bidding under this
Article may bring a civil action in the Circuit Court of
Franklin County to compel compliance with the provisions of
this Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 85-14.)
Section 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.
ARTICLE 280. WILL COUNTY METROPOLITAN EXPOSITION
AND AUDITORIUM AUTHORITY
(70 ILCS 290/2)
Section 280-1. Short title. Sec. 2. This Article Act
shall be known and may be cited as the Lake County and Will
County Metropolitan Exposition and Auditorium Authority Law
of 1997 Act.
(Source: P.A. 86-1414.)
(70 ILCS 290/3, in part)
Section 280-5. Definitions. Sec. 3. When used in this
Article Act:
"Authority" means the Lake County Metropolitan Exposition
and Auditorium Authority or the Will County Metropolitan
Exposition and Auditorium Authority, as the case may be.
"Board" means the governing and administrative body of
the Lake County Metropolitan Exposition and Auditorium
Authority or the governing and administrative body of the
Will County Metropolitan Exposition and Auditorium Authority,
as the case may be.
"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 Lake, except that area within the City of Waukegan,
or of the County of Will, as the case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/4, in part)
Section 280-10. Authority created; principal office.
Sec. 4. There is hereby created a unit 2 units of local
government known as the Lake County Metropolitan Exposition
and Auditorium Authority and the Will County Metropolitan
Exposition and Auditorium Authority in the their respective
metropolitan area areas.
The principal office of the Authority shall be in the
County of Lake or the County of Will, as the case may be.
(Source: P.A. 86-1441.)
(70 ILCS 290/5)
Section 280-15. Duties. Sec. 5. 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. 80-909.)
(70 ILCS 290/6)
Section 280-20. Rights and powers. Sec. 6. The
Authority shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in
any other way acquire, improve, extend, repair, reconstruct,
regulate, operate, equip and maintain fair and expositions
grounds, convention or exhibition centers, civic auditoriums,
including sites and parking areas and facilities therefor
located within the metropolitan area and office buildings, if
such buildings are acquired as part of the main auditorium
complex;
(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 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 Article VII of the Code
of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges for the use of such parking areas
and facilities, grounds, centers 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 any manner with the
objects and purposes of this Article Act.
(Source: P.A. 82-783.)
(70 ILCS 290/9)
Section 280-25. Federal money. Sec. 9. The Authority
shall have the power to apply for and accept grants, loans or
appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the Authority and to enter into any agreement with the
federal government in relation to such grants, loans or
appropriations.
(Source: P.A. 80-909.)
(70 ILCS 290/11)
Section 280-30. Borrowing; revenue bonds. Sec. 11. The
Authority shall have the continuing power to borrow money for
the purpose of carrying out and performing its duties and
exercising its rights and powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
of its interest bearing revenue bonds or its general
obligation bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of
the holders thereof. All such interest bearing revenue bonds
of the Authority shall be payable solely from such of the
revenues or income to be derived from the fairs, exhibits,
shows and events and other authorized activities operated by
it, the charges made for the use of its facilities and the
funds, if any, received and to be received by the Authority
from any other source as are pledged by the ordinance
authorizing the bonds. Such bonds may bear such date or
dates, may mature at such time or times not exceeding forty
years from their respective dates, may bear interest at such
rate or rates, not exceeding the greater of (i) the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 8% per annum
payable semi-annually, may be in such form, may carry such
registration privileges, may be payable at such place or
places, may be made subject to redemption in such manner and
upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner and may contain
such terms and covenants, all as may be provided in said
ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his signature) to hold
office, his signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds, or interest coupons appertaining thereto issued by the
Authority may bring suits at law or proceedings in equity to
compel the performance and observance by the Authority or any
of its officers, agents or employees of any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the law of the State of Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) the rate of 8% per annum, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum
shall be such that the interest cost to the Authority of the
money received from the sale of the bonds shall not exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% annually computed to absolute
maturity of said bonds according to standard tables of bond
values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority so pledged to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertaking of
the Authority in connection with the issuance thereof and the
issuance of any additional bonds payable from such revenue
income to be derived from the fairs, exhibits, shows and
events and from charges made for the use of its facilities or
for admissions to its events, or from other revenue, if any,
the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property
of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be had by mandamus
proceedings in 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/12)
Section 280-35. Bonds; nature of indebtedness; Sec. 12.
Under no circumstances shall any bonds issued by the
Authority under Section 280-30 11 of this Act be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State, nor shall any such bond be or become an indebtedness
of the Authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on
the face of each such bond that it does not constitute such
an indebtedness or obligation but is payable solely from the
revenues or income as aforesaid.
(Source: P.A. 80-909.)
(70 ILCS 290/14)
Section 280-40. General obligation bonds. Sec. 14. The
Authority may borrow money for the purpose of carrying out
its duties and exercising its powers under this Article Act,
and issue its general obligation bonds as evidence of the
indebtedness incurred. In addition to other purposes, such
bonds may be issued for the purpose of refunding outstanding
general obligation or revenue bonds of the Authority. Such
general obligation bonds shall be in the form, shall mature
at the time (no later than 40 years from the date of
issuance), shall bear interest at the rates (not to exceed
the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, or (ii) 8% per annum), shall be executed by the
officers and shall be sold in the manner 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 290/15)
Section 280-45. G.O. bonds; election. Sec. 15. General
obligation bonds of the Authority, shall not be issued until
the proposition to issue the same has been submitted to and
approved by a majority of the voters of the metropolitan area
voting upon the proposition at an election in accordance with
the general election law. Any such proposition shall be in
substantially the following form:
-------------------------------------------------------------
Shall bonds of the "Lake County
(or Will County, as the case may be) YES
Metropolitan Exposition and Auditorium Authority" -------
in the amount of ....... Dollars ($ ) be issued NO
for the purpose of ?
-------------------------------------------------------------
(Source: P.A. 86-1414.)
(70 ILCS 290/16)
Section 280-50. Conduct of election; canvass of returns.
Sec. 16. Any referendum required under Sections 280-40 and
280-45 14 or 15 of this Act shall be certified by the Board
to the proper election officials, who shall conduct the
referendum in accordance with the general election law. The
returns shall be filed with the secretary of the Board and
shall be canvassed and the results ascertained by the Board
and entered upon the records of the Authority.
(Source: P.A. 81-1489.)
(70 ILCS 290/17, in part)
Section 280-55. Board created. Sec. 17. The governing
and administrative body of the Authority shall be a board
consisting of 7 members and shall be known as the Lake County
Metropolitan Exposition and Auditorium Authority Board or the
Will County Exposition and Auditorium Authority Board, as the
case may be.
(Source: P.A. 86-1414.)
(70 ILCS 290/18, in part)
Section 280-60. Board members appointed. Sec. 18.
Within 60 days after September 22, 1977 (the effective date
of Public Act 80-909) of the effective date of this Act, the
Governor, with the advice and consent of the Senate, shall
appoint 3 members to the each 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 Waukegan, or
Joliet, as the case may be, with the advice and consent of
the respective 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, or the
chairman of the county board, as the case may be, shall
certify the appointees to the Secretary of State.
Upon the effective date of this amendatory Act of 1990,
the terms of all members of the Lake County Metropolitan
Exposition and Auditorium Authority Board that were appointed
by the Mayor of Waukegan shall end, and the vacancies of
those members shall thereafter be filled by appointment by
the chairman of the county board of Lake County, with the
advice and consent of the county board of Lake County. Upon
and after the effective date of this amendatory Act of 1990,
all members, by whomever appointed, of the Lake County
Metropolitan Exposition and Auditorium Authority Board shall
be residents of Lake County outside the City of Waukegan.
(Source: P.A. 86-1414.)
(70 ILCS 290/19)
Section 280-65. Organization of Board. Sec. 19. 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. 80-909.)
(70 ILCS 290/20)
Section 280-70. Meetings; approval of ordinances and
resolutions by chairman; public records. Sec. 20. 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 82-349.)
(70 ILCS 290/22)
Section 280-75. Funds; compliance with Public Funds
Investment Act. Sec. 22. All funds deposited by the
treasurer in any bank or savings and loan association shall
be placed in the name of the Authority and shall be withdrawn
or paid out only by check or draft upon the bank or savings
and loan association, signed by the chairman, vice-chairman,
secretary or treasurer and countersigned by one of the same
officers, but no one officer shall both sign and countersign
a check or draft. The Board may designate any of its members
or any officer or employee of the Authority to affix the
signature of the chairman and another to affix the signature
of the treasurer to any check or draft for payment of
salaries or wages and for payment of any other obligation of
not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 290/26)
Section 280-80. Contracts; bidding. Sec. 26. All
contracts for the sale of property of the value of more than
$2500 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 $2500, 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 $2500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure 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 on
July 13, 1982 (the effective date of Public Act 82-786) the
effective date of this Amendatory Act. 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 $2500 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. 82-786.)
(70 ILCS 290/28)
Section 280-85. Report and financial statement. Sec. 28.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request.
(Source: P.A. 80-909.)
Section 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.
ARTICLE 900. CODIFICATION PROVISIONS
Section 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.
Section 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.
Section 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.
Section 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 not a part of the substantive provisions of this Code;
(2) does not take precedence over the content of
the substantive provisions of this Code; and
(3) shall not be used in construing the meaning of
the substantive provisions of this Code.
ARTICLE 990. STATUTES REPEALED
Section 990-5. Repeals. The following Acts are
repealed:
(70 ILCS 205/Act rep.)
The Metropolitan Civic Center Act.
(70 ILCS 220/Act rep.)
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 225/Act rep.)
The Aurora Civic Center Act.
(70 ILCS 230/Act rep.)
The Benton Civic Center Law.
(70 ILCS 235/Act rep.)
The Bloomington Civic Center Authority Act.
(70 ILCS 240/Act rep.)
The Cave in Rock Township Civic Center Law.
(70 ILCS 245/Act rep.)
The Chicago South and Melrose Park Civic Centers Act.
(70 ILCS 250/Act rep.)
The Collinsville Civic Center Act.
(70 ILCS 255/Act rep.)
The Columbia Civic Center Law.
(70 ILCS 260/Act rep.)
The Community Building Complex Committee of Boone County
Law.
(70 ILCS 265/Act rep.)
The Decatur and Vermilion County Civic Centers Act.
(70 ILCS 270/Act rep.)
The DuPage County, Sterling, Elgin, Orland Park, Centre
East, and Schaumburg Civic Centers Act.
(70 ILCS 275/Act rep.)
The Forest Park Civic Center Law.
(70 ILCS 280/Act rep.)
The Herrin, Jefferson County, and Quincy Civic Centers
Act.
(70 ILCS 285/Act rep.)
The Illinois-Michigan Canal National Heritage Corridor
Civic Center Authority Act.
(70 ILCS 290/Act rep.)
The Lake County and Will County Metropolitan Exposition
and Auditorium Authority Act.
(70 ILCS 300/Act rep.)
The Leyden Township Space Needs Law.
(70 ILCS 305/Act rep.)
The Marengo, Crystal Lake, and Bowdre Township Civic
Centers Act.
(70 ILCS 310/Act rep.)
The Maywood Civic Center Law.
(70 ILCS 315/Act rep.)
The Peoria Civic Center Act.
(70 ILCS 320/Act rep.)
The Quad City and Pekin Civic Centers Act.
(70 ILCS 325/Act rep.)
The Randolph County, Carbondale, Riverside, Matteson,
Ottawa, Illinois Valley, Waukegan, and Pontiac Civic Centers
Act.
(70 ILCS 330/Act rep.)
The River Forest Civic Center Act.
(70 ILCS 335/Act rep.)
The Salem Civic Center Law.
(70 ILCS 340/Act rep.)
The Rockford Civic Center Act.
(70 ILCS 345/Act rep.)
The Springfield Metropolitan Exposition and Auditorium
Authority Act.
(70 ILCS 350/Act rep.)
The West Frankfort Civic Center Law.
Section 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)
ARTICLE 998. COMPARISON OF PRIOR LAW
AND STANDARD CIVIC CENTER PROVISIONS
PART 1. GENERAL PROVISIONS
Section 998-1. Explanation. Because this Act is a
codification of existing law, this Article is included only
for informational purposes to show the relationship between
provisions of prior civic center laws and the corresponding
standard civic center provisions of Article 2 that are
incorporated by reference into Articles 5 through 280. In
Parts 5 through 280 of this Article, each Part sets forth in
full only those provisions of prior civic center laws that
have been replaced by standard civic center provisions. A
provision of a prior civic center law that has not been
replaced by a standard civic center provision and that has
been retained in one of Articles 5 through 280 is not set
forth in full in this Article, but there is set forth in the
appropriate Part of this Article (i) a Section number and
caption and (ii) a reference to the Section located in one of
Articles 5 through 280 in which the nonstandard provision is
contained. In Parts 5 through 280 of this Article, in the
text of a Section, (i) matter that is stricken indicates
matter that is deleted from prior law in order to state the
corresponding standard civic center provision, (ii) matter
that is underscored indicates matter that is added to prior
law in order to state the corresponding standard civic center
provision, and (iii) the symbol "* * *" indicates matter that
has not been replaced by standard civic center provisions and
that has been retained in Articles 5 through 280. If a
Section of prior law has been replaced by 2 or more new
Sections representing standard civic center provisions, the
beginning of the second and following of those new Sections
is indicated in the text as a new paragraph beginning in the
form "Section 2-XX.". If the text of the second or following
of those new Sections appears in the middle of the text of
another of those new Sections, the point at which the text of
the other new Section resumes is indicated by a parenthetical
reference in the form "(Section 2-XX, resumed)".
This Article is repealed on the effective date of this
Act.
PART 5. ALEDO CIVIC CENTER
(70 ILCS 220/1-1) (from Ch. 85, par. 4501)
Section 2-3. Purpose. Sec. 1-1. 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. 84-245.)
(70 ILCS 220/1-2) (from Ch. 85, par. 4502)
Section 5-1. Short title. Sec. 1-2. * * * (nonstandard
provisions contained in Section 5-1) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/1-3) (from Ch. 85, par. 4503)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 5-5) *
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 5-5) *
* *
(Source: P.A. 85-1448.)
(70 ILCS 220/1-4) (from Ch. 85, par. 4504)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
(nonstandard provisions contained in Section 5-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 5-10) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/1-5) (from Ch. 85, par. 4505)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. Sec. 1-5. 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. 84-245.)
(70 ILCS 220/1-6) (from Ch. 85, par. 4506)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 84-245.)
(70 ILCS 220/1-7) (from Ch. 85, par. 4507)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/1-8) (from Ch. 85, par. 4508)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 1-8. 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) useful for its purposes, and 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. 84-245.)
(70 ILCS 220/1-9) (from Ch. 85, par. 4509)
Section 2-40. Federal money. Sec. 1-9. 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. 84-245.)
(70 ILCS 220/1-10) (from Ch. 85, par. 4510)
Section 2-45. Insurance. Sec. 1-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/1-11) (from Ch. 85, par. 4511)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 84-245.)
(70 ILCS 220/1-12) (from Ch. 85, par. 4512)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/1-13) (from Ch. 85, par. 4513)
Section 2-60. Investment in bonds. Sec. 1-13. 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. 84-245.)
(70 ILCS 220/1-14) (from Ch. 85, par. 4514)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * * (nonstandard provisions
contained in Section 5-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/1-15) (from Ch. 85, par. 4515)
Section 2-80. Board members' oath. Sec. 1-15. * * *
(nonstandard provisions contained in Section 5-20) * * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/1-16) (from Ch. 85, par. 4516)
Section 2-85. Board members; vacancy in office. Sec.
1-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 5-25) * * *
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, a member's his
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. 84-245.)
(70 ILCS 220/1-17) (from Ch. 85, par. 4517)
Section 2-90. Organization of the Board. Sec. 1-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/1-18) (from Ch. 85, par. 4518)
Section 2-95. Meetings; action by 5 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/1-19) (from Ch. 85, par. 4519)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/1-20) (from Ch. 85, par. 4520)
Section 2-105. Funds. Sec. 1-20. 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. 84-245.)
(70 ILCS 220/1-21) (from Ch. 85, par. 4521)
Section 2-110. Signatures on checks or drafts. Sec. 1-21.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/1-22) (from Ch. 85, par. 4522)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 84-245.)
(70 ILCS 220/1-23) (from Ch. 85, par. 4523)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 84-245.)
(70 ILCS 220/1-24) (from Ch. 85, par. 4524)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/1-25) (from Ch. 85, par. 4525)
Section 2-130. Bids and advertisements. Advertisements
Sec. 1-25. Advertisement 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 of 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 insure
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.
* * * (nonstandard provisions contained in Section 5-30)
* * *
(Source: P.A. 84-245.)
(70 ILCS 220/1-26) (from Ch. 85, par. 4526)
Section 2-135. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/1-27) (from Ch. 85, par. 4527)
Section 2-140. State financial support. Sec. 1-27. The
Authority Authorities created by this Article Act 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. 84-245.)
(70 ILCS 220/1-28) (from Ch. 85, par. 4528)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/1-29) (from Ch. 85, par. 4529)
Section 2-150. Tax exemption. Sec. 1-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 84-245.)
PART 10. AURORA CIVIC CENTER
(70 ILCS 225/1) (from Ch. 85, par. 1401)
Section 10-1. Short title. Sec. 1. * * * (nonstandard
provisions contained in Section 10-1) * * *
(Source: P.A. 78-927.)
(70 ILCS 225/2) (from Ch. 85, par. 1402)
Section 2-5. Definitions. Sec. 2. When used In this
Article Act: * * *(nonstandard provisions contained in
Section 10-5) * * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 10-5)
* * *
(Source: P.A. 83-1456.)
(70 ILCS 225/3) (from Ch. 85, par. 1403)
Section 2-10. Lawsuits; common seal. Sec. 3. * *
*(nonstandard provisions contained in Section 10-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 10-10) * * *
(Source: P.A. 78-927.)
(70 ILCS 225/4) (from Ch. 85, par. 1404)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 4. 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. 78-927.)
(70 ILCS 225/5) (from Ch. 85, par. 1405)
Section 10-15. Rights and powers. Sec. 5.* * *
(nonstandard provisions contained in Section 10-15) * * *
(Source: P.A. 83-1456.)
(70 ILCS 225/6) (from Ch. 85, par. 1406)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 78-927.)
(70 ILCS 225/6.1) (from Ch. 85, par. 1406.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 225/7) (from Ch. 85, par. 1407)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 7. 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, from any municipal
corporation, body politic, or agency of the State, or from
the State itself, (ii) useful for its purposes, and 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. 78-927.)
(70 ILCS 225/8) (from Ch. 85, par. 1408)
Section 2-40. Federal money. Sec. 8. 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. 78-927.)
(70 ILCS 225/9) (from Ch. 85, par. 1409)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the performance
of the duties of the his office or employment, and against or any other insurable risk.
(Source: P.A. 78-927.)
(70 ILCS 225/10)
Section 10-16. Borrowing; revenue bonds; interest
payable semi-annually; bond sale price; effect of Omnibus
Bond Acts. Sec. 10. * * * (nonstandard provisions contained
in Section 10-16) * * *
(Source: P.A. 86-4.)
(70 ILCS 225/11) (from Ch. 85, par. 1411)
Section 2-55. Bonds; nature of indebtedness. Sec. 11.
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 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
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 aforesaid.
(Source: P.A. 78-927.)
(70 ILCS 225/12) (from Ch. 85, par. 1412)
Section 2-60. Investment in bonds. Sec. 12. 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 Act, it if 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. 78-927.)
(70 ILCS 225/13) (from Ch. 85, par. 1413)
Section 10-17. Bonds other than revenue bonds. Sec. 13. *
* *(nonstandard provisions contained in Section 10-17)* * *
(Source: P.A. 81-1489.)
(70 ILCS 225/14) (from Ch. 85, par. 1414)
Section 10-18. Tax. Sec. 14. * * *(nonstandard provisions
contained in Section 10-18)* * *
(Source: P.A. 81-1509.)
(70 ILCS 225/15) (from Ch. 85, par. 1415)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 15. * * * (nonstandard provisions contained in
Section 10-20)* * * The members of the board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 78-927.)
(70 ILCS 225/16) (from Ch. 85, par. 1416)
Section 2-80. Board members' oath. Sec. 16. * *
*(nonstandard provisions contained in Section 10-25)* * *
Within 30 days after certification of his appointment, and
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. 78-927.)
(70 ILCS 225/17) (from Ch. 85, par. 1417)
Section 2-85. Board members; vacancy in office. Sec. 17.
Members of the board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 78-927.)
(70 ILCS 225/18) (from Ch. 85, par. 1418)
Section 2-90. Organization of the Board. Sec. 18. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 78-927.)
(70 ILCS 225/19) (from Ch. 85, par. 1419)
Section 2-97. Board meetings; public records. Sec. 19.
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. * * *(nonstandard provisions contained
in Section 10-30)* * *
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. 78-927.)
(70 ILCS 225/20) (from Ch. 85, par. 1420)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 225/21) (from Ch. 85, par. 1421)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 225/22) (from Ch. 85, par. 1422)
Section 2-110. Signatures on checks or drafts. Sec. 22.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 78-927.)
(70 ILCS 225/23) (from Ch. 85, par. 1423)
Section 2-115. General manager; other appointments. Sec.
23. 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 It 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. 81-257.)
(70 ILCS 225/24) (from Ch. 85, par. 1424)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 78-927.)
(70 ILCS 225/25) (from Ch. 85, par. 1425)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 25. All contracts for
sale of property of the value of more than $2500, or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except:
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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
* * * (nonstandard provisions contained in Section 10-35)
* * *
In determining the responsibility of any bidder, the
Board may take into 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 contract 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. 82-786.)
(70 ILCS 225/26) (from Ch. 85, par. 1426)
Section 2-130. Bids and advertisements. Sec. 26.
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 of 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 insure
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. 78-927.)
(70 ILCS 225/26a) (from Ch. 85, par. 1426a)
Section 2-150. Tax exemption. Sec. 26a. Exemption from
taxation. All property of the Aurora Civic Center Authority
shall be exempt from taxation by the State or any taxing unit
therein.
(Source: P.A. 83-893.)
(70 ILCS 225/26b) (from Ch. 85, par. 1426b)
Section 2-145. Antitrust laws. Sec. 26b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 225/26c) (from Ch. 85, par. 1426c)
Section 2-140. State financial support. Sec. 26c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 225/27) (from Ch. 85, par. 1427)
Section 2-135. Report and financial statement. Sec. 27.
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 as provided in Sec 16.
(Source: P.A. 78-927.)
(70 ILCS 225/28) (from Ch. 85, par. 1428)
Section 2-155. Partial invalidity. Sec. 28. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article Act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act 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. 78-927.)
PART 15. BENTON CIVIC CENTER
(70 ILCS 230/1-1) (from Ch. 85, par. 6601)
Section 2-3. Purpose. Sec. 1-1. 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. 85-1314.)
(70 ILCS 230/1-2) (from Ch. 85, par. 6602)
Section 15-1. Short title. Sec. 1-2. * * * (nonstandard
provisions contained in Section 15-1) * * *
(Source: P.A. 85-1314.)
(70 ILCS 230/1-3) (from Ch. 85, par. 6603)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 15-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 15-5)
* * *
(Source: P.A. 85-1314.)
(70 ILCS 230/1-4) (from Ch. 85, par. 6604)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
(nonstandard provisions contained in Section 15-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 15-10) * * *
(Source: P.A. 85-1314.)
(70 ILCS 230/1-5) (from Ch. 85, par. 6605)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 1-5. 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. 85-1314.)
(70 ILCS 230/1-6) (from Ch. 85, par. 6606)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-7) (from Ch. 85, par. 6607)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-8) (from Ch. 85, par. 6608)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-8. 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) useful for its purposes, and 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. 85-1314.)
(70 ILCS 230/1-9) (from Ch. 85, par. 6609)
Section 2-40. Federal money. Sec. 1-9. 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. 85-1314.)
(70 ILCS 230/1-10) (from Ch. 85, par. 6610)
Section 2-45. Insurance. Sec. 1-10. 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 his or her office or
employment, and against or any other insurable risk.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-11) (from Ch. 85, par. 6611)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. 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 "An
Act to authorize public corporations to issue bonds, other
evidences or indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended, 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 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 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority or 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 fact
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. 85-1314.)
(70 ILCS 230/1-12) (from Ch. 85, par. 6612)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 aforesaid.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-13) (from Ch. 85, par. 6613)
Section 2-60. Investment in bonds. Sec. 1-13. 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. 85-1314.)
(70 ILCS 230/1-14) (from Ch. 85, par. 6614)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * * (nonstandard provisions
contained in Section 15-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-15) (from Ch. 85, par. 6615)
Section 2-80. Board members' oath. Sec. 1-15. * * *
(nonstandard provisions contained in Section 15-20) * * *
Within 30 days after certification of his or her appointment,
and before entering upon the duties of his or her 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. 85-1314.)
(70 ILCS 230/1-16) (from Ch. 85, par. 6616)
Section 2-85. Board members; vacancy in office. Sec.
1-16. 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 to take
effect when the member's his or her successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 15-25) * * *
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. 85-1314.)
(70 ILCS 230/1-17) (from Ch. 85, par. 6617)
Section 2-90. Organization of the Board. Sec. 1-17. As
soon as practicably possible after the appointment of the
initial members, the Board shall organize for the transaction
of business, select a chairman chairperson and a temporary
secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman
chairperson and his or her successors shall be elected by the
Board from time to time for the term of the chairman's his or
her office as a member of the Board or for the term of 3
years, whichever is shorter.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-18) (from Ch. 85, par. 6618)
Section 2-95. Meetings; action by 5 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-1314.)
(70 ILCS 230/1-19) (from Ch. 85, par. 6619)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer
in a 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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-20) (from Ch. 85, par. 6620)
Section 2-105. Funds. Sec. 1-20. 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 chairperson 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 chairperson 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. 85-1314.)
(70 ILCS 230/1-21) (from Ch. 85, par. 6621)
Section 2-110. Signatures on checks or drafts. Sec.
1-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his or her signature) to hold office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his or her
signature, nevertheless, shall be valid and sufficient for
all purposes with the same effect as if the officer he or she
had remained in office until delivery.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-22) (from Ch. 85, par. 6622)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 85-1314.)
(70 ILCS 230/1-23) (from Ch. 85, par. 6623)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 85-1314.)
(70 ILCS 230/1-24) (from Ch. 85, par. 6624)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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, 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. 85-1314.)
(70 ILCS 230/1-25) (from Ch. 85, par. 6625)
Section 2-130. Bids and advertisements. Sec. 1-25.
Method of conducting bidding. 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 of 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 insure 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.
* * * (nonstandard provisions contained in Section 15-30)
* * *
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 230/1-26) (from Ch. 85, par. 6626)
Section 2-135. Report and financial statement. Sec.
1-26. * * * (nonstandard provisions contained in Section
15-35) * * *
(Source: P.A. 85-1314.)
(70 ILCS 230/1-27) (from Ch. 85, par. 6627)
Section 2-140. State financial support. Sec. 1-27. 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.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-28) (from Ch. 85, par. 6628)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, and
the General Assembly intends that the "State action
exemption" to the application of the federal antitrust
anti-trust 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. 85-1314.)
(70 ILCS 230/1-29) (from Ch. 85, par. 6629)
Section 2-150. Tax exemption. Sec. 1-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 85-1314.)
(70 ILCS 230/1-30) (from Ch. 85, par. 6630)
Section 2-30. Prompt payment. Sec. 1-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 85-1314.)
PART 20. BLOOMINGTON CIVIC CENTER
(70 ILCS 235/1) (from Ch. 85, par. 1581-1)
Section 2-3. Purpose. Sec. 1. The purpose of this
Article Act 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. 80-1440.)
(70 ILCS 235/2) (from Ch. 85, par. 1581-2)
Section 20-1. Short title. Sec. 2. * * * (nonstandard
provisions contained in Section 20-1) * * *
(Source: P.A. 80-1440.)
(70 ILCS 235/3) (from Ch. 85, par. 1581-3)
Section 2-5. Definitions. Sec. 3. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 20-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 20-5)
* * *
(Source: P.A. 80-1440.)
(70 ILCS 235/4) (from Ch. 85, par. 1581-4)
Section 2-10. Lawsuits; common seal. Sec. 4. * * *
(nonstandard provisions contained in Section 20-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 20-10) * * *
(Source: P.A. 80-1440.)
(70 ILCS 235/5) (from Ch. 85, par. 1581-5)
Section 20-14. Duties. Sec. 5. * * *(nonstandard
provisions contained in Section 20-14)* * *
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/6) (from Ch. 85, par. 1581-6)
Section 20-15. Rights and powers; including eminent
domain. Sec. 6. * * * (nonstandard provisions contained in
Section 20-15) * * *
(Source: P.A. 82-783.)
(70 ILCS 235/7) (from Ch. 85, par. 1581-7)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 80-1440.)
(70 ILCS 235/7.1) (from Ch. 85, par. 1581-7.1)
Section 2-30. Prompt payment. Sec. 7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 235/8) (from Ch. 85, par. 1581-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 8. 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, useful for its purposes, and (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. 80-1440.)
(70 ILCS 235/9) (from Ch. 85, par. 1581-9)
Section 20-20. Federal money. Sec. 9. * * *
(nonstandard provisions contained in Section 20-20) * * *
(Source: P.A. 80-1440.)
(70 ILCS 235/10) (from Ch. 85, par. 1581-10)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 80-1440.)
(70 ILCS 235/11) (from Ch. 85, par. 1581-11)
Section 20-25. Borrowing; revenue bonds. Sec. 11. * * *
(nonstandard provisions contained in Section 20-25) * * *
(Source: P.A. 86-4)
(70 ILCS 235/12) (from Ch. 85, par. 1581-12)
Section 20-27. Bonds; nature of indebtedness. Sec. 12. *
* *(nonstandard provisions contained in Section 20-27)* * *
(Source: P.A. 80-1440.)
(70 ILCS 235/13) (from Ch. 85, par. 1581-13)
Section 2-60. Investment in bonds. Sec. 13. 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 Act, 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 purchase or investment.
(Source: P.A. 80-1440.)
(70 ILCS 235/14) (from Ch. 85, par. 1581-14)
Section 20-30. General obligation bonds; conditions.
Sec. 14. * * *(nonstandard provisions contained in Section
20-30)* * *
(Source: P.A. 89-626, eff. 8-9-96.)
(70 ILCS 235/15) (from Ch. 85, par. 1581-15)
Section 20-35. G.O. bonds; election. Sec. 15. * *
*(nonstandard provisions contained in Section 20-35)* * *
(Source: P.A. 81-1489.)
(70 ILCS 235/16) (from Ch. 85, par. 1581-16)
Section 20-40. G.O. bonds; canvass of election returns.
Sec. 16. * * *(nonstandard provisions contained in Section
20-40)* * *
(Source: P.A. 81-1489.)
(70 ILCS 235/17) (from Ch. 85, par. 1581-17)
Section 20-45. Tax. Sec. 17. * * *(nonstandard
provisions contained in Section 20-45)* * *
(Source: P.A. 80-1440.)
(70 ILCS 235/18) (from Ch. 85, par. 1581-18)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 18. * * * (nonstandard provisions contained in
Section 20-50) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 80-1440.)
(70 ILCS 235/19) (from Ch. 85, par. 1581-19)
Section 2-80. Board members' oath. Sec. 19. * * *
(nonstandard provisions contained in Section 20-55) * * *
Within 30 days after certification of his appointment, and
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. 80-1440.)
(70 ILCS 235/20) (from Ch. 85, par. 1581-20)
Section 2-85. Board members; vacancy in office. Sec. 20.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 80-1440.)
(70 ILCS 235/21) (from Ch. 85, par. 1581-21)
Section 20-58. Organization of the Board. Sec. 21. * *
*(nonstandard provisions contained in Section 20-58)* * *
(Source: P.A. 80-1440.)
(70 ILCS 235/22) (from Ch. 85, par. 1581-22)
Section 2-97. Board meetings; public records. Sec. 22.
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. * * * (nonstandard provisions
contained in Section 20-60) * * *
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 action
or proceedings to which the Authority is a party.
(Source: P.A. 80-1440.)
(70 ILCS 235/23) (from Ch. 85, par. 1581-23)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 23. 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 its 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 him 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 depositary for those these funds. The oaths
of office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 235/24) (from Ch. 85, par. 1581-24)
Section 20-62. Funds; compliance with Public Funds
Investment Act. Sec. 24. * * *(nonstandard provisions
contained in Section 20-62)* * *
(Source: P.A. 83-541.)
(70 ILCS 235/25) (from Ch. 85, par. 1581-25)
Section 2-110. Signatures on checks or drafts. Sec. 25.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 80-1440.)
(70 ILCS 235/26) (from Ch. 85, par. 1581-26)
Section 2-115. General manager; other appointments. Sec.
26. The Board may appoint a general manager who shall be a
person an individual 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 It 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. 80-1440.)
(70 ILCS 235/27) (from Ch. 85, par. 1581-27)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 27. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 80-1440.)
(70 ILCS 235/28) (from Ch. 85, par. 1581-28)
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote. Sec. 28. All contracts
for the sale of property of the value of more than $2,500 or
for any concession in or lease of property of the Authority
for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2,500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure insure the best interests of the
public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2,500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction 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. 80-1440.)
(70 ILCS 235/29) (from Ch. 85, par. 1581-29)
Section 2-130. Bids and advertisements. Sec. 29.
Advertisement 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 of 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 insure
free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action
suit in equity in the circuit court in the county in which
the metropolitan area is located to compel compliance with
the provisions of this Article Act relating to the awarding
of contracts by the Board.
(Source: P.A. 80-1440.)
(70 ILCS 235/29a) (from Ch. 85, par. 1581-29a)
Section 2-150. Tax exemption. Sec. 29a. Exemption from
taxation. All property of the Bloomington Civic Center
Authority shall be exempt from taxation by the State or any
taxing unit therein.
(Source: P.A. 83-893.)
(70 ILCS 235/29b) (from Ch. 85, par. 1581-29b)
Section 2-145. Antitrust laws. Sec. 29b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 235/29c) (from Ch. 85, par. 1581-29c)
Section 2-140. State financial support. Sec. 29c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 235/30) (from Ch. 85, par. 1581-30)
Section 20-65. Report and financial statement. Sec. 30.
* * *(nonstandard provisions contained in Section 20-65)* * *
(Source: P.A. 80-1440.)
PART 25. BOONE COUNTY COMMUNITY BUILDING COMPLEX
(70 ILCS 260/1-1) (from Ch. 85, par. 7551-1)
Section 25-1. Sec. 1-1. Short title. * * * (nonstandard
provisions contained in Section 25-1) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-5) (from Ch. 85, par. 7551-5)
Section 25-5. Sec. 1-5. Purpose. * * * (nonstandard
provisions contained in Section 25-5) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-10) (from Ch. 85, par. 7551-10)
Section 2-5. Sec. 1-10. Definitions. In this Article:
* * * (nonstandard provisions contained in Section 25-10)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district,
and any agency or instrumentality governmental body, together
with any of their agencies or instrumentalities, corporate or
otherwise thereof.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, company, association, or
joint stock association; and includes any trustee, receiver,
assignee of their trustees, receivers, assignees, or personal
representative thereof representatives.
* * * (nonstandard provisions contained in Section 25-10)
* * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-15) (from Ch. 85, par. 7551-15)
Section 2-10. Lawsuits; common seal. Sec. 1-15. * * *
(nonstandard provisions contained in Section 25-15) * * *
(a) (b) The Authority Committee may sue and be sued in
its corporate name, but execution shall not in any case issue
against any property of the Authority Committee.
(b) The Authority It may adopt a common seal and change
the same seal at its pleasure. * * * (nonstandard provisions
contained in Section 25-15) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-20) (from Ch. 85, par. 7551-20)
Section 25-20. Sec. 1-20. Duties. * * * (nonstandard
provisions contained in Section 25-20) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-25) (from Ch. 85, par. 7551-25)
Section 25-25. Sec. 1-25. Powers. * * * (nonstandard
provisions contained in Section 25-25) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-30) (from Ch. 85, par. 7551-30)
Section 2-25. Sec. 1-30. Incurring obligations. The
Authority Committee 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
those obligations become payable.
(Source: P.A. 87-230.)
(70 ILCS 260/1-35) (from Ch. 85, par. 7551-35)
Section 25-27. Sec. 1-35. Acquisition of property. * *
*(nonstandard provisions contained in Section 25-27)* * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-40) (from Ch. 85, par. 7551-40)
Section 2-40. Sec. 1-40. Federal money. The Authority
shall have Committee has the power (i) to apply for and
accept grants, matching grants, loans, or appropriations from
the federal government or any agency or instrumentality
thereof of the federal government to be used for any of the
operating purposes of the Authority Committee and (ii) to
enter into any agreement with the federal government in
relation to such those grants, matching grants, loans, or
appropriations.
(Source: P.A. 87-230.)
(70 ILCS 260/1-45) (from Ch. 85, par. 7551-45)
Section 2-45. Sec. 1-45. Insurance. The Authority shall
have Committee has 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 Committee in the performance of the duties of the
his or her office or employment, and against any other
insurable risk.
(Source: P.A. 87-230.)
(70 ILCS 260/1-50) (from Ch. 85, par. 7551-50)
Section 2-50. Sec. 1-50. Borrowing; revenue bonds; suits
to compel performance. (a) The Authority shall have
Committee has continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article.
(b) For the purpose of evidencing the obligation of the
Authority Committee to repay any money so borrowed as
aforesaid, the Authority Committee may, pursuant to an
ordinance adopted by the Board Committee, 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 of the
bonds. All such The 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 Committee from any other
source. Such The bonds (i) may bear such a date or dates,
(ii) may mature at such a time or times not exceeding 40
years from their respective dates, (iii) may bear interest at
such a rate or rates not exceeding the maximum rate permitted
by the Bond Authorization Act, (iv) may be in such a form,
(v) may carry registration privileges, (vi) may be executed
in such a manner, (vii) may be payable at such a place or
places, (viii) may be made subject to redemption in such a
manner and upon such terms, with or without premium as is
stated on the face thereof of the bonds, (ix) may be executed
in such a manner, and (x) may contain such terms and
covenants, all as may be provided in said the ordinance
authorizing the issuance of the bonds. In case any officer
whose signature appears on any bond ceases to hold office
(after attaching his or her signature) to hold office, his
that signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds or bond
interest coupons appertaining thereto issued by the Authority
Committee may bring suits at law or proceedings in equity (i)
to compel the performance and observance by the Authority
Committee or any of its officers, agents, or employees of any
contract or covenant made by the Authority Committee with the
holders of such those bonds or interest coupons, (ii) to
compel the Authority Committee 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 of those
bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and (iii) to enjoin the Authority
Committee and any of its officers, agents, or employees from
taking any action in conflict with any such the contract or
covenant.
(c) Notwithstanding the form and tenor of any such bonds
bond and in the absence of any express recital on the face
thereof of the bond that it is non-negotiable, all bonds
shall be negotiable instruments under the Uniform Commercial
Code.
(d) From and after the issuance of any bonds as herein
provided in this Section it shall be the duty of the
corporate authorities of the Authority Committee 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 those bonds
that are sufficient at all times, with other revenues of the
Authority Committee, to pay:
(a) (i) the cost of maintaining, repairing, regulating,
and operating the said those facilities; and
(b) (ii) the bonds principal of and interest thereon on
the bonds 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 of the
bonds.
(e) 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 Committee in connection with
the issuance thereof of the bonds and the issuance of any
additional bonds payable from such the 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 Committee may execute and
deliver a trust agreement or agreements; provided that, but
no lien upon any physical property of the Authority Committee
shall be created thereby by a trust agreement.
(f) A remedy for any breach or default by the Committee
of the terms of any such a 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 the action may be instituted.
(g) Before any such bonds (excepting refunding bonds)
are sold, the entire authorized issue, or any part thereof of
that issue, 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 the 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 Committee 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, however, the 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 under any
advertisement.
(Source: P.A. 87-230.)
(70 ILCS 260/1-55) (from Ch. 85, par. 7551-55)
Section 2-55. Bonds; nature of Sec. 1-55. Limitation on
indebtedness. Under no circumstances shall any bonds issued
by the Authority Committee 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 Committee 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. 87-230.)
(70 ILCS 260/1-60) (from Ch. 85, par. 7551-60)
Section 2-60. Sec. 1-60. Investment in bonds. The State
and, all counties, cities, villages, incorporated towns and,
other municipal corporations, political subdivisions, and
public bodies, and any of their 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 under this Article, it being the purpose of this
Section to authorize the investment in such those 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,
however, relieves any person from any duty of exercising
reasonable care in selecting securities for investment.
(Source: P.A. 87-230.)
(70 ILCS 260/1-65) (from Ch. 85, par. 7551-65)
Section 25-30. Sec. 1-65. Food and beverage tax. * * *
(nonstandard provisions contained in Section 25-30) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-70) (from Ch. 85, par. 7551-70)
Section 2-75. Board members; financial matters; conflict
of interest. * * * (nonstandard provisions contained in
Section 25-35) * * * 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
Committee shall have any private financial interest, profit,
or benefit in any contract, work, or business of the
Authority or Committee nor in the sale or lease of any
property to or from the Authority Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-75) (from Ch. 85, par. 7551-75)
Section 2-80. Board members' oath. Sec. 1-75. * * *
(nonstandard provisions contained in Section 25-40) * * *
Within 30 days after certification of appointment, and before
entering upon the duties of office, each member of the Board
Committee shall take and subscribe the constitutional oath of
office and file it in the office of the Secretary of State.
(Source: P.A. 87-230.)
(70 ILCS 260/1-80) (from Ch. 85, par. 7551-80)
Section 2-85. Sec. 1-80. Board members; vacancy in
office. Members of the Board Committee shall hold office
until their respective successors have been appointed and
qualified. Any member may resign from office; the
resignation takes to take effect when the member's his or her
successor has been appointed and has qualified. * * *
(nonstandard provisions contained in Section 25-45) * * *
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 Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-85) (from Ch. 85, par. 7551-85)
Section 2-90. Sec. 1-85. Organization of the Board
Committee. As soon as practicably possible after the
appointment of the initial members, the Board Committee shall
organize for the transaction of business, select a chairman
and a temporary secretary from its own number, and adopt
by-laws bylaws and regulations to govern its proceedings.
The initial chairman and his or her successors shall be
elected by the Board Committee from time to time for the term
of the chairman's his or her office as a member of the Board
Committee or for the term of 3 years one year, whichever is
shorter.
(Source: P.A. 87-230.)
(70 ILCS 260/1-90) (from Ch. 85, par. 7551-90)
Section 2-97. Board meetings; public records. Sec. 1-90.
Meetings; ordinances. Regular meetings of the Board
Committee shall be held at least once in each calendar month,
the time and place of such the meetings to be fixed by the
Board Committee. * * * (nonstandard provisions contained in
Section 25-50) * * *
All ordinances, resolutions, and proceedings of the
Authority Committee and all documents and records in its
possession shall be public records, and open to public
inspection, except such those documents and records as shall
be kept or prepared by the Board Committee for use in
negotiations, actions, or proceedings to which the Authority
Committee is a party.
(Source: P.A. 87-230.)
(70 ILCS 260/1-95) (from Ch. 85, par. 7551-95)
Section 2-100. Sec. 1-95. Secretary; treasurer. The
Board Committee shall appoint a secretary and a treasurer,
who need not be members of the Board Committee, to hold
office during the pleasure of the Board Committee, 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 Committee. The bond shall be payable
to the Authority Committee in whatever penal sum may be
directed and shall be conditioned 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 Committee. The Board Committee may, at
any time, require a new bond from the treasurer in a penal
sum as may then be determined by the Board Committee. 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 Committee as
a depositary depository for those funds. The oaths of office
and the treasurer's bond bonds shall be filed in the
principal office of the Authority Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-100) (from Ch. 85, par. 7551-100)
Section 2-105. Sec. 1-100. Funds. All funds deposited
by the treasurer in any bank shall be placed in the name of
the Authority Committee 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 Committee. The
Board Committee may designate any of its members or any
officer or employee of the Authority Committee 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. 87-230.)
(70 ILCS 260/1-105) (from Ch. 85, par. 7551-105)
Section 2-110. Sec. 1-105. Signatures on checks or
drafts. In case any officer whose signature appears upon any
check or draft issued pursuant to under 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 person had
remained in office until delivery.
(Source: P.A. 87-230.)
(70 ILCS 260/1-110) (from Ch. 85, par. 7551-110)
Section 2-115. Sec. 1-110. General manager; other
appointments. The Board Committee 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 Committee. The general manager shall have
management of the properties and business of the Authority
Committee and of the its employees thereof, subject to the
general control of the Board Committee, shall direct the
enforcement of all ordinances, resolutions, rules, and
regulations of the Board Committee, and shall perform such
other duties as may be prescribed from time to time by the
Board Committee.
The Board Committee 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 It shall
define their duties and require bonds of such of them as
those that the Board Committee may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to under this
Section shall be exempt from taking and subscribing any oath
of office and shall not be members of the Board Committee.
The compensation of the general manager, general
attorney, chief engineer, and all other officers, attorneys,
planners, consultants, agentsCommittee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-115) (from Ch. 85, par. 7551-115)
Section 2-122. Sec. 1-115. Rules and regulations;
penalties. The Board shall have the power to Committee may
make all rules and regulations that are proper or necessary
to carry into effect the powers granted to the Authority
Committee, with such penalties for violation as may be deemed
proper.
(Source: P.A. 87-230.)
(70 ILCS 260/1-120) (from Ch. 85, par. 7551-120)
Section 25-55. Sec. 1-120. Contracts. * * * (nonstandard
provisions contained in Section 25-55) * * *
(Source: P.A. 87-230.)
(70 ILCS 260/1-125) (from Ch. 85, par. 7551-125)
Section 2-130. Sec. 1-125. Bids and advertisements. (a)
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
the advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority
Committee. Such advertisements for bids 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 insure free and open competitive bidding.
(b) All bids in response to advertisements shall be
sealed and shall be publicly opened by the Board Committee,
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 Committee 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 Committee and adequate
insurance may be required in reasonable amounts to be fixed
by the Board Committee before advertising for bids.
(c) 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 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 Committee before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. (d) Any bidder who has submitted a bid in
compliance with the requirements for bidding may bring a
civil action in the circuit court in of 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 Committee.
(Source: P.A. 87-230.)
(70 ILCS 260/1-130) (from Ch. 85, par. 7551-130)
Section 2-135. Sec. 1-130. Report and financial
statement. As soon after the end of each fiscal year as may
be expedient, the Board Committee 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 the report shall be printed for distribution to persons
interested upon request, and a copy thereof of the report
shall be filed with the county clerk and the appointing
officers.
(Source: P.A. 87-230.)
(70 ILCS 260/1-135) (from Ch. 85, par. 7551-135)
Section 2-145. Sec. 1-135. Antitrust laws. The Authority
Committee 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 Committee to the extent
its activities are either (1) (i) expressly or by necessary
implication authorized by this Article or other Illinois law
or (2) (ii) within traditional areas of local governmental
activity.
(Source: P.A. 87-230.)
(70 ILCS 260/1-140) (from Ch. 85, par. 7551-140)
Section 2-150. Sec. 1-140. Tax exemption. All property
of the Authority Committee shall be exempt from taxation by
the State or any taxing unit therein within the State.
(Source: P.A. 87-230.)
(70 ILCS 260/1-145) (from Ch. 85, par. 7551-145)
Section 2-30. Sec. 1-145. Prompt payment. Purchases
made under this Article shall be made in compliance with the
Local Government Prompt Payment Act.
(Source: P.A. 87-230.)
(70 ILCS 260/1-150) (from Ch. 85, par. 7551-150)
Section 25-60. State appropriations for capital
development prohibited. Sec. 1-150. Prohibition. * * *
(nonstandard provisions contained in Section 25-60) * * *
(Source: P.A. 87-230.)
PART 30. BOWDRE TOWNSHIP CIVIC CENTER
(70 ILCS 305/3-1) (from Ch. 85, par. 6351)
Section 30-1. Short title. Sec. 3-1. * * * (nonstandard
provisions contained in Section 30-1) * * *
(Source: P.A. 85-793.)
(70 ILCS 305/3-2) (from Ch. 85, par. 6352)
Section 2-5. Definitions. Sec. 3-2. As used In this
Article:, unless the context otherwise requires:
* * *(nonstandard provisions contained in Section 30-5) *
* *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 30-5) *
* *
(Source: P.A. 85-793.)
(70 ILCS 305/3-3) (from Ch. 85, par. 6353)
Section 2-10. Lawsuits; common seal. Sec. 3-3. * *
*(nonstandard provisions contained in Section 30-10) * * *
(a) The Authority may sue and be sued in its corporate
own 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 such seal at its pleasure. * * *(nonstandard provisions
contained in Section 30-10) * * *
(Source: P.A. 85-793.)
(70 ILCS 305/3-4) (from Ch. 85, par. 6354)
Section 2-17. Duties; auditorium and other buildings.
Sec. 3-4. 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. 85-793.)
(70 ILCS 305/3-5) (from Ch. 85, par. 6355)
Section 2-21. Rights and powers. Sec. 3-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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. 85-793.)
(70 ILCS 305/3-6) (from Ch. 85, par. 6356)
Section 2-25. Incurring obligations. Sec.3-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 85-793.)
(70 ILCS 305/3-7) (from Ch. 85, par. 6357)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 3-7. 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, and (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. 85-793.)
(70 ILCS 305/3-8) (from Ch. 85, par. 6358)
Section 2-40. Federal money. Sec. 3-8. 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. 85-793.)
(70 ILCS 305/3-9) (from Ch. 85, par. 6359)
Section 2-45. Insurance. Sec. 3-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 85-793.)
(70 ILCS 305/3-10) (from Ch. 85, par. 6360)
Section 2-51. Borrowing; revenue bonds; mandamus or other
actions to compel performance. Sec. 3-10. The Authority
shall have continuing power to borrow money for the purpose
of carrying out and performing its duties and exercising its
powers under this Article.
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 "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 85-793.)
(70 ILCS 305/3-11) (from Ch. 85, par. 6361)
Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
* * *(nonstandard provisions contained in Section 30-12)* * *
(Source: P.A. 85-793.)
(70 ILCS 305/3-12) (from Ch. 85, par. 6362)
Section 30-13. Investment in bonds. Sec. 3-12. * *
*(nonstandard provisions contained in Section 30-13)* * *
(Source: P.A. 85-793.)
(70 ILCS 305/3-13) (from Ch. 85, par. 6363)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 3-13. * * *(nonstandard provisions
contained in Section 30-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/3-14) (from Ch. 85, par. 6364)
Section 30-20. Board members appointed. Sec. 3-14.* *
*(nonstandard provisions contained in Section 30-20)* * *
(Source: P.A. 85-1371.)
(70 ILCS 305/3-15) (from Ch. 85, par. 6365)
Section 30-25. Board members; concurrent offices. Sec.
3-15.* * *(nonstandard provisions contained in Section 30-25)
* * *
(Source: P.A. 85-1371.)
(70 ILCS 305/3-16) (from Ch. 85, par. 6366)
Section 2-90. Organization of the Board. Sec. 3-16. As
soon as practicably possible after the appointment of the
initial members practicable, 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 his office as a member of
the Board or for the a term of 3 years, whichever is shorter.
(Source: P.A. 85-793.)
(70 ILCS 305/3-17) (from Ch. 85, par. 6367)
Section 2-95. Meetings; action by 5 Board members. Sec.
3-17. 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 ordinances, resolutions and records of 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. 85-1371.)
(70 ILCS 305/3-18) (from Ch. 85, par. 6368)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 3-18. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/3-19) (from Ch. 85, par. 6369)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 3-19. 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. "An Act
relating to certain investments of public funds by public
agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 85-793.)
(70 ILCS 305/3-20) (from Ch. 85, par. 6370)
Section 2-110. Signatures on checks or drafts. Sec.
3-20. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 85-793.)
(70 ILCS 305/3-21) (from Ch. 85, par. 6371)
Section 2-115. General manager; other appointments. Sec.
3-21. The Board may appoint a general manager who shall be a
person of recognized ability and business experience, to hold
office during at the pleasure of the Board. The general
manager shall have management of manage the properties and
business of the Authority and of the employees thereof
subject to the general control of the Board, and 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. 85-793.)
(70 ILCS 305/3-22) (from Ch. 85, par. 6372)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 3-22. 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. 85-793.)
(70 ILCS 305/3-23) (from Ch. 85, par. 6373)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 3-23. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 85-793.)
(70 ILCS 305/3-24) (from Ch. 85, par. 6374)
Section 2-130. Bids and advertisements. Sec. 3-24.
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 of 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 insure
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. 85-793.)
(70 ILCS 305/3-25) (from Ch. 85, par. 6375)
Section 30-30. Report and financial statement. Sec.
3-25. * * *(nonstandard provisions contained in Section
30-30) * * *
(Source: P.A. 85-793.)
(70 ILCS 305/3-26) (from Ch. 85, par. 6376)
Section 2-150. Tax exemption. Sec. 3-26. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 85-793.)
(70 ILCS 305/3-27) (from Ch. 85, par. 6377)
Section 2-145. Antitrust laws. Sec. 3-27. The Authority
is expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 85-793.)
(70 ILCS 305/3-28) (from Ch. 85, par. 6378)
Section 2-140. State financial support. Sec. 3-28. 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. 85-793.)
(70 ILCS 305/3-29) (from Ch. 85, par. 6379)
Section 2-30. Prompt payment. Sec. 3-29. Purchases made
under pursuant to this Article shall be made in compliance
with the "Local Government Prompt Payment Act", as now or
hereafter amended.
(Source: P.A. 85-793.)
PART 35. BROWNSTOWN PARK DISTRICT CIVIC CENTER
(70 ILCS 220/5-1) (from Ch. 85, par. 4901)
Section 2-3. Purpose. Sec. 5-1. The purpose of this
Article Act 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. 84-245.)
(70 ILCS 220/5-2) (from Ch. 85, par. 4902)
Section 35-1. Short title. Sec. 5-2. * * * (nonstandard
provisions contained in Section 35-1) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/5-3) (from Ch. 85, par. 4903)
Section 2-5. Definitions. Sec. 5-3. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 35-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 35-5)
* * *
(Source: P.A. 84-245.)
(70 ILCS 220/5-4) (from Ch. 85, par. 4904)
Section 2-10. Lawsuits; common seal. Sec. 5-4. * * *
(nonstandard provisions contained in Section 35-10) * * *
(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 It may adopt a common seal and change
the same at pleasure. * * * (nonstandard provisions contained
in Section 35-10) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/5-5) (from Ch. 85, par. 4905)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 5-5. 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. 84-245.)
(70 ILCS 220/5-6) (from Ch. 85, par. 4906)
Section 2-20. Rights and powers, including eminent
domain. Sec. 5-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 84-245.)
(70 ILCS 220/5-7) (from Ch. 85, par. 4907)
Section 2-25. Incurring obligations. Sec. 5-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/5-8) (from Ch. 85, par. 4908)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 5-8. 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) useful for its purposes, and 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. 84-245.)
(70 ILCS 220/5-9) (from Ch. 85, par. 4909)
Section 2-40. Federal money. Sec. 5-9. 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. 84-245.)
(70 ILCS 220/5-10) (from Ch. 85, par. 4910)
Section 2-45. Insurance. Sec. 5-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/5-11) (from Ch. 85, par. 4911)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 5-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 84-245.)
(70 ILCS 220/5-12) (from Ch. 85, par. 4912)
Section 2-55. Bonds; nature of indebtedness. Sec. 5-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/5-13) (from Ch. 85, par. 4913)
Section 2-60. Investment in bonds. Sec. 5-13. 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. 84-245.)
(70 ILCS 220/5-14) (from Ch. 85, par. 4914)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 5-14. * * * (nonstandard provisions
contained in Section 35-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/5-15) (from Ch. 85, par. 4915)
Section 2-80. Board members' oath. Sec. 5-15. * * *
(nonstandard provisions contained in Section 35-20) * * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/5-16) (from Ch. 85, par. 4916)
Section 2-85. Board members; vacancy in office. Sec.
5-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 35-25) * * *
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, a member's his
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. 84-245.)
(70 ILCS 220/5-17) (from Ch. 85, par. 4917)
Section 2-90. Organization of the Board. Sec. 5-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/5-18) (from Ch. 85, par. 4918)
Section 2-95. Meetings; action by 5 Board members. Sec.
5-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/5-19) (from Ch. 85, par. 4919)
Section 2-100. Secretary; treasurer. Sec. 5-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/5-20) (from Ch. 85, par. 4920)
Section 2-105. Funds. Sec. 5-20. 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. 84-245.)
(70 ILCS 220/5-21) (from Ch. 85, par. 4921)
Section 2-110. Signatures on checks or drafts. Sec.
5-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/5-22) (from Ch. 85, par. 4922)
Section 2-115. General manager; other appointments. Sec.
5-22. 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 It 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. 84-245.)
(70 ILCS 220/5-23) (from Ch. 85, par. 4923)
Section 2-122. Rules and regulations; penalties. Sec.
5-23. 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. 84-245.)
(70 ILCS 220/5-24) (from Ch. 85, par. 4924)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 5-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/5-25) (from Ch. 85, par. 4925)
Section 2-130. Bids and advertisements. Sec. 5-25.
Advertisements Advertisement 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 of 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 insure 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.
* * * (nonstandard provisions contained in Section 35-30)
* * *
(Source: P.A. 84-245.)
(70 ILCS 220/5-26) (from Ch. 85, par. 4926)
Section 2-135. Report and financial statement. Sec.
5-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/5-27) (from Ch. 85, par. 4927)
Section 2-140. State financial support. Sec. 5-27. The
Authority Authorities created by this Article Act 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. 84-245.)
(70 ILCS 220/5-28) (from Ch. 85, par. 4928)
Section 2-145. Antitrust laws. Sec. 5-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 84-245.)
(70 ILCS 220/5-29) (from Ch. 85, par. 4929)
Section 2-150. Tax exemptions. Sec. 5-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 84-245.)
PART 40. CARBONDALE CIVIC CENTER
(70 ILCS 325/2-1) (from Ch. 85, par. 7002-1)
Section 2-3. Purpose. Sec. 2-1. The purpose of this
Article Act 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. 86-907.)
(70 ILCS 325/2-2) (from Ch. 85, par. 7002-2)
Section 40-1. Short title. Sec. 2-2. * * * (nonstandard
provisions contained in Section 40-1) * * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/2-3) (from Ch. 85, par. 7002-3)
Section 2-5. Definitions. Sec. 2-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 40-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 40-5)
* * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/2-4) (from Ch. 85, par. 7002-4)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
(nonstandard provisions contained in Section 40-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 40-10) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/2-5) (from Ch. 85, par. 7002-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 2-5. 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. 86-907.)
(70 ILCS 325/2-6) (from Ch. 85, par. 7002-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;.
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 86-907.)
(70 ILCS 325/2-7) (from Ch. 85, par. 7002-7)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/2-8) (from Ch. 85, par. 7002-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-8. 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) useful for its purposes, and 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. 86-907.)
(70 ILCS 325/2-9) (from Ch. 85, par. 7002-9)
Section 2-40. Federal money. Sec. 2-9. 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. 86-907.)
(70 ILCS 325/2-10) (from Ch. 85, par. 7002-10)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/2-11) (from Ch. 85, par. 7002-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate permitted by the Bond Authorization Act, as
now or hereafter amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 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. 86-907; 86-1028.)
(70 ILCS 325/2-12) (from Ch. 85, par. 7002-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/2-13) (from Ch. 85, par. 7002-13)
Section 2-60. Investment in bonds. Sec. 2-13. 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 Act, 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. 86-907.)
(70 ILCS 325/2-14) (from Ch. 85, par. 7002-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-14. * * * (nonstandard provisions
contained in Section 40-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/2-15) (from Ch. 85, par. 7002-15)
Section 2-80. Board members' oath. Sec. 2-15. * * *
(nonstandard provisions contained in Section 40-20) * * *
Within 30 days after certification of his appointment, and
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. 86-907.)
(70 ILCS 325/2-16) (from Ch. 85, par. 7002-16)
Section 2-85. Board members; vacancy in office. Sec.
2-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 40-25) * * *
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, a member's his
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. 86-907.)
(70 ILCS 325/2-17) (from Ch. 85, par. 7002-17)
Section 2-90. Organization of the Board. Sec. 2-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/2-18) (from Ch. 85, par. 7002-18)
Section 2-95. Meetings; action by 5 Board members. Sec.
2-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/2-19) (from Ch. 85, par. 7002-19)
Section 2-100. Secretary; treasurer. Sec. 2-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/2-20) (from Ch. 85, par. 7002-20)
Section 2-105. Funds. Sec. 2-20. 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. 86-907.)
(70 ILCS 325/2-21) (from Ch. 85, par. 7002-21)
Section 2-110. Signatures on checks or drafts. Sec.
2-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature,
nevertheless, shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/2-22) (from Ch. 85, par. 7002-22)
Section 2-115. General manager; other appointments. Sec.
2-22. 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 It 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. 86-907.)
(70 ILCS 325/2-23) (from Ch. 85, par. 7002-23)
Section 2-122. Rules and regulations; penalties. Sec.
2-23. 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. 86-907.)
(70 ILCS 325/2-24) (from Ch. 85, par. 7002-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by a vote of 5 Board members. Sec. 2-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-907.)
(70 ILCS 325/2-25) (from Ch. 85, par. 7002-25)
Section 2-130. Bids and advertisements. Sec. 2-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section 40-30)
* * *
(Source: P.A. 86-907.)
(70 ILCS 325/2-26) (from Ch. 85, par. 7002-26)
Section 2-135. Report and financial statement. Sec.
2-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-907.)
(70 ILCS 325/2-27) (from Ch. 85, par. 7002-27)
Section 2-140. State financial support. Sec. 2-27. The
Authority created by this Article Act 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.
(Source: P.A. 86-907.)
(70 ILCS 325/2-28) (from Ch. 85, par. 7002-28)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-907.)
(70 ILCS 325/2-29) (from Ch. 85, par. 7002-29)
Section 2-150. Tax exemption. Sec. 2-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/2-30) (from Ch. 85, par. 7002-30)
Section 2-30. Prompt payment. Sec. 2-30. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-907.)
PART 45. CAVE IN ROCK TOWNSHIP CIVIC CENTER
(70 ILCS 240/1001) (from Ch. 85, par. 7301)
Section 45-1. Sec. 1001. Short title. * * *
(nonstandard provisions contained in Section 45-1) * * *
(Source: P.A. 86-1414.)
(70 ILCS 240/1002) (from Ch. 85, par. 7302)
Section 2-3. Sec. 1002. 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. 86-1414.)
(70 ILCS 240/1003) (from Ch. 85, par. 7303)
Section 2-5. Sec. 1003. Definitions. In this Article:
* * * (nonstandard provisions contained in Section 45-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district,
governmental body and any agency or instrumentality, together
with any of their agencies or instrumentalities, corporate or
otherwise thereof.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, company, association, or
joint stock association; and includes any trustee of their
trustees, receiver receivers, assignee assignees, or personal
representative thereof representatives.
* * * (nonstandard provisions contained in Section 45-5)
* * *
(Source: P.A. 86-1414.)
(70 ILCS 240/1004) (from Ch. 85, par. 7304)
Section 2-10. Lawsuits; common seal. Sec. 1004.
Creation of Authority. * * * (nonstandard provisions
contained in Section 45-10) * * *
(a) (b) 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 It may adopt a common seal and change
the same seal at its pleasure. * * * (nonstandard provisions
contained in Section 45-10) * * *
(Source: P.A. 86-1414.)
(70 ILCS 240/1005) (from Ch. 85, par. 7305)
Section 2-15. Sec. 1005. Duties; auditorium,
recreational, and other buildings; lease of space. It shall
be the duty of the Authority to shall 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 with its duties, the
Authority shall arrange, finance, and maintain industrial,
cultural, educational, theatrical, sports, trade, and
scientific exhibits and to shall construct, equip, and
maintain auditorium, exposition, recreational, and office
buildings for such those purposes.
The provision of Providing office space for lease and
rental and the lease of leasing air space over and
appurtenant to such those structures shall be deemed an are
integral function functions of the Authority.
The Authority is granted all rights and powers necessary
to perform such its duties.
(Source: P.A. 86-1414.)
(70 ILCS 240/1006) (from Ch. 85, par. 7306)
Section 45-12. Sec. 1006. Powers. * * * (nonstandard
provisions contained in Section 45-12) * * *
(Source: P.A. 86-1414.)
(70 ILCS 240/1007) (from Ch. 85, par. 7307)
Section 2-25. Sec. 1007. 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 those
obligations become payable.
(Source: P.A. 86-1414.)
(70 ILCS 240/1008) (from Ch. 85, par. 7308)
Section 2-35. Sec. 1008. Acquisition of property from
person,; State, or local agency money. The Authority shall
have has 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, from any
municipal corporation, body politic, or agency of the State,
or from the State itself, 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 of the State 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
those grants, matching grants, loans, or appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 240/1009) (from Ch. 85, par. 7309)
Section 2-40. Sec. 1009. Federal money. The Authority
shall have has the power (i) to apply for and accept grants,
matching grants, loans, or appropriations from the federal
government or any agency or instrumentality thereof of the
federal government 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 those grants, matching
grants, loans, or appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 240/1010) (from Ch. 85, par. 7310)
Section 2-45. Sec. 1010. Insurance. The Authority shall
have has 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 his or her office or
employment, and against any other insurable risk.
(Source: P.A. 86-1414.)
(70 ILCS 240/1011) (from Ch. 85, par. 7311)
Section 2-50. Sec. 1011. Borrowing; revenue bonds; suits
to compel performance. (a) The Authority shall have has
continuing power to borrow money for the purpose of carrying
out and performing its duties and exercising its powers under
this Article.
(b) For the purpose of evidencing the obligation of the
Authority to repay any money so 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 of the bonds. All such The 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 The bonds (i) may bear such a date or
dates, (ii) may mature at such a time or times not exceeding
40 years from their respective dates, (iii) may bear interest
at such a rate or rates not exceeding the maximum rate
permitted by the Bond Authorization Act, (iv) may be in such
a form, (v) may carry such registration privileges, (vi) may
be executed in such a manner, (vii) may be payable at such a
place or places, (viii) may be made subject to redemption in
such a manner and upon such terms, with or without premium as
is stated on the face thereof of the bonds, (ix) may be
executed in such a manner, and (x) may contain such terms and
covenants, all as may be provided in said the ordinance
authorizing the issuance of the bonds. In case any officer
whose signature appears on any bond ceases (after attaching
his signature) to hold office after attaching his or her
signature, his that signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds or bond interest coupons appertaining thereto issued by
the Authority may bring suits at law or proceedings in equity
(i) 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
those bonds or interest coupons, (ii) 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 of those bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
(iii) to enjoin the Authority and any of its officers,
agents, or employees from taking any action in conflict with
any such the contract or covenant.
(c) Notwithstanding the form and tenor of any such bonds
bond and in the absence of any express recital on the face
thereof of the bond that it is non-negotiable nonnegotiable,
all such bonds shall be negotiable instruments under the
Uniform Commercial Code.
(d) From and after the issuance of any bonds as herein
provided in this Section it shall be the duty of the
corporate authorities of the Authority Board 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 those bonds
that are sufficient at all times, with other revenues of the
Authority, to pay:
(a) (i) the cost of maintaining, repairing, regulating,
and operating the said those facilities; and
(b) (ii) the bonds and interest thereon principal of and
interest on the bonds 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 of the bonds.
(e) 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 of the bonds and the issuance of any additional bonds
payable from such the 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, but no lien upon any physical
property of the Authority shall be created thereby by a trust
agreement.
(f) A remedy for any breach or default by the Authority
of the terms of any such a 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 the action may be instituted.
(g) Before any such bonds (excepting refunding bonds)
are sold, the entire authorized issue, or any part thereof of
that issue, 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 the 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,
however, such the 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 under any
advertisement.
(Source: P.A. 86-1414.)
(70 ILCS 240/1012) (from Ch. 85, par. 7312)
Section 2-55. Sec. 1012. Limitation on 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. 86-1414.)
(70 ILCS 240/1013) (from Ch. 85, par. 7313)
Section 2-60. Sec. 1013. Investment in bonds. The State
and, all counties, cities, villages, incorporated towns and,
other municipal corporations, political subdivisions, and
public bodies, and any of their 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 under this Article, it being the purpose of this
Section to authorize the investment in such those 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,
however, relieves any person from any duty of exercising
reasonable care in selecting securities for investment.
(Source: P.A. 86-1414.)
(70 ILCS 240/1014) (from Ch. 85, par. 7314)
Section 2-75. Sec. 1014. Creation of the Board members;
financial matters; conflict of interest. * * * (nonstandard
provisions contained in Section 45-15) * * * 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 nor in
the sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 240/1015) (from Ch. 85, par. 7315)
Section 2-80. Sec. 1015. Members of the Board members'
oath. * * * (nonstandard provisions contained in Section
45-20) * * * 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. 86-1414.)
(70 ILCS 240/1016) (from Ch. 85, par. 7316)
Section 2-85. Sec. 1016. 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 to take
effect when the member's his or her successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 45-25) * * *
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. 86-1414.)
(70 ILCS 240/1017) (from Ch. 85, par. 7317)
Section 2-90. Sec. 1017. 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 bylaws and regulations to
govern its proceedings. The initial chairman and his or her
successors shall be elected by the Board from time to time
for the term of the chairman's his or her office as a member
of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 86-1414.)
(70 ILCS 240/1018) (from Ch. 85, par. 7318)
Section 2-96. Sec. 1018. Meetings; action by 4 Board
members ordinances. Regular meetings of the Board shall be
held at least once in each calendar month, the time and place
of such the 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 those 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. 86-1414.)
(70 ILCS 240/1019) (from Ch. 85, par. 7319)
Section 2-100. Sec. 1019. 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 and shall be conditioned 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 depository for those funds. The
oaths of office and the treasurer's bond bonds shall be filed
in the principal office of the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 240/1020) (from Ch. 85, par. 7320)
Section 2-105. Sec. 1020. 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. 86-1414.)
(70 ILCS 240/1021) (from Ch. 85, par. 7321)
Section 2-110. Sec. 1021. Signatures on checks or
drafts. In case any officer whose signature appears upon any
check or draft issued pursuant to under 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 person had
remained in office until delivery.
(Source: P.A. 86-1414.)
(70 ILCS 240/1022) (from Ch. 85, par. 7322)
Section 2-115. Sec. 1022. 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 its 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 It shall
define their duties and require bonds of such of them as
those that the Board may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to under 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. 86-1414.)
(70 ILCS 240/1023) (from Ch. 85, par. 7323)
Section 2-122. Sec. 1023. Rules and regulations;
penalties. The Board shall have power to may make all rules
and regulations that are proper or necessary to carry into
effect the powers granted to the Authority, with such
penalties for violation as may be deemed proper.
(Source: P.A. 86-1414.)
(70 ILCS 240/1024) (from Ch. 85, par. 7324)
Section 2-126. Sec. 1024. Contracts; award to other than
highest or lowest bidder by vote of 4 Board members. (a) All
contracts for the sale of property of the a value of more
than $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense thereof will exceed $2,500,
shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) except (i) when repair
parts, accessories, equipment, or services are required for
equipment or services previously furnished or contracted for;
(2), (ii) 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, limitation the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill;, and (3) (iii) when services such as water, light,
heat, power, telephone, or telegraph are required.
(b) All contracts involving less than $2,500 shall be
let by competitive bidding to the lowest responsible bidder
whenever possible, and, in any event, in a manner calculated
to ensure 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 those leases upon such
terms as it deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past record 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 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 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 after any such advertisement
no responsible and satisfactory bid, within the terms of the
advertisement, shall be is received, the Board may award such
the contract, without competitive bidding, provided that it
shall not be if the contract is not less advantageous to the
Authority than any valid bid received pursuant in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 86-1414.)
(70 ILCS 240/1025) (from Ch. 85, par. 7325)
Section 2-130. Sec. 1025. Bids and advertisements. (a)
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
the advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements for bids 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 insure
free and open competitive bidding.
(b) 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.
(c) The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. (d) Any bidder who has submitted a bid in
compliance with the requirements for bidding may bring a
civil action in the circuit court in of 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. 86-1414.)
(70 ILCS 240/1026) (from Ch. 85, par. 7326)
Section 2-135. Sec. 1026. 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 the report shall be printed for distribution to persons
interested upon request, and a copy thereof of the report
shall be filed with the county clerk and the appointing
officers.
(Source: P.A. 86-1414.)
(70 ILCS 240/1027) (from Ch. 85, par. 7327)
Section 2-140. State financial support. Sec. 1027.
Civic Center 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. 86-1414.)
(70 ILCS 240/1028) (from Ch. 85, par. 7328)
Section 2-145. Sec. 1028. Antitrust laws. The Authority
is expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, 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) (i) expressly or by
necessary implication authorized by this Article or other
Illinois law or (2) (ii) within traditional areas of local
governmental activity.
(Source: P.A. 86-1414.)
(70 ILCS 240/1029) (from Ch. 85, par. 7329)
Section 2-150. Sec. 1029. Tax exemption. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein within the State.
(Source: P.A. 86-1414.)
(70 ILCS 240/1030) (from Ch. 85, par. 7330)
Section 2-30. Sec. 1030. Prompt payment. Purchases made
under this Article shall be made in compliance with the Local
Government Prompt Payment Act.
(Source: P.A. 86-1414.)
PART 50. CENTRE EAST CIVIC CENTER
(70 ILCS 270/5-1) (from Ch. 85, par. 3801)
Section 50-1. Short title. Sec. 5-1. * * * (nonstandard
provisions contained in Section 50-1) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-2) (from Ch. 85, par. 3802)
Section 2-5. Definitions. Sec. 5-2. As used In this
Article, unless the context otherwise requires:
* * * (nonstandard provisions contained in Section 50-5)
* * *
"Governmental agency" means the federal government, the
State of Illinois, and any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 50-5)
* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-3) (from Ch. 85, par. 3803)
Section 2-10. Lawsuits; common seal. Sec. 5-3. * * *
(nonstandard provisions contained in Section 50-10) * * *
(a) The Authority may sue and be sued in its corporate
own 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 such seal at its pleasure. * * * (nonstandard
provisions contained in Section 50-10) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-4) (from Ch. 85, par. 3804)
Section 2-17. Duties; auditorium and other buildings.
Sec. 5-4. 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. 83-1456.)
(70 ILCS 270/5-5) (from Ch. 85, par. 3805)
Section 2-21. Rights and powers. Sec. 5-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To 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. 83-1456.)
(70 ILCS 270/5-6) (from Ch. 85, par. 3806)
Section 2-25. Incurring obligations. Sec. 5-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-6.1) (from Ch. 85, par. 3806.1)
Section 2-30. Prompt payment. Sec. 5-6.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/5-7) (from Ch. 85, par. 3807)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 5-7. 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) and 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. 83-1456.)
(70 ILCS 270/5-8) (from Ch. 85, par. 3808)
Section 2-40. Federal money. Sec. 5-8. 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. 83-1456.)
(70 ILCS 270/5-9) (from Ch. 85, par. 3809)
Section 2-45. Insurance. Sec. 5-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-10) (from Ch. 85, par. 3810)
Section 50-15. Borrowing; revenue bonds. Sec. 5-10. * *
* (nonstandard provisions contained in Section 50-15) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-11) (from Ch. 85, par. 3811)
Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
* * * (nonstandard provisions contained in Section 50-16) * *
*
(Source: P.A. 83-1456.)
(70 ILCS 270/5-12) (from Ch. 85, par. 3812)
Section 50-17. Investment in bonds. Sec. 5-12. * * *
(nonstandard provisions contained in Section 50-17) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-13) (from Ch. 85, par. 3813)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 5-13. * * * (nonstandard provisions contained
in Section 50-20) * * * The members of the Board They 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. 83-1456.)
(70 ILCS 270/5-14) (from Ch. 85, par. 3814)
Section 2-80. Board members' oath. Sec. 5-14. * * *
(nonstandard provisions contained in Section 50-25) * * *
Within 30 days after certification of his appointment, and
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. 86-1414.)
(70 ILCS 270/5-15) (from Ch. 85, par. 3815)
Section 2-85. Board members; vacancy in office. Sec.
5-15. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member and him, and by providing him an opportunity to be
publicly heard in person or by counsel in the member's his
own defense upon not less than 10 days' notice.
(Section 2-85, resumed)
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-16) (from Ch. 85, par. 3816)
Section 2-90. Organization of the Board. Sec. 5-16. As
soon as practicably possible practicable 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 his office
as a member of the Board or for the a term of 3 years,
whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-17) (from Ch. 85, par. 3817)
Section 2-95. Meetings; action by 5 Board members. Sec.
5-17. 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 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 ordinances, resolutions and records of 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. 83-1456.)
(70 ILCS 270/5-18) (from Ch. 85, par. 3818)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 5-18. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-19) (from Ch. 85, par. 3819)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 5-19. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-20) (from Ch. 85, par. 3820)
Section 2-110. Signatures on checks or drafts. Sec.
5-20. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-21) (from Ch. 85, par. 3821)
Section 2-115. General manager; other appointments. Sec.
5-21. The Board may appoint a general manager who shall be a
person of recognized ability and business experience, to hold
office during at the pleasure of the Board. The general
manager shall have management of manage the properties and
business of the Authority and of the employees thereof
subject to the general control of the Board, and 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. 83-1456.)
(70 ILCS 270/5-22) (from Ch. 85, par. 3822)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 5-22. 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. 83-1456.)
(70 ILCS 270/5-23) (from Ch. 85, par. 3823)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 5-23. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 83-1456.)
(70 ILCS 270/5-24) (from Ch. 85, par. 3824)
Section 2-130. Bids and advertisements. Sec. 5-24.
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 of 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 insure
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. 83-1456.)
(70 ILCS 270/5-25) (from Ch. 85, par. 3825)
Section 50-30. Report and financial statement. Sec.
5-25. * * * (nonstandard provisions contained in Section
50-30) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/5-26) (from Ch. 85, par. 3826)
Section 2-145. Antitrust laws. Sec. 5-26. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act"An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-27) (from Ch. 85, par. 3827)
Section 2-150. Tax exemption. Sec. 5-27. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/5-28) (from Ch. 85, par. 3828)
Section 2-140. State financial report. Sec. 5-28. The
Authority created by this Article Act 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. 83-1456.)
PART 55. CHICAGO SOUTH CIVIC CENTER
(70 ILCS 245/1-1) (from Ch. 85, par. 6701-1)
Section 2-3. Purpose. Sec. 1-1. 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. 86-8.)
(70 ILCS 245/1-2) (from Ch. 85, par. 6701-2)
Section 55-1. Short title. Sec. 1-2. * * * (nonstandard
provisions contained in Section 55-1) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-3) (from Ch. 85, par. 6701-3)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 55-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 55-5)
* * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-4) (from Ch. 85, par. 6701-4)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
(nonstandard provisions contained in Section 55-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 55-10) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-5) (from Ch. 85, par. 6701-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 1-5. 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. 86-8.)
(70 ILCS 245/1-6) (from Ch. 85, par. 6701-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-8.)
(70 ILCS 245/1-7) (from Ch. 85, par. 6701-7)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-8.)
(70 ILCS 245/1-8) (from Ch. 85, par. 6701-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-8. 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) useful for its purposes, and 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. 86-8.)
(70 ILCS 245/1-9) (from Ch. 85, par. 6701-9)
Section 2-40. Federal money. Sec. 1-9. 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. 86-8.)
(70 ILCS 245/1-10) (from Ch. 85, par. 6701-10)
Section 2-45. Insurance. Sec. 1-10. 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 his or her office or
employment, and against or any other insurable risk.
(Source: P.A. 86-8.)
(70 ILCS 245/1-11) (from Ch. 85, par. 6701-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. 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 "An
Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended, 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 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 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority or 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 fact
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. 86-8.)
(70 ILCS 245/1-12) (from Ch. 85, par. 6701-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 aforesaid.
(Source: P.A. 86-8.)
(70 ILCS 245/1-13) (from Ch. 85, par. 6701-13)
Section 2-60. Investment in bonds. Sec. 1-13. 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. 86-8.)
(70 ILCS 245/1-13.1) (from Ch. 85, par. 6701-13.1)
Section 55-15. Inclusion of contiguous territory within
metropolitan area. Sec. 1-13.1. * * * (nonstandard provisions
contained in Section 55-15) * * *
(Source: P.A. 87-738.)
(70 ILCS 245/1-14) (from Ch. 85, par. 6701-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * * (nonstandard provisions
contained in Section 55-20) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-15) (from Ch. 85, par. 6701-15)
Section 2-80. Board members' oath. Sec. 1-15. * * *
(nonstandard provisions contained in Section 55-25) * * *
Within 30 days after certification of his or her appointment,
and before entering upon the duties of his or her 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. 86-8; 87-738.)
(70 ILCS 245/1-16) (from Ch. 85, par. 6701-16)
Section 55-30. Board members; vacancy in office. Sec.
1-16. * * * (nonstandard provisions contained in Section
55-30) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-17) (from Ch. 85, par. 6701-17)
Section 55-35. Organization of the Board. Sec. 1-17. * *
* (nonstandard provisions contained in Section 55-35) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-18) (from Ch. 85, par. 6701-18)
Section 2-97. Board meetings; public records. Sec. 1-18.
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. * * * (nonstandard provisions
contained in Section 55-40) * * *
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. 86-8; 87-738.)
(70 ILCS 245/1-19) (from Ch. 85, par. 6701-19)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer
in a 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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-8.)
(70 ILCS 245/1-20) (from Ch. 85, par. 6701-20)
Section 2-105. Funds. Sec. 1-20. 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 chairperson 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 chairperson 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. 86-8.)
(70 ILCS 245/1-21) (from Ch. 85, par. 6701-21)
Section 2-110. Signatures on checks or drafts. Sec.
1-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his or her signature) to hold office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his or her
signature, nevertheless, shall be valid and sufficient for
all purposes with the same effect as if the officer he or she
had remained in office until delivery.
(Source: P.A. 86-8.)
(70 ILCS 245/1-22) (from Ch. 85, par. 6701-22)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 86-8.)
(70 ILCS 245/1-23) (from Ch. 85, par. 6701-23)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 86-8.)
(70 ILCS 245/1-24) (from Ch. 85, par. 6701-24)
Section 55-45. Contracts. Sec. 1-24. * * * (nonstandard
provisions contained in Section 55-45) * * *
(Source: P.A. 86-8; 87-738.)
(70 ILCS 245/1-25) (from Ch. 85, par. 6701-25)
Section 2-130. Bids and advertisements. Sec. 1-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section 55-50)
* * *
(Source: P.A. 86-8.)
(70 ILCS 245/1-26) (from Ch. 85, par. 6701-26)
Section 55-55. Report and financial statement. Sec.
1-26. * * * (nonstandard provisions contained in Section
55-55) * * *
(Source: P.A. 86-8.)
(70 ILCS 245/1-27) (from Ch. 85, par. 6701-27)
Section 2-140. State financial support. Sec. 1-27. 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.
(Source: P.A. 86-8.)
(70 ILCS 245/1-28) (from Ch. 85, par. 6701-28)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, and
the General Assembly intends that the "State action
exemption" to the application of the federal antitrust
anti-trust 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. 86-8.)
(70 ILCS 245/1-29) (from Ch. 85, par. 6701-29)
Section 2-150. Tax exemption. Sec. 1-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-8.)
(70 ILCS 245/1-30) (from Ch. 85, par. 6701-30)
Section 2-30. Prompt payment. Sec. 1-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 86-8.)
PART 60. COLLINSVILLE CIVIC CENTER
(70 ILCS 250/1) (from Ch. 85, par. 3001)
Section 2-3. Purpose. Sec. 1. The purpose of this Act 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. 83-1127.)
(70 ILCS 250/2) (from Ch. 85, par. 3002)
Section 60-1. Short title. Sec. 2. * * *(nonstandard
provisions contained in Section 60-1) * * *
(Source: P.A. 83-1127.)
(70 ILCS 250/3) (from Ch. 85, par. 3003)
Section 2-5. Definitions. Sec. 3. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 60-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, both domestic and foreign,
company, association or joint stock association; and includes
any trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 60-5)
* * *
(Source: P.A. 83-1127.)
(70 ILCS 250/4) (from Ch. 85, par. 3004)
Section 2-10. Lawsuits; common seal. Sec. 4. * *
*(nonstandard provisions contained in Section 60-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 60-10) * * *
(Source: P.A. 83-1127.)
(70 ILCS 250/5) (from Ch. 85, par. 3005)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 5. 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
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. 83-1127.)
(70 ILCS 250/6) (from Ch. 85, par. 3006)
Section 2-20. Rights and powers, including eminent
domain. Sec. 6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-1127.)
(70 ILCS 250/7) (from Ch. 85, par. 3007)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1127.)
(70 ILCS 250/7.1) (from Ch. 85, par. 3007.1)
Section 2-30. Prompt payment. Sec. 7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the "Local Government Prompt Payment Act",
approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 250/8) (from Ch. 85, par. 3008)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 8. 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) useful for its purposes, and 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. 83-1127.)
(70 ILCS 250/9) (from Ch. 85, par. 3009)
Section 2-40. Federal money. Sec. 9. 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. 83-1127.)
(70 ILCS 250/10) (from Ch. 85, par. 3010)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1127.)
(70 ILCS 250/11) (from Ch. 85, par. 3011)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1127.)
(70 ILCS 250/12) (from Ch. 85, par. 3012)
Section 2-55. Bonds; nature of indebtedness. Sec. 12.
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 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
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 aforesaid.
(Source: P.A. 83-1127.)
(70 ILCS 250/13) (from Ch. 85, par. 3013)
Section 2-60. Investment in bonds. Sec. 13. 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 Act, 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. 83-1127.)
(70 ILCS 250/13.1) (from Ch. 85, par. 3013.1)
Section 60-15. Food and beverage tax. Sec. 13.1. * * *
(nonstandard provisions contained in Section 60-15) * * *
(Source: P.A. 85-1006.)
(70 ILCS 250/14) (from Ch. 85, par. 3014)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 14.* * * (nonstandard provisions contained
in Section 60-20) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-1017.)
(70 ILCS 250/15) (from Ch. 85, par. 3015)
Section 2-80. Board members' oath. Sec. 15. * * *
(nonstandard provisions contained in Section 60-25) * * *
Within 30 days after certification of his appointment, and
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. 86-1017.)
(70 ILCS 250/16) (from Ch. 85, par. 3016)
Section 2-85. Board members; vacancy in office. Sec. 16.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-1127.)
(70 ILCS 250/17) (from Ch. 85, par. 3017)
Section 2-90. Organization of the Board. Sec. 17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1127.)
(70 ILCS 250/18) (from Ch. 85, par. 3018)
Section 2-95. Meetings; action by 5 Board members. Sec.
18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-1017.)
(70 ILCS 250/19) (from Ch. 85, par. 3019)
Section 2-100. Secretary; treasurer. Sec. 19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-1127.)
(70 ILCS 250/20) (from Ch. 85, par. 3020)
Section 2-105. Funds. Sec. 20. 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. 83-1127.)
(70 ILCS 250/21) (from Ch. 85, par. 3021)
Section 2-110. Signatures on checks or drafts. Sec. 21.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases to hold
office (after attaching his or her signature) to hold his
office and before the delivery of the check or draft thereof
to the payee, that his signature nevertheless shall be valid
and sufficient for all purposes with the same effect as if
the officer he had remained in office until delivery.
(Source: P.A. 83-1127.)
(70 ILCS 250/22) (from Ch. 85, par. 3022)
Section 2-115. General manager; other appointments. Sec.
22. 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 It 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. 83-1127.)
(70 ILCS 250/23) (from Ch. 85, par. 3023)
Section 2-122. Rules and regulations; penalties. Sec. 23.
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. 83-1127.)
(70 ILCS 250/24) (from Ch. 85, par. 3024)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-1127.)
(70 ILCS 250/25) (from Ch. 85, par. 3025)
Section 2-130. Bids and advertisements. Sec. 25.
Advertisements Advertisement 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 of bids and, 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 insure free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area principal office of the Authority is located to compel
compliance with the provisions of this Article Act relating
to the awarding of contracts by the Board.
(Source: P.A. 83-1127.)
(70 ILCS 250/26) (from Ch. 85, par. 3026)
Section 2-135. Report and financial statement. Sec. 26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk of the
County in which the principal office of the Authority is
located and the appointing officers.
(Source: P.A. 83-1127.)
(70 ILCS 250/27) (from Ch. 85, par. 3027)
Section 2-140. State financial support. Sec. 27. The
Authority created by this Article Act 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. 83-1127.)
(70 ILCS 250/28) (from Ch. 85, par. 3028)
Section 2-145. Antitrust laws. Sec. 28. The Authority is
hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, 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 Act or other
Illinois law or (2) within traditional areas of local
governmental activity.
(Source: P.A. 86-1017.)
(70 ILCS 250/29) (from Ch. 85, par. 3029)
Section 2-150. Tax exemption. Sec. 29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-1017.)
PART 65. COLUMBIA CIVIC CENTER
(70 ILCS 255/2001) (from Ch. 85, par. 7351)
Section 65-1. Sec. 2001. Short title. * * *
(nonstandard provisions contained in Section 65-1) * * *
(Source: P.A. 86-1414.)
(70 ILCS 255/2002) (from Ch. 85, par. 7352)
Section 2-3. Sec. 2002. 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. 86-1414.)
(70 ILCS 255/2003) (from Ch. 85, par. 7353)
Section 2-5. Sec. 2003. Definitions. In this Article:
* * * (nonstandard provisions contained in Section 65-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district,
and governmental body, together with any agency or
instrumentality thereof of their agencies or
instrumentalities, corporate or otherwise.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, company, association, or
joint stock association; and includes any trustee, receiver,
assignee of their trustees, receivers, assignees, or personal
representative thereof representatives.
* * * (nonstandard provisions contained in Section 65-5)
* * *
(Source: P.A. 86-1414.)
(70 ILCS 255/2004) (from Ch. 85, par. 7354)
Section 2-10. Lawsuits; common seal. Sec. 2004.
Creation of Authority. * * * (nonstandard provisions
contained in Section 65-10) * * *
(a) (b) 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 It may adopt a common seal and change
the same seal at its pleasure. * * * (nonstandard provisions
contained in Section 65-10) * * *
(Source: P.A. 86-1414.)
(70 ILCS 255/2005) (from Ch. 85, par. 7355)
Section 2-15. Sec. 2005. Duties; auditorium,
recreational, and other buildings; lease of space. It shall
be the duty of the Authority to shall 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 with its duties, the
Authority shall arrange, finance, and maintain industrial,
cultural, educational, theatrical, sports, trade, and
scientific exhibits and to shall construct, equip, and
maintain auditorium, exposition, recreational, and office
buildings for such those purposes.
The provision of Providing office space for lease and
rental and the lease of leasing air space over and
appurtenant to such those structures shall be deemed an are
integral function functions of the Authority.
The Authority is granted all rights and powers necessary
to perform such its duties.
(Source: P.A. 86-1414.)
(70 ILCS 255/2006) (from Ch. 85, par. 7356)
Section 65-12. Sec. 2006. Powers. * * * (nonstandard
provisions contained in Section 65-12) * * *
(Source: P.A. 86-1414.)
(70 ILCS 255/2007) (from Ch. 85, par. 7357)
Section 2-25. Sec. 2007. 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 those
obligations become payable.
(Source: P.A. 86-1414.)
(70 ILCS 255/2008) (from Ch. 85, par. 7358)
Section 2-35. Sec. 2008. Acquisition of property from
person,; State, or local agency money. The Authority shall
have has 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, from any
municipal corporation, body politic, or agency of the State,
or from the State itself, 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 of the State 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
those grants, matching grants, loans, or appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 255/2009) (from Ch. 85, par. 7359)
Section 2-40. Sec. 2009. Federal money. The Authority
shall have has the power (i) to apply for and accept grants,
matching grants, loans, or appropriations from the federal
government or any agency or instrumentality thereof of the
federal government 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 those grants, matching
grants, loans, or appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 255/2010) (from Ch. 85, par. 7360)
Section 2-45. Sec. 2010. Insurance. The Authority shall
have has 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 his or her office or
employment, and against any other insurable risk.
(Source: P.A. 86-1414.)
(70 ILCS 255/2011) (from Ch. 85, par. 7361)
Section 2-50. Sec. 2011. Borrowing; revenue bonds; suits
to compel performance. (a) The Authority shall have has
continuing power to borrow money for the purpose of carrying
out and performing its duties and exercising its powers under
this Article.
(b) For the purpose of evidencing the obligation of the
Authority to repay any money so 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 of the bonds. All such The 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 The bonds (i) may bear such a date or
dates, (ii) may mature at such a time or times not exceeding
40 years from their respective dates, (iii) may bear interest
at such a rate or rates not exceeding the maximum rate
permitted by the Bond Authorization Act, (iv) may be in such
a form, (v) may carry such registration privileges, (vi) may
be executed in such a manner, (vii) may be payable at such a
place or places, (viii) may be made subject to redemption in
such a manner and upon such terms, with or without premium as
is stated on the face thereof of the bonds, (ix) may be
executed in such a manner, and (x) may contain such terms and
covenants, all as may be provided in said the ordinance
authorizing the issuance of the bonds. In case any officer
whose signature appears on any bond ceases (after attaching
his signature) to hold office after attaching his or her
signature, his that signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds or bond interest coupons appertaining thereto issued by
the Authority may bring suits at law or proceedings in equity
(i) 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
those bonds or interest coupons, (ii) 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 of those bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
(iii) to enjoin the Authority and any of its officers,
agents, or employees from taking any action in conflict with
any such the contract or covenant.
(c) Notwithstanding the form and tenor of any such bonds
bond and in the absence of any express recital on the face
thereof of the bond that it is non-negotiable nonnegotiable,
all such bonds shall be negotiable instruments under the
Uniform Commercial Code.
(d) From and after the issuance of any bonds as herein
provided in this Section it shall be the duty of the
corporate authorities of the Authority Board 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 those bonds
that are sufficient at all times, with other revenues of the
Authority, to pay:
(a) (i) the cost of maintaining, repairing, regulating,
and operating the said those facilities; and
(b) (ii) the bonds principal of and interest thereon on
the bonds 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 of the
bonds.
(e) 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 of the bonds and the issuance of any additional bonds
payable from such the 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, but no lien upon any physical
property of the Authority shall be created thereby by a trust
agreement.
(f) A remedy for any breach or default by the Authority
of the terms of any such a 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 the action may be instituted.
(g) Before any such bonds (excepting refunding bonds) are
sold, the entire authorized issue, or any part thereof of
that issue, 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 the 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, however, the 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 under any
advertisement.
(Source: P.A. 86-1414.)
(70 ILCS 255/2012) (from Ch. 85, par. 7362)
Section 2-55. Bonds; nature of Sec. 2012. Limitation on
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. 86-1414.)
(70 ILCS 255/2013) (from Ch. 85, par. 7363)
Section 2-60. Sec. 2013. Investment in bonds. The State
and, all counties, cities, villages, incorporated towns and,
other municipal corporations, political subdivisions, and
public bodies, and any of their 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 under this Article, it being the purpose of this
Section to authorize the investment in such those 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,
however, relieves any person from any duty of exercising
reasonable care in selecting securities for investment.
(Source: P.A. 86-1414.)
(70 ILCS 255/2014) (from Ch. 85, par. 7364)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2014. Creation of the Board. * * *
(nonstandard provisions contained in Section 65-15) * * * The
members 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 nor in
the sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 255/2015) (from Ch. 85, par. 7365)
Section 2-80. Board members' oath. Sec. 2015. Members
of the Board. * * * (nonstandard provisions contained in
Section 65-20) * * * 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. 86-1414.)
(70 ILCS 255/2016) (from Ch. 85, par. 7366)
Section 2-85. Board members; Sec. 2016. 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 to take
effect when the member's his or her successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 65-25) * * *
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. 86-1414.)
(70 ILCS 255/2017) (from Ch. 85, par. 7367)
Section 2-90. Sec. 2017. 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 bylaws and regulations to
govern its proceedings. The initial chairman and his or her
successors shall be elected by the Board from time to time
for the term of the chairman's his or her office as a member
of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 86-1414.)
(70 ILCS 255/2018) (from Ch. 85, par. 7368)
Section 2-96. Sec. 2018. Meetings; action by 4 Board
members ordinances. Regular meetings of the Board shall be
held at least once in each calendar month, the time and place
of such the 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 those 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. 86-1414.)
(70 ILCS 255/2019) (from Ch. 85, par. 7369)
Section 2-100. Sec. 2019. 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 and shall be conditioned 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 depository for those funds. The
oaths of office and the treasurer's bond bonds shall be filed
in the principal office of the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 255/2020) (from Ch. 85, par. 7370)
Section 2-105. Sec. 2020. 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. 86-1414.)
(70 ILCS 255/2021) (from Ch. 85, par. 7371)
Section 2-110. Sec. 2021. Signatures on checks or
drafts. In case any officer whose signature appears upon any
check or draft issued pursuant to under 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 person had
remained in office until delivery.
(Source: P.A. 86-1414.)
(70 ILCS 255/2022) (from Ch. 85, par. 7372)
Section 2-115. Sec. 2022. 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 its 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 It shall
define their duties and require bonds of such of them as
those that the Board may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to under 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. 86-1414.)
(70 ILCS 255/2023) (from Ch. 85, par. 7373)
Section 2-122. Sec. 2023. Rules and regulations;
penalties. The Board shall have power to may make all rules
and regulations that are proper or necessary to carry into
effect the powers granted to the Authority, with such
penalties for violation as may be deemed proper.
(Source: P.A. 86-1414.)
(70 ILCS 255/2024) (from Ch. 85, par. 7374)
Section 2-126. Sec. 2024. Contracts; award to other than
highest or lowest bidder by vote of 4 Board members. (a) All
contracts for the sale of property of the a value of more
than $2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment,
and services, when the expense thereof will exceed $2,500,
shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) except (i) when repair
parts, accessories, equipment, or services are required for
equipment or services previously furnished or contracted for;
(2), (ii) 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, limitation the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill;, and (3) (iii) when services such as water, light,
heat, power, telephone, or telegraph are required.
(b) All contracts involving less than $2,500 shall be let
by competitive bidding to the lowest responsible bidder
whenever possible and, in any event, in a manner calculated
to ensure 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 those leases upon such
terms as it deems advisable.
(c) In determining the responsibility of any bidder, the
Board may take into account the past record 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 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 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 after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be is received, the Board may award such
the contract, without competitive bidding, provided that it
shall if the contract is not be less advantageous to the
Authority than any valid bid received pursuant in response to
advertisement.
(f) The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 86-1414.)
(70 ILCS 255/2025) (from Ch. 85, par. 7375)
Section 2-130. Sec. 2025. Bids and advertisements. (a)
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
the advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements for bids 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 insure
free and open competitive bidding.
(b) 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.
(c) 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 open to public inspection. All bids shall
be void if any disclosure of the terms of any bid in response
to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. (d) Any bidder who has submitted a bid in
compliance with the requirements for bidding may bring a
civil action in the circuit court in of 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. 86-1414.)
(70 ILCS 255/2026) (from Ch. 85, par. 7376)
Section 2-135. Sec. 2026. 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 the report shall be printed for distribution to persons
interested upon request, and a copy thereof of the report
shall be filed with the county clerk and the appointing
officers.
(Source: P.A. 86-1414.)
(70 ILCS 255/2027) (from Ch. 85, par. 7377)
Section 2-140. State financial Sec. 2027. Civic Center
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. 86-1414.)
(70 ILCS 255/2028) (from Ch. 85, par. 7378)
Section 2-145. Sec. 2028. Antitrust laws. The
Authority is expressly made the beneficiary of the provisions
of Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, 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) (i) expressly or by
necessary implication authorized by this Article or other
Illinois law or (2) (ii) within traditional areas of local
governmental activity.
(Source: P.A. 86-1414.)
(70 ILCS 255/2029) (from Ch. 85, par. 7379)
Section 2-150. Sec. 2029. Tax exemption. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein within the State.
(Source: P.A. 86-1414.)
(70 ILCS 255/2030) (from Ch. 85, par. 7380)
Section 2-30. Sec. 2030. Prompt payment. Purchases made
under this Article shall be made in compliance with the Local
Government Prompt Payment Act.
(Source: P.A. 86-1414.)
PART 70. CRYSTAL LAKE CIVIC CENTER
(70 ILCS 305/2-1) (from Ch. 85, par. 6301)
Section 2-3. Purpose. Sec. 2-1. 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. 85-793.)
(70 ILCS 305/2-2) (from Ch. 85, par. 6302)
Section 70-1. Short title. Sec. 2-2. * * * (nonstandard
provisions contained in Section 70-1) * * *
(Source: P.A. 85-793.)
(70 ILCS 305/2-3) (from Ch. 85, par. 6303)
Section 2-5. Definitions. Sec. 2-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 70-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 70-5)
* * *
(Source: P.A. 87-1208.)
(70 ILCS 305/2-4) (from Ch. 85, par. 6304)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
(nonstandard provisions contained in Section 70-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 70-10) * * *
(Source: P.A. 85-793.)
(70 ILCS 305/2-5) (from Ch. 85, par. 6305)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 2-5. 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. 85-793.)
(70 ILCS 305/2-6) (from Ch. 85, par. 6306)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 85-793.)
(70 ILCS 305/2-7) (from Ch. 85, par. 6307)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 85-793.)
(70 ILCS 305/2-8) (from Ch. 85, par. 6308)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-8. 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, useful for its purposes, and (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. 85-793.)
(70 ILCS 305/2-9) (from Ch. 85, par. 6309)
Section 2-40. Federal money. Sec. 2-9. 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. 85-793.)
(70 ILCS 305/2-10) (from Ch. 85, par. 6310)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 85-793.)
(70 ILCS 305/2-11) (from Ch. 85, par. 6311)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. 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 "An
Act to authorize public corporations to issue bonds, other
evidences or indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 fact
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. 85-793.)
(70 ILCS 305/2-12) (from Ch. 85, par. 6312)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 aforesaid.
(Source: P.A. 85-793.)
(70 ILCS 305/2-13) (from Ch. 85, par. 6313)
Section 2-60. Investment in bonds. Sec. 2-13. 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. 85-793.)
(70 ILCS 305/2-14) (from Ch. 85, par. 6314)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-14. * * * (nonstandard provisions
contained in Section 70-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/2-15) (from Ch. 85, par. 6315)
Section 2-80. Board members' oath. Sec. 2-15. * * *
(nonstandard provisions contained in Section 70-20) * * *
Within 30 days after certification of his appointment, and
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. 85-793.)
(70 ILCS 305/2-16) (from Ch. 85, par. 6316)
Section 2-85. Board members; vacancy in office. Sec.
2-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 70-25) * * *
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, a member's his
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. 85-793.)
(70 ILCS 305/2-17) (from Ch. 85, par. 6317)
Section 2-90. Organization of the Board. Sec. 2-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 85-793.)
(70 ILCS 305/2-18) (from Ch. 85, par. 6318)
Section 2-95. Meetings; action by 5 Board members. Sec.
2-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 85-793.)
(70 ILCS 305/2-19) (from Ch. 85, par. 6319)
Section 2-100. Secretary; treasurer. Sec. 2-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/2-20) (from Ch. 85, par. 6320)
Section 2-105. Funds. Sec. 2-20. 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. 85-793.)
(70 ILCS 305/2-21) (from Ch. 85, par. 6321)
Section 2-110. Signatures on checks or drafts. Sec.
2-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature,
nevertheless, shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 85-793.)
(70 ILCS 305/2-22) (from Ch. 85, par. 6322)
Section 2-115. General manager; other appointments. Sec.
2-22. 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 It 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. 85-793.)
(70 ILCS 305/2-23) (from Ch. 85, par. 6323)
Section 2-122. Rules and regulations; penalties. Sec.
2-23. 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. 85-793.)
(70 ILCS 305/2-24) (from Ch. 85, par. 6324)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 2-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 85-793.)
(70 ILCS 305/2-25) (from Ch. 85, par. 6325)
Section 2-130. Bids and advertisements. Sec. 2-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section 70-30)
* * *
(Source: P.A. 85-793.)
(70 ILCS 305/2-26) (from Ch. 85, par. 6326)
Section 2-135. Report and financial statement. Sec.
2-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 85-793.)
(70 ILCS 305/2-27) (from Ch. 85, par. 6327)
Section 2-140. State financial support. Sec. 2-27. 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. 85-793.)
(70 ILCS 305/2-28) (from Ch. 85, par. 6328)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 85-793.)
(70 ILCS 305/2-29) (from Ch. 85, par. 6329)
Section 2-150. Tax exemption. Sec. 2-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 85-793.)
(70 ILCS 305/2-30) (from Ch. 85, par. 6330)
Section 2-30. Prompt payment. Sec. 2-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act.
(Source: P.A. 85-793.)
PART 75. DECATUR CIVIC CENTER
(70 ILCS 265/1) (from Ch. 85, par. 1551)
Section 75-5. Purpose. Sec. 1.* * * (nonstandard
provisions contained in Section 75-5) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/1.1) (from Ch. 85, par. 1551.1)
Section 75-1. Short title. Sec. 1.1.* * * (nonstandard
provisions contained in Section 75-1) * * *.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/2) (from Ch. 85, par. 1552)
Section 2-5. Definitions. In this Article: Sec. 2.
* * * (nonstandard provisions contained in Section 75-10)
* * *
"Governmental Agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 75-10)
* * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/3) (from Ch. 85, par. 1553)
Section 2-10. Lawsuits; common seal. Sec. 3. * * *
(nonstandard provisions contained in Section 75-15) * * *
(a) The Authority may sue and be sued in its corporate
own name but execution shall not in any case issue against
any property of the Authority.
(b) The Authority It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 75-15) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/4) (from Ch. 85, par. 1554)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 4. 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. 79-794.)
(70 ILCS 265/5) (from Ch. 85, par. 1555)
Section 75-20. Rights and powers. Sec. 5. * * *
(nonstandard provisions contained in Section 75-20) * * *
(Source: P.A. 82-783.)
(70 ILCS 265/6) (from Ch. 85, par. 1556)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when
such obligations become payable.
(Source: P.A. 79-794.)
(70 ILCS 265/6.1) (from Ch. 85, par. 1556.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the "Local Government Prompt Payment Act",
approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 265/7) (from Ch. 85, par. 1557)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 7. 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) and 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. 79-794.)
(70 ILCS 265/8) (from Ch. 85, par. 1558)
Section 2-40. Federal money. Sec. 8. 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. 79-794.)
(70 ILCS 265/9) (from Ch. 85, par. 1559)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the performance
of the duties of the his office or employment, and against or
any other insurable risk.
(Source: P.A. 79-794.)
(70 ILCS 265/10) (from Ch. 85, par. 1560)
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said 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 and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of or
any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 265/11) (from Ch. 85, par. 1561)
Section 75-25. Bonds; nature of indebtedness. Sec. 11. *
* *(nonstandard provisions contained in Section 75-25)* * *
(Source: P.A. 79-794.)
(70 ILCS 265/12) (from Ch. 85, par. 1562)
Section 75-30. Investment in bonds. Sec. 12. * *
*(nonstandard provisions contained in Section 75-30)* * *
(Source: P.A. 79-794.)
(70 ILCS 265/13) (from Ch. 85, par. 1563)
Section 75-35. Bonds other than revenue bonds. Sec. 13. *
* *(nonstandard provisions contained in Section 75-35)* * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/14) (from Ch. 85, par. 1564)
Section 75-40. Tax. Sec. 14. * * *(nonstandard provisions
contained in Section 75-40)* * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/15) (from Ch. 85, par. 1565)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 15. * * * (nonstandard provisions contained in
Section 75-45) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/16) (from Ch. 85, par. 1566)
Section 2-80. Board members' oath. Sec. 16.* * *
(nonstandard provisions contained in Section 75-50) * * *
Within 30 days after certification of his appointment, and
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. 86-888; 86-907.)
(70 ILCS 265/17) (from Ch. 85, par. 1567)
Section 2-85. Board members; vacancy in office. Sec. 17.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take
effect when the member's his successor has been appointed
and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 79-794.)
(70 ILCS 265/18) (from Ch. 85, par. 1568)
Section 2-90. Organization of the Board. Sec. 18. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 79-794.)
(70 ILCS 265/19) (from Ch. 85, par. 1569)
Section 2-97. Board meetings; public records. Sec. 19.
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.
* * * (nonstandard provisions contained in Section 75-55)
* * *
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. 86-888; 86-907.)
(70 ILCS 265/20) (from Ch. 85, par. 1570)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 265/21) (from Ch. 85, par. 1571)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 265/22) (from Ch. 85, par. 1572)
Section 2-110. Signatures on checks or drafts. Sec. 22.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 79-794.)
(70 ILCS 265/23) (from Ch. 85, par. 1573)
Section 2-115. General manager; other appointments. Sec.
23. The Board may appoint a general manager who shall be a
person man 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 It 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. 79-794.)
(70 ILCS 265/24) (from Ch. 85, par. 1574)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 79-794.)
(70 ILCS 265/25) (from Ch. 85, par. 1575)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 25. All contracts for
sale of property of the value of more than $2500, or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except:
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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into 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 contract 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. 79-794.)
(70 ILCS 265/26) (from Ch. 85, par. 1576)
Section 2-130. Bids and advertisements. Sec. 26.
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 of 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 insure
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. 79-794.)
(70 ILCS 265/26a) (from Ch. 85, par. 1576a)
Section 2-150. Tax exemption. Sec. 26a. Exemption from
taxation. All property of the Decatur and Vermilion County
Civic Centers Authority shall be exempt from taxation by the
State or any taxing unit therein.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/26b) (from Ch. 85, par. 1576b)
Section 2-145. Antitrust laws. Sec. 26b. The Authority
is hereby expressly made the beneficiary of the provisions
of Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 265/26c) (from Ch. 85, par. 1576c)
Section 2-140. State financial support. Sec. 26c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 265/27) (from Ch. 85, par. 1577)
Section 2-135. Report and financial statement. Sec. 27.
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 as provided in Section 16.
(Source: P.A. 79-794.)
(70 ILCS 265/28) (from Ch. 85, par. 1578)
Section 2-155. Partial invalidity. Sec. 28. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article Act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act 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. 79-794.)
PART 80. DUPAGE COUNTY CIVIC CENTER
(70 ILCS 270/1-1) (from Ch. 85, par. 3401)
Section 80-1. Short title. Sec. 1-1. * * * (nonstandard
provisions contained in Section 80-1) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/1-2) (from Ch. 85, par. 3402)
Section 2-5. Definitions. Sec. 1-2. When used In this
Article:
* * * (nonstandard provisions contained in Section 80-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, both domestic and foreign,
company, association or joint stock joint-stock association;
and includes any trustee, receiver, assignee or personal
representative thereof.
* * * (nonstandard provisions contained in Section 80-5)
* * *
(Source: P.A. 85-791.)
(70 ILCS 270/1-3) (from Ch. 85, par. 3403)
Section 2-10. Lawsuits; common seal. Sec. 1-3. * * *
(nonstandard provisions contained in Section 80-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 80-10) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/1-4) (from Ch. 85, par. 3404)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 1-4. 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. 83-1456.)
(70 ILCS 270/1-5) (from Ch. 85, par. 3405)
Section 80-15. Rights and powers. Sec. 1-5. * * *
(nonstandard provisions contained in Section 80-15) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/1-6) (from Ch. 85, par. 3406)
Section 2-25. Incurring obligations. Sec. 1-6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-6.1) (from Ch. 85, par. 3406.1)
Section 2-30. Prompt payment. Sec. 1-6.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/1-7) (from Ch. 85, par. 3407)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-7. 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, from any
municipal corporation, body politic, or agency of the State,
or from the State itself, useful for its purposes, and (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. 83-1456.)
(70 ILCS 270/1-8) (from Ch. 85, par. 3408)
Section 2-40. Federal money. Sec. 1-8. 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. 83-1456.)
(70 ILCS 270/1-9) (from Ch. 85, par. 3409)
Section 2-45. Insurance. Sec. 1-9. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-10) (from Ch. 85, par. 3410)
Section 80-20. Borrowing; revenue bonds. Sec. 1-10. * *
* (nonstandard provisions contained in Section 80-20) * * *
(Source: P.A. 86-4.)
(70 ILCS 270/1-11) (from Ch. 85, par. 3411)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-11.
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 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
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 aforesaid.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-12) (from Ch. 85, par. 3412)
Section 2-60. Investment in bonds. Sec. 1-12. 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 Act, 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. 83-1456.)
(70 ILCS 270/1-13) (from Ch. 85, par. 3413)
Section 80-25. Bonds other than revenue bonds. Sec.
1-13. * * * (nonstandard provisions contained in Section
80-25) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/1-14) (from Ch. 85, par. 3414)
Section 80-30. Tax. Sec. 1-14. * * * (nonstandard
provisions contained in Section 80-30) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/1-15) (from Ch. 85, par. 3415)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 1-15. * * * (nonstandard provisions contained
in Section 80-35) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-16) (from Ch. 85, par. 3416)
Section 2-80. Board members' oath. Sec. 1-16. * * *
(nonstandard provisions contained in Section 80-40) * * *
Within 30 days after certification of his appointment, and
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. 83-1456.)
(70 ILCS 270/1-17) (from Ch. 85, par. 3417)
Section 2-85. Board members; vacancy in office. Sec.
1-17. Members of the board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-1456.)
(70 ILCS 270/1-18) (from Ch. 85, par. 3418)
Section 2-90. Organization of the Board. Sec. 1-18. 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 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 the chairman's his office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-19) (from Ch. 85, par. 3419)
Section 2-95. Meetings; action by 5 Board members. Sec.
1-19. 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 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 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. 83-1456.)
(70 ILCS 270/1-20) (from Ch. 85, par. 3420)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 1-20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-21) (from Ch. 85, par. 3421)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 1-21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-22) (from Ch. 85, par. 3422)
Section 2-110. Signatures on checks or drafts. Sec.
1-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-23) (from Ch. 85, par. 3423)
Section 2-115. General manager; other appointments. Sec.
1-23. 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 It 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. 83-1456.)
(70 ILCS 270/1-24) (from Ch. 85, par. 3424)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 1-24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-25) (from Ch. 85, par. 3425)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 1-25. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 83-1456.)
(70 ILCS 270/1-26) (from Ch. 85, par. 3426)
Section 2-130. Bids and advertisements. Sec. 1-26.
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 of 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 insure
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. 83-1456.)
(70 ILCS 270/1-27) (from Ch. 85, par. 3427)
Section 2-150. Tax Sec. 1-27. exemption from taxation.
All property of the DuPage County Civic Center Authority
shall be exempt from taxation by the State or any taxing unit
therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-28) (from Ch. 85, par. 3428)
Section 2-135. Report and financial statement. Sec.
1-28. 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 as provided in Section 1-16.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-29) (from Ch. 85, par. 3429)
Section 2-145. Antitrust laws. Sec. 1-29. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 270/1-30) (from Ch. 85, par. 3430)
Section 2-140. State financial support. Sec. 1-30. The
Authority created by this Article Act 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. 83-1456.)
PART 85. ELGIN CIVIC CENTER
(70 ILCS 270/3-1) (from Ch. 85, par. 3601)
Section 2-3. Purpose. Sec. 3-1. The purpose of this
Article Act 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. 83-1456.)
(70 ILCS 270/3-2) (from Ch. 85, par. 3602)
Section 85-1. Short title. Sec. 3-2. * * * (nonstandard
provisions contained in Section 85-1) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/3-3) (from Ch. 85, par. 3603)
Section 2-5. Definitions. Sec. 3-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 85-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 85-5)
* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/3-4) (from Ch. 85, par. 3604)
Section 2-10. Lawsuits; common seal. Sec. 3-4. * * *
(nonstandard provisions contained in Section 85-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 85-10) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/3-5) (from Ch. 85, par. 3605)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 3-5. 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
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. 83-1456.)
(70 ILCS 270/3-6) (from Ch. 85, par. 3606)
Section 2-20. Rights and powers, including eminent
domain. Sec. 3-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-7) (from Ch. 85, par. 3607)
Section 2-25. Incurring obligations. Sec. 3-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-7.1) (from Ch. 85, par. 3607.1)
Section 2-30. Prompt payment. Sec. 3-7.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/3-8) (from Ch. 85, par. 3608)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 3-8. 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, useful for its purposes, and (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. 83-1456.)
(70 ILCS 270/3-9) (from Ch. 85, par. 3609)
Section 2-40. Federal money. Sec. 3-9. 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. 83-1456.)
(70 ILCS 270/3-10) (from Ch. 85, par. 3610)
Section 2-45. Insurance. Sec. 3-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-11) (from Ch. 85, par. 3611)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 3-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1456.)
(70 ILCS 270/3-12) (from Ch. 85, par. 3612)
Section 2-55. Bonds; nature of indebtedness. Sec. 3-12.
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 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
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 aforesaid.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-13) (from Ch. 85, par. 3613)
Section 2-60. Investment in bonds. Sec. 3-13. 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 Act, 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. 83-1456.)
(70 ILCS 270/3-14) (from Ch. 85, par. 3614)
Section 2-65. Bonds other than revenue bonds. Sec. 3-14.
No bonds, other than revenue bonds issued pursuant to Section
2-50 3-11, shall be issued by the Authority until the
proposition to issue the bonds same has been submitted to and
approved by a majority of the voters of the said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order the 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 under this
Section as herein set forth shall be in substantially the
following form:
Shall bonds of the (name of Authority) "Elgin YES
Metropolitan Exposition, Auditorium and Office Building
Authority" to the amount of $(amount) ..... Dollars ($
) be issued for the purpose of (state purpose) ....? NO
The votes shall be recorded as "Yes" or "No".
(Source: P.A. 83-1456.)
(70 ILCS 270/3-15) (from Ch. 85, par. 3615)
Section 2-70. Tax. Sec. 3-15. If a majority of the
voters of the said metropolitan area approve the issuance of
bonds as provided in Section 2-65 3-14 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Upon the filing of
the ordinance 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. 83-1456.)
(70 ILCS 270/3-16) (from Ch. 85, par. 3616)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 3-16. * * * (nonstandard provisions
contained in Section 85-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-17) (from Ch. 85, par. 3617)
Section 2-80. Board members' oath. Sec. 3-17. * * *
(nonstandard provisions contained in Section 85-20) * * *
Within 30 days after certification of his appointment, and
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. 83-1456.)
(70 ILCS 270/3-18) (from Ch. 85, par. 3618)
Section 2-85. Board members; vacancy in office. Sec.
3-18. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85 resumed)
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, a member's his
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. 83-1456.)
(70 ILCS 270/3-19) (from Ch. 85, par. 3619)
Section 2-90. Organization of the Board. Sec. 3-19. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-20) (from Ch. 85, par. 3620)
Section 2-96. Meetings; action by 4 Board members. Sec.
3-20. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-21) (from Ch. 85, par. 3621)
Section 2-100. Secretary; treasurer. Sec. 3-21. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-22) (from Ch. 85, par. 3622)
Section 85-25. Funds; compliance with Public Funds
Investment Act. Sec. 3-22. * * * (nonstandard provisions
contained in Section 85-25) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/3-23) (from Ch. 85, par. 3623)
Section 2-110. Signatures on checks or drafts. Sec.
3-23. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-24) (from Ch. 85, par. 3624)
Section 2-115. General manager; other appointments. Sec.
3-24. 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 It 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. 83-1456.)
(70 ILCS 270/3-25) (from Ch. 85, par. 3625)
Section 2-122. Rules and regulations; penalties. Sec.
3-25. 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. 83-1456.)
(70 ILCS 270/3-26) (from Ch. 85, par. 3626)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 3-26. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-1456.)
(70 ILCS 270/3-27) (from Ch. 85, par. 3627)
Section 2-130. Bids and advertisements. Advertisements
Sec. 3-27. Advertisement 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 of 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 insure 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.
* * * (nonstandard provisions contained in Section 85-30)
* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/3-28) (from Ch. 85, par. 3628)
Section 2-135. Report and financial statement. Sec.
3-28. 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. 83-1456.)
(70 ILCS 270/3-29) (from Ch. 85, par. 3629)
Section 2-150. Tax exemption. Sec. 3-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/3-30) (from Ch. 85, par. 3630)
Section 2-140. State financial report. Sec. 3-30. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 270/3-31) (from Ch. 85, par. 3631)
Section 2-145. Antitrust laws. Sec. 3-31. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
PART 90. FOREST PARK CIVIC CENTER
(70 ILCS 275/3001) (from Ch. 85, par. 7401)
Section 90-1. Sec. 3001. Short title. * * * (nonstandard
provisions contained in Section 90-1) * * *
(Source: P.A. 86-1414.)
(70 ILCS 275/3002) (from Ch. 85, par. 7402)
Section 2-3. Sec. 3002. 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. 86-1414.)
(70 ILCS 275/3003) (from Ch. 85, par. 7403)
Section 2-5. Sec. 3003. Definitions. In this Article:
* * * (nonstandard provisions contained in Section 90-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and together with any agency or
instrumentality of their agencies or instrumentalities,
corporate or otherwise thereof.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, company, association, or
joint stock association; and includes any trustee, receiver,
assignee of their trustees, receivers, assignees, or personal
representative thereof representatives.
* * * (nonstandard provisions contained in Section 90-5)
* * *
(Source: P.A. 86-1414.)
(70 ILCS 275/3004) (from Ch. 85, par. 7404)
Section 2-10. Lawsuits; common seal. Sec. 3004. Creation
of Authority. * * * (nonstandard provisions contained in
Section 90-10) * * *
(a) (b) 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 It may adopt a common seal and change
the same seal at its pleasure. * * * (nonstandard provisions
contained in Section 90-10) * * *
(Source: P.A. 86-1414.)
(70 ILCS 275/3005) (from Ch. 85, par. 7405)
Section 2-15. Sec. 3005. Duties; auditorium,
recreational, and other buildings; lease of space. It shall
be the duty of the Authority to shall 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 with its duties, the
Authority shall arrange, finance, and maintain industrial,
cultural, educational, theatrical, sports, trade, and
scientific exhibits and to shall construct, equip, and
maintain auditorium, exposition, recreational, and office
buildings for such those purposes.
The provision of Providing office space for lease and
rental and the lease of leasing air space over and
appurtenant to such those structures shall be deemed an are
integral function functions of the Authority.
The Authority is granted all rights and powers necessary
to perform such its duties.
(Source: P.A. 86-1414.)
(70 ILCS 275/3006) (from Ch. 85, par. 7406)
Section 90-12. Sec. 3006. Powers. * * * (nonstandard
provisions contained in Section 90-12) * * *
(Source: P.A. 86-1414.)
(70 ILCS 275/3007) (from Ch. 85, par. 7407)
Section 2-25. Sec. 3007. 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 those
obligations become payable.
(Source: P.A. 86-1414.)
(70 ILCS 275/3008) (from Ch. 85, par. 7408)
Section 2-35. Sec. 3008. Acquisition of property from
person, State, or local agency; State money. The Authority
shall have has 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, from any municipal corporation, body politic, or
agency of the State, or from the State itself, 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 of the State 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 those grants, matching grants, loans, or
appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 275/3009) (from Ch. 85, par. 7409)
Section 2-40. Sec. 3009. Federal money. The Authority
shall have has the power (i) to apply for and accept grants,
matching grants, loans, or appropriations from the federal
government or any agency or instrumentality thereof of the
federal government 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 those grants, matching
grants, loans, or appropriations.
(Source: P.A. 86-1414.)
(70 ILCS 275/3010) (from Ch. 85, par. 7410)
Section 2-45. Sec. 3010. Insurance. The Authority shall
have has 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 his or her office or
employment, and against any other insurable risk.
(Source: P.A. 86-1414.)
(70 ILCS 275/3011) (from Ch. 85, par. 7411)
Section 2-50. Sec. 3011. Borrowing; revenue bonds; suits
to compel performance. (a) The Authority shall have has
continuing power to borrow money for the purpose of carrying
out and performing its duties and exercising its powers under
this Article.
(b) For the purpose of evidencing the obligation of the
Authority to repay any money so 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 of the bonds. All such the 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 The bonds (i) may bear such a date or
dates, (ii) may mature at such a time or times not exceeding
40 years from their respective dates, (iii) may bear interest
at such a rate or rates not exceeding the maximum rate
permitted by the Bond Authorization Act, (iv) may be in such
a form, (v) may carry such registration privileges, (vi) may
be executed in such a manner, (vii) may be payable at such a
place or places, (viii) may be made subject to redemption in
such a manner and upon such terms, with or without premium as
is stated on the face thereof of the bonds, (ix) may be
executed in such a manner, and (x) may contain such terms and
covenants, all as may be provided in said the ordinance
authorizing the issuance of the bonds. In case any officer
whose signature appears on any bond ceases (after attaching
his signature) to hold office after attaching his or her
signature, his that signature shall nevertheless be valid and
effective for all purposes. The holder or holders of any
bonds or bond interest coupons appertaining thereto issued by
the Authority may bring suits at law or proceedings in equity
(i) 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
those bonds or interest coupons, (ii) 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 of those bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
(iii) to enjoin the Authority and any of its officers,
agents, or employees from taking any action in conflict with
any such the contract or covenant.
(c) Notwithstanding the form and tenor of any such bonds
bond and in the absence of any express recital on the face
thereof of the bond that it is non-negotiable nonnegotiable,
all such bonds shall be negotiable instruments under the
Uniform Commercial Code.
(d) From and after the issuance of any bonds as herein
provided in this Section it shall be the duty of the
corporate authorities of the Authority Board 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 those bonds
that are sufficient at all times, with other revenues of the
Authority, to pay:
(a) (i) the cost of maintaining, repairing, regulating,
and operating the said those facilities; and
(b) (ii) the bonds principal of and interest thereon on
the bonds 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 of the
bonds.
(e) 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 of the bonds and the issuance of any additional bonds
payable from such the 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, but no lien upon any physical
property of the Authority shall be created thereby by a trust
agreement.
(f) A remedy for any breach or default by the Authority
of the terms of any such a 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 the action may be instituted.
(g) Before any such bonds (excepting refunding bonds)
are sold, the entire authorized issue, or any part thereof of
that issue, 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 the 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,
however, the 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 under any advertisement.
(Source: P.A. 86-1414.)
(70 ILCS 275/3012) (from Ch. 85, par. 7412)
Section 2-55. Bonds; nature of Sec. 3012. Limitation on
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. 86-1414.)
(70 ILCS 275/3013) (from Ch. 85, par. 7413)
Section 2-60. Sec. 3013. Investment in bonds. The State
and, all counties, cities, villages, incorporated towns and,
other municipal corporations, political subdivisions, and
public bodies, and any of their 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 under this Article, it being the purpose of this
Section to authorize the investment in such those 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,
however, relieves any person from any duty of exercising
reasonable care in selecting securities for investment.
(Source: P.A. 86-1414.)
(70 ILCS 275/3014) (from Ch. 85, par. 7414)
Section 2-75. Sec. 3014. Creation of the Board members;
financial matters; conflict of interest. * * * (nonstandard
provisions contained in Section 90-15) * * * 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 nor in
the sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 275/3015) (from Ch. 85, par. 7415)
Section 2-80. Board members' oath. Sec. 3015. Members of
the Board. * * * (nonstandard provisions contained in Section
90-20) * * * 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. 86-1414.)
(70 ILCS 275/3016) (from Ch. 85, par. 7416)
Section 2-85. Board members; Sec. 3016. 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 to take
effect when the member's his or her successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 90-25) * * *
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. 86-1414.)
(70 ILCS 275/3017) (from Ch. 85, par. 7417)
Section 2-90. Sec. 3017. 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 bylaws and regulations to
govern its proceedings. The initial chairman and his or her
successors shall be elected by the Board from time to time
for the term of the chairman's his or her office as a member
of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 86-1414.)
(70 ILCS 275/3018) (from Ch. 85, par. 7418)
Section 2-97. Board meetings; public records. Sec. 3018.
Meetings; ordinances. Regular meetings of the Board shall be
held at least once in each calendar month, the time and place
of such the meetings to be fixed by the Board. * * *
(nonstandard provisions contained in Section 90-30) * * *
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 those 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. 86-1414.)
(70 ILCS 275/3019) (from Ch. 85, par. 7419)
Section 2-100. Sec. 3019. 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 and shall be conditioned 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 depository for those funds. The
oaths of office and the treasurer's bonds shall be filed in
the principal office of the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 275/3020) (from Ch. 85, par. 7420)
Section 2-105. Sec. 3020. 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. 86-1414.)
(70 ILCS 275/3021) (from Ch. 85, par. 7421)
Section 2-110. Sec. 3021. Signatures on checks or drafts.
In case any officer whose signature appears upon any check or
draft issued pursuant to under 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 person had remained in
office until delivery.
(Source: P.A. 86-1414.)
(70 ILCS 275/3022) (from Ch. 85, par. 7422)
Section 2-115. Sec. 3022. 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 its 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 It shall
define their duties and require bonds of such of them as
those that the Board may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to under 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. 86-1414.)
(70 ILCS 275/3023) (from Ch. 85, par. 7423)
Section 2-122. Sec. 3023. Rules and regulations;
penalties. The Board shall have power to may make all rules
and regulations that are proper or necessary to carry into
effect the powers granted to the Authority, with such
penalties for violation as may be deemed proper.
(Source: P.A. 86-1414.)
(70 ILCS 275/3024) (from Ch. 85, par. 7424)
Section 90-35. Sec. 3024. Contracts; award to other than
highest or lowest bidder by vote of 3 Board members. * * *
(nonstandard provisions contained in Section 90-35) * * *
(Source: P.A. 86-1414.)
(70 ILCS 275/3025) (from Ch. 85, par. 7425)
Section 2-130. Sec. 3025. Bids and advertisements. (a)
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
the advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements for bids 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 insure
free and open competitive bidding.
(b) 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.
(c) The contract shall be awarded as promptly as
possible after the opening of bids. The bid of the
successful bidder, as well as the bids of the unsuccessful
bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the
terms of any bid in response to an advertisement is made or
permitted to be made by the Board before the time fixed for
opening bids.
Section 2-132. Bidders; civil action to compel
compliance. (d) Any bidder who has submitted a bid in
compliance with the requirements for bidding may bring a
civil action in the circuit court in of 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. 86-1414.)
(70 ILCS 275/3026) (from Ch. 85, par. 7426)
Section 2-135. Sec. 3026. 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 the report shall be printed for distribution to persons
interested upon request, and a copy thereof of the report
shall be filed with the county clerk and the appointing
officers.
(Source: P.A. 86-1414.)
(70 ILCS 275/3027) (from Ch. 85, par. 7427)
Section 2-140. State financial Sec. 3027. Civic Center
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. 86-1414.)
(70 ILCS 275/3028) (from Ch. 85, par. 7428)
Section 2-145. Anti-trust Sec. 3028. Antitrust laws.
The Authority is expressly made the beneficiary of the
provisions of Section 1 of the Local Government Anti-trust
Exemption Act "An Act to make explicit the authorization for
units of local government and certain other governmental
bodies to act as permitted by statute or the Illinois
Constitution, notwithstanding effects on competition",
amendatory veto overridden November 3, 1983, and the General
Assembly intends that the "State action exemption" to the
application of the federal anti-trust laws be fully available
to the Authority to the extent its activities are either (1)
(i) expressly or by necessary implication authorized by this
Article or other Illinois law or (2) (ii) within traditional
areas of local governmental activity.
(Source: P.A. 86-1414.)
(70 ILCS 275/3029) (from Ch. 85, par. 7429)
Section 2-150. Sec. 3029. Tax exemption. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein within the State.
(Source: P.A. 86-1414.)
(70 ILCS 275/3030) (from Ch. 85, par. 7430)
Section 2-30. Sec. 3030. Prompt payment. Purchases made
under this Article shall be made in compliance with the Local
Government Prompt Payment Act.
(Source: P.A. 86-1414.)
PART 95. HERRIN CIVIC CENTER
(70 ILCS 280/1-1) (from Ch. 85, par. 2701)
Section 2-3. Purpose. Sec. 1-1. The purpose of this
Article Act 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. 83-911.)
(70 ILCS 280/1-2) (from Ch. 85, par. 2702)
Section 95-1. Short title. Sec. 1-2. * * *(nonstandard
provisions contained in Section 95-1)* * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3) (from Ch. 85, par. 2703)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article Act:
* * *(nonstandard provisions contained in Section 95-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 95-5)* * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4) (from Ch. 85, par. 2704)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
*(nonstandard provisions contained in Section 95-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 95-10)* * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-5) (from Ch. 85, par. 2705)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 1-5. 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
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. 83-911.)
(70 ILCS 280/1-6) (from Ch. 85, par. 2706)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-911.)
(70 ILCS 280/1-7) (from Ch. 85, par. 2707)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-911.)
(70 ILCS 280/1-7.1) (from Ch. 85, par. 2707.1)
Section 2-30. Prompt payment. Sec. 1-7.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 280/1-8) (from Ch. 85, par. 2708)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-8. 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, useful for its purposes, (ii) and 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. 83-911.)
(70 ILCS 280/1-9) (from Ch. 85, par. 2709)
Section 2-40. Federal money. Sec. 1-9. 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. 83-911.)
(70 ILCS 280/1-10) (from Ch. 85, par. 2710)
Section 2-45. Insurance. Sec. 1-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-911.)
(70 ILCS 280/1-11) (from Ch. 85, par. 2711)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-911.)
(70 ILCS 280/1-12) (from Ch. 85, par. 2712)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 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
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 aforesaid.
(Source: P.A. 83-911.)
(70 ILCS 280/1-13) (from Ch. 85, par. 2713)
Section 2-60. Investment in bonds. Sec. 1-13. 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 Act, 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. 83-911.)
(70 ILCS 280/1-14) (from Ch. 85, par. 2714)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * *(nonstandard provisions
contained in Section 95-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15) (from Ch. 85, par. 2715)
Section 2-80. Board members' oath. Sec. 1-15. * *
*(nonstandard provisions contained in Section 95-20)* * *
Within 30 days after certification of his appointment, and
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. 83-911.)
(70 ILCS 280/1-16) (from Ch. 85, par. 2716)
Section 2-85. Board members; vacancy in office. Sec.
1-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85 resumed)
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, a member's his
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. 83-911.)
(70 ILCS 280/1-17) (from Ch. 85, par. 2717)
Section 2-90. Organization of the Board. Sec. 1-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-911.)
(70 ILCS 280/1-18) (from Ch. 85, par. 2718)
Section 2-96. Meetings; action by 4 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 83-911.)
(70 ILCS 280/1-19) (from Ch. 85, par. 2719)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him 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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-911.)
(70 ILCS 280/1-20) (from Ch. 85, par. 2720)
Section 2-105. Funds. Sec. 1-20. 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. 83-911.)
(70 ILCS 280/1-21) (from Ch. 85, par. 2721)
Section 2-110. Signatures on checks or drafts. Sec.
1-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 83-911.)
(70 ILCS 280/1-22) (from Ch. 85, par. 2722)
Section 2-115. General manager; other appointments.
Sec. 1-22. 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 It 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. 83-911.)
(70 ILCS 280/1-23) (from Ch. 85, par. 2723)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 83-911.)
(70 ILCS 280/1-24) (from Ch. 85, par. 2724)
Sec. 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-911.)
(70 ILCS 280/1-25) (from Ch. 85, par. 2725)
Section 2-130. Bids and advertisements. Sec. 1-25.
Advertisements Advertisement 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 of 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 insure free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-911.)
(70 ILCS 280/1-26) (from Ch. 85, par. 2726)
Section 2-135. Report and financial statement. Sec.
1-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 83-911.)
(70 ILCS 280/1-27) (from Ch. 85, par. 2727)
Section 2-140. State financial support. Sec. 1-27. The
Authority Authorities created by this Article Act 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. 83-911.)
(70 ILCS 280/1-28) (from Ch. 85, par. 2728)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 280/1-29) (from Ch. 85, par. 2729)
Section 2-150. Tax exemption. Sec. 1-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
PART 100. ILLINOIS INTERNATIONAL CONVENTION CENTER
(70 ILCS 270/6-1) (from Ch. 85, par. 3901)
Section 100-1. Short title. Sec. 6-1. * * *(nonstandard
provisions contained in Section 100-1)* * *
(Source: P.A. 86-1414.)
(70 ILCS 270/6-2) (from Ch. 85, par. 3902)
Section 2-5. Definitions. Sec. 6-2. As used In this
Article, unless the context otherwise requires:
* * *(nonstandard provisions contained in Section 100-5)*
* *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 100-5)*
* *
(Source: P.A. 86-1414.)
(70 ILCS 270/6-3) (from Ch. 85, par. 3903)
Section 2-10. Lawsuits; common seal. Sec. 6-3. * *
*(nonstandard provisions contained in Section 100-10)* * *
(a) The Authority may sue and be sued in its corporate
own 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 such seal at its pleasure. * * *(nonstandard provisions
contained in Section 100-10)* * *
(Source: P.A. 86-1414.)
(70 ILCS 270/6-4) (from Ch. 85, par. 3904)
Section 2-17. Duties; auditorium and other buildings.
Sec. 6-4. 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. 83-1456.)
(70 ILCS 270/6-5) (from Ch. 85, par. 3905)
Section 2-21. Rights and powers. Sec. 6-5. The
Authority shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To 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. 83-1456.)
(70 ILCS 270/6-6) (from Ch. 85, par. 3906)
Section 2-25. Incurring obligations. Sec. 6-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-6.1) (from Ch. 85, par. 3906.1)
Section 2-30. Prompt payment. Sec. 6-6.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/6-7) (from Ch. 85, par. 3907)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 6-7. 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) and 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. 83-1456.)
(70 ILCS 270/6-8) (from Ch. 85, par. 3908)
Section 2-40. Federal money. Sec. 6-8. 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. 83-1456.)
(70 ILCS 270/6-9) (from Ch. 85, par. 3909)
Section 2-45. Insurance. Sec. 6-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-10) (from Ch. 85, par. 3910)
Section 100-15. Borrowing; revenue bonds. Sec. 6-10.
* * *(nonstandard provisions contained in Section 100-15)* *
*
(Source: P.A. 83-1456.)
(70 ILCS 270/6-11) (from Ch. 85, par. 3911)
Section 100-20. Bonds; nature of indebtedness. Sec.
6-11. * * * (nonstandard provisions contained in Section
100-20) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/6-12) (from Ch. 85, par. 3912)
Section 100-25. Investment in bonds. Sec. 6-12. * * *
(nonstandard provisions contained in Section 100-25) * * *
(Source: P.A. 83-1456.)
(70 ILCS 270/6-13) (from Ch. 85, par. 3913)
Section 100-30. Bonds other than revenue bonds;
election. Sec. 6-13. * * *(nonstandard provisions contained
in Section 100-30)* * *
(Source: P.A. 86-1414.)
(70 ILCS 270/6-14) (from Ch. 85, par. 3914)
Section 100-35. Tax. Sec. 6-14. * * *(nonstandard
provisions contained in Section 100-35)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/6-15) (from Ch. 85, par. 3915)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 6-15. * * *(nonstandard provisions
contained in Section 100-40)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 270/6-16) (from Ch. 85, par. 3916)
Section 2-80. Board members' oath. Sec. 6-16. * *
*(nonstandard provisions contained in Section 100-45)* * *
Within 30 days after certification of his appointment, and
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. 86-1414.)
(70 ILCS 270/6-17) (from Ch. 85, par. 3917)
Section 2-85. Board members; vacancy in office. Sec.
6-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member him, and by providing him an opportunity to be
publicly heard in person or by counsel in the member's his
own defense upon not less than 10 days' notice.
(Section 2-85, resumed)
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-18) (from Ch. 85, par. 3918)
Section 2-90. Organization of the Board. Sec. 6-18. As
soon as practicably possible practicable 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 his office
as a member of the Board or for the a term of 3 years,
whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-19) (from Ch. 85, par. 3919)
Section 2-95. Meetings; action by 5 Board members. Sec.
6-19. 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 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 ordinances, resolutions and records of 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. 86-1414.)
(70 ILCS 270/6-20) (from Ch. 85, par. 3920)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 6-20. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-21) (from Ch. 85, par. 3921)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 6-21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-22) (from Ch. 85, par. 3922)
Section 2-110. Signatures on checks or drafts. Sec.
6-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-23) (from Ch. 85, par. 3923)
Section 2-115. General manager; other appointments.
Sec. 6-23. The Board may appoint a general manager who shall
be a person of recognized ability and business experience, to
hold office during at the pleasure of the Board. The general
manager shall have management of manage the properties and
business of the Authority and of the employees thereof
subject to the general control of the Board, and 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. 83-1456.)
(70 ILCS 270/6-24) (from Ch. 85, par. 3924)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 6-24. 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. 83-1456.)
(70 ILCS 270/6-25) (from Ch. 85, par. 3925)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 6-25. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 83-1456.)
(70 ILCS 270/6-26) (from Ch. 85, par. 3926)
Section 2-130. Bids and advertisements. Sec. 6-26.
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 of 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 insure
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. 83-1456.)
(70 ILCS 270/6-27) (from Ch. 85, par. 3927)
Section 100-50. Report and financial statement. Sec.
6-27. * * *(nonstandard provisions contained in Section
100-50)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/6-28) (from Ch. 85, par. 3928)
Section 2-145. Antitrust laws. Sec. 6-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-29) (from Ch. 85, par. 3929)
Section 2-150. Tax exemption. Sec. 6-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/6-30) (from Ch. 85, par. 3930)
Section 2-140. State financial support. Sec. 6-30. The
Authority created by this Article Act 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. 83-1456.)
PART 105. ILLINOIS-MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR CIVIC CENTER
(70 ILCS 285/1) (from Ch. 85, par. 2601)
Section 105-1. Short title. Sec. 1.* * *(nonstandard
provisions contained in Section 105-1)* * *
(Source: P.A. 85-791.)
(70 ILCS 285/2) (from Ch. 85, par. 2602)
Section 2-5. Definitions. Sec. 2. In this Article:
* * *(nonstandard provisions contained in Section 105-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 105-5)*
* *
(Source: P.A. 85-791.)
(70 ILCS 285/3) (from Ch. 85, par. 2603)
Section 2-10. Lawsuits; common seal. Sec. 3. * *
*(nonstandard provisions contained in Section 105-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 105-10)* * *
(Source: P.A. 85-791.)
(70 ILCS 285/4) (from Ch. 85, par. 2604)
Section 105-15. Duties. Sec. 4. * * *(nonstandard
provisions contained in Section 105-15)* * *
(Source: P.A. 83-893.)
(70 ILCS 285/5) (from Ch. 85, par. 2605)
Section 105-20. Rights and powers. Sec. 5. * *
*(nonstandard provisions contained in Section 105-20)* * *
(Source: P.A. 83-893.)
(70 ILCS 285/6) (from Ch. 85, par. 2606)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-893.)
(70 ILCS 285/6.1) (from Ch. 85, par. 2606.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the "Local Government Prompt Payment Act",
approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 285/7) (from Ch. 85, par. 2607)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 7. 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, from any municipal
corporation, body politic, or agency of the State, or from
the State itself, useful for its purposes, and (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. 83-893.)
(70 ILCS 285/8) (from Ch. 85, par. 2608)
Section 2-40. Federal money. Sec. 8. 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. 83-893.)
(70 ILCS 285/9) (from Ch. 85, par. 2609)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-893.)
(70 ILCS 285/10) (from Ch. 85, par. 2610)
Section 105-25. Borrowing; revenue bonds. Sec. 10. * *
*(nonstandard provisions contained in Section 105-25)* * *
(Source: P.A. 84-1308.)
(70 ILCS 285/11) (from Ch. 85, par. 2611)
Section 2-55. Bonds; nature of indebtedness. Sec. 11.
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 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
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 aforesaid.
(Source: P.A. 83-893.)
(70 ILCS 285/12) (from Ch. 85, par. 2612)
Section 2-60. Investment in bonds. Sec. 12. 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 Act, 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. 83-893.)
(70 ILCS 285/13) (from Ch. 85, par. 2613)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 13. * * *(nonstandard provisions contained in
Section 105-30)* * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-791.)
(70 ILCS 285/14) (from Ch. 85, par. 2614)
Section 2-80. Board members' oath. Sec. 14.* *
*(nonstandard provisions contained in Section 105-35)* * *
Within 30 days after certification of his appointment, and
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. 85-791.)
(70 ILCS 285/15) (from Ch. 85, par. 2615)
Section 2-85. Board members; vacancy in office. Sec. 15.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member him and an opportunity to be publicly heard in
person or by counsel in the member's his own defense upon not
less than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-893.)
(70 ILCS 285/16) (from Ch. 85, par. 2616)
Section 105-38. Organization of the Board. Sec. 16. *
* * (nonstandard provisions contained in Section 105-38) * *
*
(Source: P.A. 83-893.)
(70 ILCS 285/17) (from Ch. 85, par. 2617)
Section 2-97. Board meetings; public records. Sec. 17.
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. * * *(nonstandard provisions contained
in Section 105-40)* * *
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. 85-791.)
(70 ILCS 285/18) (from Ch. 85, par. 2618)
Section 2-100. Secretary; treasurer. Sec. 18. 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 its 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 him according to law and the orders of the Board.
The Board may, at any time, require a new bond from the
treasurer in a 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 national or state bank wherein the treasurer has
deposited funds if the bank has been approved by the Board as
a depositary depository for those these funds. The oaths of
office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-893.)
(70 ILCS 285/19) (from Ch. 85, par. 2619)
Section 2-105. Funds. Sec. 19. 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. 83-893.)
(70 ILCS 285/20) (from Ch. 85, par. 2620)
Section 2-110. Signatures on checks or drafts. Sec. 20.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases to hold
office (after attaching his or her signature) to hold his
office and before the delivery of the check or draft thereof
to the payee, that his signature nevertheless shall be valid
and sufficient for all purposes with the same effect as if
the officer he had remained in office until delivery thereof.
(Source: P.A. 83-893.)
(70 ILCS 285/21) (from Ch. 85, par. 2621)
Section 2-115. General manager; other appointments. Sec.
21. 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 It 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. 83-893.)
(70 ILCS 285/22) (from Ch. 85, par. 2622)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 22. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 83-893.)
(70 ILCS 285/23) (from Ch. 85, par. 2623)
Section 105-45. Contracts; bidding. Sec. 23. * *
*(nonstandard provisions contained in Section 105-45)* * *
(Source: P.A. 83-893.)
(70 ILCS 285/24) (from Ch. 85, par. 2624)
Section 2-130. Bids and advertisements. Sec. 24.
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 of 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 insure
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. 83-893.)
(70 ILCS 285/25) (from Ch. 85, par. 2625)
Section 2-150. Tax exemption. Sec. 25. All property of
the Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 85-791.)
(70 ILCS 285/25.1) (from Ch. 85, par. 2625.1)
Section 2-145. Antitrust laws. Sec. 25.1. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 285/25.2) (from Ch. 85, par. 2625.2)
Section 2-140. State financial support. Sec. 25.2. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 285/26) (from Ch. 85, par. 2626)
Section 2-135. Report and financial statement. Sec. 26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers as provided in Section 16.
(Source: P.A. 83-893.)
PART 110. ILLINOIS VALLEY CIVIC CENTER
(70 ILCS 325/6-1) (from Ch. 85, par. 7006-1)
Section 2-3. Purpose. Sec. 6-1. 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. 86-907.)
(70 ILCS 325/6-2) (from Ch. 85, par. 7006-2)
Section 110-1. Short title. Sec. 6-2. * * * (nonstandard
provisions contained in Section 110-1) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/6-3) (from Ch. 85, par. 7006-3)
Section 2-5. Definitions. Sec. 6-3. When used In this
Article: * * *(nonstandard provisions contained in Section
110-5) * * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 110-5)*
* *
(Source: P.A. 86-907.)
(70 ILCS 325/6-4) (from Ch. 85, par. 7006-4)
Section 2-10. Lawsuits; common seal. Sec. 6-4. * * *
(nonstandard provisions contained in Section 110-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 110-10)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/6-5) (from Ch. 85, par. 7006-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 6-5. 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. 86-907.)
(70 ILCS 325/6-6) (from Ch. 85, par. 7006-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 6-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-907.)
(70 ILCS 325/6-7) (from Ch. 85, par. 7006-7)
Section 2-25. Incurring obligations. Sec. 6-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/6-8) (from Ch. 85, par. 7006-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 6-8. 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) useful for its purposes, and 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. 86-907.)
(70 ILCS 325/6-9) (from Ch. 85, par. 7006-9)
Section 2-40. Federal money. Sec. 6-9. 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. 86-907.)
(70 ILCS 325/6-10) (from Ch. 85, par. 7006-10)
Section 2-45. Insurance. Sec. 6-10. 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 his or her office or
employment, and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/6-11) (from Ch. 85, par. 7006-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 6-11. 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, as
now or hereafter amended, 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 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 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, 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. 86-907; 86-1028.)
(70 ILCS 325/6-12) (from Ch. 85, par. 7006-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 6-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/6-13) (from Ch. 85, par. 7006-13)
Section 2-60. Investment in bonds. Sec. 6-13. 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. 86-907.)
(70 ILCS 325/6-14) (from Ch. 85, par. 7006-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 6.14. * * * (nonstandard provisions
contained in Section 110-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/6-15) (from Ch. 85, par. 7006-15)
Section 2-80. Board members' oath. Sec. 6-15. * *
*(nonstandard provisions contained in Section 110-20)* * *
Within 30 days after certification of his or her appointment,
and before entering upon the duties of his or her 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. 86-907.)
(70 ILCS 325/6-16) (from Ch. 85, par. 7006-16)
Section 2-85. Board members; vacancy in office. Sec.
6-16. 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 to take
effect when the member's his or her successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 110-25) * * *
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 86-907.)
(70 ILCS 325/6-17) (from Ch. 85, par. 7006-17)
Section 2-90. Organization of the Board. Sec. 6-17. As
soon as practicably possible after the appointment of the
initial members, the Board shall organize for the transaction
of business, select a chairman chairperson and a temporary
secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman
chairperson and his or her successors shall be elected by the
Board from time to time for the term of the chairman's his or
her office as a member of the Board or for the term of 3
years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/6-18) (from Ch. 85, par. 7006-18)
Section 2-95. Meetings; action by 5 Board members. Sec.
6-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/6-19) (from Ch. 85, par. 7006-19)
Section 2-100. Secretary; treasurer. Sec. 6-19. 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
him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer
in a 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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/6-20) (from Ch. 85, par. 7006-20)
Section 2-105. Funds. Sec. 6-20. 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 chairperson 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 chairperson 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. 86-907.)
(70 ILCS 325/6-21) (from Ch. 85, par. 7006-21)
Section 2-110. Signatures on checks or drafts. Sec.
6-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his or her signature) to hold office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his or her
signature, nevertheless, shall be valid and sufficient for
all purposes with the same effect as if the officer he or she
had remained in office until delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/6-22) (from Ch. 85, par. 7006-22)
Section 2-115. General manager; other appointments. Sec.
6-22. 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 It 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. 86-907.)
(70 ILCS 325/6-23) (from Ch. 85, par. 7006-23)
Section 2-122. Rules and regulations; penalties. Sec.
6-23. 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. 86-907.)
(70 ILCS 325/6-24) (from Ch. 85, par. 7006-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 6-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-907.)
(70 ILCS 325/6-25) (from Ch. 85, par. 7006-25)
Section 2-130. Bids and advertisements. Sec. 6-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure free and open
competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article relating to the awarding of contracts by the
Board.
(Source: P.A. 86-907.)
(70 ILCS 325/6-26) (from Ch. 85, par. 7006-26)
Section 110-30. Report and financial statement. Sec.
6-26. * * * (nonstandard provisions contained in Section
110-30) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/6-27) (from Ch. 85, par. 7006-27)
Section 2-140. State financial support. Sec. 6-27. 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.
(Source: P.A. 86-907.)
(70 ILCS 325/6-28) (from Ch. 85, par. 7006-28)
Section 2-145. Antitrust laws. Sec. 6-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, and
the General Assembly intends that the "State action
exemption" to the application of the federal antitrust
anti-trust 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. 86-907.)
(70 ILCS 325/6-29) (from Ch. 85, par. 7006-29)
Section 2-150. Tax exemption. Sec. 6-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/6-30) (from Ch. 85, par. 7006-30)
Section 2-30. Prompt payment. Sec. 6-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 86-907.)
PART 115. JASPER COUNTY CIVIC CENTER
(70 ILCS 220/4-1) (from Ch. 85, par. 4801)
Section 2-3. Purpose Sec. 4-1. 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. 84-245.)
(70 ILCS 220/4-2) (from Ch. 85, par. 4802)
Section 115-1. Short title. Sec. 4-2. * * *(nonstandard
provisions contained in Section 115-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/4-3) (from Ch. 85, par. 4803)
Section 2-5. Definitions. Sec. 4-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 115-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 115-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/4-4) (from Ch. 85, par. 4804)
Section 2-10. Lawsuits; common seal. Sec. 4-4. * *
*(nonstandard provisions contained in Section 115-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 115-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/4-5) (from Ch. 85, par. 4805)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 4-5. 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. 84-245.)
(70 ILCS 220/4-6) (from Ch. 85, par. 4806)
Section 2-20. Rights and powers, including eminent
domain. Sec. 4-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 84-245.)
(70 ILCS 220/4-7) (from Ch. 85, par. 4807)
Section 2-25. Incurring obligations. Sec. 4-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/4-8) (from Ch. 85, par. 4808)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 4-8. 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) useful for its purposes, and 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. 84-245.)
(70 ILCS 220/4-9) (from Ch. 85, par. 4809)
Section 2-40. Federal money. Sec. 4-9. 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. 84-245.)
(70 ILCS 220/4-10) (from Ch. 85, par. 4810)
Section 2-45. Insurance. Sec. 4-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/4-11) (from Ch. 85, par. 4811)
Section 115-13. Borrowing; revenue bonds. Sec. 4-11. * *
*(nonstandard provisions contained in Section 115-13)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/4-12) (from Ch. 85, par. 4812)
Section 2-55. Bonds; nature of indebtedness. Sec. 4-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/4-13) (from Ch. 85, par. 4813)
Section 2-60. Investment in bonds. Sec. 4-13. 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. 84-245.)
(70 ILCS 220/4-14) (from Ch. 85, par. 4814)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 4-14. * * *(nonstandard provisions
contained in Section 115-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/4-15) (from Ch. 85, par. 4815)
Section 2-80. Board members' oath. Sec. 4-15. * *
*(nonstandard provisions contained in Section 115-20)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/4-16) (from Ch. 85, par. 4816)
Section 2-85. Board members; vacancy in office. Sec.
4-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * *(nonstandard provisions
contained in Section 115-25)* * *
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, a member's his
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. 84-245.)
(70 ILCS 220/4-17) (from Ch. 85, par. 4817)
Section 2-90. Organization of the Board. Sec. 4-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/4-18) (from Ch. 85, par. 4818)
Section 2-95. Meetings; action by 5 Board members. Sec.
4-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/4-19) (from Ch. 85, par. 4819)
Section 2-100. Secretary; treasurer. Sec. 4-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/4-20) (from Ch. 85, par. 4820)
Section 2-105. Funds. Sec. 4-20. 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. 84-245.)
(70 ILCS 220/4-21) (from Ch. 85, par. 4821)
Section 2-110. Signatures on checks or drafts. Sec.
4-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/4-22) (from Ch. 85, par. 4822)
Section 2-115. General manager; other appointments.
Sec. 4-22. 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 It 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. 84-245.)
(70 ILCS 220/4-23) (from Ch. 85, par. 4823)
Section 2-122. Rules and regulations; penalties. Sec.
4-23. 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. 84-245.)
(70 ILCS 220/4-24) (from Ch. 85, par. 4824)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 4-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/4-25) (from Ch. 85, par. 4825)
Section 2-130. Bids and advertisements. Sec. 4-25.
Advertisements Advertisement 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 of 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 insure 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.
* * *(nonstandard provisions contained in Section
115-30)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/4-26) (from Ch. 85, par. 4826)
Section 2-135. Report and financial statement. Sec.
4-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/4-27) (from Ch. 85, par. 4827)
Section 2-140. State financial support. Sec. 4-27. The
Authority Authorities created by this Article Act 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. 84-245.)
(70 ILCS 220/4-28) (from Ch. 85, par. 4828)
Section 2-145. Antitrust laws. Sec. 4-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/4-29) (from Ch. 85, par. 4829)
Section 2-150. Tax exemption. Sec. 4-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 84-245.)
PART 120. JEFFERSON COUNTY CIVIC CENTER
(70 ILCS 280/1-1) (from Ch. 85, par. 2701)
Section 2-3. Purpose. Sec. 1-1. The purpose of this
Article Act 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. 83-911.)
(70 ILCS 280/1-2) (from Ch. 85, par. 2702)
Section 120-1. Short title. * * *(nonstandard provisions
contained in Section 120-1) * * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-3) (from Ch. 85, par. 2703)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article Act: * * *(nonstandard provisions contained in
Section 120-5)* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof. * *
*(nonstandard provisions contained in Section 120-5)* * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-4) (from Ch. 85, par. 2704)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
*(nonstandard provisions contained in Section 120-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 120-10) * * *
(Source: P.A. 83-1451.)
(70 ILCS 280/1-5) (from Ch. 85, par. 2705)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec.1-5. 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 lease and 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. 83-911.)
(70 ILCS 280/1-6) (from Ch. 85, par. 2706)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-911.)
(70 ILCS 280/1-7) (from Ch. 85, par. 2707)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-911.)
(70 ILCS 280/1-7.1) (from Ch. 85, par. 2707.1)
Section 2-30. Prompt payment. Sec. 1-7.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the "Local Government Prompt Payment Act",
approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 280/1-8) (from Ch. 85, par. 2708)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-8. 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, useful for its purposes, and (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. 83-911.)
(70 ILCS 280/1-9) (from Ch. 85, par. 2709)
Section 2-40. Federal money. Sec. 1-9. 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. 83-911.)
(70 ILCS 280/1-10) (from Ch. 85, par. 2710)
Section 2-45. Insurance. Sec. 1-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-911.)
(70 ILCS 280/1-11) (from Ch. 85, par. 2711)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-911.)
(70 ILCS 280/1-12) (from Ch. 85, par. 2712)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 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
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 aforesaid.
(Source: P.A. 83-911.)
(70 ILCS 280/1-13) (from Ch. 85, par. 2713)
Section 2-60. Investment in bonds. Sec. 1-13. 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 Act, 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. 83-911.)
(70 ILCS 280/1-14) (from Ch. 85, par. 2714)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * *(nonstandard provisions
contained in Section 120-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1451.)
(70 ILCS 280/1-15) (from Ch. 85, par. 2715)
Section 2-80. Board members' oath. Sec. 1-15.* *
*(nonstandard provisions contained in Section 120-20) * * *
Within 30 days after certification of his appointment, and
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. 83-911.)
(70 ILCS 280/1-16) (from Ch. 85, par. 2716)
Section 2-85. Board members; vacancy in office. Sec.
1-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-911.)
(70 ILCS 280/1-17) (from Ch. 85, par. 2717)
Section 2-90. Organization of the Board. Sec. 1-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-911.)
(70 ILCS 280/1-18) (from Ch. 85, par. 2718)
Section 2-96. Meetings; action by 4 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 83-911.)
(70 ILCS 280/1-19) (from Ch. 85, par. 2719)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-911.)
(70 ILCS 280/1-20) (from Ch. 85, par. 2720)
Section 2-105. Funds. Sec. 1-20. 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. 83-911.)
(70 ILCS 280/1-21) (from Ch. 85, par. 2721)
Section 2-110. Signatures on checks or drafts. Sec.
1-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
to hold office (after attaching his or her signature) to hold
his office and before the delivery of the check or draft
thereof to the payee, that his signature nevertheless shall
be valid and sufficient for all purposes with the same effect
as if the officer he had remained in office until delivery.
(Source: P.A. 83-911.)
(70 ILCS 280/1-22) (from Ch. 85, par. 2722)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 83-911.)
(70 ILCS 280/1-23) (from Ch. 85, par. 2723)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 83-911.)
(70 ILCS 280/1-24) (from Ch. 85, par. 2724)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-911.)
(70 ILCS 280/1-25) (from Ch. 85, par. 2725)
Section 2-130. Bids and advertisements. Advertisements
Sec. 1-25. Advertisement 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 of 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 insure free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article Act relating to the awarding of contracts by the
Board.
(Source: P.A. 83-911.)
(70 ILCS 280/1-26) (from Ch. 85, par. 2726)
Section 2-135. Report and financial statement. Sec.
1-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 83-911.)
(70 ILCS 280/1-27) (from Ch. 85, par. 2727)
Section 2-140. State financial support. Sec. 1-27. The
Authority Authorities created by this Article Act 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. 83-911.)
(70 ILCS 280/1-28) (from Ch. 85, par. 2728)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 280/1-29) (from Ch. 85, par. 2729)
Section 2-150. Tax exemption. Sec. 1-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 83-1456.)
PART 125. JO DAVIESS COUNTY CIVIC CENTER
(70 ILCS 220/6-1) (from Ch. 85, par. 5001)
Section 125-1. Short title Sec. 6-1. * * *(nonstandard
provisions contained in Section 125-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-2) (from Ch. 85, par. 5002)
Section 2-5. Definitions. Sec. 6-2. When used In this
Article:
* * *(nonstandard provisions contained in Section 125-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 125-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/6-3) (from Ch. 85, par. 5003)
Section 2-10. Lawsuits; common seal. Sec. 6-3. * *
*(nonstandard provisions contained in Section 125-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 125-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-4) (from Ch. 85, par. 5004)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 6-4. 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. 84-245.)
(70 ILCS 220/6-5) (from Ch. 85, par. 5005)
Section 125-15. Rights and powers. Sec. 6-5. * *
*(nonstandard provisions contained in Section 125-15)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-6) (from Ch. 85, par. 5006)
Section 2-25. Incurring obligations. Sec. 6-6. The
Authority shall not incur any obligations for salaries or for
, office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/6-7) (from Ch. 85, par. 5007)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 6-7. 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, from any
municipal corporation, body politic, or agency of the State,
or from the State itself, (ii) useful for its purposes, and
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. 84-245.)
(70 ILCS 220/6-8) (from Ch. 85, par. 5008)
Section 2-40. Federal money. Sec. 6-8. 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. 84-245.)
(70 ILCS 220/6-9) (from Ch. 85, par. 5009)
Sections 2-45. Insurance. Sec. 6-9. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/6-10) (from Ch. 85, par. 5010)
Section 125-20. Borrowing; revenue bonds. Sec. 6-10. * *
*(nonstandard provisions contained in Section 125-20)* * *
(Source: P.A. 86-4.)
(70 ILCS 220/6-11) (from Ch. 85, par. 5011)
Section 125-22. Bonds; nature of indebtedness. Sec.
6-11. * * *(nonstandard provisions contained in Section
125-22)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-12) (from Ch. 85, par. 5012)
Section 2-60. Investment in bonds. Sec. 6-12. 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 Act, 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. 84-245.)
(70 ILCS 220/6-13) (from Ch. 85, par. 5013)
Section 125-25. Bonds other than revenue bonds;
election. Sec. 6-13. * * *(nonstandard provisions contained
in Section 125-25)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-14) (from Ch. 85, par. 5014)
Section 125-30. Tax. Sec. 6-14. * * *(nonstandard
provisions contained in Section 125-30)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-15) (from Ch. 85, par. 5015)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 6-15. * * *(nonstandard provisions contained
in Section 125-35)* * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/6-16) (from Ch. 85, par. 5016)
Section 2-80. Board members' oath. Sec. 6-16. * *
*(nonstandard provisions contained in Section 125-40)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/6-17) (from Ch. 85, par. 5017)
Section 2-85. Board members; vacancy in office. Sec.
6-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 84-245.)
(70 ILCS 220/6-18) (from Ch. 85, par. 5018)
Section 2-90. Organization of the Board. Sec. 6-18. 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 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 the chairman's his office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/6-19) (from Ch. 85, par. 5019)
Section 2-95. Meetings; action by 5 Board members. Sec.
6-19. 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 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 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. 84-245.)
(70 ILCS 220/6-20) (from Ch. 85, par. 5020)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 6-20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/6-21) (from Ch. 85, par. 5021)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 6-21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 84-245.)
(70 ILCS 220/6-22) (from Ch. 85, par. 5022)
Section 2-110. Signatures on checks or drafts. Sec.
6-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 84-245.)
(70 ILCS 220/6-23) (from Ch. 85, par. 5023)
Section 2-115. General manager; other appointments. Sec.
6-23. 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 It 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. 84-245.)
(70 ILCS 220/6-24) (from Ch. 85, par. 5024)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 6-24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 84-245.)
(70 ILCS 220/6-25) (from Ch. 85, par. 5025)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 6-25. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 84-245.)
(70 ILCS 220/6-26) (from Ch. 85, par. 5026)
Section 2-130. Bids and advertisements. Sec. 6-26.
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 of 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 insure
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. 84-245.)
(70 ILCS 220/6-27) (from Ch. 85, par. 5027)
Section 2-150. Tax exemption. Sec. 6-27. All property
of the Jo Daviess County Civic Center Authority shall be
exempt from taxation by the State or any taxing unit therein.
(Source: P.A. 84-245.)
(70 ILCS 220/6-28) (from Ch. 85, par. 5028)
Section 125-45. Report and financial statement. Sec.
6-28. * * *(nonstandard provisions contained in Section
125-45)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/6-29) (from Ch. 85, par. 5029)
Section 2-145. Antitrust laws. Sec. 6-29. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/6-30) (from Ch. 85, par. 5030)
Section 2-140. State financial support. Sec. 6-30. 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. 84-245.)
PART 130. KATHERINE DUNHAM METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 220/9-1) (from Ch. 85, par. 5301)
Section 2-3. Purpose. Sec. 9-1. 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. 84-245.)
(70 ILCS 220/9-2) (from Ch. 85, par. 5302)
Section 130-1. Short title. Sec. 9-2. * * *(nonstandard
provisions contained in Section 130-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/9-3) (from Ch. 85, par. 5303)
Section 2-5. Definitions. Sec. 9-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 130-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 130-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/9-4) (from Ch. 85, par. 5304)
Section 2-10. Lawsuits; common seal. Sec. 9-4. * *
*(nonstandard provisions contained in Section 130-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 130-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/9-5) (from Ch. 85, par. 5305)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 9-5. It shall be the duty of the
Authority to promote, operate and maintain expositions,
conventions, and theatrical theatricals, 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 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. 84-245.)
(70 ILCS 220/9-6) (from Ch. 85, par. 5306)
Section 2-20. Rights and powers, including eminent
domain. Sec. 9-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 84-245.)
(70 ILCS 220/9-7) (from Ch. 85, par. 5307)
Section 2-25. Incurring obligations. Sec. 9-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/9-8) (from Ch. 85, par. 5308)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 9-8. 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, any municipal
corporation, body politic, or agency of the State, or from
the State itself, useful for its purposes, and (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. 84-245.)
(70 ILCS 220/9-9) (from Ch. 85, par. 5309)
Section 2-40. Federal money. Sec. 9-9. 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. 84-245.)
(70 ILCS 220/9-10) (from Ch. 85, par. 5310)
Section 2-45. Insurance. Sec. 9-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/9-11) (from Ch. 85, par. 5311)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 9-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 84-245.)
(70 ILCS 220/9-12) (from Ch. 85, par. 5312)
Section 2-55. Bonds; nature of indebtedness. Sec. 9-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/9-13) (from Ch. 85, par. 5313)
Section 2-60. Investment in bonds. Sec. 9-13. 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 Act, 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. 84-245.)
(70 ILCS 220/9-14) (from Ch. 85, par. 5314)
Section 2-75. Board members, financial matters; conflict
of interest. Sec. 9-14. * * *(nonstandard provisions
contained in Section 130-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/9-15) (from Ch. 85, par. 5315)
Section 2-80. Board member's oath. Sec. 9-15. * *
*(nonstandard provisions contained in Section 130-20)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/9-16) (from Ch. 85, par. 5316)
Section 2-85. Board members; vacancy in office. Sec.
9-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 84-245.)
(70 ILCS 220/9-17) (from Ch. 85, par. 5317)
Section 2-90. Organization of the Board. Sec. 9-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/9-18) (from Ch. 85, par. 5318)
Section 2-96. Meetings; actions by 4 Board members. Sec.
9-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/9-19) (from Ch. 85, par. 5319)
Section 2-100. Secretary; treasurer. Sec. 9-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/9-20) (from Ch. 85, par. 5320)
Section 2-105. Funds. Sec. 9-20. 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. 84-245.)
(70 ILCS 220/9-21) (from Ch. 85, par. 5321)
Section 2-110. Signatures on checks or drafts. Sec.
9-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/9-22) (from Ch. 85, par. 5322)
Section 2-115. General manager; other appointments. Sec.
9-22. 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 It 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. 84-245.)
(70 ILCS 220/9-23) (from Ch. 85, par. 5323)
Section 2-122. Rules and regulations; penalties. Sec.
9-23. 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. 84-245.)
(70 ILCS 220/9-24) (from Ch. 85, par. 5324)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 9-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/9-25) (from Ch. 85, par. 5325)
Section 2-130. Bids and advertisements. Advertisements
Sec. 9-25. Advertisement 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 of 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 insure 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.
* * *(nonstandard provisions contained in Section
130-25)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/9-26) (from Ch. 85, par. 5326)
Section 2-135. Report and financial statements. Sec.
9-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/9-27) (from Ch. 85, par. 5327)
Section 2-150. Tax exemption. Sec. 9-27. All property
of the Katherine Dunham Metropolitan Exposition and
Auditorium Authority shall be exempt from taxation by the
State or any taxing unit therein.
(Source: P.A. 84-245.)
(70 ILCS 220/9-28) (from Ch. 85, par. 5328)
Section 2-145. Antitrust laws. Sec. 9-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 84-245.)
(70 ILCS 220/9-29) (from Ch. 85, par. 5329)
Section 2-140. State financial support. Sec. 9-29. The
Authority created by this Article Act 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. 84-245.)
PART 135. LAKE COUNTY METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 290/1) (from Ch. 85, par. 1580-1)
Section 2-3. Purpose. Sec. 1. The purpose of this
Article Act 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. 80-909.)
(70 ILCS 290/2) (from Ch. 85, par. 1580-2)
Section 135-1. Short title. Sec. 2. * * * (nonstandard
provisions contained in Section 135-1) * * *
(Source: P.A. 86-1414.)
(70 ILCS 290/3) (from Ch. 85, par. 1580-3)
Section 2-5. Definitions. Sec. 3. In this Article When
used in this Act: * * * (nonstandard provisions contained in
Section 135-5) * * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 135-5)
* * *
(Source: P.A. 86-1414.)
(70 ILCS 290/4) (from Ch. 85, par. 1580-4)
Section 2-10. Lawsuits; common seal. Sec. 4. * * *
(nonstandard provisions contained in Section 135-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 135-10) * * *
(Source: P.A. 86-1441.)
(70 ILCS 290/5) (from Ch. 85, par. 1580-5)
Section 135-15. Duties. Sec. 5. * * * (nonstandard
provisions contained in Section 135-15) * * *
(Source: P.A. 80-909.)
(70 ILCS 290/6) (from Ch. 85, par. 1580-6)
Section 135-20. Rights and powers. Sec. 6. * * *
(nonstandard provisions contained in Section 135-20) * * *
(Source: P.A. 82-783.)
(70 ILCS 290/7) (from Ch. 85, par. 1580-7)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 80-909.)
(70 ILCS 290/7.1) (from Ch. 85, par. 1580-7.1)
Section 2-30. Prompt payment. Sec. 7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the " Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 290/8) (from Ch. 85, par. 1580-8)
Section 2-35. Acquisition of property from person, State
or local agency. Sec. 8. 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, useful for its purposes, and (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. 80-909.)
(70 ILCS 290/9) (from Ch. 85, par. 1580-9)
Section 135-25. Federal money. Sec. 9. * * * (nonstandard
provisions contained in Section 135-25) * * *
(Source: P.A. 80-909.)
(70 ILCS 290/10) (from Ch. 85, par. 1580-10)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 80-909.)
(70 ILCS 290/11) (from Ch. 85, par. 1580-11)
Section 135-30. Borrowing; revenue bonds. Sec. 11. * * *
(nonstandard provisions contained in Section 135-30) * * *
(Source: P.A. 86-4.)
(70 ILCS 290/12) (from Ch. 85, par. 1580-12)
Section 135-35. Bonds; nature of indebtedness. Sec. 12.
* * * (nonstandard provisions contained in Section 135-35) *
* *
(Source: P.A. 80-909.)
(70 ILCS 290/13) (from Ch. 85, par. 1580-13)
Section 2-60. Investment in bonds. Sec. 13. 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 Act, 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 purchase or investment.
(Source: P.A. 80-909.)
(70 ILCS 290/14) (from Ch. 85, par. 1580-14)
Section 135-40. General obligation bonds. Sec. 14. * * *
(nonstandard provisions contained in Section 135-40) * * *
(Source: P.A. 86-4.)
(70 ILCS 290/15) (from Ch. 85, par. 1580-15)
Section 135-45. G.O. bonds; election. Sec. 15. * * *
(nonstandard provisions contained in Section 135-45) * * *
(Source: P.A. 86-1414.)
(70 ILCS 290/16) (from Ch. 85, par. 1580-16)
Section 135-50. Conduct of election; canvass of returns.
Sec. 16. * * * (nonstandard provisions contained in Section
135-50) * * *
(Source: P.A. 81-1489.)
(70 ILCS 290/17) (from Ch. 85, par. 1580-17)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 17. * * * (nonstandard provisions contained in
Section 135-55) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 290/18) (from Ch. 85, par. 1580-18)
Section 2-80. Board members' oath. Sec. 18. * * *
(nonstandard provisions contained in Section 135-60) * * *
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. 86-1414.)
(70 ILCS 290/19) (from Ch. 85, par. 1580-19)
Section 135-65. Organization of Board. Sec. 19. * * *
(nonstandard provisions contained in Section 135-65) * * *
(Source: P.A. 80-909.)
(70 ILCS 290/20) (from Ch. 85, par. 1580-20)
Section 135-70. Meetings; approval of ordinances and
resolutions by chairman; public records. Sec. 20. * * *
(nonstandard provisions contained in Section 135-70) * * *
(Source: P.A. 82-349.)
(70 ILCS 290/21) (from Ch. 85, par. 1580-21)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 21. 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 its 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 to
the office and the payment of all money received by the
treasurer him 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 depositary for those these funds. The oaths
of office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 290/22) (from Ch. 85, par. 1580-22)
Section 135-75. Funds; compliance with Public Funds
Investment Act. Sec. 22. * * * (nonstandard provisions
contained in Section 135-75) * * *
(Source: P.A. 83-541.)
(70 ILCS 290/23) (from Ch. 85, par. 1580-23)
Section 2-110. Signatures on checks or drafts. Sec. 23.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 80-909.)
(70 ILCS 290/24) (from Ch. 85, par. 1580-24)
Section 2-115. General manager; other appointments. Sec.
24. The Board may appoint a general manager who shall be a
person an individual 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 It 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. 80-909.)
(70 ILCS 290/25) (from Ch. 85, par. 1580-25)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 25. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 80-909.)
(70 ILCS 290/26) (from Ch. 85, par. 1580-26)
Section 135-80. Contracts; bidding. Sec. 26. * * *
(nonstandard provisions contained in Section 135-80) * * *
(Source: P.A. 82-786.)
(70 ILCS 290/27) (from Ch. 85, par. 1580-27)
Section 2-130. Bids and advertisements. Advertisements
Sec. 27. Advertisement 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 of 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 insure
free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action
suit in equity in the circuit court in the county in which
the metropolitan area is located to compel compliance with
the provisions of this Article Act relating to the awarding
of contracts by the Board.
(Source: P.A. 80-909.)
(70 ILCS 290/27a) (from Ch. 85, par. 1580-27a)
Section 2-150. Tax exemption. Sec. 27a. Exemption from
taxation. All property of the Waukegan and Will County
Metropolitan Exposition and Auditorium Civic Center Authority
shall be exempt from taxation by the State or any taxing unit
therein.
(Source: P.A. 83-893.)
(70 ILCS 290/27b) (from Ch. 85, par. 1580-27b)
Section 2-145. Antitrust laws. Sec. 27b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 290/27c) (from Ch. 85, par. 1580-27c)
Section 2-140. State financial support. Sec. 27c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 290/28) (from Ch. 85, par. 1580-28)
Section 135-85. Report and financial statement. Sec. 28.
* * * (nonstandard provisions contained in Section 135-85) *
* *
(Source: P.A. 80-909.)
PART 140. LEYDEN TOWNSHIP
SPACE NEEDS AUTHORITY
(70 ILCS 300/1) (from Ch. 85, par. 7701-1)
Section 140-1. Sec. 1. Short title. * * *(nonstandard
provisions contained in Section 140-1)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/5) (from Ch. 85, par. 7701-5)
Section 140-5. Sec. 5. Purpose. * * *(nonstandard
provisions contained in Section 140-5)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/10) (from Ch. 85, par. 7701-10)
Section 2-5. Sec. 10. Definitions. In this Article Act:
* * *(nonstandard provisions contained in Section
140-10)* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district,
and any agency or instrumentality thereof governmental body,
together with any of their agencies or instrumentalities,
corporate or otherwise.
"Person" means any individual, firm, partnership,
domestic or foreign corporation, company, association, or
joint stock association; and includes any trustee, receiver,
assignee or personal representative thereof of their
trustees, receivers, assignees, or personal representatives.
* * *(nonstandard provisions contained in Section
140-10)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/15) (from Ch. 85, par. 7701-15)
Section 2-10. Lawsuits; common seal. Sec. 15. * *
*(nonstandard provisions contained in Section 140-15)* * *
(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 It may adopt a common seal and change
the same seal at its pleasure. * * *(nonstandard provisions
contained in Section 140-15)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/20) (from Ch. 85, par. 7701-20)
Section 140-20. Sec. 20. Duties. * * *(nonstandard
provisions contained in Section 140-20)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/25) (from Ch. 85, par. 7701-25)
Section 140-25. Sec. 25. Powers.
* * *(nonstandard provisions contained in Section 140-25)* *
*
(Source: P.A. 87-716.)
(70 ILCS 300/30) (from Ch. 85, par. 7701-30)
Section 2-25. Sec. 30. 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 those
obligations become payable.
(Source: P.A. 87-716.)
(70 ILCS 300/35) (from Ch. 85, par. 7701-35)
Section 140-30. Sec. 35. Acquisition of property. * *
*(nonstandard provisions contained in Section 140-30)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/40) (from Ch. 85, par. 7701-40)
Section 2-40. Sec. 40. Federal money. The Authority
shall have has the power (i) to apply for and accept grants,
matching grants, loans, or appropriations from the federal
government or any agency or instrumentality thereof of the
federal government 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 those grants, matching
grants, loans, or appropriations.
(Source: P.A. 87-716.)
(70 ILCS 300/45) (from Ch. 85, par. 7701-45)
Section 2-45. Sec. 45. Insurance. The Authority shall
have has 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 his or her office or
employment, and against any other insurable risk.
(Source: P.A. 87-716.)
(70 ILCS 300/50) (from Ch. 85, par. 7701-50)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 50. * * *(nonstandard provisions
contained in Section 140-35)* * * 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 nor in
the sale or lease of any property to or from the Authority.
(Source: P.A. 87-716; 87-1181.)
(70 ILCS 300/55) (from Ch. 85, par. 7701-55)
Section 2-80. Board members' oath. Sec. 55. * *
*(nonstandard provisions contained in Section 140-40)* * *
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. 87-716.)
(70 ILCS 300/60) (from Ch. 85, par. 7701-60)
Section 2-85. Sec. 60. 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 to take effect when
the member's his or her successor has been appointed and has
qualified. * * *(nonstandard provisions contained in Section
140-45)* * *
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. 87-716.)
(70 ILCS 300/65) (from Ch. 85, par. 7701-65)
Section 2-90. Sec. 65. 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 bylaws and regulations to
govern its proceedings. The initial chairman and his or her
successors shall be elected by the Board from time to time
for the term of the chairman's his or her office as a member
of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 87-716.)
(70 ILCS 300/70) (from Ch. 85, par. 7701-70)
Section 2-95. Sec. 70. Meetings; action by 5 Board
members ordinances. Regular meetings of the Board shall be
held at least once in each calendar month, the time and place
of such the 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 those 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. 87-716.)
(70 ILCS 300/75) (from Ch. 85, par. 7701-75)
Section 2-100. Sec. 75. 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 and shall be conditioned 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 depository for those funds. The
oaths of office and the treasurer's bond bonds shall be filed
in the principal office of the Authority.
(Source: P.A. 87-716.)
(70 ILCS 300/80) (from Ch. 85, par. 7701-80)
Section 2-105. Sec. 80. 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. 87-716.)
(70 ILCS 300/85) (from Ch. 85, par. 7701-85)
Section 2-110. Sec. 85. Signatures on checks or drafts.
In case any officer whose signature appears upon any check or
draft issued pursuant to under this Article Act 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 person had
remained in office until delivery.
(Source: P.A. 87-716.)
(70 ILCS 300/90) (from Ch. 85, par. 7701-90)
Section 2-115. Sec. 90. 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 its 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 It shall
define their duties and require bonds of such of them as
those that the Board may designate.
The general manager, general attorney, chief engineer,
and all other officers provided for pursuant to under 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. 87-716.)
(70 ILCS 300/95) (from Ch. 85, par. 7701-95)
Section 2-122. Sec. 95. Rules and regulations;
penalties. The Board shall have power to may make all rules
and regulations that are proper or necessary to carry into
effect the powers granted to the Authority, with such
penalties for violation as may be deemed proper.
(Source: P.A. 87-716.)
(70 ILCS 300/100) (from Ch. 85, par. 7701-100)
Section 140-50. Sec. 100. Contracts. * * *(nonstandard
provisions contained in Section 140-50)* * *
(Source: P.A. 87-716.)
(70 ILCS 300/105) (from Ch. 85, par. 7701-105)
Section 2-130. Sec. 105. Bids and advertisements.
(a) 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
the advertisements shall also be posted on readily accessible
bulletin boards in the principal office of the Authority.
Such advertisements for bids 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 insure free
and open competitive bidding.
(b) 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.
(c) The contract shall be awarded as promptly as
possible after the opening of bids. The bid of the
successful bidder, as well as the bids of the unsuccessful
bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the
terms of any bid in response to an advertisement is made or
permitted to be made by the Board before the time fixed for
opening bids.
Section 2-132. Bidders; civil action to compel
compliance. (d) Any bidder who has submitted a bid in
compliance with the requirements for bidding may bring a
civil action in the circuit court of the county in which the
metropolitan area is located to compel compliance with the
provisions of this Article Act relating to the awarding of
contracts by the Board.
(Source: P.A. 87-716.)
(70 ILCS 300/110) (from Ch. 85, par. 7701-110)
Section 2-135. Sec. 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 the report shall be
printed for distribution to persons interested upon request,
and a copy thereof of the report shall be filed with the
county clerk and the appointing officers.
(Source: P.A. 87-716.)
(70 ILCS 300/115) (from Ch. 85, par. 7701-115)
Section 2-145. Sec. 115. 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) (i) expressly or by necessary
implication authorized by this Article Act or other Illinois
law or (2) (ii) within traditional areas of local
governmental activity.
(Source: P.A. 87-716.)
(70 ILCS 300/120) (from Ch. 85, par. 7701-120)
Section 2-150. Sec. 120. Tax exemption. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein within the State.
(Source: P.A. 87-716.)
(70 ILCS 300/125) (from Ch. 85, par. 7701-125)
Section 2-30. Sec. 125. Prompt payment. Purchases made
under this Article Act shall be made in compliance with the
Local Government Prompt Payment Act.
(Source: P.A. 87-716.)
PART 145. MARENGO CIVIC CENTER
(70 ILCS 305/1-1) (from Ch. 85, par. 6251)
Section 2-3. Purpose. Sec. 1-1. 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. 85-793.)
(70 ILCS 305/1-2) (from Ch. 85, par. 6252)
Section 145-1. Short title. Sec. 1-2. * * *(nonstandard
provisions contained in Section 145-1)* * *
(Source: P.A. 85-793.)
(70 ILCS 305/1-3) (from Ch. 85, par. 6253)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 145-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 145-5)*
* *
(Source: P.A. 85-793.)
(70 ILCS 305/1-4) (from Ch. 85, par. 6254)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * *
*(nonstandard provisions contained in Section 145-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 145-10)* * *
(Source: P.A. 85-793.)
(70 ILCS 305/1-5) (from Ch. 85, par. 6255)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. Sec. 1-5. 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. 85-793.)
(70 ILCS 305/1-6) (from Ch. 85, par. 6256)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the
holding of fairs, exhibits, shows and events whether
conducted by the Authority or some other person or
governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 85-793.)
(70 ILCS 305/1-7) (from Ch. 85, par. 6257)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 85-793.)
(70 ILCS 305/1-8) (from Ch. 85, par. 6258)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-8. 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) useful for its purposes, and 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. 85-793.)
(70 ILCS 305/1-9) (from Ch. 85, par. 6259)
Section 2-40. Federal money. Sec. 1-9. 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. 85-793.)
(70 ILCS 305/1-10) (from Ch. 85, par. 6260)
Section 2-45. Insurance. Sec. 1-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 85-793.)
(70 ILCS 305/1-11) (from Ch. 85, par. 6261)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. 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 "An
Act to authorize public corporations to issue bonds, other
evidences or indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 fact
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. 85-793.)
(70 ILCS 305/1-12) (from Ch. 85, par. 6262)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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 aforesaid.
(Source: P.A. 85-793.)
(70 ILCS 305/1-13) (from Ch. 85, par. 6263)
Section 2-60. Investment in bonds. Sec. 1-13. 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. 85-793.)
(70 ILCS 305/1-14) (from Ch. 85, par. 6264)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14. * * *(nonstandard provisions
contained in Section 145-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/1-15) (from Ch. 85, par. 6265)
Section 2-80. Board members' oath. Sec. 1-15. * *
*(nonstandard provisions contained in Section 145-20)* * *
Within 30 days after certification of his appointment, and
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. 85-793.)
(70 ILCS 305/1-16) (from Ch. 85, par. 6266)
Section 2-85. Board members; vacancy in office. Sec.
1-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * *(nonstandard provisions
contained in Section 145-25)* * *
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, a member's his
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. 85-793.)
(70 ILCS 305/1-17) (from Ch. 85, par. 6267)
Section 2-90. Organization of the Board. Sec. 1-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 85-793.)
(70 ILCS 305/1-18) (from Ch. 85, par. 6268)
Section 2-95. Meetings; action by 5 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 85-793.)
(70 ILCS 305/1-19) (from Ch. 85, par. 6269)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 85-793.)
(70 ILCS 305/1-20) (from Ch. 85, par. 6270)
Section 2-105. Funds. Sec. 1-20. 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. 85-793.)
(70 ILCS 305/1-21) (from Ch. 85, par. 6271)
Section 2-110. Signatures on checks or drafts. Sec.
1-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases to
hold office (after attaching his or her signature) to hold
his office and before the delivery of the check or draft
thereof to the payee, that his signature, nevertheless, shall
be valid and sufficient for all purposes with the same effect
as if the officer he had remained in office until delivery.
(Source: P.A. 85-793.)
(70 ILCS 305/1-22) (from Ch. 85, par. 6272)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 85-793.)
(70 ILCS 305/1-23) (from Ch. 85, par. 6273)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 85-793.)
(70 ILCS 305/1-24) (from Ch. 85, par. 6274)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one
year shall be awarded to the highest responsible bidder,
after advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 85-793.)
(70 ILCS 305/1-25) (from Ch. 85, par. 6275)
Section 2-130. Bids and advertisements. Sec. 1-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * *(nonstandard provisions contained in Section
145-30)* * *
(Source: P.A. 85-793.)
(70 ILCS 305/1-26) (from Ch. 85, par. 6276)
Section 2-135. Report and financial statement. Sec.
1-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 85-793.)
(70 ILCS 305/1-27) (from Ch. 85, par. 6277)
Section 2-140. State financial support. Sec. 1-27. 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. 85-793.)
(70 ILCS 305/1-28) (from Ch. 85, par. 6278)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 85-793.)
(70 ILCS 305/1-29) (from Ch. 85, par. 6279)
Section 2-150. Tax exemption. Sec. 1-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 85-793.)
(70 ILCS 305/1-30) (from Ch. 85, par. 6280)
Section 2-30. Prompt payment. Sec. 1-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act.
(Source: P.A. 85-793.)
PART 150. MASON COUNTY CIVIC CENTER
(70 ILCS 220/3-1) (from Ch. 85, par. 4701)
Section 2-3. Purpose. Sec. 3-1. 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. 84-245.)
(70 ILCS 220/3-2) (from Ch. 85, par. 4702)
Section 150-1. Short title. Sec. 3-2.
* * *(nonstandard provisions contained in Section 150-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/3-3) (from Ch. 85, par. 4703)
Section 2-5. Definitions. In this Article:
* * *(nonstandard provisions contained in Section 150-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 150-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/3-4) (from Ch. 85, par. 4704)
Section 2-10. Lawsuits; common seal. Sec. 3-4. * *
*(nonstandard provisions contained in Section 150-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 150-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/3-5) (from Ch. 85, par. 4705)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 3-5. 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. 84-245.)
(70 ILCS 220/3-6) (from Ch. 85, par. 4706)
Section 2-20. Rights and powers, including eminent
domain. Sec. 3-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 84-245.)
(70 ILCS 220/3-7) (from Ch. 85, par. 4707)
Section 2-25. Incurring obligations. Sec. 3-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/3-8) (from Ch. 85, par. 4708)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 3-8. 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) useful for its purposes, and 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. 84-245.)
(70 ILCS 220/3-9) (from Ch. 85, par. 4709)
Section 2-40. Federal money. Sec. 3-9. 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. 84-245.)
(70 ILCS 220/3-10) (from Ch. 85, par. 4710)
Section 2-45. Insurance. Sec. 3-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/3-11) (from Ch. 85, par. 4711)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 3-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 84-245.)
(70 ILCS 220/3-12) (from Ch. 85, par. 4712)
Section 2-55. Bonds; nature of indebtedness. Sec. 3-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/3-13) (from Ch. 85, par. 4713)
Section 2-60. Investment in bonds. Sec. 3-13. 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. 84-245.)
(70 ILCS 220/3-14) (from Ch. 85, par. 4714)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 3-14. * * *(nonstandard provisions
contained in Section 150-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/3-15) (from Ch. 85, par. 4715)
Section 2-80. Board members' oath. Sec. 3-15. * *
*(nonstandard provisions contained in Section 150-20)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/3-16) (from Ch. 85, par. 4716)
Section 2-85. Board members; vacancy in office. Sec.
3-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
* * *(nonstandard provisions contained in Section 150-25)* *
*
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, a member's his
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. 84-245.)
(70 ILCS 220/3-17) (from Ch. 85, par. 4717)
Section 2-90. Organization of the Board. Sec. 3-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/3-18) (from Ch. 85, par. 4718)
Section 2-96. Meetings; action by 4 Board members. Sec.
3-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/3-19) (from Ch. 85, par. 4719)
Section 2-100. Secretary; treasurer. Sec. 3-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/3-20) (from Ch. 85, par. 4720)
Section 2-105. Funds. Sec. 3-20. 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. 84-245.)
(70 ILCS 220/3-21) (from Ch. 85, par. 4721)
Section 2-110. Signatures on checks or drafts. Sec.
3-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/3-22) (from Ch. 85, par. 4722)
Section 2-115. General manager; other appointments. Sec.
3-22. 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 It 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. 84-245.)
(70 ILCS 220/3-23) (from Ch. 85, par. 4723)
Section 2-122. Rules and regulations; penalties. Sec.
3-23. 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. 84-245.)
(70 ILCS 220/3-24) (from Ch. 85, par. 4724)
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. Sec. 3-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/3-25) (from Ch. 85, par. 4725)
Section 2-130. Bids and advertisements. Advertisements
Sec. 3-25. Advertisement 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 of 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 insure
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.
* * *(nonstandard provisions contained in Section
150-30)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/3-26) (from Ch. 85, par. 4726)
Section 2-135. Report and financial statement. Sec.
3-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/3-27) (from Ch. 85, par. 4727)
Section 2-140. State financial support. Sec. 3-27. The
Authority Authorities created by this Article Act 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. 84-245.)
(70 ILCS 220/3-28) (from Ch. 85, par. 4728)
Section 2-145. Antitrust laws. Sec. 3-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/3-29) (from Ch. 85, par. 4729)
Section 2-150. Tax exemption. Sec. 3-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 84-245.)
PART 155. MATTESON CIVIC CENTER
(70 ILCS 325/4-1) (from Ch. 85, par. 7004-1)
Section 155-1. Sec. 4-1. Short title. * * *
(nonstandard provisions contained in Section 155-1) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-2) (from Ch. 85, par. 7004-2)
Section 2-5. Sec. 4-2. Definitions. As used In this
Article, unless otherwise requires:
* * * (nonstandard provisions contained in Section
155-5) * * *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock association; and includes any trustee, receiver,
assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 155-5)
* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-3) (from Ch. 85, par. 7004-3)
Section 2-10. Lawsuits; common seal. Sec. 4-3. * * *
(nonstandard provisions contained in Section 155-10) * * *
(a) The Authority may sue and be sued in its corporate
own 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 seal at its pleasure. * * * (nonstandard provisions
contained in Section 155-10) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-4) (from Ch. 85, par. 7004-4)
Section 2-17. Sec. 4-4. 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 those purposes.
The Authority is granted all rights and powers necessary
to perform such those duties.
(Source: P.A. 86-907.)
(70 ILCS 325/4-5) (from Ch. 85, par. 7004-5)
Section 155-15. Sec. 4-5. Rights and powers. * * *
(nonstandard provisions contained in Section 155-15) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-6) (from Ch. 85, par. 7004-6)
Section 2-25. Incurring Sec. 4-6. obligations of
Authority; Funds. The Authority shall not incur any
obligations for salaries or for office or administrative
expenses except within the amounts of funds that which will
be available to it when such obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/4-7) (from Ch. 85, par. 7004-7)
Section 2-30. Sec. 4-7. Prompt payment. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 86-907.)
(70 ILCS 325/4-8) (from Ch. 85, par. 7004-8)
Section 155-18. Sec. 4-8. Acquisition of property;
grants, loans and appropriations. * * *(nonstandard
provisions contained in Section 155-18)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-9) (from Ch. 85, par. 7004-9)
Section 2-40. Sec. 4-9. Federal money government;
Grants, loans and appropriations. 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. 86-907.)
(70 ILCS 325/4-10) (from Ch. 85, par. 7004-10)
Section 155-20. Sec. 4-10. State and municipal financial
support. * * *(nonstandard provisions contained in Section
155-20)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-11) (from Ch. 85, par. 7004-11)
Section 2-45. Sec. 4-11. Insurance and indemnity
contracts. 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
his or her office or employment, and or against any other
insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/4-12) (from Ch. 85, par. 7004-12)
Section 155-25. Sec. 4-12. Power to borrow money; bonds;
issuance and sale. * * *(nonstandard provisions contained in
Section 155-25)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-13) (from Ch. 85, par. 7004-13)
Section 155-30. Sec. 4-13. Bonds; nature of
indebtedness. * * *(nonstandard provisions contained in
Section 155-30)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-14) (from Ch. 85, par. 7004-14)
Section 155-32. Sec. 4-14. Investments in bonds under
Article. * * *(nonstandard provisions contained in Section
155-32)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-15) (from Ch. 85, par. 7004-15)
Section 155-35. Sec. 4-15. Elections; general obligation
bonds; form of ballot. * * *(nonstandard provisions contained
in Section 155-35)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-16) (from Ch. 85, par. 7004-16)
Section 155-40. Sec. 4-16. Bonds; principal and interest
payments; taxation. * * *(nonstandard provisions contained in
Section 155-40)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-17) (from Ch. 85, par. 7004-17)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 4-17. Board; Compensation; Conflicts of
interest. * * *(nonstandard provisions contained in Section
155-45)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/4-18) (from Ch. 85, par. 7004-18)
Section 155-50. Sec. 4-18. Members; terms; oath. * *
*(nonstandard provisions contained in Section 155-50)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-19) (from Ch. 85, par. 7004-19)
Section 2-90. Organization of the Board. Sec. 4-19.
Officers; Bylaws and regulations. As soon as practicably
possible practicable 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 members, and adopt by-laws 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 the chairman's his or her office as a
member of the Board or for the a term of 3 years, whichever
is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/4-20) (from Ch. 85, par. 7004-20)
Section 2-96. Sec. 4-20. Meetings; action by 4 Board
members 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 actions 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 ordinances, resolutions and records of 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. 86-907.)
(70 ILCS 325/4-21) (from Ch. 85, par. 7004-21)
Section 2-101. Sec. 4-21. Secretary; treasurer; funds
deposited in bank or savings and loan association Sureties.
The Board shall appoint a secretary and a treasurer, who need
not be members of the Board, to hold office during at the
pleasure of the Board, and shall fix their duties and
compensation. Before entering upon the their 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 him or her 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 these funds. The oaths of office and the
treasurer's bond shall be filed in the principal office of
the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/4-22) (from Ch. 85, par. 7004-22)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 4-22. Deposit of funds; Withdrawals;
Payments. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 86-907.)
(70 ILCS 325/4-23) (from Ch. 85, par. 7004-23)
Section 2-110. Sec. 4-23. Officers' Signatures on checks
or and drafts; Validity. In case any officer whose signature
appears upon any check or draft, issued pursuant to this
Article, ceases (after attaching his or her signature) to
hold his or her office after attaching his or her signature
and before the delivery of the check or draft thereof to the
payee, that his signature nevertheless shall be valid and
sufficient for all purposes with the same effect as if the
officer he had remained in office until delivery thereof.
(Source: P.A. 86-907.)
(70 ILCS 325/4-24) (from Ch. 85, par. 7004-24)
Section 2-115. Sec. 4-24. General manager; other
appointments Attorney; Chief engineer. The Board may appoint
a general manager, who shall be a person of recognized
ability and business experience, to hold office during at the
pleasure of the Board. The general manager shall have
management of manage the properties and business of the
Authority and of the employees thereof subject to the general
control of the Board, and 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 engineers, consultants, agents and employees shall
be fixed by the Board.
(Source: P.A. 86-907.)
(70 ILCS 325/4-25) (from Ch. 85, par. 7004-25)
Section 2-120. Sec. 4-25. 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. 86-907.)
(70 ILCS 325/4-26) (from Ch. 85, par. 7004-26)
Section 155-55. Sec. 4-26. Contracts, concessions or
leases; Bidding. * * *(nonstandard provisions contained in
Section 155-55)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/4-27) (from Ch. 85, par. 7004-27)
Section 2-130. Bids and advertisements. Sec. 4-27.
Advertisements; Bids. 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 of 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 insure 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. 86-907.)
(70 ILCS 325/4-28) (from Ch. 85, par. 7004-28)
Section 155-60. Sec. 4-28. Report; financial statement.
* * *(nonstandard provisions contained in Section 155-60)* *
*
(Source: P.A. 86-907.)
(70 ILCS 325/4-29) (from Ch. 85, par. 7004-29)
Section 2-145. Sec. 4-29. Antitrust laws; State action
exemption. The Authority is hereby expressly made the
beneficiary of the provisions of Section 1 of the Local
Government Antitrust Exemption Act "An Act to make explicit
the authorization for units of local government and certain
other governmental bodies to act as permitted by statute or
the Illinois Constitution, notwithstanding effects on
competition", amendatory veto overridden November 3, 1983, as
now or hereafter amended, 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. 86-907.)
(70 ILCS 325/4-30) (from Ch. 85, par. 7004-30)
Section 2-150. Sec. 4-30. Property Tax exemption. All
property of the Authority shall be exempt from taxation by
the State or any taxing unit therein.
(Source: P.A. 86-907.)
PART 160. MAYWOOD CIVIC CENTER
(70 ILCS 310/5-1) (from Ch. 85, par. 6905-1)
Section 2-3. Purpose. Sec. 5-1. 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. 86-888.)
(70 ILCS 310/5-2) (from Ch. 85, par. 6905-2)
Section 160-1. Short title Sec. 5-2. * * *(nonstandard
provisions contained in Section 160-1)* * *
(Source: P.A. 86-888.)
(70 ILCS 310/5-3) (from Ch. 85, par. 6905-3)
Section 2-5. Definitions. Sec. 5-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 160-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 160-5)*
* *
(Source: P.A. 86-888.)
(70 ILCS 310/5-4) (from Ch. 85, par. 6905-4)
Section 2-10. Lawsuits; common seal. Sec. 5-4. * *
*(nonstandard provisions contained in Section 160-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 160-10)* * *
(Source: P.A. 86-888.)
(70 ILCS 310/5-5) (from Ch. 85, par. 6905-5)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. Sec. 5-5. 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. 86-888.)
(70 ILCS 310/5-6) (from Ch. 85, par. 6905-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 5-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-888.)
(70 ILCS 310/5-7) (from Ch. 85, par. 6905-7)
Section 2-25. Incurring obligations. Sec. 5-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-888.)
(70 ILCS 310/5-8) (from Ch. 85, par. 6905-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 5-8. 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) useful for its purposes, and 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. 86-888.)
(70 ILCS 310/5-9) (from Ch. 85, par. 6905-9)
Section 2-40. Federal money. Sec. 5-9. 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. 86-888.)
(70 ILCS 310/5-10) (from Ch. 85, par. 6905-10)
Section 2-45. Insurance. Sec. 5-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-888.)
(70 ILCS 310/5-11) (from Ch. 85, par. 6905-11)
Section 160-15. Borrowing; revenue bonds. Sec. 5-11. * *
*(nonstandard provisions contained in Section 160-15)* * *
(Source: P.A. 86-888; 86-1028.)
(70 ILCS 310/5-12) (from Ch. 85, par. 6905-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 5-12.
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 aforesaid.
(Source: P.A. 86-888.)
(70 ILCS 310/5-13) (from Ch. 85, par. 6905-13)
Section 2-60. Investment in bonds. Sec. 5-13. 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. 86-888.)
(70 ILCS 310/5-14) (from Ch. 85, par. 6905-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 5-14. * * *(nonstandard provisions
contained in Section 160-20)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-888.)
(70 ILCS 310/5-15) (from Ch. 85, par. 6905-15)
Section 2-80. Board members' oath. Sec. 5-15. * *
*(nonstandard provisions contained in Section 160-25)* * *
Within 30 days after certification of his appointment, and
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. 86-888.)
(70 ILCS 310/5-16) (from Ch. 85, par. 6905-16)
Section 2-85. Board members; vacancy in office. Sec.
5-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member him and an opportunity to be publicly heard in
person or by counsel in the member's his own defense upon not
less than 10 days' days notice.
(Section 2-85, resumed)
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, a member's his
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. 86-888.)
(70 ILCS 310/5-17) (from Ch. 85, par. 6905-17)
Section 2-90. Organization of the Board. Sec. 5-17. 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 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 the chairman's his office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 86-888.)
(70 ILCS 310/5-18) (from Ch. 85, par. 6905-18)
Section 2-96. Meetings; action by 4 Board members. Sec.
5-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-888.)
(70 ILCS 310/5-19) (from Ch. 85, par. 6905-19)
Section 2-100. Secretary; treasurer. Sec. 5-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-888.)
(70 ILCS 310/5-20) (from Ch. 85, par. 6905-20)
Section 2-105. Funds. Sec. 5-20. 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. 86-888.)
(70 ILCS 310/5-21) (from Ch. 85, par. 6905-21)
Section 2-110. Signatures on checks or drafts. Sec. 5-21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article Act ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature, nevertheless,
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 86-888.)
(70 ILCS 310/5-22) (from Ch. 85, par. 6905-22)
Section 2-115. General manager; other appointments. Sec.
5-22. 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 It 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. 86-888.)
(70 ILCS 310/5-23) (from Ch. 85, par. 6905-23)
Section 2-122. Rules and regulations; penalties. Sec.
5-23. 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. 86-888.)
(70 ILCS 310/5-24) (from Ch. 85, par. 6905-24)
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. Sec. 5-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-888.)
(70 ILCS 310/5-25) (from Ch. 85, par. 6905-25)
Section 2-130. Bids and advertisements. Sec. 5.25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * *(nonstandard provisions contained in Section
160-30)* * *
(Source: P.A. 86-888.)
(70 ILCS 310/5-26) (from Ch. 85, par. 6905-26)
Section 2-135. Report and financial statement. Sec.
5.26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-888.)
(70 ILCS 310/5-27) (from Ch. 85, par. 6905-27)
Section 2-140. State financial support. Sec. 5.27. The
Authority created by this Article Act 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.
(Source: P.A. 86-888.)
(70 ILCS 310/5-28) (from Ch. 85, par. 6905-28)
Section 2-145. Antitrust laws. Sec. 5.28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-888.)
(70 ILCS 310/5-29) (from Ch. 85, par. 6905-29)
Section 2-150. Tax exemption. Sec. 5-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-888.)
(70 ILCS 310/5-30) (from Ch. 85, par. 6905-30)
Section 2-30. Prompt payment. Sec. 5-30. Purchases
made under pursuant to this Article shall be made in
compliance with the Local Government Prompt Payment Act, as
now or hereafter amended.
(Source: P.A. 86-888.)
PART 165. MELROSE PARK CIVIC CENTER
(70 ILCS 245/2-1) (from Ch. 85, par. 6702-1)
Section 2-3. Purpose. Sec. 2-1. The purpose of this
Article Act 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. 86-8.)
(70 ILCS 245/2-2) (from Ch. 85, par. 6702-2)
Section 165-1. Short title. Sec. 2-2. * * *(nonstandard
provisions contained in Section 165-1)* * *
(Source: P.A. 86-8.)
(70 ILCS 245/2-3) (from Ch. 85, par. 6702-3)
Section 2-5. Definitions. In Sec. 2-3. When used in this
Article Act:
* * *(nonstandard provisions contained in Section 165-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local governmental or school district
body, and any agency or instrumentality, corporate or
otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 165-5)*
* *
(Source: P.A. 86-8.)
(70 ILCS 245/2-4) (from Ch. 85, par. 6702-4)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
*(nonstandard provisions contained in Section 165-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 165-10)* * *
(Source: P.A. 86-8.)
(70 ILCS 245/2-5) (from Ch. 85, par. 6702-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 2-5. 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. 86-8.)
(70 ILCS 245/2-6) (from Ch. 85, par. 6702-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 86-8.)
(70 ILCS 245/2-7) (from Ch. 85, par. 6702-7)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-8.)
(70 ILCS 245/2-8) (from Ch. 85, par. 6702-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-8. 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) useful for its purposes, and 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. 86-8.)
(70 ILCS 245/2-9) (from Ch. 85, par. 6702-9)
Section 2-40. Federal money. Sec. 2-9. 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. 86-8.)
(70 ILCS 245/2-10) (from Ch. 85, par. 6702-10)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-8.)
(70 ILCS 245/2-11) (from Ch. 85, par. 6702-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate permitted by the Bond Authorization Act "An
Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended, 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority and any of
its officers, agents or employees to perform any duties
required to be performed for the benefit of the holders of
any such bonds or interest coupons by the provisions of the
ordinance authorizing their issuance, and to enjoin the
Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face fact
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 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. 86-8.)
(70 ILCS 245/2-12) (from Ch. 85, par. 6702-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 aforesaid.
(Source: P.A. 86-8.)
(70 ILCS 245/2-13) (from Ch. 85, par. 6702-13)
Section 2-60. Investment in bonds. Sec. 2-13. 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 Act, 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. 86-8.)
(70 ILCS 245/2-14) (from Ch. 85, par. 6702-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-14. * * *(nonstandard provisions
contained in Section 165-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-8.)
(70 ILCS 245/2-15) (from Ch. 85, par. 6702-15)
Section 2-80. Board members oath. Sec. 2-15. * *
*(nonstandard provisions contained in Section 165-20)* * *
Within 30 days after certification of his appointment, and
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. 86-8.)
(70 ILCS 245/2-16) (from Ch. 85, par. 6702-16)
Section 2-85. Board members; vacancy in office. Sec.
2-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * *(nonstandard provisions
contained in Section 165-25)* * *
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, a member's his
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. 86-8.)
(70 ILCS 245/2-17) (from Ch. 85, par. 6702-17)
Section 2-90. Organization of the Board. Sec. 2-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 86-8.)
(70 ILCS 245/2-18) (from Ch. 85, par. 6702-18)
Section 2-96. Meetings; action by 4 Board members. Sec.
2-18. 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 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. 86-8.)
(70 ILCS 245/2-19) (from Ch. 85, par. 6702-19)
Section 2-100. Secretary; treasurer. Sec. 2-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-8.)
(70 ILCS 245/2-20) (from Ch. 85, par. 6702-20)
Section 2-105. Funds. Sec. 2-20. 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. 86-8.)
(70 ILCS 245/2-21) (from Ch. 85, par. 6702-21)
Section 2-110. Signatures on checks or drafts. Sec.
2-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature,
nevertheless, shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 86-8.)
(70 ILCS 245/2-22) (from Ch. 85, par. 6702-22)
Section 2-115. General manager; other appointments. Sec.
2-22. 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 It 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. 86-8.)
(70 ILCS 245/2-23) (from Ch. 85, par. 6702-23)
Section 2-122. Rules and regulations; penalties. Sec.
2-23. 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. 86-8.)
(70 ILCS 245/2-24) (from Ch. 85, par. 6702-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 2-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-8.)
(70 ILCS 245/2-25) (from Ch. 85, par. 6702-25)
Section 2-130. Bids and advertisements. Sec. 2-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * *(nonstandard provisions contained in Section
165-30)* * *
(Source: P.A. 86-8.)
(70 ILCS 245/2-26) (from Ch. 85, par. 6702-26)
Section 2-135. Report and financial statement. Sec.
2-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-8.)
(70 ILCS 245/2-27) (from Ch. 85, par. 6702-27)
Section 2-140. State financial support. Sec. 2-27. The
Authority created by this Article Act 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.
(Source: P.A. 86-8.)
(70 ILCS 245/2-28) (from Ch. 85, par. 6702-28)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-8.)
(70 ILCS 245/2-29) (from Ch. 85, par. 6702-29)
Section 2-150. Tax exemption. Sec. 2-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-8.)
(70 ILCS 245/2-30) (from Ch. 85, par. 6702-30)
Section 2-30. Prompt payment. Sec. 2-30. Purchases made
under this Article pursuant to this Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-8.)
PART 170. METROPOLITAN CIVIC CENTER
(70 ILCS 205/1) (from Ch. 85, par. 1361)
Section 170-1. Short title. Sec. 1. * * *(nonstandard
provisions contained in Section 170-1)* * *
(Source: P.A. 76-1770.)
(70 ILCS 205/2) (from Ch. 85, par. 1362)
Section 2-5. Definitions. Sec. 2. When used In this
Article Act:
* * *(nonstandard provisions contained in Section 170-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 170-5)*
* *
(Source: P.A. 76-1770.)
(70 ILCS 205/3) (from Ch. 85, par. 1363)
Section 2-10. Lawsuits; common seal. Sec. 3. * * *
(nonstandard provisions contained in Section 170-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 170-10) * * *
(Source: P.A. 85-1209.)
(70 ILCS 205/4) (from Ch. 85, par. 1364)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 4. 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. 76-1770.)
(70 ILCS 205/5) (from Ch. 85, par. 1365)
Section 170-15. Rights and powers. Sec. 5. * *
*(nonstandard provisions contained in Section 170-15)* * *
(Source: P.A. 76-1770.)
(70 ILCS 205/6) (from Ch. 85, par. 1366)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 76-1770.)
(70 ILCS 205/6.1) (from Ch. 85, par. 1366.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 205/7) (from Ch. 85, par. 1367)
Section 170-20. Acquisition of property; money from
State. Sec. 7. * * * (nonstandard provisions contained in
Section 170-20) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 205/8) (from Ch. 85, par. 1368)
Section 2-40. Federal money. Sec. 8. 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. 76-1770.)
(70 ILCS 205/9) (from Ch. 85, par. 1369)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: P.A. 76-1770.)
(70 ILCS 205/10) (from Ch. 85, par. 1370)
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said 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 and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of any
contract or covenant made by the Authority with the holders
of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
or 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 action and 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required
to be filed. Copies of such advertisement may be published in
any newspaper or financial publication in the United States.
All bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However, if
no bids are received such bonds may be sold at not less than
par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 205/11) (from Ch. 85, par. 1371)
Section 2-55. Bonds; nature of indebtedness. Sec. 11.
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 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
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 aforesaid.
(Source: P.A. 85-1209.)
(70 ILCS 205/12) (from Ch. 85, par. 1372)
Section 2-60. Investment in bonds. Sec. 12. 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 Act, it if 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. 76-1770.)
(70 ILCS 205/13) (from Ch. 85, par. 1373)
Section 170-25. Bonds other than revenue bonds. Sec. 13.
* * * (nonstandard provisions contained in Section 170-25) *
* *
(Source: P.A. 81-1489.)
(70 ILCS 205/14) (from Ch. 85, par. 1374)
Section 170-30. Tax. Sec. 14. * * * (nonstandard
provisions contained in Section 170-30) * * *
(Source: P.A. 81-1509.)
(70 ILCS 205/15) (from Ch. 85, par. 1375)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 15. * * *(nonstandard provisions contained in
Section 170-35)* * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-1209.)
(70 ILCS 205/16) (from Ch. 85, par. 1376)
Section 2-80. Board members' oath. Sec. 16. * *
*(nonstandard provisions contained in Section 170-40)* * *
Within 30 days after certification of his appointment, and
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. 81-1509.)
(70 ILCS 205/17) (from Ch. 85, par. 1377)
Section 2-85. Board members; vacancy in office. Sec. 17.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 ten days' notice.
(Section 2-85, resumed)
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, a member's his
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. 76-1770.)
(70 ILCS 205/18) (from Ch. 85, par. 1378)
Section 2-90. Organization of the Board. Sec. 18. 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 his office as a member of the Board or for
the term of 3 three years, whichever is shorter.
(Source: P.A. 76-1770.)
(70 ILCS 205/19) (from Ch. 85, par. 1379)
Section 170-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 19. * * *
(nonstandard provisions contained in Section 170-45) * * *
(Source: P.A. 82-783.)
(70 ILCS 205/20) (from Ch. 85, par. 1380)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 205/21) (from Ch. 85, par. 1381)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 21. 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 $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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 205/22) (from Ch. 85, par. 1382)
Section 2-110. Signatures on checks or drafts. Sec. 22.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 76-1770.)
(70 ILCS 205/23) (from Ch. 85, par. 1383)
Section 2-115. General manager; other appointments. Sec.
23. 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 It 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. 81-257.)
(70 ILCS 205/24) (from Ch. 85, par. 1384)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 ten days after its publication.
(Source: P.A. 76-1770.)
(70 ILCS 205/25) (from Ch. 85, par. 1385)
Section 170-50. Contracts. Sec. 25. * * * (nonstandard
provisions contained in Section 170-50) * * *
(Source: P.A. 76-1770.)
(70 ILCS 205/26) (from Ch. 85, par. 1386)
Section 2-130. Bids and advertisements. Sec. 26.
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 ten
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 of 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 insure
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.
* * *(nonstandard provisions contained in Section
170-55)* * *
(Source: P.A. 79-1358.)
(70 ILCS 205/27) (from Ch. 85, par. 1387)
Section 2-135. Report and financial statement. Sec. 27.
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 as provided in Section 16.
(Source: P.A. 76-1770.)
(70 ILCS 205/27a) (from Ch. 85, par. 1387a)
Section 2-150. Tax exemption. Sec. 27a. Exemption from
taxation. All property of the an Authority created pursuant
to this Act shall be exempt from taxation by the State or any
taxing unit therein.
(Source: P.A. 84-1308.)
(70 ILCS 205/27b) (from Ch. 85, par. 1387b)
Section 2-145. Antitrust laws. Sec. 27b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 205/27c) (from Ch. 85, par. 1387c)
Section 2-140. State financial support. Sec. 27c. 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. 83-1456.)
(70 ILCS 205/28) (from Ch. 85, par. 1388)
Section 2-155. Partial invalidity. Sec. 28. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article Act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act to any person or circumstance
circumstances 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. 76-1770.)
PART 175. MILFORD CIVIC CENTER
(70 ILCS 220/7-1) (from Ch. 85, par. 5101)
Section 175-1. Short title. Sec. 7-1. * * *(nonstandard
provisions contained in Section 175-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/7-2) (from Ch. 85, par. 5102)
Section 2-5. Definitions. Sec. 7-2. As used In this
Article, unless the context otherwise requires:
* * *(nonstandard provisions contained in Section 175-5)*
* *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 175-5)
* * * (Source: P.A. 84-245.)
(70 ILCS 220/7-3) (from Ch. 85, par. 5103)
Section 2-10. Lawsuits; common seal. Sec. 7-3. * *
*(nonstandard provisions contained in Section 175-10)* * *
(a) The Authority may sue and be sued in its corporate
own 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. * * *(nonstandard provisions contained
in Section 175-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/7-4) (from Ch. 85, par. 5104)
Section 2-17. Duties; auditorium and other buildings.
Sec. 7-4. 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. 84-245.)
(70 ILCS 220/7-5) (from Ch. 85, par. 5105)
Section 2-21. Rights and powers. Sec. 7-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To 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. 84-245.)
(70 ILCS 220/7-6) (from Ch. 85, par. 5106)
Section 2-25. Incurring obligations. Sec. 7-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/7-7) (from Ch. 85, par. 5107)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 7-7. 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) and 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. 84-245.)
(70 ILCS 220/7-8) (from Ch. 85, par. 5108)
Section 2-40. Federal money. Sec. 7-8. 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. 84-245.)
(70 ILCS 220/7-9) (from Ch. 85, par. 5109)
Section 2-45. Insurance. Sec. 7-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/7-10) (from Ch. 85, par. 5110)
Section 2-51. Borrowing; revenue bonds; mandamus or
other actions to compel performance. Sec. 7-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by 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 "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 84-245.)
(70 ILCS 220/7-11) (from Ch. 85, par. 5111)
Section 175-12. Bonds; nature of indebtedness. Sec.
7-11.* * * (nonstandard provisions contained in Section
175-12) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/7-12) (from Ch. 85, par. 5112)
Section 175-13. Investment in bonds. Sec. 7-12. * * *
(nonstandard provisions contained in Section 175-13) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/7-13) (from Ch. 85, par. 5113)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 7-13. * * *(nonstandard provisions
contained in Section 175-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/7-14) (from Ch. 85, par. 5114)
Section 2-80. Board members' oath. Sec. 7-14. * *
*(nonstandard provisions contained in Section 175-20)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/7-15) (from Ch. 85, par. 5115)
Section 2-85. Board members; vacancy in office. Sec.
7-15. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member him, and by providing him an opportunity to be
publicly heard in person or by counsel in the member's his
own defense upon not less than 10 days' notice.
(Section 2-85, resumed)
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 84-245.)
(70 ILCS 220/7-16) (from Ch. 85, par. 5116)
Section 2-90. Organization of the Board. Sec. 7-16. As
soon as practicably possible practicable 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 his office
as a member of the Board or for the a term of 3 years,
whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/7-17) (from Ch. 85, par. 5117)
Section 2-96. Meetings; action by 4 Board members. Sec.
7-17. 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 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 ordinances, resolutions and records of 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. 84-245.)
(70 ILCS 220/7-18) (from Ch. 85, par. 5118)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 7-18. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/7-19) (from Ch. 85, par. 5119)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 7-19. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 84-245.)
(70 ILCS 220/7-20) (from Ch. 85, par. 5120)
Section 2-110. Signatures on checks or drafts. Sec. 7-20.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases to hold
office (after attaching his or her signature) to hold his
office and before the delivery of the check or draft thereof
to the payee, that his signature nevertheless shall be valid
and sufficient for all purposes with the same effect as if
the officer he had remained in office until delivery
thereof.
(Source: P.A. 84-245.)
(70 ILCS 220/7-21) (from Ch. 85, par. 5121)
Section 2-115. General manager; other appointments. Sec.
7-21. The Board may appoint a general manager who shall be a
person of recognized ability and business experience, to hold
office during at the pleasure of the Board. The general
manager shall have management of manage the properties and
business of the Authority and of the employees thereof
subject to the general control of the Board, and 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. 84-245.)
(70 ILCS 220/7-22) (from Ch. 85, par. 5122)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 7-22. 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. 84-245.)
(70 ILCS 220/7-23) (from Ch. 85, par. 5123)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 7-23. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 84-245.)
(70 ILCS 220/7-24) (from Ch. 85, par. 5124)
Section 2-130. Bids and advertisements. Sec. 7-24.
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 of 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 insure
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. 84-245.)
(70 ILCS 220/7-25) (from Ch. 85, par. 5125)
Section 175-25. Report and financial statement. Sec.
7-25. * * *(nonstandard provisions contained in Section
175-25)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/7-26) (from Ch. 85, par. 5126)
Section 2-150. Tax exemption. Sec. 7-26. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 84-245.)
(70 ILCS 220/7-27) (from Ch. 85, par. 5127)
Section 2-145. Antitrust laws. Sec. 7-27. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 84-245.)
(70 ILCS 220/7-28) (from Ch. 85, par. 5128)
Section 2-140. State financial support. Sec. 7-28. The
Authority created by this Article Act 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. 84-245.)
PART 180. NORMAL CIVIC CENTER
(70 ILCS 220/2-1) (from Ch. 85, par. 4601)
Section 2-3. Purpose. Sec. 2-1. 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. 84-245.)
(70 ILCS 220/2-2) (from Ch. 85, par. 4602)
Section 180-1. Short title. Sec. 2-2. * * *(nonstandard
provisions contained in Section 180-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/2-3) (from Ch. 85, par. 4603)
Section 2-5. Definitions. Sec. 2-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 180-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government governmental or
school district body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 180-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/2-4) (from Ch. 85, par. 4604)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
*(nonstandard provisions contained in Section 180-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 180-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/2-5) (from Ch. 85, par. 4605)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 2-5. 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. 84-245.)
(70 ILCS 220/2-6) (from Ch. 85, par. 4606)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 84-245.)
(70 ILCS 220/2-7) (from Ch. 85, par. 4607)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/2-8) (from Ch. 85, par. 4608)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-8. 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, useful for its purposes, and (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. 84-245.)
(70 ILCS 220/2-9) (from Ch. 85, par. 4609)
Section 2-40. Federal money. Sec. 2-9. 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. 84-245.)
(70 ILCS 220/2-10) (from Ch. 85, par. 4610)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/2-11) (from Ch. 85, par. 4611)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 84-245.)
(70 ILCS 220/2-12) (from Ch. 85, par. 4612)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 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
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 aforesaid.
(Source: P.A. 84-245.)
(70 ILCS 220/2-13) (from Ch. 85, par. 4613)
Section 2-60. Investment in bonds. Sec. 2-13. 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. 84-245.)
(70 ILCS 220/2-14) (from Ch. 85, par. 4614)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-14. * * *(nonstandard provisions
contained in Section 180-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/2-15) (from Ch. 85, par. 4615)
Section 2-80. Board members' oath. Sec. 2-15. * *
*(nonstandard provisions contained in Section 180-20)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/2-16) (from Ch. 85, par. 4616)
Section 2-85. Board members; vacancy in office. Sec.
2-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * *(nonstandard provisions
contained in Section 180-25)* * *
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, a member's his
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. 84-245.)
(70 ILCS 220/2-17) (from Ch. 85, par. 4617)
Section 2-90. Organization of the Board. Sec. 2-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/2-18) (from Ch. 85, par. 4618)
Section 2-95. Meetings; action by 5 Board members. Sec.
2-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 84-245.)
(70 ILCS 220/2-19) (from Ch. 85, par. 4619)
Section 2-100. Secretary; treasurer. Sec. 2-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/2-20) (from Ch. 85, par. 4620)
Section 2-105. Funds. Sec. 2-20. 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. 84-245.)
(70 ILCS 220/2-21) (from Ch. 85, par. 4621)
Section 2-110. Signatures on checks or drafts. Sec.
2-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 84-245.)
(70 ILCS 220/2-22) (from Ch. 85, par. 4622)
Section 2-115. General manager; other appointments. Sec.
2-22. 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 It 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. 84-245.)
(70 ILCS 220/2-23) (from Ch. 85, par. 4623)
Section 2-122. Rules and regulations; penalties. Sec.
2-23. 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. 84-245.)
(70 ILCS 220/2-24) (from Ch. 85, par. 4624)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 2-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 84-245.)
(70 ILCS 220/2-25) (from Ch. 85, par. 4625)
Section 2-130. Bids and advertisements. Sec. 2-25.
Advertisements Advertisement 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 of 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 insure 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.
* * *(nonstandard provisions contained in Section
180-30)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/2-26) (from Ch. 85, par. 4626)
Section 2-135. Report and financial statement. Sec.
2-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 84-245.)
(70 ILCS 220/2-27) (from Ch. 85, par. 4627)
Section 2-140. State financial support. Sec. 2-27. The
Authority Authorities created by this Article Act 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. 84-245.)
(70 ILCS 220/2-28) (from Ch. 85, par. 4628)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/2-29) (from Ch. 85, par. 4629)
Section 2-150. Tax exemption. Sec. 2-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 84-245.)
PART 185. OAK PARK CIVIC CENTER
(70 ILCS 220/10-1) (from Ch. 85, par. 5401)
Section 185-1. Short title. Sec. 10-1. (nonstandard
provisions contained in Section 185-1) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-2) (from Ch. 85, par. 5402)
Section 2-5. Definitions. Sec. 10-2. When used In this
Article:
* * * (nonstandard provisions contained in Section 185-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 185-5)
* * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-3) (from Ch. 85, par. 5403)
Section 2-10. Lawsuits; common seal. Sec. 10-3. * * *
(nonstandard provisions contained in Section 185-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 185-10) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-4) (from Ch. 85, par. 5404)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 10-4. 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. 84-245.)
(70 ILCS 220/10-5) (from Ch. 85, par. 5405)
Section 185-15. Rights and powers. Sec. 10-5. * * *
(nonstandard provisions contained in Section 185-15) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-6) (from Ch. 85, par. 5406)
Section 2-25. Incurring obligations. Sec. 10-6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/10-7) (from Ch. 85, par. 5407)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 10-7. 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, from any
municipal corporation, body politic, or agency of the State,
or from the State itself, (ii) useful for its purposes, and
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. 84-245.)
(70 ILCS 220/10-8) (from Ch. 85, par. 5408)
Section 2-40. Federal money. Sec. 10-8. 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. 84-245.)
(70 ILCS 220/10-9) (from Ch. 85, par. 5409)
Section 2-45. Insurance. Sec. 10-9. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/10-10) (from Ch. 85, par. 5410)
Section 185-20. Borrowing; revenue bonds. Sec. 10-10. *
* * (nonstandard provisions contained in Section 185-20) * *
*
(Source: P.A. 86-4.)
(70 ILCS 220/10-11) (from Ch. 85, par. 5411)
Section 185-25. Bonds; nature of indebtedness. Sec.
10-11. * * * (nonstandard provisions contained in Section
185-25) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-12) (from Ch. 85, par. 5412)
Section 2-60. Investment in bonds. Sec. 10-12. 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 Act, 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. 84-245.)
(70 ILCS 220/10-13) (from Ch. 85, par. 5413)
Section 185-30. Bonds other than revenue bonds;
election. Sec. 10-13. * * * (nonstandard provisions contained
in Section 185-30) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-14) (from Ch. 85, par. 5414)
Section 185-35. Tax. Sec. 10-14. * * * (nonstandard
provisions contained in Section 185-35) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-15) (from Ch. 85, par. 5415)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 10-15. * * * (nonstandard provisions contained
in Section 185-40) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/10-16) (from Ch. 85, par. 5416)
Section 2-80. Board members' oath. Sec. 10-16. * * *
(nonstandard provisions contained in Section 185-45) * * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/10-17) (from Ch. 85, par. 5417)
Section 2-85. Board members; vacancy in office. Sec.
10-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 84-245.)
(70 ILCS 220/10-18) (from Ch. 85, par. 5418)
Section 2-90. Organization of the Board. Sec. 10-18. 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 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 the chairman's his office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/10-19) (from Ch. 85, par. 5419)
Section 2-95. Meetings; action by 5 Board members. Sec.
10-19. 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 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 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. 84-245.)
(70 ILCS 220/10-20) (from Ch. 85, par. 5420)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 10-20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/10-21) (from Ch. 85, par. 5421)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 10-21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 84-245.)
(70 ILCS 220/10-22) (from Ch. 85, par. 5422)
Section 2-110. Signatures on checks or drafts. Sec.
10-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 84-245.)
(70 ILCS 220/10-23) (from Ch. 85, par. 5423)
Section 2-115. General manager; other appointments. Sec.
10-23. 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 It 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. 84-245.)
(70 ILCS 220/10-24) (from Ch. 85, par. 5424)
Section 2-120. Ordinance, rules, and regulations; fines
and penalties. Sec. 10-24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 84-245.)
(70 ILCS 220/10-25) (from Ch. 85, par. 5425)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 10-25. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 84-245.)
(70 ILCS 220/10-26) (from Ch. 85, par. 5426)
Section 2-130. Bids and advertisements. Sec. 10-26.
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 of 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 insure
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. 84-245.)
(70 ILCS 220/10-27) (from Ch. 85, par. 5427)
Section 2-150. Tax exemption. Sec. 10-27. All property
of the Oak Park Civic Center Authority shall be exempt from
taxation by the State or any taxing unit therein.
(Source: P.A. 84-245.)
(70 ILCS 220/10-28) (from Ch. 85, par. 5428)
Section 185-50. Report and financial statement. Sec.
10-28. * * * (nonstandard provisions contained in Section
185-50) * * *
(Source: P.A. 84-245.)
(70 ILCS 220/10-29) (from Ch. 85, par. 5429)
Section 2-145. Antitrust laws. Sec. 10-29. The
Authority is hereby expressly made the beneficiary of the
provisions of Section 1 of the Local Government Antitrust
Exemption Act "An Act to make explicit the authorization for
units of local government and certain other governmental
bodies to act as permitted by statute or the Illinois
Constitution, notwithstanding effects on competition",
amendatory veto overridden November 3, 1983, and the General
Assembly intends that the "State action exemption" to the
application of the federal antitrust anti-trust 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. 84-245.)
(70 ILCS 220/10-30) (from Ch. 85, par. 5430)
Section 2-140. State financial support. Sec. 10-30. 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. 84-245.)
PART 190. ORLAND PARK CIVIC CENTER
(70 ILCS 270/4-1) (from Ch. 85, par. 3701)
Section 190-1. Short title. * * *(nonstandard provisions
contained in Section 190-1)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-2) (from Ch. 85, par. 3702)
Section 2-5. Definitions. Sec. 4-2. As used In this
Article, unless the context otherwise requires:
* * *(nonstandard provisions contained in Section 190-5)*
* *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 190-5)*
* *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-3) (from Ch. 85, par. 3703)
Section 2-10. Lawsuits; common seal. Sec. 4-3. * *
*(nonstandard provisions contained in Section 190-10)* * *
(a) The Authority may sue and be sued in its corporate
own 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 such seal at its pleasure. * * *(nonstandard provisions
contained in Section 190-10)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-4) (from Ch. 85, par. 3704)
Section 2-17. Duties; auditorium and other buildings.
Sec. 4-4. 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. 83-1456.)
(70 ILCS 270/4-5) (from Ch. 85, par. 3705)
Section 2-21. Rights and powers. Sec. 4-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To 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. 83-1456.)
(70 ILCS 270/4-6) (from Ch. 85, par. 3706)
Section 2-25. Incurring obligations. Sec. 4-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-6.1) (from Ch. 85, par. 3706.1)
Section 2-30. Prompt payment. Sec. 4-6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/4-7) (from Ch. 85, par. 3707)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 4-7. 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) and 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. 83-1456.)
(70 ILCS 270/4-8) (from Ch. 85, par. 3708)
Section 2-40. Federal money. Sec. 4-8. 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. 83-1456.)
(70 ILCS 270/4-9) (from Ch. 85, par. 3709)
Section 2-45. Insurance. Sec. 4-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-10) (from Ch. 85, par. 3710)
Section 2-51. Borrowing; revenue bonds; mandamus or
other actions to compel performance. Sec. 4-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by 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 "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 83-1456.)
(70 ILCS 270/4-11) (from Ch. 85, par. 3711)
Section 190-15. Bonds; nature of indebtedness. Sec.
4-11. * * *(nonstandard provisions contained in Section
190-15)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-12) (from Ch. 85, par. 3712)
Section 190-20. Investment in bonds. Sec. 4-12. * *
*(nonstandard provisions contained in Section 190-20)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-13) (from Ch. 85, par. 3713)
Section 190-25. Bonds other than revenue bonds. Sec.
4-13. * * *(nonstandard provisions contained in Section
190-25)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-14) (from Ch. 85, par. 3714)
Section 190-30. Tax. Sec. 4-14. * * *(nonstandard
provisions contained in Section 190-30)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-15) (from Ch. 85, par. 3715)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 4-15. * * *(nonstandard provisions
contained in Section 190-35)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-16) (from Ch. 85, par. 3716)
Section 2-80. Board members' oath. Sec. 4-16. * *
*(nonstandard provisions contained in Section 190-40)* * *
Within 30 days after certification of his appointment, and
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. 83-1456.)
(70 ILCS 270/4-17) (from Ch. 85, par. 3717)
Section 2-85. Board members; vacancy in office. Sec.
4-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member and him, and by providing him an opportunity to be
publicly heard in person or by counsel in the member's his
own defense upon not less than 10 days' notice.
(Section 2-85, resumed)
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-18) (from Ch. 85, par. 3718)
Section 2-90. Organization of the Board. Sec. 4-18. As
soon as practicably possible practicable 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 his office
as a member of the Board or for the a term of 3 years,
whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-19) (from Ch. 85, par. 3719)
Section 2-96. Meetings; action by 4 Board members. Sec.
4-19. 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 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 ordinances, resolutions and records of 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. 83-1456.)
(70 ILCS 270/4-20) (from Ch. 85, par. 3720)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 4-20. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-21) (from Ch. 85, par. 3721)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 4-21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-22) (from Ch. 85, par. 3722)
Section 2-110. Signatures on checks or drafts. Sec.
4-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-23) (from Ch. 85, par. 3723)
Section 190-45. General manager; other appointments.
Sec. 4-23. * * *(nonstandard provisions contained in Section
190-45)* * *
(Source: P.A. 87-738.)
(70 ILCS 270/4-24) (from Ch. 85, par. 3724)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 4-24. 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. 83-1456.)
(70 ILCS 270/4-25) (from Ch. 85, par. 3725)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 4-25. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 83-1456.)
(70 ILCS 270/4-26) (from Ch. 85, par. 3726)
Section 2-130. Bids and advertisements. Sec. 4-26.
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 of 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 insure
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. 83-1456.)
(70 ILCS 270/4-27) (from Ch. 85, par. 3727)
Section 190-50. Report and financial statement. Sec.
4-27. * * *(nonstandard provisions contained in Section
190-50)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/4-28) (from Ch. 85, par. 3728)
Section 2-150. Tax exemption. Sec. 4-28. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-29) (from Ch. 85, par. 3729)
Section 2-145. Antitrust laws. Sec. 4-29. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 270/4-30) (from Ch. 85, par. 3730)
Section 2-140. State financial support. Sec. 4-30. The
Authority created by this Article Act 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. 83-1456.)
PART 195. OTTAWA CIVIC CENTER
(70 ILCS 325/5-1) (from Ch. 85, par. 7005-1)
Section 2-3. Purpose Sec. 5-1. 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. 86-907.)
(70 ILCS 325/5-2) (from Ch. 85, par. 7005-2)
Section 195-1. Short title Sec. 5-2. * * *(nonstandard
provisions contained in Section 195-1)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/5-3) (from Ch. 85, par. 7005-3)
Section 2-5. Definitions. Sec. 5-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 195-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 195-5)*
* *
(Source: P.A. 86-907.)
(70 ILCS 325/5-4) (from Ch. 85, par. 7005-4)
Section 2-10. Lawsuit; common seal Sec. 5-4. * *
*(nonstandard provisions contained in Section 195-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 195-10)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/5-5) (from Ch. 85, par. 7005-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space Sec. 5-5. 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. 86-907.)
(70 ILCS 325/5-6) (from Ch. 85, par. 7005-6)
Section 2-20. Rights and powers, including eminent
domain Sec. 5-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-907.)
(70 ILCS 325/5-7) (from Ch. 85, par. 7005-7)
Section 2-25. Incurring obligations Sec. 5-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/5-8) (from Ch. 85, par. 7005-8)
Section 2-35. Acquisition of property from person, State,
or local agency Sec. 5-8. 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) useful for its purposes, and 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. 86-907.)
(70 ILCS 325/5-9) (from Ch. 85, par. 7005-9)
Section 2-40. Federal money Sec. 5-9. 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. 86-907.)
(70 ILCS 325/5-10) (from Ch. 85, par. 7005-10)
Section 2-45. Insurance Sec. 5-10. 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 his or her office or
employment, and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/5-11) (from Ch. 85, par. 7005-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance Sec. 5-11. 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, as
now or hereafter amended, 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 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 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, 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. 86-907; 86-1028.)
(70 ILCS 325/5-12) (from Ch. 85, par. 7005-12)
Section 2-55. Bonds; nature of indebtedness Sec. 5-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/5-13) (from Ch. 85, par. 7005-13)
Section 2-60. Investment in bonds Sec. 5-13. 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. 86-907.)
(70 ILCS 325/5-14) (from Ch. 85, par. 7005-14)
Section 2-75. Board members; financial matters; conflict
of interest Sec. 5-14. * * *(nonstandard provisions contained
in Section 195-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/5-15) (from Ch. 85, par. 7005-15)
Section 2-80. Board members' oath Sec. 5-15. * *
*(nonstandard provisions contained in Section 195-20)* * *
Within 30 days after certification of his or her appointment,
and before entering upon the duties of his or her 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. 86-907.)
(70 ILCS 325/5-16) (from Ch. 85, par. 7005-16)
Section 2-85. Board members; vacancy in office Sec. 5-16.
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 to take effect when
the member's his or her successor has been appointed and has
qualified. * * *(nonstandard provisions contained in Section
195-25)* * *
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 86-907.)
(70 ILCS 325/5-17) (from Ch. 85, par. 7005-17)
Section 2-90. Organization of the Board Sec. 5-17. As
soon as practicably possible after the appointment of the
initial members, the Board shall organize for the transaction
of business, select a chairman chairperson and a temporary
secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman
chairperson and his or her successors shall be elected by the
Board from time to time for the term of the chairman's his or
her office as a member of the Board or for the term of 3
years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/5-18) (from Ch. 85, par. 7005-18)
Section 2-95. Meetings; action by 5 Board members Sec.
5-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/5-19) (from Ch. 85, par. 7005-19)
Section 2-100. Secretary; treasurer Sec. 5-19. 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
him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer
in a 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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/5-20) (from Ch. 85, par. 7005-20)
Section 2-105. Funds Sec. 5-20. 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 chairperson 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 chairperson 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. 86-907.)
(70 ILCS 325/5-21) (from Ch. 85, par. 7005-21)
Section 2-110. Signatures on checks or drafts Sec. 5-21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article Act ceases (after
attaching his or her signature) to hold office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his or her
signature, nevertheless, shall be valid and sufficient for
all purposes with the same effect as if the officer he or she
had remained in office until delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/5-22) (from Ch. 85, par. 7005-22)
Section 2-115. General manager; other appointments Sec.
5-22. 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 It 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. 86-907.)
(70 ILCS 325/5-23) (from Ch. 85, par. 7005-23)
Section 2-122. Rules and regulations; penalties Sec.
5-23. 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. 86-907.)
(70 ILCS 325/5-24) (from Ch. 85, par. 7005-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members Sec. 5-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-907.)
(70 ILCS 325/5-25) (from Ch. 85, par. 7005-25)
Section 2-130. Bids and advertisements Sec. 5-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure free and open
competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action in
the circuit court in the county in which the metropolitan
area is located to compel compliance with the provisions of
this Article relating to the awarding of contracts by the
Board.
(Source: P.A. 86-907.)
(70 ILCS 325/5-26) (from Ch. 85, par. 7005-26)
Section 195-30. Report and financial statement Sec. 5-26.
* * *(nonstandard provisions contained in Section 195-30)* *
*
(Source: P.A. 86-907.)
(70 ILCS 325/5-27) (from Ch. 85, par. 7005-27)
Section 2-140. State financial support Sec. 5-27. 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.
(Source: P.A. 86-907.)
(70 ILCS 325/5-28) (from Ch. 85, par. 7005-28)
Section 2-145. Antitrust laws Sec. 5-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, and
the General Assembly intends that the "State action
exemption" to the application of the federal antitrust
anti-trust 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. 86-907.)
(70 ILCS 325/5-29) (from Ch. 85, par. 7005-29)
Section 2-150. Tax exemption Sec. 5-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/5-30) (from Ch. 85, par. 7005-30)
Section 2-30. Prompt payment Sec. 5-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 86-907.)
PART 200. PEKIN CIVIC CENTER
(70 ILCS 320/2-1) (from Ch. 85, par. 3201)
Section 200-1. Short title. Sec. 2-1. * * *(nonstandard
provisions contained in Section 200-1)* * *
(Source: P.A. 83-1528.)
(70 ILCS 320/2-2) (from Ch. 85, par. 3202)
Section 2-5. Definitions. Sec. 2-2. When used In this
Article Act:
* * *(nonstandard provisions contained in Section 200-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 200-5)*
* *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-3) (from Ch. 85, par. 3203)
Section 2-10. Lawsuits; common seal. Sec. 2-3. * *
*(nonstandard provisions contained in Section 200-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 200-10)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-4) (from Ch. 85, par. 3204)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 2-4. 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, and 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. 83-1435.)
(70 ILCS 320/2-5) (from Ch. 85, par. 3205)
Section 200-15. Rights and powers. Sec. 2-5. * *
*(nonstandard provisions contained in Section 200-15)* * *
(Source: P.A. 83-1528.)
(70 ILCS 320/2-6) (from Ch. 85, par. 3206)
Section 2-25. Incurring obligations. Sec. 2-6. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-6.1) (from Ch. 85, par. 3206.1)
Section 2-30. Prompt payment. Sec. 2-6.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the Local "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 320/2-7) (from Ch. 85, par. 3207)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-7. 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) useful for its purposes, and 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. 83-1435.)
(70 ILCS 320/2-8) (from Ch. 85, par. 3208)
Section 2-40. Federal money. Sec. 2-8. 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. 83-1435.)
(70 ILCS 320/2-9) (from Ch. 85, par. 3209)
Section 2-45. Insurance. Sec. 2-9. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-10) (from Ch. 85, par. 3210)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-10. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 bonds 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority or 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 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 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1435.)
(70 ILCS 320/2-11) (from Ch. 85, par. 3211)
Section 200-20. Bonds; nature of indebtedness. Sec.
2-11. * * *(nonstandard provisions contained in Section
200-20)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-12) (from Ch. 85, par. 3212)
Section 2-60. Investment in bonds. Sec. 2-12. 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 Act, 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. 83-1435.)
(70 ILCS 320/2-13) (from Ch. 85, par. 3213)
Section 200-25. Bonds other than revenue bonds;
election. Sec. 2-13. * * *(nonstandard provisions contained
in Section 200-25)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-14) (from Ch. 85, par. 3214)
Section 200-30. Tax. Sec. 2-14. * * *(nonstandard
provisions contained in Section 200-30)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-15) (from Ch. 85, par. 3215)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 2-15. * * *(nonstandard provisions contained
in Section 200-35)* * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-16) (from Ch. 85, par. 3216)
Section 2-80. Board members' oath. Sec. 2-16. * *
*(nonstandard provisions contained in Section 200-40)* * *
Within 30 days after certification of his appointment, and
before entering upon the duties of his office, each member of
the Board shall take and subscribe the constitutional
constitution oath of office and file it in the office of the
Secretary of State.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-17) (from Ch. 85, par. 3217)
Section 2-85. Board members; vacancy in office. Sec.
2-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
office shall become vacant. Each vacancy or position
succession 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. 83-1435.)
(70 ILCS 320/2-18) (from Ch. 85, par. 3218)
Section 2-90. Organization of the Board. Sec. 2-18. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-19) (from Ch. 85, par. 3219)
Section 200-45. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 2-19. * *
*(nonstandard provisions contained in Section 200-45)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-20) (from Ch. 85, par. 3220)
Section 2-100. Secretary; treasurer. Sec. 2-20. 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 its 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 him according to law and the orders of the Board.
The Board may, at any time, require a new bond from the
treasurer in a 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 national or state bank wherein the treasurer has
deposited funds if the bank has been approved by the Board as
a depositary depository for those these funds. The oaths of
office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-21) (from Ch. 85, par. 3221)
Section 2-105. Funds. Sec. 2-21. 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. 83-1435.)
(70 ILCS 320/2-22) (from Ch. 85, par. 3222)
Section 2-110. Signatures on checks or drafts. Sec.
2-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature), to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-23) (from Ch. 85, par. 3223)
Section 2-115. General manager; other appointments. Sec.
2-23. 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 It 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. 83-1435.)
(70 ILCS 320/2-24) (from Ch. 85, par. 3224)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 2-24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 ten days after its publication.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-25) (from Ch. 85, par. 3225)
Section 200-50. Contracts. Sec. 2-25. * * *(nonstandard
provisions contained in Section 200-50)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-26) (from Ch. 85, par. 3226)
Section 2-130. Bids and advertisements. Sec. 2-26.
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 ten
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 of 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 insure
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.
* * *(nonstandard provisions contained in Section
200-55)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-27) (from Ch. 85, par. 3227)
Section 200-60. Report and financial statement. Sec.
2-27. * * *(nonstandard provisions contained in Section
200-60)* * *
(Source: P.A. 83-1435.)
(70 ILCS 320/2-28) (from Ch. 85, par. 3228)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effect on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-29) (from Ch. 85, par. 3229)
Section 2-150. Tax Exemption. Sec. 2-29. All property
of the Pekin Civic Center Authority shall be exempt from
taxation by the State or any taxing unit therein.
(Source: P.A. 83-1435.)
(70 ILCS 320/2-30) (from Ch. 85, par. 3230)
Section 2-140. State financial support. Sec. 2-30. The
Authority created by this Article Act 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. 83-1435.)
PART 205. PEORIA CIVIC CENTER
(70 ILCS 315/1) (from Ch. 85, par. 1441)
Section 205-1. Sec. 1. Short Title and Citation. * * *
(nonstandard provisions contained in Section 205-1) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/2) (from Ch. 85, par. 1442)
Section 2-5. Sec. 2. Definitions. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 205-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 205-5)
* * *
(Source: P.A. 78-948.)
(70 ILCS 315/3) (from Ch. 85, par. 1443)
Section 2-10. Lawsuits; common seal. Sec. 3. Creation-
Political Entity, etc. * * * (nonstandard provisions
contained in Section 205-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 205-10) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/4) (from Ch. 85, par. 1444)
Section 205-15. Sec. 4. Rights and Powers. * * *
(nonstandard provisions contained in Section 205-15) * * *
(Source: P.A. 82-783.)
(70 ILCS 315/5) (from Ch. 85, par. 1445)
Section 205-20. Sec. 5. Power to acquire property. * * *
(nonstandard provisions contained in Section 205-20) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/6) (from Ch. 85, par. 1446)
Section 205-25. Sec. 6. Grants, etc. from federal
government. * * * (nonstandard provisions contained in
Section 205-25) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/7) (from Ch. 85, par. 1447)
Section 2-45. Sec. 7. 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 of the Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: P.A. 78-948.)
(70 ILCS 315/8) (from Ch. 85, par. 1448)
Section 205-30. Sec. 8. Levy of Taxes. * * * (nonstandard
provisions contained in Section 205-30) * * *
(Source: P.A. 81-1489.)
(70 ILCS 315/9) (from Ch. 85, par. 1449)
Section 205-35. Sec. 9. Borrowing money; revenue bonds;
nature of indebtedness; investment in bonds. * * *
(nonstandard provisions contained in Section 205-35) * * *
(Source: P.A. 86-4.)
(70 ILCS 315/10) (from Ch. 85, par. 1450)
Section 205-40. Sec. 10. Borrowing Money Bonds other than
revenue bonds; election; tax. * * * (nonstandard provisions
contained in Section 205-40) * * *
(Source: P.A. 86-4.)
(70 ILCS 315/11) (from Ch. 85, par. 1451)
Section 205-45. Sec. 11. Board of Commissioners. * * *
(nonstandard provisions contained in Section 205-45) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/12) (from Ch. 85, par. 1452)
Section 205-50. Sec. 12. Oath and qualification. * * *
(nonstandard provisions contained in Section 205-50) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/13) (from Ch. 85, par. 1453)
Section 205-55. Sec. 13. Meetings; selection of chairman,
secretary, and treasurer Notices. * * * (nonstandard
provisions contained in Section 205-55) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/14) (from Ch. 85, par. 1454)
Section 205-60. Sec. 14. Quorum; records. * * *
(nonstandard provisions contained in Section 205-60) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/15) (from Ch. 85, par. 1455)
Section 205-65. Sec. 15. Treasurer; deposit of funds. * *
* (nonstandard provisions contained in Section 205-65) * * *
(Source: P.A. 83-541.)
(70 ILCS 315/16) (from Ch. 85, par. 1456)
Section 205-70. Sec. 16. Contracts. * * * (nonstandard
provisions contained in Section 205-70) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/17) (from Ch. 85, par. 1457)
Section 205-75. Sec. 17. Bidding; advertisement. * * *
(nonstandard provisions contained in Section 205-75) * * *
(Source: P.A. 83-343.)
(70 ILCS 315/18) (from Ch. 85, par. 1458)
Section 2-150. Tax Sec. 18. exemption from Taxation. All
property of the Peoria Civic Center Authority shall be exempt
from taxation by the State or any taxing unit therein.
(Source: P.A. 78-948.)
(70 ILCS 315/19) (from Ch. 85, par. 1459)
Section 205-80. Sec. 19. Dissolution of Authority. * * *
(nonstandard provisions contained in Section 205-80) * * *
(Source: P.A. 83-358.)
(70 ILCS 315/20) (from Ch. 85, par. 1460)
Section 205-85. Sec. 20. Annual report and financial
statement. * * * (nonstandard provisions contained in Section
205-85) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/21) (from Ch. 85, par. 1461)
Section 205-90. Sec. 21. Ordinary and necessary expenses;
tax anticipation warrants. * * * (nonstandard provisions
contained in Section 205-90) * * *
(Source: P.A. 78-948.)
(70 ILCS 315/22) (from Ch. 85, par. 1462)
Section 205-95. Sec. 22. Warrants in anticipation of
taxes; form and terms. * * * (nonstandard provisions
contained in Section 205-95) * * *
(Source: P.A. 86-4.)
(70 ILCS 315/22.1) (from Ch. 85, par. 1462.1)
Section 2-145. Antitrust laws. Sec. 22.1. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 315/22.2) (from Ch. 85, par. 1462.2)
Section 2-140. State financial support. Sec. 22.2. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 315/23) (from Ch. 85, par. 1463)
Section 205-100. Sec. 23. Partial invalidity. * * *
(nonstandard provisions contained in Section 205-100) * * *
(Source: P.A. 78-948.)
PART 210. PONTIAC CIVIC CENTER
(70 ILCS 325/8-1) (from Ch. 85, par. 7008-1)
Section 2-3. Purpose. Sec. 8-1. The purpose of this
Article Act 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. 86-907.)
(70 ILCS 325/8-2) (from Ch. 85, par. 7008-2)
Section 210-1. Short title. Sec. 8-2.* * *(nonstandard
provisions contained in Section 210-1) * * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/8-3) (from Ch. 85, par. 7008-3)
Section 2-5. Definitions. Sec. 8-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 210-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 210-5)
* * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/8-4) (from Ch. 85, par. 7008-4)
Section 2-10. Lawsuits; common seal. Sec. 8-4. * * *
(nonstandard provisions contained in Section 210-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 210-10) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/8-5) (from Ch. 85, par. 7008-5)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 8-5. 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. 86-907.)
(70 ILCS 325/8-6) (from Ch. 85, par. 7008-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 8-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;.
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 86-907.)
(70 ILCS 325/8-7) (from Ch. 85, par. 7008-7)
Section 2-25. Incurring obligations. Sec. 8-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/8-8) (from Ch. 85, par. 7008-8)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 8-8. 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, useful for its purposes, and (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. 86-907.)
(70 ILCS 325/8-9) (from Ch. 85, par. 7008-9)
Section 2-40. Federal money. Sec. 8-9. 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. 86-907.)
(70 ILCS 325/8-10) (from Ch. 85, par. 7008-10)
Section 2-45. Insurance. Sec. 8-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/8-11) (from Ch. 85, par. 7008-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 8-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate permitted by the Bond Authorization Act, as
now or hereafter amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 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. 86-907; 86-1028.)
(70 ILCS 325/8-12) (from Ch. 85, par. 7008-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 8-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/8-13) (from Ch. 85, par. 7008-13)
Section 2-60. Investment in bonds. Sec. 8-13. 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 Act, 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. 86-907.)
(70 ILCS 325/8-14) (from Ch. 85, par. 7008-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 8-14.* * * (nonstandard provisions
contained in Section 210-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/8-15) (from Ch. 85, par. 7008-15)
Section 210-20. Board members designated. Sec. 8-15. * *
* (nonstandard provisions contained in Section 210-20) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/8-16) (from Ch. 85, par. 7008-16)
Section 210-25. Board members; terms. Sec. 8-16.* * *
(nonstandard provisions contained in Section 210-25) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/8-17) (from Ch. 85, par. 7008-17)
Section 2-90. Organization of the Board. Sec. 8-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/8-18) (from Ch. 85, par. 7008-18)
Section 2-95. Meetings; action by 5 Board members. Sec.
8-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/8-19) (from Ch. 85, par. 7008-19)
Section 2-100. Secretary; treasurer. Sec. 8-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/8-20) (from Ch. 85, par. 7008-20)
Section 2-105. Funds. Sec. 8-20. 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. 86-907.)
(70 ILCS 325/8-21) (from Ch. 85, par. 7008-21)
Section 2-110. Signatures on checks or drafts. Sec.
8-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases to
hold office (after attaching his or her signature) to hold
his office and before the delivery of the check or draft
thereof to the payee, that his signature, nevertheless,
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/8-22) (from Ch. 85, par. 7008-22)
Section 2-115. General manager; other appointments. Sec.
8-22. 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 It 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. 86-907.)
(70 ILCS 325/8-23) (from Ch. 85, par. 7008-23)
Section 2-122. Rules and regulations; penalties. Sec.
8-23. 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. 86-907.)
(70 ILCS 325/8-24) (from Ch. 85, par. 7008-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 8-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one
year shall be awarded to the highest responsible bidder,
after advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-907.)
(70 ILCS 325/8-25) (from Ch. 85, par. 7008-25)
Section 2-130. Bids and advertisements. Sec. 8-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section
210-30) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/8-26) (from Ch. 85, par. 7008-26)
Section 2-135. Report and financial statement. Sec. 8-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-907.)
(70 ILCS 325/8-27) (from Ch. 85, par. 7008-27)
Section 2-140. State financial support. Sec. 8-27. The
Authority created by this Article Act 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.
(Source: P.A. 86-907.)
(70 ILCS 325/8-28) (from Ch. 85, par. 7008-28)
Section 2-145. Antitrust laws. Sec. 8-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-907.)
(70 ILCS 325/8-29) (from Ch. 85, par. 7008-29)
Section 2-150. Tax exemption. Sec. 8-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/8-30) (from Ch. 85, par. 7008-30)
Section 2-30. Prompt payment. Sec. 8-30. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-907.)
PART 215. QUAD CITY CIVIC CENTER
(70 ILCS 320/1-1) (from Ch. 85, par. 3101)
Section 215-1. Short title. Sec. 1-1. * * * (nonstandard
provisions contained in Section 215-1) * * *
(Source: P.A. 83-1528.)
(70 ILCS 320/1-2) (from Ch. 85, par. 3102)
Section 2-5. Definitions. Sec. 1-2. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 215-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 215-5)
* * *
(Source: P.A. 85-1002.)
(70 ILCS 320/1-3) (from Ch. 85, par. 3103)
Section 2-10. Lawsuits; common seal. Sec. 1-3. * * *
(nonstandard provisions contained in Section 215-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 215-10) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-4) (from Ch. 85, par. 3104)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 1-4. 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, and 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. 83-1435.)
(70 ILCS 320/1-5) (from Ch. 85, par. 3105)
Section 215-15. Rights and powers. Sec. 1-5. * * *
(nonstandard provisions contained in Section 215-15) * * *
(Source: P.A. 83-1528.)
(70 ILCS 320/1-6) (from Ch. 85, par. 3106)
Section 2-25. Incurring obligations. Sec. 1-6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-6.1) (from Ch. 85, par. 3106.1)
Section 2-30. Prompt payment. Sec. 1-6.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 320/1-7) (from Ch. 85, par. 3107)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 1-7. 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) useful for its purposes, and 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. 83-1435.)
(70 ILCS 320/1-8) (from Ch. 85, par. 3108)
Section 2-40. Federal money. Sec. 1-8. 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. 83-1435.)
(70 ILCS 320/1-9) (from Ch. 85, par. 3109)
Section 2-45. Insurance. Sec. 1-9. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-10) (from Ch. 85, par. 3110)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-10. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 bonds 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority or 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 Negotiable
Instrument Law 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 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 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1435.)
(70 ILCS 320/1-11) (from Ch. 85, par. 3111)
Section 215-20. Bonds; nature of indebtedness. Sec.
1-11. * * * (nonstandard provisions contained in Section
215-20) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-12) (from Ch. 85, par. 3112)
Section 2-60. Investment in bonds. Sec. 1-12. 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 Act, it if 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. 83-1435.)
(70 ILCS 320/1-13) (from Ch. 85, par. 3113)
Section 215-25. Bonds other than revenue bonds;
election. Sec. 1-13. * * * (nonstandard provisions contained
in Section 215-25) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-14) (from Ch. 85, par. 3114)
Section 215-30. Tax. Sec. 1-14. * * * (nonstandard
provisions contained in Section 215-30) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-15) (from Ch. 85, par. 3115)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 1-15. * * * (nonstandard provisions contained
in Section 215-35) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-1002.)
(70 ILCS 320/1-16) (from Ch. 85, par. 3116)
Section 215-40. Board members appointed; ex officio
members. Sec. 1-16. * * * (nonstandard provisions contained
in Section 215-40) * * *
(Source: P.A. 85-1002.)
(70 ILCS 320/1-17) (from Ch. 85, par. 3117)
Section 2-85. Board members; vacancy in office. Sec.
1-17. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 215-45) * * *
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, a member's his
office shall become vacant. Each vacancy or position
succession 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. 83-1435.)
(70 ILCS 320/1-18) (from Ch. 85, par. 3118)
Section 2-90. Organization of the Board. Sec. 1-18. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-19) (from Ch. 85, par. 3119)
Section 215-50. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 1-19. * * *
(nonstandard provisions contained in Section 215-50) * * *
(Source: P.A. 85-1002.)
(70 ILCS 320/1-20) (from Ch. 85, par. 3120)
Section 2-100. Secretary; treasurer. Sec. 1-20. 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 its 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 him according to law and the orders of the Board.
The Board may, at any time, require a new bond from the
treasurer in a 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 national or state bank wherein the treasurer has
deposited funds if the bank has been approved by the Board as
a depositary depository for those these funds. The oaths of
office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-21) (from Ch. 85, par. 3121)
Section 2-105. Funds. Sec. 1-21. 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 $2500.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-22) (from Ch. 85, par. 3122)
Section 2-110. Signatures on checks or drafts. Sec.
1-22. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature), to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-23) (from Ch. 85, par. 3123)
Section 2-115. General manager; other appointments. Sec.
1-23. 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 It 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. 83-1435.)
(70 ILCS 320/1-24) (from Ch. 85, par. 3124)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 1-24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 ten days after its publication.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-25) (from Ch. 85, par. 3125)
Section 215-55. Contracts. Sec. 1-25. * * * (nonstandard
provisions contained in Section 215-55) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-26) (from Ch. 85, par. 3126)
Section 2-130. Bids and advertisements. Sec. 1-26.
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 ten
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 of 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 insure
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.
* * * (nonstandard provisions contained in Section
215-60) * * *
(Source: P.A. 83-1435.)
(70 ILCS 320/1-27) (from Ch. 85, par. 3127)
Section 2-135. Report and financial statement. Sec.
1-27. 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 as provided in Section 16.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-28) (from Ch. 85, par. 3128)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effect on competition", adopted November 3,
1983, and the General Assembly intends that the "State action
exemption" to the application of the federal antitrust
anti-trust laws be fully available to the Authority to the
extent its their activities are either (1) expressly or by
necessary implication authorized by this Article Act or other
Illinois law, or (2) within traditional areas of local
governmental activity.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-29) (from Ch. 85, par. 3129)
Section 2-150. Tax exemption. Sec. 1-29. All property
of the Illinois Quad City Civic Center Authority shall be
exempt from taxation by the State or any taxing unit therein.
(Source: P.A. 83-1435.)
(70 ILCS 320/1-30) (from Ch. 85, par. 3130)
Section 2-140. State financial support. Sec. 1-30. The
Authority created by this Article Act 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. 83-1435.)
PART 220. QUINCY CIVIC CENTER
(70 ILCS 280/2-1) (from Ch. 85, par. 2801)
Section 2-3. Purpose. Sec. 2-1. The purpose of this
Article Act 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. 83-911.)
(70 ILCS 280/2-2) (from Ch. 85, par. 2802)
Section 220-1. Short title. Sec. 2-2. * * * (nonstandard
provisions contained in Section 220-1) * * *
(Source: P.A. 83-911.)
(70 ILCS 280/2-3) (from Ch. 85, par. 2803)
Section 2-5. Definitions. Sec. 2-3. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 220-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 220-5)
* * *
(Source: P.A. 83-911.)
(70 ILCS 280/2-4) (from Ch. 85, par. 2804)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * * *
(nonstandard provisions contained in Section 220-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 220-10) * * *
(Source: P.A. 83-911.)
(70 ILCS 280/2-5) (from Ch. 85, par. 2805)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 2-5. 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 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. 83-911.)
(70 ILCS 280/2-6) (from Ch. 85, par. 2806)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-911.)
(70 ILCS 280/2-7) (from Ch. 85, par. 2807)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds which will be available to it when such
obligations become payable.
(Source: P.A. 83-911.)
(70 ILCS 280/2-7.1) (from Ch. 85, par. 2807.1)
Section 2-30. Prompt payment. Sec. 2-7.1. Purchases
made under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 280/2-8) (from Ch. 85, par. 2808)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 2-8. 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) useful for its purposes, and 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. 83-911.)
(70 ILCS 280/2-9) (from Ch. 85, par. 2809)
Section 2-40. Federal money. Sec. 2-9. 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. 83-911.)
(70 ILCS 280/2-10) (from Ch. 85, par. 2810)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-911.)
(70 ILCS 280/2-11) (from Ch. 85, par. 2811)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-911.)
(70 ILCS 280/2-12) (from Ch. 85, par. 2812)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 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
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 aforesaid.
(Source: P.A. 83-911.)
(70 ILCS 280/2-13) (from Ch. 85, par. 2813)
Section 2-60. Investment in bonds. Sec. 2-60. 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 Act, 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. 83-911.)
(70 ILCS 280/2-14) (from Ch. 85, par. 2814)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-14. * * * (nonstandard provisions
contained in Section 220-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-911.)
(70 ILCS 280/2-15) (from Ch. 85, par. 2815)
Section 2-80. Board members' oath. Sec. 2-15. * * *
(nonstandard provisions contained in Section 220-20) * * *
Within 30 days after certification of his appointment, and
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. 83-911.)
(70 ILCS 280/2-16) (from Ch. 85, par. 2816)
Section 2-85. Board members; vacancy in office. Sec.
2-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-911.)
(70 ILCS 280/2-17) (from Ch. 85, par. 2817)
Section 2-90. Organization of the Board. Sec. 2-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-911.)
(70 ILCS 280/2-18) (from Ch. 85, par. 2818)
Section 2-96. Meetings; action by 4 Board members. Sec.
2-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 83-911.)
(70 ILCS 280/2-19) (from Ch. 85, par. 2819)
Section 2-100. Secretary; treasurer. Sec. 2-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-911.)
(70 ILCS 280/2-20) (from Ch. 85, par. 2820)
Section 2-105. Funds. Sec. 2-20. 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. 83-911.)
(70 ILCS 280/2-21) (from Ch. 85, par. 2821)
Section 2-110. Signatures on checks or drafts. Sec.
2-21. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery.
(Source: P.A. 83-911.)
(70 ILCS 280/2-22) (from Ch. 85, par. 2822)
Section 2-115. General manager; other appointments. Sec.
2-22. 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 It 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. 83-911.)
(70 ILCS 280/2-23) (from Ch. 85, par. 2823)
Section 2-122. Rules and regulations; penalties. Sec.
2-23. 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. 83-911.)
(70 ILCS 280/2-24) (from Ch. 85, par. 2824)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 2-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-911.)
(70 ILCS 280/2-25) (from Ch. 85, par. 2825)
Section 2-130. Bids and advertisements. Advertisements
Sec. 2-25. Advertisement 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 of 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 insure 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.
* * * (nonstandard provisions contained in Section
220-25) * * *
(Source: P.A. 83-911.)
(70 ILCS 280/2-26) (from Ch. 85, par. 2826)
Section 2-135. Report and financial statement. Sec.
2-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 83-911.)
(70 ILCS 280/2-27) (from Ch. 85, par. 2827)
Section 2-140. State financial support. Sec. 2-27. The
Authority created by this Article Act 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. 83-911.)
(70 ILCS 280/2-28) (from Ch. 85, par. 2828)
Section 2-145. Antitrust laws. Sec. 2-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 280/2-29) (from Ch. 85, par. 2829)
Section 2-150. Tax exemption. Sec. 2-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
PART 225. RANDOLPH COUNTY CIVIC CENTER
(70 ILCS 325/1-1) (from Ch. 85, par. 7001-1)
Section 2-3. Purpose. Sec. 1-1. The purpose of this
Article Act 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. 86-907.)
(70 ILCS 325/1-2) (from Ch. 85, par. 7001-2)
Section 225-1. Short title. Sec. 1-2.* * * (nonstandard
provisions contained in Section 225-1) * * *.
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/1-3) (from Ch. 85, par. 7001-3)
Section 2-5. Definitions. Sec. 1-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 225-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 225-5)
* * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/1-4) (from Ch. 85, par. 7001-4)
Section 2-10. Lawsuits; common seal. Sec. 1-4. * * *
(nonstandard provisions contained in Section 225-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 225-10) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/1-5) (from Ch. 85, par. 7001-5)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. Sec. 1-5. 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. 86-907.)
(70 ILCS 325/1-6) (from Ch. 85, par. 7001-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 1-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area; .
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency; .
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority; .
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 86-907.)
(70 ILCS 325/1-7) (from Ch. 85, par. 7001-7)
Section 2-25. Incurring obligations. Sec. 1-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/1-8) (from Ch. 85, par. 7001-8)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 1-8. 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, useful for its purposes, and (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. 86-907.)
(70 ILCS 325/1-9) (from Ch. 85, par. 7001-9)
Section 2-40. Federal money. Sec. 1-9. 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. 86-907.)
(70 ILCS 325/1-10) (from Ch. 85, par. 7001-10)
Section 2-45. Insurance. Sec. 1-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/1-11) (from Ch. 85, par. 7001-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 1-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate permitted by the Bond Authorization Act, as
now or hereafter amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 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. 86-907; 86-1028.)
(70 ILCS 325/1-12) (from Ch. 85, par. 7001-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 1-12.
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. aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/1-13) (from Ch. 85, par. 7001-13)
Section 2-60. Investment in bonds. Sec. 1-13. 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 Act, 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. 86-907.)
(70 ILCS 325/1-14) (from Ch. 85, par. 7001-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 1-14.* * * (nonstandard provisions
contained in Section 225-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/1-15) (from Ch. 85, par. 7001-15)
Section 2-80. Board members' oath. Sec. 1-15.* * *
(nonstandard provisions contained in Section 225-20) * * *
Within 30 days after certification of his appointment, and
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. 86-907.)
(70 ILCS 325/1-16) (from Ch. 85, par. 7001-16)
Section 2-85. Board members; vacancy in office. Sec.
1-16. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified. * * * (nonstandard provisions
contained in Section 225-25) * * *
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, a member's his
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. 86-907.)
(70 ILCS 325/1-17) (from Ch. 85, par. 7001-17)
Section 2-90. Organization of the Board. Sec. 1-17. 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 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 the chairman's his office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/1-18) (from Ch. 85, par. 7001-18)
Section 2-95. Meetings; action by 5 Board members. Sec.
1-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/1-19) (from Ch. 85, par. 7001-19)
Section 2-100. Secretary; treasurer. Sec. 1-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/1-20) (from Ch. 85, par. 7001-20)
Section 2-105. Funds. Sec. 1-20. 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. 86-907.)
(70 ILCS 325/1-21) (from Ch. 85, par. 7001-21)
Section 2-110. Signatures on checks or drafts. Sec. 1-21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article Act ceases to hold
office (after attaching his or her signature) to hold his
office and before the delivery of the check or draft thereof
to the payee, that his signature, nevertheless, shall be
valid and sufficient for all purposes with the same effect as
if the officer he had remained in office until delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/1-22) (from Ch. 85, par. 7001-22)
Section 2-115. General manager; other appointments. Sec.
1-22. 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 It 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. 86-907.)
(70 ILCS 325/1-23) (from Ch. 85, par. 7001-23)
Section 2-122. Rules and regulations; penalties. Sec.
1-23. 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. 86-907.)
(70 ILCS 325/1-24) (from Ch. 85, par. 7001-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 1-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property,
including air rights, of the Authority for a term of more
than one year shall be awarded to the highest responsible
bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment
and services, when the expense thereof will exceed $2,500,
shall be let to the lowest responsible bidder after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to
ensure 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 record 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 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. 86-907.)
(70 ILCS 325/1-25) (from Ch. 85, par. 7001-25)
Section 2-130. Bids and advertisements. Sec. 1-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section
225-30) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/1-26) (from Ch. 85, par. 7001-26)
Section 2-135. Report and financial statement. Sec. 1-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-907.)
(70 ILCS 325/1-27) (from Ch. 85, par. 7001-27)
Section 2-140. State financial support. Sec. 1-27. The
Authority created by this Article Act 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.
(Source: P.A. 86-907.)
(70 ILCS 325/1-28) (from Ch. 85, par. 7001-28)
Section 2-145. Antitrust laws. Sec. 1-28. The Authority
is hereby expressly made the beneficiary of the provisions
of Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-907.)
(70 ILCS 325/1-29) (from Ch. 85, par. 7001-29)
Section 2-150. Tax exemption. Sec. 1-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/1-30) (from Ch. 85, par. 7001-30)
Section 2-30. Prompt payment. Sec. 1-30. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-907.)
PART 230. RIVER FOREST CIVIC CENTER
(70 ILCS 330/1) (from Ch. 85, par. 3301)
Section 2-3. Purpose. Sec. 1. The purpose of this
Article Act 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. 83-1451.)
(70 ILCS 330/2) (from Ch. 85, par. 3302)
Section 230-1. Short title. Sec. 2. * * * (nonstandard
provisions contained in Section 230-1) * * *
(Source: P.A. 83-1451.)
(70 ILCS 330/3) (from Ch. 85, par. 3303)
Section 2-5. Definitions. Sec. 3. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 230-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 230-5)
* * *
(Source: P.A. 83-1451.)
(70 ILCS 330/4) (from Ch. 85, par. 3304)
Section 2-10. Lawsuits; common seal. Sec. 4. * * *
(nonstandard provisions contained in Section 230-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 230-10) * * *
(Source: P.A. 83-1451.)
(70 ILCS 330/5) (from Ch. 85, par. 3305)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 5. 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
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. 83-1451.)
(70 ILCS 330/6) (from Ch. 85, par. 3306)
Section 2-20. Rights and powers, including eminent
domain. Sec. 6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-1451.)
(70 ILCS 330/7) (from Ch. 85, par. 3307)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1451.)
(70 ILCS 330/7.1) (from Ch. 85, par. 3307.1)
Section 2-30. Prompt payment. Sec. 7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 330/8) (from Ch. 85, par. 3308)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 8. 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, useful for its purposes, and (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. 83-1451.)
(70 ILCS 330/9) (from Ch. 85, par. 3309)
Section 2-40. Federal money. Sec. 9. 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. 83-1451.)
(70 ILCS 330/10) (from Ch. 85, par. 3310)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 83-1451.)
(70 ILCS 330/11) (from Ch. 85, par. 3311)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 or any contract or covenant
made by the Authority with the holders of such bonds or
interest coupons, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1451.)
(70 ILCS 330/12) (from Ch. 85, par. 3312)
Section 2-55. Bonds; nature of indebtedness. Sec. 12.
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 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
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 aforesaid.
(Source: P.A. 83-1451.)
(70 ILCS 330/13) (from Ch. 85, par. 3313)
Section 2-60. Investment in bonds. Sec. 13. 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 Act, 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. 83-1451.)
(70 ILCS 330/14) (from Ch. 85, par. 3314)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 14. * * * (nonstandard provisions contained
in Section 230-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1451.)
(70 ILCS 330/15) (from Ch. 85, par. 3315)
Section 230-20. Members of Board. Sec. 15. * * *
(nonstandard provisions contained in Section 230-20) * * *
(Source: P.A. 83-1451.)
(70 ILCS 330/16) (from Ch. 85, par. 3316)
Section 2-90. Organization of the Board. Sec. 16. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1451.)
(70 ILCS 330/17) (from Ch. 85, par. 3317)
Section 230-25. Meetings; quorum; public records. Sec.
17. * * * (nonstandard provisions contained in Section
230-25) * * *
(Source: P.A. 83-1451.)
(70 ILCS 330/18) (from Ch. 85, par. 3318)
Section 2-100. Secretary; treasurer. Sec. 18. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-1451.)
(70 ILCS 330/19) (from Ch. 85, par. 3319)
Section 2-105. Funds. Sec. 19. 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. 83-1451.)
(70 ILCS 330/20) (from Ch. 85, par. 3320)
Section 2-110. Signatures on checks or drafts. Sec. 20.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 83-1451.)
(70 ILCS 330/21) (from Ch. 85, par. 3321)
Section 2-115. General manager; other appointments. Sec.
21. 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 It 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. 83-1451.)
(70 ILCS 330/22) (from Ch. 85, par. 3322)
Section 2-122. Rules and regulations; penalties. Sec.
22. 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. 83-1451.)
(70 ILCS 330/23) (from Ch. 85, par. 3323)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 23. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-1451.)
(70 ILCS 330/24) (from Ch. 85, par. 3324)
Section 2-130. Bids and advertisements. Advertisements
Sec. 24. Advertisement 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 of 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 insure
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.
* * * (nonstandard provisions contained in Section
230-30) * * *
(Source: P.A. 83-1451.)
(70 ILCS 330/25) (from Ch. 85, par. 3325)
Section 2-135. Report and financial statement. Sec. 25.
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. 83-1451.)
(70 ILCS 330/26) (from Ch. 85, par. 3326)
Section 2-140. State financial support. Sec. 26. The
Authority created by this Article Act 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. 83-1451.)
(70 ILCS 330/27) (from Ch. 85, par. 3327)
Section 2-150. Tax exemption. Sec. 27. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 83-1451.)
PART 235. RIVERSIDE CIVIC CENTER
(70 ILCS 325/3-1) (from Ch. 85, par. 7003-1)
Section 2-3. Purpose Sec. 3-1. 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. 86-907.)
(70 ILCS 325/3-2) (from Ch. 85, par. 7003-2)
Section 235-1. Short title Sec. 3-2. * * *(nonstandard
provisions contained in Section 235-1)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-3) (from Ch. 85, par. 7003-3)
Section 2-5. Definitions. Sec. 3-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 235-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 235-5)*
* *
(Source: P.A. 86-907.)
(70 ILCS 325/3-4) (from Ch. 85, par. 7003-4)
Section 2-10. Lawsuits; common seal Sec. 3-4. * *
*(nonstandard provisions contained in Section 235-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 235-10)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-5) (from Ch. 85, par. 7003-5)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space Sec. 3-5. 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. 86-907.)
(70 ILCS 325/3-6) (from Ch. 85, par. 7003-6)
Section 2-20. Rights and powers, including eminent domain
Sec. 3-6. The Authority shall have the following rights and
powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;.
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-907.)
(70 ILCS 325/3-7) (from Ch. 85, par. 7003-7)
Section 2-25. Incurring obligations Sec. 3-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/3-8) (from Ch. 85, par. 7003-8)
Section 2-35. Acquisition of property from person, State,
or local agency Sec. 3-8. 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) useful for its purposes, and 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. 86-907.)
(70 ILCS 325/3-9) (from Ch. 85, par. 7003-9)
Section 2-40. Federal money Sec. 3-9. 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. 86-907.)
(70 ILCS 325/3-10) (from Ch. 85, par. 7003-10)
Section 2-45. Insurance Sec. 3-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/3-11) (from Ch. 85, par. 7003-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance Sec. 3-11. 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, as
now or hereafter amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 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 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. 86-907; 86-1028.)
(70 ILCS 325/3-12) (from Ch. 85, par. 7003-12)
Section 2-55. Bonds; nature of indebtedness Sec. 3-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/3-13) (from Ch. 85, par. 7003-13)
Section 2-60. Investment in bonds Sec. 3-13. 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. 86-907.)
(70 ILCS 325/3-14) (from Ch. 85, par. 7003-14)
Section 2-75. Board members; financial matters; conflict
of interest Sec. 3-14. * * *(nonstandard provisions contained
in Section 235-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/3-15) (from Ch. 85, par. 7003-15)
Section 235-20. Board members Sec. 3-15. * *
*(nonstandard provisions contained in Section 235-20)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-16) (from Ch. 85, par. 7003-16)
Section 235-25. Board members; vacancy in office Sec.
3-16. * * *(nonstandard provisions contained in Section
235-25)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-17) (from Ch. 85, par. 7003-17)
Section 235-30. Organization of the Board Sec. 3-17. * *
*(nonstandard provisions contained in Section 235-30)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-18) (from Ch. 85, par. 7003-18)
Section 2-96. Meetings; action by 4 Board members Sec.
3-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/3-19) (from Ch. 85, par. 7003-19)
Section 2-100. Secretary; treasurer Sec. 3-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/3-20) (from Ch. 85, par. 7003-20)
Section 2-105. Funds Sec. 3-20. 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. 86-907.)
(70 ILCS 325/3-21) (from Ch. 85, par. 7003-21)
Section 2-110. Signatures on checks or drafts Sec. 3-21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article ceases (after attaching
his signature) to hold his office after attaching his or her
signature and before the delivery of the check or draft
thereof to the payee, that his signature, nevertheless, shall
be valid and sufficient for all purposes with the same effect
as if the officer he had remained in office until delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/3-22) (from Ch. 85, par. 7003-22)
Section 2-115. General manager; other appointments Sec.
3-22. 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 It 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. 86-907.)
(70 ILCS 325/3-23) (from Ch. 85, par. 7003-23)
Section 2-122. Rules and regulations; penalties Sec.
3-23. 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. 86-907.)
(70 ILCS 325/3-24) (from Ch. 85, par. 7003-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members Sec. 3-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-907.)
(70 ILCS 325/3-25) (from Ch. 85, par. 7003-25)
Section 235-35. Bids and advertisements Sec. 3-25. * *
*(nonstandard provisions contained in Section 235-35)* * *
(Source: P.A. 86-907.)
(70 ILCS 325/3-26) (from Ch. 85, par. 7003-26)
Section 2-135. Report and financial statement Sec. 3-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-907.)
(70 ILCS 325/3-27) (from Ch. 85, par. 7003-27)
Section 2-140. State financial support Sec. 3-27. 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.
(Source: P.A. 86-907.)
(70 ILCS 325/3-28) (from Ch. 85, par. 7003-28)
Section 2-145. Antitrust laws Sec. 3-28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-907.)
(70 ILCS 325/3-29) (from Ch. 85, par. 7003-29)
Section 2-150. Tax exemption Sec. 3-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/3-30) (from Ch. 85, par. 7003-30)
Section 2-30. Prompt payment Sec. 3-30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act, as now or
hereafter amended.
(Source: P.A. 86-907.)
PART 240. ROCKFORD CIVIC CENTER
(70 ILCS 340/1) (from Ch. 85, par. 1331)
Section 240-1. Short title. Sec. 1. * * * (nonstandard
provisions contained in Section 240-1) * * *
(Source: P.A. 76-1769.)
(70 ILCS 340/2) (from Ch. 85, par. 1332)
Section 2-5. Definitions. Sec. 2. When used In this
Article Act:
* * * (nonstandard provisions contained in Section 240-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section 240-5)
* * *
(Source: P.A. 76-1769.)
(70 ILCS 340/3) (from Ch. 85, par. 1333)
Section 2-10. Lawsuits; common seal. Sec. 3. * * *
(nonstandard provisions contained in Section 240-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 240-10) * * *
(Source: P.A. 76-1769.)
(70 ILCS 340/4) (from Ch. 85, par. 1334)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 4. 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. 76-1769.)
(70 ILCS 340/5) (from Ch. 85, par. 1335)
Section 240-15. Rights and powers. Sec. 5. * * *
(nonstandard provisions contained in Section 240-15) * * *
(Source: P.A. 83-893.)
(70 ILCS 340/6) (from Ch. 85, par. 1336)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 76-1769.)
(70 ILCS 340/6.1) (from Ch. 85, par. 1336.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 340/7) (from Ch. 85, par. 1337)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 7. 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, from any municipal
corporation, body politic, or agency of the State, or from
the State itself, (ii) useful for its purposes, and 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. 76-1769.)
(70 ILCS 340/8) (from Ch. 85, par. 1338)
Section 2-40. Federal money. Sec. 8. 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. 76-1769.)
(70 ILCS 340/9) (from Ch. 85, par. 1339)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: P.A. 76-1769.)
(70 ILCS 340/9.1) (from Ch. 85, par. 1339.1)
Section 240-20. State office building. Sec. 9.1. * * *
(nonstandard provisions contained in Section 240-20) * * *
(Source: P.A. 84-109.)
(70 ILCS 340/10) (from Ch. 85, par. 1340)
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 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 and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of or
any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code Negotiable
Instrument 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 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 action and 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 340/11) (from Ch. 85, par. 1341)
Section 2-55. Bonds; nature of indebtedness. Sec. 11.
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 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
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 aforesaid.
(Source: P.A. 76-1769.)
(70 ILCS 340/12) (from Ch. 85, par. 1342)
Section 2-60. Investment in bonds. Sec. 12. 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 Act, 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. 85-1209.)
(70 ILCS 340/13) (from Ch. 85, par. 1343)
Section 240-22. Bonds other than revenue bonds. Sec. 13.
* * * (nonstandard provisions contained in Section 240-22) *
* *
(Source: P.A. 81-1489.)
(70 ILCS 340/14) (from Ch. 85, par. 1344)
Section 240-23. Tax. Sec. 14. * * * (nonstandard
provisions contained in Section 240-23) * * *
(Source: P.A. 81-1509.)
(70 ILCS 340/15) (from Ch. 85, par. 1345)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 15. * * * (nonstandard provisions contained in
Section 240-25) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 76-1769.)
(70 ILCS 340/16) (from Ch. 85, par. 1346)
Section 2-80. Board members' oath. Sec.16. * * *
(nonstandard provisions contained in Section 240-30) * * *
Within 30 days after certification of his appointment, and
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. 76-1769.)
(70 ILCS 340/17) (from Ch. 85, par. 1347)
Section 2-85. Board members; vacancy in office. Sec. 17.
Members of the board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 ten days' notice.
(Section 2-85, resumed)
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, a member's his
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. 76-1769.)
(70 ILCS 340/18) (from Ch. 85, par. 1348)
Section 2-90. Organization of the Board. Sec. 18. 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 his office as a member of the Board or for
the term of 3 three years, whichever is shorter.
(Source: P.A. 76-1769.)
(70 ILCS 340/19) (from Ch. 85, par. 1349)
Section 240-35. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 19. * * *
(nonstandard provisions contained in Section 240-35) * * *
(Source: P.A. 82-783.)
(70 ILCS 340/20) (from Ch. 85, par. 1350)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 340/21) (from Ch. 85, par. 1351)
Section 240-37. Funds; compliance with Public Funds
Investment Act. Sec. 21. * * * (nonstandard provisions
contained in Section 240-37) * * *
(Source: P.A. 83-1362.)
(70 ILCS 340/22) (from Ch. 85, par. 1352)
Section 2-110. Signatures on checks or drafts. Sec. 22.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 76-1769.)
(70 ILCS 340/23) (from Ch. 85, par. 1353)
Section 2-115. General manager; other appointments. Sec.
23. 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 It 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. 81-257.)
(70 ILCS 340/23a) (from Ch. 85, par. 1353a)
Section 240-40. Security police force. Sec. 23a. * * *
(nonstandard provisions contained in Section 240-40) * * *
(Source: P.A. 83-535.)
(70 ILCS 340/24) (from Ch. 85, par. 1354)
Section 240-45. Ordinances and rules; fines and
penalties. Sec. 24. * * * (nonstandard provisions contained
in Section 240-45) * * *
(Source: P.A. 83-535.)
(70 ILCS 340/25) (from Ch. 85, par. 1355)
Section 240-50. Contracts. Sec. 25. * * * (nonstandard
provisions contained in Section 240-50) * * *
(Source: P.A. 83-893.)
(70 ILCS 340/26) (from Ch. 85, par. 1356)
Section 2-130. Bids and advertisements. Sec. 26.
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 ten
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 of 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 insure
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.
* * * (nonstandard provisions contained in Section
240-55) * * *
(Source: P.A. 79-1358.)
(70 ILCS 340/27) (from Ch. 85, par. 1357)
Section 2-135. Report and financial statement. Sec. 27.
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 as provided in Section 16.
(Source: P.A. 76-1769.)
(70 ILCS 340/27.1) (from Ch. 85, par. 1357.1)
Section 2-145. Antitrust laws. Sec. 27.1. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 340/27.2) (from Ch. 85, par. 1357.2)
Section 2-150. Tax exemption. Sec. 27.2. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 340/27.3) (from Ch. 85, par. 1357.3)
Section 2-140. State financial support. Sec. 27.3. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 340/28) (from Ch. 85, par. 1358)
Section 2-155. Partial invalidity. Sec. 28. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article Act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act 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. 76-1769.)
PART 245. SALEM CIVIC CENTER
(70 ILCS 335/1) (from Ch. 85, par. 7101)
Section 2-3. Purpose. Sec. 1. 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. 86-1017.)
(70 ILCS 335/2) (from Ch. 85, par. 7102)
Section 245-1. Short title. Sec. 2. * * *(nonstandard
provisions contained in Section 245-1)* * *
(Source: P.A. 86-1017.)
(70 ILCS 335/3) (from Ch. 85, par. 7103)
Section 2-5. Definitions. Sec. 3. When used In this
Article:
* * *(nonstandard provisions contained in Section 245-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 245-5)*
* *
(Source: P.A. 86-1017.)
(70 ILCS 335/4) (from Ch. 85, par. 7104)
Section 2-10. Lawsuits; common seal. Sec. 4. * *
*(nonstandard provisions contained in Section 245-10) * * *
(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. * * *(nonstandard provisions contained
in Section 245-10)* * *
(Source: P.A. 86-1017.)
(70 ILCS 335/5) (from Ch. 85, par. 7105)
Section 2-15. Duties; auditorium, recreational, and
other buildings; lease of space. Sec. 5. 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. 86-1017.)
(70 ILCS 335/6) (from Ch. 85, par. 7106)
Section 2-20. Rights and powers, including eminent
domain. Sec. 6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 86-1017.)
(70 ILCS 335/7) (from Ch. 85, par. 7107)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-1017.)
(70 ILCS 335/8) (from Ch. 85, par. 7108)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 8. 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, useful for its purposes, and (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. 86-1017.)
(70 ILCS 335/9) (from Ch. 85, par. 7109)
Section 2-40. Federal money. Sec. 9. 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. 86-1017.)
(70 ILCS 335/10) (from Ch. 85, par. 7110)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-1017.)
(70 ILCS 335/11) (from Ch. 85, par. 7111)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 11. 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 or any contract or
covenant made by the Authority with the holders of such bonds
or interest coupons, and to compel the Authority or 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, 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. 86-1017.)
(70 ILCS 335/11.5)
Section 245-12. Use and occupation taxes. Sec. 11.5.
*** (nonstandard provisions contained in Section 245-12) ***
(Source: P.A. 89-460, eff. 5-24-96.)
(70 ILCS 335/12) (from Ch. 85, par. 7112)
Section 2-55. Bonds; nature of indebtedness. Sec. 12.
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 aforesaid.
(Source: P.A. 86-1017.)
(70 ILCS 335/13) (from Ch. 85, par. 7113)
Section 2-60. Investment in bonds. Sec. 13. 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. 86-1017.)
(70 ILCS 335/14) (from Ch. 85, par. 7114)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 14. * * *(nonstandard provisions contained
in Section 245-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-1017.)
(70 ILCS 335/15) (from Ch. 85, par. 7115)
Section 2-80. Board members' oath. Sec. 15. * *
*(nonstandard provisions contained in Section 245-20)* * *
Within 30 days after certification of his appointment, and
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. 86-1017.)
(70 ILCS 335/16) (from Ch. 85, par. 7116)
Section 2-85. Board members; vacancy in office. Sec. 16.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified. * * *(nonstandard provisions contained in Section
245-25)* * *
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, a member's his
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. 86-1017.)
(70 ILCS 335/17) (from Ch. 85, par. 7117)
Section 2-90. Organization of the Board. Sec. 17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 86-1017.)
(70 ILCS 335/18) (from Ch. 85, par. 7118)
Section 2-96. Meetings; action by 4 Board members. Sec.
18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-1017.)
(70 ILCS 335/19) (from Ch. 85, par. 7119)
Section 2-100. Secretary; treasurer. Sec. 19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-1017.)
(70 ILCS 335/20) (from Ch. 85, par. 7120)
Section 2-105. Funds. Sec. 20. 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. 86-1017.)
(70 ILCS 335/21) (from Ch. 85, par. 7121)
Section 2-110. Signatures on checks or drafts. Sec. 21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article ceases (after attaching
his signature) to hold his office after attaching his or her
signature and before the delivery of the check or draft
thereof to the payee, that his signature, nevertheless, shall
be valid and sufficient for all purposes with the same effect
as if the officer he had remained in office until delivery.
(Source: P.A. 86-1017.)
(70 ILCS 335/22) (from Ch. 85, par. 7122)
Section 2-115. General manager; other appointments. Sec.
22. 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 It 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. 86-1017.)
(70 ILCS 335/23) (from Ch. 85, par. 7123)
Section 2-122. Rules and regulations; penalties. Sec.
23. 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. 86-1017.)
(70 ILCS 335/24) (from Ch. 85, par. 7124)
Section 2-126. Contracts; award to other than highest or
lowest bidder by vote of 4 Board members. Sec. 24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 86-1017.)
(70 ILCS 335/25) (from Ch. 85, par. 7125)
Section 2-130. Bids and advertisements. Sec. 25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * *(nonstandard provisions contained in Section
245-30)* * *
(Source: P.A. 86-1017.)
(70 ILCS 335/26) (from Ch. 85, par. 7126)
Section 2-135. Report and financial statement. Sec. 26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-1017.)
(70 ILCS 335/27) (from Ch. 85, par. 7127)
Section 2-140. State financial support. Sec. 27. 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. 86-1017.)
(70 ILCS 335/28) (from Ch. 85, par. 7128)
Section 2-145. Antitrust laws. Sec. 28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, 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. 86-1017.)
(70 ILCS 335/29) (from Ch. 85, par. 7129)
Section 2-150. Tax exemption. Sec. 29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 86-1017.)
(70 ILCS 335/30) (from Ch. 85, par. 7130)
Section 2-30. Prompt payment. Sec. 30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act.
(Source: P.A. 86-1017.)
PART 250. SHELDON CIVIC CENTER
(70 ILCS 220/8-1) (from Ch. 85, par. 5201)
Section 250-1. Short title. Sec. 8-1. * * *(nonstandard
provisions contained in Section 250-1)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/8-2) (from Ch. 85, par. 5202)
Section 2-5. Definitions. Sec. 8-2. As used In this
Article, unless the context otherwise requires:
* * *(nonstandard provisions contained in Section 250-5)*
* *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, foreign or domestic company, association or
joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * *(nonstandard provisions contained in Section 250-5)*
* *
(Source: P.A. 84-245.)
(70 ILCS 220/8-3) (from Ch. 85, par. 5203)
Section 2-10. Lawsuits; common seal. Sec. 8-3. * *
*(nonstandard provisions contained in Section 250-10)* * *
(a) The Authority may sue and be sued in its corporate
own 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 such seal at its pleasure. * * *(nonstandard provisions
contained in Section 250-10)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/8-4) (from Ch. 85, par. 5204)
Section 2-17. Duties; auditorium and other buildings.
Sec. 8-4. 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. 84-245.)
(70 ILCS 220/8-5) (from Ch. 85, par. 5205)
Section 2-21. Rights and powers. Sec. 8-5. The Authority
shall have the following rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain fair 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 Act.
(c) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange, and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events, whether conducted by the
Authority or some other person or governmental agency.
(d) To 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. 84-245.)
(70 ILCS 220/8-6) (from Ch. 85, par. 5206)
Section 2-25. Incurring obligations. Sec. 8-6. The
Authority shall not incur any obligations for salaries or for
office or administrative expenses except within the amounts
of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 84-245.)
(70 ILCS 220/8-7) (from Ch. 85, par. 5207)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 8-7. 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) and 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. 84-245.)
(70 ILCS 220/8-8) (from Ch. 85, par. 5208)
Section 2-40. Federal money. Sec. 8-8. 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. 84-245.)
(70 ILCS 220/8-9) (from Ch. 85, par. 5209)
Section 2-45. Insurance. Sec. 8-9. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 84-245.)
(70 ILCS 220/8-10) (from Ch. 85, par. 5210)
Section 2-51. Borrowing; revenue bonds; mandamus or
other actions to compel performance. Sec. 8-10. The
Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and
exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by 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 "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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 and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or
employees of or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority and any of its officers, agents
or employees to perform any duties required to be performed
for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their
issuance, and to enjoin the Authority and any of its
officers, agents or employees from taking any action in
conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
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 and 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. 84-245.)
(70 ILCS 220/8-11) (from Ch. 85, par. 5211)
Section 250-15. Bonds; nature of indebtedness. Sec.
8-11. * * *(nonstandard provisions contained in Section
250-15)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/8-12) (from Ch. 85, par. 5212)
Section 250-20. Investment in bonds. Sec. 8-12. * *
*(nonstandard provisions contained in Section 250-20)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/8-13) (from Ch. 85, par. 5213)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 8-13. * * *(nonstandard provisions
contained in Section 250-25)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/8-14) (from Ch. 85, par. 5214)
Section 2-80. Board members' oath. Sec. 8-14. * *
*(nonstandard provisions contained in Section 250-30)* * *
Within 30 days after certification of his appointment, and
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. 84-245.)
(70 ILCS 220/8-15) (from Ch. 85, par. 5215)
Section 2-85. Board members; vacancy in office. Sec.
8-15. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
receipt requested, of a copy of the written charges against
the member and him, and by providing him an opportunity to be
publicly heard in person or by counsel in the member's his
own defense upon not less than 10 days' notice.
(Section 2-85, resumed)
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 the case
of expiration of the term of a member of the Board.
(Source: P.A. 84-245.)
(70 ILCS 220/8-16) (from Ch. 85, par. 5216)
Section 2-90. Organization of the Board. Sec. 8-16. As
soon as practicably possible practicable 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 his office
as a member of the Board or for the a term of 3 years,
whichever is shorter.
(Source: P.A. 84-245.)
(70 ILCS 220/8-17) (from Ch. 85, par. 5217)
Section 2-96. Meetings; action by 4 Board members. Sec.
8-17. 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 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 ordinances, resolutions and records of 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. 84-245.)
(70 ILCS 220/8-18) (from Ch. 85, par. 5218)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 8-18. The Board
shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during at the pleasure
of the Board, and shall fix their duties and compensation.
Before entering upon the their 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 84-245.)
(70 ILCS 220/8-19) (from Ch. 85, par. 5219)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 8-19. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 84-245.)
(70 ILCS 220/8-20) (from Ch. 85, par. 5220)
Section 2-110. Signatures on checks or drafts. Sec.
8-20. In case any officer whose signature appears upon any
check or draft, issued pursuant to this Article Act, ceases
(after attaching his signature) to hold his office after
attaching his or her signature and before the delivery of the
check or draft thereof to the payee, that his signature
nevertheless shall be valid and sufficient for all purposes
with the same effect as if the officer he had remained in
office until delivery thereof.
(Source: P.A. 84-245.)
(70 ILCS 220/8-21) (from Ch. 85, par. 5221)
Section 2-115. General manager; other appointments. Sec.
8-21. The Board may appoint a general manager who shall be a
person of recognized ability and business experience, to hold
office during at the pleasure of the Board. The general
manager shall have management of manage the properties and
business of the Authority and of the employees thereof
subject to the general control of the Board, and 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. 84-245.)
(70 ILCS 220/8-22) (from Ch. 85, par. 5222)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 8-22. 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. 84-245.)
(70 ILCS 220/8-23) (from Ch. 85, par. 5223)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 8-23. All contracts
for sale of property of the value of more than $2500, or for
a concession in or lease of property, including air rights,
of the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except: (1)
when repair parts, accessories, equipment or services are
required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required
is such that competitive bidding is not in the best interest
of the public, including, without limiting the generality of
the foregoing, the services of accountants, architects,
attorneys, engineers, physicians, superintendents of
construction, and others possessing a high degree of skill;
and (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure 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. 84-245.)
(70 ILCS 220/8-24) (from Ch. 85, par. 5224)
Section 2-130. Bids and advertisements. Sec. 8-24.
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 of 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 insure
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. 84-245.)
(70 ILCS 220/8-25) (from Ch. 85, par. 5225)
Section 250-35. Report and financial statement. Sec.
8-25. * * *(nonstandard provisions contained in Section
250-35)* * *
(Source: P.A. 84-245.)
(70 ILCS 220/8-26) (from Ch. 85, par. 5226)
Section 2-150. Tax exemption. Sec. 8-26. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 84-245.)
(70 ILCS 220/8-27) (from Ch. 85, par. 5227)
Section 2-145. Antitrust laws. Sec. 8-27. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 84-245.)
(70 ILCS 220/8-28) (from Ch. 85, par. 5228)
Section 2-140. State financial support. Sec. 8-28. The
Authority created by this Article Act 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. 84-245.)
PART 255. SPRINGFIELD METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 345/1) (from Ch. 85, par. 1251)
Section 255-1. Short title. Sec. 1. * * *(nonstandard
provisions contained in Section 255-1)* * *
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/2) (from Ch. 85, par. 1252)
Section 2-5. Definitions. Sec. 2. When used In this
Article Act:
* * *(nonstandard provisions contained in Section 255-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 255-5)*
* *
(Source: P.A. 78-467.)
(70 ILCS 345/3) (from Ch. 85, par. 1253)
Section 2-10. Lawsuits; common seal. Sec. 3. * *
*(nonstandard provisions contained in Section 255-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 255-10)* * *
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/4) (from Ch. 85, par. 1254)
Section 255-15. Duties. Sec. 4. * * *(nonstandard
provisions contained in Section 255-15)* * *
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/5) (from Ch. 85, par. 1255)
Section 255-20. Rights and powers. Sec. 5. * *
*(nonstandard provisions contained in Section 255-20)* * *
(Source: P.A. 82-783.)
(70 ILCS 345/6) (from Ch. 85, par. 1256)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/6.1) (from Ch. 85, par. 1256.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 345/7) (from Ch. 85, par. 1257)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 7. 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, from any municipal
corporation, body politic, or agency of the State, or from
the State itself, (ii) useful for its purposes, and 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. 79-1390.)
(70 ILCS 345/8) (from Ch. 85, par. 1258)
Section 255-25. Federal money. Sec. 8. * * *(nonstandard
provisions contained in Section 255-25)* * *
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/9) (from Ch. 85, par. 1259)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/10) (from Ch. 85, par. 1260)
Section 255-30. Borrowing; revenue bonds. Sec. 10. * *
*(nonstandard provisions contained in Section 255-30)* * *
(Source: P.A. 86-4.)
(70 ILCS 345/11) (from Ch. 85, par. 1261)
Section 255-35. Bonds; nature of indebtedness. Sec. 11.
* * *(nonstandard provisions contained in Section 255-35)* *
*
(Source: P.A. 76-1564.)
(70 ILCS 345/12) (from Ch. 85, par. 1262)
Section 2-60. Investment in bonds. Sec. 12. 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 Act, 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 purchase or investment.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/13) (from Ch. 85, par. 1263)
Section 255-40. Tax. Sec. 13. * * *(nonstandard
provisions contained in Section 255-40)* * *
(Source: P.A. 81-1509.)
(70 ILCS 345/13(a)) (from Ch. 85, par. 1263a)
Section 255-45. Borrowing; general obligation and
revenue bonds; backdoor referendum. Sec. 13(a). * *
*(nonstandard provisions contained in Section 255-45)* * *
(Source: P.A. 86-4; 87-767.)
(70 ILCS 345/13(b)) (from Ch. 85, par. 1263b)
Section 255-50. G.O. bonds; election. Sec. 13(b). * *
*(nonstandard provisions contained in Section 255-50)* * *
(Source: P.A. 81-1489.)
(70 ILCS 345/13(c)) (from Ch. 85, par. 1263c)
Section 255-55. Election; canvass of returns; expenses.
Sec. 13(c). * * *(nonstandard provisions contained in Section
255-55)* * *
(Source: P.A. 81-1489.)
(70 ILCS 345/14) (from Ch. 85, par. 1264)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 14. * * *(nonstandard provisions contained in
Section 255-60)* * * 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 not in the
sale or lease of any property to or from the Authority.
(Source: P.A. 79-529.)
(70 ILCS 345/15(a)) (from Ch. 85, par. 1265a)
Section 255-65. Term of Board members; election of
successors. Sec. 15(a). * * *(nonstandard provisions
contained in Section 255-65)* * *
(Source: P.A. 81-1490.)
(70 ILCS 345/15(b)) (from Ch. 85, par. 1265b)
Section 255-70. Qualifications of Board members and
voters. Sec. 15(b). * * *(nonstandard provisions contained in
Section 255-70)* * *
(Source: P.A. 81-1490.)
(70 ILCS 345/15(c)) (from Ch. 85, par. 1265c)
Section 255-75. Nomination of Board members. Sec. 15(c).
* * *(nonstandard provisions contained in Section 255-75)* *
*
(Source: P.A. 81-1490.)
(70 ILCS 345/15(d)) (from Ch. 85, par. 1265d)
Section 255-80. Election of Board members. Sec. 15(d). *
* *(nonstandard provisions contained in Section 255-80)* * *
(Source: P.A. 81-1490.)
(70 ILCS 345/16) (from Ch. 85, par. 1266)
Section 255-85. Board members; vacancy in office. Sec.
16. * * *(nonstandard provisions contained in Section
255-85)* * *
(Source: P.A. 80-1469.)
(70 ILCS 345/17) (from Ch. 85, par. 1267)
Section 255-90. Organization of the Board. Sec. 17. * *
*(nonstandard provisions contained in Section 255-90)* * *
(Source: P.A. 79-529.)
(70 ILCS 345/18) (from Ch. 85, par. 1268)
Section 255-95. Meetings; quorum; approval of ordinances
and resolutions by chairman; public records. Sec. 18. * *
*(nonstandard provisions contained in Section 255-95)* * *
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/19) (from Ch. 85, par. 1269)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 19. 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 its 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 to
the office and the payment of all money received by the
treasurer him 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 depositary for those these funds. The oaths
of office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 345/20) (from Ch. 85, par. 1270)
Section 255-100. Deposit of funds. Sec. 20. * *
*(nonstandard provisions contained in Section 255-100)* * *
(Source: P.A. 83-541.)
(70 ILCS 345/21) (from Ch. 85, par. 1271)
Section 2-110. Signatures on checks or drafts. Sec. 21.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/22) (from Ch. 85, par. 1272)
Section 2-115. General manager; other appointments. Sec.
22. 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 It 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. 81-257.)
(70 ILCS 345/23) (from Ch. 85, par. 1273)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 23. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 ten days after its publication.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/24) (from Ch. 85, par. 1274)
Section 2-128. Contracts; award to other than highest or
lowest bidder by three-fourths vote. Sec. 24. All contracts
for the sale of property of the value of more than $2,500 or
for any concession in or lease of property of the Authority
for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials,
equipment and services, when the expense thereof will exceed
$2,500, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when
the nature of the services required is such that competitive
bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the
services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such
as water, light, heat, power, telephone or telegraph are
required.
All contracts involving less than $2,500 shall be let by
competitive bidding whenever possible, and in any event in a
manner calculated to ensure insure the best interests of the
public.
In determining the responsibility of any bidder, the
Board may take into account the past record of dealings with
the bidder, the bidder's experience, adequacy of equipment,
and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no
case shall any such contracts be awarded to any other than
the highest bidder (in case of sale, concession or lease) or
the lowest bidder (in case of purchase or expenditure) unless
authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the
reasons for not awarding the contract to the highest or
lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the Authority and
open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $2,500 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from bidding
or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his bid with a sworn statement that he
has not been a party to any such agreement.
Members of the Board, officers and employees of the
Authority, and their relatives within the fourth degree of
consanguinity by the terms of the civil law, are forbidden to
be interested directly or indirectly in any contract for
construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such advertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations to carry into
effect the provisions of this Section.
(Source: Laws 1965, p. 2756.)
(70 ILCS 345/25) (from Ch. 85, par. 1275)
Section 2-130. Bids and advertisements. Sec. 25.
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 ten
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 of 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 insure
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.
* * *(nonstandard provisions contained in Section
255-105)* * *
(Source: P.A. 83-345.)
(70 ILCS 345/26) (from Ch. 85, par. 1276)
Section 255-110. Report and financial statement. Sec.
26. * * *(nonstandard provisions contained in Section
255-110)* * *
(Source: P.A. 79-529.)
(70 ILCS 345/27) (from Ch. 85, par. 1277)
Section 2-155. Partial invalidity. Sec. 27. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act 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: Laws 1965, p. 2756.)
(70 ILCS 345/28) (from Ch. 85, par. 1278)
Section 255-115. Disconnection of territory. Sec. 28. *
* *(nonstandard provisions contained in Section 255-115)* * *
(Source: P.A. 78-467.)
(70 ILCS 345/29) (from Ch. 85, par. 1279)
Section 255-120. Tax status of disconnected territory.
Sec. 29. * * *(nonstandard provisions contained in Section
255-120)* * *
(Source: P.A. 78-467.)
(70 ILCS 345/30) (from Ch. 85, par. 1280)
Section 255-125. Reconnection of disconnected territory.
Sec. 30. * * *(nonstandard provisions contained in Section
255-125)* * *
(Source: P.A. 78-467.)
(70 ILCS 345/31) (from Ch. 85, par. 1281)
Section 2-145. Antitrust laws. Sec. 31. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 345/32) (from Ch. 85, par. 1282)
Section 2-150. Tax exemption. Sec. 32. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 345/33) (from Ch. 85, par. 1283)
Section 2-140. State financial support. Sec. 33. The
Authority created by this Article Act 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. 83-1456.)
PART 260. STERLING CIVIC CENTER
(70 ILCS 270/2-1) (from Ch. 85, par. 3501)
Section 2-3. Purpose. Sec. 2-1. The purpose of this
Article Act 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. 83-1456.)
(70 ILCS 270/2-2) (from Ch. 85, par. 3502)
Section 260-1. Short title. Sec. 2-2. * * *(nonstandard
provisions contained in Section 260-1)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/2-3) (from Ch. 85, par. 3503)
Section 2-5. Definitions. Sec. 2-3. When used In this
Article:
* * *(nonstandard provisions contained in Section 260-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 260-5)*
* *
(Source: P.A. 83-1456.)
(70 ILCS 270/2-4) (from Ch. 85, par. 3504)
Section 2-10. Lawsuits; common seal. Sec. 2-4. * *
*(nonstandard provisions contained in Section 260-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 260-10)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/2-5) (from Ch. 85, par. 3505)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 2-5. 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 lease and 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. 83-1456.)
(70 ILCS 270/2-6) (from Ch. 85, par. 3506)
Section 2-20. Rights and powers, including eminent
domain. Sec. 2-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest on any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-7) (from Ch. 85, par. 3507)
Section 2-25. Incurring obligations. Sec. 2-7. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-7.1) (from Ch. 85, par. 3507.1)
Section 2-30. Prompt payment. Sec. 2-7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the "Local Government Prompt Payment Act",
approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 270/2-8) (from Ch. 85, par. 3508)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 2-8. 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) useful for its purposes, and 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. 83-1456.)
(70 ILCS 270/2-9) (from Ch. 85, par. 3509)
Section 2-40. Federal money. Sec. 2-9. 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. 83-1456.)
(70 ILCS 270/2-10) (from Ch. 85, par. 3510)
Section 2-45. Insurance. Sec. 2-10. 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 his office or employment,
and or against any other insurable risk.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-11) (from Ch. 85, par. 3511)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 2-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 forty years from their
respective dates, may bear interest at such rate or rates,
not exceeding the maximum rate permitted by the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as amended, 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, and to compel the Authority or 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, sports 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 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 three times in a daily newspaper of general
circulation published in the metropolitan area, the last
publication to be at least 10 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 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. 83-1456.)
(70 ILCS 270/2-12) (from Ch. 85, par. 3512)
Section 2-55. Bonds; nature of indebtedness. Sec. 2-12.
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 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
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 aforesaid.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-13) (from Ch. 85, par. 3513)
Section 2-60. Investment in bonds. Sec. 2-13. 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 Act, 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. 83-1456.)
(70 ILCS 270/2-14) (from Ch. 85, par. 3514)
Section 2-65. Bonds other than revenue bonds. Sec. 2-14.
No bonds, other than revenue bonds issued pursuant to Section
2-50 2-10, shall be issued by the Authority until the
proposition to issue the bonds same has been submitted to and
approved by a majority of the voters of the said metropolitan
area voting upon the proposition at a general election in
accordance with the general election law. The Authority may
by resolution order the 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 under this
Section as herein set forth shall be in substantially the
following form:
Shall bonds of the (name of Authority) to the amount
of $(amount) be issued for the purpose of (state
purpose)?
The votes shall be recorded as "Yes" or "No".
-------------------------------------------------------------
Shall bonds of the "Sterling YES
Metropolitan Exposition,
Auditorium and Office Building ------------------------
Authority" to the amount of.....
Dollars ($ ) be issued for the
purpose of....? NO
-------------------------------------------------------------
(Source: P.A. 83-1456.)
(70 ILCS 270/2-15) (from Ch. 85, par. 3515)
Section 2-70. Tax. Sec. 2-15. If a majority of the
voters of the said metropolitan area approve the issuance of
bonds as provided in Section 2-65 2-14 of this Act, the
Authority shall have power to levy and collect annually a sum
sufficient to pay for the annual principal and interest
charges on such bonds.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Upon Thereupon 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 of the taxable property in the metropolitan area,
as equalized or assessed by the Department of Revenue.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-16) (from Ch. 85, par. 3516)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 2-16. * * *(nonstandard provisions
contained in Section 260-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-17) (from Ch. 85, par. 3517)
Section 2-80. Board members' oath. Sec. 2-17. * *
*(nonstandard provisions contained in Section 260-20)* * *
Within 30 days after certification of his appointment, and
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. 83-1456.)
(70 ILCS 270/2-18) (from Ch. 85, par. 3518)
Section 2-85. Board members; vacancy in office. Sec.
2-18. Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office; the resignation takes to
take effect when the member's his successor has been
appointed and has qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 83-1456.)
(70 ILCS 270/2-19) (from Ch. 85, par. 3519)
Section 2-90. Organization of the Board. Sec. 2-19. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-20) (from Ch. 85, par. 3520)
Section 2-96. Meetings; action by 4 Board members. Sec.
2-20. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-21) (from Ch. 85, par. 3521)
Section 2-100. Secretary; treasurer. Sec. 2-21. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary for those these funds. The oaths of office and
the treasurer's bond shall be filed in the principal office
of the Authority.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-22) (from Ch. 85, par. 3522)
Section 260-25. Deposit of funds. Sec. 2-22. * *
*(nonstandard provisions contained in Section 260-25)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/2-23) (from Ch. 85, par. 3523)
Section 2-110. Signatures on checks or drafts. Sec. 2-23.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-24) (from Ch. 85, par. 3524)
Section 2-115. General manager; other appointments. Sec.
2-24. 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 It 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. 83-1456.)
(70 ILCS 270/2-25) (from Ch. 85, par. 3525)
Section 2-122. Rules and regulations; penalties. Sec.
2-25. 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. 83-1456.)
(70 ILCS 270/2-26) (from Ch. 85, par. 3526)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 2-26. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder, after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
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 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. 83-1456.)
(70 ILCS 270/2-27) (from Ch. 85, par. 3527)
Section 2-130. Bids and advertisements. Advertisements
Sec. 2-27. Advertisement 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 of 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 insure
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.
* * *(nonstandard provisions contained in Section
260-30)* * *
(Source: P.A. 83-1456.)
(70 ILCS 270/2-28) (from Ch. 85, par. 3528)
Section 2-135. Report and financial statement. Sec. 2-28.
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. 83-1456.)
(70 ILCS 270/2-29) (from Ch. 85, par. 3529)
Section 2-150. Tax exemption. Sec. 2-29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 83-1456.)
(70 ILCS 270/2-30) (from Ch. 85, par. 3530)
Section 2-140. State financial support. Sec. 2-30. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 270/2-31) (from Ch. 85, par. 3531)
Section 2-145. Antitrust laws. Sec. 2-31. The Authority
is hereby expressly made the beneficiary of the provisions
of Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
PART 265. VERMILION COUNTY CIVIC CENTER
(70 ILCS 265/1) (from Ch. 85, par. 1551)
Section 265-5. Purpose. Sec. 1. * * * (nonstandard
provisions contained in Section 265-5) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/1.1) (from Ch. 85, par. 1551.1)
Section 265-1. Short title. Sec. 1.1. * * * (nonstandard
provisions contained in Section 265-1) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/2) (from Ch. 85, par. 1552)
Section 2-5. Definitions. In this Article: Sec. 2.
* * * (nonstandard provisions contained in Section
265-10) * * *
"Governmental agency" means the federal government, the
State of Illinois, any unit of local government or school
district, and any agency or instrumentality thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock joint-stock association; and includes any
trustee, receiver, assignee or personal representative
thereof.
* * * (nonstandard provisions contained in Section
265-10) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/3) (from Ch. 85, par. 1553)
Section 2-10. Lawsuits; common seal. Sec. 3. * * *
(nonstandard provisions contained in Section 265-15) * * *
(a) The Authority may sue and be sued in its corporate
own name but execution shall not in any case issue against
any property of the Authority.
(b) The Authority It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 265-15) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/4) (from Ch. 85, par. 1554)
Section 2-16. Duties; auditorium and other buildings;
lease of space. Sec. 4. 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. 79-794.)
(70 ILCS 265/5) (from Ch. 85, par. 1555)
Section 265-20. Rights and powers, including eminent
domain. Sec. 5. * * * (nonstandard provisions contained in
Section 265-20) * * *
(Source: P.A. 82-783.)
(70 ILCS 265/6) (from Ch. 85, par. 1556)
Section 2-25. Incurring obligations. Sec. 6. The
Authority shall not incur any obligations for salaries or
for, office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 79-794.)
(70 ILCS 265/6.1) (from Ch. 85, par. 1556.1)
Section 2-30. Prompt payment. Sec. 6.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 265/7) (from Ch. 85, par. 1557)
Section 2-36. Acquisition of property from person or
governmental agency. Sec. 7. 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) and 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. 79-794.)
(70 ILCS 265/8) (from Ch. 85, par. 1558)
Section 2-40. Federal money. Sec. 8. 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. 79-794.)
(70 ILCS 265/9) (from Ch. 85, par. 1559)
Section 2-45. Insurance. Sec. 9. 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 of Authority in the
performance of the duties of the his office or employment,
and against or any other insurable risk.
(Source: P.A. 79-794.)
(70 ILCS 265/10) (from Ch. 85, par. 1560)
Section 2-52. Borrowing; revenue bonds; interest payable
semi-annually; bond sale price; effect of Omnibus Bond Acts.
Sec. 10. The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its
duties and exercising its powers under this Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not exceeding
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, may be in such form, may carry such
registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to
redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and
covenants, all as may be provided in said 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 and
proceedings to compel the performance and observance by the
Authority or any of its officers, agents or employees of or
any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, and to compel the
Authority and any of its officers, agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds or interest coupons by the
provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or
employees from taking any action in conflict with any such
contract or covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code of the State of
Illinois.
The bonds shall be sold by the corporate authorities of
the Authority in such manner as said corporate authorities
shall determine, except that if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest and
except that the selling price of bonds bearing interest at a
rate of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of bonds shall
not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of said bonds or
certificates according to standard tables of bond values.
From and after the issuance of any bonds as herein
provided it shall be the duty of the corporate authorities of
the Authority to fix and establish rates, charges, rents, and
fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other
revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon as they shall become
due, and all sinking fund requirements and other requirements
provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all of such bonds and for
the purpose of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof and
the issuance of any additional bonds payable from such
revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities,
exhibitions, office rentals, and air space leases and
rentals, and other revenue, if any, the Authority may execute
and deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Authority shall be
created thereby.
A remedy for any breach or default of the terms of any
such trust agreement by the Authority may be by mandamus,
injunction, or other civil actions or and proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are
sold the entire authorized issue, or any part thereof, shall
be offered for sale as a unit after advertising for bids at
least 3 times in a daily newspaper of general circulation
published in the metropolitan area, the last publication to
be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any
newspaper or financial publication in the United States. All
bids shall be sealed, filed and opened as provided by
ordinance and the bonds shall be awarded to the highest and
best bidder or bidders therefor. The Authority shall have
the right to reject all bids and readvertise for bids in the
manner provided for in the initial advertisement. However,
if no bids are received such bonds may be sold at not less
than par value, without further advertising, within 60 days
after the bids are required to be filed pursuant to any
advertisement.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4 this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Article Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article Act that
may appear to be or to have been more restrictive than those
Acts.
(Source: P.A. 86-4.)
(70 ILCS 265/11) (from Ch. 85, par. 1561)
Section 265-25. Bonds; nature of indebtedness. Sec. 11.
* * * (nonstandard provisions contained in Section 265-25) *
* *
(Source: P.A. 79-794.)
(70 ILCS 265/12) (from Ch. 85, par. 1562)
Section 265-30. Investment in bonds. Sec. 12. * * *
(nonstandard provisions contained in Section 265-30) * * *
(Source: P.A. 79-794.)
(70 ILCS 265/13) (from Ch. 85, par. 1563)
Section 265-32. Bonds other than revenue bonds. Sec. 13.
* * * (nonstandard provisions contained in Section 265-32) *
* *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/14) (from Ch. 85, par. 1564)
Section 265-35. Tax. Sec. 14. * * * (nonstandard
provisions contained in Section 265-35) * * *
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/15) (from Ch. 85, par. 1565)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 15. * * * (nonstandard provisions contained in
Section 265-40) * * * The members of the Board They 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/16) (from Ch. 85, par. 1566)
Section 2-80. Board members' oath. Sec. 16. * * *
(nonstandard provisions contained in Section 265-45) * * *
Within 30 days after certification of his appointment, and
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. 86-888; 86-907.)
(70 ILCS 265/17) (from Ch. 85, par. 1567)
Section 2-85. Board members; vacancy in office. Sec. 17.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified.
Section 2-83. Removal of Board member from office. The
appointing officer may remove any member of the Board
appointed by the officer him, in case of incompetency,
neglect of duty, or malfeasance in office, after service on
the member him, by registered United States mail, return
requested, of a copy of the written charges against the
member him and an opportunity to be publicly heard in person
or by counsel in the member's his own defense upon not less
than 10 days' notice.
(Section 2-85, resumed)
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, a member's his
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. 79-794.)
(70 ILCS 265/18) (from Ch. 85, par. 1568)
Section 2-90. Organization of the Board. Sec. 18. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 79-794.)
(70 ILCS 265/19) (from Ch. 85, par. 1569)
Section 2-97. Board meetings; public records. Sec. 19.
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. * * * (nonstandard provisions
contained in Section 265-50) * * *
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. 86-888; 86-907.)
(70 ILCS 265/20) (from Ch. 85, par. 1570)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 20. 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 its 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 him 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 these funds. The oaths of office
and the treasurer's bond shall be filed in the principal
office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 265/21) (from Ch. 85, par. 1571)
Section 2-106. Funds; compliance with Public Funds
Investment Act. Sec. 21. 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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 265/22) (from Ch. 85, par. 1572)
Section 2-110. Signatures on checks or drafts. Sec. 22.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 79-794.)
(70 ILCS 265/23) (from Ch. 85, par. 1573)
Section 2-115. General manager; other appointments. Sec.
23. The Board may appoint a general manager who shall be a
person man 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 It 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. 79-794.)
(70 ILCS 265/24) (from Ch. 85, par. 1574)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 24. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 79-794.)
(70 ILCS 265/25) (from Ch. 85, par. 1575)
Section 2-127. Contracts; award to other than highest or
lowest bidder by four-fifths vote. Sec. 25. All contracts for
sale of property of the value of more than $2500, or for a
concession in or lease of property, including air rights, of
the Authority for a term of more than one year, shall be
awarded to the highest responsible bidder, after advertising
for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense
thereof will exceed $2500, shall be let to the lowest
responsible bidder, after advertising for bids, except:
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 $2500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and in any event in a manner calculated to ensure
insure the best interests of the public.
In determining the responsibility of any bidder, the
Board may take into 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 contract 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. 79-794.)
(70 ILCS 265/26) (from Ch. 85, par. 1576)
Section 2-130. Bids and advertisements. Sec. 26.
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 of 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 insure
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. 79-794.)
(70 ILCS 265/26a) (from Ch. 85, par. 1576a)
Section 2-150. Tax Sec. 26a. exemption from taxation.
All property of the Decatur and Vermilion County Civic
Centers Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-888; 86-907.)
(70 ILCS 265/26b) (from Ch. 85, par. 1576b)
Section 2-145. Antitrust laws. Sec. 26b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 265/26c) (from Ch. 85, par. 1576c)
Section 2-140. State financial support. Sec. 26c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 265/27) (from Ch. 85, par. 1577)
Section 2-135. Report and financial statement. Sec. 27.
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 as provided in Section 16.
(Source: P.A. 79-794.)
(70 ILCS 265/28) (from Ch. 85, par. 1578)
Section 2-155. Partial invalidity. Sec. 28. If any
provision of this Article Act is held invalid such provision
shall be deemed to be excised from this Article Act and the
invalidity thereof shall not affect any of the other
provisions of this Article Act. If the application of any
provision of this Article Act 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. 79-794.)
PART 270. WAUKEGAN CIVIC CENTER
(70 ILCS 325/7-1) (from Ch. 85, par. 7007-1)
Section 2-3. Purpose. Sec. 7-1. The purpose of this
Article Act 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. 86-907.)
(70 ILCS 325/7-2) (from Ch. 85, par. 7007-2)
Section 270-1. Short title. Sec. 7-2. * * * (nonstandard
provisions contained in Section 270-1) * * *
(Source: P.A. 85-907; 86-1028.)
(70 ILCS 325/7-3) (from Ch. 85, par. 7007-3)
Section 2-5. Definitions. Sec. 7-3. When used In this
Article:
* * * (nonstandard provisions contained in Section 270-5)
* * *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * * (nonstandard provisions contained in Section 270-5)
* * *
(Source: P.A. 86-907; 86-1028.)
(70 ILCS 325/7-4) (from Ch. 85, par. 7007-4)
Section 2-10. Lawsuits; common seal. Sec. 7-4. * * *
(nonstandard provisions contained in Section 270-10) * * *
(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 It may adopt a common seal and change
the same at its pleasure. * * * (nonstandard provisions
contained in Section 270-10) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/7-5) (from Ch. 85, par. 7007-5)
Section 2-15. Duties; auditorium, recreational, and other
buildings; lease of space. Sec. 7-5. 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. 86-907.)
(70 ILCS 325/7-6) (from Ch. 85, par. 7007-6)
Section 2-20. Rights and powers, including eminent
domain. Sec. 7-6. The Authority shall have the following
rights and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain exhibition
centers, civic auditoriums, cultural facilities and office
buildings, including sites and parking areas and commercial
facilities therefor located within the metropolitan area;.
(b) To plan for such grounds, centers and auditoriums
and to plan, sponsor, hold, arrange and finance fairs,
industrial, cultural, educational, trade and scientific
exhibits, shows and events and to use or allow the use of
such grounds, centers, and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;.
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as now or hereafter amended;.
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;.
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article Act.
(Source: P.A. 86-907.)
(70 ILCS 325/7-7) (from Ch. 85, par. 7007-7)
Section 2-25. Incurring obligations. Sec. 7-7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 86-907.)
(70 ILCS 325/7-8) (from Ch. 85, par. 7007-8)
Section 2-35. Acquisition of property from person, State,
or local agency. Sec. 7-8. 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, useful for its purposes, and (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. 86-907.)
(70 ILCS 325/7-9) (from Ch. 85, par. 7007-9)
Section 2-40. Federal money. Sec. 7-9. 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. 86-907.)
(70 ILCS 325/7-10) (from Ch. 85, par. 7007-10)
Section 2-45. Insurance. Sec. 7-10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 86-907.)
(70 ILCS 325/7-11) (from Ch. 85, par. 7007-11)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 7-11. The Authority shall have continuing
power to borrow money for the purpose of carrying out and
performing its duties and exercising its powers under this
Article Act.
For the purpose of evidencing the obligation of the
Authority to repay any money borrowed as aforesaid, the
Authority may, pursuant to an ordinance adopted by the Board,
from time to time issue and dispose of its interest bearing
revenue bonds, and may also from time to time issue and
dispose of its interest bearing revenue bonds to refund any
bonds at maturity or pursuant to redemption provisions or at
any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the
revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized
activities operated by it, and from funds, if any, received
and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such
time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates, not
exceeding the maximum rate permitted by the Bond
Authorization Act, as now or hereafter amended, 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 or any contract
or covenant made by the Authority with the holders of such
bonds or interest coupons, and to compel the Authority or 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 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. 86-907; 86-1028.)
(70 ILCS 325/7-12) (from Ch. 85, par. 7007-12)
Section 2-55. Bonds; nature of indebtedness. Sec. 7-12.
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 aforesaid.
(Source: P.A. 86-907.)
(70 ILCS 325/7-13) (from Ch. 85, par. 7007-13)
Section 2-60. Investment in bonds. Sec. 7-13. 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 Act, 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. 86-907.)
(70 ILCS 325/7-14) (from Ch. 85, par. 7007-14)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 7-14.* * * (nonstandard provisions
contained in Section 270-15) * * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/7-15) (from Ch. 85, par. 7007-15)
Section 270-20. Board members. Sec. 7-15.* * *
(nonstandard provisions contained in Section 270-20) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/7-16) (from Ch. 85, par. 7007-16)
Section 270-25. Board member terms. Sec. 7-16.* *
*(nonstandard provisions contained in Section 270-25) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/7-17) (from Ch. 85, par. 7007-17)
Section 2-90. Organization of the Board. Sec. 7-17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 86-907.)
(70 ILCS 325/7-18) (from Ch. 85, par. 7007-18)
Section 2-95. Meetings; action by 5 Board members. Sec.
7-18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 86-907.)
(70 ILCS 325/7-19) (from Ch. 85, par. 7007-19)
Section 2-100. Secretary; treasurer. Sec. 7-19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 86-907.)
(70 ILCS 325/7-20) (from Ch. 85, par. 7007-20)
Section 2-105. Funds. Sec. 7-20. 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. 86-907.)
(70 ILCS 325/7-21) (from Ch. 85, par. 7007-21)
Section 2-110. Signatures on checks or drafts. Sec.
7-21. In case any officer whose signature appears upon any
check or draft issued pursuant to this Article Act ceases to
hold office (after attaching his or her signature) to hold
his office and before the delivery of the check or draft
thereof to the payee, that his signature, nevertheless,
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery.
(Source: P.A. 86-907.)
(70 ILCS 325/7-22) (from Ch. 85, par. 7007-22)
Section 2-115. General manager; other appointments. Sec.
7-22. 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 It 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. 86-907.)
(70 ILCS 325/7-23) (from Ch. 85, par. 7007-23)
Section 2-122. Rules and regulations; penalties. Sec.
7-23. 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. 86-907.)
(70 ILCS 325/7-24) (from Ch. 85, par. 7007-24)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 7-24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one
year shall be awarded to the highest responsible bidder,
after advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to
ensure 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 record 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 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. 86-907.)
(70 ILCS 325/7-25) (from Ch. 85, par. 7007-25)
Section 2-130. Bids and advertisements. Sec. 7-25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * * (nonstandard provisions contained in Section
270-30) * * *
(Source: P.A. 86-907.)
(70 ILCS 325/7-26) (from Ch. 85, par. 7007-26)
Section 2-135. Report and financial statement. Sec.
7-26. As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 86-907.)
(70 ILCS 325/7-27) (from Ch. 85, par. 7007-27)
Section 2-140. State financial support. Sec. 7-27. The
Authority created by this Article Act 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.
(Source: P.A. 86-907.)
(70 ILCS 325/7-28) (from Ch. 85, par. 7007-28)
Section 2-145. Antitrust laws. Sec. 7-28. The Authority
is hereby expressly made the beneficiary of the provisions
of Section 1 of the Local Government Antitrust Exemption Act
"An Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, as now or hereafter amended, 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. 86-907.)
(70 ILCS 325/7-29) (from Ch. 85, par. 7007-29)
Section 2-150. Tax exemption. Sec. 7-29. All property
of the Authority shall be exempt from taxation by the State
or any taxing unit therein.
(Source: P.A. 86-907.)
(70 ILCS 325/7-30) (from Ch. 85, par. 7007-30)
Section 2-30. Prompt payment. Sec. 7-30. Purchases made
under pursuant to this Article Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 86-907.)
PART 275. WEST FRANKFORT CIVIC CENTER
(70 ILCS 350/1) (from Ch. 85, par. 6101)
Section 2-3. Purpose. Sec. 1. 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. 85-14.)
(70 ILCS 350/2) (from Ch. 85, par. 6102)
Section 275-1. Short title. Sec. 2. * * *(nonstandard
provisions contained in Section 275-1)* * *
(Source: P.A. 85-14.)
(70 ILCS 350/3) (from Ch. 85, par. 6103)
Section 2-5. Definitions. Sec. 3. When used In this
Article:
* * *(nonstandard provisions contained in Section 275-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 275-5)*
* * (Source: P.A. 85-14.)
(70 ILCS 350/4) (from Ch. 85, par. 6104)
Section 2-10. Lawsuits; common seal. Sec. 4. * *
*(nonstandard provisions contained in Section 275-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 275-10)* * *
(Source: P.A. 85-14.)
(70 ILCS 350/5) (from Ch. 85, par. 6105)
Section 2-15. Duties; auditorium, recreational and other
buildings; lease of space. Sec. 5. 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. 85-14.)
(70 ILCS 350/6) (from Ch. 85, par. 6106)
Section 2-20. Rights and powers, including eminent
domain. Sec. 6. The Authority shall have the following rights
and powers duties:
(a) To acquire, purchase, own, construct, lease as
lessee or in any other way acquire, improve, extend, repair,
reconstruct, regulate, operate, equip and maintain 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 education, trade and
scientific exhibits, shows and events and to use or allow the
use of such grounds, centers, and auditoriums for the holding
of fairs, exhibits, shows and events whether conducted by the
Authority or some other person or governmental agency;
(c) To exercise the right of eminent domain to acquire
sites for such grounds, centers, buildings and auditoriums,
and parking areas and facilities in the manner provided for
the exercise of the right of eminent domain under Article VII
of the Code of Civil Procedure, as amended;
(d) To fix and collect just, reasonable and
nondiscriminatory charges and rents for the use of such
parking areas and facilities, grounds, centers, buildings and
auditoriums and admission charges to fairs, shows, exhibits
and events sponsored or held by the Authority. The charges
collected may be made available to defray the reasonable
expenses of the Authority and to pay the principal of, and
the interest on, any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with
the objects and purposes of this Article.
(Source: P.A. 85-14.)
(70 ILCS 350/7) (from Ch. 85, par. 6107)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 85-14.)
(70 ILCS 350/8) (from Ch. 85, par. 6108)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 8. 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) useful for its purposes, and 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. 85-14.)
(70 ILCS 350/9) (from Ch. 85, par. 6109)
Section 2-40. Federal money. Sec. 9. 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. 85-14.)
(70 ILCS 350/10) (from Ch. 85, par. 6110)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 85-14.)
(70 ILCS 350/11) (from Ch. 85, par. 6111)
Section 2-50. Borrowing; revenue bonds; suits to compel
performance. Sec. 11. 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 "An
Act to authorize public corporations to issue bonds, other
evidences or indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as amended, 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 or any contract or covenant made by the
Authority with the holders of such bonds or interest coupons,
and to compel the Authority or 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 fact
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. 85-14.)
(70 ILCS 350/12) (from Ch. 85, par. 6112)
Section 2-55. Bonds; nature of indebtedness. Sec. 12.
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 aforesaid.
(Source: P.A. 85-14.)
(70 ILCS 350/13) (from Ch. 85, par. 6113)
Section 2-60. Investment in bonds. Sec. 13. 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. 85-14.)
(70 ILCS 350/14) (from Ch. 85, par. 6114)
Section 2-75. Board members; financial matters; conflict
of interest. Sec. 14. * * *(nonstandard provisions contained
in Section 275-15)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 85-14.)
(70 ILCS 350/15) (from Ch. 85, par. 6115)
Section 2-80. Board members' oath. Sec. 15. * *
*(nonstandard provisions contained in Section 275-20)* * *
Within 30 days after certification of his appointment, and
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. 85-14.)
(70 ILCS 350/16) (from Ch. 85, par. 6116)
Section 2-85. Board members; vacancy in office. Sec. 16.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his office; the resignation takes to take effect
when the member's his successor has been appointed and has
qualified. * * *(nonstandard provisions contained in Section
275-25)* * *
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, a member's his
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. 85-14.)
(70 ILCS 350/17) (from Ch. 85, par. 6117)
Section 2-90. Organization of the Board. Sec. 17. 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 his office as a member of the Board or for
the term of 3 years, whichever is shorter.
(Source: P.A. 85-14.)
(70 ILCS 350/18) (from Ch. 85, par. 6118)
Section 2-96. Meetings; action by 4 Board members. Sec.
18. 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 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 action
or proceedings to which the Authority is a party.
(Source: P.A. 85-14.)
(70 ILCS 350/19) (from Ch. 85, par. 6119)
Section 2-100. Secretary; treasurer. Sec. 19. 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
him according to law and the orders of the Board. The Board
may, at any time, require a new bond from the treasurer in a
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
national or state bank wherein the treasurer has deposited
funds if the bank has been approved by the Board as a
depositary depository for those these funds. The oaths of
office and the treasurer's bond bonds shall be filed in the
principal office of the Authority.
(Source: P.A. 85-14.)
(70 ILCS 350/20) (from Ch. 85, par. 6120)
Section 2-105. Funds. Sec. 20. 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. 85-14.)
(70 ILCS 350/21) (from Ch. 85, par. 6121)
Section 2-110. Signatures on checks or drafts. Sec. 21.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Article Act ceases to hold
office (after attaching his or her signature) and to hold his
office before the delivery of the check or draft thereof to
the payee, that his signature, nevertheless, shall be valid
and sufficient for all purposes with the same effect as if
the officer he had remained in office until delivery.
(Source: P.A. 85-14.)
(70 ILCS 350/22) (from Ch. 85, par. 6122)
Section 2-115. General manager; other appointments. Sec.
22. 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 It 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. 85-14.)
(70 ILCS 350/23) (from Ch. 85, par. 6123)
Section 2-122. Rules and regulations; penalties. Sec.
23. 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. 85-14.)
(70 ILCS 350/24) (from Ch. 85, par. 6124)
Section 2-125. Contracts; award to other than highest or
lowest bidder by vote of 5 Board members. Sec. 24. All
contracts for the sale of property of the value of more than
$2,500 or for a concession in or lease of property, including
air rights, of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids. All construction contracts and
contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $2,500, shall be let to
the lowest responsible bidder after advertising for bids,
excepting (1) when repair parts, accessories, equipment or
services are required for equipment or services previously
furnished or contracted for; (2) when the nature of the
services required is such that competitive bidding is not in
the best interest of the public, including, without limiting
the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat,
power, telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by
competitive bidding to the lowest responsible bidder whenever
possible, and, in any event, in a manner calculated to ensure
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 record 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 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. 85-14.)
(70 ILCS 350/25) (from Ch. 85, par. 6125)
Section 2-130. Bids and advertisements. Sec. 25.
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 of bids and, by reference to plans and
specifications on file for receiving and opening of 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 insure 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.
* * *(nonstandard provisions contained in Section
275-30)* * *
(Source: P.A. 85-14.)
(70 ILCS 350/26) (from Ch. 85, par. 6126)
Section 2-135. Report and financial statement. Sec. 26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a
complete and detailed report and financial statement of its
operations and of its assets and liabilities. A reasonably
sufficient number of copies of such report shall be printed
for distribution to persons interested upon request and a
copy thereof shall be filed with the county clerk and the
appointing officers.
(Source: P.A. 85-14.)
(70 ILCS 350/27) (from Ch. 85, par. 6127)
Section 2-140. State financial support. Sec. 27. 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. 85-14.)
(70 ILCS 350/28) (from Ch. 85, par. 6128)
Section 2-145. Antitrust laws. Sec. 28. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust 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. 85-14.)
(70 ILCS 350/29) (from Ch. 85, par. 6129)
Section 2-150. Tax exemption. Sec. 29. All property of
the Authority shall be exempt from taxation by the State or
any taxing unit therein.
(Source: P.A. 85-14.)
(70 ILCS 350/30) (from Ch. 85, par. 6130)
Section 2-30. Prompt payment. Sec. 30. Purchases made
under pursuant to this Article shall be made in compliance
with the Local Government Prompt Payment Act.
(Source: P.A. 85-14.)
PART 280. WILL COUNTY METROPOLITAN
EXPOSITION AND AUDITORIUM AUTHORITY
(70 ILCS 290/1) (from Ch. 85, par. 1580-1)
Section 2-3. Purpose. Sec. 1. The purpose of this
Article Act 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. 80-909.)
(70 ILCS 290/2) (from Ch. 85, par. 1580-2)
Section 280-1. Short title. Sec. 2. * * *(nonstandard
provisions contained in Section 280-1)* * *
(Source: P.A. 86-1414.)
(70 ILCS 290/3) (from Ch. 85, par. 1580-3)
Section 2-5. Definitions. Sec. 3. When used In this
Article Act:
* * *(nonstandard provisions contained in Section 280-5)*
* *
"Governmental agency" means the federal government, the
State, and any unit of local government or school district
governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association
or joint stock association; and includes any trustee,
receiver, assignee or personal representative thereof.
* * *(nonstandard provisions contained in Section 280-5)*
* *
(Source: P.A. 86-1414.)
(70 ILCS 290/4) (from Ch. 85, par. 1580-4)
Section 2-10. Lawsuits; common seal. Sec. 4. * *
*(nonstandard provisions contained in Section 280-10)* * *
(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 It may adopt a common seal and change
the same at its pleasure. * * *(nonstandard provisions
contained in Section 280-10)* * *
(Source: P.A. 86-1441.)
(70 ILCS 290/5) (from Ch. 85, par. 1580-5)
Section 280-15. Duties. Sec. 5. * * *(nonstandard
provisions contained in Section 280-15)* * *
(Source: P.A. 80-909.)
(70 ILCS 290/6) (from Ch. 85, par. 1580-6)
Section 280-20. Rights and powers. Sec. 6. * *
*(nonstandard provisions contained in Section 280-20)* * *
(Source: P.A. 82-783.)
(70 ILCS 290/7) (from Ch. 85, par. 1580-7)
Section 2-25. Incurring obligations. Sec. 7. The
Authority shall not incur any obligations for salaries, or
for office or administrative expenses except within the
amounts of funds that which will be available to it when such
obligations become payable.
(Source: P.A. 80-909.)
(70 ILCS 290/7.1) (from Ch. 85, par. 1580-7.1)
Section 2-30. Prompt payment. Sec. 7.1. Purchases made
under pursuant to this Article Act shall be made in
compliance with the the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 290/8) (from Ch. 85, par. 1580-8)
Section 2-35. Acquisition of property from person,
State, or local agency. Sec. 8. 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) useful for its purposes, and 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. 80-909.)
(70 ILCS 290/9) (from Ch. 85, par. 1580-9)
Section 280-25. Federal money. Sec. 9. * * *(nonstandard
provisions contained in Section 280-25)* * *
(Source: P.A. 80-909.)
(70 ILCS 290/10) (from Ch. 85, par. 1580-10)
Section 2-45. Insurance. Sec. 10. 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 his office or employment,
and against or any other insurable risk.
(Source: P.A. 80-909.)
(70 ILCS 290/11) (from Ch. 85, par. 1580-11)
Section 280-30. Borrowing; revenue bonds. Sec. 11. * *
*(nonstandard provisions contained in Section 280-30)* * *
(Source: P.A. 86-4.)
(70 ILCS 290/12) (from Ch. 85, par. 1580-12)
Section 280-35. Bonds; nature of indebtedness. Sec. 12.
* * *(nonstandard provisions contained in Section 280-35)* *
*
(Source: P.A. 80-909.)
(70 ILCS 290/13) (from Ch. 85, par. 1580-13)
Section 2-60. Investment in bonds. Sec. 13. 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 Act, 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 purchase or investment.
(Source: P.A. 80-909.)
(70 ILCS 290/14) (from Ch. 85, par. 1580-14)
Section 280-40. G.O. bonds. Sec. 14. * * *(nonstandard
provisions contained in Section 280-40)* * *
(Source: P.A. 86-4.)
(70 ILCS 290/15) (from Ch. 85, par. 1580-15)
Section 280-45. G.O. bonds; election. Sec. 15. * *
*(nonstandard provisions contained in Section 280-45)* * *
(Source: P.A. 86-1414.)
(70 ILCS 290/16) (from Ch. 85, par. 1580-16)
Section 280-50. Conduct of election; canvass of returns.
Sec. 16. * * *(nonstandard provisions contained in Section
280-50)* * *
(Source: P.A. 81-1489.)
(70 ILCS 290/17) (from Ch. 85, par. 1580-17)
Section 2-76. Board members; financial matters;
compensation for secretary or treasurer; conflict of
interest. Sec. 17. * * *(nonstandard provisions contained in
Section 280-55)* * * 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 nor in the
sale or lease of any property to or from the Authority.
(Source: P.A. 86-1414.)
(70 ILCS 290/18) (from Ch. 85, par. 1580-18)
Section 2-80. Board members' oath. Sec. 18. * *
*(nonstandard provisions contained in Section 280-60)* * *
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. 86-1414.)
(70 ILCS 290/19) (from Ch. 85, par. 1580-19)
Section 280-65. Organization of Board. Sec. 19. * *
*(nonstandard provisions contained in Section 280-65)* * *
(Source: P.A. 80-909.)
(70 ILCS 290/20) (from Ch. 85, par. 1580-20)
Section 280-70. Meetings; approval of ordinances and
resolutions by chairman; public records. Sec. 20. * *
*(nonstandard provisions contained in Section 280-70)* * *
(Source: P.A. 82-349.)
(70 ILCS 290/21) (from Ch. 85, par. 1580-21)
Section 2-101. Secretary; treasurer; funds deposited in
bank or savings and loan association. Sec. 21. 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 its 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 to
the office and the payment of all money received by the
treasurer him 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 depositary for those these funds. The oaths
of office and the treasurer's bond shall be filed in the
principal office of the Authority.
(Source: P.A. 83-541.)
(70 ILCS 290/22) (from Ch. 85, par. 1580-22)
Section 280-75. Funds; compliance with Public Funds
Investment Act. Sec. 22. * * *(nonstandard provisions
contained in Section 280-75)* * *
(Source: P.A. 83-541.)
(70 ILCS 290/23) (from Ch. 85, par. 1580-23)
Section 2-110. Signatures on checks or drafts. Sec. 23.
In case any officer whose signature appears upon any check or
draft, issued pursuant to this Article Act, ceases (after
attaching his signature) to hold his office after attaching
his or her signature and before the delivery of the check or
draft thereof to the payee, that his signature nevertheless
shall be valid and sufficient for all purposes with the same
effect as if the officer he had remained in office until
delivery thereof.
(Source: P.A. 80-909.)
(70 ILCS 290/24) (from Ch. 85, par. 1580-24)
Section 2-115. General manager; other appointments. Sec.
24. The Board may appoint a general manager who shall be a
person an individual 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 It 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. 80-909.)
(70 ILCS 290/25) (from Ch. 85, par. 1580-25)
Section 2-120. Ordinances, rules, and regulations; fines
and penalties. Sec. 25. 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 embraced by
the Authority. No such ordinance imposing a fine or penalty
shall take effect until 10 days after its publication.
(Source: P.A. 80-909.)
(70 ILCS 290/26) (from Ch. 85, par. 1580-26)
Section 280-80. Contracts; bidding. Sec. 26. * *
*(nonstandard provisions contained in Section 280-80)* * *
(Source: P.A. 82-786.)
(70 ILCS 290/27) (from Ch. 85, par. 1580-27)
Section 2-130. Bids and advertisements. Sec. 27.
Advertisements Advertisement 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 of 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 insure free and open competitive bidding.
All bids in response to advertisements shall be sealed
and shall be publicly opened by the Board, and all bidders
shall be entitled to be present in person or by
representatives. Cash or a certified or satisfactory
cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids,
shall be required with the proposal of each bidder. Bond for
faithful performance of the contract with surety or sureties
satisfactory to the Board and adequate insurance may be
required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible
after the opening of bids. The bid of the successful bidder,
as well as the bids of the unsuccessful bidders, shall be
placed on file and be open to public inspection. All bids
shall be void if any disclosure of the terms of any bid in
response to an advertisement is made or permitted to be made
by the Board before the time fixed for opening bids.
Section 2-132. Bidders; civil action to compel
compliance. Any bidder who has submitted a bid in compliance
with the requirements for bidding may bring a civil action
suit in equity in the circuit court in the county in which
the metropolitan area is located to compel compliance with
the provisions of this Article Act relating to the awarding
of contracts by the Board.
(Source: P.A. 80-909.)
(70 ILCS 290/27a) (from Ch. 85, par. 1580-27a)
Section 2-150. Tax exemption. Sec. 27a. Exemption from
taxation. All property of the Waukegan and Will County
Metropolitan Exposition and Auditorium Civic Center Authority
shall be exempt from taxation by the State or any taxing unit
therein.
(Source: P.A. 83-893.)
(70 ILCS 290/27b) (from Ch. 85, par. 1580-27b)
Section 2-145. Antitrust laws. Sec. 27b. The Authority
is hereby expressly made the beneficiary of the provisions of
Section 1 of the Local Government Antitrust Exemption Act "An
Act to make explicit the authorization for units of local
government and certain other governmental bodies to act as
permitted by statute or the Illinois Constitution,
notwithstanding effects on competition", amendatory veto
overridden November 3, 1983, and the General Assembly intends
that the "State action exemption" to the application of the
federal antitrust anti-trust laws be fully available to the
Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this
Article Act or other Illinois law, or (2) within traditional
areas of local governmental activity.
(Source: P.A. 83-1456.)
(70 ILCS 290/27c) (from Ch. 85, par. 1580-27c)
Section 2-140. State financial support. Sec. 27c. The
Authority created by this Article Act 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. 83-1456.)
(70 ILCS 290/28) (from Ch. 85, par. 1580-28)
Section 280-85. Report and financial statement. Sec. 28.
* * *(nonstandard provisions contained in Section 280-85)* *
*
(Source: P.A. 80-909.)
INDEX
Statutes amended in order of appearance
from 70 ILCS 220/1-2
from 70 ILCS 220/1-3, in part
from 70 ILCS 220/1-4, in part
from 70 ILCS 220/1-14, in part
from 70 ILCS 220/1-15, in part
from 70 ILCS 220/1-16, in part
from 70 ILCS 220/1-25, in part
from 70 ILCS 225/1
from 70 ILCS 225/2, in part
from 70 ILCS 225/3, in part
from 70 ILCS 225/5
from 70 ILCS 225/13
from 70 ILCS 225/14
from 70 ILCS 225/15, in part
from 70 ILCS 225/16, in part
from 70 ILCS 225/19, in part
from 70 ILCS 225/25, in part
from 70 ILCS 230/1-2
from 70 ILCS 230/1-3, in part
from 70 ILCS 230/1-4, in part
from 70 ILCS 230/1-14, in part
from 70 ILCS 230/1-15, in part
from 70 ILCS 230/1-16, in part
from 70 ILCS 230/1-25, in part
from 70 ILCS 230/1-26
from 70 ILCS 235/2
from 70 ILCS 235/3, in part
from 70 ILCS 235/4, in part
from 70 ILCS 235/5
from 70 ILCS 235/6
from 70 ILCS 235/9
from 70 ILCS 235/11
from 70 ILCS 235/12
from 70 ILCS 235/14
from 70 ILCS 235/15
from 70 ILCS 235/16
from 70 ILCS 235/17
from 70 ILCS 235/18, in part
from 70 ILCS 235/19, in part
from 70 ILCS 235/21
from 70 ILCS 235/22, in part
from 70 ILCS 235/24
from 70 ILCS 235/30
from 70 ILCS 260/1-1
from 70 ILCS 260/1-5
from 70 ILCS 260/1-10, in part
from 70 ILCS 260/1-15, in part
from 70 ILCS 260/1-20
from 70 ILCS 260/1-25
from 70 ILCS 260/1-35
from 70 ILCS 260/1-65
from 70 ILCS 260/1-70, in part
from 70 ILCS 260/1-75, in part
from 70 ILCS 260/1-80, in part
from 70 ILCS 260/1-90, in part
from 70 ILCS 260/1-120
from 70 ILCS 260/1-150
from 70 ILCS 305/3-1
from 70 ILCS 305/3-2, in part
from 70 ILCS 305/3-3, in part
from 70 ILCS 305/3-11
from 70 ILCS 305/3-12
from 70 ILCS 305/3-13, in part
from 70 ILCS 305/3-14
from 70 ILCS 305/3-15
from 70 ILCS 305/3-25
from 70 ILCS 220/5-2
from 70 ILCS 220/5-3, in part
from 70 ILCS 220/5-4, in part
from 70 ILCS 220/5-14, in part
from 70 ILCS 220/5-15, in part
from 70 ILCS 220/5-16, in part
from 70 ILCS 220/5-25, in part
from 70 ILCS 325/2-2
from 70 ILCS 325/2-3, in part
from 70 ILCS 325/2-4, in part
from 70 ILCS 325/2-14, in part
from 70 ILCS 325/2-15, in part
from 70 ILCS 325/2-16, in part
from 70 ILCS 325/2-25, in part
from 70 ILCS 240/1001
from 70 ILCS 240/1003, in part
from 70 ILCS 240/1004, in part
from 70 ILCS 240/1006
from 70 ILCS 240/1014, in part
from 70 ILCS 240/1015, in part
from 70 ILCS 240/1016, in part
from 70 ILCS 270/5-1
from 70 ILCS 270/5-2, in part
from 70 ILCS 270/5-3, in part
from 70 ILCS 270/5-10
from 70 ILCS 270/5-11
from 70 ILCS 270/5-12
from 70 ILCS 270/5-13, in part
from 70 ILCS 270/5-14, in part
from 70 ILCS 270/5-25
from 70 ILCS 245/1-2
from 70 ILCS 245/1-3, in part
from 70 ILCS 245/1-4, in part
from 70 ILCS 245/1-13.1
from 70 ILCS 245/1-14, in part
from 70 ILCS 245/1-15, in part
from 70 ILCS 245/1-16
from 70 ILCS 245/1-17
from 70 ILCS 245/1-18, in part
from 70 ILCS 245/1-24
from 70 ILCS 245/1-25, in part
from 70 ILCS 245/1-26
from 70 ILCS 250/2
from 70 ILCS 250/3, in part
from 70 ILCS 250/4, in part
from 70 ILCS 250/13.1
from 70 ILCS 250/14, in part
from 70 ILCS 250/15, in part
from 70 ILCS 255/2001
from 70 ILCS 255/2003, in part
from 70 ILCS 255/2004, in part
from 70 ILCS 255/2006
from 70 ILCS 255/2014, in part
from 70 ILCS 255/2015, in part
from 70 ILCS 255/2016, in part
from 70 ILCS 305/2-2
from 70 ILCS 305/2-3, in part
from 70 ILCS 305/2-4, in part
from 70 ILCS 305/2-14, in part
from 70 ILCS 305/2-15, in part
from 70 ILCS 305/2-16, in part
from 70 ILCS 305/2-25, in part
from 70 ILCS 265/1.1
from 70 ILCS 265/1
from 70 ILCS 265/2, in part
from 70 ILCS 265/3, in part
from 70 ILCS 265/5
from 70 ILCS 265/11
from 70 ILCS 265/12
from 70 ILCS 265/13
from 70 ILCS 265/14
from 70 ILCS 265/15, in part
from 70 ILCS 265/16, in part
from 70 ILCS 265/19, in part
from 70 ILCS 270/1-1
from 70 ILCS 270/1-2, in part
from 70 ILCS 270/1-3, in part
from 70 ILCS 270/1-5
from 70 ILCS 270/1-10
from 70 ILCS 270/1-13
from 70 ILCS 270/1-14
from 70 ILCS 270/1-15, in part
from 70 ILCS 270/1-16, in part
from 70 ILCS 270/3-2
from 70 ILCS 270/3-3, in part
from 70 ILCS 270/3-4, in part
from 70 ILCS 270/3-16, in part
from 70 ILCS 270/3-17, in part
from 70 ILCS 270/3-22
from 70 ILCS 270/3-27, in part
from 70 ILCS 275/3001
from 70 ILCS 275/3003, in part
from 70 ILCS 275/3004, in part
from 70 ILCS 275/3006
from 70 ILCS 275/3014, in part
from 70 ILCS 275/3015, in part
from 70 ILCS 275/3016, in part
from 70 ILCS 275/3018, in part
from 70 ILCS 275/3024
from 70 ILCS 280/1-2
from 70 ILCS 280/1-3, in part
from 70 ILCS 280/1-4, in part
from 70 ILCS 280/1-14, in part
from 70 ILCS 280/1-15, in part
from 70 ILCS 270/6-1
from 70 ILCS 270/6-2, in part
from 70 ILCS 270/6-3, in part
from 70 ILCS 270/6-10
from 70 ILCS 270/6-11
from 70 ILCS 270/6-12
from 70 ILCS 270/6-13
from 70 ILCS 270/6-14
from 70 ILCS 270/6-15, in part
from 70 ILCS 270/6-16, in part
from 70 ILCS 270/6-27
from 70 ILCS 285/1
from 70 ILCS 285/2, in part
from 70 ILCS 285/3, in part
from 70 ILCS 285/4
from 70 ILCS 285/5
from 70 ILCS 285/10
from 70 ILCS 285/13, in part
from 70 ILCS 285/14, in part
from 70 ILCS 285/16
from 70 ILCS 285/17, in part
from 70 ILCS 285/23
from 70 ILCS 325/6-2
from 70 ILCS 325/6-3, in part
from 70 ILCS 325/6-4, in part
from 70 ILCS 325/6-14, in part
from 70 ILCS 325/6-15, in part
from 70 ILCS 325/6-16, in part
from 70 ILCS 325/6-26
from 70 ILCS 220/4-2
from 70 ILCS 220/4-3, in part
from 70 ILCS 220/4-4, in part
from 70 ILCS 220/4-11
from 70 ILCS 220/4-14, in part
from 70 ILCS 220/4-15, in part
from 70 ILCS 220/4-16, in part
from 70 ILCS 220/4-25, in part
from 70 ILCS 280/1-2
from 70 ILCS 280/1-3, in part
from 70 ILCS 280/1-4, in part
from 70 ILCS 280/1-14, in part
from 70 ILCS 280/1-15, in part
from 70 ILCS 220/6-1
from 70 ILCS 220/6-2, in part
from 70 ILCS 220/6-3, in part
from 70 ILCS 220/6-5
from 70 ILCS 220/6-10
from 70 ILCS 220/6-11
from 70 ILCS 220/6-13
from 70 ILCS 220/6-14 from Ch. 85, par. 5014
from 70 ILCS 220/6-15, in part
from 70 ILCS 220/6-16, in part
from 70 ILCS 220/6-28
from 70 ILCS 220/9-2
from 70 ILCS 220/9-3, in part
from 70 ILCS 220/9-4, in part
from 70 ILCS 220/9-14, in part
from 70 ILCS 220/9-15, in part
from 70 ILCS 220/9-25, in part
from 70 ILCS 290/2
from 70 ILCS 290/3, in part
from 70 ILCS 290/4, in part
from 70 ILCS 290/5
from 70 ILCS 290/6
from 70 ILCS 290/9
from 70 ILCS 290/11
from 70 ILCS 290/12
from 70 ILCS 290/14
from 70 ILCS 290/15
from 70 ILCS 290/16
from 70 ILCS 290/17, in part
from 70 ILCS 290/18, in part
from 70 ILCS 290/19
from 70 ILCS 290/20
from 70 ILCS 290/22
from 70 ILCS 290/26
from 70 ILCS 290/28
from 70 ILCS 300/1
from 70 ILCS 300/5
from 70 ILCS 300/10, in part
from 70 ILCS 300/15, in part
from 70 ILCS 300/20
from 70 ILCS 300/25
from 70 ILCS 300/35
from 70 ILCS 300/50, in part
from 70 ILCS 300/55, in part
from 70 ILCS 300/60, in part
from 70 ILCS 300/100
from 70 ILCS 305/1-2
from 70 ILCS 305/1-3, in part
from 70 ILCS 305/1-4, in part
from 70 ILCS 305/1-14, in part
from 70 ILCS 305/1-15, in part
from 70 ILCS 305/1-16, in part
from 70 ILCS 305/1-25, in part
from 70 ILCS 220/3-2
from 70 ILCS 220/3-3, in part
from 70 ILCS 220/3-4, in part
from 70 ILCS 220/3-14, in part
from 70 ILCS 220/3-15, in part
from 70 ILCS 220/3-16, in part
from 70 ILCS 220/3-25, in part
from 70 ILCS 325/4-1
from 70 ILCS 325/4-2, in part
from 70 ILCS 325/4-3, in part
from 70 ILCS 325/4-5
from 70 ILCS 325/4-8
from 70 ILCS 325/4-10
from 70 ILCS 325/4-12
from 70 ILCS 325/4-13
from 70 ILCS 325/4-14
from 70 ILCS 325/4-15
from 70 ILCS 325/4-16
from 70 ILCS 325/4-17, in part
from 70 ILCS 325/4-18
from 70 ILCS 325/4-26
from 70 ILCS 325/4-28
from 70 ILCS 310/5-2
from 70 ILCS 310/5-3, in part
from 70 ILCS 310/5-4, in part
from 70 ILCS 310/5-11
from 70 ILCS 310/5-14, in part
from 70 ILCS 310/5-15, in part
from 70 ILCS 310/5-25, in part
from 70 ILCS 245/2-2
from 70 ILCS 245/2-3, in part
from 70 ILCS 245/2-4, in part
from 70 ILCS 245/2-14, in part
from 70 ILCS 245/2-15, in part
from 70 ILCS 245/2-16, in part
from 70 ILCS 245/2-25, in part
from 70 ILCS 205/1
from 70 ILCS 205/2, in part
from 70 ILCS 205/3, in part
from 70 ILCS 205/5
from 70 ILCS 205/7
from 70 ILCS 205/13
from 70 ILCS 205/14
from 70 ILCS 205/15, in part
from 70 ILCS 205/16, in part
from 70 ILCS 205/19
from 70 ILCS 205/25
from 70 ILCS 205/26, in part
from 70 ILCS 220/7-1
from 70 ILCS 220/7-2, in part
from 70 ILCS 220/7-3, in part
from 70 ILCS 220/7-11
from 70 ILCS 220/7-12
from 70 ILCS 220/7-13, in part
from 70 ILCS 220/7-14, in part
from 70 ILCS 220/7-25
from 70 ILCS 220/2-2
from 70 ILCS 220/2-3, in part
from 70 ILCS 220/2-4, in part
from 70 ILCS 220/2-14, in part
from 70 ILCS 220/2-15, in part
from 70 ILCS 220/2-16, in part
from 70 ILCS 220/2-25, in part
from 70 ILCS 220/10-1
from 70 ILCS 220/10-2, in part
from 70 ILCS 220/10-3, in part
from 70 ILCS 220/10-5
from 70 ILCS 220/10-10
from 70 ILCS 220/10-11
from 70 ILCS 220/10-13
from 70 ILCS 220/10-14
from 70 ILCS 220/10-15, in part
from 70 ILCS 220/10-16, in part
from 70 ILCS 220/10-28
from 70 ILCS 270/4-1
from 70 ILCS 270/4-2, in part
from 70 ILCS 270/4-3, in part
from 70 ILCS 270/4-11
from 70 ILCS 270/4-12
from 70 ILCS 270/4-13
from 70 ILCS 270/4-14
from 70 ILCS 270/4-15, in part
from 70 ILCS 270/4-16, in part
from 70 ILCS 270/4-23
from 70 ILCS 270/4-27
from 70 ILCS 325/5-2
from 70 ILCS 325/5-3, in part
from 70 ILCS 325/5-4, in part
from 70 ILCS 325/5-14, in part
from 70 ILCS 325/5-15, in part
from 70 ILCS 325/5-16, in part
from 70 ILCS 325/5-26
from 70 ILCS 320/2-1
from 70 ILCS 320/2-2, in part
from 70 ILCS 320/2-3, in part
from 70 ILCS 320/2-5
from 70 ILCS 320/2-11
from 70 ILCS 320/2-13
from 70 ILCS 320/2-14
from 70 ILCS 320/2-15, in part
from 70 ILCS 320/2-16, in part
from 70 ILCS 320/2-19
from 70 ILCS 320/2-25
from 70 ILCS 320/2-26, in part
from 70 ILCS 320/2-27
from 70 ILCS 315/1
from 70 ILCS 315/2, in part
from 70 ILCS 315/3, in part
from 70 ILCS 315/4
from 70 ILCS 315/5
from 70 ILCS 315/6
from 70 ILCS 315/8
from 70 ILCS 315/9
from 70 ILCS 315/10
from 70 ILCS 315/11
from 70 ILCS 315/12
from 70 ILCS 315/13
from 70 ILCS 315/14
from 70 ILCS 315/15
from 70 ILCS 315/16
from 70 ILCS 315/17
from 70 ILCS 315/19
from 70 ILCS 315/20
from 70 ILCS 315/21
from 70 ILCS 315/22
from 70 ILCS 315/23
from 70 ILCS 325/8-2
from 70 ILCS 325/8-3, in part
from 70 ILCS 325/8-4, in part
from 70 ILCS 325/8-14, in part
from 70 ILCS 325/8-15
from 70 ILCS 325/8-16
70 ILCS 325/8-25, in part
from 70 ILCS 320/1-1
from 70 ILCS 320/1-2, in part
from 70 ILCS 320/1-3, in part
from 70 ILCS 320/1-5
from 70 ILCS 320/1-11
from 70 ILCS 320/1-13
from 70 ILCS 320/1-14
from 70 ILCS 320/1-15, in part
from 70 ILCS 320/1-16
from 70 ILCS 320/1-17, in part
from 70 ILCS 320/1-19
from 70 ILCS 320/1-25
from 70 ILCS 320/1-26, in part
70 ILCS 280/2-2
from 70 ILCS 280/2-3, in part
from 70 ILCS 280/2-4, in part
from 70 ILCS 280/2-14, in part
from 70 ILCS 280/2-15, in part
from 70 ILCS 280/2-25, in part
from 70 ILCS 325/1-2
from 70 ILCS 325/1-3, in part
from 70 ILCS 325/1-4, in part
from 70 ILCS 325/1-14, in part
from 70 ILCS 325/1-15, in part
70 ILCS 325/1-16, in part
from 70 ILCS 325/1-25, in part
from 70 ILCS 330/2
from 70 ILCS 330/3, in part
from 70 ILCS 330/4, in part
from 70 ILCS 330/14, in part
from 70 ILCS 330/15
from 70 ILCS 330/17
from 70 ILCS 330/24, in part
from 70 ILCS 325/3-2
from 70 ILCS 325/3-3, in part
from 70 ILCS 325/3-4, in part
from 70 ILCS 325/3-14, in part
from 70 ILCS 325/3-15
from 70 ILCS 325/3-16
from 70 ILCS 325/3-17
from 70 ILCS 325/3-25
from 70 ILCS 340/1
from 70 ILCS 340/2, in part
from 70 ILCS 340/3, in part
from 70 ILCS 340/5
from 70 ILCS 340/9.1
from 70 ILCS 340/13
from 70 ILCS 340/14
from 70 ILCS 340/15, in part
from 70 ILCS 340/16, in part
from 70 ILCS 340/19
from 70 ILCS 340/21
from 70 ILCS 340/23a
from 70 ILCS 340/24
from 70 ILCS 340/25
from 70 ILCS 340/26, in part
from 70 ILCS 335/2
from 70 ILCS 335/3, in part
from 70 ILCS 335/4, in part
from 70 ILCS 335/14, in part
from 70 ILCS 335/15, in part
from 70 ILCS 335/16, in part
from 70 ILCS 335/25, in part
from 70 ILCS 220/8-1
from 70 ILCS 220/8-2, in part
from 70 ILCS 220/8-3, in part
from 70 ILCS 220/8-11
from 70 ILCS 220/8-12
from 70 ILCS 220/8-13, in part
from 70 ILCS 220/8-14, in part
from 70 ILCS 220/8-25
from 70 ILCS 345/1
from 70 ILCS 345/2, in part
from 70 ILCS 345/3, in part
from 70 ILCS 345/4
from 70 ILCS 345/5
from 70 ILCS 345/8
from 70 ILCS 345/10
from 70 ILCS 345/11
from 70 ILCS 345/13
from 70 ILCS 345/13(a)
from 70 ILCS 345/13(b)
from 70 ILCS 345/13(c)
from 70 ILCS 345/14, in part
from 70 ILCS 345/15(a)
from 70 ILCS 345/15(b)
from 70 ILCS 345/15(c)
from 70 ILCS 345/15(d)
from 70 ILCS 345/16
from 70 ILCS 345/17
from 70 ILCS 345/18
from 70 ILCS 345/20
from 70 ILCS 345/25, in part
from 70 ILCS 345/26
from 70 ILCS 345/28
from 70 ILCS 345/29
from 70 ILCS 345/30
from 70 ILCS 270/2-2
from 70 ILCS 270/2-3, in part
from 70 ILCS 270/2-4, in part
from 70 ILCS 270/2-16, in part
from 70 ILCS 270/2-17, in part
from 70 ILCS 270/2-22
from 70 ILCS 270/2-27, in part
from 70 ILCS 265/1.1
from 70 ILCS 265/1
from 70 ILCS 265/2, in part
from 70 ILCS 265/3, in part
from 70 ILCS 265/5
from 70 ILCS 265/11
from 70 ILCS 265/12
from 70 ILCS 265/13
from 70 ILCS 265/14
from 70 ILCS 265/15, in part
from 70 ILCS 265/16, in part
from 70 ILCS 265/19, in part
from 70 ILCS 325/7-2
from 70 ILCS 325/7-3, in part
from 70 ILCS 325/7-4, in part
from 70 ILCS 325/7-14, in part
from 70 ILCS 325/7-15
from 70 ILCS 325/7-16
from 70 ILCS 325/7-25, in part
from 70 ILCS 350/2
from 70 ILCS 350/3, in part
from 70 ILCS 350/4, in part
from 70 ILCS 350/14, in part
from 70 ILCS 350/15, in part
from 70 ILCS 350/16, in part
from 70 ILCS 350/25, in part
from 70 ILCS 290/2
from 70 ILCS 290/3, in part
from 70 ILCS 290/4, in part
from 70 ILCS 290/5
from 70 ILCS 290/6
from 70 ILCS 290/9
from 70 ILCS 290/11
from 70 ILCS 290/12
from 70 ILCS 290/14
from 70 ILCS 290/15
from 70 ILCS 290/16
from 70 ILCS 290/17, in part
from 70 ILCS 290/18, in part
from 70 ILCS 290/19
from 70 ILCS 290/20
from 70 ILCS 290/22
from 70 ILCS 290/26
from 70 ILCS 290/28
70 ILCS 205/Act rep.
70 ILCS 220/Act rep.
70 ILCS 225/Act rep.
70 ILCS 230/Act rep.
70 ILCS 235/Act rep.
70 ILCS 240/Act rep.
70 ILCS 245/Act rep.
70 ILCS 250/Act rep.
70 ILCS 255/Act rep.
70 ILCS 260/Act rep.
70 ILCS 265/Act rep.
70 ILCS 270/Act rep.
70 ILCS 275/Act rep.
70 ILCS 280/Act rep.
70 ILCS 285/Act rep.
70 ILCS 290/Act rep.
70 ILCS 300/Act rep.
70 ILCS 305/Act rep.
70 ILCS 310/Act rep.
70 ILCS 315/Act rep.
70 ILCS 320/Act rep.
70 ILCS 325/Act rep.
70 ILCS 330/Act rep.
70 ILCS 335/Act rep.
70 ILCS 340/Act rep.
70 ILCS 345/Act rep.
70 ILCS 350/Act rep.
70 ILCS 220/1-1 from Ch. 85, par. 4501
70 ILCS 220/1-2 from Ch. 85, par. 4502
70 ILCS 220/1-3 from Ch. 85, par. 4503
70 ILCS 220/1-4 from Ch. 85, par. 4504
70 ILCS 220/1-5 from Ch. 85, par. 4505
70 ILCS 220/1-6 from Ch. 85, par. 4506
70 ILCS 220/1-7 from Ch. 85, par. 4507
70 ILCS 220/1-8 from Ch. 85, par. 4508
70 ILCS 220/1-9 from Ch. 85, par. 4509
70 ILCS 220/1-10 from Ch. 85, par. 4510
70 ILCS 220/1-11 from Ch. 85, par. 4511
70 ILCS 220/1-12 from Ch. 85, par. 4512
70 ILCS 220/1-13 from Ch. 85, par. 4513
70 ILCS 220/1-14 from Ch. 85, par. 4514
70 ILCS 220/1-15 from Ch. 85, par. 4515
70 ILCS 220/1-16 from Ch. 85, par. 4516
70 ILCS 220/1-17 from Ch. 85, par. 4517
70 ILCS 220/1-18 from Ch. 85, par. 4518
70 ILCS 220/1-19 from Ch. 85, par. 4519
70 ILCS 220/1-20 from Ch. 85, par. 4520
70 ILCS 220/1-21 from Ch. 85, par. 4521
70 ILCS 220/1-22 from Ch. 85, par. 4522
70 ILCS 220/1-23 from Ch. 85, par. 4523
70 ILCS 220/1-24 from Ch. 85, par. 4524
70 ILCS 220/1-25 from Ch. 85, par. 4525
70 ILCS 220/1-26 from Ch. 85, par. 4526
70 ILCS 220/1-27 from Ch. 85, par. 4527
70 ILCS 220/1-28 from Ch. 85, par. 4528
70 ILCS 220/1-29 from Ch. 85, par. 4529
70 ILCS 225/1 from Ch. 85, par. 1401
70 ILCS 225/2 from Ch. 85, par. 1402
70 ILCS 225/3 from Ch. 85, par. 1403
70 ILCS 225/4 from Ch. 85, par. 1404
70 ILCS 225/5 from Ch. 85, par. 1405
70 ILCS 225/6 from Ch. 85, par. 1406
70 ILCS 225/6.1 from Ch. 85, par. 1406.1
70 ILCS 225/7 from Ch. 85, par. 1407
70 ILCS 225/8 from Ch. 85, par. 1408
70 ILCS 225/9 from Ch. 85, par. 1409
70 ILCS 225/10 from Ch. 85, par. 1410
70 ILCS 225/11 from Ch. 85, par. 1411
70 ILCS 225/12 from Ch. 85, par. 1412
70 ILCS 225/13 from Ch. 85, par. 1413
70 ILCS 225/14 from Ch. 85, par. 1414
70 ILCS 225/15 from Ch. 85, par. 1415
70 ILCS 225/16 from Ch. 85, par. 1416
70 ILCS 225/17 from Ch. 85, par. 1417
70 ILCS 225/18 from Ch. 85, par. 1418
70 ILCS 225/19 from Ch. 85, par. 1419
70 ILCS 225/20 from Ch. 85, par. 1420
70 ILCS 225/21 from Ch. 85, par. 1421
70 ILCS 225/22 from Ch. 85, par. 1422
70 ILCS 225/23 from Ch. 85, par. 1423
70 ILCS 225/24 from Ch. 85, par. 1424
70 ILCS 225/25 from Ch. 85, par. 1425
70 ILCS 225/26 from Ch. 85, par. 1426
70 ILCS 225/26a from Ch. 85, par. 1426a
70 ILCS 225/26b from Ch. 85, par. 1426b
70 ILCS 225/26c from Ch. 85, par. 1426c
70 ILCS 225/27 from Ch. 85, par. 1427
70 ILCS 225/28 from Ch. 85, par. 1428
70 ILCS 230/1-1 from Ch. 85, par. 6601
70 ILCS 230/1-2 from Ch. 85, par. 6602
70 ILCS 230/1-3 from Ch. 85, par. 6603
70 ILCS 230/1-4 from Ch. 85, par. 6604
70 ILCS 230/1-5 from Ch. 85, par. 6605
70 ILCS 230/1-6 from Ch. 85, par. 6606
70 ILCS 230/1-7 from Ch. 85, par. 6607
70 ILCS 230/1-8 from Ch. 85, par. 6608
70 ILCS 230/1-9 from Ch. 85, par. 6609
70 ILCS 230/1-10 from Ch. 85, par. 6610
70 ILCS 230/1-11 from Ch. 85, par. 6611
70 ILCS 230/1-12 from Ch. 85, par. 6612
70 ILCS 230/1-13 from Ch. 85, par. 6613
70 ILCS 230/1-14 from Ch. 85, par. 6614
70 ILCS 230/1-15 from Ch. 85, par. 6615
70 ILCS 230/1-16 from Ch. 85, par. 6616
70 ILCS 230/1-17 from Ch. 85, par. 6617
70 ILCS 230/1-18 from Ch. 85, par. 6618
70 ILCS 230/1-19 from Ch. 85, par. 6619
70 ILCS 230/1-20 from Ch. 85, par. 6620
70 ILCS 230/1-21 from Ch. 85, par. 6621
70 ILCS 230/1-22 from Ch. 85, par. 6622
70 ILCS 230/1-23 from Ch. 85, par. 6623
70 ILCS 230/1-24 from Ch. 85, par. 6624
70 ILCS 230/1-25 from Ch. 85, par. 6625
70 ILCS 230/1-26 from Ch. 85, par. 6626
70 ILCS 230/1-27 from Ch. 85, par. 6627
70 ILCS 230/1-28 from Ch. 85, par. 6628
70 ILCS 230/1-29 from Ch. 85, par. 6629
70 ILCS 230/1-30 from Ch. 85, par. 6630
70 ILCS 235/1 from Ch. 85, par. 1581-1
70 ILCS 235/2 from Ch. 85, par. 1581-2
70 ILCS 235/3 from Ch. 85, par. 1581-3
70 ILCS 235/4 from Ch. 85, par. 1581-4
70 ILCS 235/5 from Ch. 85, par. 1581-5
70 ILCS 235/6 from Ch. 85, par. 1581-6
70 ILCS 235/7 from Ch. 85, par. 1581-7
70 ILCS 235/7.1 from Ch. 85, par. 1581-7.1
70 ILCS 235/8 from Ch. 85, par. 1581-8
70 ILCS 235/9 from Ch. 85, par. 1581-9
70 ILCS 235/10 from Ch. 85, par. 1581-10
70 ILCS 235/11 from Ch. 85, par. 1581-11
70 ILCS 235/12 from Ch. 85, par. 1581-12
70 ILCS 235/13 from Ch. 85, par. 1581-13
70 ILCS 235/14 from Ch. 85, par. 1581-14
70 ILCS 235/15 from Ch. 85, par. 1581-15
70 ILCS 235/16 from Ch. 85, par. 1581-16
70 ILCS 235/17 from Ch. 85, par. 1581-17
70 ILCS 235/18 from Ch. 85, par. 1581-18
70 ILCS 235/19 from Ch. 85, par. 1581-19
70 ILCS 235/20 from Ch. 85, par. 1581-20
70 ILCS 235/21 from Ch. 85, par. 1581-21
70 ILCS 235/22 from Ch. 85, par. 1581-22
70 ILCS 235/23 from Ch. 85, par. 1581-23
70 ILCS 235/24 from Ch. 85, par. 1581-24
70 ILCS 235/25 from Ch. 85, par. 1581-25
70 ILCS 235/26 from Ch. 85, par. 1581-26
70 ILCS 235/27 from Ch. 85, par. 1581-27
70 ILCS 235/28 from Ch. 85, par. 1581-28
70 ILCS 235/29 from Ch. 85, par. 1581-29
70 ILCS 235/29a from Ch. 85, par. 1581-29a
70 ILCS 235/29b from Ch. 85, par. 1581-29b
70 ILCS 235/29c from Ch. 85, par. 1581-29c
70 ILCS 235/30 from Ch. 85, par. 1581-30
70 ILCS 260/1-1 from Ch. 85, par. 7551-1
70 ILCS 260/1-5 from Ch. 85, par. 7551-5
70 ILCS 260/1-10 from Ch. 85, par. 7551-10
70 ILCS 260/1-15 from Ch. 85, par. 7551-15
70 ILCS 260/1-20 from Ch. 85, par. 7551-20
70 ILCS 260/1-25 from Ch. 85, par. 7551-25
70 ILCS 260/1-30 from Ch. 85, par. 7551-30
70 ILCS 260/1-35 from Ch. 85, par. 7551-35
70 ILCS 260/1-40 from Ch. 85, par. 7551-40
70 ILCS 260/1-45 from Ch. 85, par. 7551-45
70 ILCS 260/1-50 from Ch. 85, par. 7551-50
70 ILCS 260/1-55 from Ch. 85, par. 7551-55
70 ILCS 260/1-60 from Ch. 85, par. 7551-60
70 ILCS 260/1-65 from Ch. 85, par. 7551-65
70 ILCS 260/1-70 from Ch. 85, par. 7551-70
70 ILCS 260/1-75 from Ch. 85, par. 7551-75
70 ILCS 260/1-80 from Ch. 85, par. 7551-80
70 ILCS 260/1-85 from Ch. 85, par. 7551-85
70 ILCS 260/1-90 from Ch. 85, par. 7551-90
70 ILCS 260/1-95 from Ch. 85, par. 7551-95
70 ILCS 260/1-100 from Ch. 85, par. 7551-100
70 ILCS 260/1-105 from Ch. 85, par. 7551-105
70 ILCS 260/1-110 from Ch. 85, par. 7551-110
70 ILCS 260/1-115 from Ch. 85, par. 7551-115
70 ILCS 260/1-120 from Ch. 85, par. 7551-120
70 ILCS 260/1-125 from Ch. 85, par. 7551-125
70 ILCS 260/1-130 from Ch. 85, par. 7551-130
70 ILCS 260/1-135 from Ch. 85, par. 7551-135
70 ILCS 260/1-140 from Ch. 85, par. 7551-140
70 ILCS 260/1-145 from Ch. 85, par. 7551-145
70 ILCS 260/1-150 from Ch. 85, par. 7551-150
70 ILCS 305/3-1 from Ch. 85, par. 6351
70 ILCS 305/3-2 from Ch. 85, par. 6352
70 ILCS 305/3-3 from Ch. 85, par. 6353
70 ILCS 305/3-4 from Ch. 85, par. 6354
70 ILCS 305/3-5 from Ch. 85, par. 6355
70 ILCS 305/3-6 from Ch. 85, par. 6356
70 ILCS 305/3-7 from Ch. 85, par. 6357
70 ILCS 305/3-8 from Ch. 85, par. 6358
70 ILCS 305/3-9 from Ch. 85, par. 6359
70 ILCS 305/3-10 from Ch. 85, par. 6360
70 ILCS 305/3-11 from Ch. 85, par. 6361
70 ILCS 305/3-12 from Ch. 85, par. 6362
70 ILCS 305/3-13 from Ch. 85, par. 6363
70 ILCS 305/3-14 from Ch. 85, par. 6364
70 ILCS 305/3-15 from Ch. 85, par. 6365
70 ILCS 305/3-16 from Ch. 85, par. 6366
70 ILCS 305/3-17 from Ch. 85, par. 6367
70 ILCS 305/3-18 from Ch. 85, par. 6368
70 ILCS 305/3-19 from Ch. 85, par. 6369
70 ILCS 305/3-20 from Ch. 85, par. 6370
70 ILCS 305/3-21 from Ch. 85, par. 6371
70 ILCS 305/3-22 from Ch. 85, par. 6372
70 ILCS 305/3-23 from Ch. 85, par. 6373
70 ILCS 305/3-24 from Ch. 85, par. 6374
70 ILCS 305/3-25 from Ch. 85, par. 6375
70 ILCS 305/3-26 from Ch. 85, par. 6376
70 ILCS 305/3-27 from Ch. 85, par. 6377
70 ILCS 305/3-28 from Ch. 85, par. 6378
70 ILCS 305/3-29 from Ch. 85, par. 6379
70 ILCS 220/5-1 from Ch. 85, par. 4901
70 ILCS 220/5-2 from Ch. 85, par. 4902
70 ILCS 220/5-3 from Ch. 85, par. 4903
70 ILCS 220/5-4 from Ch. 85, par. 4904
70 ILCS 220/5-5 from Ch. 85, par. 4905
70 ILCS 220/5-6 from Ch. 85, par. 4906
70 ILCS 220/5-7 from Ch. 85, par. 4907
70 ILCS 220/5-8 from Ch. 85, par. 4908
70 ILCS 220/5-9 from Ch. 85, par. 4909
70 ILCS 220/5-10 from Ch. 85, par. 4910
70 ILCS 220/5-11 from Ch. 85, par. 4911
70 ILCS 220/5-12 from Ch. 85, par. 4912
70 ILCS 220/5-13 from Ch. 85, par. 4913
70 ILCS 220/5-14 from Ch. 85, par. 4914
70 ILCS 220/5-15 from Ch. 85, par. 4915
70 ILCS 220/5-16 from Ch. 85, par. 4916
70 ILCS 220/5-17 from Ch. 85, par. 4917
70 ILCS 220/5-18 from Ch. 85, par. 4918
70 ILCS 220/5-19 from Ch. 85, par. 4919
70 ILCS 220/5-20 from Ch. 85, par. 4920
70 ILCS 220/5-21 from Ch. 85, par. 4921
70 ILCS 220/5-22 from Ch. 85, par. 4922
70 ILCS 220/5-23 from Ch. 85, par. 4923
70 ILCS 220/5-24 from Ch. 85, par. 4924
70 ILCS 220/5-25 from Ch. 85, par. 4925
70 ILCS 220/5-26 from Ch. 85, par. 4926
70 ILCS 220/5-27 from Ch. 85, par. 4927
70 ILCS 220/5-28 from Ch. 85, par. 4928
70 ILCS 220/5-29 from Ch. 85, par. 4929
70 ILCS 325/2-1 from Ch. 85, par. 7002-1
70 ILCS 325/2-2 from Ch. 85, par. 7002-2
70 ILCS 325/2-3 from Ch. 85, par. 7002-3
70 ILCS 325/2-4 from Ch. 85, par. 7002-4
70 ILCS 325/2-5 from Ch. 85, par. 7002-5
70 ILCS 325/2-6 from Ch. 85, par. 7002-6
70 ILCS 325/2-7 from Ch. 85, par. 7002-7
70 ILCS 325/2-8 from Ch. 85, par. 7002-8
70 ILCS 325/2-9 from Ch. 85, par. 7002-9
70 ILCS 325/2-10 from Ch. 85, par. 7002-10
70 ILCS 325/2-11 from Ch. 85, par. 7002-11
70 ILCS 325/2-12 from Ch. 85, par. 7002-12
70 ILCS 325/2-13 from Ch. 85, par. 7002-13
70 ILCS 325/2-14 from Ch. 85, par. 7002-14
70 ILCS 325/2-15 from Ch. 85, par. 7002-15
70 ILCS 325/2-16 from Ch. 85, par. 7002-16
70 ILCS 325/2-17 from Ch. 85, par. 7002-17
70 ILCS 325/2-18 from Ch. 85, par. 7002-18
70 ILCS 325/2-19 from Ch. 85, par. 7002-19
70 ILCS 325/2-20 from Ch. 85, par. 7002-20
70 ILCS 325/2-21 from Ch. 85, par. 7002-21
70 ILCS 325/2-22 from Ch. 85, par. 7002-22
70 ILCS 325/2-23 from Ch. 85, par. 7002-23
70 ILCS 325/2-24 from Ch. 85, par. 7002-24
70 ILCS 325/2-25 from Ch. 85, par. 7002-25
70 ILCS 325/2-26 from Ch. 85, par. 7002-26
70 ILCS 325/2-27 from Ch. 85, par. 7002-27
70 ILCS 325/2-28 from Ch. 85, par. 7002-28
70 ILCS 325/2-29 from Ch. 85, par. 7002-29
70 ILCS 325/2-30 from Ch. 85, par. 7002-30
70 ILCS 240/1001 from Ch. 85, par. 7301
70 ILCS 240/1002 from Ch. 85, par. 7302
70 ILCS 240/1003 from Ch. 85, par. 7303
70 ILCS 240/1004 from Ch. 85, par. 7304
70 ILCS 240/1005 from Ch. 85, par. 7305
70 ILCS 240/1006 from Ch. 85, par. 7306
70 ILCS 240/1007 from Ch. 85, par. 7307
70 ILCS 240/1008 from Ch. 85, par. 7308
70 ILCS 240/1009 from Ch. 85, par. 7309
70 ILCS 240/1010 from Ch. 85, par. 7310
70 ILCS 240/1011 from Ch. 85, par. 7311
70 ILCS 240/1012 from Ch. 85, par. 7312
70 ILCS 240/1013 from Ch. 85, par. 7313
70 ILCS 240/1014 from Ch. 85, par. 7314
70 ILCS 240/1015 from Ch. 85, par. 7315
70 ILCS 240/1016 from Ch. 85, par. 7316
70 ILCS 240/1017 from Ch. 85, par. 7317
70 ILCS 240/1018 from Ch. 85, par. 7318
70 ILCS 240/1019 from Ch. 85, par. 7319
70 ILCS 240/1020 from Ch. 85, par. 7320
70 ILCS 240/1021 from Ch. 85, par. 7321
70 ILCS 240/1022 from Ch. 85, par. 7322
70 ILCS 240/1023 from Ch. 85, par. 7323
70 ILCS 240/1024 from Ch. 85, par. 7324
70 ILCS 240/1025 from Ch. 85, par. 7325
70 ILCS 240/1026 from Ch. 85, par. 7326
70 ILCS 240/1027 from Ch. 85, par. 7327
70 ILCS 240/1028 from Ch. 85, par. 7328
70 ILCS 240/1029 from Ch. 85, par. 7329
70 ILCS 240/1030 from Ch. 85, par. 7330
70 ILCS 270/5-1 from Ch. 85, par. 3801
70 ILCS 270/5-2 from Ch. 85, par. 3802
70 ILCS 270/5-3 from Ch. 85, par. 3803
70 ILCS 270/5-4 from Ch. 85, par. 3804
70 ILCS 270/5-5 from Ch. 85, par. 3805
70 ILCS 270/5-6 from Ch. 85, par. 3806
70 ILCS 270/5-6.1 from Ch. 85, par. 3806.1
70 ILCS 270/5-7 from Ch. 85, par. 3807
70 ILCS 270/5-8 from Ch. 85, par. 3808
70 ILCS 270/5-9 from Ch. 85, par. 3809
70 ILCS 270/5-10 from Ch. 85, par. 3810
70 ILCS 270/5-11 from Ch. 85, par. 3811
70 ILCS 270/5-12 from Ch. 85, par. 3812
70 ILCS 270/5-13 from Ch. 85, par. 3813
70 ILCS 270/5-14 from Ch. 85, par. 3814
70 ILCS 270/5-15 from Ch. 85, par. 3815
70 ILCS 270/5-16 from Ch. 85, par. 3816
70 ILCS 270/5-17 from Ch. 85, par. 3817
70 ILCS 270/5-18 from Ch. 85, par. 3818
70 ILCS 270/5-19 from Ch. 85, par. 3819
70 ILCS 270/5-20 from Ch. 85, par. 3820
70 ILCS 270/5-21 from Ch. 85, par. 3821
70 ILCS 270/5-22 from Ch. 85, par. 3822
70 ILCS 270/5-23 from Ch. 85, par. 3823
70 ILCS 270/5-24 from Ch. 85, par. 3824
70 ILCS 270/5-25 from Ch. 85, par. 3825
70 ILCS 270/5-26 from Ch. 85, par. 3826
70 ILCS 270/5-27 from Ch. 85, par. 3827
70 ILCS 270/5-28 from Ch. 85, par. 3828
70 ILCS 245/1-1 from Ch. 85, par. 6701-1
70 ILCS 245/1-2 from Ch. 85, par. 6701-2
70 ILCS 245/1-3 from Ch. 85, par. 6701-3
70 ILCS 245/1-4 from Ch. 85, par. 6701-4
70 ILCS 245/1-5 from Ch. 85, par. 6701-5
70 ILCS 245/1-6 from Ch. 85, par. 6701-6
70 ILCS 245/1-7 from Ch. 85, par. 6701-7
70 ILCS 245/1-8 from Ch. 85, par. 6701-8
70 ILCS 245/1-9 from Ch. 85, par. 6701-9
70 ILCS 245/1-10 from Ch. 85, par. 6701-10
70 ILCS 245/1-11 from Ch. 85, par. 6701-11
70 ILCS 245/1-12 from Ch. 85, par. 6701-12
70 ILCS 245/1-13 from Ch. 85, par. 6701-13
70 ILCS 245/1-13.1 from Ch. 85, par. 6701-13.1
70 ILCS 245/1-14 from Ch. 85, par. 6701-14
70 ILCS 245/1-15 from Ch. 85, par. 6701-15
70 ILCS 245/1-16 from Ch. 85, par. 6701-16
70 ILCS 245/1-17 from Ch. 85, par. 6701-17
70 ILCS 245/1-18 from Ch. 85, par. 6701-18
70 ILCS 245/1-19 from Ch. 85, par. 6701-19
70 ILCS 245/1-20 from Ch. 85, par. 6701-20
70 ILCS 245/1-21 from Ch. 85, par. 6701-21
70 ILCS 245/1-22 from Ch. 85, par. 6701-22
70 ILCS 245/1-23 from Ch. 85, par. 6701-23
70 ILCS 245/1-24 from Ch. 85, par. 6701-24
70 ILCS 245/1-25 from Ch. 85, par. 6701-25
70 ILCS 245/1-26 from Ch. 85, par. 6701-26
70 ILCS 245/1-27 from Ch. 85, par. 6701-27
70 ILCS 245/1-28 from Ch. 85, par. 6701-28
70 ILCS 245/1-29 from Ch. 85, par. 6701-29
70 ILCS 245/1-30 from Ch. 85, par. 6701-30
70 ILCS 250/1 from Ch. 85, par. 3001
70 ILCS 250/2 from Ch. 85, par. 3002
70 ILCS 250/3 from Ch. 85, par. 3003
70 ILCS 250/4 from Ch. 85, par. 3004
70 ILCS 250/5 from Ch. 85, par. 3005
70 ILCS 250/6 from Ch. 85, par. 3006
70 ILCS 250/7 from Ch. 85, par. 3007
70 ILCS 250/7.1 from Ch. 85, par. 3007.1
70 ILCS 250/8 from Ch. 85, par. 3008
70 ILCS 250/9 from Ch. 85, par. 3009
70 ILCS 250/10 from Ch. 85, par. 3010
70 ILCS 250/11 from Ch. 85, par. 3011
70 ILCS 250/12 from Ch. 85, par. 3012
70 ILCS 250/13 from Ch. 85, par. 3013
70 ILCS 250/13.1 from Ch. 85, par. 3013.1
70 ILCS 250/14 from Ch. 85, par. 3014
70 ILCS 250/15 from Ch. 85, par. 3015
70 ILCS 250/16 from Ch. 85, par. 3016
70 ILCS 250/17 from Ch. 85, par. 3017
70 ILCS 250/18 from Ch. 85, par. 3018
70 ILCS 250/19 from Ch. 85, par. 3019
70 ILCS 250/20 from Ch. 85, par. 3020
70 ILCS 250/21 from Ch. 85, par. 3021
70 ILCS 250/22 from Ch. 85, par. 3022
70 ILCS 250/23 from Ch. 85, par. 3023
70 ILCS 250/24 from Ch. 85, par. 3024
70 ILCS 250/25 from Ch. 85, par. 3025
70 ILCS 250/26 from Ch. 85, par. 3026
70 ILCS 250/27 from Ch. 85, par. 3027
70 ILCS 250/28 from Ch. 85, par. 3028
70 ILCS 250/29 from Ch. 85, par. 3029
70 ILCS 255/2001 from Ch. 85, par. 7351
70 ILCS 255/2002 from Ch. 85, par. 7352
70 ILCS 255/2003 from Ch. 85, par. 7353
70 ILCS 255/2004 from Ch. 85, par. 7354
70 ILCS 255/2005 from Ch. 85, par. 7355
70 ILCS 255/2006 from Ch. 85, par. 7356
70 ILCS 255/2007 from Ch. 85, par. 7357
70 ILCS 255/2008 from Ch. 85, par. 7358
70 ILCS 255/2009 from Ch. 85, par. 7359
70 ILCS 255/2010 from Ch. 85, par. 7360
70 ILCS 255/2011 from Ch. 85, par. 7361
70 ILCS 255/2012 from Ch. 85, par. 7362
70 ILCS 255/2013 from Ch. 85, par. 7363
70 ILCS 255/2014 from Ch. 85, par. 7364
70 ILCS 255/2015 from Ch. 85, par. 7365
70 ILCS 255/2016 from Ch. 85, par. 7366
70 ILCS 255/2017 from Ch. 85, par. 7367
70 ILCS 255/2018 from Ch. 85, par. 7368
70 ILCS 255/2019 from Ch. 85, par. 7369
70 ILCS 255/2020 from Ch. 85, par. 7370
70 ILCS 255/2021 from Ch. 85, par. 7371
70 ILCS 255/2022 from Ch. 85, par. 7372
70 ILCS 255/2023 from Ch. 85, par. 7373
70 ILCS 255/2024 from Ch. 85, par. 7374
70 ILCS 255/2025 from Ch. 85, par. 7375
70 ILCS 255/2026 from Ch. 85, par. 7376
70 ILCS 255/2027 from Ch. 85, par. 7377
70 ILCS 255/2028 from Ch. 85, par. 7378
70 ILCS 255/2029 from Ch. 85, par. 7379
70 ILCS 255/2030 from Ch. 85, par. 7380
70 ILCS 305/2-1 from Ch. 85, par. 6301
70 ILCS 305/2-2 from Ch. 85, par. 6302
70 ILCS 305/2-3 from Ch. 85, par. 6303
70 ILCS 305/2-4 from Ch. 85, par. 6304
70 ILCS 305/2-5 from Ch. 85, par. 6305
70 ILCS 305/2-6 from Ch. 85, par. 6306
70 ILCS 305/2-7 from Ch. 85, par. 6307
70 ILCS 305/2-8 from Ch. 85, par. 6308
70 ILCS 305/2-9 from Ch. 85, par. 6309
70 ILCS 305/2-10 from Ch. 85, par. 6310
70 ILCS 305/2-11 from Ch. 85, par. 6311
70 ILCS 305/2-12 from Ch. 85, par. 6312
70 ILCS 305/2-13 from Ch. 85, par. 6313
70 ILCS 305/2-14 from Ch. 85, par. 6314
70 ILCS 305/2-15 from Ch. 85, par. 6315
70 ILCS 305/2-16 from Ch. 85, par. 6316
70 ILCS 305/2-17 from Ch. 85, par. 6317
70 ILCS 305/2-18 from Ch. 85, par. 6318
70 ILCS 305/2-19 from Ch. 85, par. 6319
70 ILCS 305/2-20 from Ch. 85, par. 6320
70 ILCS 305/2-21 from Ch. 85, par. 6321
70 ILCS 305/2-22 from Ch. 85, par. 6322
70 ILCS 305/2-23 from Ch. 85, par. 6323
70 ILCS 305/2-24 from Ch. 85, par. 6324
70 ILCS 305/2-25 from Ch. 85, par. 6325
70 ILCS 305/2-26 from Ch. 85, par. 6326
70 ILCS 305/2-27 from Ch. 85, par. 6327
70 ILCS 305/2-28 from Ch. 85, par. 6328
70 ILCS 305/2-29 from Ch. 85, par. 6329
70 ILCS 305/2-30 from Ch. 85, par. 6330
70 ILCS 265/1 from Ch. 85, par. 1551
70 ILCS 265/1.1 from Ch. 85, par. 1551.1
70 ILCS 265/2 from Ch. 85, par. 1552
70 ILCS 265/3 from Ch. 85, par. 1553
70 ILCS 265/4 from Ch. 85, par. 1554
70 ILCS 265/5 from Ch. 85, par. 1555
70 ILCS 265/6 from Ch. 85, par. 1556
70 ILCS 265/6.1 from Ch. 85, par. 1556.1
70 ILCS 265/7 from Ch. 85, par. 1557
70 ILCS 265/8 from Ch. 85, par. 1558
70 ILCS 265/9 from Ch. 85, par. 1559
70 ILCS 265/10 from Ch. 85, par. 1560
70 ILCS 265/11 from Ch. 85, par. 1561
70 ILCS 265/12 from Ch. 85, par. 1562
70 ILCS 265/13 from Ch. 85, par. 1563
70 ILCS 265/14 from Ch. 85, par. 1564
70 ILCS 265/15 from Ch. 85, par. 1565
70 ILCS 265/16 from Ch. 85, par. 1566
70 ILCS 265/17 from Ch. 85, par. 1567
70 ILCS 265/18 from Ch. 85, par. 1568
70 ILCS 265/19 from Ch. 85, par. 1569
70 ILCS 265/20 from Ch. 85, par. 1570
70 ILCS 265/21 from Ch. 85, par. 1571
70 ILCS 265/22 from Ch. 85, par. 1572
70 ILCS 265/23 from Ch. 85, par. 1573
70 ILCS 265/24 from Ch. 85, par. 1574
70 ILCS 265/25 from Ch. 85, par. 1575
70 ILCS 265/26 from Ch. 85, par. 1576
70 ILCS 265/26a from Ch. 85, par. 1576a
70 ILCS 265/26b from Ch. 85, par. 1576b
70 ILCS 265/26c from Ch. 85, par. 1576c
70 ILCS 265/27 from Ch. 85, par. 1577
70 ILCS 265/28 from Ch. 85, par. 1578
70 ILCS 270/1-1 from Ch. 85, par. 3401
70 ILCS 270/1-2 from Ch. 85, par. 3402
70 ILCS 270/1-3 from Ch. 85, par. 3403
70 ILCS 270/1-4 from Ch. 85, par. 3404
70 ILCS 270/1-5 from Ch. 85, par. 3405
70 ILCS 270/1-6 from Ch. 85, par. 3406
70 ILCS 270/1-6.1 from Ch. 85, par. 3406.1
70 ILCS 270/1-7 from Ch. 85, par. 3407
70 ILCS 270/1-8 from Ch. 85, par. 3408
70 ILCS 270/1-9 from Ch. 85, par. 3409
70 ILCS 270/1-10 from Ch. 85, par. 3410
70 ILCS 270/1-11 from Ch. 85, par. 3411
70 ILCS 270/1-12 from Ch. 85, par. 3412
70 ILCS 270/1-13 from Ch. 85, par. 3413
70 ILCS 270/1-14 from Ch. 85, par. 3414
70 ILCS 270/1-15 from Ch. 85, par. 3415
70 ILCS 270/1-16 from Ch. 85, par. 3416
70 ILCS 270/1-17 from Ch. 85, par. 3417
70 ILCS 270/1-18 from Ch. 85, par. 3418
70 ILCS 270/1-19 from Ch. 85, par. 3419
70 ILCS 270/1-20 from Ch. 85, par. 3420
70 ILCS 270/1-21 from Ch. 85, par. 3421
70 ILCS 270/1-22 from Ch. 85, par. 3422
70 ILCS 270/1-23 from Ch. 85, par. 3423
70 ILCS 270/1-24 from Ch. 85, par. 3424
70 ILCS 270/1-25 from Ch. 85, par. 3425
70 ILCS 270/1-26 from Ch. 85, par. 3426
70 ILCS 270/1-27 from Ch. 85, par. 3427
70 ILCS 270/1-28 from Ch. 85, par. 3428
70 ILCS 270/1-29 from Ch. 85, par. 3429
70 ILCS 270/1-30 from Ch. 85, par. 3430
70 ILCS 270/3-1 from Ch. 85, par. 3601
70 ILCS 270/3-2 from Ch. 85, par. 3602
70 ILCS 270/3-3 from Ch. 85, par. 3603
70 ILCS 270/3-4 from Ch. 85, par. 3604
70 ILCS 270/3-5 from Ch. 85, par. 3605
70 ILCS 270/3-6 from Ch. 85, par. 3606
70 ILCS 270/3-7 from Ch. 85, par. 3607
70 ILCS 270/3-7.1 from Ch. 85, par. 3607.1
70 ILCS 270/3-8 from Ch. 85, par. 3608
70 ILCS 270/3-9 from Ch. 85, par. 3609
70 ILCS 270/3-10 from Ch. 85, par. 3610
70 ILCS 270/3-11 from Ch. 85, par. 3611
70 ILCS 270/3-12 from Ch. 85, par. 3612
70 ILCS 270/3-13 from Ch. 85, par. 3613
70 ILCS 270/3-14 from Ch. 85, par. 3614
70 ILCS 270/3-15 from Ch. 85, par. 3615
70 ILCS 270/3-16 from Ch. 85, par. 3616
70 ILCS 270/3-17 from Ch. 85, par. 3617
70 ILCS 270/3-18 from Ch. 85, par. 3618
70 ILCS 270/3-19 from Ch. 85, par. 3619
70 ILCS 270/3-20 from Ch. 85, par. 3620
70 ILCS 270/3-21 from Ch. 85, par. 3621
70 ILCS 270/3-22 from Ch. 85, par. 3622
70 ILCS 270/3-23 from Ch. 85, par. 3623
70 ILCS 270/3-24 from Ch. 85, par. 3624
70 ILCS 270/3-25 from Ch. 85, par. 3625
70 ILCS 270/3-26 from Ch. 85, par. 3626
70 ILCS 270/3-27 from Ch. 85, par. 3627
70 ILCS 270/3-28 from Ch. 85, par. 3628
70 ILCS 270/3-29 from Ch. 85, par. 3629
70 ILCS 270/3-30 from Ch. 85, par. 3630
70 ILCS 270/3-31 from Ch. 85, par. 3631
70 ILCS 275/3001 from Ch. 85, par. 7401
70 ILCS 275/3002 from Ch. 85, par. 7402
70 ILCS 275/3003 from Ch. 85, par. 7403
70 ILCS 275/3004 from Ch. 85, par. 7404
70 ILCS 275/3005 from Ch. 85, par. 7405
70 ILCS 275/3006 from Ch. 85, par. 7406
70 ILCS 275/3007 from Ch. 85, par. 7407
70 ILCS 275/3008 from Ch. 85, par. 7408
70 ILCS 275/3009 from Ch. 85, par. 7409
70 ILCS 275/3010 from Ch. 85, par. 7410
70 ILCS 275/3011 from Ch. 85, par. 7411
70 ILCS 275/3012 from Ch. 85, par. 7412
70 ILCS 275/3013 from Ch. 85, par. 7413
70 ILCS 275/3014 from Ch. 85, par. 7414
70 ILCS 275/3015 from Ch. 85, par. 7415
70 ILCS 275/3016 from Ch. 85, par. 7416
70 ILCS 275/3017 from Ch. 85, par. 7417
70 ILCS 275/3018 from Ch. 85, par. 7418
70 ILCS 275/3019 from Ch. 85, par. 7419
70 ILCS 275/3020 from Ch. 85, par. 7420
70 ILCS 275/3021 from Ch. 85, par. 7421
70 ILCS 275/3022 from Ch. 85, par. 7422
70 ILCS 275/3023 from Ch. 85, par. 7423
70 ILCS 275/3024 from Ch. 85, par. 7424
70 ILCS 275/3025 from Ch. 85, par. 7425
70 ILCS 275/3026 from Ch. 85, par. 7426
70 ILCS 275/3027 from Ch. 85, par. 7427
70 ILCS 275/3028 from Ch. 85, par. 7428
70 ILCS 275/3029 from Ch. 85, par. 7429
70 ILCS 275/3030 from Ch. 85, par. 7430
70 ILCS 280/1-1 from Ch. 85, par. 2701
70 ILCS 280/1-2 from Ch. 85, par. 2702
70 ILCS 280/1-3 from Ch. 85, par. 2703
70 ILCS 280/1-4 from Ch. 85, par. 2704
70 ILCS 280/1-5 from Ch. 85, par. 2705
70 ILCS 280/1-6 from Ch. 85, par. 2706
70 ILCS 280/1-7 from Ch. 85, par. 2707
70 ILCS 280/1-7.1 from Ch. 85, par. 2707.1
70 ILCS 280/1-8 from Ch. 85, par. 2708
70 ILCS 280/1-9 from Ch. 85, par. 2709
70 ILCS 280/1-10 from Ch. 85, par. 2710
70 ILCS 280/1-11 from Ch. 85, par. 2711
70 ILCS 280/1-12 from Ch. 85, par. 2712
70 ILCS 280/1-13 from Ch. 85, par. 2713
70 ILCS 280/1-14 from Ch. 85, par. 2714
70 ILCS 280/1-15 from Ch. 85, par. 2715
70 ILCS 280/1-16 from Ch. 85, par. 2716
70 ILCS 280/1-17 from Ch. 85, par. 2717
70 ILCS 280/1-18 from Ch. 85, par. 2718
70 ILCS 280/1-19 from Ch. 85, par. 2719
70 ILCS 280/1-20 from Ch. 85, par. 2720
70 ILCS 280/1-21 from Ch. 85, par. 2721
70 ILCS 280/1-22 from Ch. 85, par. 2722
70 ILCS 280/1-23 from Ch. 85, par. 2723
70 ILCS 280/1-24 from Ch. 85, par. 2724
70 ILCS 280/1-25 from Ch. 85, par. 2725
70 ILCS 280/1-26 from Ch. 85, par. 2726
70 ILCS 280/1-27 from Ch. 85, par. 2727
70 ILCS 280/1-28 from Ch. 85, par. 2728
70 ILCS 280/1-29 from Ch. 85, par. 2729
70 ILCS 270/6-1 from Ch. 85, par. 3901
70 ILCS 270/6-2 from Ch. 85, par. 3902
70 ILCS 270/6-3 from Ch. 85, par. 3903
70 ILCS 270/6-4 from Ch. 85, par. 3904
70 ILCS 270/6-5 from Ch. 85, par. 3905
70 ILCS 270/6-6 from Ch. 85, par. 3906
70 ILCS 270/6-6.1 from Ch. 85, par. 3906.1
70 ILCS 270/6-7 from Ch. 85, par. 3907
70 ILCS 270/6-8 from Ch. 85, par. 3908
70 ILCS 270/6-9 from Ch. 85, par. 3909
70 ILCS 270/6-10 from Ch. 85, par. 3910
70 ILCS 270/6-11 from Ch. 85, par. 3911
70 ILCS 270/6-12 from Ch. 85, par. 3912
70 ILCS 270/6-13 from Ch. 85, par. 3913
70 ILCS 270/6-14 from Ch. 85, par. 3914
70 ILCS 270/6-15 from Ch. 85, par. 3915
70 ILCS 270/6-16 from Ch. 85, par. 3916
70 ILCS 270/6-17 from Ch. 85, par. 3917
70 ILCS 270/6-18 from Ch. 85, par. 3918
70 ILCS 270/6-19 from Ch. 85, par. 3919
70 ILCS 270/6-20 from Ch. 85, par. 3920
70 ILCS 270/6-21 from Ch. 85, par. 3921
70 ILCS 270/6-22 from Ch. 85, par. 3922
70 ILCS 270/6-23 from Ch. 85, par. 3923
70 ILCS 270/6-24 from Ch. 85, par. 3924
70 ILCS 270/6-25 from Ch. 85, par. 3925
70 ILCS 270/6-26 from Ch. 85, par. 3926
70 ILCS 270/6-27 from Ch. 85, par. 3927
70 ILCS 270/6-28 from Ch. 85, par. 3928
70 ILCS 270/6-29 from Ch. 85, par. 3929
70 ILCS 270/6-30 from Ch. 85, par. 3930
70 ILCS 285/1 from Ch. 85, par. 2601
70 ILCS 285/2 from Ch. 85, par. 2602
70 ILCS 285/3 from Ch. 85, par. 2603
70 ILCS 285/4 from Ch. 85, par. 2604
70 ILCS 285/5 from Ch. 85, par. 2605
70 ILCS 285/6 from Ch. 85, par. 2606
70 ILCS 285/6.1 from Ch. 85, par. 2606.1
70 ILCS 285/7 from Ch. 85, par. 2607
70 ILCS 285/8 from Ch. 85, par. 2608
70 ILCS 285/9 from Ch. 85, par. 2609
70 ILCS 285/10 from Ch. 85, par. 2610
70 ILCS 285/11 from Ch. 85, par. 2611
70 ILCS 285/12 from Ch. 85, par. 2612
70 ILCS 285/13 from Ch. 85, par. 2613
70 ILCS 285/14 from Ch. 85, par. 2614
70 ILCS 285/15 from Ch. 85, par. 2615
70 ILCS 285/16 from Ch. 85, par. 2616
70 ILCS 285/17 from Ch. 85, par. 2617
70 ILCS 285/18 from Ch. 85, par. 2618
70 ILCS 285/19 from Ch. 85, par. 2619
70 ILCS 285/20 from Ch. 85, par. 2620
70 ILCS 285/21 from Ch. 85, par. 2621
70 ILCS 285/22 from Ch. 85, par. 2622
70 ILCS 285/23 from Ch. 85, par. 2623
70 ILCS 285/24 from Ch. 85, par. 2624
70 ILCS 285/25 from Ch. 85, par. 2625
70 ILCS 285/25.1 from Ch. 85, par. 2625.1
70 ILCS 285/25.2 from Ch. 85, par. 2625.2
70 ILCS 285/26 from Ch. 85, par. 2626
70 ILCS 325/6-1 from Ch. 85, par. 7006-1
70 ILCS 325/6-2 from Ch. 85, par. 7006-2
70 ILCS 325/6-3 from Ch. 85, par. 7006-3
70 ILCS 325/6-4 from Ch. 85, par. 7006-4
70 ILCS 325/6-5 from Ch. 85, par. 7006-5
70 ILCS 325/6-6 from Ch. 85, par. 7006-6
70 ILCS 325/6-7 from Ch. 85, par. 7006-7
70 ILCS 325/6-8 from Ch. 85, par. 7006-8
70 ILCS 325/6-9 from Ch. 85, par. 7006-9
70 ILCS 325/6-10 from Ch. 85, par. 7006-10
70 ILCS 325/6-11 from Ch. 85, par. 7006-11
70 ILCS 325/6-12 from Ch. 85, par. 7006-12
70 ILCS 325/6-13 from Ch. 85, par. 7006-13
70 ILCS 325/6-14 from Ch. 85, par. 7006-14
70 ILCS 325/6-15 from Ch. 85, par. 7006-15
70 ILCS 325/6-16 from Ch. 85, par. 7006-16
70 ILCS 325/6-17 from Ch. 85, par. 7006-17
70 ILCS 325/6-18 from Ch. 85, par. 7006-18
70 ILCS 325/6-19 from Ch. 85, par. 7006-19
70 ILCS 325/6-20 from Ch. 85, par. 7006-20
70 ILCS 325/6-21 from Ch. 85, par. 7006-21
70 ILCS 325/6-22 from Ch. 85, par. 7006-22
70 ILCS 325/6-23 from Ch. 85, par. 7006-23
70 ILCS 325/6-24 from Ch. 85, par. 7006-24
70 ILCS 325/6-25 from Ch. 85, par. 7006-25
70 ILCS 325/6-26 from Ch. 85, par. 7006-26
70 ILCS 325/6-27 from Ch. 85, par. 7006-27
70 ILCS 325/6-28 from Ch. 85, par. 7006-28
70 ILCS 325/6-29 from Ch. 85, par. 7006-29
70 ILCS 325/6-30 from Ch. 85, par. 7006-30
70 ILCS 220/4-1 from Ch. 85, par. 4801
70 ILCS 220/4-2 from Ch. 85, par. 4802
70 ILCS 220/4-3 from Ch. 85, par. 4803
70 ILCS 220/4-4 from Ch. 85, par. 4804
70 ILCS 220/4-5 from Ch. 85, par. 4805
70 ILCS 220/4-6 from Ch. 85, par. 4806
70 ILCS 220/4-7 from Ch. 85, par. 4807
70 ILCS 220/4-8 from Ch. 85, par. 4808
70 ILCS 220/4-9 from Ch. 85, par. 4809
70 ILCS 220/4-10 from Ch. 85, par. 4810
70 ILCS 220/4-11 from Ch. 85, par. 4811
70 ILCS 220/4-12 from Ch. 85, par. 4812
70 ILCS 220/4-13 from Ch. 85, par. 4813
70 ILCS 220/4-14 from Ch. 85, par. 4814
70 ILCS 220/4-15 from Ch. 85, par. 4815
70 ILCS 220/4-16 from Ch. 85, par. 4816
70 ILCS 220/4-17 from Ch. 85, par. 4817
70 ILCS 220/4-18 from Ch. 85, par. 4818
70 ILCS 220/4-19 from Ch. 85, par. 4819
70 ILCS 220/4-20 from Ch. 85, par. 4820
70 ILCS 220/4-21 from Ch. 85, par. 4821
70 ILCS 220/4-22 from Ch. 85, par. 4822
70 ILCS 220/4-23 from Ch. 85, par. 4823
70 ILCS 220/4-24 from Ch. 85, par. 4824
70 ILCS 220/4-25 from Ch. 85, par. 4825
70 ILCS 220/4-26 from Ch. 85, par. 4826
70 ILCS 220/4-27 from Ch. 85, par. 4827
70 ILCS 220/4-28 from Ch. 85, par. 4828
70 ILCS 220/4-29 from Ch. 85, par. 4829
70 ILCS 280/1-1 from Ch. 85, par. 2701
70 ILCS 280/1-2 from Ch. 85, par. 2702
70 ILCS 280/1-3 from Ch. 85, par. 2703
70 ILCS 280/1-4 from Ch. 85, par. 2704
70 ILCS 280/1-5 from Ch. 85, par. 2705
70 ILCS 280/1-6 from Ch. 85, par. 2706
70 ILCS 280/1-7 from Ch. 85, par. 2707
70 ILCS 280/1-7.1 from Ch. 85, par. 2707.1
70 ILCS 280/1-8 from Ch. 85, par. 2708
70 ILCS 280/1-9 from Ch. 85, par. 2709
70 ILCS 280/1-10 from Ch. 85, par. 2710
70 ILCS 280/1-11 from Ch. 85, par. 2711
70 ILCS 280/1-12 from Ch. 85, par. 2712
70 ILCS 280/1-13 from Ch. 85, par. 2713
70 ILCS 280/1-14 from Ch. 85, par. 2714
70 ILCS 280/1-15 from Ch. 85, par. 2715
70 ILCS 280/1-16 from Ch. 85, par. 2716
70 ILCS 280/1-17 from Ch. 85, par. 2717
70 ILCS 280/1-18 from Ch. 85, par. 2718
70 ILCS 280/1-19 from Ch. 85, par. 2719
70 ILCS 280/1-20 from Ch. 85, par. 2720
70 ILCS 280/1-21 from Ch. 85, par. 2721
70 ILCS 280/1-22 from Ch. 85, par. 2722
70 ILCS 280/1-23 from Ch. 85, par. 2723
70 ILCS 280/1-24 from Ch. 85, par. 2724
70 ILCS 280/1-25 from Ch. 85, par. 2725
70 ILCS 280/1-26 from Ch. 85, par. 2726
70 ILCS 280/1-27 from Ch. 85, par. 2727
70 ILCS 280/1-28 from Ch. 85, par. 2728
70 ILCS 280/1-29 from Ch. 85, par. 2729
70 ILCS 220/6-1 from Ch. 85, par. 5001
70 ILCS 220/6-2 from Ch. 85, par. 5002
70 ILCS 220/6-3 from Ch. 85, par. 5003
70 ILCS 220/6-4 from Ch. 85, par. 5004
70 ILCS 220/6-5 from Ch. 85, par. 5005
70 ILCS 220/6-6 from Ch. 85, par. 5006
70 ILCS 220/6-7 from Ch. 85, par. 5007
70 ILCS 220/6-8 from Ch. 85, par. 5008
70 ILCS 220/6-9 from Ch. 85, par. 5009
70 ILCS 220/6-10 from Ch. 85, par. 5010
70 ILCS 220/6-11 from Ch. 85, par. 5011
70 ILCS 220/6-12 from Ch. 85, par. 5012
70 ILCS 220/6-13 from Ch. 85, par. 5013
70 ILCS 220/6-14 from Ch. 85, par. 5014
70 ILCS 220/6-15 from Ch. 85, par. 5015
70 ILCS 220/6-16 from Ch. 85, par. 5016
70 ILCS 220/6-17 from Ch. 85, par. 5017
70 ILCS 220/6-18 from Ch. 85, par. 5018
70 ILCS 220/6-19 from Ch. 85, par. 5019
70 ILCS 220/6-20 from Ch. 85, par. 5020
70 ILCS 220/6-21 from Ch. 85, par. 5021
70 ILCS 220/6-22 from Ch. 85, par. 5022
70 ILCS 220/6-23 from Ch. 85, par. 5023
70 ILCS 220/6-24 from Ch. 85, par. 5024
70 ILCS 220/6-25 from Ch. 85, par. 5025
70 ILCS 220/6-26 from Ch. 85, par. 5026
70 ILCS 220/6-27 from Ch. 85, par. 5027
70 ILCS 220/6-28 from Ch. 85, par. 5028
70 ILCS 220/6-29 from Ch. 85, par. 5029
70 ILCS 220/6-30 from Ch. 85, par. 5030
70 ILCS 220/9-1 from Ch. 85, par. 5301
70 ILCS 220/9-2 from Ch. 85, par. 5302
70 ILCS 220/9-3 from Ch. 85, par. 5303
70 ILCS 220/9-4 from Ch. 85, par. 5304
70 ILCS 220/9-5 from Ch. 85, par. 5305
70 ILCS 220/9-6 from Ch. 85, par. 5306
70 ILCS 220/9-7 from Ch. 85, par. 5307
70 ILCS 220/9-8 from Ch. 85, par. 5308
70 ILCS 220/9-9 from Ch. 85, par. 5309
70 ILCS 220/9-10 from Ch. 85, par. 5310
70 ILCS 220/9-11 from Ch. 85, par. 5311
70 ILCS 220/9-12 from Ch. 85, par. 5312
70 ILCS 220/9-13 from Ch. 85, par. 5313
70 ILCS 220/9-14 from Ch. 85, par. 5314
70 ILCS 220/9-15 from Ch. 85, par. 5315
70 ILCS 220/9-16 from Ch. 85, par. 5316
70 ILCS 220/9-17 from Ch. 85, par. 5317
70 ILCS 220/9-18 from Ch. 85, par. 5318
70 ILCS 220/9-19 from Ch. 85, par. 5319
70 ILCS 220/9-20 from Ch. 85, par. 5320
70 ILCS 220/9-21 from Ch. 85, par. 5321
70 ILCS 220/9-22 from Ch. 85, par. 5322
70 ILCS 220/9-23 from Ch. 85, par. 5323
70 ILCS 220/9-24 from Ch. 85, par. 5324
70 ILCS 220/9-25 from Ch. 85, par. 5325
70 ILCS 220/9-26 from Ch. 85, par. 5326
70 ILCS 220/9-27 from Ch. 85, par. 5327
70 ILCS 220/9-28 from Ch. 85, par. 5328
70 ILCS 220/9-29 from Ch. 85, par. 5329
70 ILCS 290/1 from Ch. 85, par. 1580-1
70 ILCS 290/2 from Ch. 85, par. 1580-2
70 ILCS 290/3 from Ch. 85, par. 1580-3
70 ILCS 290/4 from Ch. 85, par. 1580-4
70 ILCS 290/5 from Ch. 85, par. 1580-5
70 ILCS 290/6 from Ch. 85, par. 1580-6
70 ILCS 290/7 from Ch. 85, par. 1580-7
70 ILCS 290/7.1 from Ch. 85, par. 1580-7.1
70 ILCS 290/8 from Ch. 85, par. 1580-8
70 ILCS 290/9 from Ch. 85, par. 1580-9
70 ILCS 290/10 from Ch. 85, par. 1580-10
70 ILCS 290/11 from Ch. 85, par. 1580-11
70 ILCS 290/12 from Ch. 85, par. 1580-12
70 ILCS 290/13 from Ch. 85, par. 1580-13
70 ILCS 290/14 from Ch. 85, par. 1580-14
70 ILCS 290/15 from Ch. 85, par. 1580-15
70 ILCS 290/16 from Ch. 85, par. 1580-16
70 ILCS 290/17 from Ch. 85, par. 1580-17
70 ILCS 290/18 from Ch. 85, par. 1580-18
70 ILCS 290/19 from Ch. 85, par. 1580-19
70 ILCS 290/20 from Ch. 85, par. 1580-20
70 ILCS 290/21 from Ch. 85, par. 1580-21
70 ILCS 290/22 from Ch. 85, par. 1580-22
70 ILCS 290/23 from Ch. 85, par. 1580-23
70 ILCS 290/24 from Ch. 85, par. 1580-24
70 ILCS 290/25 from Ch. 85, par. 1580-25
70 ILCS 290/26 from Ch. 85, par. 1580-26
70 ILCS 290/27 from Ch. 85, par. 1580-27
70 ILCS 290/27a from Ch. 85, par. 1580-27a
70 ILCS 290/27b from Ch. 85, par. 1580-27b
70 ILCS 290/27c from Ch. 85, par. 1580-27c
70 ILCS 290/28 from Ch. 85, par. 1580-28
70 ILCS 300/1 from Ch. 85, par. 7701-1
70 ILCS 300/5 from Ch. 85, par. 7701-5
70 ILCS 300/10 from Ch. 85, par. 7701-10
70 ILCS 300/15 from Ch. 85, par. 7701-15
70 ILCS 300/20 from Ch. 85, par. 7701-20
70 ILCS 300/25 from Ch. 85, par. 7701-25
70 ILCS 300/30 from Ch. 85, par. 7701-30
70 ILCS 300/35 from Ch. 85, par. 7701-35
70 ILCS 300/40 from Ch. 85, par. 7701-40
70 ILCS 300/45 from Ch. 85, par. 7701-45
70 ILCS 300/50 from Ch. 85, par. 7701-50
70 ILCS 300/55 from Ch. 85, par. 7701-55
70 ILCS 300/60 from Ch. 85, par. 7701-60
70 ILCS 300/65 from Ch. 85, par. 7701-65
70 ILCS 300/70 from Ch. 85, par. 7701-70
70 ILCS 300/75 from Ch. 85, par. 7701-75
70 ILCS 300/80 from Ch. 85, par. 7701-80
70 ILCS 300/85 from Ch. 85, par. 7701-85
70 ILCS 300/90 from Ch. 85, par. 7701-90
70 ILCS 300/95 from Ch. 85, par. 7701-95
70 ILCS 300/100 from Ch. 85, par. 7701-100
70 ILCS 300/105 from Ch. 85, par. 7701-105
70 ILCS 300/110 from Ch. 85, par. 7701-110
70 ILCS 300/115 from Ch. 85, par. 7701-115
70 ILCS 300/120 from Ch. 85, par. 7701-120
70 ILCS 300/125 from Ch. 85, par. 7701-125
70 ILCS 305/1-1 from Ch. 85, par. 6251
70 ILCS 305/1-2 from Ch. 85, par. 6252
70 ILCS 305/1-3 from Ch. 85, par. 6253
70 ILCS 305/1-4 from Ch. 85, par. 6254
70 ILCS 305/1-5 from Ch. 85, par. 6255
70 ILCS 305/1-6 from Ch. 85, par. 6256
70 ILCS 305/1-7 from Ch. 85, par. 6257
70 ILCS 305/1-8 from Ch. 85, par. 6258
70 ILCS 305/1-9 from Ch. 85, par. 6259
70 ILCS 305/1-10 from Ch. 85, par. 6260
70 ILCS 305/1-11 from Ch. 85, par. 6261
70 ILCS 305/1-12 from Ch. 85, par. 6262
70 ILCS 305/1-13 from Ch. 85, par. 6263
70 ILCS 305/1-14 from Ch. 85, par. 6264
70 ILCS 305/1-15 from Ch. 85, par. 6265
70 ILCS 305/1-16 from Ch. 85, par. 6266
70 ILCS 305/1-17 from Ch. 85, par. 6267
70 ILCS 305/1-18 from Ch. 85, par. 6268
70 ILCS 305/1-19 from Ch. 85, par. 6269
70 ILCS 305/1-20 from Ch. 85, par. 6270
70 ILCS 305/1-21 from Ch. 85, par. 6271
70 ILCS 305/1-22 from Ch. 85, par. 6272
70 ILCS 305/1-23 from Ch. 85, par. 6273
70 ILCS 305/1-24 from Ch. 85, par. 6274
70 ILCS 305/1-25 from Ch. 85, par. 6275
70 ILCS 305/1-26 from Ch. 85, par. 6276
70 ILCS 305/1-27 from Ch. 85, par. 6277
70 ILCS 305/1-28 from Ch. 85, par. 6278
70 ILCS 305/1-29 from Ch. 85, par. 6279
70 ILCS 305/1-30 from Ch. 85, par. 6280
70 ILCS 220/3-1 from Ch. 85, par. 4701
70 ILCS 220/3-2 from Ch. 85, par. 4702
70 ILCS 220/3-3 from Ch. 85, par. 4703
70 ILCS 220/3-4 from Ch. 85, par. 4704
70 ILCS 220/3-5 from Ch. 85, par. 4705
70 ILCS 220/3-6 from Ch. 85, par. 4706
70 ILCS 220/3-7 from Ch. 85, par. 4707
70 ILCS 220/3-8 from Ch. 85, par. 4708
70 ILCS 220/3-9 from Ch. 85, par. 4709
70 ILCS 220/3-10 from Ch. 85, par. 4710
70 ILCS 220/3-11 from Ch. 85, par. 4711
70 ILCS 220/3-12 from Ch. 85, par. 4712
70 ILCS 220/3-13 from Ch. 85, par. 4713
70 ILCS 220/3-14 from Ch. 85, par. 4714
70 ILCS 220/3-15 from Ch. 85, par. 4715
70 ILCS 220/3-16 from Ch. 85, par. 4716
70 ILCS 220/3-17 from Ch. 85, par. 4717
70 ILCS 220/3-18 from Ch. 85, par. 4718
70 ILCS 220/3-19 from Ch. 85, par. 4719
70 ILCS 220/3-20 from Ch. 85, par. 4720
70 ILCS 220/3-21 from Ch. 85, par. 4721
70 ILCS 220/3-22 from Ch. 85, par. 4722
70 ILCS 220/3-23 from Ch. 85, par. 4723
70 ILCS 220/3-24 from Ch. 85, par. 4724
70 ILCS 220/3-25 from Ch. 85, par. 4725
70 ILCS 220/3-26 from Ch. 85, par. 4726
70 ILCS 220/3-27 from Ch. 85, par. 4727
70 ILCS 220/3-28 from Ch. 85, par. 4728
70 ILCS 220/3-29 from Ch. 85, par. 4729
70 ILCS 325/4-1 from Ch. 85, par. 7004-1
70 ILCS 325/4-2 from Ch. 85, par. 7004-2
70 ILCS 325/4-3 from Ch. 85, par. 7004-3
70 ILCS 325/4-4 from Ch. 85, par. 7004-4
70 ILCS 325/4-5 from Ch. 85, par. 7004-5
70 ILCS 325/4-6 from Ch. 85, par. 7004-6
70 ILCS 325/4-7 from Ch. 85, par. 7004-7
70 ILCS 325/4-8 from Ch. 85, par. 7004-8
70 ILCS 325/4-9 from Ch. 85, par. 7004-9
70 ILCS 325/4-10 from Ch. 85, par. 7004-10
70 ILCS 325/4-11 from Ch. 85, par. 7004-11
70 ILCS 325/4-12 from Ch. 85, par. 7004-12
70 ILCS 325/4-13 from Ch. 85, par. 7004-13
70 ILCS 325/4-14 from Ch. 85, par. 7004-14
70 ILCS 325/4-15 from Ch. 85, par. 7004-15
70 ILCS 325/4-16 from Ch. 85, par. 7004-16
70 ILCS 325/4-17 from Ch. 85, par. 7004-17
70 ILCS 325/4-18 from Ch. 85, par. 7004-18
70 ILCS 325/4-19 from Ch. 85, par. 7004-19
70 ILCS 325/4-20 from Ch. 85, par. 7004-20
70 ILCS 325/4-21 from Ch. 85, par. 7004-21
70 ILCS 325/4-22 from Ch. 85, par. 7004-22
70 ILCS 325/4-23 from Ch. 85, par. 7004-23
70 ILCS 325/4-24 from Ch. 85, par. 7004-24
70 ILCS 325/4-25 from Ch. 85, par. 7004-25
70 ILCS 325/4-26 from Ch. 85, par. 7004-26
70 ILCS 325/4-27 from Ch. 85, par. 7004-27
70 ILCS 325/4-28 from Ch. 85, par. 7004-28
70 ILCS 325/4-29 from Ch. 85, par. 7004-29
70 ILCS 325/4-30 from Ch. 85, par. 7004-30
70 ILCS 310/5-1 from Ch. 85, par. 6905-1
70 ILCS 310/5-2 from Ch. 85, par. 6905-2
70 ILCS 310/5-3 from Ch. 85, par. 6905-3
70 ILCS 310/5-4 from Ch. 85, par. 6905-4
70 ILCS 310/5-5 from Ch. 85, par. 6905-5
70 ILCS 310/5-6 from Ch. 85, par. 6905-6
70 ILCS 310/5-7 from Ch. 85, par. 6905-7
70 ILCS 310/5-8 from Ch. 85, par. 6905-8
70 ILCS 310/5-9 from Ch. 85, par. 6905-9
70 ILCS 310/5-10 from Ch. 85, par. 6905-10
70 ILCS 310/5-11 from Ch. 85, par. 6905-11
70 ILCS 310/5-12 from Ch. 85, par. 6905-12
70 ILCS 310/5-13 from Ch. 85, par. 6905-13
70 ILCS 310/5-14 from Ch. 85, par. 6905-14
70 ILCS 310/5-15 from Ch. 85, par. 6905-15
70 ILCS 310/5-16 from Ch. 85, par. 6905-16
70 ILCS 310/5-17 from Ch. 85, par. 6905-17
70 ILCS 310/5-18 from Ch. 85, par. 6905-18
70 ILCS 310/5-19 from Ch. 85, par. 6905-19
70 ILCS 310/5-20 from Ch. 85, par. 6905-20
70 ILCS 310/5-21 from Ch. 85, par. 6905-21
70 ILCS 310/5-22 from Ch. 85, par. 6905-22
70 ILCS 310/5-23 from Ch. 85, par. 6905-23
70 ILCS 310/5-24 from Ch. 85, par. 6905-24
70 ILCS 310/5-25 from Ch. 85, par. 6905-25
70 ILCS 310/5-26 from Ch. 85, par. 6905-26
70 ILCS 310/5-27 from Ch. 85, par. 6905-27
70 ILCS 310/5-28 from Ch. 85, par. 6905-28
70 ILCS 310/5-29 from Ch. 85, par. 6905-29
70 ILCS 310/5-30 from Ch. 85, par. 6905-30
70 ILCS 245/2-1 from Ch. 85, par. 6702-1
70 ILCS 245/2-2 from Ch. 85, par. 6702-2
70 ILCS 245/2-3 from Ch. 85, par. 6702-3
70 ILCS 245/2-4 from Ch. 85, par. 6702-4
70 ILCS 245/2-5 from Ch. 85, par. 6702-5
70 ILCS 245/2-6 from Ch. 85, par. 6702-6
70 ILCS 245/2-7 from Ch. 85, par. 6702-7
70 ILCS 245/2-8 from Ch. 85, par. 6702-8
70 ILCS 245/2-9 from Ch. 85, par. 6702-9
70 ILCS 245/2-10 from Ch. 85, par. 6702-10
70 ILCS 245/2-11 from Ch. 85, par. 6702-11
70 ILCS 245/2-12 from Ch. 85, par. 6702-12
70 ILCS 245/2-13 from Ch. 85, par. 6702-13
70 ILCS 245/2-14 from Ch. 85, par. 6702-14
70 ILCS 245/2-15 from Ch. 85, par. 6702-15
70 ILCS 245/2-16 from Ch. 85, par. 6702-16
70 ILCS 245/2-17 from Ch. 85, par. 6702-17
70 ILCS 245/2-18 from Ch. 85, par. 6702-18
70 ILCS 245/2-19 from Ch. 85, par. 6702-19
70 ILCS 245/2-20 from Ch. 85, par. 6702-20
70 ILCS 245/2-21 from Ch. 85, par. 6702-21
70 ILCS 245/2-22 from Ch. 85, par. 6702-22
70 ILCS 245/2-23 from Ch. 85, par. 6702-23
70 ILCS 245/2-24 from Ch. 85, par. 6702-24
70 ILCS 245/2-25 from Ch. 85, par. 6702-25
70 ILCS 245/2-26 from Ch. 85, par. 6702-26
70 ILCS 245/2-27 from Ch. 85, par. 6702-27
70 ILCS 245/2-28 from Ch. 85, par. 6702-28
70 ILCS 245/2-29 from Ch. 85, par. 6702-29
70 ILCS 245/2-30 from Ch. 85, par. 6702-30
70 ILCS 205/1 from Ch. 85, par. 1361
70 ILCS 205/2 from Ch. 85, par. 1362
70 ILCS 205/3 from Ch. 85, par. 1363
70 ILCS 205/4 from Ch. 85, par. 1364
70 ILCS 205/5 from Ch. 85, par. 1365
70 ILCS 205/6 from Ch. 85, par. 1366
70 ILCS 205/6.1 from Ch. 85, par. 1366.1
70 ILCS 205/7 from Ch. 85, par. 1367
70 ILCS 205/8 from Ch. 85, par. 1368
70 ILCS 205/9 from Ch. 85, par. 1369
70 ILCS 205/10 from Ch. 85, par. 1370
70 ILCS 205/11 from Ch. 85, par. 1371
70 ILCS 205/12 from Ch. 85, par. 1372
70 ILCS 205/13 from Ch. 85, par. 1373
70 ILCS 205/14 from Ch. 85, par. 1374
70 ILCS 205/15 from Ch. 85, par. 1375
70 ILCS 205/16 from Ch. 85, par. 1376
70 ILCS 205/17 from Ch. 85, par. 1377
70 ILCS 205/18 from Ch. 85, par. 1378
70 ILCS 205/19 from Ch. 85, par. 1379
70 ILCS 205/20 from Ch. 85, par. 1380
70 ILCS 205/21 from Ch. 85, par. 1381
70 ILCS 205/22 from Ch. 85, par. 1382
70 ILCS 205/23 from Ch. 85, par. 1383
70 ILCS 205/24 from Ch. 85, par. 1384
70 ILCS 205/25 from Ch. 85, par. 1385
70 ILCS 205/26 from Ch. 85, par. 1386
70 ILCS 205/27 from Ch. 85, par. 1387
70 ILCS 205/27a from Ch. 85, par. 1387a
70 ILCS 205/27b from Ch. 85, par. 1387b
70 ILCS 205/27c from Ch. 85, par. 1387c
70 ILCS 205/28 from Ch. 85, par. 1388
70 ILCS 220/7-1 from Ch. 85, par. 5101
70 ILCS 220/7-2 from Ch. 85, par. 5102
70 ILCS 220/7-3 from Ch. 85, par. 5103
70 ILCS 220/7-4 from Ch. 85, par. 5104
70 ILCS 220/7-5 from Ch. 85, par. 5105
70 ILCS 220/7-6 from Ch. 85, par. 5106
70 ILCS 220/7-7 from Ch. 85, par. 5107
70 ILCS 220/7-8 from Ch. 85, par. 5108
70 ILCS 220/7-9 from Ch. 85, par. 5109
70 ILCS 220/7-10 from Ch. 85, par. 5110
70 ILCS 220/7-11 from Ch. 85, par. 5111
70 ILCS 220/7-12 from Ch. 85, par. 5112
70 ILCS 220/7-13 from Ch. 85, par. 5113
70 ILCS 220/7-14 from Ch. 85, par. 5114
70 ILCS 220/7-15 from Ch. 85, par. 5115
70 ILCS 220/7-16 from Ch. 85, par. 5116
70 ILCS 220/7-17 from Ch. 85, par. 5117
70 ILCS 220/7-18 from Ch. 85, par. 5118
70 ILCS 220/7-19 from Ch. 85, par. 5119
70 ILCS 220/7-20 from Ch. 85, par. 5120
70 ILCS 220/7-21 from Ch. 85, par. 5121
70 ILCS 220/7-22 from Ch. 85, par. 5122
70 ILCS 220/7-23 from Ch. 85, par. 5123
70 ILCS 220/7-24 from Ch. 85, par. 5124
70 ILCS 220/7-25 from Ch. 85, par. 5125
70 ILCS 220/7-26 from Ch. 85, par. 5126
70 ILCS 220/7-27 from Ch. 85, par. 5127
70 ILCS 220/7-28 from Ch. 85, par. 5128
70 ILCS 220/2-1 from Ch. 85, par. 4601
70 ILCS 220/2-2 from Ch. 85, par. 4602
70 ILCS 220/2-3 from Ch. 85, par. 4603
70 ILCS 220/2-4 from Ch. 85, par. 4604
70 ILCS 220/2-5 from Ch. 85, par. 4605
70 ILCS 220/2-6 from Ch. 85, par. 4606
70 ILCS 220/2-7 from Ch. 85, par. 4607
70 ILCS 220/2-8 from Ch. 85, par. 4608
70 ILCS 220/2-9 from Ch. 85, par. 4609
70 ILCS 220/2-10 from Ch. 85, par. 4610
70 ILCS 220/2-11 from Ch. 85, par. 4611
70 ILCS 220/2-12 from Ch. 85, par. 4612
70 ILCS 220/2-13 from Ch. 85, par. 4613
70 ILCS 220/2-14 from Ch. 85, par. 4614
70 ILCS 220/2-15 from Ch. 85, par. 4615
70 ILCS 220/2-16 from Ch. 85, par. 4616
70 ILCS 220/2-17 from Ch. 85, par. 4617
70 ILCS 220/2-18 from Ch. 85, par. 4618
70 ILCS 220/2-19 from Ch. 85, par. 4619
70 ILCS 220/2-20 from Ch. 85, par. 4620
70 ILCS 220/2-21 from Ch. 85, par. 4621
70 ILCS 220/2-22 from Ch. 85, par. 4622
70 ILCS 220/2-23 from Ch. 85, par. 4623
70 ILCS 220/2-24 from Ch. 85, par. 4624
70 ILCS 220/2-25 from Ch. 85, par. 4625
70 ILCS 220/2-26 from Ch. 85, par. 4626
70 ILCS 220/2-27 from Ch. 85, par. 4627
70 ILCS 220/2-28 from Ch. 85, par. 4628
70 ILCS 220/2-29 from Ch. 85, par. 4629
70 ILCS 220/10-1 from Ch. 85, par. 5401
70 ILCS 220/10-2 from Ch. 85, par. 5402
70 ILCS 220/10-3 from Ch. 85, par. 5403
70 ILCS 220/10-4 from Ch. 85, par. 5404
70 ILCS 220/10-5 from Ch. 85, par. 5405
70 ILCS 220/10-6 from Ch. 85, par. 5406
70 ILCS 220/10-7 from Ch. 85, par. 5407
70 ILCS 220/10-8 from Ch. 85, par. 5408
70 ILCS 220/10-9 from Ch. 85, par. 5409
70 ILCS 220/10-10 from Ch. 85, par. 5410
70 ILCS 220/10-11 from Ch. 85, par. 5411
70 ILCS 220/10-12 from Ch. 85, par. 5412
70 ILCS 220/10-13 from Ch. 85, par. 5413
70 ILCS 220/10-14 from Ch. 85, par. 5414
70 ILCS 220/10-15 from Ch. 85, par. 5415
70 ILCS 220/10-16 from Ch. 85, par. 5416
70 ILCS 220/10-17 from Ch. 85, par. 5417
70 ILCS 220/10-18 from Ch. 85, par. 5418
70 ILCS 220/10-19 from Ch. 85, par. 5419
70 ILCS 220/10-20 from Ch. 85, par. 5420
70 ILCS 220/10-21 from Ch. 85, par. 5421
70 ILCS 220/10-22 from Ch. 85, par. 5422
70 ILCS 220/10-23 from Ch. 85, par. 5423
70 ILCS 220/10-24 from Ch. 85, par. 5424
70 ILCS 220/10-25 from Ch. 85, par. 5425
70 ILCS 220/10-26 from Ch. 85, par. 5426
70 ILCS 220/10-27 from Ch. 85, par. 5427
70 ILCS 220/10-28 from Ch. 85, par. 5428
70 ILCS 220/10-29 from Ch. 85, par. 5429
70 ILCS 220/10-30 from Ch. 85, par. 5430
70 ILCS 270/4-1 from Ch. 85, par. 3701
70 ILCS 270/4-2 from Ch. 85, par. 3702
70 ILCS 270/4-3 from Ch. 85, par. 3703
70 ILCS 270/4-4 from Ch. 85, par. 3704
70 ILCS 270/4-5 from Ch. 85, par. 3705
70 ILCS 270/4-6 from Ch. 85, par. 3706
70 ILCS 270/4-6.1 from Ch. 85, par. 3706.1
70 ILCS 270/4-7 from Ch. 85, par. 3707
70 ILCS 270/4-8 from Ch. 85, par. 3708
70 ILCS 270/4-9 from Ch. 85, par. 3709
70 ILCS 270/4-10 from Ch. 85, par. 3710
70 ILCS 270/4-11 from Ch. 85, par. 3711
70 ILCS 270/4-12 from Ch. 85, par. 3712
70 ILCS 270/4-13 from Ch. 85, par. 3713
70 ILCS 270/4-14 from Ch. 85, par. 3714
70 ILCS 270/4-15 from Ch. 85, par. 3715
70 ILCS 270/4-16 from Ch. 85, par. 3716
70 ILCS 270/4-17 from Ch. 85, par. 3717
70 ILCS 270/4-18 from Ch. 85, par. 3718
70 ILCS 270/4-19 from Ch. 85, par. 3719
70 ILCS 270/4-20 from Ch. 85, par. 3720
70 ILCS 270/4-21 from Ch. 85, par. 3721
70 ILCS 270/4-22 from Ch. 85, par. 3722
70 ILCS 270/4-23 from Ch. 85, par. 3723
70 ILCS 270/4-24 from Ch. 85, par. 3724
70 ILCS 270/4-25 from Ch. 85, par. 3725
70 ILCS 270/4-26 from Ch. 85, par. 3726
70 ILCS 270/4-27 from Ch. 85, par. 3727
70 ILCS 270/4-28 from Ch. 85, par. 3728
70 ILCS 270/4-29 from Ch. 85, par. 3729
70 ILCS 270/4-30 from Ch. 85, par. 3730
70 ILCS 325/5-1 from Ch. 85, par. 7005-1
70 ILCS 325/5-2 from Ch. 85, par. 7005-2
70 ILCS 325/5-3 from Ch. 85, par. 7005-3
70 ILCS 325/5-4 from Ch. 85, par. 7005-4
70 ILCS 325/5-5 from Ch. 85, par. 7005-5
70 ILCS 325/5-6 from Ch. 85, par. 7005-6
70 ILCS 325/5-7 from Ch. 85, par. 7005-7
70 ILCS 325/5-8 from Ch. 85, par. 7005-8
70 ILCS 325/5-9 from Ch. 85, par. 7005-9
70 ILCS 325/5-10 from Ch. 85, par. 7005-10
70 ILCS 325/5-11 from Ch. 85, par. 7005-11
70 ILCS 325/5-12 from Ch. 85, par. 7005-12
70 ILCS 325/5-13 from Ch. 85, par. 7005-13
70 ILCS 325/5-14 from Ch. 85, par. 7005-14
70 ILCS 325/5-15 from Ch. 85, par. 7005-15
70 ILCS 325/5-16 from Ch. 85, par. 7005-16
70 ILCS 325/5-17 from Ch. 85, par. 7005-17
70 ILCS 325/5-18 from Ch. 85, par. 7005-18
70 ILCS 325/5-19 from Ch. 85, par. 7005-19
70 ILCS 325/5-20 from Ch. 85, par. 7005-20
70 ILCS 325/5-21 from Ch. 85, par. 7005-21
70 ILCS 325/5-22 from Ch. 85, par. 7005-22
70 ILCS 325/5-23 from Ch. 85, par. 7005-23
70 ILCS 325/5-24 from Ch. 85, par. 7005-24
70 ILCS 325/5-25 from Ch. 85, par. 7005-25
70 ILCS 325/5-26 from Ch. 85, par. 7005-26
70 ILCS 325/5-27 from Ch. 85, par. 7005-27
70 ILCS 325/5-28 from Ch. 85, par. 7005-28
70 ILCS 325/5-29 from Ch. 85, par. 7005-29
70 ILCS 325/5-30 from Ch. 85, par. 7005-30
70 ILCS 320/2-1 from Ch. 85, par. 3201
70 ILCS 320/2-2 from Ch. 85, par. 3202
70 ILCS 320/2-3 from Ch. 85, par. 3203
70 ILCS 320/2-4 from Ch. 85, par. 3204
70 ILCS 320/2-5 from Ch. 85, par. 3205
70 ILCS 320/2-6 from Ch. 85, par. 3206
70 ILCS 320/2-6.1 from Ch. 85, par. 3206.1
70 ILCS 320/2-7 from Ch. 85, par. 3207
70 ILCS 320/2-8 from Ch. 85, par. 3208
70 ILCS 320/2-9 from Ch. 85, par. 3209
70 ILCS 320/2-10 from Ch. 85, par. 3210
70 ILCS 320/2-11 from Ch. 85, par. 3211
70 ILCS 320/2-12 from Ch. 85, par. 3212
70 ILCS 320/2-13 from Ch. 85, par. 3213
70 ILCS 320/2-14 from Ch. 85, par. 3214
70 ILCS 320/2-15 from Ch. 85, par. 3215
70 ILCS 320/2-16 from Ch. 85, par. 3216
70 ILCS 320/2-17 from Ch. 85, par. 3217
70 ILCS 320/2-18 from Ch. 85, par. 3218
70 ILCS 320/2-19 from Ch. 85, par. 3219
70 ILCS 320/2-20 from Ch. 85, par. 3220
70 ILCS 320/2-21 from Ch. 85, par. 3221
70 ILCS 320/2-22 from Ch. 85, par. 3222
70 ILCS 320/2-23 from Ch. 85, par. 3223
70 ILCS 320/2-24 from Ch. 85, par. 3224
70 ILCS 320/2-25 from Ch. 85, par. 3225
70 ILCS 320/2-26 from Ch. 85, par. 3226
70 ILCS 320/2-27 from Ch. 85, par. 3227
70 ILCS 320/2-28 from Ch. 85, par. 3228
70 ILCS 320/2-29 from Ch. 85, par. 3229
70 ILCS 320/2-30 from Ch. 85, par. 3230
70 ILCS 315/1 from Ch. 85, par. 1441
70 ILCS 315/2 from Ch. 85, par. 1442
70 ILCS 315/3 from Ch. 85, par. 1443
70 ILCS 315/4 from Ch. 85, par. 1444
70 ILCS 315/5 from Ch. 85, par. 1445
70 ILCS 315/6 from Ch. 85, par. 1446
70 ILCS 315/7 from Ch. 85, par. 1447
70 ILCS 315/8 from Ch. 85, par. 1448
70 ILCS 315/9 from Ch. 85, par. 1449
70 ILCS 315/10 from Ch. 85, par. 1450
70 ILCS 315/11 from Ch. 85, par. 1451
70 ILCS 315/12 from Ch. 85, par. 1452
70 ILCS 315/13 from Ch. 85, par. 1453
70 ILCS 315/14 from Ch. 85, par. 1454
70 ILCS 315/15 from Ch. 85, par. 1455
70 ILCS 315/16 from Ch. 85, par. 1456
70 ILCS 315/17 from Ch. 85, par. 1457
70 ILCS 315/18 from Ch. 85, par. 1458
70 ILCS 315/19 from Ch. 85, par. 1459
70 ILCS 315/20 from Ch. 85, par. 1460
70 ILCS 315/21 from Ch. 85, par. 1461
70 ILCS 315/22 from Ch. 85, par. 1462
70 ILCS 315/22.1 from Ch. 85, par. 1462.1
70 ILCS 315/22.2 from Ch. 85, par. 1462.2
70 ILCS 315/23 from Ch. 85, par. 1463
70 ILCS 325/8-1 from Ch. 85, par. 7008-1
70 ILCS 325/8-2 from Ch. 85, par. 7008-2
70 ILCS 325/8-3 from Ch. 85, par. 7008-3
70 ILCS 325/8-4 from Ch. 85, par. 7008-4
70 ILCS 325/8-5 from Ch. 85, par. 7008-5
70 ILCS 325/8-6 from Ch. 85, par. 7008-6
70 ILCS 325/8-7 from Ch. 85, par. 7008-7
70 ILCS 325/8-8 from Ch. 85, par. 7008-8
70 ILCS 325/8-9 from Ch. 85, par. 7008-9
70 ILCS 325/8-10 from Ch. 85, par. 7008-10
70 ILCS 325/8-11 from Ch. 85, par. 7008-11
70 ILCS 325/8-12 from Ch. 85, par. 7008-12
70 ILCS 325/8-13 from Ch. 85, par. 7008-13
70 ILCS 325/8-14 from Ch. 85, par. 7008-14
70 ILCS 325/8-15 from Ch. 85, par. 7008-15
70 ILCS 325/8-16 from Ch. 85, par. 7008-16
70 ILCS 325/8-17 from Ch. 85, par. 7008-17
70 ILCS 325/8-18 from Ch. 85, par. 7008-18
70 ILCS 325/8-19 from Ch. 85, par. 7008-19
70 ILCS 325/8-20 from Ch. 85, par. 7008-20
70 ILCS 325/8-21 from Ch. 85, par. 7008-21
70 ILCS 325/8-22 from Ch. 85, par. 7008-22
70 ILCS 325/8-23 from Ch. 85, par. 7008-23
70 ILCS 325/8-24 from Ch. 85, par. 7008-24
70 ILCS 325/8-25 from Ch. 85, par. 7008-25
70 ILCS 325/8-26 from Ch. 85, par. 7008-26
70 ILCS 325/8-27 from Ch. 85, par. 7008-27
70 ILCS 325/8-28 from Ch. 85, par. 7008-28
70 ILCS 325/8-29 from Ch. 85, par. 7008-29
70 ILCS 325/8-30 from Ch. 85, par. 7008-30
70 ILCS 320/1-1 from Ch. 85, par. 3101
70 ILCS 320/1-2 from Ch. 85, par. 3102
70 ILCS 320/1-3 from Ch. 85, par. 3103
70 ILCS 320/1-4 from Ch. 85, par. 3104
70 ILCS 320/1-5 from Ch. 85, par. 3105
70 ILCS 320/1-6 from Ch. 85, par. 3106
70 ILCS 320/1-6.1 from Ch. 85, par. 3106.1
70 ILCS 320/1-7 from Ch. 85, par. 3107
70 ILCS 320/1-8 from Ch. 85, par. 3108
70 ILCS 320/1-9 from Ch. 85, par. 3109
70 ILCS 320/1-10 from Ch. 85, par. 3110
70 ILCS 320/1-11 from Ch. 85, par. 3111
70 ILCS 320/1-12 from Ch. 85, par. 3112
70 ILCS 320/1-13 from Ch. 85, par. 3113
70 ILCS 320/1-14 from Ch. 85, par. 3114
70 ILCS 320/1-15 from Ch. 85, par. 3115
70 ILCS 320/1-16 from Ch. 85, par. 3116
70 ILCS 320/1-17 from Ch. 85, par. 3117
70 ILCS 320/1-18 from Ch. 85, par. 3118
70 ILCS 320/1-19 from Ch. 85, par. 3119
70 ILCS 320/1-20 from Ch. 85, par. 3120
70 ILCS 320/1-21 from Ch. 85, par. 3121
70 ILCS 320/1-22 from Ch. 85, par. 3122
70 ILCS 320/1-23 from Ch. 85, par. 3123
70 ILCS 320/1-24 from Ch. 85, par. 3124
70 ILCS 320/1-25 from Ch. 85, par. 3125
70 ILCS 320/1-26 from Ch. 85, par. 3126
70 ILCS 320/1-27 from Ch. 85, par. 3127
70 ILCS 320/1-28 from Ch. 85, par. 3128
70 ILCS 320/1-29 from Ch. 85, par. 3129
70 ILCS 320/1-30 from Ch. 85, par. 3130
70 ILCS 280/2-1 from Ch. 85, par. 2801
70 ILCS 280/2-2 from Ch. 85, par. 2802
70 ILCS 280/2-3 from Ch. 85, par. 2803
70 ILCS 280/2-4 from Ch. 85, par. 2804
70 ILCS 280/2-5 from Ch. 85, par. 2805
70 ILCS 280/2-6 from Ch. 85, par. 2806
70 ILCS 280/2-7 from Ch. 85, par. 2807
70 ILCS 280/2-7.1 from Ch. 85, par. 2807.1
70 ILCS 280/2-8 from Ch. 85, par. 2808
70 ILCS 280/2-9 from Ch. 85, par. 2809
70 ILCS 280/2-10 from Ch. 85, par. 2810
70 ILCS 280/2-11 from Ch. 85, par. 2811
70 ILCS 280/2-12 from Ch. 85, par. 2812
70 ILCS 280/2-13 from Ch. 85, par. 2813
70 ILCS 280/2-14 from Ch. 85, par. 2814
70 ILCS 280/2-15 from Ch. 85, par. 2815
70 ILCS 280/2-16 from Ch. 85, par. 2816
70 ILCS 280/2-17 from Ch. 85, par. 2817
70 ILCS 280/2-18 from Ch. 85, par. 2818
70 ILCS 280/2-19 from Ch. 85, par. 2819
70 ILCS 280/2-20 from Ch. 85, par. 2820
70 ILCS 280/2-21 from Ch. 85, par. 2821
70 ILCS 280/2-22 from Ch. 85, par. 2822
70 ILCS 280/2-23 from Ch. 85, par. 2823
70 ILCS 280/2-24 from Ch. 85, par. 2824
70 ILCS 280/2-25 from Ch. 85, par. 2825
70 ILCS 280/2-26 from Ch. 85, par. 2826
70 ILCS 280/2-27 from Ch. 85, par. 2827
70 ILCS 280/2-28 from Ch. 85, par. 2828
70 ILCS 280/2-29 from Ch. 85, par. 2829
70 ILCS 325/1-1 from Ch. 85, par. 7001-1
70 ILCS 325/1-2 from Ch. 85, par. 7001-2
70 ILCS 325/1-3 from Ch. 85, par. 7001-3
70 ILCS 325/1-4 from Ch. 85, par. 7001-4
70 ILCS 325/1-5 from Ch. 85, par. 7001-5
70 ILCS 325/1-6 from Ch. 85, par. 7001-6
70 ILCS 325/1-7 from Ch. 85, par. 7001-7
70 ILCS 325/1-8 from Ch. 85, par. 7001-8
70 ILCS 325/1-9 from Ch. 85, par. 7001-9
70 ILCS 325/1-10 from Ch. 85, par. 7001-10
70 ILCS 325/1-11 from Ch. 85, par. 7001-11
70 ILCS 325/1-12 from Ch. 85, par. 7001-12
70 ILCS 325/1-13 from Ch. 85, par. 7001-13
70 ILCS 325/1-14 from Ch. 85, par. 7001-14
70 ILCS 325/1-15 from Ch. 85, par. 7001-15
70 ILCS 325/1-16 from Ch. 85, par. 7001-16
70 ILCS 325/1-17 from Ch. 85, par. 7001-17
70 ILCS 325/1-18 from Ch. 85, par. 7001-18
70 ILCS 325/1-19 from Ch. 85, par. 7001-19
70 ILCS 325/1-20 from Ch. 85, par. 7001-20
70 ILCS 325/1-21 from Ch. 85, par. 7001-21
70 ILCS 325/1-22 from Ch. 85, par. 7001-22
70 ILCS 325/1-23 from Ch. 85, par. 7001-23
70 ILCS 325/1-24 from Ch. 85, par. 7001-24
70 ILCS 325/1-25 from Ch. 85, par. 7001-25
70 ILCS 325/1-26 from Ch. 85, par. 7001-26
70 ILCS 325/1-27 from Ch. 85, par. 7001-27
70 ILCS 325/1-28 from Ch. 85, par. 7001-28
70 ILCS 325/1-29 from Ch. 85, par. 7001-29
70 ILCS 325/1-30 from Ch. 85, par. 7001-30
70 ILCS 330/1 from Ch. 85, par. 3301
70 ILCS 330/2 from Ch. 85, par. 3302
70 ILCS 330/3 from Ch. 85, par. 3303
70 ILCS 330/4 from Ch. 85, par. 3304
70 ILCS 330/5 from Ch. 85, par. 3305
70 ILCS 330/6 from Ch. 85, par. 3306
70 ILCS 330/7 from Ch. 85, par. 3307
70 ILCS 330/7.1 from Ch. 85, par. 3307.1
70 ILCS 330/8 from Ch. 85, par. 3308
70 ILCS 330/9 from Ch. 85, par. 3309
70 ILCS 330/10 from Ch. 85, par. 3310
70 ILCS 330/11 from Ch. 85, par. 3311
70 ILCS 330/12 from Ch. 85, par. 3312
70 ILCS 330/13 from Ch. 85, par. 3313
70 ILCS 330/14 from Ch. 85, par. 3314
70 ILCS 330/15 from Ch. 85, par. 3315
70 ILCS 330/16 from Ch. 85, par. 3316
70 ILCS 330/17 from Ch. 85, par. 3317
70 ILCS 330/18 from Ch. 85, par. 3318
70 ILCS 330/19 from Ch. 85, par. 3319
70 ILCS 330/20 from Ch. 85, par. 3320
70 ILCS 330/21 from Ch. 85, par. 3321
70 ILCS 330/22 from Ch. 85, par. 3322
70 ILCS 330/23 from Ch. 85, par. 3323
70 ILCS 330/24 from Ch. 85, par. 3324
70 ILCS 330/25 from Ch. 85, par. 3325
70 ILCS 330/26 from Ch. 85, par. 3326
70 ILCS 330/27 from Ch. 85, par. 3327
70 ILCS 325/3-1 from Ch. 85, par. 7003-1
70 ILCS 325/3-2 from Ch. 85, par. 7003-2
70 ILCS 325/3-3 from Ch. 85, par. 7003-3
70 ILCS 325/3-4 from Ch. 85, par. 7003-4
70 ILCS 325/3-5 from Ch. 85, par. 7003-5
70 ILCS 325/3-6 from Ch. 85, par. 7003-6
70 ILCS 325/3-7 from Ch. 85, par. 7003-7
70 ILCS 325/3-8 from Ch. 85, par. 7003-8
70 ILCS 325/3-9 from Ch. 85, par. 7003-9
70 ILCS 325/3-10 from Ch. 85, par. 7003-10
70 ILCS 325/3-11 from Ch. 85, par. 7003-11
70 ILCS 325/3-12 from Ch. 85, par. 7003-12
70 ILCS 325/3-13 from Ch. 85, par. 7003-13
70 ILCS 325/3-14 from Ch. 85, par. 7003-14
70 ILCS 325/3-15 from Ch. 85, par. 7003-15
70 ILCS 325/3-16 from Ch. 85, par. 7003-16
70 ILCS 325/3-17 from Ch. 85, par. 7003-17
70 ILCS 325/3-18 from Ch. 85, par. 7003-18
70 ILCS 325/3-19 from Ch. 85, par. 7003-19
70 ILCS 325/3-20 from Ch. 85, par. 7003-20
70 ILCS 325/3-21 from Ch. 85, par. 7003-21
70 ILCS 325/3-22 from Ch. 85, par. 7003-22
70 ILCS 325/3-23 from Ch. 85, par. 7003-23
70 ILCS 325/3-24 from Ch. 85, par. 7003-24
70 ILCS 325/3-25 from Ch. 85, par. 7003-25
70 ILCS 325/3-26 from Ch. 85, par. 7003-26
70 ILCS 325/3-27 from Ch. 85, par. 7003-27
70 ILCS 325/3-28 from Ch. 85, par. 7003-28
70 ILCS 325/3-29 from Ch. 85, par. 7003-29
70 ILCS 325/3-30 from Ch. 85, par. 7003-30
70 ILCS 340/1 from Ch. 85, par. 1331
70 ILCS 340/2 from Ch. 85, par. 1332
70 ILCS 340/3 from Ch. 85, par. 1333
70 ILCS 340/4 from Ch. 85, par. 1334
70 ILCS 340/5 from Ch. 85, par. 1335
70 ILCS 340/6 from Ch. 85, par. 1336
70 ILCS 340/6.1 from Ch. 85, par. 1336.1
70 ILCS 340/7 from Ch. 85, par. 1337
70 ILCS 340/8 from Ch. 85, par. 1338
70 ILCS 340/9 from Ch. 85, par. 1339
70 ILCS 340/9.1 from Ch. 85, par. 1339.1
70 ILCS 340/10 from Ch. 85, par. 1340
70 ILCS 340/11 from Ch. 85, par. 1341
70 ILCS 340/12 from Ch. 85, par. 1342
70 ILCS 340/13 from Ch. 85, par. 1343
70 ILCS 340/14 from Ch. 85, par. 1344
70 ILCS 340/15 from Ch. 85, par. 1345
70 ILCS 340/16 from Ch. 85, par. 1346
70 ILCS 340/17 from Ch. 85, par. 1347
70 ILCS 340/18 from Ch. 85, par. 1348
70 ILCS 340/19 from Ch. 85, par. 1349
70 ILCS 340/20 from Ch. 85, par. 1350
70 ILCS 340/21 from Ch. 85, par. 1351
70 ILCS 340/22 from Ch. 85, par. 1352
70 ILCS 340/23 from Ch. 85, par. 1353
70 ILCS 340/23a from Ch. 85, par. 1353a
70 ILCS 340/24 from Ch. 85, par. 1354
70 ILCS 340/25 from Ch. 85, par. 1355
70 ILCS 340/26 from Ch. 85, par. 1356
70 ILCS 340/27 from Ch. 85, par. 1357
70 ILCS 340/27.1 from Ch. 85, par. 1357.1
70 ILCS 340/27.2 from Ch. 85, par. 1357.2
70 ILCS 340/27.3 from Ch. 85, par. 1357.3
70 ILCS 340/28 from Ch. 85, par. 1358
70 ILCS 335/1 from Ch. 85, par. 7101
70 ILCS 335/2 from Ch. 85, par. 7102
70 ILCS 335/3 from Ch. 85, par. 7103
70 ILCS 335/4 from Ch. 85, par. 7104
70 ILCS 335/5 from Ch. 85, par. 7105
70 ILCS 335/6 from Ch. 85, par. 7106
70 ILCS 335/7 from Ch. 85, par. 7107
70 ILCS 335/8 from Ch. 85, par. 7108
70 ILCS 335/9 from Ch. 85, par. 7109
70 ILCS 335/10 from Ch. 85, par. 7110
70 ILCS 335/11 from Ch. 85, par. 7111
70 ILCS 335/12 from Ch. 85, par. 7112
70 ILCS 335/13 from Ch. 85, par. 7113
70 ILCS 335/14 from Ch. 85, par. 7114
70 ILCS 335/15 from Ch. 85, par. 7115
70 ILCS 335/16 from Ch. 85, par. 7116
70 ILCS 335/17 from Ch. 85, par. 7117
70 ILCS 335/18 from Ch. 85, par. 7118
70 ILCS 335/19 from Ch. 85, par. 7119
70 ILCS 335/20 from Ch. 85, par. 7120
70 ILCS 335/21 from Ch. 85, par. 7121
70 ILCS 335/22 from Ch. 85, par. 7122
70 ILCS 335/23 from Ch. 85, par. 7123
70 ILCS 335/24 from Ch. 85, par. 7124
70 ILCS 335/25 from Ch. 85, par. 7125
70 ILCS 335/26 from Ch. 85, par. 7126
70 ILCS 335/27 from Ch. 85, par. 7127
70 ILCS 335/28 from Ch. 85, par. 7128
70 ILCS 335/29 from Ch. 85, par. 7129
70 ILCS 335/30 from Ch. 85, par. 7130
70 ILCS 220/8-1 from Ch. 85, par. 5201
70 ILCS 220/8-2 from Ch. 85, par. 5202
70 ILCS 220/8-3 from Ch. 85, par. 5203
70 ILCS 220/8-4 from Ch. 85, par. 5204
70 ILCS 220/8-5 from Ch. 85, par. 5205
70 ILCS 220/8-6 from Ch. 85, par. 5206
70 ILCS 220/8-7 from Ch. 85, par. 5207
70 ILCS 220/8-8 from Ch. 85, par. 5208
70 ILCS 220/8-9 from Ch. 85, par. 5209
70 ILCS 220/8-10 from Ch. 85, par. 5210
70 ILCS 220/8-11 from Ch. 85, par. 5211
70 ILCS 220/8-12 from Ch. 85, par. 5212
70 ILCS 220/8-13 from Ch. 85, par. 5213
70 ILCS 220/8-14 from Ch. 85, par. 5214
70 ILCS 220/8-15 from Ch. 85, par. 5215
70 ILCS 220/8-16 from Ch. 85, par. 5216
70 ILCS 220/8-17 from Ch. 85, par. 5217
70 ILCS 220/8-18 from Ch. 85, par. 5218
70 ILCS 220/8-19 from Ch. 85, par. 5219
70 ILCS 220/8-20 from Ch. 85, par. 5220
70 ILCS 220/8-21 from Ch. 85, par. 5221
70 ILCS 220/8-22 from Ch. 85, par. 5222
70 ILCS 220/8-23 from Ch. 85, par. 5223
70 ILCS 220/8-24 from Ch. 85, par. 5224
70 ILCS 220/8-25 from Ch. 85, par. 5225
70 ILCS 220/8-26 from Ch. 85, par. 5226
70 ILCS 220/8-27 from Ch. 85, par. 5227
70 ILCS 220/8-28 from Ch. 85, par. 5228
70 ILCS 345/1 from Ch. 85, par. 1251
70 ILCS 345/2 from Ch. 85, par. 1252
70 ILCS 345/3 from Ch. 85, par. 1253
70 ILCS 345/4 from Ch. 85, par. 1254
70 ILCS 345/5 from Ch. 85, par. 1255
70 ILCS 345/6 from Ch. 85, par. 1256
70 ILCS 345/6.1 from Ch. 85, par. 1256.1
70 ILCS 345/7 from Ch. 85, par. 1257
70 ILCS 345/8 from Ch. 85, par. 1258
70 ILCS 345/9 from Ch. 85, par. 1259
70 ILCS 345/10 from Ch. 85, par. 1260
70 ILCS 345/11 from Ch. 85, par. 1261
70 ILCS 345/12 from Ch. 85, par. 1262
70 ILCS 345/13 from Ch. 85, par. 1263
70 ILCS 345/13(a) from Ch. 85, par. 1263a
70 ILCS 345/13(b) from Ch. 85, par. 1263b
70 ILCS 345/13(c) from Ch. 85, par. 1263c
70 ILCS 345/14 from Ch. 85, par. 1264
70 ILCS 345/15(a) from Ch. 85, par. 1265a
70 ILCS 345/15(b) from Ch. 85, par. 1265b
70 ILCS 345/15(c) from Ch. 85, par. 1265c
70 ILCS 345/15(d) from Ch. 85, par. 1265d
70 ILCS 345/16 from Ch. 85, par. 1266
70 ILCS 345/17 from Ch. 85, par. 1267
70 ILCS 345/18 from Ch. 85, par. 1268
70 ILCS 345/19 from Ch. 85, par. 1269
70 ILCS 345/20 from Ch. 85, par. 1270
70 ILCS 345/21 from Ch. 85, par. 1271
70 ILCS 345/22 from Ch. 85, par. 1272
70 ILCS 345/23 from Ch. 85, par. 1273
70 ILCS 345/24 from Ch. 85, par. 1274
70 ILCS 345/25 from Ch. 85, par. 1275
70 ILCS 345/26 from Ch. 85, par. 1276
70 ILCS 345/27 from Ch. 85, par. 1277
70 ILCS 345/28 from Ch. 85, par. 1278
70 ILCS 345/29 from Ch. 85, par. 1279
70 ILCS 345/30 from Ch. 85, par. 1280
70 ILCS 345/31 from Ch. 85, par. 1281
70 ILCS 345/32 from Ch. 85, par. 1282
70 ILCS 345/33 from Ch. 85, par. 1283
70 ILCS 270/2-1 from Ch. 85, par. 3501
70 ILCS 270/2-2 from Ch. 85, par. 3502
70 ILCS 270/2-3 from Ch. 85, par. 3503
70 ILCS 270/2-4 from Ch. 85, par. 3504
70 ILCS 270/2-5 from Ch. 85, par. 3505
70 ILCS 270/2-6 from Ch. 85, par. 3506
70 ILCS 270/2-7 from Ch. 85, par. 3507
70 ILCS 270/2-7.1 from Ch. 85, par. 3507.1
70 ILCS 270/2-8 from Ch. 85, par. 3508
70 ILCS 270/2-9 from Ch. 85, par. 3509
70 ILCS 270/2-10 from Ch. 85, par. 3510
70 ILCS 270/2-11 from Ch. 85, par. 3511
70 ILCS 270/2-12 from Ch. 85, par. 3512
70 ILCS 270/2-13 from Ch. 85, par. 3513
70 ILCS 270/2-14 from Ch. 85, par. 3514
70 ILCS 270/2-15 from Ch. 85, par. 3515
70 ILCS 270/2-16 from Ch. 85, par. 3516
70 ILCS 270/2-17 from Ch. 85, par. 3517
70 ILCS 270/2-18 from Ch. 85, par. 3518
70 ILCS 270/2-19 from Ch. 85, par. 3519
70 ILCS 270/2-20 from Ch. 85, par. 3520
70 ILCS 270/2-21 from Ch. 85, par. 3521
70 ILCS 270/2-22 from Ch. 85, par. 3522
70 ILCS 270/2-23 from Ch. 85, par. 3523
70 ILCS 270/2-24 from Ch. 85, par. 3524
70 ILCS 270/2-25 from Ch. 85, par. 3525
70 ILCS 270/2-26 from Ch. 85, par. 3526
70 ILCS 270/2-27 from Ch. 85, par. 3527
70 ILCS 270/2-28 from Ch. 85, par. 3528
70 ILCS 270/2-29 from Ch. 85, par. 3529
70 ILCS 270/2-30 from Ch. 85, par. 3530
70 ILCS 270/2-31 from Ch. 85, par. 3531
70 ILCS 265/1 from Ch. 85, par. 1551
70 ILCS 265/1.1 from Ch. 85, par. 1551.1
70 ILCS 265/2 from Ch. 85, par. 1552
70 ILCS 265/3 from Ch. 85, par. 1553
70 ILCS 265/4 from Ch. 85, par. 1554
70 ILCS 265/5 from Ch. 85, par. 1555
70 ILCS 265/6 from Ch. 85, par. 1556
70 ILCS 265/6.1 from Ch. 85, par. 1556.1
70 ILCS 265/7 from Ch. 85, par. 1557
70 ILCS 265/8 from Ch. 85, par. 1558
70 ILCS 265/9 from Ch. 85, par. 1559
70 ILCS 265/10 from Ch. 85, par. 1560
70 ILCS 265/11 from Ch. 85, par. 1561
70 ILCS 265/12 from Ch. 85, par. 1562
70 ILCS 265/13 from Ch. 85, par. 1563
70 ILCS 265/14 from Ch. 85, par. 1564
70 ILCS 265/15 from Ch. 85, par. 1565
70 ILCS 265/16 from Ch. 85, par. 1566
70 ILCS 265/17 from Ch. 85, par. 1567
70 ILCS 265/18 from Ch. 85, par. 1568
70 ILCS 265/19 from Ch. 85, par. 1569
70 ILCS 265/20 from Ch. 85, par. 1570
70 ILCS 265/21 from Ch. 85, par. 1571
70 ILCS 265/22 from Ch. 85, par. 1572
70 ILCS 265/23 from Ch. 85, par. 1573
70 ILCS 265/24 from Ch. 85, par. 1574
70 ILCS 265/25 from Ch. 85, par. 1575
70 ILCS 265/26 from Ch. 85, par. 1576
70 ILCS 265/26a from Ch. 85, par. 1576a
70 ILCS 265/26b from Ch. 85, par. 1576b
70 ILCS 265/26c from Ch. 85, par. 1576c
70 ILCS 265/27 from Ch. 85, par. 1577
70 ILCS 265/28 from Ch. 85, par. 1578
70 ILCS 325/7-1 from Ch. 85, par. 7007-1
70 ILCS 325/7-2 from Ch. 85, par. 7007-2
70 ILCS 325/7-3 from Ch. 85, par. 7007-3
70 ILCS 325/7-4 from Ch. 85, par. 7007-4
70 ILCS 325/7-5 from Ch. 85, par. 7007-5
70 ILCS 325/7-6 from Ch. 85, par. 7007-6
70 ILCS 325/7-7 from Ch. 85, par. 7007-7
70 ILCS 325/7-8 from Ch. 85, par. 7007-8
70 ILCS 325/7-9 from Ch. 85, par. 7007-9
70 ILCS 325/7-10 from Ch. 85, par. 7007-10
70 ILCS 325/7-11 from Ch. 85, par. 7007-11
70 ILCS 325/7-12 from Ch. 85, par. 7007-12
70 ILCS 325/7-13 from Ch. 85, par. 7007-13
70 ILCS 325/7-14 from Ch. 85, par. 7007-14
70 ILCS 325/7-15 from Ch. 85, par. 7007-15
70 ILCS 325/7-16 from Ch. 85, par. 7007-16
70 ILCS 325/7-17 from Ch. 85, par. 7007-17
70 ILCS 325/7-18 from Ch. 85, par. 7007-18
70 ILCS 325/7-19 from Ch. 85, par. 7007-19
70 ILCS 325/7-20 from Ch. 85, par. 7007-20
70 ILCS 325/7-21 from Ch. 85, par. 7007-21
70 ILCS 325/7-22 from Ch. 85, par. 7007-22
70 ILCS 325/7-23 from Ch. 85, par. 7007-23
70 ILCS 325/7-24 from Ch. 85, par. 7007-24
70 ILCS 325/7-25 from Ch. 85, par. 7007-25
70 ILCS 325/7-26 from Ch. 85, par. 7007-26
70 ILCS 325/7-27 from Ch. 85, par. 7007-27
70 ILCS 325/7-28 from Ch. 85, par. 7007-28
70 ILCS 325/7-29 from Ch. 85, par. 7007-29
70 ILCS 325/7-30 from Ch. 85, par. 7007-30
70 ILCS 350/1 from Ch. 85, par. 6101
70 ILCS 350/2 from Ch. 85, par. 6102
70 ILCS 350/3 from Ch. 85, par. 6103
70 ILCS 350/4 from Ch. 85, par. 6104
70 ILCS 350/5 from Ch. 85, par. 6105
70 ILCS 350/6 from Ch. 85, par. 6106
70 ILCS 350/7 from Ch. 85, par. 6107
70 ILCS 350/8 from Ch. 85, par. 6108
70 ILCS 350/9 from Ch. 85, par. 6109
70 ILCS 350/10 from Ch. 85, par. 6110
70 ILCS 350/11 from Ch. 85, par. 6111
70 ILCS 350/12 from Ch. 85, par. 6112
70 ILCS 350/13 from Ch. 85, par. 6113
70 ILCS 350/14 from Ch. 85, par. 6114
70 ILCS 350/15 from Ch. 85, par. 6115
70 ILCS 350/16 from Ch. 85, par. 6116
70 ILCS 350/17 from Ch. 85, par. 6117
70 ILCS 350/18 from Ch. 85, par. 6118
70 ILCS 350/19 from Ch. 85, par. 6119
70 ILCS 350/20 from Ch. 85, par. 6120
70 ILCS 350/21 from Ch. 85, par. 6121
70 ILCS 350/22 from Ch. 85, par. 6122
70 ILCS 350/23 from Ch. 85, par. 6123
70 ILCS 350/24 from Ch. 85, par. 6124
70 ILCS 350/25 from Ch. 85, par. 6125
70 ILCS 350/26 from Ch. 85, par. 6126
70 ILCS 350/27 from Ch. 85, par. 6127
70 ILCS 350/28 from Ch. 85, par. 6128
70 ILCS 350/29 from Ch. 85, par. 6129
70 ILCS 350/30 from Ch. 85, par. 6130
70 ILCS 290/1 from Ch. 85, par. 1580-1
70 ILCS 290/2 from Ch. 85, par. 1580-2
70 ILCS 290/3 from Ch. 85, par. 1580-3
70 ILCS 290/4 from Ch. 85, par. 1580-4
70 ILCS 290/5 from Ch. 85, par. 1580-5
70 ILCS 290/6 from Ch. 85, par. 1580-6
70 ILCS 290/7 from Ch. 85, par. 1580-7
70 ILCS 290/7.1 from Ch. 85, par. 1580-7.1
70 ILCS 290/8 from Ch. 85, par. 1580-8
70 ILCS 290/9 from Ch. 85, par. 1580-9
70 ILCS 290/10 from Ch. 85, par. 1580-10
70 ILCS 290/11 from Ch. 85, par. 1580-11
70 ILCS 290/12 from Ch. 85, par. 1580-12
70 ILCS 290/13 from Ch. 85, par. 1580-13
70 ILCS 290/14 from Ch. 85, par. 1580-14
70 ILCS 290/15 from Ch. 85, par. 1580-15
70 ILCS 290/16 from Ch. 85, par. 1580-16
70 ILCS 290/17 from Ch. 85, par. 1580-17
70 ILCS 290/18 from Ch. 85, par. 1580-18
70 ILCS 290/19 from Ch. 85, par. 1580-19
70 ILCS 290/20 from Ch. 85, par. 1580-20
70 ILCS 290/21 from Ch. 85, par. 1580-21
70 ILCS 290/22 from Ch. 85, par. 1580-22
70 ILCS 290/23 from Ch. 85, par. 1580-23
70 ILCS 290/24 from Ch. 85, par. 1580-24
70 ILCS 290/25 from Ch. 85, par. 1580-25
70 ILCS 290/26 from Ch. 85, par. 1580-26
70 ILCS 290/27 from Ch. 85, par. 1580-27
70 ILCS 290/27a from Ch. 85, par. 1580-27a
70 ILCS 290/27b from Ch. 85, par. 1580-27b
70 ILCS 290/27c from Ch. 85, par. 1580-27c
70 ILCS 290/28 from Ch. 85, par. 1580-28