(70 ILCS 200/160-15)
Sec. 160-15.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely
from the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and covenants, all as
may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining
thereto issued by the Authority may bring suits at law or proceedings in
equity to compel the performance and observance by the Authority or any of
its officers, agents or employees of any contract or covenant made
by the
Authority with the holders of such bonds or interest coupons, to
compel
the Authority and any of its officers, agents or employees to perform any
duties required to be performed for the benefit of the holders of any such
bonds or interest coupons by the provisions of the ordinance authorizing
their issuance, and to enjoin the Authority and any of its officers, agents
or
employees from taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code, as now or hereafter amended.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any additional
bonds payable from such revenue income to be derived from the fairs,
recreational, theatrical, cultural, expositions, sports activities,
exhibitions, office rentals and air space leases and rentals, and other
revenue, if any, the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property of the
Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received, such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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