(70 ILCS 200/185-20)
Sec. 185-20.
Borrowing; revenue bonds.
The Authority
shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose
of its interest bearing
revenue bonds to refund any bonds at maturity or pursuant to redemption
provisions or at any time before maturity with the consent of the holders
thereof. All such bonds shall be payable solely from the revenues or income
to be derived from the fairs, expositions, exhibitions, rentals and leases
and other authorized activities operated by it, and from funds, if any,
received and to be received by the Authority from any other source. Such
bonds may bear such date or dates, may mature at such time or times not
exceeding 40 years from their respective dates, may bear interest at such
rate or rates, not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, may be in such form, may carry
such registration privileges, may be executed in such manner, may be payable
at such place or places, may be made subject to redemption in such manner
and upon such terms, with or without premium as is stated on the face thereof,
may be executed in such manner and may contain such terms and covenants,
all as may be provided in said ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his signature) to hold
office,
his signature shall nevertheless be valid and effective for all purposes.
The holder or holders of any bonds, or interest coupons appertaining thereto
issued by the Authority may bring mandamus, injunction, or other civil
actions or
proceedings to compel the performance and observance by the Authority or
any of its officers, agents
or employees of any contract or covenant made by the Authority with
the
holders of such bonds or interest coupons, to compel the Authority
and
any of its officers, agents or employees to perform any duties required
to be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to
enjoin the Authority and any of its officers, agents or employees from taking
any action in conflict with any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code of the State of Illinois.
The bonds shall be sold by the corporate authorities of the Authority in
such manner as said corporate authorities shall determine, except that if
issued to bear interest at the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract,
the bonds shall be
sold for not less than par and accrued interest and except that the selling
price of bonds bearing interest at a rate of less than
the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, shall
be such that the interest cost to the Authority of the money received from
the sale of bonds shall not exceed the maximum rate
authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
computed to absolute
maturity of said bonds or certificates according to standard tables of bond
values.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority to pay:
(a) the cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical, cultural, expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Article that
may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive
than
those Acts.
(Source: P.A. 90-328, eff. 1-1-98.)
|