(70 ILCS 200/2-50)
Sec. 2-50.
Borrowing; revenue bonds; suits to compel performance.
The Authority shall have continuing power to borrow money
for the purpose of carrying out and performing its duties and exercising
its powers under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an ordinance
adopted by the Board, from time to time issue and dispose of its
interest bearing revenue bonds, and may also from time to time issue and
dispose
of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely
from the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
it, and from funds, if any, received and to be received by the Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates not exceeding the maximum rate
permitted by the Bond Authorization Act, may be in such form, may
carry such registration privileges, may be executed in such manner, may
be payable at such place or places, may be made subject to redemption
in such manner and upon such terms, with or without premium as is stated on the
face thereof, may be executed in such manner, and may contain
such terms and covenants, all as may be provided in said ordinance.
In case any officer whose signature appears on any
bond ceases (after attaching his signature) to hold office, his
signature shall nevertheless be valid and effective for all purposes. The
holder or holders of any bonds or interest coupons appertaining thereto issued
by the
Authority may bring suits at law or proceedings in equity to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, to compel the Authority or
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and
to enjoin the Authority and any of its officers, agents or employees
from taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
From and after the issuance of any bonds as herein provided
it shall be the duty of the corporate authorities of the Authority to
fix and establish rates,
charges, rents, and fees for the use of facilities acquired, constructed,
reconstructed, extended or improved with the proceeds of the sale of said
bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of maintaining, repairing, regulating and
operating the said facilities; and
(b) the bonds and interest thereon
as they shall become due, and all sinking fund requirements and other
requirements provided by the ordinance authorizing the issuance of the
bonds or as provided by any trust agreement executed to secure payment
thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any additional
bonds payable from such revenue income to be derived from the fairs,
recreational, theatrical, and cultural expositions, sports activities,
exhibitions, office rentals, and air space leases and rentals and from other
revenue, if any, the Authority may execute and deliver a trust agreement or
agreements; provided that no lien upon any physical property of the
Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust agreement
by
the Authority may be by mandamus proceedings in any court of competent
jurisdiction to compel performance and compliance therewith, but the trust
agreement
may prescribe by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a
unit after advertising for bids at least 3 times in a daily newspaper of
general circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed, filed and
opened as provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority shall have the
right to
reject all bids and to readvertise for bids in the manner provided for in
the initial advertisement. However, if no bids are received such bonds may
be sold at not less than par value, without further advertising, within 60
days after the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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