(70 ILCS 200/2-51)
Sec. 2-51.
Borrowing; revenue bonds; mandamus or other actions to compel
performance. The Authority shall have continuing power to borrow money for the
purpose of carrying out and performing its duties and exercising its powers
under this Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any, received and to be received by the
Authority
from any other source. Such bonds may bear such date or dates, may mature
at such time or times not exceeding 40 years from their respective dates,
may bear interest at such rate or rates,
not exceeding the maximum rate permitted by
the Bond Authorization Act,
may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be executed in such
manner and may contain such terms and covenants, all as may be provided in
the ordinance. In case any officer whose signature appears on any bond
ceases (after attaching his signature) to hold office, his signature shall
nevertheless be valid and effective for all purposes. The holder or holders
of any bonds, or interest coupons appertaining thereto, issued by the
Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the
performance and observance by the Authority or any of its officers, agents
or employees of any contract or covenant made by the Authority with the
holders of such bonds or interest coupons, to compel the Authority and
any of its officers, agents or employees to perform any duties required to
be performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, and to
enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and operating
the
facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the fairs, recreational,
theatrical or cultural expositions, sport activities, exhibitions, office
rentals, and air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions or
proceedings in any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
Before any such bonds (excepting refunding bonds) are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of general
circulation published in the metropolitan area, the last publication to be
at least 10 days before bids are required to be filed. Copies of such
advertisement may be published in any newspaper or financial publication in
the United States. All bids shall be sealed, filed and opened as provided
by ordinance and the bonds shall be awarded to the highest and best bidder
or bidders therefor. The Authority shall have the right to reject all bids
and readvertise for bids in the manner provided for in the initial
advertisement. However, if no bids are received such bonds may be sold at
not less than par value, without further advertising, within 60 days after
the bids are required to be filed pursuant to any advertisement.
(Source: P.A. 90-328, eff. 1-1-98.)
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