(70 ILCS 200/255-30)
Sec. 255-30.
Borrowing; revenue bonds.
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.
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 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, 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
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 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, 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.)
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