(70 ILCS 200/Art. 105 heading)
(70 ILCS 200/105-1)
Sec. 105-1.
Short title.
This Article may be cited as the
Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-5)
Sec. 105-5.
Definitions.
When used in this Article:
“Authority” means the Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority.
“Board” means the governing and administrative body of the Illinois-Michigan
Canal National Heritage Corridor Civic Center Authority.
“Metropolitan area” means all that territory in the State of Illinois lying
within the municipalities of Lyons, McCook, Hodgkins,
Countryside, Indianhead Park, Willow Springs, Justice, Bridgeview, Bedford
Park, Summit and Lemont, and all the incorporated area lying within the Village
of Burr Ridge, all the unincorporated area lying within Cook and DuPage County,
which is bounded on the North by the north line of the Des Plaines River, on
the west by a line 10,000 feet west of the center line of Illinois Rt. 83, on
the south by the north line of the Sanitary & Ship Canal, and all the
unincorporated area lying within Cook and DuPage County which is bounded on
the northwest by the north line of the Sanitary Drainage & Ship Canal, on
the South by the Calumet Sag Channel, and on the East by the center line of
Illinois Rt. 83, and all the area not lying within a city, village or
incorporated town lying within Lemont Township which is located north of a
line commencing at the
intersection of the east line of Lemont Township and McCarthy Road (123rd
Street), thence westerly until the intersection of McCarthy Road and
Archer Avenue, thence southwesterly until the intersection of Archer Avenue
and 127th Street, thence westerly to the west line of Lemont Township, and
all the unincorporated municipal area lying within Community College
District No. 524, located in Lyons and Palos Townships, lying north of a
line commencing at a point which is the intersection lines of Harlem Avenue
and Archer Road, thence southwesterly along the center line of Archer Road
to the center line of 96th Avenue (LaGrange Road), thence southerly along
said center line of 96th Avenue to the center line of McCarthy Road (123rd
Street), thence westerly along the center line of McCarthy Road to the west
line of Palos Township.
(Source: P.A. 90-328, eff. 1-1-98; 90-655, eff. 7-30-98.)
(70 ILCS 200/105-10)
Sec. 105-10.
Authority created; principal office.
There is
hereby created a political subdivision, body politic and
municipal corporation by the name and style of Illinois-Michigan Canal
National Heritage Corridor Civic Center Authority in
the metropolitan
area.
The principal office
of the Authority shall be temporarily in the Village of Summit.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-15)
Sec. 105-15.
Duties.
It shall be the duty of the Authority
to promote the Illinois-Michigan
Canal and those capital projects which are in support of the operation of
the Illinois-Michigan Canal National Corridor and to operate and maintain
boat ramps, nature paths, campgrounds and other recreational facilities
in the metropolitan area.
The Authority is granted all rights and powers necessary to perform such
duties, except the power of eminent domain.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-20)
Sec. 105-20.
Rights and powers.
The Authority shall have
the following rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain land and buildings, including sites for boat ramps,
campgrounds, nature paths and other recreational and parking areas and
facilities therefor located within the metropolitan area. Nothing in this
Section shall be construed to grant the Authority the power of eminent domain.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such facilities and to allow the use of such facilities
whether conducted by the Authority or some other person or governmental agency.
(d) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds and
buildings held by the Authority. The charges collected may be made
available to defray the reasonable expenses of the Authority and to pay the
principal of and the interest on any bonds issued by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-25)
Sec. 105-25.
Borrowing; revenue bonds.
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 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 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 as provided in Section 2 of 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
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 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 permitted by law, the bonds
shall be sold for not less than par and accrued interest.
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 such
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 recreational activities
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.)
(70 ILCS 200/105-30)
Sec. 105-30.
Board created.
The governing and
administrative body of the Authority shall be a board
consisting of 12 members and shall be known as the Illinois-Michigan Canal
National Heritage Corridor Civic Center Board. The
members of the board
shall be individuals of generally recognized ability and integrity.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-35)
Sec. 105-35.
Board members appointed.
Within 60 days
after July 1, 1984 (the effective date of Public Act 83-893), the Mayor of
each municipality within the metropolitan area,
with the advice and consent of the governing body thereof, shall appoint one
member of the board for a term of 4 years,
such terms commencing on the date each is appointed.
The additional member authorized by Public Act 85-791 shall be
appointed by the Village President of Burr Ridge within 60 days after January
1, 1988 (the effective date of Public Act 85-791).
At the expiration of the term of any member, his successor shall be
appointed by the Mayor of the appropriate municipality in like manner. All
successors shall hold
office for a term of 4 years from the date of appointment, except in case
of an appointment to fill a vacancy.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-38)
Sec. 105-38.
Organization of the Board.
As soon as
practicably possible after the appointment of the initial
members, the Board shall organize for the transaction of business, select a
chairman and a temporary secretary from its own number, select a location
for its principal office and adopt bylaws and regulations to govern its
proceedings. The initial chairman and his
successors shall be elected by the Board from time to time for the term of
his office as a member of the Board.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-40)
Sec. 105-40.
Quorum; action by vote of 7 Board members.
Board. A majority of the members of the Board shall constitute a quorum
for the transaction of business. All action of the Board shall be by ordinance
or
resolution and the affirmative vote of at least 7 members shall be
necessary for the adoption of any ordinance or resolution.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/105-45)
Sec. 105-45.
Contracts; bidding.
All contracts for sale
of property of the value of more than $10,000 or
for a concession in or lease of property, including air rights, of the
Authority for a term of more than one year shall be awarded to the highest
responsible bidder, after advertising for bids. All construction contracts
and contracts for supplies, materials, equipment and services, when the
expense thereof will exceed $10,000, shall be let to the lowest responsible
bidder, after advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment or services
previously furnished or contracted for; (2) when the nature of the services
required is such that competitive bidding is not in the best interest of
the public, including, without limiting the generality of the foregoing,
the services of accountants, architects, attorneys, engineers, physicians,
superintendents of construction, and others possessing a high degree of
skill; and (3) when services such as water, light, heat, power, telephone
or
telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best interests of the
public.
Competitive bidding is not required for the lease of real estate or buildings
owned or controlled by the Authority. The Board is empowered to offer such
leases upon such terms as it deems advisable.
In determining the responsibility of any bidder, the Board may take in
account the past record of dealings with the bidder, the bidder’s
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least 4/5 of the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the Authority and open to public
inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
(70 ILCS 200/105-50)
Sec. 105-50.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-35. Acquisition of property from person, State, or local
agency.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-55. Bonds; nature of indebtedness.
Section 2-60. Investment in bonds.
Section 2-76. Board members; financial matters; compensation for secretary
or treasurer; conflict of interest.
Section 2-80. Board members’ oath.
Section 2-83. Removal of Board member from office.
Section 2-85. Board members; vacancy in office.
Section 2-97. Board meetings; public records.
Section 2-100. Secretary; treasurer.
Section 2-105. Funds.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-135. Report and financial statement.
Section 2-140. State financial support.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)