(70 ILCS 200/Art. 205 heading)
(70 ILCS 200/205-1)
Sec. 205-1.
Short title.
This Article may be cited as the Peoria Civic
Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-5)
Sec. 205-5.
Definitions.
When used in this Article:
"Authority" means Peoria Civic Center Authority.
"Board" means the governing and administrative body of the Peoria Civic
Center Authority.
"City" means the City of Peoria, Illinois.
"City clerk" means the City Clerk of the City of Peoria, Illinois.
"City council" means the City Council of the City of Peoria, Illinois.
"Net revenues" means the revenues of the Authority exclusive of taxes
after deducting all costs of operation and maintenance and such reserves as
may be deemed necessary or advisable by the Authority.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-10)
Sec. 205-10.
Creation of Authority; principal office.
There is hereby created a political subdivision, body politic and
municipal corporation by the name and style of Peoria Civic Center
Authority whose boundaries are coextensive with the City of Peoria, as the
same are now or may be in the future.
The principal office of the Authority shall be in the City of Peoria.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-15)
Sec. 205-15. Rights and powers. The Authority shall have the following rights and powers:
(a) To purchase, own, construct, lease as lessee or in any other way
acquire, improve, extend, repair, reconstruct, regulate, operate, equip and
maintain fair and exposition grounds, convention or exhibition centers and
civic auditoriums, including sites and parking areas and facilities
therefor located within the City area, and to lease air space over and
appurtenant to such facilities;
(b) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fairs, exhibits, shows and events whether conducted by the Authority or
some other person or governmental agency;
(c) To exercise the right of eminent domain, to acquire sites for such
grounds, centers and auditoriums, and parking areas and facilities in the
manner provided for the exercise of the right of
eminent domain under the Eminent Domain Act;
(d) To fix and collect just, reasonable and nondiscriminatory charges
for the use of such parking areas, and facilities, grounds, centers and
auditoriums and admission charges to fairs, shows, exhibits and events
sponsored or 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 of any bonds issued by the Authority;
(e) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 200/205-17)
Sec. 205-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 200/205-20)
Sec. 205-20.
Power to acquire property.
The Authority shall have the power (i) to acquire and accept by purchase,
lease, gift, or otherwise any property or rights useful for the Authority's
purposes from any person or
persons, any municipal corporation, body politic, or agency of the State,
or from the State itself, (ii) to apply
for and
accept grants, matching grants, loans or appropriations from the State of
Illinois or any agency or instrumentality thereof to be used for any of the
purposes of the Authority, and (iii) to enter into any agreement with
the State of
Illinois in relation to such grants, matching grants, loans or
appropriations, with the power to use any gift, grant, or other income for
any lawful purpose of the Authority including the abatement of any taxes
levied or assessed pursuant to the terms of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-25)
Sec. 205-25.
Grants from federal government.
The Authority shall have the power to apply for and accept grants,
matching grants, loans or appropriations from the federal government or any
agency or instrumentality thereof to be used for any of the purposes of the
Authority and to enter into any agreement with the federal government in
relation to such grants, matching grants, loans or appropriations with the
power to use any gift, grant, or other income for any lawful purpose of the
Authority including the abatement of any taxes levied or assessed pursuant
to the terms of this Article.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-30)
Sec. 205-30.
Levy of taxes.
For all preliminary expenses, architectural, engineering,
accounting,
legal and otherwise that are incident to the proper planning and
development of a civic center; for the purpose of payment for land that
is leased, condemned or purchased for an exposition, convention,
exhibition center for auditorium and other supporting facilities of a
like nature necessary or desirable for the proper development of a civic
center; for the purchase, construction, equipping, supplying and
furnishing of such grounds and buildings and for the payment of all
expenses incident thereto; for the payment of the principal and interest
on bonds of the Authority issued pursuant to Section 205-35 and
for all other corporate purposes set forth in this Article, the
City Council
may, upon the request of the Board, levy, upon all taxable property in
the City, without referendum, a tax that will produce an aggregate
amount not exceeding $300,000, exclusive of any amounts levied for the
payment of principal and interest on the bonded interest of the
Authority. This tax need not be levied in one year but may be levied in
a period of up to 10 years so long as the total limit of $300,000 is not
exceeded. Thereafter, if the proposition for the levy of such a tax has
been submitted to the electors of the City at an election and has received the
affirmative vote of those voting on the proposition, the City Council
may levy annually, upon all taxable property in the City, a tax at a
rate not exceeding .05% of the value of the taxable property in the
City, as equalized or assessed by the Department of Revenue which rate limitation
is exclusive of any amount levied for the
payment of principal and interest on the bonded indebtedness of the
Authority. The City Council may order such proposition submitted, in accordance
with the general election law by adoption of a resolution so ordering and
certified in accordance therewith.
All net revenues received by the Authority shall be credited against
all taxes that are levied or assessed pursuant to the provisions of this
Section and said tax levied shall be abated accordingly on an annual
basis.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-35)
Sec. 205-35.
Borrowing money; revenue bonds; nature
of indebtedness; investment in 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 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 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 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 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.
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 its facilities 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.
Under no circumstances shall any revenue bonds issued by the Authority
be or become an indebtedness or obligation of the State of Illinois or of
any other political subdivision of or municipality within the State, nor
shall any such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income as aforesaid.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations; political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on an
insurance business and all executors, administrators, guardians, trustees
and other fiduciaries may legally invest any sinking funds, moneys or other
funds belonging to them or within their control in any bonds issued
pursuant to this Article, it being the purpose of this Section to
authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this Section may be construed as relieving any person from any
duty of exercising reasonable care in selecting securities for investment.
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.)
(70 ILCS 200/205-40)
Sec. 205-40.
Bonds other than revenue
bonds; election; tax.
The Authority may, with the consent of the City Council expressed by
ordinance, and pursuant to referendum hereinafter provided borrow money
and incur an indebtedness and issue bonds therefor in the amount or
amounts not to exceed in the aggregate 2% of the total value of the
taxable property of the Authority as equalized or assessed by the
Department of Revenue for the purpose of exercising its
powers under this Article, including but not to be limited to the
purpose of
project planning, the purchasing, leasing, condemning or otherwise
acquiring site property, the construction and furnishing of all
buildings and other improvements directed pursuant to this Article
including
all reasonable landscape and site preparation and including interest on
its bonds for the period of construction and not exceeding one year
thereafter; and to issue general obligation bonds as evidence of the
indebtedness incurred. In addition to other purposes, such bonds may be
issued for the purpose of refunding outstanding general obligation bonds
of the Authority, provided that any refunding bonds will not require
consent of the City Council. Such bonds shall be issued in the corporate
name of the Authority and they shall be sealed with the corporate seal
of the Authority and signed by the chairman and the secretary of the
Board, provided that the signature of the chairman may be his facsimile
signature. Coupons on all bonds shall bear the facsimile signatures of
the chairman and the secretary. Bonds may be made registrable as to
principal only on the books of the treasurer but coupons shall remain
transferable by delivery merely notwithstanding any such
registration.
The bonds shall bear interest at a rate or rates of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature within 40 years from
the date of issuance, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time and
in the manner and at such premium as may be provided in the bond
resolution. The proceeds of the sale of said bonds shall be received by the
treasurer of the Authority and expended by the Board for the purpose or
purposes provided in the bond resolution.
Bonds may be sold upon such terms and in such manner as may be
designated by the Authority provided that no sale shall be made at less
than par and accrued interest and further provided that the principal of
and interest on any such bonds shall be made payable at such bank or
banks as may be designated by the Authority.
No bonds, other than revenue bonds issued pursuant to Section 205-35, shall be issued by the Authority until the proposition to issue the same
has been submitted to and approved by a majority of the voters residing in the
City of Peoria voting upon the proposition at an
election in accordance with the general election law. The Authority may
by resolution order such proposition submitted at a regular election in
accordance with the general election law, whereupon the recording officer
shall certify the resolution and the proposition to the proper election
officials for submission. Any
proposition to issue bonds as herein set forth shall be in
substantially the following form:
--------------------------------------------------------------
Shall bonds of the Peoria Civic Center YES
Authority to the amount of Dollars ($....) ------------------
be issued for the purpose of....? NO
--------------------------------------------------------------
If a majority of the votes cast on the proposition are in the
affirmative, the Authority may levy and collect annually a sum
sufficient to pay for the annual principal and interest charges on such
bonds; provided, that such tax levy shall be reduced by a sum equal to
such grants or matching grants as the Authority shall receive, in any
year, for this purpose.
Such taxes proposed by the Authority to be levied upon the taxable
property within the City of Peoria shall be levied in the ordinance
providing for the issuance of the bonds. Within 10 days after its
adoption, the ordinance shall be published at least once in a newspaper
published and having a general circulation within the City of Peoria.
After it has been so published, a certified copy of the ordinance shall
be filed with the county clerk and shall constitute the authority for
the county clerk annually to extend and collect the taxes necessary to
pay the principal of and the interest on the bonds so issued.
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.)
(70 ILCS 200/205-45)
Sec. 205-45.
Board of Commissioners.
The governing and administrative body of the Authority shall be a Board
of Commissioners consisting of 7 members to be appointed by the
Mayor
of the City of Peoria with the advice and consent of the City Council.
Within 10 days of such appointments, the Mayor of the City of
Peoria
shall file with the City Clerk a certificate of appointment for each
commissioner so appointed. Upon such filing, the persons so appointed shall
constitute the Board of Commissioners of the Peoria Civic Center Authority
and upon taking the oath of office as hereinafter provided shall be deemed
to have qualified and to be empowered to exercise the powers and authority
prescribed in this Article.
The initial terms of such Commissioners shall be 2 terms for
5
years, 2 terms for 4 years and one term for each of
3 years, 2
years and one year respectively. The length of the term of the first
Commissioners shall be determined by lots at their first meetings. The
initial terms of office of Commissioners who are to so hold office shall
continue until July 1, which next follows the expiration of the respective
periods from the date of the filing of the certificate of appointments in
the office of the City Clerk, as aforesaid, and until their successors are
appointed and qualified by taking their oath of office.
At the expiration of the term of each of the Commissioners, and of each
succeeding Commissioner or in the event of a vacancy, resignation, removal
or refusal to act, the Mayor of the City of Peoria shall appoint a
Commissioner in the manner hereinabove provided, to hold office in the case
of a vacancy occurring for whatever reason, for the unexpired term or in
the case of expiration, for a term of 5 years, and until his
successor
is appointed and has qualified. Each appointment shall become effective
upon the filing by the Mayor of a certificate of the appointment in the
office of the City Clerk. Any commissioner may be appointed to succeed
himself.
No commissioner shall receive any compensation, whether in form of
salary, per diem allowance or otherwise, for or in connection with his
services as such commissioner. Each Commissioner, however, shall be
entitled to reimbursement for any necessary expenditures in connection with
the performance of his duties.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-50)
Sec. 205-50.
Oath and qualification.
Each person appointed as a member of the Board of Commissioners shall
qualify by taking or subscribing to an oath to uphold the Constitution
of the United States and of the State of Illinois and to well and
faithfully discharge his duties, which oath shall be filed with the
secretary of the Commission.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-55)
Sec. 205-55.
Meetings; selection of chairman,
secretary, and treasurer.
The Commissioners appointed pursuant to the foregoing
provisions of this Article shall constitute the Board of
Commissioners of the Peoria Civic Center Authority. The government, control and
management of the affairs of the Civic Center shall be vested in the Board of
Commissioners and such Board shall possess and exercise all of the powers
granted under this Article
and such other powers, but not inconsistent with this Article, as
may be necessary to effectuate the purposes of this Article.
The Mayor of the City of Peoria shall call the first meeting of the
Board of Commissioners. He shall give notice in writing to each member of
the Board of the time and place of the meeting not less than 5 days prior
to the meeting and shall preside over the meeting until the members have
elected a chairman. The members, at the initial meeting, shall first draw
lots to determine their terms of office which shall be entered of record in
the proceedings of the Board.
The Board of Commissioners at the initial meeting shall elect one of
their members as chairman. At such meeting or at a later meeting, the Board
shall elect or appoint a secretary and treasurer and such other officers as
they may deem necessary for such terms as they may decide upon. The
secretary and treasurer need not be commissioners, and if such officers are
not commissioners, they shall receive compensation in such amount as shall
be determined by the Board. At such meeting, or at a later meeting, the
Commissioners shall adopt a corporate seal, by laws, rules and regulations
suitable to the purposes of this Article, which shall provide a
time for the
election of officers and of other regular and special meetings of the
Commissioners, and shall contain the rules for the transaction of other
business of such Peoria Civic Center Authority and for amending such
by-laws, rules and regulations.
The Board of Commissioners shall have full power to pass all necessary
ordinances, resolutions, rules and regulations for the proper management
and conduct of the business of the Board of Commissioners and of the Peoria
Civic Center Authority and for carrying into effect the object for which
such Peoria Civic Center Authority is created.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-60)
Sec. 205-60.
Quorum; records.
A majority of the Board of Commissioners shall constitute a quorum for
the transaction of the business thereof. The concurring vote of a majority
of all the Commissioners shall be required for the exercise of any of the
powers granted by this Article.
All records of the Authority shall be open to
public inspection at all reasonable hours.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-65)
Sec. 205-65.
Treasurer; deposit of funds.
The treasurer of the Peoria Civic Center Authority shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Article and of all revenues derived from the operation
of any
project under this Article and of all other revenues from whatever
source
received. The treasurer shall keep all funds and monies belonging to the
Peoria Civic Center Authority in such places of deposit as may be
designated by resolution of the Board of Commissioners, provided, however,
that only a regularly organized State or national bank which is a member of
the Federal Deposit Insurance Corporation, or a savings and loan association
which is a member of the Federal Savings and Loan Insurance Corporation
may be designated as a
depository. When a bank or savings and loan association has been designated
as a depository it shall
continue as such depository until 10 days have elapsed after a
new
depository is designated and has qualified by furnishing the statements of
resources and liabilities as required by this Section. When a new
depository is designated, the Board of Commissioners shall notify the
surety of the treasurer of that fact, in writing, at least 5
days
before the transfer of funds. The treasurer shall be discharged from
responsibility for all funds or money which he deposits in a designated
bank or savings and loan association, while the funds and money are
so deposited. The treasurer may,
and at the direction of the Authority shall, invest all monies of the
Authority not needed within 30 days thereafter in direct or fully
guaranteed obligations of the United States Government or in certificates
of deposit of banks or savings and loan associations eligible as depositories
of funds of the Authority and
fully secured by such obligations.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-70)
Sec. 205-70.
Contracts.
Any contract let for the construction, repair, alteration or improvement
of any building or buildings, the demolition thereof, or removal of debris
resulting therefrom, or any other contract let for any other type of
construction or repair work, shall contain provisions requiring the
contractor or other person, firm or corporation undertaking such work to
give bond in such amount and with such surety, conditioned for the faithful
performance of the contract as the Board of Commissioners may determine.
The Board of Commissioners shall also require such contractor or other
persons, firm or corporation to furnish insurance of a character and amount
to be determined by the Board of Commissioners, protecting the Authority,
its Commissioners, officers, agents, and employees, against any claims for
personal injuries (including death) and property damage that may be
asserted because of the doing of the work.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-75)
Sec. 205-75.
Bidding; advertisement.
All contracts to be let for the construction, alteration, improvement,
repair, enlargement, demolition or removal of any buildings or their
facilities, or for materials or supplies to be furnished, where the amount
thereof is in excess of $10,000 shall be let to the lowest
responsible
bidder, or bidders on open competitive bidding after public advertisement
published at least once in each week for 3 consecutive weeks
prior to
the opening of bids, in a daily newspaper of general circulation in the
county where the Authority is located, except (i) when repair parts,
accessories, equipment, or services are
required for
equipment or services previously furnished or contracted for or (ii) when the
nature of the
services is such that competitive bidding is not in the best interest of the
public.
Nothing contained in this Section
shall be construed to prohibit the Board of Commissioners from placing
additional advertisements in recognized trade journals. Advertisements for
bids shall describe the character of the proposed contract in sufficient
detail to enable the bidders thereon to know what their obligation will be,
either in the advertisement itself, or by reference to detailed plans and
specifications on file in the office of the Peoria Civic Center Authority
at the time of the publication of the first announcement. Such
advertisement shall also state the date, time, and place assigned for the
opening of bids and no bids shall be received at any time subsequent to the
time indicated in said advertisement. The Board of Commissioners may reject
any and all bids received and readvertise for bids. All bids shall be open
to public inspection in the office of the Peoria Civic Center Authority for
a period of at least 48 hours before award is made.
In determining the responsibility of any bidder, the Board may consider the
bidder's past
record of dealings, experience, adequacy of equipment, ability to timely
complete
performance, and other factors besides financial responsibility. In no case,
however,
shall any contract be awarded to any bidder other than the lowest bidder unless
authorized or approved by the affirmative vote of at least 5 members of the
board and
unless the award is accompanied by a statement in writing setting forth the
reasons for
not awarding the contract to the lowest bidder, which must be kept on file in
the office of
the Authority and be open to the public for inspection.
The
successful bidder for such work shall enter into contracts furnished and
prescribed by the Board of Commissioners and in addition to any other bonds
required under this Article the successful bidder shall execute and
give bond,
payable to and to be approved by the Authority, with a corporate surety
authorized to do business under the laws of the State of Illinois, in an
amount to be determined by the Board of Commissioners, conditioned upon the
payment of all labor furnished and materials supplied in the prosecution of
the contracted work. If the bidder whose bid has been accepted shall
neglect or refuse to accept the contract within 5 days after
written
notice that the same has been awarded to him, or if he accepts but does not
execute the contract and give proper security, the Authority may accept the
next lowest bidder, or readvertise and relet in manner above provided.
In case any work shall be abandoned by any contractor the Authority may,
if the best interest of the Authority be thereby served, adopt on behalf of
the Authority all sub-contracts made by such contractor for such contractor
for such work and all sub-contractors shall be bound by such adoption if
made; and the Authority shall, in the manner provided herein, readvertise
and relet the work specified in the original contract exclusive of so much
thereof as shall be accepted. Every contract, when made and entered into,
as herein provided for, shall be executed in duplicate, one copy of which
shall be held by the Authority, and filed in its records
and one copy of
which shall be given to the contractor.
(Source: P.A. 93-491, eff. 1-1-04.)
(70 ILCS 200/205-80)
Sec. 205-80.
Dissolution of Authority.
If there have not been any bonds issued and the Authority has no other
indebtedness, the Authority may be dissolved upon the filing in the office
of the recorder a resolution adopted by both the Board of
Commissioners of the Authority and the City Council of the City of Peoria
approving such dissolution.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-85)
Sec. 205-85.
Annual
report and financial statement.
As soon after the end of each fiscal year as may be expedient, the
Authority shall cause to be prepared and printed a complete and detailed
report and financial statement of its operations and of its assets and
liabilities. A reasonably sufficient number of copies of such report shall
be printed for distribution for persons interested, upon request, and a
certified copy thereof shall be filed with the City Clerk.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-90)
Sec. 205-90.
Ordinary
and necessary expenses; tax anticipation warrants.
When there is not sufficient money in the treasury to meet the ordinary
and necessary expenses and liabilities of the Authority, the City Council,
upon request of the Board, shall order issued warrants against and in
anticipation of any taxes levied for the payment of the expenditures for
such expenses and liabilities, to the extent of 75% of the total amount of
the taxes levied for those purposes.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/205-95)
Sec. 205-95.
Warrants in anticipation of taxes; form
and terms. Warrants drawn and issued under Section 205-90 shall
be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from the taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. The warrants shall be signed by the chairman and secretary of
the Board. The taxes against which the warrants are drawn shall be set
apart and held for their payment as herein provided. The warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, from the date of their issuance
until paid, or until notice is given by publication in a newspaper or
otherwise that the money for their payment is available and that they will
be paid on presentation. The Authority may alternatively issue its
corporate notes in lieu of tax anticipation warrants in accordance with the
provisions of the law of the State of Illinois then in effect.
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.)
(70 ILCS 200/205-100)
Sec. 205-100. Partial invalidity. The provisions of this Article and the applications thereof to any
person or
circumstance are declared to be severable.
If any Section, clause, sentence, paragraph, part or provision of this
Article shall be held to be invalid by any court, it shall be
conclusively
presumed that the remaining portions of this Article would have
been passed by
the Legislature without such invalid Section, clause, sentence, paragraph,
part or provision.
If the application of any Section, clause, sentence, paragraph, part or
provision of this Article to any person or circumstances is held
invalid, such
invalidity shall not affect the application thereof to other persons or
circumstances.
(Source: P.A. 97-813, eff. 7-13-12.)
(70 ILCS 200/205-105)
Sec. 205-105.
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 2-45. Insurance.
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.)
Structure Illinois Compiled Statutes
Chapter 70 - SPECIAL DISTRICTS
70 ILCS 200/ - Civic Center Code.
Article 2 - Standard Civic Center Provisions
Article 5 - Aledo Civic Center
Article 10 - Aurora Civic Center
Article 15 - Benton Civic Center
Article 20 - Bloomington Civic Center
Article 25 - Boone County Community Building Complex
Article 30 - Bowdre Township Civic Center
Article 35 - Brownstown Park District Civic Center
Article 40 - Carbondale Civic Center
Article 45 - Cave In Rock Township Civic Center
Article 50 - Centre East Civic Center
Article 55 - Chicago South Civic Center
Article 60 - Collinsville Civic Center
Article 65 - Columbia Civic Center
Article 70 - Crystal Lake Civic Center
Article 75 - Decatur Civic Center
Article 80 - Dupage County Civic Center
Article 85 - Elgin Civic Center
Article 90 - Forest Park Civic Center
Article 95 - Herrin Civic Center
Article 100 - Illinois International Convention Center
Article 105 - Illinois-Michigan Canal National Heritage Corridor Civic Center
Article 110 - Illinois Valley Civic Center
Article 115 - Jasper County Civic Center
Article 120 - Jefferson County Civic Center
Article 125 - Jo Daviess County Civic Center
Article 130 - Katherine Dunham Metropolitan Exposition And Auditorium Authority
Article 140 - Leyden Township Space Needs Authority
Article 145 - Marengo Civic Center
Article 150 - Mason County Civic Center
Article 155 - Matteson Civic Center
Article 160 - Maywood Civic Center
Article 165 - Melrose Civic Center
Article 170 - Metropolitan Civic Center
Article 175 - Milford Civic Center
Article 180 - Normal Civic Center
Article 185 - Oak Park Civic Center
Article 190 - Orland Park Civic Center
Article 195 - Ottowa Civic Center
Article 200 - Pekin Civic Center
Article 205 - Peoria Civic Center
Article 210 - Pontiac Civic Center
Article 215 - Quad City Civic Center
Article 220 - Quincy Civic Center
Article 225 - Randolph County Civic Center
Article 230 - River Forest Civic Center
Article 235 - Riverside Civic Center
Article 240 - Rockford Civic Center
Article 245 - Salem Civic Center
Article 250 - Sheldon Civic Center
Article 255 - Springfield Metropolitan Exposition And Auditorium Authority
Article 260 - Sterling Civic Center
Article 265 - Vermilion County Civic Center
Article 270 - Waukegan Civic Center
Article 275 - West Frankfort Civic Center
Article 280 - Will County Metropolitan Exposition And Auditorium Authority
Article 900 - Codification Provisions