65 ILCS 5/11-45-11
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-45-11)Sec. 11-45-11.         Whenever the commissioners appointed and acting under the  provisions of this Division 45 determine to erect a band-shell or similar  structure for the presentation of concerts or programs in the performing  arts as may be presented by them, or to purchase a site for same, or to  repair, remodel or improve an existing structure, or to build an addition  thereto, or to furnish necessary equipment therefor, or to do any or all of  these things, or to purchase a building and site, and necessary equipment  for the building, or to provide or accumulate a fund for the erection of a  new building or structure, the purchase of such building of an addition  thereto, or to pay for a site for the building or structure, or to purchase  necessary equipment for such, or to do any or all of these things, the  commissioners have the following power:In case a new band-shell or a structure for the performing arts is to be  erected, or an existing structure is to be remodeled, repaired, improved,  or an addition thereto erected, or the grounds adjacent thereto are to be  prepared for seating, lighting, sound and general improvements or necessary  equipment therefor purchased, or any or all of such things are to be done,  the commissioners shall cause a plan for such band-shell or structure, or  for the remodeling, repairing or improving of such band-shell or structure,  and the grounds adjacent thereto, or the purchase of necessary equipment  therefor to be prepared, and an estimate made of the cost. If a site is to  be provided for the same, they shall also cause an estimate to be made of  the cost of such site. If necessary equipment is to be provided, the  commissioners shall cause an estimate to be made of the cost of such  equipment. They may then determine the term of years over which they shall  spread the collection of the cost of such band-shell or structure, or the  remodeling, repairing or improving of an existing structure, or the  erection of an addition thereto, or site, or equipment or any or all of  these things, not exceeding 20 years, and shall make a record of their  proceedings. The commissioners shall transmit a copy of the record of their  proceedings to the city council for its approval. If the city council  approves the action of the band commission or the band and performing arts  commission or the recreation board if designated, it may, by ordinance,  provide that the bonds of the city be issued for the payment of the cost,  so estimated as aforesaid, of the structure, or other repairs or equipment  herein referred to, in which event the ordinance shall also state the time  or times when such bonds, and the interest thereon shall become payable.  The whole of the principal of such bonds and the interest thereon, shall be  payable within 20 years and interest on such bonds shall not exceed the  maximum rate authorized by the Bond Authorization Act, as amended at the  time of the making of the contract. Such interest may be made payable at such  times as the ordinance may prescribe. However, the total tax which may be  levied hereunder for municipal band and/or performing arts purposes, including  the retirement of the bonds herein, shall not exceed the total which may be  authorized by the referendum providing for the levy of a tax as set out in  Section 11-45-2. If the city council adopts such an ordinance, the band  commission or the band and performing arts commission or the recreation  board if designated, shall set aside from the fund each year, a sum  sufficient to pay the principal and interest on such bonds. In addition,  however, any surplus remaining in the fund at the end of any year after  paying the principal and interest on such bonds, and after paying other  expenses for maintaining and employing a municipal band and/or for the  maintenance and conduct of programs in the performing arts, may be applied  to the retirement of such bonds. If, however, the city council shall not  provide that bonds of the city be issued as and for the purposes aforesaid,  but shall otherwise approve the action of the commission, then the  commission shall divide the total cost of the building, improvements or  equipment as they shall determine, to spread the collection thereof, and  shall certify the amount to the city council each year during the term over  which the commissioners shall have determined to spread the collection of  the cost of such building, improvements or equipment, or any or all of  these things.The commission may receive any gifts tendered to be applied on the cost  of such building, improvements or equipment.The city council on receiving the last mentioned certificate shall, in  its next annual appropriation ordinance, include the amount so certified  and shall, for the amount levy and collect a tax to pay the same. The total  amount thus levied, including costs of such building, remodeling or  equipment, shall not exceed the total which may be authorized by the  referendum provided for in Section 11-45-2. However, any surplus remaining  in the fund at the end of any year after setting aside funds for such  purposes and after paying other expenses for maintaining and employing a  municipal band and/or for the maintenance and conduct of programs in the  performing arts, may be applied to the fund being accumulated for such  building, improvements or equipment.Such commissioners shall have authority to enter into contracts to carry  out the purposes of this Division 45 and to take title to any property  acquired by it for municipal band purposes and/or for the maintenance and  conduct of programs in the performing arts by the name of "The Municipal  Band Commission of the City/Village of ...., Illinois" or "The Municipal  Band and Performing Arts Commission of the City/Village of ...., Illinois"  or if designated according to Section 45-7, "The Recreation Board of the  City/Village of ...., Illinois".With respect to instruments for the payment of money issued under this  Section either before, on, or after the effective date of this amendatory  Act of 1989, 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 Act 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 Act that may appear to be or to  have been more restrictive than those Acts.    (Source: P.A. 86-4.)