2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 9.1 - Powers (Continued) Golf Courses

(70 ILCS 1205/Art. 9.1 heading)
ARTICLE 9.1  
		POWERS (CONTINUED) GOLF COURSES
(70 ILCS 1205/9.1-1) (from Ch. 105, par. 9.1-1)
Sec. 9.1-1. 
		
		Any park district has the power, subject to the
limitations of Sections 9.1-1 through 9.1-6 of this Article to
acquire, construct and operate golf courses and toilet, locker and other
necessary facilities pertinent thereto, and extend or improve such
courses and facilities, borrow money, and as evidence thereof to issue
its bonds, payable solely from the revenue derived from the operation of
such golf courses and facilities. These bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the acquisition or construction, or extension
or improvement of
golf courses and facilities, including engineering, legal, and other
expenses, together with interest on the bonds to a date 6 months
subsequent to the estimated date of the completion. The bonds are
negotiable instruments and shall be executed by the president and
secretary of the district and countersigned by the treasurer.
(Source: P.A. 80-1495.)
(70 ILCS 1205/9.1-2) (from Ch. 105, par. 9.1-2)
Sec. 9.1-2. 
		
		Whenever any park district determines to acquire or
construct, or extend or improve a golf course and facilities and to
issue bonds under Section 9.1-1 of this Article to pay the cost thereof,
its board shall adopt an ordinance describing in a general way the
contemplated project and refer to plans and specifications therefor.
These plans and specifications shall be filed in the office of the
secretary of the district and shall be open for inspection by the
public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not exceed the maximum rate authorized by the
Bond Authorization Act, as amended at time of the making of the contract,
payable annually or semi-annually, and all
the details in connection with the bonds.  The bonds shall mature within
the period of usefulness of the project as determined by the board.  The
ordinance may also contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed
necessary or advisable for the assurance of the payment of the bonds
thereby authorized.  The ordinance shall also pledge the revenue derived
from the operation of the golf course for the purpose of paying
maintenance and operation costs, providing an adequate depreciation
fund, and paying the principal and interest of the bonds issued
hereunder.  The ordinance may also pledge the revenue derived from the
operation of an existing golf course, or courses, and appurtenant
facilities, for such purpose.
After this ordinance has been adopted it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or, if there is no such
newspaper, then in some newspaper having a general circulation in the
county wherein such district or the greater or greatest portion in area
of such district lies. The publication or posting of the ordinance shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the adoption of the ordinance be
submitted to the electors of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum. The
Secretary of the governing board of the park district shall provide a
petition form to any individual requesting one.
If no valid petition requesting a referendum is filed with the secretary
of the district within 30 days after the publication or posting of the
ordinance, the ordinance shall be in effect.  But if within this 30 day
period a petition is so filed, signed by electors of the district equal to
10% or more of the registered voters in the district, asking that the
question of acquiring and operating or constructing and operating such a
golf course, or extending or improving such a golf course, and the issuance
of such bonds be submitted to the electors of the district, the board shall
certify such question to the proper election officials, who shall submit
that question at an election held in the district.
The proposition shall be in the following
form:
--------------------------------------------------------------
Shall the..... Park
District issue  Revenue Bonds          YES
for acquiring (or constructing, or  --------------------------
extending, or improving)               NO
a golf course?
--------------------------------------------------------------
Notice of such referendum shall be given and such referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
acquiring and operating, or constructing and operating the golf course,
or extending or improving such golf course, and the issuance of the
bonds, the ordinance shall be in effect, otherwise the ordinance shall
not go into effect.
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; 87-767.)
(70 ILCS 1205/9.1-3) (from Ch. 105, par. 9.1-3)
Sec. 9.1-3. 
		
		Bonds issued under Section 9.1-1 of this Article shall be
payable solely from the revenue derived from the operation of the golf
course, or courses, and shall not in any event constitute an indebtedness
of the park district within the meaning of any constitutional or statutory
limitation. It shall plainly state on the face of each bond that the bond
has been issued under Sections 9.1-1 through 9.1-6 of this Article, and
that it does not constitute an indebtedness of the park district within any
constitutional or statutory limitation.
The bonds shall be sold in such manner, to such persons and upon such
terms as the board shall determine. If they are issued to bear interest at
the maximum rate applicable at the time of issuance, they shall be sold for
not less than par and accrued interest. If they are issued to bear interest
at a rate less than the maximum rate applicable at the time of issuance,
the minimum price at which they may be sold shall be such that the interest
cost to the park district of the proceeds of the bonds shall not exceed the
maximum rate applicable at the time of issuance, computed to maturity,
according to the standard table of bond values.
(Source: P.A. 76-244.)
(70 ILCS 1205/9.1-4) (from Ch. 105, par. 9.1-4)
Sec. 9.1-4. 
		
		Whenever revenue bonds are issued under Section 9.1-1 of this
Article, all revenue derived from the operation of the golf course, or
courses, shall be deposited in a separate fund designated as the "Golf
Course Fund" of the park district. This fund shall be used only in paying
the cost of operation and maintenance of the golf course, or courses, in
providing an adequate depreciation fund, and in paying the principal of and
interest upon the revenue bonds of the district issued under Section 9.1-1
of this Article.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the golf course, or courses. Such a fund shall not be allowed to accumulate
beyond a reasonable amount necessary for the purpose and shall not be used
for extensions to the golf course, or courses.
(Source: Laws 1965, p. 239.)
(70 ILCS 1205/9.1-5) (from Ch. 105, par. 9.1-5)
Sec. 9.1-5. 
		
		Each park district which issues bonds and acquires or constructs,
or extends or improves a golf course and facilities shall charge for the
use thereof at a rate which at all times is sufficient to pay maintenance
and operation costs, depreciation, and the principal and interest on the
bonds. Such district may make, enact, and enforce all needful rules and
regulations for the construction, acquisition, improvement, extension,
management, maintenance, care and protection of its golf course and for the
use thereof. Charges or rates for the use of the golf course or courses
shall be such as the board may from time to time determine.
While any bond issued under Section 9.1-1 of this Article is outstanding
such district is required to maintain and operate its golf course or courses,
as long as it can do so, out of the revenue derived from the operation thereof.
It shall not sell, lease, loan, mortgage, or in any other manner dispose
of the golf course or courses until all of the bonds so issued have been
paid in full, both principal and interest, or until provision has been made
for the payment of all of the bonds and interest thereon in full.  Nothing
in this Section prohibits any park district from leasing any such golf course
and facilities to any school district, municipality, or other unit of local
government, or from entering into any other agreement with any school district,
municipality, or other unit of local government by which lease or other
agreement such golf course and facilities may be operated or used in whole
or in part by or for such school district, municipality, or other unit of
local government, where such lease or other agreement is not prohibited
by the terms of such revenue bonds or the ordinance of the park district
authorizing them and where the revenues of the park district derived from
such lease or other agreement are deposited in the fund required by Section
9.1-4 of this Act in connection with such revenue bonds.
Such a park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of its
golf course.  At least once each year, the district shall have the accounts
properly audited.  A report of this audit shall be open for public
inspection at all times.
(Source: P.A. 79-1423.)
(70 ILCS 1205/9.1-6) (from Ch. 105, par. 9.1-6)
Sec. 9.1-6. 
		
		The holder of any bond or of a coupon of any bond issued under
Section 9.1-1 of this Article in any civil action, mandamus, injunction or
other proceeding, may enforce and compel performance of all duties required by
Sections 9.1-1 through 9.1-5 of this Article. This shall include the
duties of establishing and collecting sufficient rates or charges for the
use of the golf course or courses for the purposes specified in Section
9.1-5 of this Article, and the application of the revenue thereof as
provided by Section 9.1-4 of this Article.
(Source: P.A. 83-345.)