2023 Illinois Compiled Statutes › Chapter 50 - LOCAL GOVERNMENT › 50 ILCS 455/ - Medical Service Facility Revenue Bond Act.

(50 ILCS 455/1) (from Ch. 85, par. 2401)
Sec. 1. 
		
		This Act may be cited as the
Medical Service Facility Revenue Bond Act.
(Source: P.A. 86-1475.)
(50 ILCS 455/2) (from Ch. 85, par. 2402)
Sec. 2. 
		
		In this Act, unless a different meaning clearly appears from
the context, the following terms shall have the following meanings:
(a) "Authority" means any municipality or county in this State.
(b) "Medical Service Facility" and "facility" means any building set aside
for use as a medical or dental office or clinic, including the land appurtenant
thereto and furnishings and equipment useful for its function.
(c) "Person" means any individual, partnership, copartnership, firm, company,
corporation (including public utilities), association, joint stock company,
trust, estate, political subdivision, state agency or any other legal entity
or its legal representative, agent or assigns.
(Source: P.A. 81-1529.)
(50 ILCS 455/3) (from Ch. 85, par. 2403)
Sec. 3. 
		
		The purpose of this Act is to enable local governmental units
to serve the needs of the public more effectively in the communities of
this State in which the health and welfare of the people are endangered
by the lack of adequate medical service by providing medical service facilities.
(Source: P.A. 81-1529.)
(50 ILCS 455/4) (from Ch. 85, par. 2404)
Sec. 4. 
		An Authority has the power under this Act:
(1) To construct, acquire by gift, purchase or lease, to reconstruct,
improve, better or extend any facility, whether or not now or hereafter
in existence, within or without the boundaries of the authority or partially
within and partially without the authority, but in no event further than
10 miles from the territorial boundaries of such authority, and to acquire
by gift, purchase or lease lands or rights in connection with any facility.
(2) To issue its revenue bonds to defray in whole or in part the costs
of any facility which include the sum total of all reasonable or necessary
costs incidental to the acquisition, construction, reconstruction, repair,
alteration, improvement and extension of a facility including without
limitation the cost of studies and surveys; plans, specifications,
architectural and engineering services; legal, marketing or other special
services; financing, acquisition, demolition, construction, equipment and site
development of new and rehabilitated buildings, rehabilitation, reconstruction,
repair or remodeling of existing buildings and all other necessary and
incidental expenses including an initial bond and interest reserve and interest
which it is estimated will accrue during the construction period and for six
months thereafter or money borrowed or which it is estimated will be borrowed
pursuant to this Act, and to designate an appropriate name for such bonds.
(3) To rent, lease or sell any facility to any person in such manner that
payments to be received with respect to the facility shall produce revenues
and receipts sufficient to provide for the prompt payment at maturity of
principal, interest and redemption premiums, if any, upon all bonds issued
to finance the cost of such facility.
(4) As an alternative, to lend the proceeds of any such revenue bonds
to any person to finance the cost of such facility on terms that will provide
for the prompt payment at maturity of principal, interest and redemption
premiums, if any, upon all bonds issued to finance the cost of such facility.
(5) To pledge to the punctual payment of bonds authorized under this Act,
the interest thereon and the redemption premiums,  if any, the revenues
and receipts to be received from such facility.
(6) To mortgage such facility in favor of the holder or holders of bonds
issued therefor.
(7) To sell and convey such facility, including without limitation the
sale and conveyance thereof subject to a mortgage, if any, as provided in
this Act, for such price and at such time as the governing body of the
authority may determine.  However, no sale or conveyance of such facility shall
ever be made in such manner as to impair the rights or interests of the holder
or holders of any bonds issued to finance the costs of such facility.
(8) To issue its bonds to refund in whole or in part bonds theretofore
issued by such authority under the authority of this Act.
Property acquired by the authority pursuant to the provisions of this Act
shall be exempt from the imposition and collection of taxes thereon while
owned by the authority, but the use of such property is subject to taxation
to be paid by the lessee or occupant as provided in Section 9-195 of the
Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
(50 ILCS 455/5) (from Ch. 85, par. 2405)
Sec. 5. 
		
		The exercise of all powers granted by this Act may be authorized,
and bonds may be authorized to be issued under this Act for the purposes
set forth in this Act, by resolution or ordinance of the governing body
of the authority which may be adopted at the same meeting at which it is
introduced and shall take effect immediately upon adoption.
The bonds shall bear interest at such rate or rates, payable at such times,
may be in one or more series, may bear such date or dates, may mature at
such time or times not exceeding 40 years from their respective dates, may
be payable in such medium of payment at such place or places, may carry
such registration privileges, may be subject to such terms of redemption
at such premiums, may be executed in such manner, may contain such terms,
covenants and conditions, and may be in such form, either coupon or registered,
as such resolution or ordinance may provide or as may be subsequently determined
by the governing body before the bonds are issued.  The bonds may be sold
at public or private sale in such manner and upon such terms as may be deemed
advisable by the governing body of the authority.  Pending the preparation
of the definitive bonds, interim receipts or certificates in such form and
with such provisions as the governing body of the authority may determine,
may be issued to the purchaser or purchasers of bonds sold pursuant to this
Act.  The bonds and interim receipts or certificates shall be deemed to
be securities and negotiable instruments within the meaning and for all
purposes of the "Uniform Commercial Code".
(Source: P.A. 81-1529.)
(50 ILCS 455/6) (from Ch. 85, par. 2406)
Sec. 6. 
		
		Any resolution or ordinance authorizing the issuance of bonds
under this Act may contain covenants as to (a) the use and disposition of
the revenues and receipts from the facility for which the bonds are to be
issued, including the creation and maintenance of reserves; (b) the issuance
of other or additional bonds relating to the facility or any rehabilitation,
improvements, renovations, enlargements or additions thereto; (c) the maintenance
and repair of such facility; (d) the insurance to be carried thereon and
the use and disposition of insurance moneys; (e) the appointment of any
bank or trust company within or outside the State of Illinois, having the
necessary trust powers as trustee for the benefit of the bondholders, paying
agent and bond registrar; (f) the investment of any funds held by such trustee;
and (g) the terms and conditions upon which the holders of the bonds or
any portion thereof or any trustees therefor, are entitled to the appointment
of a receiver.  Any resolution or ordinance authorizing the issuance of
bonds under this Act may provide that the principal of and interest on any
bonds issued under this Act shall be secured by a mortgage or indenture
of trust covering such facility for which the bonds are issued and may include
any improvements or extensions thereafter made.  Such mortgage or indenture
of trust may contain such covenants and agreements to properly safeguard
the bonds as may be provided for in the resolution or ordinance authorizing
such bonds and shall be executed in the manner as may be provided for in
the resolution or ordinance.  The provisions of this Act and any such resolution
or ordinance and any such mortgage or indenture of trust shall constitute
a contract with the holder or holders of the bonds and continue in effect
until the principal of, the interest on, and the redemption premiums, if
any, on the bonds so issued have been fully paid, and the duties of the
authority and its corporate authorities and officers under this Act and
any such resolution or ordinance and any such mortgage or indenture of trust
shall be enforceable by any bondholder by mandamus, foreclosure of any such
mortgage or indenture of trust or other appropriate suit, action or proceedings
in any court of competent jurisdiction; provided the resolution or ordinance
or any mortgage or indenture of trust under which the bonds are issued may
provide that all such remedies and rights to enforcement may be vested in
a trustee for the benefit of all the bondholders which trustee shall be
subject to the control of a majority of the holders or owners of any outstanding bonds.
(Source: P.A. 81-1529.)
(50 ILCS 455/7) (from Ch. 85, par. 2407)
Sec. 7. 
		
		The bonds shall bear the signatures of such officers of the authority
as may be designated in the resolution or ordinance authorizing such bonds
and such signatures shall be the valid and binding signatures of the officers
of the authority, notwithstanding that before the delivery thereof
and payments therefor any or all of the persons whose signatures appear
thereon have ceased to be officers of the authority issuing such bonds.
The validity of the bonds is not dependent on nor affected by the validity
or regularity of any proceedings relating to the acquisition, purchase,
construction, reconstruction, improvement, equipping, betterment or extension
of the facility for which the bonds are issued.  The resolution or ordinance
authorizing the bonds may provide that the bonds shall contain a recital
that they are issued pursuant to this Act, which recital shall be conclusive
evidence of their validity and of the regularity of their issuance.
(Source: P.A. 82-783.)
(50 ILCS 455/8) (from Ch. 85, par. 2408)
Sec. 8. 
		
		All bonds issued under this Act have a lien upon the revenues
and receipts derived from the facility for which the bonds have been issued,
and the governing body may provide in the resolution or ordinance authorizing
such bonds for the issuance of additional bonds to be equally and ratably
secured by a lien upon such revenues and receipts or may provide that the
lien upon such revenues and receipts is subordinate.
(Source: P.A. 81-1529.)
(50 ILCS 455/9) (from Ch. 85, par. 2409)
Sec. 9. 
		
		All bonds issued under and pursuant to this Act shall be limited
obligations of the authority payable solely out of the revenues and receipts
derived from the facility with respect to which such bonds are issued.
No holder of any bonds issued under this Act has the right to compel any
exercise of taxing power of the authority to pay the bonds, the interest
or premium, if any, thereon, and the bonds do not constitute an indebtedness
of the authority or a loan of credit thereof within the meaning of any constitutional
or statutory provision.  It shall be plainly stated on the face of each
bond that it has been issued under the provisions of this Act and that it
does not constitute an indebtedness of the authority or a loan of credit
thereof within the meaning of any constitutional or statutory provisions.
(Source: P.A. 81-1529.)
(50 ILCS 455/10) (from Ch. 85, par. 2410)
Sec. 10. 
		
		The authority, or any trustee on behalf of the authority, may
invest any funds held by it pursuant to this Act in bonds, notes, certificates
of indebtedness, treasury bills or other securities constituting direct
obligations of the United States of America; in certificates of deposit
or time deposits constituting direct obligations of any savings and loan
association, or any bank as defined by the Illinois Banking Act, as heretofore
and hereafter amended, provided, however, that investments may be made only
in those certificates of deposit or time deposits in banks which are insured
by the Federal Deposit Insurance Corporation or savings and loan associations
insured by the Federal Savings and Loan Insurance Corporation, if then
in existence; or in short term discount obligations of the Federal National
Mortgage Association.  Any such securities may be purchased at the offering
or market price thereof at the time of such purchase.
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 "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)