2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 9.3 - Recreation Facilities

(70 ILCS 1205/Art. 9.3 heading)
ARTICLE 9.3  
		RECREATION FACILITIES
(70 ILCS 1205/9.3-1) (from Ch. 105, par. 9.3-1)
Sec. 9.3-1. 
		
		
		Any park district has the power subject to the limitations of Sections
9.3-1 through 9.3-6 to acquire, construct and operate such revenue producing
recreation facilities and to extend or improve such facilities, borrow money
and as evidence thereof to issue its bonds, payable solely from the revenue
derived from the operation of such recreation facility or facilities. These
bonds may be issued in such amounts as may be necessary to provide sufficient
funds to pay all costs of acquisition or construction, or extension or improvement
of indoor or outdoor recreation facilities, including engineering, legal
and other expenses, together with interest on the bonds to a date six months
subsequent to the estimated date of 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. 78-1256.)
(70 ILCS 1205/9.3-2) (from Ch. 105, par. 9.3-2)
Sec. 9.3-2. 
		
		Whenever any park district determines to acquire, construct,
extend or improve indoor or outdoor recreation facilities and to issue
bonds under Section 9.3-1 of this Article to pay the costs 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 opened for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, the interest rate, which
shall not exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, payable annually or
semi-annually, and all 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 indoor or outdoor recreational facility
for the purpose of paying maintenance and operation costs, providing an
adequate depreciation fund, and paying the principal and interest on the
bonds issued hereunder. The ordinance may also pledge the revenue derived
from the operation of an existing indoor or outdoor facility of the same
character, 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 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 30day period a petition is so
filed, signed by electors of the district equal to
10% or more of the registered voters of the district asking that
the question of acquiring and operating or constructing and operating
such an indoor and outdoor recreational facility 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
the question at an election held in the district. The board shall furnish
copies of such a petition form to all persons making a request therefor.
The proposition shall be in substantially the
following form:
--------------------------------------------------------------
Shall the.... Park District issue
revenue bonds for acquiring (or constructing,     YES
extending or improving) an indoor or outdoor  ----------------
recreational facility to include.... (specify     NO
specific facility or facilities)
--------------------------------------------------------------
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 indoor or
outdoor recreational facility or facilities or extending or improving
such indoor or outdoor recreational facility or facilities 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 1205/9.3-3) (from Ch. 105, par. 9.3-3)
Sec. 9.3-3. 
		
		Bonds issued under Section 9.3-1 of this Article shall be payable solely
from the revenue derived from the operation of the indoor or outdoor
recreational facility 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 9.3-1 through 9.3-6 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 rate of the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, they shall
be sold for not less than par and
accrued interest. If they are issued to bear interest at the rate of less
than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, 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 authorized by the
Bond Authorization Act,
as amended at the time of the making of the contract,
computed to maturity,
according to the
standard table of bond values.
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.)
(70 ILCS 1205/9.3-4) (from Ch. 105, par. 9.3-4)
Sec. 9.3-4. 
		
		
		Whenever revenue bonds are issued under Section 9.3-1 of this Article,
all revenue derived from the operation of the recreational facility shall
be deposited in a separate fund specifically designated by reference to the
type of facility of the park district. This fund shall be used only in
paying the cost of operation and maintenance of the specific facility, in
providing an annual depreciation fund, and in paying the principal of and
interest upon the revenue bonds of the district issued under Section 9.3-1
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 facility. Such fund shall not be allowed to accumulate beyond a
reasonable amount necessary for the purpose and shall not be used for
extensions to the facility.
(Source: P.A. 78-1256.)
(70 ILCS 1205/9.3-5) (from Ch. 105, par. 9.3-5)
Sec. 9.3-5. 
		
		
		Each park district which issues bonds and acquires or constructs,
extends or improves indoor or outdoor recreational facilities under the
provisions of this Article 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, improvements, extension, management,
maintenance, care and protection of the facility and for the use thereof.
Charges or rates for the use of the facility shall be such as the board may
from time to time determine.
While any bond issued under Section 9.3-1 is outstanding such district
is required to maintain and operate the facility 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 facility or
facilities 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.
Such park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of the
facility. 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. 78-1256.)
(70 ILCS 1205/9.3-6) (from Ch. 105, par. 9.3-6)
Sec. 9.3-6. 
		
		The holder of any bond or of a coupon of any bond issued under Section
9.3-1 of this Article in any civil action, by mandamus, injunction or
other proceeding,
may enforce and compel performance of all duties required by Sections 9.3-1
through 9.3-5 of this Article. This shall include the duties of
establishing and collecting sufficient rates or charges for the use of the
facility for the purposes specified in Section 9.3-5 of this Article and
the application of the revenue thereof as provided by Section 9.3-4 of this
Article.
(Source: P.A. 83-345.)