2023 Illinois Compiled Statutes › Chapter 110 - HIGHER EDUCATION › 110 ILCS 691/ - Western Illinois University Revenue Bond Law. › Article 36

(110 ILCS 691/Art. 36 heading)
ARTICLE 36
(110 ILCS 691/36-1)
Sec. 36-1. 
		Short title. 
		This Article may be cited as the Western Illinois University Revenue Bond Law.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-5)
Sec. 36-5. 
		Definitions. 
		In this Article, unless the context otherwise
requires:
"Board" means the Board of Trustees of the University or its successor.
"University" means and includes Western Illinois University, located at
Macomb, Illinois, and its branches.
"Federal agency" means the United States of America, the President of the
United States of America, or such agency or agencies of the United States of
America as may be designated or created to make loans or grants or both.
"Acquire" includes to purchase, erect, build, construct, reconstruct,
complete, repair, replace, alter, extend, better, equip, develop, and improve a
project, including the acquisition and clearing of a site or sites therefor.
"Project" means and includes revenue producing buildings, structures and
facilities which, as determined by the Board, are required by, or necessary for
the use or benefit of, such University, including, without limiting the
generality of the foregoing, student residence halls; apartments; staff housing
facilities; dormitories; health, hospital or medical facilities; dining halls;
student union buildings; field houses; stadiums; physical education
installations and facilities; auditoriums; facilities for student or staff
services; any facility or building leased to the United States of America;
off-street parking facilities; heretofore, or as may be hereafter, acquired,
with all equipment and appurtenant facilities; or any one, or more than one, or
all, of the foregoing, or any combination thereof, for such University.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-10)
Sec. 36-10. 
		Powers. 
		The Board shall have power for such University to:
(1) Acquire any project or projects, or any combination thereof, and to own,
operate and maintain the same.
(2) Acquire by purchase, gift, or the exercise of eminent domain, and hold
or dispose of real or personal property or rights or interest therein.
(3) Accept grants of money or materials or property of any kind from a
federal agency, or others, upon such terms and conditions as may be imposed.
(4) Borrow money and issue bonds to acquire for such University any one
project, or more than one, or any combination thereof, or to refund bonds
heretofore or hereafter issued, for such University, or for either or both of
said purposes, and to provide for the security and payment of said bonds and
for the rights of the holders thereof.
(5) Make contracts and leases and execute all instruments and perform all
acts and do all things necessary or convenient to carry out the powers granted
in this Article.
(6) Retain in its treasury (i) all moneys received from the sale of all
bonds issued under this Article, (ii) all fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right to use or the right to be served by, or to operate any project, (iii) all
tuition, registration, matriculation, health, hospital, medical, laboratory,
admission, student activities, student services, and all other fees collected
from students matriculated, registered or otherwise enrolled at and attending
such University pledged under the terms of any resolution authorizing bonds
pursuant to this Article, and (iv) all rentals from any facility or building
leased
to the United States of America, all of which shall be considered always
appropriated to the Board.
(7) The Board shall prepare an annual capital plan that details the
proposed budget year and 3 year capital needs of such University for capital
expenditures to finance revenue producing facilities through the issuance of
revenue bonds.  This plan shall detail each project and the project cost in
current dollar amounts. The plan shall contain the appropriate detail for the
proposed budget year and the 3 year plan that will justify each project's
ability to meet the debt service requirements by producing sufficient revenue,
life expectancy and maintenance requirements.  Such annual capital plans shall
be submitted to the Board of Higher Education.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-12)
Sec. 36-12. Eminent domain. Notwithstanding any other provision of this Law, any power granted under this Law 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.)
(110 ILCS 691/36-15)
Sec. 36-15. 
		Issuance of Bonds.
(a) The Board shall have power, and is hereby
authorized from time to time, to issue negotiable bonds (i) to acquire any one
project, or more than one, or any combination thereof, for such University, or
(ii) to refund bonds heretofore and hereafter issued as hereinafter provided
for, or (iii) for either or both of said purposes.  The bonds shall be
authorized by resolution of the Board.  The bonds may be issued in one or more
series, may bear such date or dates, may be in such denomination or
denominations, may mature at such time or times not exceeding 40 years from the
respective dates thereof, may mature in such amount or amounts, may bear
interest at such rate or rates, including variable rates, not exceeding the
maximum rate authorized by the Bond Authorization Act, as amended at the time
of the making of the contract, payable at such time or times, may be in such
form either coupon or registered as to principal only or as to both principal
and interest, may carry such registration privileges (including the conversion
of a fully registered bond to a coupon bond or bonds and the conversion of a
coupon bond to a fully registered bond), may be executed in such manner by such
officers of the Board, may be made payable in such medium of payment, at such
place or places within or without the State, may be subject to such terms of
redemption prior to their expressed maturity, with or without premium, as such
resolution or other resolutions may provide.
All bonds issued under this Article shall be sold in such manner as the Board
may
deem best in the public interest; provided that such bonds shall be sold at
such
price that the true interest cost of the proceeds therefrom will not exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the time
of the making of the contract.  The resolution may provide that one of the
officers of the Board, or the bond registrar or trustee appointed under the
resolution authorizing the bonds shall sign such bonds manually and that the
other signatures may be printed, lithographed or engraved thereon.  The coupon
bonds shall be fully negotiable within the meaning of the Uniform Commercial
Code.
(b) The Board shall have power, and is hereby authorized from time to time,
to issue negotiable refunding bonds (i) to refund unpaid matured bonds; (ii) to
refund unpaid matured coupons evidencing interest upon its unpaid matured
bonds; and (iii) to refund interest at the coupon rate upon its unpaid matured
bonds that has accrued since the maturity of those bonds.  Bond and interest
coupons which have been received in exchange or paid shall be cancelled and the
obligation for interest, not represented by coupons, which has been discharged,
shall be evidenced by a written acknowledgment of the exchange or payment
thereof.
(c) The Board shall have power, and is hereby authorized from time to time,
to also issue negotiable refunding bonds hereunder, to refund bonds at or prior
to their maturity or which by their terms are subject to redemption before
maturity, or both, in an amount necessary to refund (i) the principal amount of
the bonds to be refunded, (ii) the interest to accrue up to and including
the maturity date or dates, or to the next succeeding redemption date, thereof,
and (iii) the applicable redemption premiums, if any.  All proceeds received at
the sale thereof (excepting the accrued interest received and an amount
sufficient to pay the costs of issuance of such bonds and to create or maintain
any reserves required under the resolution authorizing such bonds) shall be
used:
(1) if the bonds to be refunded are then due, for the     payment thereof;
(2) if the bonds to be refunded are voluntarily     surrendered with the consent of the holder or holders thereof, for the payment thereof;
(3) if the bonds to be refunded are then subject to     prior redemption by their terms, for the redemption thereof;
(4) if the bonds to be refunded are not then subject     to payment or redemption, to purchase direct obligations of, or obligations which are fully guaranteed by, the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the bonds to be refunded, together with the interest accrued thereon and any redemption premium due thereon; and such proceeds or such obligations shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of Illinois, with power to accept and execute trusts, or any successor thereto, which is also a member of the Federal Deposit Insurance Corporation and of the Federal Reserve System, to be held in an irrevocable trust solely for and until the payment and redemption of the bonds so to be refunded; and any balance remaining in such escrow after the payment and retirement of the bonds to be refunded shall be returned to the Board to be used and held for use as revenues pledged for the payment of such refunding bonds; or
(5) for any combination thereof.
With respect to instruments for the payment of money issued under this
Section, it is the intention of the General Assembly (i) that the Omnibus Bond
Acts are 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. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-20)
Sec. 36-20. 
		Security of Bonds. 
		In connection with the issuance of any
bonds under this Article, and in order to secure the payment of any such bonds
and the interest thereon, the Board shall have power for such University:
(1) To fix, maintain and collect (i) fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right
to use or the right to be served by, or to operate any project, (ii) tuition,
registration, matriculation, health, hospital, medical, laboratory, admission,
student activities, student services, and all other fees collected from
students matriculated, registered or otherwise enrolled and attending such
University, and (iii) rentals from any facility or building leased to the
United
States of America, the aggregate of which shall be sufficient at all times to
pay
all necessary expenses of the operation and maintenance of any project, to pay
the bonds at maturity and accruing interest thereon in accordance with their
terms, and to create and maintain all reserves therefor as provided by the
resolution authorizing such bonds.
(2) To provide that bonds issued under this Article, subject only to the
prior
payment of the operation and maintenance expenses of any project, shall be
payable from and secured by a pledge of and lien on all or any part of the
income and
revenues derived from, and to pledge and assign to, or in trust for the benefit
of, the holder or holders of bonds under this Article all or any part of the
income and revenues derived from (i) fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right to use or the right to be served by, or to operate, any project, (ii)
tuition, registration, matriculation, health, hospital, medical, laboratory,
admission, student activities, student services, and all other fees collected
from students matriculated, registered or otherwise enrolled at and attending
such University, and (iii) rentals from any facility or building leased to
the United States of America; provided that, if the Board provides that any
bonds issued under this Article shall be payable from the income and revenues
of
any project heretofore acquired, any such provision for the payment of such
bonds from the income and revenues of any such project heretofore acquired
shall be subject to, and in all respects in full conformity and compliance
with, the rights of the holders of any bonds or obligations payable from the
income and revenues of any such project heretofore issued by the Board and then
outstanding.
(3) To covenant with or for the benefit of the holder or holders of the
bonds issued under this Article that so long as any such bonds shall remain
outstanding and unpaid the Board will fix, maintain and collect in such
installments as may be agreed upon (i) fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right to use or the right to be served by, or to operate any project, (ii)
tuition,
registration, matriculation, health, hospital, medical, laboratory, admission,
student activities, student services, and all other fees collected from
students matriculated, registered or otherwise enrolled at and attending such
University pledged under the terms of any resolution authorizing bonds pursuant
to this Article, and (iii) rentals from any facility or building leased to the
United
States of America, the aggregate of which shall be sufficient at all times to
pay all necessary expenses of the operation and maintenance of any project, to
pay the bonds at maturity and accruing interest thereon in accordance with
their terms, and to create and maintain all reserves therefor as provided by
the resolution authorizing such bonds, until such bonds and accruing interest
have been paid in accordance with their terms.
(4) To covenant with or for the benefit of the holder or holders of bonds
issued under this Article as to all matters deemed advisable by the Board,
including:
(i) The purposes, terms, and conditions for the     issuance of additional parity or junior lien bonds that may thereafter be issued, and for the payment of the principal, redemption premiums and interest on such bonds.
(ii) The kind and amount of all insurance to be     carried, the cost of which shall be charged as an operation and maintenance expense of any project.
(iii) The operation, maintenance and management of     any project to assure the maximum use and occupancy thereof; the accounting for, and the auditing of, all income and revenue from, and all expenses of, any project; the employment of engineers and consultants; and the keeping of records, reports and audits of any project.
(iv) The obligation of the Board to maintain any     project in good condition and to operate the same at all times in an economical and efficient manner.
(v) The terms and conditions for creating and     maintaining sinking funds, reserve funds, and such other special funds as may be created in the resolution authorizing the bonds, separate and apart from all other funds and accounts of the Board and the University.
(vi) The procedure by which the terms of any contract     with the holders of the bonds may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given.
(vii) Providing the procedure for refunding such     bonds.
(viii) Such other covenants as may be deemed     necessary or desirable to assure a successful operation of any project and the prompt payment of the principal of and interest upon the bonds so authorized.
(5) To make and enforce and agree to make and enforce parietal rules that
shall insure the use of any project to the maximum extent to which such project
is capable of serving students, staff members and others using or being served
by, or having the right to use or the right to be served by, or to operate, any
project.
(6) To covenant that so long as any of the bonds issued under this Article
shall remain outstanding and unpaid, it will not, except upon such terms and
conditions as may be determined:
(i) Voluntarily create or cause to be created any     debt, lien, mortgage, pledge, assignment, encumbrance or other charge having priority to the lien of the bonds issued under this Article upon any of the income and revenues derived from (A) all fees, rentals and other charges from students, staff members and others using or being served by, or having the right to use or the right to be served by or to operate, any project, (B) all tuition, registration, matriculation, health, hospital, medical, laboratory, admission, student activities, student services, and all other fees collected from students matriculated, registered or otherwise enrolled at and attending such University, and (C) all rentals from any facility or building leased to the United States of America.
(ii) Convey or otherwise alienate any project or the     real estate upon which such project shall be located, except at a price sufficient to pay all the bonds issued for such project then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such bonds.
(7) To vest in a trustee or trustees the right to receive all or any part of
the income and revenue pledged and assigned to, or for the benefit of the
holder or holders of bonds issued under this Article, and to hold, apply and
dispose of the same and the right to enforce any covenant made to secure or pay
or in relation to the bonds; to execute and deliver a trust agreement or trust
agreements which may set forth the powers and duties and the remedies available
to such trustee or trustees and limiting the liabilities thereof and describing
what occurrences shall constitute events of default and prescribing the terms
and conditions upon which such trustee or trustees or the holder or holders of
any specified amount or percentage of such bonds may exercise such rights; and
to enforce any and all such covenants and resort to such remedies as may be
appropriate.
(8) To covenant to perform any and all acts and to do any and all such
things
as may be necessary or convenient or desirable in order to secure its bonds, or
as may in the judgment of the Board tend to make the bonds more marketable,
notwithstanding that such acts or things may not be enumerated herein, it being
the intention hereof to give the Board issuing bonds pursuant to this Article
power to make all covenants, to perform all acts and to do all things not
inconsistent with the Constitution of the State of Illinois.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-25)
Sec. 36-25. 
		Enforcement of Contract. 
		The provisions of this Article and
of any
resolution or other proceeding authorizing the issuance of bonds shall
constitute a contract with the holders of such bonds and the provisions thereof
shall be enforceable by civil action, mandamus, injunction or other proceeding
in the appropriate circuit court to enforce and compel the performance of all
duties required by this Article and by any resolution authorizing the issuance
of bonds adopted responsive hereto.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-30)
Sec. 36-30. 
		Moneys of the Board. 
		No moneys derived from the sale of
bonds
issued under the provisions of this Article, or pledged or assigned to or in
trust
for the benefit of the holder or holders thereof, shall be required to be paid
into the State treasury but shall be deposited by the Treasurer or other fiscal
officer of the Board in one or more banks, savings and loan associations or
trust companies as may be designated by the Board.  Such moneys shall be
disbursed as may be directed by the Board and in accordance with the terms of
any agreements with the holder or holders of any bonds.  This Section shall not
be construed as limiting the power of the Board to agree in connection with the
issuance of any of its bonds as to the custody and disposition of the moneys
received from the sale of such bonds or from the income and revenues pledged or
assigned to or in trust for the benefit of the holder or holders thereof.
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. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-35)
Sec. 36-35. 
		Validity of Bonds. 
		The bonds bearing the signatures of
officers
of the Board in office on the date of the signing thereof shall be valid and
binding obligations, notwithstanding that before the delivery thereof and
payment therefor any or all persons whose signatures appear thereon shall have
ceased to be such officers.  The validity of the bonds shall not be dependent
on nor affected by the validity or regularity of any proceedings to acquire any
project financed by the bonds, or to refund outstanding bonds, or taken in
connection therewith.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-40)
Sec. 36-40. 
		Prohibitions Against Obligating the State of Illinois. 
		
Nothing
in this Article shall be construed to authorize the Board or the University to
contract a debt on behalf of, or in any way to obligate, the State of Illinois,
or to pledge, assign or encumber in any way, or to permit the pledging,
assigning or encumbering in any way, of appropriations made by the General
Assembly of the State of Illinois.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-45)
Sec. 36-45. 
		Obligations of Board. 
		All bonds issued pursuant to this
Article
shall be obligations of the Board payable only in accordance with the terms
thereof and shall not be obligations general, special or otherwise, of the
State
of Illinois.  Such bonds shall not constitute a debt, legal or moral, of the
State of Illinois, and shall not be enforceable against the State, nor shall
payment thereof be enforceable out of any funds of the Board, or of the
University, other than the income and revenues pledged and assigned to, or in
trust for the benefit of, the holder or holders of such bonds.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-50)
Sec. 36-50. 
		Bonds as Legal Investments. 
		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 a banking business, all insurance companies, insurance
associations 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, firm or corporation from any duty of exercising reasonable care in
selecting securities for purchase or investment.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-55)
Sec. 36-55. 
		Excision of Unconstitutional and Ineffective Parts of Article. 
		It is hereby declared that the Sections, clauses, sentences and parts of this
Article are severable and are not matters of mutual essential inducement, and
any of them
may be excised by any court of competent jurisdiction if this Article would
otherwise be unconstitutional or ineffective.  It is the intention of this
Article to confer upon the Board the whole or any part of the powers in this
Article
provided for, and if any one or more Sections, clauses, sentences and parts of
this Article shall for any reason be questioned in any court of competent
jurisdiction and shall be adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remaining provisions thereof, but
shall be confined in its operation to the specific provision or provisions so
held unconstitutional or invalid, and the inapplicability or invalidity of any
Section, clause, sentence or part of this Article in any one or more instances
shall not be taken to affect or prejudice its applicability or validity in any
other instance.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 691/36-60)
Sec. 36-60. 
		Supplemental Nature of Article; Construction and Purposes. 
		The
powers conferred by this Article shall be in addition to and supplemental to
the powers conferred by any other law, general or special, and bonds may be
issued under this Article notwithstanding the provisions of any other such law
and without regard to the procedure required by any other such laws.  Insofar
as the provisions of this Article are inconsistent with the provisions of any
other law, general or special, the provisions of this Article shall be
controlling, except for the Board of Higher Education Act.
(Source: P.A. 89-4, eff. 1-1-96.)