(110 ILCS 610/1) (from Ch. 144, par. 1011)
Sec. 1.
The Board of Governors of State Colleges and Universities or
its successor is hereby authorized to:
(a) Acquire by purchase or otherwise, construct, equip, complete,
remodel, operate, control, and manage student residence halls,
dormitories, dining halls, student union buildings, field houses,
stadiums, and any other revenue-producing buildings of such type and
character as the Board or its successor shall from time to time find a
necessity therefor exists and as may be required for the good and
benefit of any of the State Colleges or State Universities under its
jurisdiction and for that purpose may acquire property of any and every
kind and description, whether real, personal or mixed, by gift, purchase
or otherwise;
(b) Maintain and operate any such buildings and structures and to
charge for the use thereof, and carry on such activities, including
particularly, but without limiting the generality of the foregoing,
housing and food services as are commonly conducted in connection with
any such buildings or structures;
(c) Enter into contracts touching in any manner or any matter within
the objects and purposes of this Act;
(d) Acquire building sites and buildings or structures by gift,
purchase or otherwise and to pledge the revenues thereof for the payment
of any bonds issued for such purpose as provided in this Act;
(e) Borrow money and issue and sell bonds in such amount or amounts
as the Board or its successor may determine for the purpose of
acquiring, completing, remodeling, constructing or equipping any such
buildings or structures, and to refund and refinance the same from time
to time as often as it is advantageous and to the public interest to do
so. All such bonds shall bear interest at not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
may be sold by the Board or its successor in such manner as they
consider to be best in the public interest. Such bonds shall be sold at
such price that the 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, based on the average maturity of such bonds and
computed according to standard tables of bond values. Such bonds shall
be payable solely from the revenues to be derived from the operation of
any such building or buildings or structures acquired, completed,
remodeled, constructed or equipped in whole or in part with the proceeds
of such bonds and shall be secured by a pledge of the revenues of any
such building or buildings or structures so acquired, completed,
remodeled, constructed or equipped as herein provided. All bonds issued
hereunder shall have all the qualities of negotiable instruments under
the law of this State.
Such bonds may bear such date or dates and may mature at such time or
times not exceeding 40 years from their date or dates, may be in such
form, carry such registration privileges, may be payable at such place
or places, may be subject to such terms of redemption prior to maturity
with or without premium if so stated on the face of the bonds, and may
contain such terms and covenants all as may be provided by resolution
authorizing the issuance of such bonds.
Such bonds shall be executed by such officers of the Board or its
successor as shall be designated by the Board or its successor and
countersigned by the Treasurer of the State of Illinois. A facsimile of
the signatures of the officers of the Board or its successor who are
designated to execute such bonds, a facsimile of the signature of the
Treasurer of the State of Illinois, and a facsimile of the seal of the
Board or its successor, may be imprinted, engraved or otherwise
reproduced on such bonds and on the interest coupons attached thereto.
Any bonds bearing the signature or facsimile of officers in office at
the date of signing thereof are valid and binding for all purposes,
notwithstanding that before delivery thereof any or all such persons
whose signatures or facsimiles appear thereon have ceased to be such
officers.
Each such bond shall state upon its face that it is payable solely
from the revenues derived from the operation of the building or
buildings or structures constructed, remodeled, completed or equipped
with the proceeds of the sale of such bonds, and shall state upon its
face that it does not constitute an obligation of the State of Illinois
within the meaning or application of any constitutional or statutory
limitation or provision. Such bonds shall be registered by the Auditor
of Public Accounts.
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 Act, 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. 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.
The Board shall prepare an annual capital plan which details the proposed
budget year and 3 year capital needs of each 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 which will justify the
projects 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.
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.)
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