(620 ILCS 45/1) (from Ch. 15 1/2, par. 84)
Sec. 1.
The county board of each county having a population of less
than 1,000,000 may in the manner hereinafter provided, establish and
maintain airports and landing fields and other auxiliary institutions
connected with the same within the limits of such county for the use and
benefit of the inhabitants thereof and may levy a tax subject to such
further limitation as may be occasioned by the issue of bonds as
hereinafter provided, not to exceed .25 per cent of the value, as
equalized or assessed by the Department of Revenue,
annually on all taxable property of such county, such tax to be levied
and collected in like manner with the general taxes of such county, and
to form, when collected, a fund to be known as the "County Airport
Fund". Such tax shall be in addition to all other taxes which such
county is now or hereafter may be authorized to levy on the aggregate
valuation of all property within such county and shall not be included
within the rate for general county purposes, but shall be in addition
thereto and exclusive thereof. The foregoing limitations upon tax rates
may be increased or decreased under the referendum provisions of the
General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(620 ILCS 45/1.5)
Sec. 1.5.
Short title.
This Act may be cited as the County Airport Law of 1943.
(Source: P.A. 88-45.)
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(620 ILCS 45/2) (from Ch. 15 1/2, par. 85)
Sec. 2.
When 100 legal voters of any such county shall present a petition to
the county board of such county asking that an annual tax be levied for
the establishment, operation and maintenance of an airport and landing
field in such county, the county board shall certify the proposition to
the proper election officials, who shall submit the proposition to the voters
at an election in accordance with the general election law. The proposition
shall be in substantially the
following form:
Shall an annual tax be levied in.................... County for a county airport and landing field under the provisions of "An Act in YES relation to the establishment, acquisition, maintenance and operation of airports and landing fields by counties of less than 1,000,000 population, and by such counties jointly with certain taxing districts NO located within or partly within such counties, and to provide methods for the financing thereof", approved July 22, 1943, as amended?
If a majority of all the votes cast upon the proposition shall be in
favor thereof the county board shall thereafter annually levy a tax of
not to exceed .25 per cent of the value, as equalized or assessed by the
Department of Revenue, which tax shall be collected in
like manner and with other general taxes in such county and shall be
known as the "County Airport Fund", and thereafter the county board
shall, in the annual appropriation bill, appropriate from such fund such
sum or sums of money as may be necessary to defray all necessary
expenses and liabilities of the county airport and landing field. The
county board of any such county and the corporate authorities of any one
or more taxing districts lying wholly or partly within the corporate
limits of the county which taxing district or districts are authorized
under the laws of this state to acquire, establish, operate and maintain
airports and landing fields, may hereafter by agreement provide for the
joint construction, maintenance and control of an airport and landing
field. Such agreement shall specify the site of the proposed airport and
landing field and the proportionate share of the cost of construction
and the cost of maintenance which shall be borne by such county and each
of such taxing districts. The County Board shall certify the proposition
for such joint construction,
maintenance and control to the proper election officials, who shall submit
the proposition to the voters of the county
and each such taxing district at an election in accordance with the general
election law.
The proposition shall state the proposed site of such airport and landing
field and the proportionate share of the cost of construction and
maintenance to be borne by the respective governmental units concerned.
If the proposition is approved
by a majority of the voters in the county and any taxing district voting
on the proposition, the corporate authorities of each such governmental
unit may, irrespective of any limitation of rate in any other act or
provision to the contrary, levy a tax subject to such further limitation
as may be occasioned by the issue of bonds as hereinafter provided, not
to exceed .25 per cent of the value, as equalized or assessed by the
Department of Revenue, annually on all taxable property
of such governmental unit. Such tax shall be levied and collected in
like manner with the general taxes of such governmental unit and shall
form when collected a fund to be known as the "County Airport Fund" and
deposited with the County Treasurer of the County. Such tax shall be in
addition to all other taxes which such governmental unit is now or
hereafter may be authorized to levy on the aggregate of all property
therein, and shall not be included within the rate for general corporate
purposes for each such governmental unit but shall be in addition
thereto and exclusive thereof; and each such governmental unit shall
appropriate such sum or sums as its proportionate share shall be under
the agreement as may be necessary to defray all necessary expenses and
liability of such airport and landing field.
If such proposition is approved by a majority of the voters in the
county and each of the taxing districts voting on the proposition, the
corporate authorities of each such governmental unit shall appoint 3
directors. The qualifications, terms of office and removal of such
directors shall be as provided in Sections 3 and 4 of this Act, and
vacancies shall be filled in the manner as provided in Section 5 hereof.
The directors so appointed shall constitute a joint Board of Directors
for the control and management of the airport and landing field. The
joint Board of Directors shall exercise the powers and be subject to the
duties prescribed in this Act for Board of Directors of airports and
landing fields. The corporate authorities of each of such governmental
units shall annually appropriate funds for the maintenance and operation
of the airport in the proportion set forth in the proposition adopted,
for the use of the Airport Fund and shall levy the tax herein provided,
or so much of such rate as will provide the sum, and may issue bonds as
provided in this Act for the purpose of defraying its proportionate
share of the costs of construction and maintenance of the airport and
landing field.
If any county or taxing district shall issue bonds as hereinafter
provided, then so long as taxes are required to be levied and extended
to pay the principal of and interest on such bonds, the rate extended in
any year for the benefit of the Airport Fund shall be limited to the
amount by which .25 per cent of the value, as equalized or assessed by
the Department of Revenue, exceeds the rate extended in
such year to pay such principal and interest on such bonds. The
foregoing limitations upon tax rates may be increased or decreased under
the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1489; 81-1509.)
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(620 ILCS 45/3) (from Ch. 15 1/2, par. 86)
Sec. 3.
When in any county a proposition for the levy of a tax for an
airport and landing field has been adopted as aforesaid, the presiding
officer of the county board shall, with the advice and consent of the
county board, appoint a board of 5 directors each of whom shall be a
resident of the county who does not hold any other office of honor or
profit. All members shall be chosen with reference to their special
fitness for such office.
When the voters of any taxing district or districts lying wholly or
partly within the county, shall have adopted a proposition for joint
control of an airport and landing field with the county, the governing
body of each of said taxing districts shall by a majority vote of such
governing body appoint 5 directors, residents of the respective
taxing district and not holding any office of honor or profit, all of
whom shall be chosen with reference to their special fitness for such
office.
(Source: P.A. 81-1390.)
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(620 ILCS 45/4) (from Ch. 15 1/2, par. 87)
Sec. 4.
One of the directors of each governmental unit shall hold
office for one year, 2 for two years, and 2
for three years
from the first day of July following their respective appointments, and
until his successor is appointed, and at their first regular meeting
they shall cast lots for the respective terms; and annually thereafter,
the chairman or president of the county board, and the governing body of
any taxing district jointly interested in the maintenance and operation
of such airport and landing field, as provided in this Act, shall before
the first day of July of each year, appoint in the manner hereinbefore
provided, one director to take the place of each retiring director, who
shall hold office for three years and until his successor is appointed.
The chairman or president of the county board may, with the consent of
three-fourths of the members of the county board, remove any director
for misconduct or neglect of duty, and any governing body of any taxing
district jointly operating said airport as herein provided may, by
three-fourths vote, remove any director so appointed by the respective
taxing district for like reasons.
Any board organized under the provisions of Section 3 of this Act, already
in existence at the time of the effective date of this amendatory Act of
1980, shall be expanded immediately by the appointment of the additional
directors as herein provided.
One director shall be appointed to serve until July 1, 1981; the other shall
be appointed to serve until July 1, 1982. At the end of the respective
terms a successor shall be appointed for each director to serve the full
term as hereinbefore provided.
(Source: P.A. 81-1390.)
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(620 ILCS 45/5) (from Ch. 15 1/2, par. 88)
Sec. 5.
Vacancies in the Board of Directors occasioned by removal,
resignation or otherwise, shall be reported to the county board, or to the
governing authorities of the respective taxing body appointing the
director, and shall be filled in like manner as the original appointments.
No director shall receive compensation as such, or be interested, either
directly or indirectly, in the purchase or sale of any supplies or
equipment, land or other facilities, or in any contract on behalf of the
airport and landing field.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/6) (from Ch. 15 1/2, par. 89)
Sec. 6.
The directors shall, immediately after appointment, meet and
organize by the election of one of their number as president and one as
secretary, and by the election of such other officers as they may deem
necessary. They shall make and adopt such by-laws, rules and regulations
for their own guidance and for the government of the airport and landing
field, buildings, equipment and other facilities or activities and
institutions connected therewith as may be expedient, not inconsistent
with the "Illinois Aeronautics Act", as now or
hereafter amended or supplemented, or any rule, ruling, regulation,
order or decision of the Department of Transportation
of this State. They
shall have the exclusive control of the expenditure of all moneys
collected to the credit of the Airport Fund, and of the construction of
any airport, building, landing strips or other facilities connected
therewith, or auxiliary institutions or activities in connection
therewith, and of the supervision, care and custody of the grounds,
buildings and facilities constructed, leased, or set apart for that
purpose: Provided, that all moneys received for such airport with the
exception of moneys the title to which rests in the Board of Directors
in accordance with Section 9, shall be deposited in the treasury of the
county to the credit of the Airport fund and shall not be used for any
other purpose, and shall be drawn upon by the proper officers of the
county upon the properly authenticated vouchers of the Board of
Directors. The Board of Directors may purchase or lease ground within
the limits of such county, and occupy, lease or erect an appropriate
building or buildings for the use of the airport, auxiliary
institutions and activities connected therewith: Provided, however, that
no such building, landing strips or other facilities shall be
constructed or erected until detailed plans therefor shall have been
submitted to and approved by the Department of Transportation
of this
State. The Board of Directors may appoint suitable managers, assistants
and employees and fix their compensation by resolution duly adopted, and
may also remove such appointees, and shall carry out the spirit and
intent of this Act in establishing and maintaining an airport and
landing field.
The Board of Directors shall, in addition to the powers set forth in
this Act, specifically have the powers designated as follows:
1. To locate, establish and maintain an airport and airport
facilities within the area of its jurisdiction, and to develop, expand,
extend and improve any such airport or airport facility.
2. To acquire land, rights in and over land and easements upon, over
or across land, and leasehold interests in land, and tangible and
intangible personal property, used or useful for the location,
establishment, maintenance, development, expansion, extension or
improvement of any such airport or airport facility. Such acquisition
may be by dedication, purchase, gift, agreement, lease, or by user or
adverse possession or condemnation. In the determination of the
compensation to be paid in any condemnation proceeding under this
subsection involving property or facilities used in agriculture,
commerce, industry or trade there shall be included not only the value
of the property and facilities affected and the cost of any changes in
or relocation of such property and facilities but also compensation for
any loss occasioned in the operation thereof.
3. To operate, manage, lease, sublease, and to make and enter into
contracts for the use, operation or management of, and to provide rules
and regulations for the operation, management or use of any such airport
or airport facility.
4. To fix, charge and collect rentals, tolls, fees and charges for
the use of any such airport, or any part thereof, or any such airport
facility, and to grant privileges within any airport or structure
therein or any part thereof, and to charge and collect compensation for
such privileges and to lease any building or structure or any part
thereof to private or public concerns or corporations in connection with
the use and operation of such airport and to enter into contracts or
agreements permitting private or public concerns to erect and build
structures for airport purposes and purposes auxiliary thereto and
connected therewith, on such terms and conditions as the directors deem
expedient and in the public interest; provided, that no such structure
may be erected by any public or private concern or corporation pursuant
to such agreement until the plans and specifications therefor shall have
been submitted to and approved by the Department of Transportation of this State.
5. To establish, maintain, extend and improve roadways and
approaches by land, water or air to any such airport.
6. To contract or otherwise to provide by condemnation if necessary
for the removal or relocation of all private structures, railways,
mains, pipes, conduits, wires, poles and all other facilities and
equipment which may interfere with the location, expansion, development,
or improvement of airports or with the safe approach thereto or takeoff
therefrom by aircraft, and to assume any obligation and pay any expense
incidental to such removal or relocation.
7. Within territory two miles from any airport or landing field, as
measured at a right angle from any side, or in a radial line from the
corner of any established boundary line thereof, to enter into contracts
for a term of years or permanently with the owners of such land to
restrict the height of any structure upon the relationship of one foot
of height to each twenty feet of distance from the boundary line, upon
such terms and conditions and for such consideration as the Board of
Directors deems equitable; and to adopt, administer and enforce airport
zoning regulations for and within the county and within any territory
which extends not more than 2 miles beyond the boundaries of any
Airport under the control of the Board of Directors.
8. To borrow money and to issue bonds, notes, certificates or other
evidences of indebtedness for the purpose of accomplishing any of the
corporate purposes, subject, however, to compliance with the conditions
or limitations of this Act or otherwise provided by the constitution or
laws of the State of Illinois.
9. To employ or enter into contracts for the employment of any
person, firm or corporation, and for professional services, necessary or
desirable for the accomplishment of the objects of the Board of
Directors or the proper administration, management, protection or
control of its property.
10. To police its property and to exercise police powers in respect
thereto or in respect to the enforcement of any rule or regulation
provided by the resolutions of the Board of Directors and to employ and
commission police officers and other qualified persons to enforce the
same.
Nothing in this section or in other provisions of this Act shall be
construed to authorize the Board of Directors to establish or enforce
any regulation or rule in respect to aviation or the operation or
maintenance of any airport or any airport facility within its
jurisdiction which is in conflict with any federal or state law or
regulation applicable to the same subject matter.
This section is subject to the "Illinois Aeronautics Act", as now
or hereafter amended or supplemented,
or any rule, ruling, regulation, order or decision of the Department of
Transportation of this State.
The Federal Government or any department or agency thereof, the State
of Illinois or any department or agency thereof, or any political
subdivision of the State of Illinois and any public or private aircraft
shall be permitted to use any airport facility subject to the regulation
and control of, and upon such terms and conditions as shall be
established by the Board of Directors.
(Source: P.A. 98-756, eff. 7-16-14.)
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(620 ILCS 45/6.1) (from Ch. 15 1/2, par. 89.1)
Sec. 6.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(620 ILCS 45/7) (from Ch. 15 1/2, par. 90)
Sec. 7. In all cases where property or property rights are acquired or
sought to be acquired by the Board of Directors by condemnation, the
procedure shall be in the name of the county in which such airport is
located and the procedure shall be as nearly as may be in accordance with
that provided for the exercise of the right of
eminent domain under the Eminent Domain Act.
The Board of
Directors shall adopt a resolution setting forth the necessity for such
condemnation, the description of the land required and the purposes
therefor, stating the facts pertaining to the negotiations by the Board of
Directors and the owner or owners of such land or air rights above such
land, and the fact that the directors and the owner or owners thereof
cannot agree upon the price therefor, or that the title thereto, or the air
rights thereon cannot be obtained except by condemnation for the reason of
the legal disability of the owner or owners thereof
or persons interested
therein as the case may be, and cause a proper authenticated copy of the
resolution to be filed with the county board of the county in which such
airport is situated. The county board shall then examine the resolution and
upon determining that the acquisition of the land or air rights are for the
best interests of the airport and the public generally, may authorize the
condemnation in the same manner as the county may do for general purposes
of the county; provided, that all costs expenses and awards in condemnation
shall be paid from the Airport fund.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(620 ILCS 45/7.5) Sec. 7.5. 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.) |
(620 ILCS 45/8) (from Ch. 15 1/2, par. 91)
Sec. 8.
The Board of Directors, in the name of the airport, may receive
from any person any contribution or donation of money or property, and
shall pay over to the treasurer of the county all moneys thus received as
often as once in each month, and shall take the receipt of such treasurer
therefor; and shall semi-annually report to the county board and to each
taxing body jointly interested in the airport, the names of all persons
from whom any such contributions have been received since the date of the
last report and the amount and nature of the property so received from
each, and the date when same was received, and the Board of Directors shall
make, on or before the second Monday in June of each year, an annual report
to the county board and to each taxing district jointly interested in the
airport, stating the condition of their trust on the first day in June of
that year, the various sums of money received from the Airport Fund and
from other sources, and how such moneys have been expended and for what
purpose, and such other statistics, information and suggestions as they may
deem of general interest, which report shall be published in a newspaper of
general circulation in the county not more than thirty (30) days subsequent
to the filing of such report.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/9) (from Ch. 15 1/2, par. 92)
Sec. 9.
Any person desiring to make any donation or legacy of any
money, personal property or real estate, for the benefit of such airport,
shall have the right to vest the title to the money, personal property or
real estate so donated, in the Board of Directors, to be held and
controlled by such Board when accepted, according to the terms of the deed,
gift or legacy of such property, and as to such
property, the
Board of Directors shall be held and considered to be special trustees and
shall include in the annual report a complete report of their acts as such
trustees.
(Source: P.A. 83-388.)
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(620 ILCS 45/10) (from Ch. 15 1/2, par. 93)
Sec. 10.
Any county or any other taxing body which has adopted a
proposition for a tax under the provisions of this Act may discontinue
such tax and such operation by a referendum, provided that the Board of
Directors shall have adopted a resolution affirmatively recommending the
discontinuance of such tax and such operation. The resolution shall
declare the determination to submit the proposition of the
discontinuance of the tax to a vote. Upon the adoption of such a resolution
the secretary of the Board of Directors shall certify the resolution
and the proposition
to the proper election officials, who shall submit the proposition to the
voters at an election in accordance with the general election law. The
proposition shall be in substantially the following
form:
Shall the levy of an annual tax in................. County for a county airport and landing field under the YES provisions of "An Act in relation to the establishment, acquisition, maintenance and operation of airports and landing fields by counties of less than 500,000 population, and by such counties jointly with certain taxing districts located within or partly within such NO counties, and to provide methods for the financing thereof", approved July 22, 1943, as amended, be discontinued?
If a majority of the votes cast upon the proposition are for the
discontinuance of the tax the proposition shall be deemed adopted, and,
if the county alone (not in conjunction with any other governmental
unit) had levied a tax under the provisions of this Act for an airport
and landing field, the Board of Directors shall proceed at once to close
up the affairs of the airport and landing field, and after the payment
of all obligations, the moneys in the Airport Fund shall become a part
of the general funds of the county and the personal property and real
estate shall become the property of the county.
In the event that an airport is jointly operated by a county and
other taxing bodies and one or more of such taxing bodies, but not all,
elect by the adoption of a proposition pursuant to a petition duly filed
with the clerk of the respective taxing body as provided for herein for
discontinuance of said participation in said airport, the members of the
Board of Directors remaining shall proceed to reorganize within thirty
days after certification that the proposal
for discontinuance has carried by a majority vote. Any taxing body
which so discontinues shall not be entitled to receive any money or
property, real or personal, belonging to the airport, or airport fund,
or held by the directors as trustees, but such property or money shall
then vest in and continue to be the property of the airport; provided,
that if any bonds remain outstanding and unpaid as to the principal and
interest, issued by any taxing body electing to discontinue, the county
clerk shall continue to extend so much of the rate annually, as may be
necessary to retire the principal and interest of such bonds until all
such bonds shall have been paid as to both principal and interest.
In the event that all taxing districts participating in the joint
control and operation of the said airport, shall vote for the
discontinuance of the tax as provided in this section, the Board of
Directors within thirty days after receiving a certification from the
clerks of the various taxing authorities that the proposal for
discontinuance is carried by a majority vote, shall proceed to wind up
the affairs of the airport and after the payment of all obligations, the
moneys in the airport fund shall become a part of the General Fund of
the respective taxing districts in the proportion that each taxing
district contributed financially in the maintenance and operation of
such airport; and the Circuit Court in the County shall, upon due
application by the Board of Directors, stating the facts, the date of
the discontinuance of the respective taxing bodies, together with an
inventory of the property, appoint a receiver to take charge of the
property and equipment, both real and personal, in the custody and under
the control of the Board of Directors. The receiver shall be empowered
by the Court to sell the property under the direction of the Court, in
accordance with the laws for the sale of property in partition
proceedings and after payment of all costs and expenses, distribute the
proceeds thereof equitably among the taxing bodies jointly participating
therein to their respective General Funds in the proportion that each
participated financially in the construction and operation of the
airport.
(Source: P.A. 81-1489.)
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(620 ILCS 45/11) (from Ch. 15 1/2, par. 94)
Sec. 11.
Any such county which has voted, or hereafter votes to authorize a
tax for an airport and landing field at a rate in addition to the maximum
rate now or hereafter authorized to be levied and extended for general
county purposes, may issue bonds as in this Act provided in an amount not
to exceed one percent (1%) on the dollar valuation of all taxable property
of such county for the purpose of constructing or improving an airport and
landing field within the county; Provided, that such bonds may not be
issued to an amount, including existing indebtedness, in excess of the
constitutional limit of indebtedness.
In the event that any taxing body has voted, under the provisions of
this Act, to authorize a tax for the joint operation of an airport and
landing field with other taxing bodies at a rate now or hereafter
authorized to be levied and extended for general corporate purposes, it may
issue bonds for its proportionate share as in this Act provided in an
amount not to exceed one percent (1%) on the dollar valuation of all
taxable property of such taxing district for the purpose of participating
jointly in constructing or improving an airport and landing field;
Provided, that such bonds may not be issued to an amount, including
existing indebtedness, above the constitutional limit of indebtedness of
such taxing district.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/12) (from Ch. 15 1/2, par. 95)
Sec. 12.
Before any such taxing body shall be authorized to issue
bonds as in this Act provided:
(a) The Board of Directors of the airport and landing field shall
adopt plans and specifications describing the airport and landing field
to be constructed or improved, the type of construction of or
improvement to be made, and shall make an estimate of the cost of such
construction or improvement, and shall procure approval of such plans
and specifications and the estimate of the costs thereof from the
Department of Transportation of this State; and
(b) The Board of Directors of the airport and landing field shall
transmit such plans and specifications and estimate of costs, together
with the approval thereof by the Department of Transportation
of this
State, to the governing bodies of the respective taxing districts, with
a request that such governing bodies adopt resolutions providing for the
construction or improvement of such airport and landing field and for
the issuance of the proper proportion of bonds by the respective
corporate authorities to pay all or part of the costs thereof in the
proportions set forth in the proposition adopted by the electors.
(Source: P.A. 81-840.)
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(620 ILCS 45/13) (from Ch. 15 1/2, par. 96)
Sec. 13.
Before any such taxing district shall be authorized to issue
bonds, as in this Act provided, having a maturity date later than
January first of the second calendar year following the period of years
for which such additional tax for an airport and landing field purposes
was voted (which January first of such year is hereafter referred to as
the "maturity limitation heretofore mentioned"):
The governing body of the taxing district shall adopt a resolution of
determination to construct or improve an airport and landing field and
shall declare its desire to submit to the voters of the district the
proposition to issue bonds for its proportionate share therefor. The resolution
and the proposition shall be certified to the proper election officials,
who shall submit the proposition to the voters at an election in accordance
with the general election law.
The proposition shall be in substantially the following form:
Shall bonds of (here name taxing district) in the amount of........ Dollars ($....) be issued for the construction or improvement of an airport and YES landing field under the provisions of "An Act in relation to the establishment, acquisition, maintenance and operation of airports and landing fields by counties of less than 500,000 population, and by such counties jointly with certain taxing districts located within NO or partly within such counties, and to provide methods for the financing thereof", enacted by the Sixty-third General Assembly?
If a majority of the voters voting upon the proposition vote in favor
of the issuance of the bonds, then the taxing district may issue the
bonds in the amount specified in the resolution and ballot.
(Source: P.A. 81-1489.)
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(620 ILCS 45/14) (from Ch. 15 1/2, par. 97)
Sec. 14.
It shall not be necessary for the governing body of the county or
other taxing district to submit to the legal voters of such taxing district
the question of issuing such bonds where the final maturity thereof is
within the maturity limitation heretofore mentioned in Section 13 of this
Act, and the County Board or governing body of a taxing district may
issue such bonds without complying with the provisions of Section 13 of
this Act by adopting a resolution as provided in Section 16 hereof.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/15) (from Ch. 15 1/2, par. 98)
Sec. 15.
If, in the case of bonds the final maturity date of which is
beyond said maturity limitation heretofore mentioned in Section 13, a
petition for referendum with the requisite number of signatures is filed
within the time as herein provided, then the county board or governing
body of a respective taxing district shall order that such proposition be
submitted at a regular election and shall certify such order and the proposition
to the proper election officials, who shall submit the proposition to the
voters at an election in accordance with the general election law. In addition
to the requirement of the general election law, the notice of such referendum
shall state the bond proposition to be submitted to the voters.
The proposition shall be in
substantially the following form:
Shall (naming the corporate authority) issue bonds in the amount of $.... for the purpose of constructing or improving an airport and landing field, heretofore designed and approved YES by the Board of Directors of the airport and landing field (naming it), as authorized by "An Act in relation to the establishment, acquisition, maintenance and operation of airports and landing fields by counties of less than 500,000 population, and by such counties jointly with certain taxing districts located within or partly within NO such counties, and to provide methods for the financing thereof", enacted by the 63rd General Assembly of the State of Illinois?
(Source: P.A. 81-1489.)
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(620 ILCS 45/16) (from Ch. 15 1/2, par. 99)
Sec. 16.
Before issuing any bonds as provided in this Act, the county
board or governing body of the respective governmental unit shall adopt a
resolution specifying the amount of bonds to be issued, the date,
denominations, rate of interest and maturities, and fix all the details
with respect to the issue and execution thereof, and shall levy a tax
sufficient to pay both the principal of and interest upon such bonds as
they mature. Such bonds issued in compliance with Section 13 hereof,
shall mature at such time or times as the county board or other governing
body shall fix, but not in excess of twenty (20) years from date thereof.
Any such bonds, the final maturity of which is within such maturity
limitation heretofore mentioned in Section 13, shall mature at such times
as the county board or the governing body of the other respective taxing
districts shall fix within such said maturity limitation heretofore
mentioned. All of such bonds shall bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, payable semi-annually,
and shall be payable at such place as the county board or the governing
body of the respective taxing districts shall fix.
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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(620 ILCS 45/17) (from Ch. 15 1/2, par. 100)
Sec. 17.
In case any officer whose signature appears on the bonds shall
cease to be such officer before delivery of such bonds, such signature
shall nevertheless be valid and sufficient for all purposes the same as if
such officer had remained in office until such delivery was effected.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/18) (from Ch. 15 1/2, par. 101)
Sec. 18.
The tax rate for the payment of the principal of and interest on
such bonds shall be in addition to the maximum rate now or hereafter
authorized to be levied and extended for general county purposes or the
general corporate purposes of the respective taxing district, and shall be
in addition to the rates extended for any and all taxes now or hereafter
authorized or permitted to be levied or extended for county purposes or
corporate purposes of the respective taxing districts, in excess of the
maximum rate for general county purposes now or hereafter permitted by law;
and in excess of the maximum rate for general corporate purposes for the
respective taxing districts now or hereafter permitted by law. Such tax
shall not be subject to any limitation as to amount or rate except the
constitutional limitation.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/19) (from Ch. 15 1/2, par. 102)
Sec. 19.
The Board of Directors from time to time may execute and deliver
bonds, notes or certificates of indebtedness in such form as may be
approved by the Board of Directors, and payable at such place and subject
to such terms as may be specified and in such denominations and amounts as
the resolution authorizing the issuance thereof may provide. Any such
bonds, notes or certificates of indebtedness shall mature within fifteen
(15) years from the date thereof and shall be payable solely from revenue
derived from the operation, management or use of the airport, landing
field, airdrome, hangar, building, structure or other facility in
accordance with the rules, regulations, contracts, leases or sub-leases of
the Board of Directors. Such revenue obligations shall not be payable out
of any funds derived by the Board of Directors from taxation or by funds
derived from the sale of any property belonging to said airport, except
notes or obligations incident to the purchase or acquisition of such
personal property as may be purchased by the Board of Directors under a
conditional sales contract, revenue from which personal property is pledged
to secure payment of the balance due on the purchase price thereof, which
is evidenced by any such notes or obligations. Any bond, note or
certificate of indebtedness issued under this section shall recite in the
body thereof that the same is payable solely from the revenue pledged to
pay the same, and shall state the nature or source of such revenue, and
shall state on its face that the same is not payable from taxation and that
it is not a debt within the meaning of any statutory or constitutional
limitation.
(Source: Laws 1943, vol. 1, p. 516.)
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(620 ILCS 45/20) (from Ch. 15 1/2, par. 103)
Sec. 20.
The Board of Directors may apply for and receive a grant or loan
or other financial aid from the State or Federal government or from any
State or Federal agency, department, bureau or board, necessary or useful
for the undertaking, performance or execution of any of its objects or
purposes, and any such Board of Directors may undertake the acquisition,
establishment, construction or development or improvement of an airport or
airports in co-operation with or as a joint enterprise with the State or
Federal governments or with both the State and Federal governments acting
or represented by any State or Federal agency, department, bureau or board.
In every case where Federal or State aid or financial assistance is to
be secured, or where the Federal or State governments, or both the Federal
and State governments, have joined with any such Board of Directors for the
acquisition, establishment, construction, development or improvement of an
airport, such Board of Directors may secure necessary funds to finance its
portion of the cost of such project through the issuance of bonds in the
manner provided by this Act, or by the issuance of obligations payable
from operating revenue.
(Source: Laws 1943, vol. 1, p. 516.)
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