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Peo. Ex Rel. Peoria Civ. Ctr. v. Vonachen

OPINION FILED NOVEMBER 25, 1975.

THE PEOPLE EX REL. PEORIA CIVIC CENTER AUTHORITY, PETITIONER,

v.

DONALD F. VONACHEN, RESPONDENT.



Original proceeding for mandamus.

PER CURIAM:

Rehearing denied January 22, 1976.

This is an original petition for a writ of mandamus to direct the respondent, Donald F. Vonachen, the chairman of the Peoria Civic Center Authority, to execute certain bonds authorized under the Metro-East Exposition and Performing Arts Authority Act. Pub. Act 78-1289; S.H.A. (1975), ch. 85, par. 1501 et seq. (hereafter Metro-East Act).

Prior to the passage of the Metro-East Act, the legislature had enacted the Springfield Metropolitan Exposition and Auditorium Authority Act (1965) (Ill. Rev. Stat. 1973, ch. 85, par. 1251 et seq.), the Rockford Civic Center Act (1969) (Ill. Rev. Stat. 1973, ch. 85, par. 1331 et seq.), the Peoria Civic Center Act (1973) (Ill. Rev. Stat. 1973, ch. 85, par. 1441 et seq.), and the Aurora Civic Center Act (1973) (Ill. Rev. Stat. 1973, ch. 85, par. 1401 et seq.). In general, the authorities established under these statutes are empowered to construct, purchase, or lease facilities which will promote cultural and civic development in their geographical areas. (See, e.g., Ill. Rev. Stat. 1973, ch. 85, par. 1444.) To finance these projects each authority was granted the power to issue bonds, which were to be payable from revenues derived from the operations of the authority (see, e.g., Ill. Rev. Stat. 1973, ch. 85, par. 1449) and from ad valorem taxation (see, e.g., Ill. Rev. Stat. 1973, ch. 85, pars. 1448, 1450). Each authority was also authorized to receive certain funds held in the Metropolitan Exposition, Auditorium and Office Building Fund (Ill. Rev. Stat. 1973, ch. 85, par. 1394).

The Metro-East Act establishes a similar authority for the area composed of Madison and St. Clair counties (Pub. Act 78-1289, sec. 1(g); S.H.A. (1975), ch. 85, par. 1501(g)). The Act also provides an additional method of financing for all five of the authorities. This financing method allows for the issuance of bonds which would be payable from sums to be appropriated by the legislature from the Auditorium Authority Fund. Pub. Act 78-1289, sec. 7; S.H.A. (1975), ch. 85, par. 1507.

On September 4, 1974, the Governor returned the Metro-East Act to the Senate with specific recommendations for change affecting four sections of the Act, stating that he was acting pursuant to section 9(e) of article IV of the Constitution of 1970. The legislature accepted the Governor's recommendations, and on January 20, 1975, he certified that the legislature's acceptance or adoption conformed to his specific recommendations. The legislature subsequently declared the effective date for the Act to be April 15, 1975 (Pub. Act 19-26). This bill was signed by the Governor on May 16, 1975.

The city of Peoria adopted three ordinances on May 19, 1975, which authorized the issuance of $15,000,000 in revenue bonds pursuant to authority granted in the Metro-East Act (Pub. Act 78-1289, sec. 7(c); S.H.A. (1975), ch. 85, par. 1507(c)). The commissioners of the Peoria Civic Center Authority directed the respondent, Donald F. Vonachen, the chairman of the Authority, to execute the bonds. He refused to do so on grounds we shall consider in this opinion. We granted leave to the Peoria Civic Center Authority to file a petition for writ of mandamus to compel the respondent to execute the bonds.

A number of contentions are made by the respondent in defense of his refusal to execute the bonds, and one of them, we judge, is dispositive of this action. It is that a portion of the Act (though the portion we rely on is not the one on which the respondent bases his argument) violates that part of section 8(d) of article IV of the Constitution which provides:

"A bill expressly amending a law shall set forth completely the sections amended."

The very title of the Metro-East Act shows it is providing additional financing methods for the Springfield, Rockford, Peoria and Aurora Authorities, and section 1(b) of the Act sets out the statutes which created the Authorities.

The respondent, however, has overlooked what to us are palpable violations of the portion of section 8(d) of article IV of the Constitution that we are considering. The very title of the Metro-East Act shows it is providing additional financing methods for the Springfield, Rockford, Peoria and Aurora Authorities, and section 1(b) of the Act sets out the statutes which created the Authorities.

The title to the Act reads:

"An Act to provide for an Exposition and Performing Arts Authority in Madison and St. Clair Counties and to define its powers and duties and to provide additional financing methods for the Springfield Metropolitan Exposition and Auditorium Authority, the Rockford Metropolitan Exposition, Auditorium and Office Building Authority and the Peoria Civic Center Authority and to provide additional ...


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