|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB5736 Introduced 4/7/2026, by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: | | 10 ILCS 5/28-1 | from Ch. 46, par. 28-1 | 55 ILCS 5/6-4008 | from Ch. 34, par. 6-4008 | 60 ILCS 1/210-5 | | 75 ILCS 5/5-2.5 | | 105 ILCS 5/5-32 | from Ch. 122, par. 5-32 | 105 ILCS 5/12-13 | from Ch. 122, par. 12-13 | 105 ILCS 5/12-15 | from Ch. 122, par. 12-15 | 105 ILCS 5/19-1 | | 105 ILCS 5/19-3 | from Ch. 122, par. 19-3 | 105 ILCS 5/19-9 | from Ch. 122, par. 19-9 | 105 ILCS 5/20-7 | from Ch. 122, par. 20-7 | 105 ILCS 5/32-5.6 | from Ch. 122, par. 32-5.6 | 105 ILCS 5/34-22.1 | from Ch. 122, par. 34-22.1 | 105 ILCS 5/34-22.2 | from Ch. 122, par. 34-22.2 | 105 ILCS 5/34-22.3 | from Ch. 122, par. 34-22.3 | 105 ILCS 5/34-22.4 | from Ch. 122, par. 34-22.4 | 105 ILCS 5/34-22.5 | from Ch. 122, par. 34-22.5 | 110 ILCS 805/3A-1 | from Ch. 122, par. 103A-1 |
| Amends the Election Code, the Counties Code, the Township Code, the Illinois Local Library Act, the School Code, and the Public Community College Act. In provisions concerning the issuance of bonds, provides that the affected bond referenda must be held at a general election (rather than at a regularly scheduled election). |
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Section 28-1 as follows: |
| 6 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) |
| 7 | | Sec. 28-1. The initiation and submission of all public |
| 8 | | questions to be voted upon by the electors of the State or of |
| 9 | | any political subdivision or district or precinct or |
| 10 | | combination of precincts shall be subject to the provisions of |
| 11 | | this Article. |
| 12 | | Questions of public policy which have any legal effect |
| 13 | | shall be submitted to referendum only as authorized by a |
| 14 | | statute which so provides or by the Constitution. Advisory |
| 15 | | questions of public policy shall be submitted to referendum |
| 16 | | pursuant to Section 28-5 or pursuant to a statute which so |
| 17 | | provides. |
| 18 | | The method of initiating the submission of a public |
| 19 | | question shall be as provided by the statute authorizing such |
| 20 | | public question, or as provided by the Constitution. |
| 21 | | All public questions shall be initiated, submitted and |
| 22 | | printed on the ballot in the form required by Section 16-7 of |
| 23 | | this Act, except as may otherwise be specified in the statute |
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| 1 | | authorizing a public question. |
| 2 | | Whenever a statute provides for the initiation of a public |
| 3 | | question by a petition of electors, the provisions of such |
| 4 | | statute shall govern with respect to the number of signatures |
| 5 | | required, the qualifications of persons entitled to sign the |
| 6 | | petition, the contents of the petition, the officer with whom |
| 7 | | the petition must be filed, and the form of the question to be |
| 8 | | submitted. If such statute does not specify any of the |
| 9 | | foregoing petition requirements, the corresponding petition |
| 10 | | requirements of Section 28-6 shall govern such petition. |
| 11 | | Irrespective of the method of initiation, not more than 3 |
| 12 | | public questions other than (a) back door referenda, (b) |
| 13 | | referenda to determine whether a disconnection may take place |
| 14 | | where a city coterminous with a township is proposing to annex |
| 15 | | territory from an adjacent township, (c) referenda held under |
| 16 | | the provisions of the Property Tax Extension Limitation Law in |
| 17 | | the Property Tax Code, (d) referenda held under Section 2-3002 |
| 18 | | of the Counties Code, or (e) referenda held under Article 22, |
| 19 | | 23, or 29 of the Township Code may be submitted to referendum |
| 20 | | with respect to a political subdivision at the same election. |
| 21 | | If more than 3 propositions are timely initiated or |
| 22 | | certified for submission at an election with respect to a |
| 23 | | political subdivision, the first 3 validly initiated, by the |
| 24 | | filing of a petition or by the adoption of a resolution or |
| 25 | | ordinance of a political subdivision, as the case may be, |
| 26 | | shall be printed on the ballot and submitted at that election. |
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| 1 | | However, except as expressly authorized by law not more than |
| 2 | | one proposition to change the form of government of a |
| 3 | | municipality pursuant to Article VII of the Constitution may |
| 4 | | be submitted at an election. If more than one such proposition |
| 5 | | is timely initiated or certified for submission at an election |
| 6 | | with respect to a municipality, the first validly initiated |
| 7 | | shall be the one printed on the ballot and submitted at that |
| 8 | | election. |
| 9 | | No public question shall be submitted to the voters of a |
| 10 | | political subdivision at any regularly scheduled election at |
| 11 | | which such voters are not scheduled to cast votes for any |
| 12 | | candidates for nomination for, election to or retention in |
| 13 | | public office, except that if, in any existing or proposed |
| 14 | | political subdivision in which the submission of a public |
| 15 | | question at a regularly scheduled election is desired, the |
| 16 | | voters of only a portion of such existing or proposed |
| 17 | | political subdivision are not scheduled to cast votes for |
| 18 | | nomination for, election to or retention in public office at |
| 19 | | such election, but the voters in one or more other portions of |
| 20 | | such existing or proposed political subdivision are scheduled |
| 21 | | to cast votes for nomination for, election to or retention in |
| 22 | | public office at such election, the public question shall be |
| 23 | | voted upon by all the qualified voters of the entire existing |
| 24 | | or proposed political subdivision at the election. |
| 25 | | Not more than 3 advisory public questions may be submitted |
| 26 | | to the voters of the entire state at a general election. If |
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| 1 | | more than 3 such advisory propositions are initiated, the |
| 2 | | first 3 timely and validly initiated shall be the questions |
| 3 | | printed on the ballot and submitted at that election; provided |
| 4 | | however, that a question for a proposed amendment to Article |
| 5 | | IV of the Constitution pursuant to Section 3, Article XIV of |
| 6 | | the Constitution, or for a question submitted under the |
| 7 | | Property Tax Cap Referendum Law, shall not be included in the |
| 8 | | foregoing limitation. |
| 9 | | Notwithstanding any other provision of law, a community |
| 10 | | mental health public question may not be placed on the 2024 |
| 11 | | primary or general election ballot or on the 2025 consolidated |
| 12 | | election ballots in the same township where a community mental |
| 13 | | health public question was approved on the 2022 general |
| 14 | | election ballot. |
| 15 | | Notwithstanding any other provision of law, a question |
| 16 | | initiated by a political subdivision of government requesting |
| 17 | | the issuance of bonds shall be held only during a general |
| 18 | | election. |
| 19 | | (Source: P.A. 103-565, eff. 11-17-23; 103-1070, eff. 3-21-25.) |
| 20 | | Section 10. The Counties Code is amended by changing |
| 21 | | Section 6-4008 as follows: |
| 22 | | (55 ILCS 5/6-4008) (from Ch. 34, par. 6-4008) |
| 23 | | Sec. 6-4008. Petition for referendum. If a petition is |
| 24 | | filed with the county clerk not later than 28 days after the |
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| 1 | | first publication or the posting of the resolution, signed by |
| 2 | | not less than 5% of the number of legal voters who voted at the |
| 3 | | last general election in such county, requesting that the |
| 4 | | question of establishing an annual tax levy for the purpose of |
| 5 | | obtaining funds to construct, reconstruct or remodel a |
| 6 | | courthouse be submitted to the electors of the county, the |
| 7 | | county clerk shall certify the question to the proper election |
| 8 | | officials for submission at the next general regular scheduled |
| 9 | | election in accordance with the general election law. |
| 10 | | The question shall be substantially in the following form: |
| 11 | | -
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| 12 | | Shall .............. county issue bond YES
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| 13 | | in the amount of $........ to construct -------------------
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| 14 | | (or reconstruct or remodel a courthouse)? NO
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| 15 | | ------------------------------------------------------------- |
| 16 | | The election shall be conducted in accordance with the |
| 17 | | general election law, at the nonpartisan election in 1981. |
| 18 | | If a majority of the voters voting upon the aforesaid |
| 19 | | question vote in favor of it, the bonds may be issued by such |
| 20 | | county, but if a majority of the voters voting upon the |
| 21 | | question vote against the question the county may not issue |
| 22 | | bonds for the purpose of constructing, reconstructing, or |
| 23 | | remodeling a courthouse under the provisions of this Division. |
| 24 | | (Source: P.A. 86-962.) |
| 25 | | Section 15. The Township Code is amended by changing |
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| 1 | | Section 210-5 as follows: |
| 2 | | (60 ILCS 1/210-5) |
| 3 | | Sec. 210-5. Application of Article; referendum. |
| 4 | | (a) This Article applies only in those townships in which |
| 5 | | the electors of the unincorporated area of the township, at |
| 6 | | any regularly scheduled election held within the township, by |
| 7 | | majority vote, authorize the township board to exercise the |
| 8 | | powers conferred by this Article. |
| 9 | | (b) Whenever the township board, by a resolution passed by |
| 10 | | a majority of its members, requests that the question whether |
| 11 | | it shall be allowed to exercise the powers conferred by this |
| 12 | | Article be submitted to the electors of the unincorporated |
| 13 | | area of the township, and upon the delivery of a certified copy |
| 14 | | of the resolution to the proper election official, the |
| 15 | | election official shall submit the question to the electors at |
| 16 | | any regular scheduled election held within the township or, |
| 17 | | for the issuance of bonds, at any general election held within |
| 18 | | the township. |
| 19 | | (c) The question submitted to the electors shall be |
| 20 | | printed in plain, prominent type upon a ballot in the form |
| 21 | | required by the general election law. If a majority of the |
| 22 | | electors voting on the question are in favor of conferring |
| 23 | | powers under this Article, the proper election official shall |
| 24 | | certify the results of the referendum to the township clerk |
| 25 | | within 10 days after the election. The certificate shall |
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| 1 | | include (i) the date of the referendum and a summary of the |
| 2 | | proposition submitted, (ii) the number of electors for or |
| 3 | | against the proposition, and (iii) a description of the area |
| 4 | | of the township within which the township board may exercise |
| 5 | | the powers conferred by this Article. |
| 6 | | (d) This Article does not apply in any township in which a |
| 7 | | county ordinance or resolution is in effect regulating the |
| 8 | | collection and disposal of refuse, garbage, and ashes. |
| 9 | | (Source: P.A. 82-783; 88-62.) |
| 10 | | Section 20. The Illinois Local Library Act is amended by |
| 11 | | changing Section 5-2.5 as follows: |
| 12 | | (75 ILCS 5/5-2.5) |
| 13 | | Sec. 5-2.5. Bonds as indebtedness. Notwithstanding any |
| 14 | | provision of law to the contrary: |
| 15 | | (a) Any bonds issued under Section 5-2 of this Act shall |
| 16 | | not be considered indebtedness under any law including, but |
| 17 | | not limited to, Section 8-5-1 of the Illinois Municipal Code, |
| 18 | | and such bonds may be issued, regardless of any limitations on |
| 19 | | indebtedness in law, if the conditions of subsection (b) are |
| 20 | | met. |
| 21 | | (b) Bonds shall not be considered indebtedness and may be |
| 22 | | issued regardless of any limitations on indebtedness under |
| 23 | | subsection (a) if: |
| 24 | | (1) the bond or bonds are issued after approval by |
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| 1 | | voters at a general regularly scheduled election; |
| 2 | | (2) the bond or bonds do not exceed a principal amount |
| 3 | | of $11,000,000 in the aggregate; |
| 4 | | (3) on or before the date of sale of the bond or bonds, |
| 5 | | the board of trustees of the public library and the |
| 6 | | corporate authorities determine, by ordinance or |
| 7 | | resolution, that the library project funded by the bond or |
| 8 | | bonds is needed; and |
| 9 | | (4) the bond or bonds are issued prior to November 1, |
| 10 | | 2020. |
| 11 | | (Source: P.A. 99-735, eff. 8-5-16.) |
| 12 | | Section 25. The School Code is amended by changing |
| 13 | | Sections 5-32, 12-13, 12-15, 19-1, 19-3, 19-9, 20-7, 32-5.6, |
| 14 | | 34-22.1, 34-22.2, 34-22.3, 34-22.4, and 34-22.5 as follows: |
| 15 | | (105 ILCS 5/5-32) (from Ch. 122, par. 5-32) |
| 16 | | Sec. 5-32. Failure to maintain schools - Transportation |
| 17 | | and tuition. If any school district other than a non-high |
| 18 | | school district shall for 1 year fail to maintain within the |
| 19 | | boundaries of the school district a recognized public school |
| 20 | | as required by law, such district shall become automatically |
| 21 | | dissolved and the property and territory of such district |
| 22 | | shall be disposed of in the manner provided for the disposal of |
| 23 | | territory and property in Section 7-11 of this Act. However, a |
| 24 | | school district shall not be dissolved where the State Board |
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| 1 | | of Education and the regional superintendent of the region in |
| 2 | | which a district has legally authorized the building of a |
| 3 | | school and legally selected a school house site and has issued |
| 4 | | bonds for such building shall jointly find and certify that |
| 5 | | such building has been authorized, site selected and bonds |
| 6 | | issued. |
| 7 | | If a district has its territory included within a petition |
| 8 | | to form a community unit district under Article 11E of this |
| 9 | | Code, that district may not be dissolved under this Section |
| 10 | | until the end of the school year in which all proceedings |
| 11 | | relating to formation of that community unit district are |
| 12 | | finally concluded, whether by disallowance of the petition, by |
| 13 | | referendum, by a final court decision or otherwise. Until such |
| 14 | | proceedings are finally concluded, the regional superintendent |
| 15 | | having jurisdiction of the district that is not maintaining a |
| 16 | | recognized school shall assign the pupils of that district to |
| 17 | | an adjoining school district, subject to the requirement that |
| 18 | | the district from which the pupils are so assigned shall pay |
| 19 | | tuition for such pupils to the district to which the pupils are |
| 20 | | assigned, in accordance with Section 10-20.12a of this Act or |
| 21 | | in such lesser amount as may be agreed to by the 2 districts. |
| 22 | | However, until July 1, 1969 or one year after the entry of |
| 23 | | a final decision by a court of competent jurisdiction in the |
| 24 | | event of litigation with respect to any of the matters set |
| 25 | | forth in this Section, whichever is the later, notwithstanding |
| 26 | | the provisions of this Section, any protectorate high school |
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| 1 | | district composed of contiguous and compact territory having |
| 2 | | not less than 2,000 inhabitants and which has an equalized |
| 3 | | assessed valuation of not less than $6,000,000, shall be and |
| 4 | | remain a protectorate high school district if a majority of |
| 5 | | the pupils attend a high school in a special charter district |
| 6 | | maintaining grades 1 through 12 and if during that period the |
| 7 | | voters of the district, by referendum to be ordered by the |
| 8 | | board, vote in favor of the proposition that such district |
| 9 | | maintain and operate a high school within such district, and |
| 10 | | also authorize the purchase of a school site, the building of a |
| 11 | | school building and the issuance of bonds for such purpose, |
| 12 | | which bonds are duly issued. The Board shall certify the |
| 13 | | proposition to the proper election authorities for submission, |
| 14 | | in accordance with the general election law. |
| 15 | | The proposition to maintain and operate a high school |
| 16 | | within such district shall be in substantially the following |
| 17 | | form: |
| 18 | | --------------------------------------------------------
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| 19 | | Shall ......................
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| 20 | | High School District Number ......, YES
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| 21 | | ........... County, Illinois,
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| 22 | | maintain and operate a high school ------------------------
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| 23 | | within that High School
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| 24 | | District and for the benefit NO
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| 25 | | of the pupils residing therein?
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| 26 | | ------------------------------------------------------------- |
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| 1 | | and is approved if a majority of the voters voting on the |
| 2 | | proposition is in favor thereof. The proposition of purchasing |
| 3 | | a school site, the building of a school building and the |
| 4 | | issuance of bonds for such purpose shall be submitted to the |
| 5 | | voters and may be voted upon at the same election that the |
| 6 | | proposition of maintaining and operating a high school within |
| 7 | | the district is submitted or at any general regularly |
| 8 | | scheduled election subsequent thereto as may be ordered by the |
| 9 | | board. Thereupon, that protectorate high school district shall |
| 10 | | thereafter exist as a community high school district and |
| 11 | | possess and enjoy all of the powers, duties and authorities of |
| 12 | | a community high school district under Article 12 of this Act. |
| 13 | | Throughout its existence as a protectorate district and |
| 14 | | until the legal voters residing in the district have |
| 15 | | determined to maintain and operate a high school within the |
| 16 | | district and have been authorized to purchase a school site, |
| 17 | | build a school building and to issue bonds for such purpose and |
| 18 | | which bonds are duly issued, or until the dissolution of the |
| 19 | | district as required by this Section, such protectorate |
| 20 | | district may use its funds to pay for the tuition and |
| 21 | | transportation of the pupils in such district that attend a |
| 22 | | high school in a special charter district maintaining grades 1 |
| 23 | | through 12. A protectorate high school district is defined to |
| 24 | | be a district which does not own or operate its own school |
| 25 | | buildings. |
| 26 | | (Source: P.A. 94-1019, eff. 7-10-06.) |
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| 1 | | (105 ILCS 5/12-13) (from Ch. 122, par. 12-13) |
| 2 | | Sec. 12-13. Bond issue - Resolution - Election. If there |
| 3 | | has been a delay in the extension and collection of taxes |
| 4 | | levied by the governing body of any nonhigh school district |
| 5 | | caused by a reassessment of real property therein, the |
| 6 | | district may issue bonds for the purpose of paying unpaid |
| 7 | | tuition claims or other claims against it. |
| 8 | | Before any nonhigh school district issues any such bonds |
| 9 | | the board of education shall examine and consider the claims |
| 10 | | proposed to be paid, and if it appears that they were |
| 11 | | authorized and allowed for proper nonhigh school purposes, it |
| 12 | | shall adopt a resolution so declaring and set forth and |
| 13 | | describe in detail such claims. The adoption of the resolution |
| 14 | | shall establish the validity thereof. The resolution shall |
| 15 | | also declare the intention of the nonhigh school district to |
| 16 | | issue bonds for the purpose of paying such claims and direct |
| 17 | | that notice of such intention be published at least once in a |
| 18 | | newspaper published and having a general circulation in the |
| 19 | | district, if there be one, but if there is no newspaper |
| 20 | | published in such district then by publishing such notice in a |
| 21 | | newspaper having a general circulation in the district or if |
| 22 | | no newspaper is published in the district in one or more |
| 23 | | newspapers with a general circulation in the district. The |
| 24 | | notice shall include a statement of (1) the specific number of |
| 25 | | voters required to sign a petition requesting that the |
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| 1 | | question of the adoption of the resolution be submitted to the |
| 2 | | electors of the district; (2) the time in which the petition |
| 3 | | must be filed; and (3) the date of the prospective referendum. |
| 4 | | The recording officer of the district shall provide a petition |
| 5 | | form to any individual requesting one. If within 30 days after |
| 6 | | the publication a petition is filed with the recording officer |
| 7 | | of the district, signed by voters of the district equal to 10% |
| 8 | | or more of the registered voters of the district, requesting |
| 9 | | that the proposition to issue the bonds be submitted to the |
| 10 | | voters thereof, then such district shall not be authorized to |
| 11 | | issue them until either the petition has been determined to be |
| 12 | | invalid or insufficient or the proposition has been submitted |
| 13 | | to and approved by a majority of the voters voting on the |
| 14 | | proposition at a general regular scheduled election. The board |
| 15 | | shall certify the proposition to the proper election |
| 16 | | authorities for submission in accordance with the general |
| 17 | | election law. If no such petition is filed, or if any and all |
| 18 | | petitions filed are invalid, such district may issue the |
| 19 | | bonds. In addition to the requirements of the general election |
| 20 | | law the notice of the election shall set forth the intention of |
| 21 | | the district to issue bonds under the provisions of this |
| 22 | | Section. The ballot to be used at the election shall be in |
| 23 | | substantially the following form: |
| 24 | | OFFICIAL BALLOT |
| 25 | | ----------------------------------------------
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| 26 | | Shall the Board of Education
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| 1 | | of Nonhigh School District No. YES
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| 2 | | ...., .... County, Illinois, be ------------------
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| 3 | | authorized to issue bonds as authorized NO
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| 4 | | by Sec. 12-13 of the School Code?
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| 5 | | ------------------------------------------------------------- |
| 6 | | (Source: P.A. 87-767.) |
| 7 | | (105 ILCS 5/12-15) (from Ch. 122, par. 12-15) |
| 8 | | Sec. 12-15. Bonds to pay tuition or judgments - Resolution - |
| 9 | | Election. Any nonhigh school district may issue bonds for |
| 10 | | the purpose of paying unpaid tuition claims or judgments which |
| 11 | | have been obtained by any school district against the nonhigh |
| 12 | | school district on unpaid tuition claims, or for the purpose |
| 13 | | of paying other claims against the nonhigh school district. |
| 14 | | Before any such district issues any such bonds the board |
| 15 | | of education thereof shall examine and consider the claims for |
| 16 | | unpaid tuition and other claims proposed to be paid including |
| 17 | | any judgments obtained against the district on unpaid tuition |
| 18 | | claims and if it appears that such claims and judgments were |
| 19 | | authorized and allowed for proper nonhigh school purposes, it |
| 20 | | shall adopt a resolution so declaring and set forth and |
| 21 | | describe in detail such claims and judgments and the adoption |
| 22 | | of the resolution shall establish the validity thereof. The |
| 23 | | intention of the district to issue bonds for the purpose of |
| 24 | | paying such claims and judgments shall be declared in the |
| 25 | | resolution and it shall be directed therein that notice of |
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| 1 | | such intention be published in accordance with the general |
| 2 | | election law. The proposition to issue bonds shall be |
| 3 | | certified to the proper election authorities for submission to |
| 4 | | the voters of the district at a general regular scheduled |
| 5 | | election, in accordance with the general election law and if |
| 6 | | approved by a majority of such voters voting thereon the |
| 7 | | district may issue the bonds. In addition to the requirements |
| 8 | | in the general election law notice of the election shall set |
| 9 | | forth the intention of the district to issue bonds under the |
| 10 | | provisions of this Section. The proposition shall be in |
| 11 | | substantially the following form: |
| 12 | | OFFICIAL BALLOT |
| 13 | | ----------------------------------------------
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| 14 | | Shall the Board of Education of
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| 15 | | Nonhigh School District No....., YES
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| 16 | | .... County, Illinois, be authorized --------------------
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| 17 | | to issue bonds as authorized by NO
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| 18 | | Section 12-15 of the School Code?
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| 19 | | ------------------------------------------------------------- |
| 20 | | (Source: P.A. 81-1489.) |
| 21 | | (105 ILCS 5/19-1) |
| 22 | | Sec. 19-1. Debt limitations of school districts. |
| 23 | | (a) School districts shall not be subject to the |
| 24 | | provisions limiting their indebtedness prescribed in the Local |
| 25 | | Government Debt Limitation Act. |
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| 1 | | No school districts maintaining grades K through 8 or 9 |
| 2 | | through 12 shall become indebted in any manner or for any |
| 3 | | purpose to an amount, including existing indebtedness, in the |
| 4 | | aggregate exceeding 6.9% on the value of the taxable property |
| 5 | | therein to be ascertained by the last assessment for State and |
| 6 | | county taxes or, until January 1, 1983, if greater, the sum |
| 7 | | that is produced by multiplying the school district's 1978 |
| 8 | | equalized assessed valuation by the debt limitation percentage |
| 9 | | in effect on January 1, 1979, previous to the incurring of such |
| 10 | | indebtedness. |
| 11 | | No school districts maintaining grades K through 12 shall |
| 12 | | become indebted in any manner or for any purpose to an amount, |
| 13 | | including existing indebtedness, in the aggregate exceeding |
| 14 | | 13.8% on the value of the taxable property therein to be |
| 15 | | ascertained by the last assessment for State and county taxes |
| 16 | | or, until January 1, 1983, if greater, the sum that is produced |
| 17 | | by multiplying the school district's 1978 equalized assessed |
| 18 | | valuation by the debt limitation percentage in effect on |
| 19 | | January 1, 1979, previous to the incurring of such |
| 20 | | indebtedness. |
| 21 | | No partial elementary unit district, as defined in Article |
| 22 | | 11E of this Code, shall become indebted in any manner or for |
| 23 | | any purpose in an amount, including existing indebtedness, in |
| 24 | | the aggregate exceeding 6.9% of the value of the taxable |
| 25 | | property of the entire district, to be ascertained by the last |
| 26 | | assessment for State and county taxes, plus an amount, |
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| 1 | | including existing indebtedness, in the aggregate exceeding |
| 2 | | 6.9% of the value of the taxable property of that portion of |
| 3 | | the district included in the elementary and high school |
| 4 | | classification, to be ascertained by the last assessment for |
| 5 | | State and county taxes. Moreover, no partial elementary unit |
| 6 | | district, as defined in Article 11E of this Code, shall become |
| 7 | | indebted on account of bonds issued by the district for high |
| 8 | | school purposes in the aggregate exceeding 6.9% of the value |
| 9 | | of the taxable property of the entire district, to be |
| 10 | | ascertained by the last assessment for State and county taxes, |
| 11 | | nor shall the district become indebted on account of bonds |
| 12 | | issued by the district for elementary purposes in the |
| 13 | | aggregate exceeding 6.9% of the value of the taxable property |
| 14 | | for that portion of the district included in the elementary |
| 15 | | and high school classification, to be ascertained by the last |
| 16 | | assessment for State and county taxes. |
| 17 | | Notwithstanding the provisions of any other law to the |
| 18 | | contrary, in any case in which the voters of a school district |
| 19 | | have approved a proposition for the issuance of bonds of such |
| 20 | | school district at an election held prior to January 1, 1979, |
| 21 | | and all of the bonds approved at such election have not been |
| 22 | | issued, the debt limitation applicable to such school district |
| 23 | | during the calendar year 1979 shall be computed by multiplying |
| 24 | | the value of taxable property therein, including personal |
| 25 | | property, as ascertained by the last assessment for State and |
| 26 | | county taxes, previous to the incurring of such indebtedness, |
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| 1 | | by the percentage limitation applicable to such school |
| 2 | | district under the provisions of this subsection (a). |
| 3 | | (a-5) After January 1, 2018, no school district may issue |
| 4 | | bonds under Sections 19-2 through 19-7 of this Code and rely on |
| 5 | | an exception to the debt limitations in this Section unless it |
| 6 | | has complied with the requirements of Section 21 of the Bond |
| 7 | | Issue Notification Act and the bonds have been approved by |
| 8 | | referendum. |
| 9 | | (b) Notwithstanding the debt limitation prescribed in |
| 10 | | subsection (a) of this Section, additional indebtedness may be |
| 11 | | incurred in an amount not to exceed the estimated cost of |
| 12 | | acquiring or improving school sites or constructing and |
| 13 | | equipping additional building facilities under the following |
| 14 | | conditions: |
| 15 | | (1) Whenever the enrollment of students for the next |
| 16 | | school year is estimated by the board of education to |
| 17 | | increase over the actual present enrollment by not less |
| 18 | | than 35% or by not less than 200 students or the actual |
| 19 | | present enrollment of students has increased over the |
| 20 | | previous school year by not less than 35% or by not less |
| 21 | | than 200 students and the board of education determines |
| 22 | | that additional school sites or building facilities are |
| 23 | | required as a result of such increase in enrollment; and |
| 24 | | (2) When the Regional Superintendent of Schools having |
| 25 | | jurisdiction over the school district and the State |
| 26 | | Superintendent of Education concur in such enrollment |
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| 1 | | projection or increase and approve the need for such |
| 2 | | additional school sites or building facilities and the |
| 3 | | estimated cost thereof; and |
| 4 | | (3) When the voters in the school district approve a |
| 5 | | proposition for the issuance of bonds for the purpose of |
| 6 | | acquiring or improving such needed school sites or |
| 7 | | constructing and equipping such needed additional building |
| 8 | | facilities at an election called and held for that |
| 9 | | purpose. Notice of such an election shall state that the |
| 10 | | amount of indebtedness proposed to be incurred would |
| 11 | | exceed the debt limitation otherwise applicable to the |
| 12 | | school district. The ballot for such proposition shall |
| 13 | | state what percentage of the equalized assessed valuation |
| 14 | | will be outstanding in bonds if the proposed issuance of |
| 15 | | bonds is approved by the voters; or |
| 16 | | (4) Notwithstanding the provisions of paragraphs (1) |
| 17 | | through (3) of this subsection (b), if the school board |
| 18 | | determines that additional facilities are needed to |
| 19 | | provide a quality educational program and not less than |
| 20 | | 2/3 of those voting in an election called by the school |
| 21 | | board on the question approve the issuance of bonds for |
| 22 | | the construction of such facilities, the school district |
| 23 | | may issue bonds for this purpose; or |
| 24 | | (5) Notwithstanding the provisions of paragraphs (1) |
| 25 | | through (3) of this subsection (b), if (i) the school |
| 26 | | district has previously availed itself of the provisions |
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| 1 | | of paragraph (4) of this subsection (b) to enable it to |
| 2 | | issue bonds, (ii) the voters of the school district have |
| 3 | | not defeated a proposition for the issuance of bonds since |
| 4 | | the referendum described in paragraph (4) of this |
| 5 | | subsection (b) was held, (iii) the school board determines |
| 6 | | that additional facilities are needed to provide a quality |
| 7 | | educational program, and (iv) a majority of those voting |
| 8 | | in an election called by the school board on the question |
| 9 | | approve the issuance of bonds for the construction of such |
| 10 | | facilities, the school district may issue bonds for this |
| 11 | | purpose. |
| 12 | | In no event shall the indebtedness incurred pursuant to |
| 13 | | this subsection (b) and the existing indebtedness of the |
| 14 | | school district exceed 15% of the value of the taxable |
| 15 | | property therein to be ascertained by the last assessment for |
| 16 | | State and county taxes, previous to the incurring of such |
| 17 | | indebtedness or, until January 1, 1983, if greater, the sum |
| 18 | | that is produced by multiplying the school district's 1978 |
| 19 | | equalized assessed valuation by the debt limitation percentage |
| 20 | | in effect on January 1, 1979. |
| 21 | | The indebtedness provided for by this subsection (b) shall |
| 22 | | be in addition to and in excess of any other debt limitation. |
| 23 | | (c) Notwithstanding the debt limitation prescribed in |
| 24 | | subsection (a) of this Section, in any case in which a public |
| 25 | | question for the issuance of bonds of a proposed school |
| 26 | | district maintaining grades kindergarten through 12 received |
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| 1 | | at least 60% of the valid ballots cast on the question at an |
| 2 | | election held on or prior to November 8, 1994, and in which the |
| 3 | | bonds approved at such election have not been issued, the |
| 4 | | school district pursuant to the requirements of Section 11A-10 |
| 5 | | (now repealed) may issue the total amount of bonds approved at |
| 6 | | such election for the purpose stated in the question. |
| 7 | | (d) Notwithstanding the debt limitation prescribed in |
| 8 | | subsection (a) of this Section, a school district that meets |
| 9 | | all the criteria set forth in paragraphs (1) and (2) of this |
| 10 | | subsection (d) may incur an additional indebtedness in an |
| 11 | | amount not to exceed $4,500,000, even though the amount of the |
| 12 | | additional indebtedness authorized by this subsection (d), |
| 13 | | when incurred and added to the aggregate amount of |
| 14 | | indebtedness of the district existing immediately prior to the |
| 15 | | district incurring the additional indebtedness authorized by |
| 16 | | this subsection (d), causes the aggregate indebtedness of the |
| 17 | | district to exceed the debt limitation otherwise applicable to |
| 18 | | that district under subsection (a): |
| 19 | | (1) The additional indebtedness authorized by this |
| 20 | | subsection (d) is incurred by the school district through |
| 21 | | the issuance of bonds under and in accordance with Section |
| 22 | | 17-2.11a for the purpose of replacing a school building |
| 23 | | which, because of mine subsidence damage, has been closed |
| 24 | | as provided in paragraph (2) of this subsection (d) or |
| 25 | | through the issuance of bonds under and in accordance with |
| 26 | | Section 19-3 for the purpose of increasing the size of, or |
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| 1 | | providing for additional functions in, such replacement |
| 2 | | school buildings, or both such purposes. |
| 3 | | (2) The bonds issued by the school district as |
| 4 | | provided in paragraph (1) above are issued for the |
| 5 | | purposes of construction by the school district of a new |
| 6 | | school building pursuant to Section 17-2.11, to replace an |
| 7 | | existing school building that, because of mine subsidence |
| 8 | | damage, is closed as of the end of the 1992-93 school year |
| 9 | | pursuant to action of the regional superintendent of |
| 10 | | schools of the educational service region in which the |
| 11 | | district is located under Section 3-14.22 or are issued |
| 12 | | for the purpose of increasing the size of, or providing |
| 13 | | for additional functions in, the new school building being |
| 14 | | constructed to replace a school building closed as the |
| 15 | | result of mine subsidence damage, or both such purposes. |
| 16 | | (e) (Blank). |
| 17 | | (f) Notwithstanding the provisions of subsection (a) of |
| 18 | | this Section or of any other law, bonds in not to exceed the |
| 19 | | aggregate amount of $5,500,000 and issued by a school district |
| 20 | | meeting the following criteria shall not be considered |
| 21 | | indebtedness for purposes of any statutory limitation and may |
| 22 | | be issued in an amount or amounts, including existing |
| 23 | | indebtedness, in excess of any heretofore or hereafter imposed |
| 24 | | statutory limitation as to indebtedness: |
| 25 | | (1) At the time of the sale of such bonds, the board of |
| 26 | | education of the district shall have determined by |
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| 1 | | resolution that the enrollment of students in the district |
| 2 | | is projected to increase by not less than 7% during each of |
| 3 | | the next succeeding 2 school years. |
| 4 | | (2) The board of education shall also determine by |
| 5 | | resolution that the improvements to be financed with the |
| 6 | | proceeds of the bonds are needed because of the projected |
| 7 | | enrollment increases. |
| 8 | | (3) The board of education shall also determine by |
| 9 | | resolution that the projected increases in enrollment are |
| 10 | | the result of improvements made or expected to be made to |
| 11 | | passenger rail facilities located in the school district. |
| 12 | | Notwithstanding the provisions of subsection (a) of this |
| 13 | | Section or of any other law, a school district that has availed |
| 14 | | itself of the provisions of this subsection (f) prior to July |
| 15 | | 22, 2004 (the effective date of Public Act 93-799) may also |
| 16 | | issue bonds approved by referendum up to an amount, including |
| 17 | | existing indebtedness, not exceeding 25% of the equalized |
| 18 | | assessed value of the taxable property in the district if all |
| 19 | | of the conditions set forth in items (1), (2), and (3) of this |
| 20 | | subsection (f) are met. |
| 21 | | (g) Notwithstanding the provisions of subsection (a) of |
| 22 | | this Section or any other law, bonds in not to exceed an |
| 23 | | aggregate amount of 25% of the equalized assessed value of the |
| 24 | | taxable property of a school district and issued by a school |
| 25 | | district meeting the criteria in paragraphs (i) through (iv) |
| 26 | | of this subsection shall not be considered indebtedness for |
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| 1 | | purposes of any statutory limitation and may be issued |
| 2 | | pursuant to resolution of the school board in an amount or |
| 3 | | amounts, including existing indebtedness, in excess of any |
| 4 | | statutory limitation of indebtedness heretofore or hereafter |
| 5 | | imposed: |
| 6 | | (i) The bonds are issued for the purpose of |
| 7 | | constructing a new high school building to replace two |
| 8 | | adjacent existing buildings which together house a single |
| 9 | | high school, each of which is more than 65 years old, and |
| 10 | | which together are located on more than 10 acres and less |
| 11 | | than 11 acres of property. |
| 12 | | (ii) At the time the resolution authorizing the |
| 13 | | issuance of the bonds is adopted, the cost of constructing |
| 14 | | a new school building to replace the existing school |
| 15 | | building is less than 60% of the cost of repairing the |
| 16 | | existing school building. |
| 17 | | (iii) The sale of the bonds occurs before July 1, |
| 18 | | 1997. |
| 19 | | (iv) The school district issuing the bonds is a unit |
| 20 | | school district located in a county of less than 70,000 |
| 21 | | and more than 50,000 inhabitants, which has an average |
| 22 | | daily attendance of less than 1,500 and an equalized |
| 23 | | assessed valuation of less than $29,000,000. |
| 24 | | (h) Notwithstanding any other provisions of this Section |
| 25 | | or the provisions of any other law, until January 1, 1998, a |
| 26 | | community unit school district maintaining grades K through 12 |
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| 1 | | may issue bonds up to an amount, including existing |
| 2 | | indebtedness, not exceeding 27.6% of the equalized assessed |
| 3 | | value of the taxable property in the district, if all of the |
| 4 | | following conditions are met: |
| 5 | | (i) The school district has an equalized assessed |
| 6 | | valuation for calendar year 1995 of less than $24,000,000; |
| 7 | | (ii) The bonds are issued for the capital improvement, |
| 8 | | renovation, rehabilitation, or replacement of existing |
| 9 | | school buildings of the district, all of which buildings |
| 10 | | were originally constructed not less than 40 years ago; |
| 11 | | (iii) The voters of the district approve a proposition |
| 12 | | for the issuance of the bonds at a referendum held after |
| 13 | | March 19, 1996; and |
| 14 | | (iv) The bonds are issued pursuant to Sections 19-2 |
| 15 | | through 19-7 of this Code. |
| 16 | | (i) Notwithstanding any other provisions of this Section |
| 17 | | or the provisions of any other law, until January 1, 1998, a |
| 18 | | community unit school district maintaining grades K through 12 |
| 19 | | may issue bonds up to an amount, including existing |
| 20 | | indebtedness, not exceeding 27% of the equalized assessed |
| 21 | | value of the taxable property in the district, if all of the |
| 22 | | following conditions are met: |
| 23 | | (i) The school district has an equalized assessed |
| 24 | | valuation for calendar year 1995 of less than $44,600,000; |
| 25 | | (ii) The bonds are issued for the capital improvement, |
| 26 | | renovation, rehabilitation, or replacement of existing |
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| 1 | | school buildings of the district, all of which existing |
| 2 | | buildings were originally constructed not less than 80 |
| 3 | | years ago; |
| 4 | | (iii) The voters of the district approve a proposition |
| 5 | | for the issuance of the bonds at a referendum held after |
| 6 | | December 31, 1996; and |
| 7 | | (iv) The bonds are issued pursuant to Sections 19-2 |
| 8 | | through 19-7 of this Code. |
| 9 | | (j) Notwithstanding any other provisions of this Section |
| 10 | | or the provisions of any other law, until January 1, 1999, a |
| 11 | | community unit school district maintaining grades K through 12 |
| 12 | | may issue bonds up to an amount, including existing |
| 13 | | indebtedness, not exceeding 27% of the equalized assessed |
| 14 | | value of the taxable property in the district if all of the |
| 15 | | following conditions are met: |
| 16 | | (i) The school district has an equalized assessed |
| 17 | | valuation for calendar year 1995 of less than $140,000,000 |
| 18 | | and a best 3 months average daily attendance for the |
| 19 | | 1995-96 school year of at least 2,800; |
| 20 | | (ii) The bonds are issued to purchase a site and build |
| 21 | | and equip a new high school, and the school district's |
| 22 | | existing high school was originally constructed not less |
| 23 | | than 35 years prior to the sale of the bonds; |
| 24 | | (iii) At the time of the sale of the bonds, the board |
| 25 | | of education determines by resolution that a new high |
| 26 | | school is needed because of projected enrollment |
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| 1 | | increases; |
| 2 | | (iv) At least 60% of those voting in an election held |
| 3 | | after December 31, 1996 approve a proposition for the |
| 4 | | issuance of the bonds; and |
| 5 | | (v) The bonds are issued pursuant to Sections 19-2 |
| 6 | | through 19-7 of this Code. |
| 7 | | (k) Notwithstanding the debt limitation prescribed in |
| 8 | | subsection (a) of this Section, a school district that meets |
| 9 | | all the criteria set forth in paragraphs (1) through (4) of |
| 10 | | this subsection (k) may issue bonds to incur an additional |
| 11 | | indebtedness in an amount not to exceed $4,000,000 even though |
| 12 | | the amount of the additional indebtedness authorized by this |
| 13 | | subsection (k), when incurred and added to the aggregate |
| 14 | | amount of indebtedness of the school district existing |
| 15 | | immediately prior to the school district incurring such |
| 16 | | additional indebtedness, causes the aggregate indebtedness of |
| 17 | | the school district to exceed or increases the amount by which |
| 18 | | the aggregate indebtedness of the district already exceeds the |
| 19 | | debt limitation otherwise applicable to that school district |
| 20 | | under subsection (a): |
| 21 | | (1) the school district is located in 2 counties, and |
| 22 | | a referendum to authorize the additional indebtedness was |
| 23 | | approved by a majority of the voters of the school |
| 24 | | district voting on the proposition to authorize that |
| 25 | | indebtedness; |
| 26 | | (2) the additional indebtedness is for the purpose of |
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| 1 | | financing a multi-purpose room addition to the existing |
| 2 | | high school; |
| 3 | | (3) the additional indebtedness, together with the |
| 4 | | existing indebtedness of the school district, shall not |
| 5 | | exceed 17.4% of the value of the taxable property in the |
| 6 | | school district, to be ascertained by the last assessment |
| 7 | | for State and county taxes; and |
| 8 | | (4) the bonds evidencing the additional indebtedness |
| 9 | | are issued, if at all, within 120 days of August 14, 1998 |
| 10 | | (the effective date of Public Act 90-757). |
| 11 | | (l) Notwithstanding any other provisions of this Section |
| 12 | | or the provisions of any other law, until January 1, 2000, a |
| 13 | | school district maintaining grades kindergarten through 8 may |
| 14 | | issue bonds up to an amount, including existing indebtedness, |
| 15 | | not exceeding 15% of the equalized assessed value of the |
| 16 | | taxable property in the district if all of the following |
| 17 | | conditions are met: |
| 18 | | (i) the district has an equalized assessed valuation |
| 19 | | for calendar year 1996 of less than $10,000,000; |
| 20 | | (ii) the bonds are issued for capital improvement, |
| 21 | | renovation, rehabilitation, or replacement of one or more |
| 22 | | school buildings of the district, which buildings were |
| 23 | | originally constructed not less than 70 years ago; |
| 24 | | (iii) the voters of the district approve a proposition |
| 25 | | for the issuance of the bonds at a referendum held on or |
| 26 | | after March 17, 1998; and |
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| 1 | | (iv) the bonds are issued pursuant to Sections 19-2 |
| 2 | | through 19-7 of this Code. |
| 3 | | (m) Notwithstanding any other provisions of this Section |
| 4 | | or the provisions of any other law, until January 1, 1999, an |
| 5 | | elementary school district maintaining grades K through 8 may |
| 6 | | issue bonds up to an amount, excluding existing indebtedness, |
| 7 | | not exceeding 18% of the equalized assessed value of the |
| 8 | | taxable property in the district, if all of the following |
| 9 | | conditions are met: |
| 10 | | (i) The school district has an equalized assessed |
| 11 | | valuation for calendar year 1995 or less than $7,700,000; |
| 12 | | (ii) The school district operates 2 elementary |
| 13 | | attendance centers that until 1976 were operated as the |
| 14 | | attendance centers of 2 separate and distinct school |
| 15 | | districts; |
| 16 | | (iii) The bonds are issued for the construction of a |
| 17 | | new elementary school building to replace an existing |
| 18 | | multi-level elementary school building of the school |
| 19 | | district that is not accessible at all levels and parts of |
| 20 | | which were constructed more than 75 years ago; |
| 21 | | (iv) The voters of the school district approve a |
| 22 | | proposition for the issuance of the bonds at a referendum |
| 23 | | held after July 1, 1998; and |
| 24 | | (v) The bonds are issued pursuant to Sections 19-2 |
| 25 | | through 19-7 of this Code. |
| 26 | | (n) Notwithstanding the debt limitation prescribed in |
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| 1 | | subsection (a) of this Section or any other provisions of this |
| 2 | | Section or of any other law, a school district that meets all |
| 3 | | of the criteria set forth in paragraphs (i) through (vi) of |
| 4 | | this subsection (n) may incur additional indebtedness by the |
| 5 | | issuance of bonds in an amount not exceeding the amount |
| 6 | | certified by the Capital Development Board to the school |
| 7 | | district as provided in paragraph (iii) of this subsection |
| 8 | | (n), even though the amount of the additional indebtedness so |
| 9 | | authorized, when incurred and added to the aggregate amount of |
| 10 | | indebtedness of the district existing immediately prior to the |
| 11 | | district incurring the additional indebtedness authorized by |
| 12 | | this subsection (n), causes the aggregate indebtedness of the |
| 13 | | district to exceed the debt limitation otherwise applicable by |
| 14 | | law to that district: |
| 15 | | (i) The school district applies to the State Board of |
| 16 | | Education for a school construction project grant and |
| 17 | | submits a district facilities plan in support of its |
| 18 | | application pursuant to Section 5-20 of the School |
| 19 | | Construction Law. |
| 20 | | (ii) The school district's application and facilities |
| 21 | | plan are approved by, and the district receives a grant |
| 22 | | entitlement for a school construction project issued by, |
| 23 | | the State Board of Education under the School Construction |
| 24 | | Law. |
| 25 | | (iii) The school district has exhausted its bonding |
| 26 | | capacity or the unused bonding capacity of the district is |
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| 1 | | less than the amount certified by the Capital Development |
| 2 | | Board to the district under Section 5-15 of the School |
| 3 | | Construction Law as the dollar amount of the school |
| 4 | | construction project's cost that the district will be |
| 5 | | required to finance with non-grant funds in order to |
| 6 | | receive a school construction project grant under the |
| 7 | | School Construction Law. |
| 8 | | (iv) The bonds are issued for a "school construction |
| 9 | | project", as that term is defined in Section 5-5 of the |
| 10 | | School Construction Law, in an amount that does not exceed |
| 11 | | the dollar amount certified, as provided in paragraph |
| 12 | | (iii) of this subsection (n), by the Capital Development |
| 13 | | Board to the school district under Section 5-15 of the |
| 14 | | School Construction Law. |
| 15 | | (v) The voters of the district approve a proposition |
| 16 | | for the issuance of the bonds at a referendum held after |
| 17 | | the criteria specified in paragraphs (i) and (iii) of this |
| 18 | | subsection (n) are met. |
| 19 | | (vi) The bonds are issued pursuant to Sections 19-2 |
| 20 | | through 19-7 of the School Code. |
| 21 | | (o) Notwithstanding any other provisions of this Section |
| 22 | | or the provisions of any other law, until November 1, 2007, a |
| 23 | | community unit school district maintaining grades K through 12 |
| 24 | | may issue bonds up to an amount, including existing |
| 25 | | indebtedness, not exceeding 20% of the equalized assessed |
| 26 | | value of the taxable property in the district if all of the |
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| 1 | | following conditions are met: |
| 2 | | (i) the school district has an equalized assessed |
| 3 | | valuation for calendar year 2001 of at least $737,000,000 |
| 4 | | and an enrollment for the 2002-2003 school year of at |
| 5 | | least 8,500; |
| 6 | | (ii) the bonds are issued to purchase school sites, |
| 7 | | build and equip a new high school, build and equip a new |
| 8 | | junior high school, build and equip 5 new elementary |
| 9 | | schools, and make technology and other improvements and |
| 10 | | additions to existing schools; |
| 11 | | (iii) at the time of the sale of the bonds, the board |
| 12 | | of education determines by resolution that the sites and |
| 13 | | new or improved facilities are needed because of projected |
| 14 | | enrollment increases; |
| 15 | | (iv) at least 57% of those voting in a general |
| 16 | | election held prior to January 1, 2003 approved a |
| 17 | | proposition for the issuance of the bonds; and |
| 18 | | (v) the bonds are issued pursuant to Sections 19-2 |
| 19 | | through 19-7 of this Code. |
| 20 | | (p) Notwithstanding any other provisions of this Section |
| 21 | | or the provisions of any other law, a community unit school |
| 22 | | district maintaining grades K through 12 may issue bonds up to |
| 23 | | an amount, including indebtedness, not exceeding 27% of the |
| 24 | | equalized assessed value of the taxable property in the |
| 25 | | district if all of the following conditions are met: |
| 26 | | (i) The school district has an equalized assessed |
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| 1 | | valuation for calendar year 2001 of at least $295,741,187 |
| 2 | | and a best 3 months' average daily attendance for the |
| 3 | | 2002-2003 school year of at least 2,394. |
| 4 | | (ii) The bonds are issued to build and equip 3 |
| 5 | | elementary school buildings; build and equip one middle |
| 6 | | school building; and alter, repair, improve, and equip all |
| 7 | | existing school buildings in the district. |
| 8 | | (iii) At the time of the sale of the bonds, the board |
| 9 | | of education determines by resolution that the project is |
| 10 | | needed because of expanding growth in the school district |
| 11 | | and a projected enrollment increase. |
| 12 | | (iv) The bonds are issued pursuant to Sections 19-2 |
| 13 | | through 19-7 of this Code. |
| 14 | | (p-5) Notwithstanding any other provisions of this Section |
| 15 | | or the provisions of any other law, bonds issued by a community |
| 16 | | unit school district maintaining grades K through 12 shall not |
| 17 | | be considered indebtedness for purposes of any statutory |
| 18 | | limitation and may be issued in an amount or amounts, |
| 19 | | including existing indebtedness, in excess of any heretofore |
| 20 | | or hereafter imposed statutory limitation as to indebtedness, |
| 21 | | if all of the following conditions are met: |
| 22 | | (i) For each of the 4 most recent years, residential |
| 23 | | property comprises more than 80% of the equalized assessed |
| 24 | | valuation of the district. |
| 25 | | (ii) At least 2 school buildings that were constructed |
| 26 | | 40 or more years prior to the issuance of the bonds will be |
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| 1 | | demolished and will be replaced by new buildings or |
| 2 | | additions to one or more existing buildings. |
| 3 | | (iii) Voters of the district approve a proposition for |
| 4 | | the issuance of the bonds at a general regularly scheduled |
| 5 | | election. |
| 6 | | (iv) At the time of the sale of the bonds, the school |
| 7 | | board determines by resolution that the new buildings or |
| 8 | | building additions are needed because of an increase in |
| 9 | | enrollment projected by the school board. |
| 10 | | (v) The principal amount of the bonds, including |
| 11 | | existing indebtedness, does not exceed 25% of the |
| 12 | | equalized assessed value of the taxable property in the |
| 13 | | district. |
| 14 | | (vi) The bonds are issued prior to January 1, 2007, |
| 15 | | pursuant to Sections 19-2 through 19-7 of this Code. |
| 16 | | (p-10) Notwithstanding any other provisions of this |
| 17 | | Section or the provisions of any other law, bonds issued by a |
| 18 | | community consolidated school district maintaining grades K |
| 19 | | through 8 shall not be considered indebtedness for purposes of |
| 20 | | any statutory limitation and may be issued in an amount or |
| 21 | | amounts, including existing indebtedness, in excess of any |
| 22 | | heretofore or hereafter imposed statutory limitation as to |
| 23 | | indebtedness, if all of the following conditions are met: |
| 24 | | (i) For each of the 4 most recent years, residential |
| 25 | | and farm property comprises more than 80% of the equalized |
| 26 | | assessed valuation of the district. |
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| 1 | | (ii) The bond proceeds are to be used to acquire and |
| 2 | | improve school sites and build and equip a school |
| 3 | | building. |
| 4 | | (iii) Voters of the district approve a proposition for |
| 5 | | the issuance of the bonds at a general regularly scheduled |
| 6 | | election. |
| 7 | | (iv) At the time of the sale of the bonds, the school |
| 8 | | board determines by resolution that the school sites and |
| 9 | | building additions are needed because of an increase in |
| 10 | | enrollment projected by the school board. |
| 11 | | (v) The principal amount of the bonds, including |
| 12 | | existing indebtedness, does not exceed 20% of the |
| 13 | | equalized assessed value of the taxable property in the |
| 14 | | district. |
| 15 | | (vi) The bonds are issued prior to January 1, 2007, |
| 16 | | pursuant to Sections 19-2 through 19-7 of this Code. |
| 17 | | (p-15) In addition to all other authority to issue bonds, |
| 18 | | the Oswego Community Unit School District Number 308 may issue |
| 19 | | bonds with an aggregate principal amount not to exceed |
| 20 | | $450,000,000, but only if all of the following conditions are |
| 21 | | met: |
| 22 | | (i) The voters of the district have approved a |
| 23 | | proposition for the bond issue at the general election |
| 24 | | held on November 7, 2006. |
| 25 | | (ii) At the time of the sale of the bonds, the school |
| 26 | | board determines, by resolution, that: (A) the building |
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| 1 | | and equipping of the new high school building, new junior |
| 2 | | high school buildings, new elementary school buildings, |
| 3 | | early childhood building, maintenance building, |
| 4 | | transportation facility, and additions to existing school |
| 5 | | buildings, the altering, repairing, equipping, and |
| 6 | | provision of technology improvements to existing school |
| 7 | | buildings, and the acquisition and improvement of school |
| 8 | | sites, as the case may be, are required as a result of a |
| 9 | | projected increase in the enrollment of students in the |
| 10 | | district; and (B) the sale of bonds for these purposes is |
| 11 | | authorized by legislation that exempts the debt incurred |
| 12 | | on the bonds from the district's statutory debt |
| 13 | | limitation. |
| 14 | | (iii) The bonds are issued, in one or more bond |
| 15 | | issues, on or before November 7, 2011, but the aggregate |
| 16 | | principal amount issued in all such bond issues combined |
| 17 | | must not exceed $450,000,000. |
| 18 | | (iv) The bonds are issued in accordance with this |
| 19 | | Article 19. |
| 20 | | (v) The proceeds of the bonds are used only to |
| 21 | | accomplish those projects approved by the voters at the |
| 22 | | general election held on November 7, 2006. |
| 23 | | The debt incurred on any bonds issued under this subsection |
| 24 | | (p-15) shall not be considered indebtedness for purposes of |
| 25 | | any statutory debt limitation. |
| 26 | | (p-20) In addition to all other authority to issue bonds, |
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| 1 | | the Lincoln-Way Community High School District Number 210 may |
| 2 | | issue bonds with an aggregate principal amount not to exceed |
| 3 | | $225,000,000, but only if all of the following conditions are |
| 4 | | met: |
| 5 | | (i) The voters of the district have approved a |
| 6 | | proposition for the bond issue at the general primary |
| 7 | | election held on March 21, 2006. |
| 8 | | (ii) At the time of the sale of the bonds, the school |
| 9 | | board determines, by resolution, that: (A) the building |
| 10 | | and equipping of the new high school buildings, the |
| 11 | | altering, repairing, and equipping of existing school |
| 12 | | buildings, and the improvement of school sites, as the |
| 13 | | case may be, are required as a result of a projected |
| 14 | | increase in the enrollment of students in the district; |
| 15 | | and (B) the sale of bonds for these purposes is authorized |
| 16 | | by legislation that exempts the debt incurred on the bonds |
| 17 | | from the district's statutory debt limitation. |
| 18 | | (iii) The bonds are issued, in one or more bond |
| 19 | | issues, on or before March 21, 2011, but the aggregate |
| 20 | | principal amount issued in all such bond issues combined |
| 21 | | must not exceed $225,000,000. |
| 22 | | (iv) The bonds are issued in accordance with this |
| 23 | | Article 19. |
| 24 | | (v) The proceeds of the bonds are used only to |
| 25 | | accomplish those projects approved by the voters at the |
| 26 | | primary election held on March 21, 2006. |
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| 1 | | The debt incurred on any bonds issued under this subsection |
| 2 | | (p-20) shall not be considered indebtedness for purposes of |
| 3 | | any statutory debt limitation. |
| 4 | | (p-25) In addition to all other authority to issue bonds, |
| 5 | | Rochester Community Unit School District 3A may issue bonds |
| 6 | | with an aggregate principal amount not to exceed $18,500,000, |
| 7 | | but only if all of the following conditions are met: |
| 8 | | (i) The voters of the district approve a proposition |
| 9 | | for the bond issuance at the general primary election held |
| 10 | | in 2008. |
| 11 | | (ii) At the time of the sale of the bonds, the school |
| 12 | | board determines, by resolution, that: (A) the building |
| 13 | | and equipping of a new high school building; the addition |
| 14 | | of classrooms and support facilities at the high school, |
| 15 | | middle school, and elementary school; the altering, |
| 16 | | repairing, and equipping of existing school buildings; and |
| 17 | | the improvement of school sites, as the case may be, are |
| 18 | | required as a result of a projected increase in the |
| 19 | | enrollment of students in the district; and (B) the sale |
| 20 | | of bonds for these purposes is authorized by a law that |
| 21 | | exempts the debt incurred on the bonds from the district's |
| 22 | | statutory debt limitation. |
| 23 | | (iii) The bonds are issued, in one or more bond |
| 24 | | issues, on or before December 31, 2012, but the aggregate |
| 25 | | principal amount issued in all such bond issues combined |
| 26 | | must not exceed $18,500,000. |
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| 1 | | (iv) The bonds are issued in accordance with this |
| 2 | | Article 19. |
| 3 | | (v) The proceeds of the bonds are used to accomplish |
| 4 | | only those projects approved by the voters at the primary |
| 5 | | election held in 2008. |
| 6 | | The debt incurred on any bonds issued under this subsection |
| 7 | | (p-25) shall not be considered indebtedness for purposes of |
| 8 | | any statutory debt limitation. |
| 9 | | (p-30) In addition to all other authority to issue bonds, |
| 10 | | Prairie Grove Consolidated School District 46 may issue bonds |
| 11 | | with an aggregate principal amount not to exceed $30,000,000, |
| 12 | | but only if all of the following conditions are met: |
| 13 | | (i) The voters of the district approve a proposition |
| 14 | | for the bond issuance at an election held in 2008. |
| 15 | | (ii) At the time of the sale of the bonds, the school |
| 16 | | board determines, by resolution, that (A) the building and |
| 17 | | equipping of a new school building and additions to |
| 18 | | existing school buildings are required as a result of a |
| 19 | | projected increase in the enrollment of students in the |
| 20 | | district and (B) the altering, repairing, and equipping of |
| 21 | | existing school buildings are required because of the age |
| 22 | | of the existing school buildings. |
| 23 | | (iii) The bonds are issued, in one or more bond |
| 24 | | issuances, on or before December 31, 2012; however, the |
| 25 | | aggregate principal amount issued in all such bond |
| 26 | | issuances combined must not exceed $30,000,000. |
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| 1 | | (iv) The bonds are issued in accordance with this |
| 2 | | Article. |
| 3 | | (v) The proceeds of the bonds are used to accomplish |
| 4 | | only those projects approved by the voters at an election |
| 5 | | held in 2008. |
| 6 | | The debt incurred on any bonds issued under this subsection |
| 7 | | (p-30) shall not be considered indebtedness for purposes of |
| 8 | | any statutory debt limitation. |
| 9 | | (p-35) In addition to all other authority to issue bonds, |
| 10 | | Prairie Hill Community Consolidated School District 133 may |
| 11 | | issue bonds with an aggregate principal amount not to exceed |
| 12 | | $13,900,000, but only if all of the following conditions are |
| 13 | | met: |
| 14 | | (i) The voters of the district approved a proposition |
| 15 | | for the bond issuance at an election held on April 17, |
| 16 | | 2007. |
| 17 | | (ii) At the time of the sale of the bonds, the school |
| 18 | | board determines, by resolution, that (A) the improvement |
| 19 | | of the site of and the building and equipping of a school |
| 20 | | building are required as a result of a projected increase |
| 21 | | in the enrollment of students in the district and (B) the |
| 22 | | repairing and equipping of the Prairie Hill Elementary |
| 23 | | School building is required because of the age of that |
| 24 | | school building. |
| 25 | | (iii) The bonds are issued, in one or more bond |
| 26 | | issuances, on or before December 31, 2011, but the |
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| 1 | | aggregate principal amount issued in all such bond |
| 2 | | issuances combined must not exceed $13,900,000. |
| 3 | | (iv) The bonds are issued in accordance with this |
| 4 | | Article. |
| 5 | | (v) The proceeds of the bonds are used to accomplish |
| 6 | | only those projects approved by the voters at an election |
| 7 | | held on April 17, 2007. |
| 8 | | The debt incurred on any bonds issued under this subsection |
| 9 | | (p-35) shall not be considered indebtedness for purposes of |
| 10 | | any statutory debt limitation. |
| 11 | | (p-40) In addition to all other authority to issue bonds, |
| 12 | | Mascoutah Community Unit District 19 may issue bonds with an |
| 13 | | aggregate principal amount not to exceed $55,000,000, but only |
| 14 | | if all of the following conditions are met: |
| 15 | | (1) The voters of the district approve a proposition |
| 16 | | for the bond issuance at a regular election held on or |
| 17 | | after November 4, 2008. |
| 18 | | (2) At the time of the sale of the bonds, the school |
| 19 | | board determines, by resolution, that (i) the building and |
| 20 | | equipping of a new high school building is required as a |
| 21 | | result of a projected increase in the enrollment of |
| 22 | | students in the district and the age and condition of the |
| 23 | | existing high school building, (ii) the existing high |
| 24 | | school building will be demolished, and (iii) the sale of |
| 25 | | bonds is authorized by statute that exempts the debt |
| 26 | | incurred on the bonds from the district's statutory debt |
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| 1 | | limitation. |
| 2 | | (3) The bonds are issued, in one or more bond |
| 3 | | issuances, on or before December 31, 2011, but the |
| 4 | | aggregate principal amount issued in all such bond |
| 5 | | issuances combined must not exceed $55,000,000. |
| 6 | | (4) The bonds are issued in accordance with this |
| 7 | | Article. |
| 8 | | (5) The proceeds of the bonds are used to accomplish |
| 9 | | only those projects approved by the voters at a regular |
| 10 | | election held on or after November 4, 2008. |
| 11 | | The debt incurred on any bonds issued under this |
| 12 | | subsection (p-40) shall not be considered indebtedness for |
| 13 | | purposes of any statutory debt limitation. |
| 14 | | (p-45) Notwithstanding the provisions of subsection (a) of |
| 15 | | this Section or of any other law, bonds issued pursuant to |
| 16 | | Section 19-3.5 of this Code shall not be considered |
| 17 | | indebtedness for purposes of any statutory limitation if the |
| 18 | | bonds are issued in an amount or amounts, including existing |
| 19 | | indebtedness of the school district, not in excess of 18.5% of |
| 20 | | the value of the taxable property in the district to be |
| 21 | | ascertained by the last assessment for State and county taxes. |
| 22 | | (p-50) Notwithstanding the provisions of subsection (a) of |
| 23 | | this Section or of any other law, bonds issued pursuant to |
| 24 | | Section 19-3.10 of this Code shall not be considered |
| 25 | | indebtedness for purposes of any statutory limitation if the |
| 26 | | bonds are issued in an amount or amounts, including existing |
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| 1 | | indebtedness of the school district, not in excess of 43% of |
| 2 | | the value of the taxable property in the district to be |
| 3 | | ascertained by the last assessment for State and county taxes. |
| 4 | | (p-55) In addition to all other authority to issue bonds, |
| 5 | | Belle Valley School District 119 may issue bonds with an |
| 6 | | aggregate principal amount not to exceed $47,500,000, but only |
| 7 | | if all of the following conditions are met: |
| 8 | | (1) The voters of the district approve a proposition |
| 9 | | for the bond issuance at an election held on or after April |
| 10 | | 7, 2009. |
| 11 | | (2) Prior to the issuance of the bonds, the school |
| 12 | | board determines, by resolution, that (i) the building and |
| 13 | | equipping of a new school building is required as a result |
| 14 | | of mine subsidence in an existing school building and |
| 15 | | because of the age and condition of another existing |
| 16 | | school building and (ii) the issuance of bonds is |
| 17 | | authorized by statute that exempts the debt incurred on |
| 18 | | the bonds from the district's statutory debt limitation. |
| 19 | | (3) The bonds are issued, in one or more bond |
| 20 | | issuances, on or before March 31, 2014, but the aggregate |
| 21 | | principal amount issued in all such bond issuances |
| 22 | | combined must not exceed $47,500,000. |
| 23 | | (4) The bonds are issued in accordance with this |
| 24 | | Article. |
| 25 | | (5) The proceeds of the bonds are used to accomplish |
| 26 | | only those projects approved by the voters at an election |
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| 1 | | held on or after April 7, 2009. |
| 2 | | The debt incurred on any bonds issued under this |
| 3 | | subsection (p-55) shall not be considered indebtedness for |
| 4 | | purposes of any statutory debt limitation. Bonds issued under |
| 5 | | this subsection (p-55) must mature within not to exceed 30 |
| 6 | | years from their date, notwithstanding any other law to the |
| 7 | | contrary. |
| 8 | | (p-60) In addition to all other authority to issue bonds, |
| 9 | | Wilmington Community Unit School District Number 209-U may |
| 10 | | issue bonds with an aggregate principal amount not to exceed |
| 11 | | $2,285,000, but only if all of the following conditions are |
| 12 | | met: |
| 13 | | (1) The proceeds of the bonds are used to accomplish |
| 14 | | only those projects approved by the voters at the general |
| 15 | | primary election held on March 21, 2006. |
| 16 | | (2) Prior to the issuance of the bonds, the school |
| 17 | | board determines, by resolution, that (i) the projects |
| 18 | | approved by the voters were and are required because of |
| 19 | | the age and condition of the school district's prior and |
| 20 | | existing school buildings and (ii) the issuance of the |
| 21 | | bonds is authorized by legislation that exempts the debt |
| 22 | | incurred on the bonds from the district's statutory debt |
| 23 | | limitation. |
| 24 | | (3) The bonds are issued in one or more bond issuances |
| 25 | | on or before March 1, 2011, but the aggregate principal |
| 26 | | amount issued in all those bond issuances combined must |
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| 1 | | not exceed $2,285,000. |
| 2 | | (4) The bonds are issued in accordance with this |
| 3 | | Article. |
| 4 | | The debt incurred on any bonds issued under this |
| 5 | | subsection (p-60) shall not be considered indebtedness for |
| 6 | | purposes of any statutory debt limitation. |
| 7 | | (p-65) In addition to all other authority to issue bonds, |
| 8 | | West Washington County Community Unit School District 10 may |
| 9 | | issue bonds with an aggregate principal amount not to exceed |
| 10 | | $32,200,000 and maturing over a period not exceeding 25 years, |
| 11 | | but only if all of the following conditions are met: |
| 12 | | (1) The voters of the district approve a proposition |
| 13 | | for the bond issuance at an election held on or after |
| 14 | | February 2, 2010. |
| 15 | | (2) Prior to the issuance of the bonds, the school |
| 16 | | board determines, by resolution, that (A) all or a portion |
| 17 | | of the existing Okawville Junior/Senior High School |
| 18 | | Building will be demolished; (B) the building and |
| 19 | | equipping of a new school building to be attached to and |
| 20 | | the alteration, repair, and equipping of the remaining |
| 21 | | portion of the Okawville Junior/Senior High School |
| 22 | | Building is required because of the age and current |
| 23 | | condition of that school building; and (C) the issuance of |
| 24 | | bonds is authorized by a statute that exempts the debt |
| 25 | | incurred on the bonds from the district's statutory debt |
| 26 | | limitation. |
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| 1 | | (3) The bonds are issued, in one or more bond |
| 2 | | issuances, on or before March 31, 2014, but the aggregate |
| 3 | | principal amount issued in all such bond issuances |
| 4 | | combined must not exceed $32,200,000. |
| 5 | | (4) The bonds are issued in accordance with this |
| 6 | | Article. |
| 7 | | (5) The proceeds of the bonds are used to accomplish |
| 8 | | only those projects approved by the voters at an election |
| 9 | | held on or after February 2, 2010. |
| 10 | | The debt incurred on any bonds issued under this |
| 11 | | subsection (p-65) shall not be considered indebtedness for |
| 12 | | purposes of any statutory debt limitation. |
| 13 | | (p-70) In addition to all other authority to issue bonds, |
| 14 | | Cahokia Community Unit School District 187 may issue bonds |
| 15 | | with an aggregate principal amount not to exceed $50,000,000, |
| 16 | | but only if all the following conditions are met: |
| 17 | | (1) The voters of the district approve a proposition |
| 18 | | for the bond issuance at an election held on or after |
| 19 | | November 2, 2010. |
| 20 | | (2) Prior to the issuance of the bonds, the school |
| 21 | | board determines, by resolution, that (i) the building and |
| 22 | | equipping of a new school building is required as a result |
| 23 | | of the age and condition of an existing school building |
| 24 | | and (ii) the issuance of bonds is authorized by a statute |
| 25 | | that exempts the debt incurred on the bonds from the |
| 26 | | district's statutory debt limitation. |
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| 1 | | (3) The bonds are issued, in one or more issuances, on |
| 2 | | or before July 1, 2016, but the aggregate principal amount |
| 3 | | issued in all such bond issuances combined must not exceed |
| 4 | | $50,000,000. |
| 5 | | (4) The bonds are issued in accordance with this |
| 6 | | Article. |
| 7 | | (5) The proceeds of the bonds are used to accomplish |
| 8 | | only those projects approved by the voters at an election |
| 9 | | held on or after November 2, 2010. |
| 10 | | The debt incurred on any bonds issued under this |
| 11 | | subsection (p-70) shall not be considered indebtedness for |
| 12 | | purposes of any statutory debt limitation. Bonds issued under |
| 13 | | this subsection (p-70) must mature within not to exceed 25 |
| 14 | | years from their date, notwithstanding any other law, |
| 15 | | including Section 19-3 of this Code, to the contrary. |
| 16 | | (p-75) Notwithstanding the debt limitation prescribed in |
| 17 | | subsection (a) of this Section or any other provisions of this |
| 18 | | Section or of any other law, the execution of leases on or |
| 19 | | after January 1, 2007 and before July 1, 2011 by the Board of |
| 20 | | Education of Peoria School District 150 with a public building |
| 21 | | commission for leases entered into pursuant to the Public |
| 22 | | Building Commission Act shall not be considered indebtedness |
| 23 | | for purposes of any statutory debt limitation. |
| 24 | | This subsection (p-75) applies only if the State Board of |
| 25 | | Education or the Capital Development Board makes one or more |
| 26 | | grants to Peoria School District 150 pursuant to the School |
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| 1 | | Construction Law. The amount exempted from the debt limitation |
| 2 | | as prescribed in this subsection (p-75) shall be no greater |
| 3 | | than the amount of one or more grants awarded to Peoria School |
| 4 | | District 150 by the State Board of Education or the Capital |
| 5 | | Development Board. |
| 6 | | (p-80) In addition to all other authority to issue bonds, |
| 7 | | Ridgeland School District 122 may issue bonds with an |
| 8 | | aggregate principal amount not to exceed $50,000,000 for the |
| 9 | | purpose of refunding or continuing to refund bonds originally |
| 10 | | issued pursuant to voter approval at the general election held |
| 11 | | on November 7, 2000, and the debt incurred on any bonds issued |
| 12 | | under this subsection (p-80) shall not be considered |
| 13 | | indebtedness for purposes of any statutory debt limitation. |
| 14 | | Bonds issued under this subsection (p-80) may be issued in one |
| 15 | | or more issuances and must mature within not to exceed 25 years |
| 16 | | from their date, notwithstanding any other law, including |
| 17 | | Section 19-3 of this Code, to the contrary. |
| 18 | | (p-85) In addition to all other authority to issue bonds, |
| 19 | | Hall High School District 502 may issue bonds with an |
| 20 | | aggregate principal amount not to exceed $32,000,000, but only |
| 21 | | if all the following conditions are met: |
| 22 | | (1) The voters of the district approve a proposition |
| 23 | | for the bond issuance at an election held on or after April |
| 24 | | 9, 2013. |
| 25 | | (2) Prior to the issuance of the bonds, the school |
| 26 | | board determines, by resolution, that (i) the building and |
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| 1 | | equipping of a new school building is required as a result |
| 2 | | of the age and condition of an existing school building, |
| 3 | | (ii) the existing school building should be demolished in |
| 4 | | its entirety or the existing school building should be |
| 5 | | demolished except for the 1914 west wing of the building, |
| 6 | | and (iii) the issuance of bonds is authorized by a statute |
| 7 | | that exempts the debt incurred on the bonds from the |
| 8 | | district's statutory debt limitation. |
| 9 | | (3) The bonds are issued, in one or more issuances, |
| 10 | | not later than 5 years after the date of the referendum |
| 11 | | approving the issuance of the bonds, but the aggregate |
| 12 | | principal amount issued in all such bond issuances |
| 13 | | combined must not exceed $32,000,000. |
| 14 | | (4) The bonds are issued in accordance with this |
| 15 | | Article. |
| 16 | | (5) The proceeds of the bonds are used to accomplish |
| 17 | | only those projects approved by the voters at an election |
| 18 | | held on or after April 9, 2013. |
| 19 | | The debt incurred on any bonds issued under this |
| 20 | | subsection (p-85) shall not be considered indebtedness for |
| 21 | | purposes of any statutory debt limitation. Bonds issued under |
| 22 | | this subsection (p-85) must mature within not to exceed 30 |
| 23 | | years from their date, notwithstanding any other law, |
| 24 | | including Section 19-3 of this Code, to the contrary. |
| 25 | | (p-90) In addition to all other authority to issue bonds, |
| 26 | | Lebanon Community Unit School District 9 may issue bonds with |
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| 1 | | an aggregate principal amount not to exceed $7,500,000, but |
| 2 | | only if all of the following conditions are met: |
| 3 | | (1) The voters of the district approved a proposition |
| 4 | | for the bond issuance at the general primary election on |
| 5 | | February 2, 2010. |
| 6 | | (2) At or prior to the time of the sale of the bonds, |
| 7 | | the school board determines, by resolution, that (i) the |
| 8 | | building and equipping of a new elementary school building |
| 9 | | is required as a result of a projected increase in the |
| 10 | | enrollment of students in the district and the age and |
| 11 | | condition of the existing Lebanon Elementary School |
| 12 | | building, (ii) a portion of the existing Lebanon |
| 13 | | Elementary School building will be demolished and the |
| 14 | | remaining portion will be altered, repaired, and equipped, |
| 15 | | and (iii) the sale of bonds is authorized by a statute that |
| 16 | | exempts the debt incurred on the bonds from the district's |
| 17 | | statutory debt limitation. |
| 18 | | (3) The bonds are issued, in one or more bond |
| 19 | | issuances, on or before April 1, 2014, but the aggregate |
| 20 | | principal amount issued in all such bond issuances |
| 21 | | combined must not exceed $7,500,000. |
| 22 | | (4) The bonds are issued in accordance with this |
| 23 | | Article. |
| 24 | | (5) The proceeds of the bonds are used to accomplish |
| 25 | | only those projects approved by the voters at the general |
| 26 | | primary election held on February 2, 2010. |
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| | HB5736 | - 51 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | The debt incurred on any bonds issued under this |
| 2 | | subsection (p-90) shall not be considered indebtedness for |
| 3 | | purposes of any statutory debt limitation. |
| 4 | | (p-95) In addition to all other authority to issue bonds, |
| 5 | | Monticello Community Unit School District 25 may issue bonds |
| 6 | | with an aggregate principal amount not to exceed $35,000,000, |
| 7 | | but only if all of the following conditions are met: |
| 8 | | (1) The voters of the district approve a proposition |
| 9 | | for the bond issuance at an election held on or after |
| 10 | | November 4, 2014. |
| 11 | | (2) Prior to the issuance of the bonds, the school |
| 12 | | board determines, by resolution, that (i) the building and |
| 13 | | equipping of a new school building is required as a result |
| 14 | | of the age and condition of an existing school building |
| 15 | | and (ii) the issuance of bonds is authorized by a statute |
| 16 | | that exempts the debt incurred on the bonds from the |
| 17 | | district's statutory debt limitation. |
| 18 | | (3) The bonds are issued, in one or more issuances, on |
| 19 | | or before July 1, 2020, but the aggregate principal amount |
| 20 | | issued in all such bond issuances combined must not exceed |
| 21 | | $35,000,000. |
| 22 | | (4) The bonds are issued in accordance with this |
| 23 | | Article. |
| 24 | | (5) The proceeds of the bonds are used to accomplish |
| 25 | | only those projects approved by the voters at an election |
| 26 | | held on or after November 4, 2014. |
|
| | HB5736 | - 52 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | The debt incurred on any bonds issued under this |
| 2 | | subsection (p-95) shall not be considered indebtedness for |
| 3 | | purposes of any statutory debt limitation. Bonds issued under |
| 4 | | this subsection (p-95) must mature within not to exceed 25 |
| 5 | | years from their date, notwithstanding any other law, |
| 6 | | including Section 19-3 of this Code, to the contrary. |
| 7 | | (p-100) In addition to all other authority to issue bonds, |
| 8 | | the community unit school district created in the territory |
| 9 | | comprising Milford Community Consolidated School District 280 |
| 10 | | and Milford Township High School District 233, as approved at |
| 11 | | the general primary election held on March 18, 2014, may issue |
| 12 | | bonds with an aggregate principal amount not to exceed |
| 13 | | $17,500,000, but only if all the following conditions are met: |
| 14 | | (1) The voters of the district approve a proposition |
| 15 | | for the bond issuance at an election held on or after |
| 16 | | November 4, 2014. |
| 17 | | (2) Prior to the issuance of the bonds, the school |
| 18 | | board determines, by resolution, that (i) the building and |
| 19 | | equipping of a new school building is required as a result |
| 20 | | of the age and condition of an existing school building |
| 21 | | and (ii) the issuance of bonds is authorized by a statute |
| 22 | | that exempts the debt incurred on the bonds from the |
| 23 | | district's statutory debt limitation. |
| 24 | | (3) The bonds are issued, in one or more issuances, on |
| 25 | | or before July 1, 2020, but the aggregate principal amount |
| 26 | | issued in all such bond issuances combined must not exceed |
|
| | HB5736 | - 53 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | $17,500,000. |
| 2 | | (4) The bonds are issued in accordance with this |
| 3 | | Article. |
| 4 | | (5) The proceeds of the bonds are used to accomplish |
| 5 | | only those projects approved by the voters at an election |
| 6 | | held on or after November 4, 2014. |
| 7 | | The debt incurred on any bonds issued under this |
| 8 | | subsection (p-100) shall not be considered indebtedness for |
| 9 | | purposes of any statutory debt limitation. Bonds issued under |
| 10 | | this subsection (p-100) must mature within not to exceed 25 |
| 11 | | years from their date, notwithstanding any other law, |
| 12 | | including Section 19-3 of this Code, to the contrary. |
| 13 | | (p-105) In addition to all other authority to issue bonds, |
| 14 | | North Shore School District 112 may issue bonds with an |
| 15 | | aggregate principal amount not to exceed $150,000,000, but |
| 16 | | only if all of the following conditions are met: |
| 17 | | (1) The voters of the district approve a proposition |
| 18 | | for the bond issuance at an election held on or after March |
| 19 | | 15, 2016. |
| 20 | | (2) Prior to the issuance of the bonds, the school |
| 21 | | board determines, by resolution, that (i) the building and |
| 22 | | equipping of new buildings and improving the sites thereof |
| 23 | | and the building and equipping of additions to, altering, |
| 24 | | repairing, equipping, and renovating existing buildings |
| 25 | | and improving the sites thereof are required as a result |
| 26 | | of the age and condition of the district's existing |
|
| | HB5736 | - 54 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | buildings and (ii) the issuance of bonds is authorized by |
| 2 | | a statute that exempts the debt incurred on the bonds from |
| 3 | | the district's statutory debt limitation. |
| 4 | | (3) The bonds are issued, in one or more issuances, |
| 5 | | not later than 5 years after the date of the referendum |
| 6 | | approving the issuance of the bonds, but the aggregate |
| 7 | | principal amount issued in all such bond issuances |
| 8 | | combined must not exceed $150,000,000. |
| 9 | | (4) The bonds are issued in accordance with this |
| 10 | | Article. |
| 11 | | (5) The proceeds of the bonds are used to accomplish |
| 12 | | only those projects approved by the voters at an election |
| 13 | | held on or after March 15, 2016. |
| 14 | | The debt incurred on any bonds issued under this |
| 15 | | subsection (p-105) and on any bonds issued to refund or |
| 16 | | continue to refund such bonds shall not be considered |
| 17 | | indebtedness for purposes of any statutory debt limitation. |
| 18 | | Bonds issued under this subsection (p-105) and any bonds |
| 19 | | issued to refund or continue to refund such bonds must mature |
| 20 | | within not to exceed 30 years from their date, notwithstanding |
| 21 | | any other law, including Section 19-3 of this Code, to the |
| 22 | | contrary. |
| 23 | | (p-110) In addition to all other authority to issue bonds, |
| 24 | | Sandoval Community Unit School District 501 may issue bonds |
| 25 | | with an aggregate principal amount not to exceed $2,000,000, |
| 26 | | but only if all of the following conditions are met: |
|
| | HB5736 | - 55 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | (1) The voters of the district approved a proposition |
| 2 | | for the bond issuance at an election held on March 20, |
| 3 | | 2012. |
| 4 | | (2) Prior to the issuance of the bonds, the school |
| 5 | | board determines, by resolution, that (i) the building and |
| 6 | | equipping of a new school building is required because of |
| 7 | | the age and current condition of the Sandoval Elementary |
| 8 | | School building and (ii) the issuance of bonds is |
| 9 | | authorized by a statute that exempts the debt incurred on |
| 10 | | the bonds from the district's statutory debt limitation. |
| 11 | | (3) The bonds are issued, in one or more bond |
| 12 | | issuances, on or before March 19, 2022, but the aggregate |
| 13 | | principal amount issued in all such bond issuances |
| 14 | | combined must not exceed $2,000,000. |
| 15 | | (4) The bonds are issued in accordance with this |
| 16 | | Article. |
| 17 | | (5) The proceeds of the bonds are used to accomplish |
| 18 | | only those projects approved by the voters at the election |
| 19 | | held on March 20, 2012. |
| 20 | | The debt incurred on any bonds issued under this |
| 21 | | subsection (p-110) and on any bonds issued to refund or |
| 22 | | continue to refund the bonds shall not be considered |
| 23 | | indebtedness for purposes of any statutory debt limitation. |
| 24 | | (p-115) In addition to all other authority to issue bonds, |
| 25 | | Bureau Valley Community Unit School District 340 may issue |
| 26 | | bonds with an aggregate principal amount not to exceed |
|
| | HB5736 | - 56 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | $25,000,000, but only if all of the following conditions are |
| 2 | | met: |
| 3 | | (1) The voters of the district approve a proposition |
| 4 | | for the bond issuance at an election held on or after March |
| 5 | | 15, 2016. |
| 6 | | (2) Prior to the issuances of the bonds, the school |
| 7 | | board determines, by resolution, that (i) the renovating |
| 8 | | and equipping of some existing school buildings, the |
| 9 | | building and equipping of new school buildings, and the |
| 10 | | demolishing of some existing school buildings are required |
| 11 | | as a result of the age and condition of existing school |
| 12 | | buildings and (ii) the issuance of bonds is authorized by |
| 13 | | a statute that exempts the debt incurred on the bonds from |
| 14 | | the district's statutory debt limitation. |
| 15 | | (3) The bonds are issued, in one or more issuances, on |
| 16 | | or before July 1, 2021, but the aggregate principal amount |
| 17 | | issued in all such bond issuances combined must not exceed |
| 18 | | $25,000,000. |
| 19 | | (4) The bonds are issued in accordance with this |
| 20 | | Article. |
| 21 | | (5) The proceeds of the bonds are used to accomplish |
| 22 | | only those projects approved by the voters at an election |
| 23 | | held on or after March 15, 2016. |
| 24 | | The debt incurred on any bonds issued under this |
| 25 | | subsection (p-115) shall not be considered indebtedness for |
| 26 | | purposes of any statutory debt limitation. Bonds issued under |
|
| | HB5736 | - 57 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | this subsection (p-115) must mature within not to exceed 30 |
| 2 | | years from their date, notwithstanding any other law, |
| 3 | | including Section 19-3 of this Code, to the contrary. |
| 4 | | (p-120) In addition to all other authority to issue bonds, |
| 5 | | Paxton-Buckley-Loda Community Unit School District 10 may |
| 6 | | issue bonds with an aggregate principal amount not to exceed |
| 7 | | $28,500,000, but only if all the following conditions are met: |
| 8 | | (1) The voters of the district approve a proposition |
| 9 | | for the bond issuance at an election held on or after |
| 10 | | November 8, 2016. |
| 11 | | (2) Prior to the issuance of the bonds, the school |
| 12 | | board determines, by resolution, that (i) the projects as |
| 13 | | described in said proposition, relating to the building |
| 14 | | and equipping of one or more school buildings or additions |
| 15 | | to existing school buildings, are required as a result of |
| 16 | | the age and condition of the District's existing buildings |
| 17 | | and (ii) the issuance of bonds is authorized by a statute |
| 18 | | that exempts the debt incurred on the bonds from the |
| 19 | | district's statutory debt limitation. |
| 20 | | (3) The bonds are issued, in one or more issuances, |
| 21 | | not later than 5 years after the date of the referendum |
| 22 | | approving the issuance of the bonds, but the aggregate |
| 23 | | principal amount issued in all such bond issuances |
| 24 | | combined must not exceed $28,500,000. |
| 25 | | (4) The bonds are issued in accordance with this |
| 26 | | Article. |
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| | HB5736 | - 58 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | (5) The proceeds of the bonds are used to accomplish |
| 2 | | only those projects approved by the voters at an election |
| 3 | | held on or after November 8, 2016. |
| 4 | | The debt incurred on any bonds issued under this |
| 5 | | subsection (p-120) and on any bonds issued to refund or |
| 6 | | continue to refund such bonds shall not be considered |
| 7 | | indebtedness for purposes of any statutory debt limitation. |
| 8 | | Bonds issued under this subsection (p-120) and any bonds |
| 9 | | issued to refund or continue to refund such bonds must mature |
| 10 | | within not to exceed 25 years from their date, notwithstanding |
| 11 | | any other law, including Section 19-3 of this Code, to the |
| 12 | | contrary. |
| 13 | | (p-125) In addition to all other authority to issue bonds, |
| 14 | | Hillsboro Community Unit School District 3 may issue bonds |
| 15 | | with an aggregate principal amount not to exceed $34,500,000, |
| 16 | | but only if all the following conditions are met: |
| 17 | | (1) The voters of the district approve a proposition |
| 18 | | for the bond issuance at an election held on or after March |
| 19 | | 15, 2016. |
| 20 | | (2) Prior to the issuance of the bonds, the school |
| 21 | | board determines, by resolution, that (i) altering, |
| 22 | | repairing, and equipping the high school |
| 23 | | agricultural/vocational building, demolishing the high |
| 24 | | school main, cafeteria, and gym buildings, building and |
| 25 | | equipping a school building, and improving sites are |
| 26 | | required as a result of the age and condition of the |
|
| | HB5736 | - 59 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | district's existing buildings and (ii) the issuance of |
| 2 | | bonds is authorized by a statute that exempts the debt |
| 3 | | incurred on the bonds from the district's statutory debt |
| 4 | | limitation. |
| 5 | | (3) The bonds are issued, in one or more issuances, |
| 6 | | not later than 5 years after the date of the referendum |
| 7 | | approving the issuance of the bonds, but the aggregate |
| 8 | | principal amount issued in all such bond issuances |
| 9 | | combined must not exceed $34,500,000. |
| 10 | | (4) The bonds are issued in accordance with this |
| 11 | | Article. |
| 12 | | (5) The proceeds of the bonds are used to accomplish |
| 13 | | only those projects approved by the voters at an election |
| 14 | | held on or after March 15, 2016. |
| 15 | | The debt incurred on any bonds issued under this |
| 16 | | subsection (p-125) and on any bonds issued to refund or |
| 17 | | continue to refund such bonds shall not be considered |
| 18 | | indebtedness for purposes of any statutory debt limitation. |
| 19 | | Bonds issued under this subsection (p-125) and any bonds |
| 20 | | issued to refund or continue to refund such bonds must mature |
| 21 | | within not to exceed 25 years from their date, notwithstanding |
| 22 | | any other law, including Section 19-3 of this Code, to the |
| 23 | | contrary. |
| 24 | | (p-130) In addition to all other authority to issue bonds, |
| 25 | | Waltham Community Consolidated School District 185 may incur |
| 26 | | indebtedness in an aggregate principal amount not to exceed |
|
| | HB5736 | - 60 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | $9,500,000 to build and equip a new school building and |
| 2 | | improve the site thereof, but only if all the following |
| 3 | | conditions are met: |
| 4 | | (1) A majority of the voters of the district voting on |
| 5 | | an advisory question voted in favor of the question |
| 6 | | regarding the use of funding sources to build a new school |
| 7 | | building without increasing property tax rates at the |
| 8 | | general election held on November 8, 2016. |
| 9 | | (2) Prior to incurring the debt, the school board |
| 10 | | enters into intergovernmental agreements with the City of |
| 11 | | LaSalle to pledge moneys in a special tax allocation fund |
| 12 | | associated with tax increment financing districts LaSalle |
| 13 | | I and LaSalle III and with the Village of Utica to pledge |
| 14 | | moneys in a special tax allocation fund associated with |
| 15 | | tax increment financing district Utica I for the purposes |
| 16 | | of repaying the debt issued pursuant to this subsection |
| 17 | | (p-130). Notwithstanding any other provision of law to the |
| 18 | | contrary, the intergovernmental agreement may extend these |
| 19 | | tax increment financing districts as necessary to ensure |
| 20 | | repayment of the debt. |
| 21 | | (3) Prior to incurring the debt, the school board |
| 22 | | determines, by resolution, that (i) the building and |
| 23 | | equipping of a new school building is required as a result |
| 24 | | of the age and condition of the district's existing |
| 25 | | buildings and (ii) the debt is authorized by a statute |
| 26 | | that exempts the debt from the district's statutory debt |
|
| | HB5736 | - 61 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | limitation. |
| 2 | | (4) The debt is incurred, in one or more issuances, |
| 3 | | not later than January 1, 2021, and the aggregate |
| 4 | | principal amount of debt issued in all such issuances |
| 5 | | combined must not exceed $9,500,000. |
| 6 | | The debt incurred under this subsection (p-130) and on any |
| 7 | | bonds issued to pay, refund, or continue to refund such debt |
| 8 | | shall not be considered indebtedness for purposes of any |
| 9 | | statutory debt limitation. Debt issued under this subsection |
| 10 | | (p-130) and any bonds issued to pay, refund, or continue to |
| 11 | | refund such debt must mature within not to exceed 25 years from |
| 12 | | their date, notwithstanding any other law, including Section |
| 13 | | 19-11 of this Code and subsection (b) of Section 17 of the |
| 14 | | Local Government Debt Reform Act, to the contrary. |
| 15 | | (p-133) Notwithstanding the provisions of subsection (a) |
| 16 | | of this Section or of any other law, bonds heretofore or |
| 17 | | hereafter issued by East Prairie School District 73 with an |
| 18 | | aggregate principal amount not to exceed $47,353,147 and |
| 19 | | approved by the voters of the district at the general election |
| 20 | | held on November 8, 2016, and any bonds issued to refund or |
| 21 | | continue to refund the bonds, shall not be considered |
| 22 | | indebtedness for the purposes of any statutory debt limitation |
| 23 | | and may mature within not to exceed 25 years from their date, |
| 24 | | notwithstanding any other law, including Section 19-3 of this |
| 25 | | Code, to the contrary. |
| 26 | | (p-135) In addition to all other authority to issue bonds, |
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| | HB5736 | - 62 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | Brookfield LaGrange Park School District Number 95 may issue |
| 2 | | bonds with an aggregate principal amount not to exceed |
| 3 | | $20,000,000, but only if all the following conditions are met: |
| 4 | | (1) The voters of the district approve a proposition |
| 5 | | for the bond issuance at an election held on or after April |
| 6 | | 4, 2017. |
| 7 | | (2) Prior to the issuance of the bonds, the school |
| 8 | | board determines, by resolution, that (i) the additions |
| 9 | | and renovations to the Brook Park Elementary and S. E. |
| 10 | | Gross Middle School buildings are required to accommodate |
| 11 | | enrollment growth, replace outdated facilities, and create |
| 12 | | spaces consistent with 21st century learning and (ii) the |
| 13 | | issuance of the bonds is authorized by a statute that |
| 14 | | exempts the debt incurred on the bonds from the district's |
| 15 | | statutory debt limitation. |
| 16 | | (3) The bonds are issued, in one or more issuances, |
| 17 | | not later than 5 years after the date of the referendum |
| 18 | | approving the issuance of the bonds, but the aggregate |
| 19 | | principal amount issued in all such bond issuances |
| 20 | | combined must not exceed $20,000,000. |
| 21 | | (4) The bonds are issued in accordance with this |
| 22 | | Article. |
| 23 | | (5) The proceeds of the bonds are used to accomplish |
| 24 | | only those projects approved by the voters at an election |
| 25 | | held on or after April 4, 2017. |
| 26 | | The debt incurred on any bonds issued under this |
|
| | HB5736 | - 63 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | subsection (p-135) and on any bonds issued to refund or |
| 2 | | continue to refund such bonds shall not be considered |
| 3 | | indebtedness for purposes of any statutory debt limitation. |
| 4 | | (p-140) The debt incurred on any bonds issued by Wolf |
| 5 | | Branch School District 113 under Section 17-2.11 of this Code |
| 6 | | for the purpose of repairing or replacing all or a portion of a |
| 7 | | school building that has been damaged by mine subsidence in an |
| 8 | | aggregate principal amount not to exceed $17,500,000 and on |
| 9 | | any bonds issued to refund or continue to refund those bonds |
| 10 | | shall not be considered indebtedness for purposes of any |
| 11 | | statutory debt limitation and must mature no later than 25 |
| 12 | | years from the date of issuance, notwithstanding any other |
| 13 | | provision of law to the contrary, including Section 19-3 of |
| 14 | | this Code. The maximum allowable amount of debt exempt from |
| 15 | | statutory debt limitations under this subsection (p-140) shall |
| 16 | | be reduced by an amount equal to any grants awarded by the |
| 17 | | State Board of Education or Capital Development Board for the |
| 18 | | explicit purpose of repairing or reconstructing a school |
| 19 | | building damaged by mine subsidence. |
| 20 | | (p-145) In addition to all other authority to issue bonds, |
| 21 | | Greenview Community Unit School District 200 may issue bonds |
| 22 | | with an aggregate principal amount not to exceed $3,500,000, |
| 23 | | but only if all of the following conditions are met: |
| 24 | | (1) The voters of the district approve a proposition |
| 25 | | for the bond issuance at an election held on March 17, |
| 26 | | 2020. |
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| | HB5736 | - 64 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | (2) Prior to the issuance of the bonds, the school |
| 2 | | board determines, by resolution, that the bonding is |
| 3 | | necessary for construction and expansion of the district's |
| 4 | | kindergarten through grade 12 facility. |
| 5 | | (3) The bonds are issued, in one or more issuances, |
| 6 | | not later than 5 years after the date of the referendum |
| 7 | | approving the issuance of the bonds, but the aggregate |
| 8 | | principal amount issued in all such bond issuances |
| 9 | | combined must not exceed $3,500,000. |
| 10 | | (4) The bonds are issued in accordance with this |
| 11 | | Article. |
| 12 | | (5) The proceeds of the bonds are used to accomplish |
| 13 | | only the projects approved by the voters at an election |
| 14 | | held on March 17, 2020. |
| 15 | | The debt incurred on any bonds issued under this |
| 16 | | subsection (p-145) and on any bonds issued to refund or |
| 17 | | continue to refund such bonds shall not be considered |
| 18 | | indebtedness for purposes of any statutory debt limitation. |
| 19 | | Bonds issued under this subsection (p-145) and any bonds |
| 20 | | issued to refund or continue to refund such bonds must mature |
| 21 | | within not to exceed 25 years from their date, notwithstanding |
| 22 | | any other law, including Section 19-3 of this Code, to the |
| 23 | | contrary. |
| 24 | | (p-150) In addition to all other authority to issue bonds, |
| 25 | | Komarek School District 94 may issue bonds with an aggregate |
| 26 | | principal amount not to exceed $20,800,000, but only if all of |
|
| | HB5736 | - 65 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | the following conditions are met: |
| 2 | | (1) The voters of the district approve a proposition |
| 3 | | for the bond issuance at an election held on or after March |
| 4 | | 17, 2020. |
| 5 | | (2) Prior to the issuance of the bonds, the school |
| 6 | | board determines, by resolution, that (i) building and |
| 7 | | equipping additions to, altering, repairing, equipping, or |
| 8 | | demolishing a portion of, or improving the site of the |
| 9 | | district's existing school building is required as a |
| 10 | | result of the age and condition of the existing building |
| 11 | | and (ii) the issuance of the bonds is authorized by a |
| 12 | | statute that exempts the debt incurred on the bonds from |
| 13 | | the district's statutory debt limitation. |
| 14 | | (3) The bonds are issued, in one or more issuances, no |
| 15 | | later than 5 years after the date of the referendum |
| 16 | | approving the issuance of the bonds, but the aggregate |
| 17 | | principal amount issued in all of the bond issuances |
| 18 | | combined may not exceed $20,800,000. |
| 19 | | (4) The bonds are issued in accordance with this |
| 20 | | Article. |
| 21 | | (5) The proceeds of the bonds are used to accomplish |
| 22 | | only those projects approved by the voters at an election |
| 23 | | held on or after March 17, 2020. |
| 24 | | The debt incurred on any bonds issued under this |
| 25 | | subsection (p-150) and on any bonds issued to refund or |
| 26 | | continue to refund those bonds may not be considered |
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| | HB5736 | - 66 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | indebtedness for purposes of any statutory debt limitation. |
| 2 | | Notwithstanding any other law to the contrary, including |
| 3 | | Section 19-3, bonds issued under this subsection (p-150) and |
| 4 | | any bonds issued to refund or continue to refund those bonds |
| 5 | | must mature within 30 years from their date of issuance. |
| 6 | | (p-155) In addition to all other authority to issue bonds, |
| 7 | | Williamsville Community Unit School District 15 may issue |
| 8 | | bonds with an aggregate principal amount not to exceed |
| 9 | | $40,000,000, but only if all of the following conditions are |
| 10 | | met: |
| 11 | | (1) The voters of the school district approve a |
| 12 | | proposition for the bond issuance at an election held on |
| 13 | | March 17, 2020. |
| 14 | | (2) Prior to the issuance of the bonds, the school |
| 15 | | board determines, by resolution, that the projects set |
| 16 | | forth in the proposition for the bond issuance were and |
| 17 | | are required because of the age and condition of the |
| 18 | | school district's existing school buildings. |
| 19 | | (3) The bonds are issued, in one or more issuances, |
| 20 | | not later than 5 years after the date of the referendum |
| 21 | | approving the issuance of the bonds, but the aggregate |
| 22 | | principal amount issued in all such bond issuances |
| 23 | | combined must not exceed $40,000,000. |
| 24 | | (4) The bonds are issued in accordance with this |
| 25 | | Article. |
| 26 | | (5) The proceeds of the bonds are used to accomplish |
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| | HB5736 | - 67 - | LRB104 21333 TRT 36173 b |
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|
| 1 | | only the projects approved by the voters at an election |
| 2 | | held on March 17, 2020. |
| 3 | | The debt incurred on any bonds issued under this |
| 4 | | subsection (p-155) and on any bonds issued to refund or |
| 5 | | continue to refund such bonds shall not be considered |
| 6 | | indebtedness for purposes of any statutory debt limitation. |
| 7 | | Bonds issued under this subsection (p-155) and any bonds |
| 8 | | issued to refund or continue to refund such bonds must mature |
| 9 | | within not to exceed 25 years from their date, notwithstanding |
| 10 | | any other law, including Section 19-3 of this Code, to the |
| 11 | | contrary. |
| 12 | | (p-160) In addition to all other authority to issue bonds, |
| 13 | | Berkeley School District 87 may issue bonds with an aggregate |
| 14 | | principal amount not to exceed $105,000,000, but only if all |
| 15 | | of the following conditions are met: |
| 16 | | (1) The voters of the district approve a proposition |
| 17 | | for the bond issuance at the general primary election held |
| 18 | | on March 17, 2020. |
| 19 | | (2) Prior to the issuance of the bonds, the school |
| 20 | | board determines, by resolution, that (i) building and |
| 21 | | equipping a school building to replace the Sunnyside |
| 22 | | Intermediate and MacArthur Middle School buildings; |
| 23 | | building and equipping additions to and altering, |
| 24 | | repairing, and equipping the Riley Intermediate and |
| 25 | | Northlake Middle School buildings; altering, repairing, |
| 26 | | and equipping the Whittier Primary and Jefferson Primary |
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| 1 | | School buildings; improving sites; renovating |
| 2 | | instructional spaces; providing STEM (science, technology, |
| 3 | | engineering, and mathematics) labs; and constructing life |
| 4 | | safety, security, and infrastructure improvements are |
| 5 | | required to replace outdated facilities and to provide |
| 6 | | safe spaces consistent with 21st century learning and (ii) |
| 7 | | the issuance of bonds is authorized by a statute that |
| 8 | | exempts the debt incurred on the bonds from the district's |
| 9 | | statutory debt limitation. |
| 10 | | (3) The bonds are issued, in one or more issuances, |
| 11 | | not later than 5 years after the date of the referendum |
| 12 | | approving the issuance of the bonds, but the aggregate |
| 13 | | principal amount issued in all such bond issuances |
| 14 | | combined must not exceed $105,000,000. |
| 15 | | (4) The bonds are issued in accordance with this |
| 16 | | Article. |
| 17 | | (5) The proceeds of the bonds are used to accomplish |
| 18 | | only those projects approved by the voters at the general |
| 19 | | primary election held on March 17, 2020. |
| 20 | | The debt incurred on any bonds issued under this |
| 21 | | subsection (p-160) and on any bonds issued to refund or |
| 22 | | continue to refund such bonds shall not be considered |
| 23 | | indebtedness for purposes of any statutory debt limitation. |
| 24 | | (p-165) In addition to all other authority to issue bonds, |
| 25 | | Elmwood Park Community Unit School District 401 may issue |
| 26 | | bonds with an aggregate principal amount not to exceed |
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| | HB5736 | - 69 - | LRB104 21333 TRT 36173 b |
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| 1 | | $55,000,000, but only if all of the following conditions are |
| 2 | | met: |
| 3 | | (1) The voters of the district approve a proposition |
| 4 | | for the bond issuance at an election held on or after March |
| 5 | | 17, 2020. |
| 6 | | (2) Prior to the issuance of the bonds, the school |
| 7 | | board determines, by resolution, that (i) the building and |
| 8 | | equipping of an addition to the John Mills Elementary |
| 9 | | School building; the renovating, altering, repairing, and |
| 10 | | equipping of the John Mills and Elmwood Elementary School |
| 11 | | buildings; the installation of safety and security |
| 12 | | improvements; and the improvement of school sites are |
| 13 | | required as a result of the age and condition of the |
| 14 | | district's existing school buildings and (ii) the issuance |
| 15 | | of bonds is authorized by a statute that exempts the debt |
| 16 | | incurred on the bonds from the district's statutory debt |
| 17 | | limitation. |
| 18 | | (3) The bonds are issued, in one or more issuances, |
| 19 | | not later than 5 years after the date of the referendum |
| 20 | | approving the issuance of the bonds, but the aggregate |
| 21 | | principal amount issued in all such bond issuances |
| 22 | | combined must not exceed $55,000,000. |
| 23 | | (4) The bonds are issued in accordance with this |
| 24 | | Article. |
| 25 | | (5) The proceeds of the bonds are used to accomplish |
| 26 | | only the projects approved by the voters at an election |
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| 1 | | held on or after March 17, 2020. |
| 2 | | The debt incurred on any bonds issued under this |
| 3 | | subsection (p-165) and on any bonds issued to refund or |
| 4 | | continue to refund such bonds shall not be considered |
| 5 | | indebtedness for purposes of any statutory debt limitation. |
| 6 | | Bonds issued under this subsection (p-165) and any bonds |
| 7 | | issued to refund or continue to refund such bonds must mature |
| 8 | | within not to exceed 25 years from their date, notwithstanding |
| 9 | | any other law, including Section 19-3 of this Code, to the |
| 10 | | contrary. |
| 11 | | (p-170) In addition to all other authority to issue bonds, |
| 12 | | Maroa-Forsyth Community Unit School District 2 may issue bonds |
| 13 | | with an aggregate principal amount not to exceed $33,000,000, |
| 14 | | but only if all of the following conditions are met: |
| 15 | | (1) The voters of the school district approve a |
| 16 | | proposition for the bond issuance at an election held on |
| 17 | | March 17, 2020. |
| 18 | | (2) Prior to the issuance of the bonds, the school |
| 19 | | board determines, by resolution, that the projects set |
| 20 | | forth in the proposition for the bond issuance were and |
| 21 | | are required because of the age and condition of the |
| 22 | | school district's existing school buildings. |
| 23 | | (3) The bonds are issued, in one or more issuances, |
| 24 | | not later than 5 years after the date of the referendum |
| 25 | | approving the issuance of the bonds, but the aggregate |
| 26 | | principal amount issued in all such bond issuances |
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| 1 | | combined must not exceed $33,000,000. |
| 2 | | (4) The bonds are issued in accordance with this |
| 3 | | Article. |
| 4 | | (5) The proceeds of the bonds are used to accomplish |
| 5 | | only the projects approved by the voters at an election |
| 6 | | held on March 17, 2020. |
| 7 | | The debt incurred on any bonds issued under this |
| 8 | | subsection (p-170) and on any bonds issued to refund or |
| 9 | | continue to refund such bonds shall not be considered |
| 10 | | indebtedness for purposes of any statutory debt limitation. |
| 11 | | Bonds issued under this subsection (p-170) and any bonds |
| 12 | | issued to refund or continue to refund such bonds must mature |
| 13 | | within not to exceed 25 years from their date, notwithstanding |
| 14 | | any other law, including Section 19-3 of this Code, to the |
| 15 | | contrary. |
| 16 | | (p-175) In addition to all other authority to issue bonds, |
| 17 | | Schiller Park School District 81 may issue bonds with an |
| 18 | | aggregate principal amount not to exceed $30,000,000, but only |
| 19 | | if all of the following conditions are met: |
| 20 | | (1) The voters of the district approve a proposition |
| 21 | | for the bond issuance at an election held on or after March |
| 22 | | 17, 2020. |
| 23 | | (2) Prior to the issuance of the bonds, the school |
| 24 | | board determines, by resolution, that (i) building and |
| 25 | | equipping a school building to replace the Washington |
| 26 | | Elementary School building, installing fire suppression |
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| 1 | | systems, security systems, and federal Americans with |
| 2 | | Disability Act of 1990 compliance measures, acquiring |
| 3 | | land, and improving the site are required to accommodate |
| 4 | | enrollment growth, replace an outdated facility, and |
| 5 | | create spaces consistent with 21st century learning and |
| 6 | | (ii) the issuance of bonds is authorized by a statute that |
| 7 | | exempts the debt incurred on the bonds from the district's |
| 8 | | statutory debt limitation. |
| 9 | | (3) The bonds are issued, in one or more issuances, |
| 10 | | not later than 5 years after the date of the referendum |
| 11 | | approving the issuance of the bonds, but the aggregate |
| 12 | | principal amount issued in all such bond issuances |
| 13 | | combined must not exceed $30,000,000. |
| 14 | | (4) The bonds are issued in accordance with this |
| 15 | | Article. |
| 16 | | (5) The proceeds of the bonds are used to accomplish |
| 17 | | only the projects approved by the voters at an election |
| 18 | | held on or after March 17, 2020. |
| 19 | | The debt incurred on any bonds issued under this |
| 20 | | subsection (p-175) and on any bonds issued to refund or |
| 21 | | continue to refund such bonds shall not be considered |
| 22 | | indebtedness for purposes of any statutory debt limitation. |
| 23 | | Bonds issued under this subsection (p-175) and any bonds |
| 24 | | issued to refund or continue to refund such bonds must mature |
| 25 | | within not to exceed 27 years from their date, notwithstanding |
| 26 | | any other law, including Section 19-3 of this Code, to the |
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| 1 | | contrary. |
| 2 | | (p-180) In addition to all other authority to issue bonds, |
| 3 | | Iroquois County Community Unit School District 9 may issue |
| 4 | | bonds with an aggregate principal amount not to exceed |
| 5 | | $17,125,000, but only if all of the following conditions are |
| 6 | | met: |
| 7 | | (1) The voters of the district approve a proposition |
| 8 | | for the bond issuance at an election held on or after April |
| 9 | | 6, 2021. |
| 10 | | (2) Prior to the issuance of the bonds, the school |
| 11 | | board determines, by resolution, that (i) building and |
| 12 | | equipping a new school building in the City of Watseka; |
| 13 | | altering, repairing, renovating, and equipping portions of |
| 14 | | the existing facilities of the district; and making site |
| 15 | | improvements is necessary because of the age and condition |
| 16 | | of the district's existing school facilities and (ii) the |
| 17 | | issuance of bonds is authorized by a statute that exempts |
| 18 | | the debt incurred on the bonds from the district's |
| 19 | | statutory debt limitation. |
| 20 | | (3) The bonds are issued, in one or more issuances, |
| 21 | | not later than 5 years after the date of the referendum |
| 22 | | approving the issuance of the bonds, but the aggregate |
| 23 | | principal amount issued in all such bond issuances |
| 24 | | combined must not exceed $17,125,000. |
| 25 | | (4) The bonds are issued in accordance with this |
| 26 | | Article. |
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| 1 | | (5) The proceeds of the bonds are used to accomplish |
| 2 | | only the projects approved by the voters at an election |
| 3 | | held on or after April 6, 2021. |
| 4 | | The debt incurred on any bonds issued under this |
| 5 | | subsection (p-180) and on any bonds issued to refund or |
| 6 | | continue to refund such bonds shall not be considered |
| 7 | | indebtedness for purposes of any statutory debt limitation. |
| 8 | | Bonds issued under this subsection (p-180) and any bonds |
| 9 | | issued to refund or continue to refund such bonds must mature |
| 10 | | within not to exceed 25 years from their date, notwithstanding |
| 11 | | any other law, including Section 19-3 of this Code, to the |
| 12 | | contrary. |
| 13 | | (p-185) In addition to all other authority to issue bonds, |
| 14 | | Field Community Consolidated School District 3 may issue bonds |
| 15 | | with an aggregate principal amount not to exceed $2,600,000, |
| 16 | | but only if all of the following conditions are met: |
| 17 | | (1) The voters of the district approve a proposition |
| 18 | | for the bond issuance at an election held on or after April |
| 19 | | 6, 2021. |
| 20 | | (2) Prior to the issuance of the bonds, the school |
| 21 | | board determines, by resolution, that (i) it is necessary |
| 22 | | to alter, repair, renovate, and equip the existing |
| 23 | | facilities of the district, including, but not limited to, |
| 24 | | roof replacement, lighting replacement, electrical |
| 25 | | upgrades, restroom repairs, and gym renovations, and make |
| 26 | | site improvements because of the age and condition of the |
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| | HB5736 | - 75 - | LRB104 21333 TRT 36173 b |
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| 1 | | district's existing school facilities and (ii) the |
| 2 | | issuance of bonds is authorized by a statute that exempts |
| 3 | | the debt incurred on the bonds from the district's |
| 4 | | statutory debt limitation. |
| 5 | | (3) The bonds are issued, in one or more issuances, |
| 6 | | not later than 5 years after the date of the referendum |
| 7 | | approving the issuance of the bonds, but the aggregate |
| 8 | | principal amount issued in all such bond issuances |
| 9 | | combined must not exceed $2,600,000. |
| 10 | | (4) The bonds are issued in accordance with this |
| 11 | | Article. |
| 12 | | (5) The proceeds of the bonds are used to accomplish |
| 13 | | only the projects approved by the voters at an election |
| 14 | | held on or after April 6, 2021. |
| 15 | | The debt incurred on any bonds issued under this |
| 16 | | subsection (p-185) and on any bonds issued to refund or |
| 17 | | continue to refund such bonds shall not be considered |
| 18 | | indebtedness for purposes of any statutory debt limitation. |
| 19 | | Bonds issued under this subsection (p-185) and any bonds |
| 20 | | issued to refund or continue to refund such bonds must mature |
| 21 | | within not to exceed 25 years from their date, notwithstanding |
| 22 | | any other law, including Section 19-3 of this Code, to the |
| 23 | | contrary. |
| 24 | | (p-190) In addition to all other authority to issue bonds, |
| 25 | | Mahomet-Seymour Community Unit School District 3 may issue |
| 26 | | bonds with an aggregate principal amount not to exceed |
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| | HB5736 | - 76 - | LRB104 21333 TRT 36173 b |
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| 1 | | $97,900,000, but only if all the following conditions are met: |
| 2 | | (1) The voters of the district approve a proposition |
| 3 | | for the bond issuance at an election held on or after June |
| 4 | | 28, 2022. |
| 5 | | (2) Prior to the issuance of the bonds, the school |
| 6 | | board determines, by resolution, that (i) it is necessary |
| 7 | | to build and equip a new junior high school building, |
| 8 | | build and equip a new transportation building, and build |
| 9 | | and equip additions to, renovate, and make site |
| 10 | | improvements at the Lincoln Trail Elementary building, |
| 11 | | Middletown Prairie Elementary building, and |
| 12 | | Mahomet-Seymour High School building and (ii) the issuance |
| 13 | | of bonds is authorized by a statute that exempts the debt |
| 14 | | incurred on the bonds from the district's statutory debt |
| 15 | | limitation. |
| 16 | | (3) The bonds are issued, in one or more issuances, |
| 17 | | not later than 5 years after the date of the referendum |
| 18 | | approving the issuance of the bonds, but the aggregate |
| 19 | | principal amount issued in all such bond issuances |
| 20 | | combined must not exceed $97,900,000. |
| 21 | | (4) The bonds are issued in accordance with this |
| 22 | | Article. |
| 23 | | (5) The proceeds of the bonds are used to accomplish |
| 24 | | only the projects approved by the voters at an election |
| 25 | | held on or after June 28, 2022. |
| 26 | | The debt incurred on any bonds issued under this |
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| | HB5736 | - 77 - | LRB104 21333 TRT 36173 b |
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| 1 | | subsection (p-190) and on any bonds issued to refund or |
| 2 | | continue to refund such bonds shall not be considered |
| 3 | | indebtedness for purposes of any statutory debt limitation. |
| 4 | | Bonds issued under this subsection (p-190) and any bonds |
| 5 | | issued to refund or continue to refund such bonds must mature |
| 6 | | within not to exceed 25 years from their date, notwithstanding |
| 7 | | any other law, including Section 19-3 of this Code, to the |
| 8 | | contrary. |
| 9 | | (p-195) In addition to all other authority to issue bonds, |
| 10 | | New Berlin Community Unit School District 16 may issue bonds |
| 11 | | with an aggregate principal amount not to exceed $23,500,000, |
| 12 | | but only if all the following conditions are met: |
| 13 | | (1) The voters of the district approve a proposition |
| 14 | | for the bond issuance at an election held on or after June |
| 15 | | 28, 2022. |
| 16 | | (2) Prior to the issuance of the bonds, the school |
| 17 | | board determines, by resolution, that (i) it is necessary |
| 18 | | to alter, repair, and equip the junior/senior high school |
| 19 | | building, including creating new classroom, gym, and other |
| 20 | | instructional spaces, renovating the J.V. Kirby Pretzel |
| 21 | | Dome, improving heating, cooling, and ventilation systems, |
| 22 | | installing school safety and security improvements, |
| 23 | | removing asbestos, and making site improvements, and (ii) |
| 24 | | the issuance of bonds is authorized by a statute that |
| 25 | | exempts the debt incurred on the bonds from the district's |
| 26 | | statutory debt limitation. |
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| | HB5736 | - 78 - | LRB104 21333 TRT 36173 b |
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| 1 | | (3) The bonds are issued, in one or more issuances, |
| 2 | | not later than 5 years after the date of the referendum |
| 3 | | approving the issuance of the bonds, but the aggregate |
| 4 | | principal amount issued in all such bond issuances |
| 5 | | combined must not exceed $23,500,000. |
| 6 | | (4) The bonds are issued in accordance with this |
| 7 | | Article. |
| 8 | | (5) The proceeds of the bonds are used to accomplish |
| 9 | | only the projects approved by the voters at an election |
| 10 | | held on or after June 28, 2022. |
| 11 | | The debt incurred on any bonds issued under this |
| 12 | | subsection (p-195) and on any bonds issued to refund or |
| 13 | | continue to refund such bonds shall not be considered |
| 14 | | indebtedness for purposes of any statutory debt limitation. |
| 15 | | Bonds issued under this subsection (p-195) and any bonds |
| 16 | | issued to refund or continue to refund such bonds must mature |
| 17 | | within not to exceed 25 years from their date, notwithstanding |
| 18 | | any other law, including Section 19-3 of this Code, to the |
| 19 | | contrary. |
| 20 | | (p-200) In addition to all other authority to issue bonds, |
| 21 | | Highland Community Unit School District 5 may issue bonds with |
| 22 | | an aggregate principal amount not to exceed $40,000,000, but |
| 23 | | only if all the following conditions are met: |
| 24 | | (1) The voters of the district approve a proposition |
| 25 | | for the bond issuance at an election held on or after June |
| 26 | | 28, 2022. |
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| | HB5736 | - 79 - | LRB104 21333 TRT 36173 b |
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| 1 | | (2) Prior to the issuance of the bonds, the school |
| 2 | | board determines, by resolution, that (i) it is necessary |
| 3 | | to improve the sites of, build, and equip a new primary |
| 4 | | school building and build and equip additions to and |
| 5 | | alter, repair, and equip existing school buildings and |
| 6 | | (ii) the issuance of bonds is authorized by a statute that |
| 7 | | exempts the debt incurred on the bonds from the district's |
| 8 | | statutory debt limitation. |
| 9 | | (3) The bonds are issued, in one or more issuances, |
| 10 | | not later than 5 years after the date of the referendum |
| 11 | | approving the issuance of the bonds, but the aggregate |
| 12 | | principal amount issued in all such bond issuances |
| 13 | | combined must not exceed $40,000,000. |
| 14 | | (4) The bonds are issued in accordance with this |
| 15 | | Article. |
| 16 | | (5) The proceeds of the bonds are used to accomplish |
| 17 | | only the projects approved by the voters at an election |
| 18 | | held on or after June 28, 2022. |
| 19 | | The debt incurred on any bonds issued under this |
| 20 | | subsection (p-200) and on any bonds issued to refund or |
| 21 | | continue to refund such bonds shall not be considered |
| 22 | | indebtedness for purposes of any statutory debt limitation. |
| 23 | | Bonds issued under this subsection (p-200) and any bonds |
| 24 | | issued to refund or continue to refund such bonds must mature |
| 25 | | within not to exceed 25 years from their date, notwithstanding |
| 26 | | any other law, including Section 19-3 of this Code, to the |
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| 1 | | contrary. |
| 2 | | (p-205) In addition to all other authority to issue bonds, |
| 3 | | Sullivan Community Unit School District 300 may issue bonds |
| 4 | | with an aggregate principal amount not to exceed $25,000,000, |
| 5 | | but only if all of the following conditions are met: |
| 6 | | (1) The voters of the district approve a proposition |
| 7 | | for the bond issuance at an election held on or after June |
| 8 | | 28, 2022. |
| 9 | | (2) Prior to the issuance of the bonds, the school |
| 10 | | board determines, by resolution, that (i) the projects set |
| 11 | | forth in the proposition for the issuance of the bonds are |
| 12 | | required because of the age, condition, or capacity of the |
| 13 | | school district's existing school buildings and (ii) the |
| 14 | | issuance of bonds is authorized by a statute that exempts |
| 15 | | the debt incurred on the bonds from the district's |
| 16 | | statutory debt limitation. |
| 17 | | (3) The bonds are issued, in one or more issuances, |
| 18 | | not later than 5 years after the date of the referendum |
| 19 | | approving the issuance of the bonds, but the aggregate |
| 20 | | principal amount issued in all such bond issuances |
| 21 | | combined must not exceed $25,000,000. |
| 22 | | (4) The bonds are issued in accordance with this |
| 23 | | Article. |
| 24 | | (5) The proceeds of the bonds are used to accomplish |
| 25 | | only the projects approved by the voters at an election |
| 26 | | held on or after June 28, 2022. |
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| | HB5736 | - 81 - | LRB104 21333 TRT 36173 b |
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| 1 | | The debt incurred on any bonds issued under this |
| 2 | | subsection (p-205) and on any bonds issued to refund or |
| 3 | | continue to refund such bonds shall not be considered |
| 4 | | indebtedness for purposes of any statutory debt limitation. |
| 5 | | Bonds issued under this subsection (p-205) and any bonds |
| 6 | | issued to refund or continue to refund such bonds must mature |
| 7 | | within not to exceed 25 years from their date, notwithstanding |
| 8 | | any other law, including Section 19-3 of this Code, to the |
| 9 | | contrary. |
| 10 | | (p-210) In addition to all other authority to issue bonds, |
| 11 | | Manhattan School District 114 may issue bonds with an |
| 12 | | aggregate principal amount not to exceed $85,000,000, but only |
| 13 | | if all the following conditions are met: |
| 14 | | (1) The voters of the district approve a proposition |
| 15 | | for the bond issuance at an election held on or after June |
| 16 | | 28, 2022. |
| 17 | | (2) Prior to the issuance of the bonds, the school |
| 18 | | board determines, by resolution, that the projects set |
| 19 | | forth in the proposition for the bond issuance were and |
| 20 | | are required because of the age, condition, or capacity of |
| 21 | | the school district's existing school buildings. |
| 22 | | (3) The bonds are issued, in one or more issuances, |
| 23 | | not later than 5 years after the date of the referendum |
| 24 | | approving the issuances of the bonds, but the aggregate |
| 25 | | principal amount issued in all such bond issuances |
| 26 | | combined must not exceed $85,000,000. |
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| | HB5736 | - 82 - | LRB104 21333 TRT 36173 b |
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| 1 | | (4) The bonds are issued in accordance with this |
| 2 | | Article. |
| 3 | | (5) The proceeds of the bonds are used to accomplish |
| 4 | | only the projects approved by the voters at an election |
| 5 | | held on or after June 28, 2022. |
| 6 | | The debt incurred on any bonds issued under this |
| 7 | | subsection (p-210) and on any bonds issued to refund or |
| 8 | | continue to refund such bonds shall not be considered |
| 9 | | indebtedness for purposes of any statutory debt limitation. |
| 10 | | Bonds issued under this subsection (p-210) and any bonds |
| 11 | | issued to refund or continue to refund such bonds must mature |
| 12 | | within not to exceed 30 years from their date, notwithstanding |
| 13 | | any other law, including Section 19-3 of this Code, to the |
| 14 | | contrary. |
| 15 | | (p-215) In addition to all other authority to issue bonds, |
| 16 | | Golf Elementary School District 67 may issue bonds with an |
| 17 | | aggregate principal amount not to exceed $56,000,000, but only |
| 18 | | if all of the following conditions are met: |
| 19 | | (1) The voters of the district approve a proposition |
| 20 | | for the bond issuance at an election held on or after June |
| 21 | | 28, 2022. |
| 22 | | (2) Prior to the issuance of the bonds, the school |
| 23 | | board determines, by resolution, that (i) it is necessary |
| 24 | | to build and equip a new school building and improve the |
| 25 | | site thereof and (ii) the issuance of bonds is authorized |
| 26 | | by a statute that exempts the debt incurred on the bonds |
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| | HB5736 | - 83 - | LRB104 21333 TRT 36173 b |
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| 1 | | from the district's statutory debt limitation. |
| 2 | | (3) The bonds are issued, in one or more issuances, |
| 3 | | not later than 5 years after the date of the referendum |
| 4 | | approving the issuance of the bonds, but the aggregate |
| 5 | | principal amount issued in all such bond issuances |
| 6 | | combined must not exceed $56,000,000. |
| 7 | | (4) The bonds are issued in accordance with this |
| 8 | | Article. |
| 9 | | (5) The proceeds of the bonds are used to accomplish |
| 10 | | only the projects approved by the voters at an election |
| 11 | | held on or after June 28, 2022. |
| 12 | | The debt incurred on any bonds issued under this |
| 13 | | subsection (p-215) and on any bonds issued to refund or |
| 14 | | continue to refund such bonds shall not be considered |
| 15 | | indebtedness for purposes of any statutory debt limitation. |
| 16 | | Bonds issued under this subsection (p-215) and any bonds |
| 17 | | issued to refund or continue to refund such bonds must mature |
| 18 | | within not to exceed 25 years from their date, notwithstanding |
| 19 | | any other law, including Section 19-3 of this Code, to the |
| 20 | | contrary. |
| 21 | | (p-220) In addition to all other authority to issue bonds, |
| 22 | | Joliet Public Schools District 86 may issue bonds with an |
| 23 | | aggregate principal amount not to exceed $99,500,000, but only |
| 24 | | if all the following conditions are met: |
| 25 | | (1) The voters of the district approve a proposition |
| 26 | | for the bond issuance at an election held on or after April |
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| 1 | | 4, 2023. |
| 2 | | (2) Prior to the issuance of the bonds, the school |
| 3 | | board determines, by resolution, that the projects set |
| 4 | | forth in the proposition for the bond issuance were and |
| 5 | | are required because of the age and condition of the |
| 6 | | school district's existing school buildings. |
| 7 | | (3) The bonds are issued, in one or more issuances, |
| 8 | | not later than 5 years after the date of the referendum |
| 9 | | approving the issuance of the bonds, but the aggregate |
| 10 | | principal amount issued in all such bond issuances |
| 11 | | combined must not exceed $99,500,000. |
| 12 | | (4) The bonds are issued in accordance with this |
| 13 | | Article. |
| 14 | | (5) The proceeds of the bonds are used to accomplish |
| 15 | | only the projects approved by the voters at an election |
| 16 | | held on or after April 4, 2023. |
| 17 | | The debt incurred on any bonds issued under this |
| 18 | | subsection (p-220), and on any bonds issued to refund or |
| 19 | | continue to refund such bonds, shall not be considered |
| 20 | | indebtedness for purposes of any statutory debt limitation. |
| 21 | | Bonds issued under this subsection (p-220) and any bonds |
| 22 | | issued to refund or continue to refund such bonds must mature |
| 23 | | within not to exceed 25 years from their date, notwithstanding |
| 24 | | any other law, including Section 19-3 of this Code, to the |
| 25 | | contrary. |
| 26 | | (p-225) In addition to all other authority to issue bonds, |
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| 1 | | Union Ridge School District 86 may issue bonds with an |
| 2 | | aggregate principal amount not to exceed $35,000,000, but only |
| 3 | | if all the following conditions are met: |
| 4 | | (1) The voters of the school district approve a |
| 5 | | proposition for the bond issuance at an election held on |
| 6 | | or after March 19, 2024. |
| 7 | | (2) Prior to the issuance of the bonds, the school |
| 8 | | board determines, by resolution, that the projects set |
| 9 | | forth in the proposition for the bond issuance were and |
| 10 | | are required because of the age and condition of the |
| 11 | | school district's existing school buildings. |
| 12 | | (3) The bonds are issued, in one or more issuances, |
| 13 | | not later than 5 years after the date of the referendum |
| 14 | | approving the issuance of the bonds, but the aggregate |
| 15 | | principal amount issued in all such bond issuances |
| 16 | | combined must not exceed $35,000,000. |
| 17 | | (4) The bonds are issued in accordance with this |
| 18 | | Article. |
| 19 | | (5) The proceeds of the bonds are used to accomplish |
| 20 | | only the projects approved by the voters at an election |
| 21 | | held on or after March 19, 2024. |
| 22 | | The debt incurred on any bonds issued under this |
| 23 | | subsection (p-225) and on any bonds issued to refund or |
| 24 | | continue to refund such bonds shall not be considered |
| 25 | | indebtedness for purposes of any statutory debt limitation. |
| 26 | | Bonds issued under this subsection (p-225) and any bonds |
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| 1 | | issued to refund or continue to refund such bonds must mature |
| 2 | | within not to exceed 25 years from their date, notwithstanding |
| 3 | | any other law, including Section 19-3 of this Code, to the |
| 4 | | contrary. |
| 5 | | (p-230) In addition to all other authority to issue bonds, |
| 6 | | Bethel School District 82 may issue bonds with an aggregate |
| 7 | | principal amount not to exceed $3,975,000, but only if all the |
| 8 | | following conditions are met: |
| 9 | | (1) The voters of the school district approve a |
| 10 | | proposition for the bond issuance at an election held on |
| 11 | | or after March 19, 2024. |
| 12 | | (2) Prior to the issuance of the bonds, the school |
| 13 | | board determines, by resolution, that the projects set |
| 14 | | forth in the proposition for the bond issuance were and |
| 15 | | are required because of the age and condition of the |
| 16 | | school district's existing school buildings. |
| 17 | | (3) The bonds are issued, in one or more issuances, |
| 18 | | not later than 5 years after the date of the referendum |
| 19 | | approving the issuance of the bonds, but the aggregate |
| 20 | | principal amount issued in all such bond issuances |
| 21 | | combined must not exceed $3,975,000. |
| 22 | | (4) The bonds are issued in accordance with this |
| 23 | | Article. |
| 24 | | (5) The proceeds of the bonds are used to accomplish |
| 25 | | only the projects approved by the voters at an election |
| 26 | | held on or after March 19, 2024. |
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| 1 | | The debt incurred on any bonds issued under this |
| 2 | | subsection (p-230) and on any bonds issued to refund or |
| 3 | | continue to refund such bonds shall not be considered |
| 4 | | indebtedness for purposes of any statutory debt limitation. |
| 5 | | Bonds issued under this subsection (p-230) and any bonds |
| 6 | | issued to refund or continue to refund such bonds must mature |
| 7 | | within not to exceed 25 years from their date, notwithstanding |
| 8 | | any other law, including Section 19-3 of this Code, to the |
| 9 | | contrary. |
| 10 | | (p-235) Notwithstanding the provisions of any other law to |
| 11 | | the contrary, debt incurred on any bonds issued under Section |
| 12 | | 19-3 of this Code and authorized by an election held on or |
| 13 | | after November 5, 2024 and on any bonds issued to refund or |
| 14 | | continue to refund such bonds shall not be considered |
| 15 | | indebtedness for purposes of any statutory debt limitation. |
| 16 | | Bonds issued under Section 19-3 of this Code and authorized by |
| 17 | | an election held on or after November 5, 2024 and any bonds |
| 18 | | issued to refund or continue to refund such bonds must mature |
| 19 | | within 30 years from their date, notwithstanding any other |
| 20 | | law, including Section 19-3 of this Code, to the contrary. |
| 21 | | (q) A school district must notify the State Board of |
| 22 | | Education prior to issuing any form of long-term or short-term |
| 23 | | debt that will result in outstanding debt that exceeds 75% of |
| 24 | | the debt limit specified in this Section or any other |
| 25 | | provision of law. |
| 26 | | (Source: P.A. 103-449, eff. 1-1-24; 103-591, eff. 7-1-24; |
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| 1 | | 103-978, eff. 8-9-24; 104-417, eff. 8-15-25.) |
| 2 | | (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) |
| 3 | | Sec. 19-3. Boards of education. Any school district |
| 4 | | governed by a board of education and having a population of not |
| 5 | | more than 500,000 inhabitants, and not governed by a special |
| 6 | | Act may borrow money for the purpose of building, equipping, |
| 7 | | altering or repairing school buildings or purchasing or |
| 8 | | improving school sites, or acquiring and equipping |
| 9 | | playgrounds, recreation grounds, athletic fields, and other |
| 10 | | buildings or land used or useful for school purposes or for the |
| 11 | | purpose of purchasing a site, with or without a building or |
| 12 | | buildings thereon, or for the building of a house or houses on |
| 13 | | such site, or for the building of a house or houses on the |
| 14 | | school site of the school district, for residential purposes |
| 15 | | of the superintendent, principal, or teachers of the school |
| 16 | | district, and issue its negotiable coupon bonds therefor |
| 17 | | signed by the president and secretary of the board, in |
| 18 | | denominations of not less than $100 nor more than $5,000, |
| 19 | | payable at such place and at such time or times, not exceeding |
| 20 | | 20 years, with the exception of Lockport High School and bonds |
| 21 | | issued by any school district as qualified school construction |
| 22 | | bonds in accordance with applicable federal tax law not |
| 23 | | exceeding 25 years, from date of issuance, as the board of |
| 24 | | education may prescribe, and bearing interest at a rate not to |
| 25 | | exceed the maximum rate authorized by the Bond Authorization |
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| 1 | | Act, as amended at the time of the making of the contract, |
| 2 | | payable annually, semiannually or quarterly, but no such bonds |
| 3 | | shall be issued unless the proposition to issue them is |
| 4 | | submitted to the voters of the district at a referendum held at |
| 5 | | a general regularly scheduled election after the board has |
| 6 | | certified the proposition to the proper election authorities |
| 7 | | in accordance with the general election law, a majority of all |
| 8 | | the votes cast on the proposition is in favor of the |
| 9 | | proposition, and notice of such bond referendum has been given |
| 10 | | either (i) in accordance with the second paragraph of Section |
| 11 | | 12-1 of the Election Code irrespective of whether such notice |
| 12 | | included any reference to the public question as it appeared |
| 13 | | on the ballot, or (ii) for an election held on or after |
| 14 | | November 1, 1998, in accordance with Section 12-5 of the |
| 15 | | Election Code, or (iii) by publication of a true and legible |
| 16 | | copy of the specimen ballot label containing the proposition |
| 17 | | in the form in which it appeared or will appear on the official |
| 18 | | ballot label on the day of the election at least 5 days before |
| 19 | | the day of the election in at least one newspaper published in |
| 20 | | and having a general circulation in the district, irrespective |
| 21 | | of any other requirements of Article 12 or Section 24A-18 of |
| 22 | | the Election Code, nor shall any residential site be acquired |
| 23 | | unless such proposition to acquire a site is submitted to the |
| 24 | | voters of the district at a referendum held at a general |
| 25 | | regularly scheduled election after the board has certified the |
| 26 | | proposition to the proper election authorities in accordance |
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| 1 | | with the general election law and a majority of all the votes |
| 2 | | cast on the proposition is in favor of the proposition. |
| 3 | | Nothing in this Act or in any other law shall be construed to |
| 4 | | require the notice of the bond referendum to be published over |
| 5 | | the name or title of the election authority or the listing of |
| 6 | | maturity dates of any bonds either in the notice of bond |
| 7 | | election or ballot used in the bond election. The provisions |
| 8 | | of this Section concerning notice of the bond referendum apply |
| 9 | | only to (i) consolidated primary elections held prior to |
| 10 | | January 1, 2002 and the consolidated election held on April |
| 11 | | 17, 2007 at which not less than 60% of the voters voting on the |
| 12 | | bond proposition voted in favor of the bond proposition, and |
| 13 | | (ii) other elections held before July 1, 1999; otherwise, |
| 14 | | notices required in connection with the submission of public |
| 15 | | questions shall be as set forth in Section 12-5 of the Election |
| 16 | | Code. Such proposition may be initiated by resolution of the |
| 17 | | school board. |
| 18 | | With respect to instruments for the payment of money |
| 19 | | issued under this Section either before, on, or after the |
| 20 | | effective date of this amendatory Act of 1989, it is and always |
| 21 | | has been the intention of the General Assembly (i) that the |
| 22 | | Omnibus Bond Acts are and always have been supplementary |
| 23 | | grants of power to issue instruments in accordance with the |
| 24 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 25 | | that may appear to be or to have been more restrictive than |
| 26 | | those Acts, (ii) that the provisions of this Section are not a |
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| 1 | | limitation on the supplementary authority granted by the |
| 2 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 3 | | this Section within the supplementary authority granted by the |
| 4 | | Omnibus Bond Acts are not invalid because of any provision of |
| 5 | | this Act that may appear to be or to have been more restrictive |
| 6 | | than those Acts. |
| 7 | | The proceeds of any bonds issued under authority of this |
| 8 | | Section shall be deposited and accounted for separately within |
| 9 | | the Site and Construction/Capital Improvements Fund. |
| 10 | | (Source: P.A. 99-735, eff. 8-5-16.) |
| 11 | | (105 ILCS 5/19-9) (from Ch. 122, par. 19-9) |
| 12 | | Sec. 19-9. Resolution to issue bonds - Submission to |
| 13 | | voters. Before any district as described in Section 19-8 shall |
| 14 | | avail itself of the provisions of that section the governing |
| 15 | | body thereof shall examine and consider the several teachers' |
| 16 | | orders or claims or liabilities of a Financial Oversight Panel |
| 17 | | established pursuant to Article 1H of this Code, or any or all |
| 18 | | of these, proposed to be paid and if it appears that they were |
| 19 | | authorized and allowed for proper school purposes it shall |
| 20 | | adopt a resolution so declaring and set forth and describe in |
| 21 | | detail such teachers' orders and claims and liabilities of a |
| 22 | | Financial Oversight Panel established pursuant to Article 1H |
| 23 | | of this Code and the adoption of the resolution shall |
| 24 | | establish the validity thereof, notwithstanding the amount of |
| 25 | | such orders and claims and liabilities of a Financial |
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| 1 | | Oversight Panel established pursuant to Article 1H of this |
| 2 | | Code may exceed in whole or in part any applicable statutory |
| 3 | | debt limit in force at the time the indebtedness evidenced by |
| 4 | | such orders and claims and liabilities of a Financial |
| 5 | | Oversight Panel established pursuant to Article 1H of this |
| 6 | | Code was incurred. The resolution shall also declare the |
| 7 | | intention of the district to issue bonds for the purpose of |
| 8 | | paying such teachers' orders or claims or liabilities of a |
| 9 | | Financial Oversight Panel established pursuant to Article 1H |
| 10 | | of this Code, and direct that notice of such intention be |
| 11 | | published at least once in a newspaper published within the |
| 12 | | district and if there be no newspaper published within the |
| 13 | | district then notice shall be published in a newspaper having |
| 14 | | general circulation within the district. The notice shall set |
| 15 | | forth (1) the time within which a petition may be filed |
| 16 | | requesting the submission of the proposition to issue the |
| 17 | | bonds as hereinafter in this Section provided; (2) the |
| 18 | | specific number of voters required to sign the petition; and |
| 19 | | the date of the prospective referendum. The recording officer |
| 20 | | of the district shall provide a petition form to any |
| 21 | | individual requesting one. If within 30 days after such |
| 22 | | publication of such notice a petition is filed with the |
| 23 | | recording officer of the district, signed by the voters of the |
| 24 | | district equal to 10% or more of the registered voters of the |
| 25 | | district requesting that the proposition to issue bonds as |
| 26 | | authorized by Section 19-8 be submitted to the voters thereof, |
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| 1 | | then the district shall not be authorized to issue bonds as |
| 2 | | provided by Section 19-8 until the proposition has been |
| 3 | | submitted to and approved by a majority of the voters voting on |
| 4 | | the proposition at a general regular scheduled election. The |
| 5 | | board shall certify the proposition to the proper election |
| 6 | | authorities for submission in accordance with the general |
| 7 | | election law. If no such petition with the requisite number of |
| 8 | | signatures is filed within said 30 days, or if any and all |
| 9 | | petitions filed are invalid, then the district shall |
| 10 | | thereafter be authorized to issue bonds for the purposes and |
| 11 | | as provided in Section 19-8. |
| 12 | | (Source: P.A. 97-429, eff. 8-16-11.) |
| 13 | | (105 ILCS 5/20-7) (from Ch. 122, par. 20-7) |
| 14 | | Sec. 20-7. Resolution for issuance of bonds - Submission |
| 15 | | to voters - Ballot. No school district may issue bonds under |
| 16 | | this Article unless it adopts a resolution declaring its |
| 17 | | intention to issue bonds for the purpose therein provided and |
| 18 | | directs that notice of such intention be published at least |
| 19 | | once in a newspaper published and having a general circulation |
| 20 | | in the district, if there be one, but if there is no newspaper |
| 21 | | published in such district then by publishing such notice in a |
| 22 | | newspaper having a general circulation in the district. The |
| 23 | | notice shall set forth (1) the intention of the district to |
| 24 | | issue bonds in accordance with this Article; (2) the time |
| 25 | | within which a petition may be filed requesting the submission |
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| 1 | | of the proposition to issue the bonds; (3) the specific number |
| 2 | | of voters required to sign the petition; and (4) the date of |
| 3 | | the prospective referendum. At the time of publication of the |
| 4 | | notice and for 30 days thereafter, the recording officer of |
| 5 | | the district shall provide a petition form to any individual |
| 6 | | requesting one. If within 30 days after the publication a |
| 7 | | petition is filed with the recording officer of the district, |
| 8 | | signed by the voters of the district equal to 10% or more of |
| 9 | | the registered voters of the district requesting that the |
| 10 | | proposition to issue bonds as authorized by this Article be |
| 11 | | submitted to the voters thereof, then the district shall not |
| 12 | | be authorized to issue such bonds until the proposition has |
| 13 | | been certified to the proper election authorities and has been |
| 14 | | submitted to and approved by a majority of the voters voting on |
| 15 | | the proposition at a general regular scheduled election in |
| 16 | | accordance with the general election law. If no such petition |
| 17 | | is so filed, or if any and all petitions filed are invalid, the |
| 18 | | district may issue the bonds. In addition to the requirements |
| 19 | | of the general election law the notice of the election shall |
| 20 | | set forth the intention of the district to issue bonds under |
| 21 | | this Article. The proposition shall be in substantially the |
| 22 | | following form: |
| 23 | | OFFICIAL BALLOT |
| 24 | | ----------------------------------------------
|
| 25 | | Shall the Board of ....
|
| 26 | | of School District number .... YES
|
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| 1 | | County, Illinois, be authorized
|
| 2 | | to issue bonds for a working --------------------------
|
| 3 | | cash fund as provided for
|
| 4 | | by Article 20 of the NO
|
| 5 | | School Code?
|
| 6 | | ------------------------------------------------------------- |
| 7 | | (Source: P.A. 96-1277, eff. 7-26-10.) |
| 8 | | (105 ILCS 5/32-5.6) (from Ch. 122, par. 32-5.6) |
| 9 | | Sec. 32-5.6. Special charter districts with population |
| 10 | | less than 500,000 - Authority to borrow money and issue bonds. |
| 11 | | The corporate authorities of any special charter district |
| 12 | | having a population of less than 500,000 governed by a special |
| 13 | | charter, or special charter and general law, may borrow money |
| 14 | | for the purpose of building schoolhouses, or repairing, |
| 15 | | altering and building additions to any schoolhouse already |
| 16 | | erected, or purchasing schoolhouse sites or purchasing grounds |
| 17 | | adjoining any schoolhouse site, or separated therefrom only by |
| 18 | | a public street or way, and shall also include the purchase of |
| 19 | | school sites outside the boundaries of the school district and |
| 20 | | building school buildings thereon as provided by Sections |
| 21 | | 10-22.35 and 10-22.36 of this Act, and may issue its |
| 22 | | negotiable coupon bonds therefor in such form and such |
| 23 | | denominations, payable at such place and at such time or times |
| 24 | | (not exceeding 20 years from date of issuance) and bearing |
| 25 | | interest at such rate as the corporate authorities may by |
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| 1 | | resolution prescribe. The bonds shall be in denominations of |
| 2 | | not less than $100 nor more than $5,000, and shall bear |
| 3 | | interest at a rate not to exceed the maximum rate authorized by |
| 4 | | the Bond Authorization Act, as amended at the time of the |
| 5 | | making of the contract, if issued before January 1, 1972 and |
| 6 | | not to exceed the maximum rate authorized by the Bond |
| 7 | | Authorization Act, as amended at the time of the making of the |
| 8 | | contract, if issued after January 1, 1972, payable |
| 9 | | semi-annually. No money may be borrowed or bonds issued, |
| 10 | | however, unless the proposition to borrow money and issue |
| 11 | | bonds for the purpose or purposes and in the amount prescribed |
| 12 | | in the resolution is certified to the proper election |
| 13 | | authorities and submitted to the voters of the school district |
| 14 | | at a general regular scheduled election in accordance with the |
| 15 | | general election law, and the majority of all the votes cast on |
| 16 | | the proposition is in favor thereof. The corporate authorities |
| 17 | | may not incur any indebtedness under this Section, which |
| 18 | | together with all other outstanding indebtedness, exceeds in |
| 19 | | the aggregate the indebtedness limitation under Section 19-1 |
| 20 | | of this Act that would be applicable if the district were not a |
| 21 | | special charter district. |
| 22 | | With respect to instruments for the payment of money |
| 23 | | issued under this Section either before, on, or after the |
| 24 | | effective date of this amendatory Act of 1989, it is and always |
| 25 | | has been the intention of the General Assembly (i) that the |
| 26 | | Omnibus Bond Acts are and always have been supplementary |
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| 1 | | grants of power to issue instruments in accordance with the |
| 2 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 3 | | that may appear to be or to have been more restrictive than |
| 4 | | those Acts, (ii) that the provisions of this Section are not a |
| 5 | | limitation on the supplementary authority granted by the |
| 6 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 7 | | this Section within the supplementary authority granted by the |
| 8 | | Omnibus Bond Acts are not invalid because of any provision of |
| 9 | | this Act that may appear to be or to have been more restrictive |
| 10 | | than those Acts. |
| 11 | | (Source: P.A. 86-4.) |
| 12 | | (105 ILCS 5/34-22.1) (from Ch. 122, par. 34-22.1) |
| 13 | | Sec. 34-22.1. Issuance of bonds. For the purpose of |
| 14 | | erecting, purchasing, or otherwise acquiring buildings |
| 15 | | suitable for school houses, erecting temporary school |
| 16 | | structures, erecting additions to, repairing, rehabilitating |
| 17 | | and replacing existing school buildings and temporary school |
| 18 | | structures, and furnishing and equipping school buildings and |
| 19 | | temporary school structures, and purchasing or otherwise |
| 20 | | acquiring and improving sites for such purposes, the board, |
| 21 | | with the consent of the city council expressed by ordinance, |
| 22 | | may incur an indebtedness and issue bonds therefor in an |
| 23 | | amount or amounts not to exceed in the aggregate $50,000,000. |
| 24 | | Provided, however, that not more than 25% of the aggregate |
| 25 | | amount of said bonds shall be issued in any calendar year. The |
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| 1 | | bonds shall bear interest at the rate of not more than the |
| 2 | | maximum rate authorized by the Bond Authorization Act, as |
| 3 | | amended at the time of the making of the contract, and shall |
| 4 | | mature within not to exceed 20 years from their date, and may |
| 5 | | be made callable on any interest payment date at par and |
| 6 | | accrued interest, after notice has been given, at the time and |
| 7 | | in the manner provided in the bond resolution. |
| 8 | | These bonds shall not be issued until the question of |
| 9 | | authorizing such bonds has been submitted to the electors of |
| 10 | | the city constituting said school district at a general |
| 11 | | regular scheduled election in accordance with the general |
| 12 | | election law and approved by a majority of the electors voting |
| 13 | | upon that question. |
| 14 | | The board shall adopt a resolution providing for |
| 15 | | submitting said question at such an election and certify the |
| 16 | | resolution and the proposition to the proper election |
| 17 | | authorities. In addition to the requirements of the general |
| 18 | | election law the notice of the referendum shall contain the |
| 19 | | amount of the bond issue, maximum rate of interest and purpose |
| 20 | | for which issued. |
| 21 | | This notice shall be published in accordance with the |
| 22 | | general election law. |
| 23 | | The proposition shall be in substantially the following |
| 24 | | form: |
| 25 | | --------------------------------------------------------
|
| 26 | | Shall bonds in the amount of
|
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| 1 | | $..... be issued by the board of
|
| 2 | | education of the City of.... for
|
| 3 | | the purpose of erecting, purchasing,
|
| 4 | | or otherwise acquiring buildings YES
|
| 5 | | suitable for school houses, erecting
|
| 6 | | temporary school structures,
|
| 7 | | erecting additions to, repairing,
|
| 8 | | rehabilitating and replacing existing -------------------
|
| 9 | | school buildings and temporary
|
| 10 | | school structures, and furnishing and
|
| 11 | | equipping school buildings and
|
| 12 | | temporary school structures, and NO
|
| 13 | | purchasing or otherwise acquiring and
|
| 14 | | improving sites for such purposes,
|
| 15 | | bearing interest at the rate of not
|
| 16 | | to exceed the maximum rate authorized
|
| 17 | | by the Bond Authorization Act, as amended
|
| 18 | | at the time of the making of the contract?
|
| 19 | | ------------------------------------------------------------- |
| 20 | | Whenever the board desires to issue bonds as herein |
| 21 | | authorized, it shall adopt a resolution designating the |
| 22 | | purpose for which the proceeds of the bonds are to be expended |
| 23 | | and fixing the amount of the bonds proposed to be issued, the |
| 24 | | maturity thereof, and optional provisions, if any, the rate of |
| 25 | | interest thereon, and the amount of taxes to be levied |
| 26 | | annually for the purpose of paying the interest upon and the |
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| 1 | | principal of such bonds. |
| 2 | | Said bonds shall be issued in the corporate name of the |
| 3 | | school district. They shall be signed by the president and |
| 4 | | secretary of said board and countersigned by the mayor and the |
| 5 | | comptroller (or city clerk if there be no comptroller) of the |
| 6 | | city. They shall be sold upon such terms as may be approved by |
| 7 | | the board by the city comptroller (or city clerk if there be no |
| 8 | | comptroller) after advertisement for bids as ordered by and |
| 9 | | under the direction of the board, and the proceeds thereof |
| 10 | | shall be received by the city treasurer, as school treasurer, |
| 11 | | and expended by the board for the purposes provided in the bond |
| 12 | | resolution. |
| 13 | | Before or at the time of issuing any bonds herein |
| 14 | | authorized, the city council of such city, upon the demand and |
| 15 | | under the direction of the board shall, by ordinance, provide |
| 16 | | for the levy and collection of a direct annual tax upon all the |
| 17 | | taxable property of such school district sufficient to pay and |
| 18 | | discharge the principal thereof at maturity and to pay the |
| 19 | | interest thereon as it falls due. Such tax shall be levied and |
| 20 | | collected in like manner with the other taxes of such school |
| 21 | | district and shall be in addition to and exclusive of the |
| 22 | | maximum of all other taxes which such board or such city |
| 23 | | council is now, or may hereafter be, authorized by law to levy |
| 24 | | for any and all school purposes. Upon the filing in the office |
| 25 | | of the county clerk of the county wherein such school district |
| 26 | | is located of a duly certified copy of any such ordinance, it |
|
| | HB5736 | - 101 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | shall be the duty of such county clerk to extend the tax |
| 2 | | therein provided for, including an amount to cover loss and |
| 3 | | cost of collecting said taxes and also deferred collections |
| 4 | | thereof and abatements in the amounts of such taxes as |
| 5 | | extended upon the collector's books. |
| 6 | | With respect to instruments for the payment of money |
| 7 | | issued under this Section either before, on, or after the |
| 8 | | effective date of this amendatory Act of 1989, it is and always |
| 9 | | has been the intention of the General Assembly (i) that the |
| 10 | | Omnibus Bond Acts are and always have been supplementary |
| 11 | | grants of power to issue instruments in accordance with the |
| 12 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 13 | | that may appear to be or to have been more restrictive than |
| 14 | | those Acts, (ii) that the provisions of this Section are not a |
| 15 | | limitation on the supplementary authority granted by the |
| 16 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 17 | | this Section within the supplementary authority granted by the |
| 18 | | Omnibus Bond Acts are not invalid because of any provision of |
| 19 | | this Act that may appear to be or to have been more restrictive |
| 20 | | than those Acts. |
| 21 | | (Source: P.A. 86-4.) |
| 22 | | (105 ILCS 5/34-22.2) (from Ch. 122, par. 34-22.2) |
| 23 | | Sec. 34-22.2. Issuance of bonds. For the purpose of |
| 24 | | erecting, purchasing, or otherwise acquiring buildings |
| 25 | | suitable for school houses, erecting temporary school |
|
| | HB5736 | - 102 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | structures, erecting additions to, repairing, rehabilitating |
| 2 | | and replacing existing school buildings and temporary school |
| 3 | | structures, and furnishing and equipping school buildings and |
| 4 | | temporary school structures, and purchasing or otherwise |
| 5 | | acquiring and improving sites for such purposes, the board, |
| 6 | | with the consent of the city council expressed by ordinance, |
| 7 | | may incur an indebtedness and issue bonds therefor in an |
| 8 | | amount or amounts not to exceed in the aggregate $50,000,000 |
| 9 | | in addition to the bonds authorized under Section 34-22.1. The |
| 10 | | bonds shall bear interest at the rate of not more than the |
| 11 | | maximum rate authorized by the Bond Authorization Act, as |
| 12 | | amended at the time of the making of the contract, and shall |
| 13 | | mature within not to exceed 20 years from their date, and may |
| 14 | | be made callable on any interest payment date at par and |
| 15 | | accrued interest, after notice has been given, at the time and |
| 16 | | in the manner provided in the bond resolution. |
| 17 | | These bonds shall not be issued until the question of |
| 18 | | authorizing such bonds has been submitted to the electors of |
| 19 | | the city constituting said school district at a general |
| 20 | | regular scheduled election and approved by a majority of the |
| 21 | | electors voting upon that question. The board shall adopt a |
| 22 | | resolution providing for submitting said proposition at such |
| 23 | | an election and certify the resolution and proposition to the |
| 24 | | proper election authorities for submission to the electors in |
| 25 | | accordance with the general election law. In addition to the |
| 26 | | requirements of the general election law the notice of the |
|
| | HB5736 | - 103 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | referendum shall contain the amount of the bond issue, maximum |
| 2 | | rate of interest and purpose for which issued. |
| 3 | | The proposition shall be in substantially the following |
| 4 | | form: |
| 5 | | --------------------------------------------------------
|
| 6 | | Shall bonds in the amount of
|
| 7 | | $..... be issued by the board of
|
| 8 | | education of the City of.... for the
|
| 9 | | purpose of erecting, purchasing,
|
| 10 | | or otherwise acquiring buildings YES
|
| 11 | | suitable for school houses, erecting
|
| 12 | | temporary school structures,
|
| 13 | | erecting additions to, repairing,
|
| 14 | | rehabilitating and replacing existing -----------------
|
| 15 | | school buildings and temporary
|
| 16 | | school structures, and furnishing and
|
| 17 | | equipping school buildings and
|
| 18 | | temporary school structures, and NO
|
| 19 | | purchasing or otherwise acquiring and
|
| 20 | | improving sites for such purposes,
|
| 21 | | bearing interest at the rate of not
|
| 22 | | to exceed the maximum rate authorized
|
| 23 | | by the Bond Authorization Act, as amended
|
| 24 | | at the time of the making of the contract?
|
| 25 | | ------------------------------------------------------------- |
| 26 | | Whenever the board desires to issue bonds as herein |
|
| | HB5736 | - 104 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | authorized, it shall adopt a resolution designating the |
| 2 | | purpose for which the proceeds of the bonds are to be expended |
| 3 | | and fixing the amount of the bonds proposed to be issued, the |
| 4 | | maturity thereof, and optional provisions, if any, the rate of |
| 5 | | interest thereon, and the amount of taxes to be levied |
| 6 | | annually for the purpose of paying the interest upon and the |
| 7 | | principal of such bonds. |
| 8 | | Said bonds shall be issued in the corporate name of the |
| 9 | | school district. They shall be signed by the president and |
| 10 | | secretary of said board and countersigned by the mayor and the |
| 11 | | comptroller (or city clerk if there be no comptroller) of the |
| 12 | | city. They shall be sold by the city comptroller (or city clerk |
| 13 | | if there be no comptroller) upon such terms as may be approved |
| 14 | | by the board after advertisement for bids as ordered by and |
| 15 | | under the direction of the board, and the proceeds thereof |
| 16 | | shall be received by the city treasurer, as school treasurer, |
| 17 | | and expended by the board for the purposes provided in the bond |
| 18 | | resolution. |
| 19 | | Before or at the time of issuing any bonds herein |
| 20 | | authorized, the city council of such city, upon the demand and |
| 21 | | under the direction of the board shall, by ordinance, provide |
| 22 | | for the levy and collection of a direct annual tax upon all the |
| 23 | | taxable property of such school district sufficient to pay and |
| 24 | | discharge the principal thereof at maturity and to pay the |
| 25 | | interest thereon as it falls due. Such tax shall be levied and |
| 26 | | collected in like manner with the other taxes of such school |
|
| | HB5736 | - 105 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | district and shall be in addition to an exclusive of the |
| 2 | | maximum of all other taxes which such board or such city |
| 3 | | council is now, or may hereafter be, authorized by law to levy |
| 4 | | for any and all school purposes. Upon the filing in the office |
| 5 | | of the county clerk of the county wherein such school district |
| 6 | | is located of a duly certified copy of any such ordinance, it |
| 7 | | shall be the duty of such county clerk to extend the tax |
| 8 | | therein provided for, including an amount to cover loss and |
| 9 | | cost of collecting said taxes and also deferred collections |
| 10 | | thereof and abatements in the amounts of such taxes as |
| 11 | | extended upon the collector's books. |
| 12 | | With respect to instruments for the payment of money |
| 13 | | issued under this Section either before, on, or after the |
| 14 | | effective date of this amendatory Act of 1989, it is and always |
| 15 | | has been the intention of the General Assembly (i) that the |
| 16 | | Omnibus Bond Acts are and always have been supplementary |
| 17 | | grants of power to issue instruments in accordance with the |
| 18 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 19 | | that may appear to be or to have been more restrictive than |
| 20 | | those Acts, (ii) that the provisions of this Section are not a |
| 21 | | limitation on the supplementary authority granted by the |
| 22 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 23 | | this Section within the supplementary authority granted by the |
| 24 | | Omnibus Bond Acts are not invalid because of any provision of |
| 25 | | this Act that may appear to be or to have been more restrictive |
| 26 | | than those Acts. |
|
| | HB5736 | - 106 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | (Source: P.A. 86-4.) |
| 2 | | (105 ILCS 5/34-22.3) (from Ch. 122, par. 34-22.3) |
| 3 | | Sec. 34-22.3. Issuance of bonds. For the purpose of |
| 4 | | erecting, purchasing, or otherwise acquiring buildings |
| 5 | | suitable for school houses, erecting temporary school |
| 6 | | structures, erecting additions to, repairing, rehabilitating |
| 7 | | and replacing existing school buildings and temporary school |
| 8 | | structures, and furnishing and equipping school buildings and |
| 9 | | temporary school structures, and purchasing or otherwise |
| 10 | | acquiring and improving sites for such purposes, the board, |
| 11 | | with the consent of the city council expressed by ordinance, |
| 12 | | may incur an indebtedness and issue bonds therefor in an |
| 13 | | amount or amounts not to exceed in the aggregate $50,000,000 |
| 14 | | in addition to the bonds authorized under Sections 34-22.1 and |
| 15 | | 34-22.2. The bonds shall bear interest at the rate of not more |
| 16 | | than the maximum rate authorized by the Bond Authorization |
| 17 | | Act, as amended at the time of the making of the contract, and |
| 18 | | shall mature within not to exceed 20 years from their date, and |
| 19 | | may be made callable on any interest payment date at par and |
| 20 | | accrued interest, after notice has been given, at the time and |
| 21 | | in the manner provided in the bond resolution. |
| 22 | | These bonds shall not be issued until the question of |
| 23 | | authorizing such bonds has been submitted to the electors of |
| 24 | | the city constituting said school district at a general |
| 25 | | regular scheduled election and approved by a majority of the |
|
| | HB5736 | - 107 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | electors voting upon that question. |
| 2 | | The board shall adopt a resolution providing for |
| 3 | | submitting said question at such an election and shall certify |
| 4 | | the resolution and the proposition to the proper election |
| 5 | | authorities for submission to the electors in accordance with |
| 6 | | the general election law. In addition to the requirements of |
| 7 | | the general election law the notice of the referendum shall |
| 8 | | contain the amount of the bond issue, maximum rate of interest |
| 9 | | and purpose for which issued. |
| 10 | | The proposition shall be in substantially the following |
| 11 | | form: |
| 12 | | --------------------------------------------------------
|
| 13 | | Shall bonds in the amount of
|
| 14 | | $...... be issued by the board of
|
| 15 | | education of the City of.... for
|
| 16 | | the purpose of erecting, purchasing,
|
| 17 | | or otherwise acquiring buildings YES
|
| 18 | | suitable for school houses, erecting
|
| 19 | | temporary school structures,
|
| 20 | | erecting additions to, repairing,
|
| 21 | | rehabilitating and replacing existing -------------------
|
| 22 | | school buildings and temporary
|
| 23 | | school structures, and furnishing and
|
| 24 | | equipping school buildings and
|
| 25 | | temporary school structures, and NO
|
| 26 | | purchasing or otherwise acquiring and
|
|
| | HB5736 | - 108 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | improving sites for such purposes,
|
| 2 | | bearing interest at the rate of not
|
| 3 | | to exceed the maximum rate authorized
|
| 4 | | by the Bond Authorization Act, as amended
|
| 5 | | at the time of the making of the contract?
|
| 6 | | ------------------------------------------------------------- |
| 7 | | Whenever the board desires to issue bonds as herein |
| 8 | | authorized, it shall adopt a resolution designating the |
| 9 | | purpose for which the proceeds of the bonds are to be expended |
| 10 | | and fixing the amount of the bonds proposed to be issued, the |
| 11 | | maturity thereof, and optional provisions, if any, the rate of |
| 12 | | interest thereon, and the amount of taxes to be levied |
| 13 | | annually for the purpose of paying the interest upon and the |
| 14 | | principal of such bonds. |
| 15 | | Said bonds shall be issued in the corporate name of the |
| 16 | | school district. They shall be signed by the president and |
| 17 | | secretary of said board and countersigned by the mayor and the |
| 18 | | comptroller (or city clerk if there be no comptroller) of the |
| 19 | | city. They shall be sold by the city comptroller (or city clerk |
| 20 | | if there be no comptroller) upon such terms as may be approved |
| 21 | | by the board after advertisement for bids as ordered by and |
| 22 | | under the direction of the board, and the proceeds thereof |
| 23 | | shall be received by the city treasurer, as school treasurer, |
| 24 | | and expended by the board for the purposes provided in the bond |
| 25 | | resolution. |
| 26 | | Before or at the time of issuing any bonds herein |
|
| | HB5736 | - 109 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | authorized, the city council of such city, upon the demand and |
| 2 | | under the direction of the board shall, by ordinance, provide |
| 3 | | for the levy and collection of a direct annual tax upon all the |
| 4 | | taxable property of such school district sufficient to pay and |
| 5 | | discharge the principal thereof at maturity and to pay the |
| 6 | | interest thereon as it falls due. Such tax shall be levied and |
| 7 | | collected in like manner with the other taxes of such school |
| 8 | | district and shall be in addition to and exclusive of the |
| 9 | | maximum of all other taxes which such board or such city |
| 10 | | council is now, or may hereafter be, authorized by law to levy |
| 11 | | for any and all school purposes. Upon the filing in the office |
| 12 | | of the county clerk of the county wherein such school district |
| 13 | | is located of a duly certified copy of any such ordinance, it |
| 14 | | shall be the duty of such county clerk to extend the tax |
| 15 | | therein provided for, including an amount to cover loss and |
| 16 | | cost of collecting said taxes and also deferred collections |
| 17 | | thereof and abatements in the amounts of such taxes as |
| 18 | | extended upon the collector's books. |
| 19 | | With respect to instruments for the payment of money |
| 20 | | issued under this Section either before, on, or after the |
| 21 | | effective date of this amendatory Act of 1989, it is and always |
| 22 | | has been the intention of the General Assembly (i) that the |
| 23 | | Omnibus Bond Acts are and always have been supplementary |
| 24 | | grants of power to issue instruments in accordance with the |
| 25 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 26 | | that may appear to be or to have been more restrictive than |
|
| | HB5736 | - 110 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | those Acts, (ii) that the provisions of this Section are not a |
| 2 | | limitation on the supplementary authority granted by the |
| 3 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 4 | | this Section within the supplementary authority granted by the |
| 5 | | Omnibus Bond Acts are not invalid because of any provision of |
| 6 | | this Act that may appear to be or to have been more restrictive |
| 7 | | than those Acts. |
| 8 | | (Source: P.A. 86-4.) |
| 9 | | (105 ILCS 5/34-22.4) (from Ch. 122, par. 34-22.4) |
| 10 | | Sec. 34-22.4. Issuance of bonds. For the purpose of |
| 11 | | erecting, purchasing, or otherwise acquiring buildings |
| 12 | | suitable for school houses, erecting temporary school |
| 13 | | structures, erecting additions to, repairing, rehabilitating, |
| 14 | | modernizing and replacing existing school buildings and |
| 15 | | temporary school structures, and furnishing and equipping |
| 16 | | school buildings and temporary school structures, and |
| 17 | | purchasing or otherwise acquiring and improving sites for such |
| 18 | | purposes, the board, with the consent of the city council |
| 19 | | expressed by ordinance, may incur an indebtedness and issue |
| 20 | | bonds therefor in an amount or amounts not to exceed in the |
| 21 | | aggregate $50,000,000 in addition to the bonds authorized |
| 22 | | under Sections 34-22.1, 34-22.2, and 34-22.3. The bonds shall |
| 23 | | bear interest at the rate of not more than the maximum rate |
| 24 | | authorized by the Bond Authorization Act, as amended at the |
| 25 | | time of the making of the contract, and shall mature within not |
|
| | HB5736 | - 111 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | to exceed 20 years from their date, and may be made callable on |
| 2 | | any interest payment date at par and accrued interest, after |
| 3 | | notice has been given, at the time and in the manner provided |
| 4 | | in the bond resolution. |
| 5 | | These bonds shall not be issued until the question of |
| 6 | | authorizing such bonds has been submitted to the electors of |
| 7 | | the city constituting said school district at a general |
| 8 | | regular scheduled election and approved by a majority of the |
| 9 | | electors voting upon that question. |
| 10 | | The board shall adopt a resolution providing for |
| 11 | | submitting said question at such an election and shall certify |
| 12 | | the resolution and the proposition to the proper election |
| 13 | | authorities for submission in accordance with the general |
| 14 | | election law. In addition to the requirements of the general |
| 15 | | election law the notice of the referendum shall contain the |
| 16 | | amount of the bond issue, maximum rate of interest and purpose |
| 17 | | for which issued. |
| 18 | | The proposition shall be in substantially the following |
| 19 | | form: |
| 20 | | --------------------------------------------------------
|
| 21 | | Shall bonds in the amount of
|
| 22 | | $...... be issued by the board of
|
| 23 | | education of the City of .... for
|
| 24 | | the purpose of erecting, purchasing,
|
| 25 | | or otherwise acquiring buildings YES
|
| 26 | | suitable for school houses, erecting
|
|
| | HB5736 | - 112 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | temporary school structures,
|
| 2 | | erecting additions to, repairing,
|
| 3 | | rehabilitating, modernizing and ------------------
|
| 4 | | replacing existing school buildings
|
| 5 | | and temporary school structures,
|
| 6 | | and furnishing and equipping school
|
| 7 | | buildings and temporary school NO
|
| 8 | | structures, and purchasing or otherwise
|
| 9 | | acquiring and improving sites for
|
| 10 | | such purposes, bearing interest at the
|
| 11 | | rate of not to exceed the maximum rate
|
| 12 | | authorized by the Bond Authorization Act,
|
| 13 | | as amended at the time of the making of
|
| 14 | | the contract?
|
| 15 | | ------------------------------------------------------------- |
| 16 | | Whenever the board desires to issue bonds as herein |
| 17 | | authorized, it shall adopt a resolution designating the |
| 18 | | purpose for which the proceeds of the bonds are to be expended |
| 19 | | and fixing the amount of the bonds proposed to be issued, the |
| 20 | | maturity thereof, and optional provisions, if any, the rate of |
| 21 | | interest thereon, and the amount of taxes to be levied |
| 22 | | annually for the purpose of paying the interest upon and the |
| 23 | | principal of such bonds. |
| 24 | | Said bonds shall be issued in the corporate name of the |
| 25 | | school district. They shall be signed by the president and |
| 26 | | secretary of said board and countersigned by the mayor and the |
|
| | HB5736 | - 113 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | comptroller (or city clerk if there be no comptroller) of the |
| 2 | | city. They shall be sold by the city comptroller (or city clerk |
| 3 | | if there be no comptroller) upon such terms as may be approved |
| 4 | | by the board after advertisement for bids as ordered by and |
| 5 | | under the direction of the board, and the proceeds thereof |
| 6 | | shall be received by the city treasurer, as school treasurer, |
| 7 | | and expended by the board for the purposes provided in the bond |
| 8 | | resolution. |
| 9 | | Before or at the time of issuing any bonds herein |
| 10 | | authorized, the city council of such city, upon the demand and |
| 11 | | under the direction of the board shall, by ordinance, provide |
| 12 | | for the levy and collection of a direct annual tax upon all the |
| 13 | | taxable property of such school district sufficient to pay and |
| 14 | | discharge the principal thereof at maturity and to pay the |
| 15 | | interest thereon as it falls due. Such tax shall be levied and |
| 16 | | collected in like manner with the other taxes of such school |
| 17 | | district and shall be in addition to and exclusive of the |
| 18 | | maximum of all other taxes which such board of such city |
| 19 | | council is now, or may hereafter be, authorized by law to levy |
| 20 | | for any and all school purposes. Upon the filing in the office |
| 21 | | of the county clerk of the county wherein such school district |
| 22 | | is located of a duly certified copy of any such ordinance, it |
| 23 | | shall be the duty of such county clerk to extend the tax |
| 24 | | therein provided for, including an amount to cover loss and |
| 25 | | cost of collecting said taxes and also deferred collections |
| 26 | | thereof and abatements in the amounts of such taxes as |
|
| | HB5736 | - 114 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | extended upon the collector's books. The ordinance shall be in |
| 2 | | force upon its passage. |
| 3 | | With respect to instruments for the payment of money |
| 4 | | issued under this Section either before, on, or after the |
| 5 | | effective date of this amendatory Act of 1989, it is and always |
| 6 | | has been the intention of the General Assembly (i) that the |
| 7 | | Omnibus Bond Acts are and always have been supplementary |
| 8 | | grants of power to issue instruments in accordance with the |
| 9 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 10 | | that may appear to be or to have been more restrictive than |
| 11 | | those Acts, (ii) that the provisions of this Section are not a |
| 12 | | limitation on the supplementary authority granted by the |
| 13 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 14 | | this Section within the supplementary authority granted by the |
| 15 | | Omnibus Bond Acts are not invalid because of any provision of |
| 16 | | this Act that may appear to be or to have been more restrictive |
| 17 | | than those Acts. |
| 18 | | (Source: P.A. 86-4.) |
| 19 | | (105 ILCS 5/34-22.5) (from Ch. 122, par. 34-22.5) |
| 20 | | Sec. 34-22.5. Issuance of bonds. For the purpose of |
| 21 | | erecting, purchasing, or otherwise acquiring buildings |
| 22 | | suitable for school houses, erecting temporary school |
| 23 | | structures, erecting additions to, repairing, rehabilitating, |
| 24 | | modernizing and replacing existing school buildings and |
| 25 | | temporary school structures, and furnishing and equipping |
|
| | HB5736 | - 115 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | school buildings and temporary school structures, and |
| 2 | | purchasing or otherwise acquiring and improving sites for such |
| 3 | | purposes, the board, with the consent of the city council |
| 4 | | expressed by ordinance, may incur an indebtedness and issue |
| 5 | | bonds therefor in an amount or amounts not to exceed in the |
| 6 | | aggregate Twenty-five Million Dollars ($25,000,000) in |
| 7 | | addition to the bonds authorized under Sections 34-22.1, |
| 8 | | 34-22.2, 34-22.3, and 34-22.4. The bonds shall bear interest |
| 9 | | at the rate of not more than the maximum rate authorized by the |
| 10 | | Bond Authorization Act, as amended at the time of the making of |
| 11 | | the contract, and shall mature within not to exceed twenty |
| 12 | | years from their date, and may be made callable on any interest |
| 13 | | payment date at par and accrued interest, after notice has |
| 14 | | been given, at the time and in the manner provided in the bond |
| 15 | | resolution. |
| 16 | | These bonds shall not be issued until the question of |
| 17 | | authorizing such bonds has been submitted to the electors of |
| 18 | | the city constituting said school district at a general |
| 19 | | regular scheduled election and approved by a majority of the |
| 20 | | electors voting upon that question. |
| 21 | | The board shall adopt a resolution providing for |
| 22 | | submitting said proposition at such an election and certify |
| 23 | | the resolution and the proposition to the proper election |
| 24 | | authorities for submission in accordance with the general |
| 25 | | election law. In addition to the requirements of the general |
| 26 | | election law the notice of the referendum shall contain the |
|
| | HB5736 | - 116 - | LRB104 21333 TRT 36173 b |
|
|
| 1 | | amount of the bond issue, maximum rate of interest and purpose |
| 2 | | for which issued. |
| 3 | | The proposition shall be in substantially the following |
| 4 | | form: |
| 5 | | --------------------------------------------------------
|
| 6 | | Shall bonds in the amount of
|
| 7 | | $...... be issued by the board of
|
| 8 | | education of the City of.... for
|
| 9 | | the purpose of erecting, purchasing,
|
| 10 | | or otherwise acquiring buildings YES
|
| 11 | | suitable for school houses, erecting
|
| 12 | | temporary school structures,
|
| 13 | | erecting additions to, repairing,
|
| 14 | | rehabilitating, modernizing and -----------------
|
| 15 | | replacing existing school buildings
|
| 16 | | and temporary school structures,
|
| 17 | | and furnishing and equipping school
|
| 18 | | buildings and temporary school NO
|
| 19 | | structures, and purchasing or otherwise
|
| 20 | | acquiring and improving sites for such
|
| 21 | | purposes, bearing interest at the
|
| 22 | | rate of not to exceed the maximum rate
|
| 23 | | authorized by the Bond Authorization Act,
|
| 24 | | as amended at the time of the making of
|
| 25 | | the contract?
|
| 26 | | ------------------------------------------------------------- |
|
| | HB5736 | - 117 - | LRB104 21333 TRT 36173 b |
|
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| 1 | | Whenever the board desires to issue bonds as herein |
| 2 | | authorized, it shall adopt a resolution designating the |
| 3 | | purpose for which the proceeds of the bonds are to be expended |
| 4 | | and fixing the amount of the bonds proposed to be issued, the |
| 5 | | maturity thereof, and optional provisions, if any, the rate of |
| 6 | | interest thereon, and the amount of taxes to be levied |
| 7 | | annually for the purpose of paying the interest upon and the |
| 8 | | principal of such bonds. |
| 9 | | Said bonds shall be issued in the corporate name of the |
| 10 | | school district. They shall be signed by the president and |
| 11 | | secretary of said board and countersigned by the mayor and the |
| 12 | | comptroller (or city clerk if there be no comptroller) of the |
| 13 | | city. They shall be sold by the city comptroller (or city clerk |
| 14 | | if there be no comptroller) upon such terms as may be approved |
| 15 | | by the board after advertisement for bids as ordered by and |
| 16 | | under the direction of the board, and the proceeds thereof |
| 17 | | shall be received by the city treasurer, as school treasurer, |
| 18 | | and expended by the board for the purposes provided in the bond |
| 19 | | resolution. |
| 20 | | Before or at the time of issuing any bonds herein |
| 21 | | authorized, the city council of such city, upon the demand and |
| 22 | | under the direction of the board shall, by ordinance, provide |
| 23 | | for the levy and collection of a direct annual tax upon all the |
| 24 | | taxable property of such school district sufficient to pay and |
| 25 | | discharge the principal thereof at maturity and to pay the |
| 26 | | interest thereon as it falls due. Such tax shall be levied and |
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| 1 | | collected in like manner with the other taxes of such school |
| 2 | | district and shall be in addition to and exclusive of the |
| 3 | | maximum of all other taxes which such board or such city |
| 4 | | council is now, or may hereafter be, authorized by law to levy |
| 5 | | for any and all school purposes. Upon the filing in the office |
| 6 | | of the county clerk of the county wherein such school district |
| 7 | | is located of a duly certified copy of any such ordinance, it |
| 8 | | shall be the duty of such county clerk to extend the tax |
| 9 | | therein provided for, including an amount to cover loss and |
| 10 | | cost of collecting said taxes and also deferred collections |
| 11 | | thereof and abatements in the amounts of such taxes as |
| 12 | | extended upon the collector's books. The ordinance shall be in |
| 13 | | force upon its passage. |
| 14 | | With respect to instruments for the payment of money |
| 15 | | issued under this Section either before, on, or after the |
| 16 | | effective date of this amendatory Act of 1989, it is and always |
| 17 | | has been the intention of the General Assembly (i) that the |
| 18 | | Omnibus Bond Acts are and always have been supplementary |
| 19 | | grants of power to issue instruments in accordance with the |
| 20 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 21 | | that may appear to be or to have been more restrictive than |
| 22 | | those Acts, (ii) that the provisions of this Section are not a |
| 23 | | limitation on the supplementary authority granted by the |
| 24 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 25 | | this Section within the supplementary authority granted by the |
| 26 | | Omnibus Bond Acts are not invalid because of any provision of |
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| 1 | | this Act that may appear to be or to have been more restrictive |
| 2 | | than those Acts. |
| 3 | | (Source: P.A. 86-4.) |
| 4 | | Section 30. The Public Community College Act is amended by |
| 5 | | changing Section 3A-1 as follows: |
| 6 | | (110 ILCS 805/3A-1) (from Ch. 122, par. 103A-1) |
| 7 | | Sec. 3A-1. Any community college district may borrow money |
| 8 | | for the purpose of building, equipping, altering or repairing |
| 9 | | community college buildings or purchasing or improving |
| 10 | | community college sites, or acquiring and equipping recreation |
| 11 | | grounds, athletic fields, and other buildings or land used or |
| 12 | | useful for community college purposes or for the purpose of |
| 13 | | purchasing a site, with or without a building or buildings |
| 14 | | thereon, or for the building of a house or houses on such site, |
| 15 | | or for the building of a house or houses on the site of the |
| 16 | | community college district, for residential purposes of the |
| 17 | | administrators or faculty of the community college district, |
| 18 | | and issue its negotiable coupon bonds therefor signed by the |
| 19 | | chairman and secretary of the board, in denominations of not |
| 20 | | less than $100 nor more than $5,000, payable at such place and |
| 21 | | at such time or times, not exceeding 20 years from date of |
| 22 | | issuance, as the board may prescribe, and bearing interest at |
| 23 | | a rate not to exceed the maximum rate authorized by the Bond |
| 24 | | Authorization Act, as amended at the time of the making of the |
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| 1 | | contract, payable annually, semiannually or quarterly, but no |
| 2 | | such bonds shall be issued unless the proposition to issue |
| 3 | | them is submitted to the voters of the community college |
| 4 | | district at a general regular scheduled election in such |
| 5 | | district and the board shall certify the proposition to the |
| 6 | | proper election authorities for submission in accordance with |
| 7 | | the general election law and a majority of all the votes cast |
| 8 | | on the proposition is in favor of the proposition, nor shall |
| 9 | | any residential site be acquired unless such proposition to |
| 10 | | acquire a site is submitted to the voters of the district at a |
| 11 | | general regular scheduled election and the board shall certify |
| 12 | | the proposition to the proper election authorities for |
| 13 | | submission to the electors in accordance with the general |
| 14 | | election law and a majority of all the votes cast on the |
| 15 | | proposition is in favor of the proposition. Nothing in this |
| 16 | | Act shall be construed as to require the listing of maturity |
| 17 | | dates of any bonds either in the notice of bond election or |
| 18 | | ballot used in the bond election. |
| 19 | | Bonds issued in accordance with this Section for Elgin |
| 20 | | Community College District No. 509 may be payable at such time |
| 21 | | or times, not exceeding 25 years from date of issuance, as the |
| 22 | | board may prescribe, if the following conditions are met: |
| 23 | | (i) The voters of the district approve a proposition |
| 24 | | for the bond issuance at an election held in 2009. |
| 25 | | (ii) Prior to the issuance of the bonds, the board |
| 26 | | determines, by resolution, that the projects built, |
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| 1 | | acquired, altered, renovated, repaired, purchased, |
| 2 | | improved, installed, or equipped with the proceeds of the |
| 3 | | bonds are required as a result of a projected increase in |
| 4 | | the enrollment of students in the district, to meet demand |
| 5 | | in the fields of health care or public safety, to meet |
| 6 | | accreditation standards, or to maintain campus safety and |
| 7 | | security. |
| 8 | | (iii) The bonds are issued, in one or more bond |
| 9 | | issuances, on or before April 7, 2014. |
| 10 | | (iv) The proceeds of the bonds are used to accomplish |
| 11 | | only those purposes approved by the voters at an election |
| 12 | | held in 2009. |
| 13 | | Bonds issued in accordance with this Section for |
| 14 | | Kishwaukee Community College District No. 523 may be payable |
| 15 | | at such time or times, not exceeding 25 years from date of |
| 16 | | issuance, as the board may prescribe, if the following |
| 17 | | conditions are met: |
| 18 | | (i) The voters of the district approve a |
| 19 | | proposition for the bond issuance at an election held |
| 20 | | in 2010 or 2011. |
| 21 | | (ii) Prior to the issuance of the bonds, the board |
| 22 | | determines, by resolution, that the projects built, |
| 23 | | acquired, altered, renovated, repaired, purchased, |
| 24 | | improved, installed, or equipped with the proceeds of |
| 25 | | the bonds are required as a result of a projected |
| 26 | | increase in the enrollment of students in the |
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| 1 | | district, to meet demand in the fields of health care |
| 2 | | or public safety, to meet accreditation standards, or |
| 3 | | to maintain campus safety and security. |
| 4 | | (iii) The bonds are issued, in one or more bond |
| 5 | | issuances, on or before November 2, 2015. |
| 6 | | (iv) The proceeds of the bonds are used to |
| 7 | | accomplish only those purposes approved by the voters |
| 8 | | at an election held in 2010 or 2011. |
| 9 | | With respect to instruments for the payment of money |
| 10 | | issued under this Section either before, on, or after the |
| 11 | | effective date of this amendatory Act of 1989, it is and always |
| 12 | | has been the intention of the General Assembly (i) that the |
| 13 | | Omnibus Bond Acts are and always have been supplementary |
| 14 | | grants of power to issue instruments in accordance with the |
| 15 | | Omnibus Bond Acts, regardless of any provision of this Act |
| 16 | | that may appear to be or to have been more restrictive than |
| 17 | | those Acts, (ii) that the provisions of this Section are not a |
| 18 | | limitation on the supplementary authority granted by the |
| 19 | | Omnibus Bond Acts, and (iii) that instruments issued under |
| 20 | | this Section within the supplementary authority granted by the |
| 21 | | Omnibus Bond Acts are not invalid because of any provision of |
| 22 | | this Act that may appear to be or to have been more restrictive |
| 23 | | than those Acts. |
| 24 | | (Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10; |
| 25 | | 97-813, eff. 7-13-12.) |