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Public Act 100-0531 |
SB1290 Enrolled | LRB100 09653 MLM 19822 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Section 11-74.4-7 as follows:
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(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
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Sec. 11-74.4-7. Obligations secured by the special tax |
allocation fund
set forth in Section 11-74.4-8 for the |
redevelopment project area may be
issued to provide for |
redevelopment project costs. Such obligations, when
so issued, |
shall be retired in the manner provided in the ordinance
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authorizing the issuance of such obligations by the receipts of |
taxes
levied as specified in Section 11-74.4-9 against the |
taxable property
included in the area, by revenues as specified |
by Section 11-74.4-8a and
other revenue designated by the |
municipality. A municipality may in the
ordinance pledge all or |
any part of the funds in and to be deposited in the
special tax |
allocation fund created pursuant to Section 11-74.4-8 to the
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payment of the redevelopment project costs and obligations. Any |
pledge of
funds in the special tax allocation fund shall |
provide for distribution to
the taxing districts and to the |
Illinois Department of Revenue of moneys
not required, pledged, |
earmarked, or otherwise designated for payment and
securing of |
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the obligations and anticipated redevelopment project costs |
and
such excess funds shall be calculated annually and deemed |
to be "surplus"
funds. In the event a municipality only applies |
or pledges a portion of the
funds in the special tax allocation |
fund for the payment or securing of
anticipated redevelopment |
project costs or of obligations, any such funds
remaining in |
the special tax allocation fund after complying with the
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requirements of the application or pledge, shall also be |
calculated annually
and deemed "surplus" funds. All surplus |
funds in the special tax allocation
fund shall be distributed |
annually within 180 days after the close of the
municipality's |
fiscal year by being paid by the
municipal treasurer to the |
County Collector, to the Department of Revenue
and to the |
municipality in direct proportion to the tax incremental |
revenue
received as a result of an increase in the equalized |
assessed value of
property in the redevelopment project area, |
tax incremental revenue
received from the State and tax |
incremental revenue received from the
municipality, but not to |
exceed as to each such source the total
incremental revenue |
received from that source. The County Collector shall
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thereafter make distribution to the respective taxing |
districts in the same
manner and proportion as the most recent |
distribution by the county
collector to the affected districts |
of real property taxes from real
property in the redevelopment |
project area.
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Without limiting the foregoing in this Section, the |
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municipality may in
addition to obligations secured by the |
special tax allocation fund pledge
for a period not greater |
than the term of the obligations towards payment
of such |
obligations any part or any combination of the following: (a) |
net
revenues of all or part of any redevelopment project; (b) |
taxes levied and
collected on any or all property in the |
municipality; (c) the full faith
and credit of the |
municipality; (d) a mortgage on part or all of the
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redevelopment project; (d-5) repayment of bonds issued |
pursuant to subsection (p-130) of Section 19-1 of the School |
Code; or (e) any other taxes or anticipated receipts that
the |
municipality may lawfully pledge.
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Such obligations may be issued in one or more series |
bearing interest at
such rate or rates as the corporate |
authorities of the municipality shall
determine by ordinance. |
Such obligations shall bear such date or dates,
mature at such |
time or times not exceeding 20 years from their respective
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dates, be in such denomination, carry such registration |
privileges, be executed
in such manner, be payable in such |
medium of payment at such place or places,
contain such |
covenants, terms and conditions, and be subject to redemption
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as such ordinance shall provide. Obligations issued pursuant to |
this Act
may be sold at public or private sale at such price as |
shall be determined
by the corporate authorities of the |
municipalities. No referendum approval
of the electors shall be |
required as a condition to the issuance of obligations
pursuant |
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to this Division except as provided in this Section.
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In the event the municipality authorizes issuance of |
obligations pursuant
to the authority of this Division secured |
by the full faith and credit of
the municipality, which |
obligations are other than obligations which may
be issued |
under home rule powers provided by Article VII, Section 6 of |
the
Illinois Constitution, or pledges taxes pursuant to (b) or |
(c) of the second
paragraph of this section, the ordinance |
authorizing the issuance of such
obligations or pledging such |
taxes shall be published within 10 days after
such ordinance |
has been passed in one or more newspapers, with general
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circulation within such municipality. The publication of the |
ordinance
shall be accompanied by a notice of (1) the specific |
number of voters
required to sign a petition requesting the |
question of the issuance of such
obligations or pledging taxes |
to be submitted to the electors; (2) the time
in which such |
petition must be filed; and (3) the date of the prospective
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referendum. The municipal clerk shall provide a petition form |
to any
individual requesting one.
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If no petition is filed with the municipal clerk, as |
hereinafter provided
in this Section, within 30 days after the |
publication of the ordinance,
the ordinance shall be in effect. |
But, if within that 30 day period a petition
is filed with the |
municipal clerk, signed by electors in the
municipality |
numbering 10% or more of the number of registered voters in the
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municipality, asking that the question of issuing
obligations |
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using full faith and credit of the municipality as security
for |
the cost of paying for redevelopment project costs, or of |
pledging taxes
for the payment of such obligations, or both, be |
submitted to the electors
of the municipality, the corporate |
authorities of the municipality shall
call a special election |
in the manner provided by law to vote upon that
question, or, |
if a general, State or municipal election is to be held within
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a period of not less than 30 or more than 90 days from the date |
such petition
is filed, shall submit the question at the next |
general, State or municipal
election. If it appears upon the |
canvass of the election by the corporate
authorities that a |
majority of electors voting upon the question voted in
favor |
thereof, the ordinance shall be in effect, but if a majority of |
the
electors voting upon the question are not in favor thereof, |
the ordinance
shall not take effect.
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The ordinance authorizing the obligations may provide that |
the obligations
shall contain a recital that they are issued |
pursuant to this Division,
which recital shall be conclusive |
evidence of their validity and of the
regularity of their |
issuance.
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In the event the municipality authorizes issuance of |
obligations pursuant
to this Section secured by the full faith |
and credit of the municipality,
the ordinance authorizing the |
obligations may provide for the levy and
collection of a direct |
annual tax upon all taxable property within the
municipality |
sufficient to pay the principal thereof and interest thereon
as |
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it matures, which levy may be in addition to and exclusive of |
the
maximum of all other taxes authorized to be levied by the |
municipality,
which levy, however, shall be abated to the |
extent that monies from other
sources are available for payment |
of the obligations and the municipality
certifies the amount of |
said monies available to the county clerk.
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A certified copy of such ordinance shall be filed with the |
county clerk
of each county in which any portion of the |
municipality is situated, and
shall constitute the authority |
for the extension and collection of the taxes
to be deposited |
in the special tax allocation fund.
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A municipality may also issue its obligations to refund in |
whole or in
part, obligations theretofore issued by such |
municipality under the authority
of this Act, whether at or |
prior to maturity, provided however, that the
last maturity of |
the refunding obligations may not be later than the dates set |
forth under Section 11-74.4-3.5.
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In the event a municipality issues obligations under home |
rule powers or
other legislative authority the proceeds of |
which are pledged to pay
for redevelopment project costs, the |
municipality may, if it has followed
the procedures in |
conformance with this division, retire said obligations
from |
funds in the special tax allocation fund in amounts and in such |
manner
as if such obligations had been issued pursuant to the |
provisions of this
division.
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All obligations heretofore or hereafter issued pursuant to |
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this Act shall
not be regarded as indebtedness of the |
municipality issuing such obligations
or any other taxing |
district for the purpose of any limitation imposed by law.
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(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331, |
eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07; |
95-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff. |
10-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932, |
eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08; |
95-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the |
effective date of changes made by P.A. 95-1028); 96-328, eff. |
8-11-09; 96-1000, eff. 7-2-10.) |
Section 10. The School Code is amended by changing Sections |
19-1 and 19-11 as follows:
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(105 ILCS 5/19-1)
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Sec. 19-1. Debt limitations of school districts.
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(a) School districts shall not be subject to the provisions |
limiting their
indebtedness prescribed in the Local Government |
Debt Limitation Act.
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No school districts maintaining grades K through 8 or 9 |
through 12
shall become indebted in any manner or for any |
purpose to an amount,
including existing indebtedness, in the |
aggregate exceeding 6.9% on the
value of the taxable property |
therein to be ascertained by the last assessment
for State and |
county taxes or, until January 1, 1983, if greater, the sum |
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that
is produced by multiplying the school district's 1978 |
equalized assessed
valuation by the debt limitation percentage |
in effect on January 1, 1979,
previous to the incurring of such |
indebtedness.
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No school districts maintaining grades K through 12 shall |
become
indebted in any manner or for any purpose to an amount, |
including
existing indebtedness, in the aggregate exceeding |
13.8% on the value of
the taxable property therein to be |
ascertained by the last assessment
for State and county taxes |
or, until January 1, 1983, if greater, the sum that
is produced |
by multiplying the school district's 1978 equalized assessed
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valuation by the debt limitation percentage in effect on |
January 1, 1979,
previous to the incurring of such |
indebtedness.
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No partial elementary unit district, as defined in Article |
11E of this Code, shall become indebted in any manner or for |
any purpose in an amount, including existing indebtedness, in |
the aggregate exceeding 6.9% of the value of the taxable |
property of the entire district, to be ascertained by the last |
assessment for State and county taxes, plus an amount, |
including existing indebtedness, in the aggregate exceeding |
6.9% of the value of the taxable property of that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes. Moreover, no partial elementary unit |
district, as defined in Article 11E of this Code, shall become |
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indebted on account of bonds issued by the district for high |
school purposes in the aggregate exceeding 6.9% of the value of |
the taxable property of the entire district, to be ascertained |
by the last assessment for State and county taxes, nor shall |
the district become indebted on account of bonds issued by the |
district for elementary purposes in the aggregate exceeding |
6.9% of the value of the taxable property for that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes.
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Notwithstanding the provisions of any other law to the |
contrary, in any
case in which the voters of a school district |
have approved a proposition
for the issuance of bonds of such |
school district at an election held prior
to January 1, 1979, |
and all of the bonds approved at such election have
not been |
issued, the debt limitation applicable to such school district
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during the calendar year 1979 shall be computed by multiplying |
the value
of taxable property therein, including personal |
property, as ascertained
by the last assessment for State and |
county taxes, previous to the incurring
of such indebtedness, |
by the percentage limitation applicable to such school
district |
under the provisions of this subsection (a).
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(b) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, additional indebtedness may be |
incurred in an amount
not to exceed the estimated cost of |
acquiring or improving school sites
or constructing and |
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equipping additional building facilities under the
following |
conditions:
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(1) Whenever the enrollment of students for the next |
school year is
estimated by the board of education to |
increase over the actual present
enrollment by not less |
than 35% or by not less than 200 students or the
actual |
present enrollment of students has increased over the |
previous
school year by not less than 35% or by not less |
than 200 students and
the board of education determines |
that additional school sites or
building facilities are |
required as a result of such increase in
enrollment; and
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(2) When the Regional Superintendent of Schools having |
jurisdiction
over the school district and the State |
Superintendent of Education
concur in such enrollment |
projection or increase and approve the need
for such |
additional school sites or building facilities and the
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estimated cost thereof; and
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(3) When the voters in the school district approve a |
proposition for
the issuance of bonds for the purpose of |
acquiring or improving such
needed school sites or |
constructing and equipping such needed additional
building |
facilities at an election called and held for that purpose.
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Notice of such an election shall state that the amount of |
indebtedness
proposed to be incurred would exceed the debt |
limitation otherwise
applicable to the school district. |
The ballot for such proposition
shall state what percentage |
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of the equalized assessed valuation will be
outstanding in |
bonds if the proposed issuance of bonds is approved by
the |
voters; or
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(4) Notwithstanding the provisions of paragraphs (1) |
through (3) of
this subsection (b), if the school board |
determines that additional
facilities are needed to |
provide a quality educational program and not
less than 2/3 |
of those voting in an election called by the school board
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on the question approve the issuance of bonds for the |
construction of
such facilities, the school district may |
issue bonds for this
purpose; or
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(5) Notwithstanding the provisions of paragraphs (1) |
through (3) of this
subsection (b), if (i) the school |
district has previously availed itself of the
provisions of |
paragraph (4) of this subsection (b) to enable it to issue |
bonds,
(ii) the voters of the school district have not |
defeated a proposition for the
issuance of bonds since the |
referendum described in paragraph (4) of this
subsection |
(b) was held, (iii) the school board determines that |
additional
facilities are needed to provide a quality |
educational program, and (iv) a
majority of those voting in |
an election called by the school board on the
question |
approve the issuance of bonds for the construction of such |
facilities,
the school district may issue bonds for this |
purpose.
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In no event shall the indebtedness incurred pursuant to |
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this
subsection (b) and the existing indebtedness of the school |
district
exceed 15% of the value of the taxable property |
therein to be
ascertained by the last assessment for State and |
county taxes, previous
to the incurring of such indebtedness |
or, until January 1, 1983, if greater,
the sum that is produced |
by multiplying the school district's 1978 equalized
assessed |
valuation by the debt limitation percentage in effect on |
January 1,
1979.
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The indebtedness provided for by this subsection (b) shall |
be in
addition to and in excess of any other debt limitation.
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(c) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, in any case in which a public |
question for the issuance
of bonds of a proposed school |
district maintaining grades kindergarten
through 12 received |
at least 60% of the valid ballots cast on the question at
an |
election held on or prior to November 8, 1994, and in which the |
bonds
approved at such election have not been issued, the |
school district pursuant to
the requirements of Section 11A-10 |
(now repealed) may issue the total amount of bonds approved
at |
such election for the purpose stated in the question.
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(d) Notwithstanding the debt limitation prescribed in |
subsection (a)
of this Section, a school district that meets |
all the criteria set forth in
paragraphs (1) and (2) of this |
subsection (d) may incur an additional
indebtedness in an |
amount not to exceed $4,500,000, even though the amount of
the |
additional indebtedness authorized by this subsection (d), |
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when incurred
and added to the aggregate amount of indebtedness |
of the district existing
immediately prior to the district |
incurring the additional indebtedness
authorized by this |
subsection (d), causes the aggregate indebtedness of the
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district to exceed the debt limitation otherwise applicable to |
that district
under subsection (a):
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(1) The additional indebtedness authorized by this |
subsection (d) is
incurred by the school district through |
the issuance of bonds under and in
accordance with Section |
17-2.11a for the purpose of replacing a school
building |
which, because of mine subsidence damage, has been closed |
as provided
in paragraph (2) of this subsection (d) or |
through the issuance of bonds under
and in accordance with |
Section 19-3 for the purpose of increasing the size of,
or |
providing for additional functions in, such replacement |
school buildings, or
both such purposes.
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(2) The bonds issued by the school district as provided |
in paragraph (1)
above are issued for the purposes of |
construction by the school district of
a new school |
building pursuant to Section 17-2.11, to replace an |
existing
school building that, because of mine subsidence |
damage, is closed as of the
end of the 1992-93 school year |
pursuant to action of the regional
superintendent of |
schools of the educational service region in which the
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district is located under Section 3-14.22 or are issued for |
the purpose of
increasing the size of, or providing for |
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additional functions in, the new
school building being |
constructed to replace a school building closed as the
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result of mine subsidence damage, or both such purposes.
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(e) (Blank).
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(f) Notwithstanding the provisions of subsection (a) of |
this Section or of
any other law, bonds in not to exceed the |
aggregate amount of $5,500,000 and
issued by a school district |
meeting the following criteria shall not be
considered |
indebtedness for purposes of any statutory limitation and may |
be
issued in an amount or amounts, including existing |
indebtedness, in excess of
any heretofore or hereafter imposed |
statutory limitation as to indebtedness:
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(1) At the time of the sale of such bonds, the board of |
education of the
district shall have determined by |
resolution that the enrollment of students in
the district |
is projected to increase by not less than 7% during each of |
the
next succeeding 2 school years.
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(2) The board of education shall also determine by |
resolution that the
improvements to be financed with the |
proceeds of the bonds are needed because
of the projected |
enrollment increases.
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(3) The board of education shall also determine by |
resolution that the
projected increases in enrollment are |
the result of improvements made or
expected to be made to |
passenger rail facilities located in the school
district.
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Notwithstanding the provisions of subsection (a) of this |
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Section or of any other law, a school district that has availed |
itself of the provisions of this subsection (f) prior to July |
22, 2004 (the effective date of Public Act 93-799) may also |
issue bonds approved by referendum up to an amount, including |
existing indebtedness, not exceeding 25% of the equalized |
assessed value of the taxable property in the district if all |
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met.
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(g) Notwithstanding the provisions of subsection (a) of |
this Section or any
other law, bonds in not to exceed an |
aggregate amount of 25% of the equalized
assessed value of the |
taxable property of a school district and issued by a
school |
district meeting the criteria in paragraphs (i) through (iv) of |
this
subsection shall not be considered indebtedness for |
purposes of any statutory
limitation and may be issued pursuant |
to resolution of the school board in an
amount or amounts, |
including existing indebtedness, in
excess of any statutory |
limitation of indebtedness heretofore or hereafter
imposed:
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(i) The bonds are issued for the purpose of |
constructing a new high school
building to replace two |
adjacent existing buildings which together house a
single |
high school, each of which is more than 65 years old, and |
which together
are located on more than 10 acres and less |
than 11 acres of property.
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(ii) At the time the resolution authorizing the |
issuance of the bonds is
adopted, the cost of constructing |
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a new school building to replace the existing
school |
building is less than 60% of the cost of repairing the |
existing school
building.
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(iii) The sale of the bonds occurs before July 1, 1997.
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(iv) The school district issuing the bonds is a unit |
school district
located in a county of less than 70,000 and |
more than 50,000 inhabitants,
which has an average daily |
attendance of less than 1,500 and an equalized
assessed |
valuation of less than $29,000,000.
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(h) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 1998, a |
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing |
indebtedness, not exceeding 27.6% of the equalized assessed
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value of the taxable property in the district, if all of the |
following
conditions are met:
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(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $24,000,000;
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(ii) The bonds are issued for the capital improvement, |
renovation,
rehabilitation, or replacement of existing |
school buildings of the district,
all of which buildings |
were originally constructed not less than 40 years ago;
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(iii) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
March 19, 1996; and
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(iv) The bonds are issued pursuant to Sections 19-2 |
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through 19-7 of this
Code.
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(i) Notwithstanding any other provisions of this Section or |
the provisions
of any other law, until January 1, 1998, a |
community unit school district
maintaining grades K through 12 |
may issue bonds up to an amount, including
existing |
indebtedness, not exceeding 27% of the equalized assessed value |
of the
taxable property in the district, if all of the |
following conditions are met:
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(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $44,600,000;
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(ii) The bonds are issued for the capital improvement, |
renovation,
rehabilitation, or replacement
of existing |
school buildings of the district, all of which
existing |
buildings were originally constructed not less than 80 |
years ago;
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(iii) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
December 31, 1996; and
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(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
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(j) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 1999, a |
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing |
indebtedness, not exceeding 27% of the equalized assessed
value |
of the taxable property in the district if all of the following
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conditions are met:
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(i) The school district has an equalized assessed |
valuation for calendar
year 1995 of less than $140,000,000 |
and a best 3 months
average daily
attendance for the |
1995-96 school year of at least 2,800;
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(ii) The bonds are issued to purchase a site and build |
and equip a new
high school, and the school district's |
existing high school was originally
constructed not less |
than 35
years prior to the sale of the bonds;
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(iii) At the time of the sale of the bonds, the board |
of education
determines
by resolution that a new high |
school is needed because of projected enrollment
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increases;
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(iv) At least 60% of those voting in an election held
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after December 31, 1996 approve a proposition
for the |
issuance of
the bonds; and
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(v) The bonds are issued pursuant to Sections 19-2 |
through
19-7 of this Code.
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(k) Notwithstanding the debt limitation prescribed in |
subsection (a) of
this Section, a school district that meets |
all the criteria set forth in
paragraphs (1) through (4) of |
this subsection (k) may issue bonds to incur an
additional |
indebtedness in an amount not to exceed $4,000,000 even though |
the
amount of the additional indebtedness authorized by this |
subsection (k), when
incurred and added to the aggregate amount |
of indebtedness of the school
district existing immediately |
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prior to the school district incurring such
additional |
indebtedness, causes the aggregate indebtedness of the school
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district to exceed or increases the amount by which the |
aggregate indebtedness
of the district already exceeds the debt |
limitation otherwise applicable to
that school district under |
subsection (a):
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(1) the school district is located in 2 counties, and a |
referendum to
authorize the additional indebtedness was |
approved by a majority of the voters
of the school district |
voting on the proposition to authorize that
indebtedness;
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(2) the additional indebtedness is for the purpose of |
financing a
multi-purpose room addition to the existing |
high school;
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(3) the additional indebtedness, together with the |
existing indebtedness
of the school district, shall not |
exceed 17.4% of the value of the taxable
property in the |
school district, to be ascertained by the last assessment |
for
State and county taxes; and
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(4) the bonds evidencing the additional indebtedness |
are issued, if at
all, within 120 days of August 14, 1998 |
(the effective date of Public Act 90-757).
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(l) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until January 1, 2000, a |
school district
maintaining grades kindergarten through 8 may |
issue bonds up to an amount,
including existing indebtedness, |
not exceeding 15% of the equalized assessed
value of the |
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taxable property in the district if all of the following
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conditions are met:
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(i) the district has an equalized assessed valuation |
for calendar year
1996 of less than $10,000,000;
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(ii) the bonds are issued for capital improvement, |
renovation,
rehabilitation, or replacement of one or more |
school buildings of the district,
which buildings were |
originally constructed not less than 70 years ago;
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(iii) the voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held on or |
after March 17, 1998; and
|
(iv) the bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(m) Notwithstanding any other provisions of this Section or |
the provisions
of
any other law, until January 1, 1999, an |
elementary school district maintaining
grades K through 8 may |
issue bonds up to an amount, excluding existing
indebtedness, |
not exceeding 18% of the equalized assessed value of the |
taxable
property in the district, if all of the following |
conditions are met:
|
(i) The school district has an equalized assessed |
valuation for calendar
year 1995 or less than $7,700,000;
|
(ii) The school district operates 2 elementary |
attendance centers that
until
1976 were operated as the |
attendance centers of 2 separate and distinct school
|
districts;
|
|
(iii) The bonds are issued for the construction of a |
new elementary school
building to replace an existing |
multi-level elementary school building of the
school |
district that is not accessible at all levels and parts of
|
which were constructed more than 75 years ago;
|
(iv) The voters of the school district approve a |
proposition for the
issuance of the bonds at a referendum |
held after July 1, 1998; and
|
(v) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
|
(n) Notwithstanding the debt limitation prescribed in |
subsection (a) of
this Section or any other provisions of this |
Section or of any other law, a
school district that meets all |
of the criteria set forth in paragraphs (i)
through (vi) of |
this subsection (n) may incur additional indebtedness by the
|
issuance of bonds in an amount not exceeding the amount |
certified by the
Capital Development Board to the school |
district as provided in paragraph (iii)
of
this subsection (n), |
even though the amount of the additional indebtedness so
|
authorized, when incurred and added to the aggregate amount of |
indebtedness of
the district existing immediately prior to the |
district incurring the
additional indebtedness authorized by |
this subsection (n), causes the aggregate
indebtedness of the |
district to exceed the debt limitation otherwise applicable
by |
law to that district:
|
(i) The school district applies to the State Board of |
|
Education for a
school construction project grant and |
submits a district facilities plan in
support
of its |
application pursuant to Section 5-20 of
the School |
Construction Law.
|
(ii) The school district's application and facilities |
plan are approved
by,
and the district receives a grant |
entitlement for a school construction project
issued by, |
the State Board of Education under the School Construction |
Law.
|
(iii) The school district has exhausted its bonding |
capacity or the unused
bonding capacity of the district is |
less than the amount certified by the
Capital Development |
Board to the district under Section 5-15 of the School
|
Construction Law as the dollar amount of the school |
construction project's cost
that the district will be |
required to finance with non-grant funds in order to
|
receive a school construction project grant under the |
School Construction Law.
|
(iv) The bonds are issued for a "school construction |
project", as that
term is defined in Section 5-5 of the |
School Construction Law, in an amount
that does not exceed |
the dollar amount certified, as provided in paragraph
(iii) |
of this subsection (n), by the Capital Development Board
to |
the school
district under Section 5-15 of the School |
Construction Law.
|
(v) The voters of the district approve a proposition |
|
for the issuance of
the bonds at a referendum held after |
the criteria specified in paragraphs (i)
and (iii) of this |
subsection (n) are met.
|
(vi) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of the
School Code.
|
(o) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until November 1, 2007, a |
community unit
school district maintaining grades K through 12 |
may issue bonds up to
an amount, including existing |
indebtedness, not exceeding 20% of the
equalized assessed value |
of the taxable property in the district if all of the
following |
conditions are met:
|
(i) the school district has an equalized assessed |
valuation
for calendar year 2001 of at least $737,000,000 |
and an enrollment
for the 2002-2003 school year of at least |
8,500;
|
(ii) the bonds are issued to purchase school sites, |
build and
equip a new high school, build and equip a new |
junior high school,
build and equip 5 new elementary |
schools, and make technology
and other improvements and |
additions to existing schools;
|
(iii) at the time of the sale of the bonds, the board |
of
education determines by resolution that the sites and |
new or
improved facilities are needed because of projected |
enrollment
increases;
|
(iv) at least 57% of those voting in a general election |
|
held
prior to January 1, 2003 approved a proposition for |
the issuance of
the bonds; and
|
(v) the bonds are issued pursuant to Sections 19-2 |
through
19-7 of this Code.
|
(p) Notwithstanding any other provisions of this Section or |
the provisions of any other law, a community unit school |
district maintaining grades K through 12 may issue bonds up to |
an amount, including indebtedness, not exceeding 27% of the |
equalized assessed value of the taxable property in the |
district if all of the following conditions are met: |
(i) The school district has an equalized assessed |
valuation for calendar year 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the |
2002-2003 school year of at least 2,394. |
(ii) The bonds are issued to build and equip 3 |
elementary school buildings; build and equip one middle |
school building; and alter, repair, improve, and equip all |
existing school buildings in the district. |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that the project is |
needed because of expanding growth in the school district |
and a projected enrollment increase. |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code.
|
(p-5) Notwithstanding any other provisions of this Section |
or the provisions of any other law, bonds issued by a community |
|
unit school district maintaining grades K through 12 shall not |
be considered indebtedness for purposes of any statutory |
limitation and may be issued in an amount or amounts, including |
existing indebtedness, in excess of any heretofore or hereafter |
imposed statutory limitation as to indebtedness, if all of the |
following conditions are met: |
(i) For each of the 4 most recent years, residential |
property comprises more than 80% of the equalized assessed |
valuation of the district. |
(ii) At least 2 school buildings that were constructed |
40 or more years prior to the issuance of the bonds will be |
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the new buildings or |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 25% of the equalized |
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(p-10) Notwithstanding any other provisions of this |
|
Section or the provisions of any other law, bonds issued by a |
community consolidated school district maintaining grades K |
through 8 shall not be considered indebtedness for purposes of |
any statutory limitation and may be issued in an amount or |
amounts, including existing indebtedness, in excess of any |
heretofore or hereafter imposed statutory limitation as to |
indebtedness, if all of the following conditions are met: |
(i) For each of the 4 most recent years, residential |
and farm property comprises more than 80% of the equalized |
assessed valuation of the district. |
(ii) The bond proceeds are to be used to acquire and |
improve school sites and build and equip a school building. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the school sites and |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 20% of the equalized |
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(p-15) In addition to all other authority to issue bonds, |
the Oswego Community Unit School District Number 308 may issue |
|
bonds with an aggregate principal amount not to exceed |
$450,000,000, but only if all of the following conditions are |
met: |
(i) The voters of the district have approved a |
proposition for the bond issue at the general election held |
on November 7, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of the new high school building, new junior high |
school buildings, new elementary school buildings, early |
childhood building, maintenance building, transportation |
facility, and additions to existing school buildings, the |
altering, repairing, equipping, and provision of |
technology improvements to existing school buildings, and |
the acquisition and improvement of school sites, as the |
case may be, are required as a result of a projected |
increase in the enrollment of students in the district; and |
(B) the sale of bonds for these purposes is authorized by |
legislation that exempts the debt incurred on the bonds |
from the district's statutory debt limitation.
|
(iii) The bonds are issued, in one or more bond issues, |
on or before November 7, 2011, but the aggregate principal |
amount issued in all such bond issues combined must not |
exceed $450,000,000.
|
(iv) The bonds are issued in accordance with this |
Article 19. |
|
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
general election held on November 7, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-15) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-20) In addition to all other authority to issue bonds, |
the Lincoln-Way Community High School District Number 210 may |
issue bonds with an aggregate principal amount not to exceed |
$225,000,000, but only if all of the following conditions are |
met: |
(i) The voters of the district have approved a |
proposition for the bond issue at the general primary |
election held on March 21, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of the new high school buildings, the altering, |
repairing, and equipping of existing school buildings, and |
the improvement of school sites, as the case may be, are |
required as a result of a projected increase in the |
enrollment of students in the district; and (B) the sale of |
bonds for these purposes is authorized by legislation that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation.
|
(iii) The bonds are issued, in one or more bond issues, |
on or before March 21, 2011, but the aggregate principal |
|
amount issued in all such bond issues combined must not |
exceed $225,000,000.
|
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
primary election held on March 21, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-20) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-25) In addition to all other authority to issue bonds, |
Rochester Community Unit School District 3A may issue bonds |
with an aggregate principal amount not to exceed $18,500,000, |
but only if all of the following conditions are met: |
(i) The voters of the district approve a proposition |
for the bond issuance at the general primary election held |
in 2008.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building and |
equipping of a new high school building; the addition of |
classrooms and support facilities at the high school, |
middle school, and elementary school; the altering, |
repairing, and equipping of existing school buildings; and |
the improvement of school sites, as the case may be, are |
required as a result of a projected increase in the |
enrollment of students in the district; and (B) the sale of |
|
bonds for these purposes is authorized by a law that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(iii) The bonds are issued, in one or more bond issues, |
on or before December 31, 2012, but the aggregate principal |
amount issued in all such bond issues combined must not |
exceed $18,500,000. |
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the primary |
election held in 2008.
|
The debt incurred on any bonds issued under this subsection |
(p-25) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-30) In addition to all other authority to issue bonds, |
Prairie Grove Consolidated School District 46 may issue bonds |
with an aggregate principal amount not to exceed $30,000,000, |
but only if all of the following conditions are met:
|
(i) The voters of the district approve a proposition |
for the bond issuance at an election held in 2008.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the building and |
equipping of a new school building and additions to |
existing school buildings are required as a result of a |
projected increase in the enrollment of students in the |
|
district and (B) the altering, repairing, and equipping of |
existing school buildings are required because of the age |
of the existing school buildings.
|
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2012; however, the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $30,000,000.
|
(iv) The bonds are issued in accordance with this |
Article.
|
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held in 2008.
|
The debt incurred on any bonds issued under this subsection |
(p-30) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-35) In addition to all other authority to issue bonds, |
Prairie Hill Community Consolidated School District 133 may |
issue bonds with an aggregate principal amount not to exceed |
$13,900,000, but only if all of the following conditions are |
met:
|
(i) The voters of the district approved a proposition |
for the bond issuance at an election held on April 17, |
2007.
|
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the improvement |
of the site of and the building and equipping of a school |
|
building are required as a result of a projected increase |
in the enrollment of students in the district and (B) the |
repairing and equipping of the Prairie Hill Elementary |
School building is required because of the age of that |
school building.
|
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $13,900,000.
|
(iv) The bonds are issued in accordance with this |
Article.
|
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on April 17, 2007.
|
The debt incurred on any bonds issued under this subsection |
(p-35) shall not be considered indebtedness for purposes of any |
statutory debt limitation.
|
(p-40) In addition to all other authority to issue bonds, |
Mascoutah Community Unit District 19 may issue bonds with an |
aggregate principal amount not to exceed $55,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at a regular election held on or |
after November 4, 2008. |
(2) At the time of the sale of the bonds, the school |
board determines, by resolution, that (i) the building and |
|
equipping of a new high school building is required as a |
result of a projected increase in the enrollment of |
students in the district and the age and condition of the |
existing high school building, (ii) the existing high |
school building will be demolished, and (iii) the sale of |
bonds is authorized by statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $55,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at a regular |
election held on or after November 4, 2008. |
The debt incurred on any bonds issued under this subsection |
(p-40) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-45) Notwithstanding the provisions of subsection (a) of |
this Section or of any other law, bonds issued pursuant to |
Section 19-3.5 of this Code shall not be considered |
indebtedness for purposes of any statutory limitation if the |
bonds are issued in an amount or amounts, including existing |
indebtedness of the school district, not in excess of 18.5% of |
|
the value of the taxable property in the district to be |
ascertained by the last assessment for State and county taxes. |
(p-50) Notwithstanding the provisions of subsection (a) of
|
this Section or of any other law, bonds issued pursuant to
|
Section 19-3.10 of this Code shall not be considered
|
indebtedness for purposes of any statutory limitation if the
|
bonds are issued in an amount or amounts, including existing
|
indebtedness of the school district, not in excess of 43% of
|
the value of the taxable property in the district to be
|
ascertained by the last assessment for State and county taxes. |
(p-55) In addition to all other authority to issue bonds, |
Belle Valley School District 119 may issue bonds with an |
aggregate principal amount not to exceed $47,500,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
7, 2009. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of mine subsidence in an existing school building and |
because of the age and condition of another existing school |
building and (ii) the issuance of bonds is authorized by |
statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
|
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $47,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after April 7, 2009. |
The debt incurred on any bonds issued under this subsection |
(p-55) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-55) must mature within not to exceed 30 years from their |
date, notwithstanding any other law to the contrary. |
(p-60) In addition to all other authority to issue bonds, |
Wilmington Community Unit School District Number 209-U may |
issue bonds with an aggregate principal amount not to exceed |
$2,285,000, but only if all of the following conditions are |
met: |
(1) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on March 21, 2006. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects |
approved by the voters were and are required because of the |
age and condition of the school district's prior and |
existing school buildings and (ii) the issuance of the |
|
bonds is authorized by legislation that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued in one or more bond issuances |
on or before March 1, 2011, but the aggregate principal |
amount issued in all those bond issuances combined must not |
exceed $2,285,000. |
(4) The bonds are issued in accordance with this |
Article. |
The debt incurred on any bonds issued under this subsection |
(p-60) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-65) In addition to all other authority to issue bonds, |
West Washington County Community Unit School District 10 may |
issue bonds with an aggregate principal amount not to exceed |
$32,200,000 and maturing over a period not exceeding 25 years, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
February 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (A) all or a portion |
of the existing Okawville Junior/Senior High School |
Building will be demolished; (B) the building and equipping |
of a new school building to be attached to and the |
alteration, repair, and equipping of the remaining portion |
|
of the Okawville Junior/Senior High School Building is |
required because of the age and current condition of that |
school building; and (C) the issuance of bonds is |
authorized by a statute that exempts the debt incurred on |
the bonds from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $32,200,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after February 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-65) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-70) In addition to all other authority to issue bonds, |
Cahokia Community Unit School District 187 may issue bonds with |
an aggregate principal amount not to exceed $50,000,000, but |
only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
|
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2016, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$50,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-70) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-70) must mature within not to exceed 25 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
(p-75) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section
or any other provisions of this |
Section or of any other law, the execution of leases on or
|
after January 1, 2007 and before July 1, 2011 by the Board of |
Education of Peoria School District 150 with a public building |
commission for leases entered into pursuant to the Public
|
|
Building Commission Act shall not be considered indebtedness |
for purposes of any
statutory debt limitation. |
This subsection (p-75) applies only if the State Board of |
Education or the Capital Development Board makes one or more |
grants to Peoria School District 150 pursuant to the School |
Construction Law. The amount exempted from the debt limitation |
as prescribed in this subsection (p-75) shall be no greater |
than the amount of one or more grants awarded to Peoria School |
District 150 by the State Board of Education or the Capital |
Development Board. |
(p-80) In addition to all other authority to issue bonds, |
Ridgeland School District 122 may issue bonds with an aggregate |
principal amount not to exceed $50,000,000 for the purpose of |
refunding or continuing to refund bonds originally issued |
pursuant to voter approval at the general election held on |
November 7, 2000, and the debt incurred on any bonds issued |
under this subsection (p-80) shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-80) may be issued in one |
or more issuances and must mature within not to exceed 25 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
(p-85) In addition to all other authority to issue bonds, |
Hall High School District 502 may issue bonds with an aggregate |
principal amount not to exceed $32,000,000, but only if all the |
following conditions are met: |
|
(1) The voters of the district approve a proposition
|
for the bond issuance at an election held on or after April |
9, 2013. |
(2) Prior to the issuance of the bonds, the school
|
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building, |
(ii) the existing school building should be demolished in |
its entirety or the existing school building should be |
demolished except for the 1914 west wing of the building, |
and (iii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, not |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $32,000,000. |
(4) The bonds are issued in accordance with this
|
Article. |
(5) The proceeds of the bonds are used to accomplish
|
only those projects approved by the voters at an election |
held on or after April 9, 2013. |
The debt incurred on any bonds issued under this subsection |
(p-85) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
|
(p-85) must mature within not to exceed 30 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
(p-90) In addition to all other authority to issue bonds, |
Lebanon Community Unit School District 9 may issue bonds with |
an aggregate principal amount not to exceed $7,500,000, but |
only if all of the following conditions are met: |
(1) The voters of the district approved a proposition |
for the bond issuance at the general primary election on |
February 2, 2010. |
(2) At or prior to the time of the sale of the bonds, |
the school board determines, by resolution, that (i) the |
building and equipping of a new elementary school building |
is required as a result of a projected increase in the |
enrollment of students in the district and the age and |
condition of the existing Lebanon Elementary School |
building, (ii) a portion of the existing Lebanon Elementary |
School building will be demolished and the remaining |
portion will be altered, repaired, and equipped, and (iii) |
the sale of bonds is authorized by a statute that exempts |
the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before April 1, 2014, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $7,500,000. |
|
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on February 2, 2010. |
The debt incurred on any bonds issued under this subsection |
(p-90) shall not be considered indebtedness for purposes of any |
statutory debt limitation. |
(p-95) In addition to all other authority to issue bonds, |
Monticello Community Unit School District 25 may issue bonds |
with an aggregate principal amount not to exceed $35,000,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$35,000,000. |
|
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this subsection |
(p-95) shall not be considered indebtedness for purposes of any |
statutory debt limitation. Bonds issued under this subsection |
(p-95) must mature within not to exceed 25 years from their |
date, notwithstanding any other law, including Section 19-3 of |
this Code, to the contrary. |
(p-100) In addition to all other authority to issue bonds, |
the community unit school district created in the territory |
comprising Milford Community Consolidated School District 280 |
and Milford Township High School District 233, as approved at |
the general primary election held on March 18, 2014, may issue |
bonds with an aggregate principal amount not to exceed |
$17,500,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building and |
(ii) the issuance of bonds is authorized by a statute that |
|
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$17,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this subsection |
(p-100) shall not be considered indebtedness for purposes of |
any statutory debt limitation. Bonds issued under this |
subsection (p-100) must mature within not to exceed 25 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
(p-105) In addition to all other authority to issue bonds, |
North Shore School District 112 may issue bonds with an |
aggregate principal amount not to exceed $150,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
|
equipping of new buildings and improving the sites thereof |
and the building and equipping of additions to, altering, |
repairing, equipping, and renovating existing buildings |
and improving the sites thereof are required as a result of |
the age and condition of the district's existing buildings |
and (ii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, not |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $150,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this subsection |
(p-105) and on any bonds issued to refund or continue to refund |
such bonds shall not be considered indebtedness for purposes of |
any statutory debt limitation. Bonds issued under this |
subsection (p-105) and any bonds issued to refund or continue |
to refund such bonds must mature within not to exceed 30 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
|
(p-110) In addition to all other authority to issue bonds, |
Sandoval Community Unit School District 501 may issue bonds |
with an aggregate principal amount not to exceed $2,000,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approved a proposition |
for the bond issuance at an election held on March 20, |
2012. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required because of |
the age and current condition of the Sandoval Elementary |
School building and (ii) the issuance of bonds is |
authorized by a statute that exempts the debt incurred on |
the bonds from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 19, 2022, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $2,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the election |
held on March 20, 2012. |
The debt incurred on any bonds issued under this subsection |
(p-110) and on any bonds issued to refund or continue to refund |
the bonds shall not be considered indebtedness for purposes of |
|
any statutory debt limitation. |
(p-115) In addition to all other authority to issue bonds, |
Bureau Valley Community Unit School District 340 may issue |
bonds with an aggregate principal amount not to exceed |
$25,000,000, but only if all of the following conditions are |
met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
(2) Prior to the issuances of the bonds, the school |
board determines, by resolution, that (i) the renovating |
and equipping of some existing school buildings, the |
building and equipping of new school buildings, and the |
demolishing of some existing school buildings are required |
as a result of the age and condition of existing school |
buildings and (ii) the issuance of bonds is authorized by a |
statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2021, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$25,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
|
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this subsection |
(p-115) shall not be considered indebtedness for purposes of |
any statutory debt limitation. Bonds issued under this |
subsection (p-115) must mature within not to exceed 30 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
(p-120) In addition to all other authority to issue bonds, |
Paxton-Buckley-Loda Community Unit School District 10 may |
issue bonds with an aggregate principal amount not to exceed
|
$28,500,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 8, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects as |
described in said proposition, relating to the building and |
equipping of one or more school buildings or additions to |
existing school buildings, are required as a result of the |
age and condition of the District's existing buildings and |
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, not |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
|
principal amount issued in all such bond issuances combined |
must not exceed $28,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 8, 2016. |
The debt incurred on any bonds issued under this subsection |
(p-120) and on any bonds
issued to refund or continue to refund |
such bonds shall not be considered indebtedness for
purposes of |
any statutory debt limitation. Bonds issued under this |
subsection (p-120) and any
bonds issued to refund or continue |
to refund such bonds must mature within not to exceed 25
years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the
contrary. |
(p-125) In addition to all other authority to issue bonds, |
Hillsboro Community Unit School District 3 may issue bonds with |
an aggregate principal amount not to exceed
$34,500,000, but |
only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) altering, |
repairing, and equipping the high school |
agricultural/vocational building, demolishing the high |
|
school main, cafeteria, and gym buildings, building and |
equipping a school building, and improving sites are |
required as a result of the age and condition of the |
district's existing buildings and (ii) the issuance of |
bonds is authorized by a statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more issuances, not |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances combined |
must not exceed $34,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this subsection |
(p-125) and on any bonds
issued to refund or continue to refund |
such bonds shall not be considered indebtedness for
purposes of |
any statutory debt limitation. Bonds issued under this |
subsection (p-125) and any
bonds issued to refund or continue |
to refund such bonds must mature within not to exceed 25
years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the
contrary. |
(p-130) In addition to all other authority to issue bonds, |
|
Waltham Community Consolidated School District 185 may incur |
indebtedness in an aggregate principal amount not to exceed |
$9,500,000 to build and equip a new school building and improve |
the site thereof, but only if all the following conditions are |
met: |
(1) A majority of the voters of the district voting on |
an advisory question voted in favor of the question |
regarding the use of funding sources to build a new school |
building without increasing property tax rates at the |
general election held on November 8, 2016. |
(2) Prior to incurring the debt, the school board |
enters into intergovernmental agreements with the City of |
LaSalle to pledge moneys in a special tax allocation fund |
associated with tax increment financing districts LaSalle |
I and LaSalle III and with the Village of Utica to pledge |
moneys in a special tax allocation fund associated with tax |
increment financing district Utica I for the purposes of |
repaying the debt issued pursuant to this subsection |
(p-130). Notwithstanding any other provision of law to the |
contrary, the intergovernmental agreement may extend these |
tax increment financing districts as necessary to ensure |
repayment of the debt. |
(3) Prior to incurring the debt, the school board |
determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of the district's existing |
|
buildings and (ii) the debt is authorized by a statute that |
exempts the debt from the district's statutory debt |
limitation. |
(4) The debt is incurred, in one or more issuances, not |
later than January 1, 2021, and the aggregate principal |
amount of debt issued in all such issuances combined must |
not exceed $9,500,000. |
The debt incurred under this subsection (p-130) and on any |
bonds issued to pay, refund, or continue to refund such debt |
shall not be considered indebtedness for purposes of any |
statutory debt limitation. Debt issued under this subsection |
(p-130) and any bonds issued to pay, refund, or continue to |
refund such debt must mature within not to exceed 25 years from |
their date, notwithstanding any other law, including Section |
19-11 of this Code and subsection (b) of Section 17 of the |
Local Government Debt Reform Act, to the contrary. |
(q) A school district must notify the State Board of |
Education prior to issuing any form of long-term or short-term |
debt that will result in outstanding debt that exceeds 75% of |
the debt limit specified in this Section or any other provision |
of law.
|
(Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14; |
98-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff. |
7-27-15; 99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, |
eff. 8-5-16; 99-926, eff. 1-20-17.)
|
|
(105 ILCS 5/19-11) (from Ch. 122, par. 19-11)
|
Sec. 19-11. Amount of indebtedness - Interest and maturity. |
Any district which has complied with Section 19-9 and which is
|
authorized to issue bonds under Sections 19-8, 19-9 and 19-10 |
shall
adopt a resolution specifying the amount of indebtedness |
to be funded,
whether for the purpose of paying claims, or for |
paying teachers' orders,
or for paying liabilities or |
obligations imposed on any district resulting
from the division |
of assets as provided by Article 7 of this Act or Article
5 of |
this Act as it existed prior to July 1, 1952. The resolution |
shall set
forth the date, denomination, rate of interest and |
maturities of the bonds,
fix all details with respect to the |
issue and execution thereof, and
provide for the levy of a tax |
sufficient to pay both principal and interest
of the bonds as |
they mature. The bonds shall bear interest at a rate not to
|
exceed the maximum rate authorized by the Bond Authorization |
Act, as amended
at the time of the making of the contract, |
payable annually
or semi-annually,
as the governing
body may |
determine, and mature in not more than 20 years from the date |
thereof or as otherwise authorized by law .
|
With respect to instruments for the payment of money issued |
under this
Section either before, on, or after the effective |
date of this amendatory
Act of 1989, it is and always has been |
the intention of the General
Assembly (i) that the Omnibus Bond |
Acts are and always have been
supplementary grants of power to |
issue instruments in accordance with the
Omnibus Bond Acts, |
|
regardless of any provision of this Act that may appear
to be |
or to have been more restrictive than those Acts, (ii) that the
|
provisions of this Section are not a limitation on the |
supplementary
authority granted by the Omnibus Bond Acts, and |
(iii) that instruments
issued under this Section within the |
supplementary authority granted
by the Omnibus Bond Acts are |
not invalid because of any provision of
this Act that may |
appear to be or to have been more restrictive than
those Acts.
|
(Source: P.A. 86-4.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|