(70 ILCS 410/15) (from Ch. 96 1/2, par. 7116) Sec. 15. (a) Whenever a district does not have sufficient money in its
treasury to meet all necessary expenses and liabilities thereof, it may
issue tax anticipation warrants. Such issue of tax anticipation warrants
shall be subject to the provisions of Section 2 of "An Act to provide
for the manner of issuing warrants upon the treasurer of the State or of
any county, township, or other municipal corporation or quasi municipal
corporation, or of any farm drainage district, river district, drainage
and levee district, fire protection district and jurors' certificates",
approved June 27, 1913, as now and hereafter amended. (b) For the purpose of acquisition of real property, or rights thereto, a
district may incur indebtedness and, as evidence of the indebtedness
thus created, may issue and sell bonds without first obtaining the
consent of the legal voters of the district. (b-5) For the purpose of development of real property, all or a portion of which has been acquired with referendum-approved bonds, a district located entirely within McHenry County may incur indebtedness and, as evidence of the indebtedness thus created, may issue and sell bonds without first obtaining the consent of the legal voters of the district. Development, for the purposes of this subsection (b-5), shall mean the improvement or maintenance of existing trails, parking lots, bridges, roads, picnic shelters, and other improvements, adding or improving access to conservation areas or district facilities to comply with the Americans with Disabilities Act, demolition of unnecessary or unsafe structures, and the stabilization, revitalization or rehabilitation of historic structures. (c) For the purpose of development of real property, a district may incur
indebtedness and, as evidence of the indebtedness thus created, may
issue and sell bonds only after the proposition to issue bonds has been
submitted to the legal voters of the district at an election and has
been approved by a majority of those voting on the proposition. Such
election is subject to Section 15.1 of this Act. (d) No district shall become indebted in any manner or for any purpose,
to any amount including existing indebtedness in the aggregate exceeding
0.575% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property therein; except that a district entirely within a
county of under
750,000 inhabitants and contiguous to a county of more than
2,000,000 inhabitants may incur indebtedness,
including existing indebtedness, in the aggregate not
exceeding 1.725% of that value if the aggregate indebtedness over 0.575% is
submitted to the legal voters of the district at an election and is
approved by a majority of those voting on the proposition as provided in
Section 15.1. The following do not in any way limit the right of a district to issue non-referendum bonds under this Section: bonds heretofore or hereafter issued and outstanding that are approved by referendum, as described in this subsection (d); refunding bonds issued to refund or continue to refund bonds approved by referendum; and bonds issued under this Section that have been paid in full or for which provisions for payment have been made by an irrevocable deposit of funds in an amount sufficient to pay the principal and interest on those bonds to their respective maturity date. (e) Before or at the time of issuing bonds as described in this Section, the district shall provide by ordinance for the
collection of an annual tax, in addition to all other taxes authorized
by this act, sufficient to pay such bonds and the interest thereon as
the same respectively become due. Such bonds shall be divided into
series, the first of which shall mature not later than 5 years after the
date of issue and the last of which shall mature not later
than 25 years after the date of issue; shall bear interest at a rate or
rates not exceeding the maximum rate permitted in "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended; shall be
in such form as the district shall by
resolution provide and shall be payable as to both principal and
interest from the proceeds of the annual levy of taxes authorized to be
levied by this Section, or so much thereof as will be sufficient to pay
the principal thereof and the interest thereon. Prior to the
authorization and issuance of such bonds the district may, with or
without notice, negotiate and enter into an agreement or agreements with
any bank, investment banker, trust company or insurance company or group
thereof whereunder the marketing of such bonds may be assured and
consummated. The proceeds of such bonds shall be deposited in a special
fund, to be kept separate and apart from all other funds of the
conservation district. (Source: P.A. 98-1168, eff. 6-1-15 .) |