(110 ILCS 805/7-25) (from Ch. 122, par. 107-25)
Sec. 7-25. Issuance of bonds; terms and sale. The board may incur an
indebtedness and issue bonds for the purpose of
erecting, purchasing or otherwise acquiring buildings suitable for
community college use, transferring funds to the Capital Development Board for community college building purposes, erecting temporary
community college structures, erecting additions to, repairing,
rehabilitating and replacing existing community college buildings and
temporary community college structures, furnishing and equipping
community college buildings and temporary community college structures,
and purchasing or otherwise acquiring and improving sites for such
purposes.
The bonds may not be issued until the proposition of authorizing such
bonds has been certified to the proper election officials, who shall have
submitted it to the electors of the city at a regular scheduled
election in accordance with the general election law, and approved by a
majority of the electors voting upon that question.
The board shall adopt a resolution providing for certifying that
proposition for such an election. In addition to the
requirements of the general election law the notice
of the referendum must contain the amount of the bond issue,
maximum rate of interest and purpose for which issued. This notice shall
be published in accordance with the general election law.
The proposition shall be in substantially the following form:
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Shall bonds in the amount of $............ be issued by the Board of Community College District YES No....., County of.... and State of Illinois for the purpose of (Here print the purpose of the public - - - - - - - - - - - - - - - - - - - - - - - -
measure) bearing interest at the rate of not to exceed the maximum rate authorized by the Bond NO Authorization Act, as amended at the time of the making of the contract? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature within not to exceed
20 years from their date,
and may be made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the manner
provided in the bond resolution.
The bonds shall be issued in the corporate name of the community
college district, and they shall be signed by the chairman and secretary
of the community college board. The bonds shall also be registered,
numbered and countersigned by the treasurer who receives the taxes of
the district. The registration shall be in a book in which shall be
entered the record of the election authorizing the board to borrow money
and a description of the bonds issued, including the number, date, to
whom issued, amount, rate of interest and when due.
The bonds shall be sold by the board upon such terms as are approved
by the board after advertisement for bids, and the proceeds thereof
shall be received by the community college treasurer, and expended by
the board for the purposes provided in the bond resolution.
The community college treasurer shall, before receiving any of such
money, execute a surety bond conditioned upon the faithful discharge of
his duties with a surety company authorized to do business in this
State, which surety bond shall be approved by the community college
board and filed as otherwise required under this Act for the treasurer's
bond. The penalty of the surety bond shall be in the amount of such bond
issue. The surety bond shall be in substantially the same form as the
bond otherwise required under this Act for the treasurer and when so
given shall fully describe the bond issue which it specifically covers
and shall remain in force until the funds of the bond issue are fully
disbursed in accordance with the law.
Before or at the time of issuing any bonds herein authorized, the board
shall by resolution provide for the levy and collection
of a direct
annual tax upon all the taxable property of such community college
district sufficient to pay and discharge the principal thereof at
maturity and to pay the interest thereon as it falls due. Such tax shall
be levied and collected in like manner with the other taxes of the
community college district and shall be in addition to and exclusive of
the maximum of all other taxes which the board is authorized by law to levy for community college purposes.
Upon the filing in the office of the county clerk of the county wherein
such community college district is located of a certified copy of any
such ordinance, the county clerk shall extend the tax therein provided
for, including an amount to cover loss and cost of collecting such taxes
and also deferred collections thereof and abatements in the amounts of
such taxes as extended upon the collector's books. The ordinance shall
be in force upon its passage.
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. 100-884, eff. 1-1-19 .)
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