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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 8 Div. 5
(65 ILCS 5/Art. 8 Div. 5 heading)
DIVISION 5.
DEBT LIMITS IN MUNICIPALITIES OF LESS THAN 500,000
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65 ILCS 5/8-5-1
(65 ILCS 5/8-5-1) (from Ch. 24, par. 8-5-1)
Sec. 8-5-1.
Except as hereinafter provided in this Division 5, no municipality
having a population of less than 500,000 shall become indebted in any
manner or for any purpose, to an amount, including existing indebtedness
in the aggregate exceeding 8.625% on the value of the taxable property
therein, to be ascertained by the last assessment for state and county
purposes, previous to the incurring of the indebtedness or, until January
1, 1983, if greater, the sum that is produced by multiplying the municipality's
1978 equalized assessed valuation by the debt limitation percentage in effect
on January 1, 1979.
The indebtedness limitation set forth in this Section may be
inapplicable to indebtedness incurred for the purpose of pumping water from
Lake Michigan to one or more municipalities having a population of less
than 500,000, whether before or after such indebtedness is incurred, if the
majority of voters in such municipality approve such inapplicability at an
election on the issue held in accordance with the general election law.
The governing authority of any such municipality may, by proper ordinance
or resolution, cause the proposition of the inapplicability of the
limitation of indebtedness set forth in this Section to the indebtedness
incurred for such purpose to be certified to the proper election
authorities and submitted to the voters of the municipality at a regularly
scheduled election in accordance with the general election law.
If a majority of the votes cast on the
proposition are in favor thereof, indebtedness incurred for the purpose of
pumping water from Lake Michigan to one or more municipalities shall not be
subject to the limitation set forth in this Section.
The indebtedness limitation set forth in this Section shall not apply
to any indebtedness of any municipality incurred to finance the cost of the
acquisition, construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule developed in
connection with the federal Clean Water Act or a compliance order issued
by the United States
Environmental Protection Agency or the Illinois Pollution Control Board.
Any village or incorporated town may provide by resolution, and any
city may provide by ordinance, for the taking of a census of the
population thereof in order to determine the number of that population
for any purpose of this Division 5. The courts in this state shall take
judicial notice of the population of any municipality as it appears from
the latest municipal census so taken. However, no municipal census shall
be taken by the authority of this section, oftener than once in 3 years.
The amendatory Act of 1973 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 85-925.)
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65 ILCS 5/8-5-2
(65 ILCS 5/8-5-2) (from Ch. 24, par. 8-5-2)
Sec. 8-5-2.
The limitation prescribed in Section 8-5-1 shall not apply to
any indebtedness of any municipality incurred in connection with the
issuance of funding bonds.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/8-5-15
(65 ILCS 5/8-5-15) (from Ch. 24, par. 8-5-15)
Sec. 8-5-15.
In a city or village having a population of less than 500,000, a
petition, signed by electors of the city or village equal in number to
not less than 10% of the number of votes cast for the candidates for
mayor or president at the last preceding general municipal election at
which a mayor or president was elected, may be presented to the
corporate authorities of such a city or village asking that the
question, whether that city or village shall incur additional
indebtedness for the construction of impounding dams and artificial
lakes for water supply purposes, together with the land and equipment
necessary and incidental thereto, be submitted to the electors of that
city or village. Thereupon, this question shall be certified by the clerk
to the proper election authority and submitted at
an election in accordance with the general election law.
This question shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city (or village) of.... incur additional indebtedness for the construction YES of impounding dams and artificial lakes for - - - - - - - - - - - - - -
water supply purposes, together with the land NO and equipment necessary and incidental thereto? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on this question are in the
affirmative, the additional indebtedness for water supply purposes is
approved.
(Source: P.A. 81-1489 .)
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65 ILCS 5/8-5-16
(65 ILCS 5/8-5-16) (from Ch. 24, par. 8-5-16)
Sec. 8-5-16.
The corporate authorities of any municipality which is not
a home rule unit under the Constitution of 1970 are authorized to issue
the bonds of such municipality without referendum subject to the limitation
contained herein and the requirements of the Bond Issue Notification Act.
Such bonds shall be payable from ad valorem tax receipts.
The amount of such bonds, together with other bonds issued pursuant to this
Section and outstanding, shall not exceed at the time of issue one-half
of 1% of the assessed value of all of the taxable property located within
the municipality.
Such bonds shall be authorized by a bond ordinance adopted by the corporate
authorities of the municipality. The bond ordinance shall make provision
for the payment of the principal of and interest on the bonds by the levy
of a direct annual irrepealable tax upon all of the taxable property within
the municipality. A properly certified copy of the bond ordinance shall
be filed in the office of the county clerk of each county in which any portion
of the municipality is situated. Such county clerk or clerks shall extend
the taxes levied in the bond ordinance for collection against all of the
taxable property situated within the municipality. The taxes levied in
the bond ordinance shall be extended annually by the county clerk or clerks
without limitation as to rate or amount and such taxes shall be in addition
to and in excess of all other taxes levied or authorized to be levied by
the municipality.
Bonds heretofore or hereafter issued and outstanding which are approved
by referendum, bonds issued under this Section which have been paid in full
or for which provision for payment has been made
by an irrevocable deposit of funds in an amount sufficient
to pay the principal and interest on any such bonds to their respective maturity date,
non-referendum bonds issued pursuant to other provisions of this Code, and
bonded indebtedness assumed from another municipality, shall not operate
to limit in any way the right of the municipality to issue its non-referendum
bonds in accord with this Section.
(Source: P.A. 89-655, eff. 1-1-97.)
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