[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_SB0373
SEE INDEX
Amends the Election Code and various Acts concerning
units of local government and school districts. Standardizes
provisions concerning publication or posting of ordinances
and resolutions and filing of petitions with respect to back
door referenda. Requires that petitions be signed by voters
equal in number to 5% of the total number of voters in the
specified territory who voted at the last preceding general
election at which electors of the President and
Vice-President of the United States were elected.
LRB9001778DNmb
LRB9001778DNmb
1 AN ACT concerning local government referenda, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Intergovernmental Cooperation Act is
6 amended by changing Section 3.6 as follows:
7 (5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
8 Sec. 3.6. (a) Any special district the boundaries of
9 which are exactly coterminous with, or entirely within, the
10 boundaries of a township in a county having less than
11 1,000,000 inhabitants may merge into and transfer all of its
12 rights, powers, duties, liabilities and functions to the
13 township as provided in this Section notwithstanding any
14 other provision of the law.
15 (b) "Special district" means any political subdivision
16 other than a county, municipality, township, school district
17 or community college district.
18 (c) By resolution or ordinance the special district may
19 petition the township for merger. Within 30 days after the
20 adoption of such resolution or ordinance, the special
21 district shall file a copy of the petition with the town
22 clerk of the township and with the county clerk.
23 (d) Within 60 days of the filing of the petition with
24 the town clerk the board of town trustees shall by ordinance
25 either agree or refuse to agree to the merger. Failure of
26 the board of town trustees to adopt such an ordinance within
27 the 60 days shall constitute a refusal to agree to the
28 merger.
29 (e) After an ordinance is passed by the board of town
30 trustees agreeing to a merger, it shall be published once
31 within 30 days after its passage in one or more newspapers
-2- LRB9001778DNmb
1 published in the township or, if no newspaper is published
2 therein, it shall be published in a newspaper published in
3 the county in which such township is located and having
4 general circulation within such township. If no newspaper is
5 published in the county having general circulation in the
6 township, publication may be made instead by posting copies
7 of such ordinance in 10 public places within the township.
8 The publication or posting of the ordinance shall include a
9 notice of (1) the specific number of voters required to sign
10 a petition requesting that the question of the merger be
11 submitted to the voters of the township; (2) the time within
12 which the petition must be filed; and (3) the date of the
13 prospective referendum. The township clerk shall provide a
14 petition form to any individual requesting one. The ordinance
15 shall not become effective until 30 days after its
16 publication or the date of such posting of such copies.
17 Whenever a petition signed by the electors of the
18 township equal in number to 10% or more of the registered
19 voters in the township is filed with the board of town
20 trustees thereof which has adopted an ordinance agreeing to
21 merger and such petition has been filed with the board of
22 town trustees within 30 days after the publication or the
23 date of the posting of the copies which petition seeks the
24 submission of such merger to an election, the board of town
25 trustees shall certify the question to the proper election
26 officials who shall submit the question at an election in
27 accordance with the general election law.
28 Notwithstanding any other provision of this Section, on
29 and after the effective date of this amendatory Act of 1997,
30 every publication or posting of an ordinance under this
31 Section and every petition filed under this Section must
32 comply with the provisions of this paragraph. The
33 publication or posting shall include a notice of (i) the
34 specific number of voters required to sign a petition
-3- LRB9001778DNmb
1 requesting the submission of the question to the electors,
2 (ii) the time within which the petition must be filed, and
3 (iii) the date of the prospective referendum. The
4 publication or posting also must include a general
5 description of the boundaries of the special district and the
6 township, using easily recognized descriptions. The petition
7 must be signed by voters equal in number to 5% of the total
8 number of voters in the township who voted at the last
9 preceding general election at which electors of the President
10 and Vice-President of the United States were elected. The
11 petition must be filed within 30 days after the publication
12 or posting.
13 The proposition shall be substantially in the following
14 form:
15 -------------------------------------------------------------
16 Shall (name of special YES
17 district) be merged into ----------------------------
18 ............. Township? NO
19 -------------------------------------------------------------
20 If the boundaries of the township and special district are
21 coterminous and a majority of the voters voting on the
22 question shall favor merger, the special district shall merge
23 into the township. If a majority of the voters voting on the
24 question shall not favor merger, the special district shall
25 not merge into the township. If the boundaries of the
26 township and special district are not coterminous, then a
27 majority of the voters voting upon the question in the
28 special district and a majority of the voters voting in that
29 portion of the township that is not included within the
30 special district must both favor the merger. If a majority
31 of the voters residing in the special district or a majority
32 of the voters voting in that portion of the townships that is
33 not included within the special district do not favor the
34 merger, the special district shall not merge into the
-4- LRB9001778DNmb
1 township.
2 (f) The effective date of the merger shall be the first
3 day of January of the year immediately following the
4 effective date of the ordinance or the approval by the
5 referendum as the case may be.
6 (g) If the board of town trustees refuses to agree to
7 the merger or if a majority of the voters voting on the
8 question shall not favor merger, then the special district
9 shall not file a petition for merger with the town clerk
10 within 3 years after such refusal to agree or referendum.
11 (h) Upon the effective date of the merger the township
12 shall assume and succeed to all of the rights, powers,
13 duties, liabilities and functions of the special district,
14 including assuming any indebtedness of the special district,
15 and the special district shall be dissolved and cease to
16 exist as a separate and distinct political subdivision. In
17 connection with such rights, powers, duties, liabilities and
18 functions the township shall be subject to, governed by and
19 have the benefit of the statutes, as then or thereafter
20 amended, and laws affecting such a special district,
21 including without limitation the right to levy taxes in such
22 amounts as allowed to such a special district, but the right
23 to levy taxes shall exist only within the area formerly
24 comprising such merged special district. Upon the effective
25 date of the merger all books, records, equipment, property
26 and personnel held by, in the custody of or employed by the
27 special district shall be transferred to the township. The
28 transfer shall not affect the status or employment benefits
29 of transferred personnel.
30 (Source: P.A. 89-150, eff. 7-14-95.)
31 Section 10. The Election Code is amended by changing
32 Section 28-2 as follows:
-5- LRB9001778DNmb
1 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
2 Sec. 28-2. (a) Except as otherwise provided in this
3 Section, petitions for the submission of public questions to
4 referendum must be filed with the appropriate officer or
5 board not less than 78 days prior to a regular election to be
6 eligible for submission on the ballot at such election; and
7 petitions for the submission of a question under Section
8 18-120 of the Property Tax Code must be filed with the
9 appropriate officer or board not more than 10 months nor less
10 than 6 months prior to the election at which such question is
11 to be submitted to the voters.
12 (b) However, petitions for the submission of a public
13 question to referendum which proposes the creation or
14 formation of a political subdivision must be filed with the
15 appropriate officer or board not less than 108 days prior to
16 a regular election to be eligible for submission on the
17 ballot at such election.
18 (c) Resolutions or ordinances of governing boards of
19 political subdivisions which initiate the submission of
20 public questions pursuant to law must be adopted not less
21 than 65 days before a regularly scheduled election to be
22 eligible for submission on the ballot at such election.
23 (d) A petition, resolution or ordinance initiating the
24 submission of a public question may specify a regular
25 election at which the question is to be submitted, and must
26 so specify if the statute authorizing the public question
27 requires submission at a particular election. However, no
28 petition, resolution or ordinance initiating the submission
29 of a public question, other than a legislative resolution
30 initiating an amendment to the Constitution, may specify such
31 submission at an election more than one year after the date
32 on which it is filed or adopted, as the case may be. A
33 petition, resolution or ordinance initiating a public
34 question which specifies a particular election at which the
-6- LRB9001778DNmb
1 question is to be submitted shall be so limited, and shall
2 not be valid as to any other election, other than an
3 emergency referendum ordered pursuant to Section 2A-1.4.
4 (e) If a petition initiating a public question does not
5 specify a regularly scheduled election, the public question
6 shall be submitted to referendum at the next regular election
7 occurring not less than 78 days after the filing of the
8 petition, or not less than 108 days after the filing of a
9 petition for referendum to create a political subdivision.
10 If a resolution or ordinance initiating a public question
11 does not specify a regularly scheduled election, the public
12 question shall be submitted to referendum at the next regular
13 election occurring not less than 65 days after the adoption
14 of the resolution or ordinance.
15 (f) In the case of back door referenda, any limitations
16 in another statute authorizing such a referendum which
17 restrict the time in which the initiating petition may be
18 validly filed shall apply to such petition, in addition to
19 the filing deadlines specified in this Section for submission
20 at a particular election. In the case of any back door
21 referendum, the publication of the ordinance or resolution of
22 the political subdivision shall include a notice of (1) the
23 specific number of voters required to sign a petition
24 requesting that a public question be submitted to the voters
25 of the subdivision; (2) the time within which the petition
26 must be filed; and (3) the date of the prospective
27 referendum. The secretary or clerk of the political
28 subdivision shall provide a petition form to any individual
29 requesting one. As used herein, a "back door referendum" is
30 the submission of a public question to the voters of a
31 political subdivision, initiated by a petition of voters or
32 residents of such political subdivision, to determine whether
33 an action by the governing body of such subdivision shall be
34 adopted or rejected.
-7- LRB9001778DNmb
1 Notwithstanding any other provision of this Section, on
2 and after the effective date of this amendatory Act of 1997,
3 every publication or posting of an ordinance or resolution
4 under this Section and every petition filed under this
5 Section must comply with the provisions of this paragraph.
6 The publication or posting shall include a notice of (i) the
7 specific number of voters required to sign a petition
8 requesting the submission of the question to the electors,
9 (ii) the time within which the petition must be filed, and
10 (iii) the date of the prospective referendum. If the
11 ordinance or resolution is adopted by a political subdivision
12 other than a county or municipality, the publication or
13 posting also must include a general description of the
14 boundaries of the political subdivision, using easily
15 recognized descriptions. The petition must be signed by
16 voters equal in number to 5% of the total number of voters in
17 the political subdivision who voted at the last preceding
18 general election at which electors of the President and
19 Vice-President of the United States were elected. The
20 petition must be filed within 30 days after the publication
21 or posting.
22 (g) A petition for the incorporation or formation of a
23 new political subdivision whose officers are to be elected
24 rather than appointed must have attached to it an affidavit
25 attesting that at least 108 days and no more than 138 days
26 prior to such election notice of intention to file such
27 petition was published in a newspaper published within the
28 proposed political subdivision, or if none, in a newspaper of
29 general circulation within the territory of the proposed
30 political subdivision in substantially the following form:
31 NOTICE OF PETITION TO FORM A NEW........
32 Residents of the territory described below are notified
33 that a petition will or has been filed in the Office
34 of............requesting a referendum to establish a
-8- LRB9001778DNmb
1 new........, to be called the............
2 *The officers of the new...........will be elected on the
3 same day as the referendum. Candidates for the governing
4 board of the new......may file nominating petitions with the
5 officer named above until...........
6 The territory proposed to comprise the new........is
7 described as follows:
8 (description of territory included in petition)
9 (signature)....................................
10 Name and address of person or persons proposing
11 the new political subdivision.
12 * Where applicable.
13 Failure to file such affidavit, or failure to publish the
14 required notice with the correct information contained
15 therein shall render the petition, and any referendum held
16 pursuant to such petition, null and void.
17 Notwithstanding the foregoing provisions of this
18 subsection (g) or any other provisions of this Code, the
19 publication of notice and affidavit requirements of this
20 subsection (g) shall not apply to any petition filed under
21 Article 7A, 11A, 11B, or 11D of the School Code nor to any
22 referendum held pursuant to any such petition, and neither
23 any petition filed under any of those Articles nor any
24 referendum held pursuant to any such petition shall be
25 rendered null and void because of the failure to file an
26 affidavit or publish a notice with respect to the petition or
27 referendum as required under this subsection (g) for
28 petitions that are not filed under any of those Articles of
29 the School Code.
30 (Source: P.A. 87-185; 88-670, eff. 12-2-94.)
31 Section 15. The Illinois Economic Development Area Tax
32 Increment Allocation Act is amended by changing Section 8 as
33 follows:
-9- LRB9001778DNmb
1 (20 ILCS 620/8) (from Ch. 67 1/2, par. 1008)
2 Sec. 8. Issuance of obligations for economic development
3 project costs. Obligations secured by the special tax
4 allocation fund provided for in Section 7 of this Act for an
5 economic development project area may be issued to provide
6 for economic development project costs. Those obligations,
7 when so issued, shall be retired in the manner provided in
8 the ordinance authorizing the issuance of the obligations by
9 the receipts of taxes levied as specified in Section 6 of
10 this Act against the taxable property included in the
11 economic development project area and by other revenue
12 designated or pledged by the municipality. A municipality
13 may in the ordinance pledge all or any part of the funds in
14 and to be deposited in the special tax allocation fund
15 created pursuant to Section 7 of this Act to the payment of
16 the economic development project costs and obligations.
17 Whenever a municipality pledges all of the funds to the
18 credit of a special tax allocation fund to secure obligations
19 issued or to be issued to pay economic development project
20 costs, the municipality may specifically provide that funds
21 remaining to the credit of such special tax allocation fund
22 after the payment of such obligations shall be accounted for
23 annually and shall be deemed to be "surplus" funds, and such
24 "surplus" funds shall be distributed as hereinafter provided.
25 Whenever a municipality pledges less than all of the monies
26 to the credit of a special tax allocation fund to secure
27 obligations issued or to be issued to pay economic
28 development project costs, the municipality shall provide
29 that monies to the credit of the special tax allocation fund
30 and not subject to such pledge or otherwise encumbered or
31 required for payment of contractual obligations for specific
32 economic development project costs shall be calculated
33 annually and shall be deemed to be "surplus" funds, and such
34 "surplus" funds shall be distributed as hereinafter provided.
-10- LRB9001778DNmb
1 All funds to the credit of a special tax allocation fund
2 which are deemed to be "surplus" funds shall be distributed
3 annually within 180 days of the close of the municipality's
4 fiscal year by being paid by the municipal treasurer to the
5 county collector. The county collector shall thereafter make
6 distribution to the respective taxing districts in the same
7 manner and proportion as the most recent distribution by the
8 county collector to those taxing districts of real property
9 taxes from real property in the economic development project
10 area.
11 Without limiting the foregoing in this Section the
12 municipality may, in addition to obligations secured by the
13 special tax allocation fund, pledge for a period not greater
14 than the term of the obligations towards payment of those
15 obligations any part or any combination of the following: (i)
16 net revenues of all or part of any economic development
17 project; (ii) taxes levied and collected on any or all
18 property in the municipality, including, specifically, taxes
19 levied or imposed by the municipality in a special service
20 area pursuant to "An Act to provide the manner of levying or
21 imposing taxes for the provision of special services to areas
22 within the boundaries of home rule units and non-home rule
23 municipalities and counties", approved September 21, 1973, as
24 now or hereafter amended; (iii) the full faith and credit of
25 the municipality; (iv) a mortgage on part or all of the
26 economic development project; or (v) any other taxes or
27 anticipated receipts that the municipality may lawfully
28 pledge.
29 Such obligations may be issued in one or more series
30 bearing interest at such rate or rates as the corporate
31 authorities of the municipality shall determine by ordinance,
32 which rate or rates may be variable or fixed, without regard
33 to any limitations contained in any law now in effect or
34 hereafter adopted. Such obligations shall bear such date or
-11- LRB9001778DNmb
1 dates, mature at such time or times not exceeding 20 years
2 from their respective dates, but in no event exceeding 23
3 years from the date of establishment of the economic
4 development project area, be in such denomination, be in such
5 form, whether coupon, registered or book-entry, carry such
6 registration, conversion and exchange privileges, be executed
7 in such manner, be payable in such medium of payment at such
8 place or places within or without the State of Illinois,
9 contain such covenants, terms and conditions, be subject to
10 redemption with or without premium, be subject to defeasance
11 upon such terms, and have such rank or priority, as such
12 ordinance shall provide. Obligations issued pursuant to this
13 Act may be sold at public or private sale at such price as
14 shall be determined by the corporate authorities of the
15 municipalities. Such obligations may, but need not, be issued
16 utilizing the provisions of any one or more of the omnibus
17 bond Acts specified in Section 1.33 of "An Act to revise the
18 law in relation to the construction of the statutes",
19 approved March 5, 1874, as now or hereafter amended. No
20 referendum approval of the electors shall be required as a
21 condition to the issuance of obligations pursuant to this Act
22 except as provided in this Section.
23 Whenever a municipality issues bonds for the purpose of
24 financing economic development project costs, the
25 municipality may provide by ordinance for the appointment of
26 a trustee, which may be any trust company within the State,
27 and for the establishment of the funds or accounts to be
28 maintained by such trustee as the municipality shall deem
29 necessary to provide for the security and payment of the
30 bonds. If the municipality provides for the appointment of a
31 trustee, the trustee shall be considered the assignee of any
32 payments assigned by the municipality pursuant to the
33 ordinance and this Section. Any amounts paid to the trustee
34 as assignee shall be deposited in the funds or accounts
-12- LRB9001778DNmb
1 established pursuant to the trust agreement, and shall be
2 held by the trustee in trust for the benefit of the holders
3 of the bonds, and the holders shall have a lien on and a
4 security interest in those bonds or accounts so long as the
5 bonds remain outstanding and unpaid. Upon retirement of the
6 bonds, the trustee shall pay over any excess amounts held to
7 the municipality for deposit in the special tax allocation
8 fund.
9 In the event the municipality authorizes the issuance of
10 obligations pursuant to the authority of this Act secured by
11 the full faith and credit of the municipality, or pledges ad
12 valorem taxes pursuant to clause (ii) of the second paragraph
13 of this Section, which obligations are other than obligations
14 which may be issued under home rule powers provided by
15 Article VII, Section 6 of the Illinois Constitution or which
16 ad valorem taxes are other than ad valorem taxes which may be
17 pledged under home rule powers provided by Article VII,
18 Section 6 of the Illinois Constitution or which are levied in
19 a special service area pursuant to "An Act to provide the
20 manner of levying or imposing taxes for the provision of
21 special services to areas within the boundaries of home rule
22 units and non-home rule municipalities and counties",
23 approved September 21, 1973, as now or hereafter amended, the
24 ordinance authorizing the issuance of those obligations or
25 pledging those taxes shall be published within 10 days after
26 the ordinance has been adopted, in one or more newspapers
27 having a general circulation within the municipality. The
28 publication of the ordinance shall be accompanied by a notice
29 of (1) the specific number of voters required to sign a
30 petition requesting the question of the issuance of the
31 obligations or pledging such ad valorem taxes to be submitted
32 to the electors; (2) the time within which the petition must
33 be filed; and (3) the date of the prospective referendum.
34 The municipal clerk shall provide a petition form to any
-13- LRB9001778DNmb
1 individual requesting one.
2 Notwithstanding any other provision of this Section, on
3 and after the effective date of this amendatory Act of 1997,
4 every publication or posting of an ordinance under this
5 Section and every petition filed under this Section must
6 comply with the provisions of this paragraph. The
7 publication or posting shall include a notice of (i) the
8 specific number of voters required to sign a petition
9 requesting the submission of the question to the electors,
10 (ii) the time within which the petition must be filed, and
11 (iii) the date of the prospective referendum. The petition
12 must be signed by voters equal in number to 5% of the total
13 number of voters in the municipality who voted at the last
14 preceding general election at which electors of the President
15 and Vice-President of the United States were elected. The
16 petition must be filed within 30 days after the publication
17 or posting.
18 If no petition is filed with the municipal clerk, as
19 hereinafter provided in this Section, within 30 21 days after
20 the publication of the ordinance, the ordinance shall be in
21 effect. However, if within that 30 21 day period a petition
22 is filed with the municipal clerk, signed by electors
23 numbering not less than 15% of the number of electors voting
24 for the mayor or president at the last general municipal
25 election, asking that the question of issuing obligations
26 using full faith and credit of the municipality as security
27 for the cost of paying for economic development project
28 costs, or of pledging such ad valorem taxes for the payment
29 of those obligations, or both, be submitted to the electors
30 of the municipality, the municipality shall not be authorized
31 to issue obligations of the municipality using the full faith
32 and credit of the municipality as security or pledging such
33 ad valorem taxes for the payment of those obligations, or
34 both, until the proposition has been submitted to and
-14- LRB9001778DNmb
1 approved by a majority of the voters voting on the
2 proposition at a regularly scheduled election. The
3 municipality shall certify the proposition to the proper
4 election authorities for submission in accordance with the
5 general election law.
6 The ordinance authorizing the obligations may provide
7 that the obligations shall contain a recital that they are
8 issued pursuant to this Act, which recital shall be
9 conclusive evidence of their validity and of the regularity
10 of their issuance.
11 In the event the municipality authorizes issuance of
12 obligations pursuant to this Act secured by the full faith
13 and credit of the municipality, the ordinance authorizing the
14 obligations may provide for the levy and collection of a
15 direct annual tax upon all taxable property within the
16 municipality sufficient to pay the principal thereof and
17 interest thereon as it matures, which levy may be in addition
18 to and exclusive of the maximum of all other taxes authorized
19 to be levied by the municipality, which levy, however, shall
20 be abated to the extent that monies from other sources are
21 available for payment of the obligations and the municipality
22 certifies the amount of those monies available to the county
23 clerk.
24 A certified copy of the ordinance shall be filed with the
25 county clerk of each county in which any portion of the
26 municipality is situated, and shall constitute the authority
27 for the extension and collection of the taxes to be deposited
28 in the special tax allocation fund.
29 A municipality may also issue its obligations to refund,
30 in whole or in part, obligations theretofore issued by the
31 municipality under the authority of this Act, whether at or
32 prior to maturity. However, the last maturity of the
33 refunding obligations shall not be expressed to mature later
34 than 23 years from the date of the ordinance establishing the
-15- LRB9001778DNmb
1 economic development project area.
2 In the event a municipality issues obligations under home
3 rule powers or other legislative authority, the proceeds of
4 which are pledged to pay for economic development project
5 costs, the municipality may, if it has followed the
6 procedures in conformance with this Act, retire those
7 obligations from funds in the special tax allocation fund in
8 amounts and in such manner as if those obligations had been
9 issued pursuant to the provisions of this Act.
10 No obligations issued pursuant to this Act shall be
11 regarded as indebtedness of the municipality issuing those
12 obligations or any other taxing district for the purpose of
13 any limitation imposed by law.
14 Obligations issued pursuant to this Act shall not be
15 subject to the provisions of "An Act to authorize public
16 corporations to issue bonds, other evidences of indebtedness
17 and tax anticipation warrants subject to interest rate
18 limitations set forth therein", approved May 26, 1970, as
19 amended.
20 (Source: P.A. 86-38.)
21 Section 20. The Local Government Debt Reform Act is
22 amended by changing Section 15 as follows:
23 (30 ILCS 350/15) (from Ch. 17, par. 6915)
24 Sec. 15. Double-barrelled bonds. Whenever revenue bonds
25 have been authorized to be issued pursuant to applicable law
26 or whenever there exists for a governmental unit a revenue
27 source, the procedures set forth in this Section may be used
28 by a governing body. General obligation bonds may be issued
29 in lieu of such revenue bonds as authorized, and general
30 obligation bonds may be issued payable from any revenue
31 source. Such general obligation bonds may be referred to as
32 "alternate bonds". Alternate bonds may be issued without any
-16- LRB9001778DNmb
1 referendum or backdoor referendum except as provided in this
2 Section, upon the terms provided in Section 10 of this Act
3 without reference to other provisions of law, but only upon
4 the conditions provided in this Section. Alternate bonds
5 shall not be regarded as or included in any computation of
6 indebtedness for the purpose of any statutory provision or
7 limitation except as expressly provided in this Section.
8 Such conditions are: (a) Alternate bonds shall be issued
9 for a lawful corporate purpose. If issued in lieu of revenue
10 bonds, alternate bonds shall be issued for the purposes for
11 which such revenue bonds shall have been authorized. If
12 issued payable from a revenue source in the manner
13 hereinafter provided, which revenue source is limited in its
14 purposes or applications, then the alternate bonds shall be
15 issued only for such limited purposes or applications.
16 Alternate bonds may be issued payable from either enterprise
17 revenues or revenue sources, or both.
18 (b) Alternate bonds shall be subject to backdoor
19 referendum. The provisions of Section 5 of this Act shall
20 apply to such backdoor referendum, together with the
21 provisions hereof. The authorizing ordinance shall be
22 published in a newspaper of general circulation in the
23 governmental unit. Along with or as part of the authorizing
24 ordinance, there shall be published a notice of (1) the
25 specific number of voters required to sign a petition
26 requesting that the issuance of the alternate bonds be
27 submitted to referendum, (2) the time when such petition must
28 be filed, (3) the date of the prospective referendum, and
29 (4), with respect to authorizing ordinances adopted on or
30 after January 1, 1991, a statement that identifies any
31 revenue source that will be used to pay the principal of and
32 interest on the alternate bonds. The clerk or secretary of
33 the governmental unit shall make a petition form available to
34 anyone requesting one. If no petition is filed with the
-17- LRB9001778DNmb
1 clerk or secretary within 30 days of publication of the
2 authorizing ordinance and notice, the alternate bonds shall
3 be authorized to be issued. But if within this 30 days
4 period, a petition is filed with such clerk or secretary
5 signed by electors numbering the greater of (i) 7.5% of the
6 registered voters in the governmental unit or (ii) 200 of
7 those registered voters or 15% of those registered voters,
8 whichever is less, asking that the issuance of such alternate
9 bonds be submitted to referendum, the clerk or secretary
10 shall certify such question for submission at an election
11 held in accordance with the general election law. The
12 question on the ballot shall include a statement of any
13 revenue source that will be used to pay the principal of and
14 interest on the alternate bonds. The alternate bonds shall be
15 authorized to be issued if a majority of the votes cast on
16 the question at such election are in favor thereof. Backdoor
17 referendum proceedings for bonds and alternate bonds to be
18 issued in lieu of such bonds may be conducted at the same
19 time.
20 Notwithstanding any other provision of this Section, on
21 and after the effective date of this amendatory Act of 1997,
22 every publication of an ordinance under this Section and
23 every petition filed under this Section must comply with the
24 provisions of this paragraph. The publication shall include
25 a notice of (i) the specific number of voters required to
26 sign a petition requesting the submission of the question to
27 the electors, (ii) the time within which the petition must be
28 filed, and (iii) the date of the prospective referendum. If
29 the ordinance is adopted by a governmental unit other than a
30 county or municipality, the publication also must include a
31 general description of the boundaries of the governmental
32 unit, using easily recognized descriptions. The petition
33 must be signed by voters equal in number to 5% of the total
34 number of voters in the governmental unit who voted at the
-18- LRB9001778DNmb
1 last preceding general election at which electors of the
2 President and Vice-President of the United States were
3 elected. The petition must be filed within 30 days after the
4 publication.
5 (c) To the extent payable from enterprise revenues, such
6 revenues shall have been determined by the governing body to
7 be sufficient to provide for or pay in each year to final
8 maturity of such alternate bonds all of the following: (1)
9 costs of operation and maintenance of the utility or
10 enterprise, but not including depreciation, (2) debt service
11 on all outstanding revenue bonds payable from such enterprise
12 revenues, (3) all amounts required to meet any fund or
13 account requirements with respect to such outstanding revenue
14 bonds, (4) other contractual or tort liability obligations,
15 if any, payable from such enterprise revenues, and (5) in
16 each year, an amount not less than 1.25 times debt service of
17 all (i) alternate bonds payable from such enterprise revenues
18 previously issued and outstanding and (ii) alternate bonds
19 proposed to be issued. To the extent payable from one or
20 more revenue sources, such sources shall have been determined
21 by the governing body to provide in each year, an amount not
22 less than 1.25 times debt service of all alternate bonds
23 payable from such revenue sources previously issued and
24 outstanding and alternate bonds proposed to be issued. The
25 conditions enumerated in this subsection (c) need not be met
26 for that amount of debt service provided for by the setting
27 aside of proceeds of bonds or other moneys at the time of the
28 delivery of such bonds.
29 (d) The determination of the sufficiency of enterprise
30 revenues or a revenue source, as applicable, shall be
31 supported by reference to the most recent audit of the
32 governmental unit, which shall be for a fiscal year ending
33 not earlier than 18 months previous to the time of issuance
34 of the alternate bonds. If such audit does not adequately
-19- LRB9001778DNmb
1 show such enterprise revenues or revenue source, as
2 applicable, or if such enterprise revenues or revenue source,
3 as applicable, are shown to be insufficient, then the
4 determination of sufficiency shall be supported by the report
5 of an independent accountant or feasibility analyst having a
6 national reputation for expertise in such matters,
7 demonstrating the sufficiency of such revenues and
8 explaining, if appropriate, by what means the revenues will
9 be greater than as shown in the audit. Whenever such
10 sufficiency is demonstrated by reference to a schedule of
11 higher rates or charges for enterprise revenues or a higher
12 tax imposition for a revenue source, such higher rates,
13 charges or taxes shall have been properly imposed by an
14 ordinance adopted prior to the time of delivery of alternate
15 bonds. The reference to and acceptance of an audit or
16 report, as the case may be, and the determination of the
17 governing body as to sufficiency of enterprise revenues or a
18 revenue source shall be conclusive evidence that the
19 conditions of this Section have been met and that the
20 alternate bonds are valid.
21 (e) The enterprise revenues or revenue source, as
22 applicable, shall be in fact pledged to the payment of the
23 alternate bonds; and the governing body shall covenant, to
24 the extent it is empowered to do so, to provide for, collect
25 and apply such enterprise revenues or revenue source, as
26 applicable, to the payment of the alternate bonds and the
27 provision of not less than an additional .25 times debt
28 service. The pledge and establishment of rates or charges
29 for enterprise revenues, or the imposition of taxes in a
30 given rate or amount, as provided in this Section for
31 alternate bonds, shall constitute a continuing obligation of
32 the governmental unit with respect to such establishment or
33 imposition and a continuing appropriation of the amounts
34 received. All covenants relating to alternate bonds and the
-20- LRB9001778DNmb
1 conditions and obligations imposed by this Section are
2 enforceable by any bondholder of alternate bonds affected,
3 any taxpayer of the governmental unit, and the People of the
4 State of Illinois acting through the Attorney General or any
5 designee, and in the event that any such action results in an
6 order finding that the governmental unit has not properly set
7 rates or charges or imposed taxes to the extent it is
8 empowered to do so or collected and applied enterprise
9 revenues or any revenue source, as applicable, as required by
10 this Act, the plaintiff in any such action shall be awarded
11 reasonable attorney's fees. The intent is that such
12 enterprise revenues or revenue source, as applicable, shall
13 be sufficient and shall be applied to the payment of debt
14 service on such alternate bonds so that taxes need not be
15 levied, or if levied need not be extended, for such payment.
16 Nothing in this Section shall inhibit or restrict the
17 authority of a governing body to determine the lien priority
18 of any bonds, including alternate bonds, which may be issued
19 with respect to any enterprise revenues or revenue source.
20 In the event that alternate bonds shall have been issued
21 and taxes, other than a designated revenue source, shall have
22 been extended pursuant to the general obligation, full faith
23 and credit promise supporting such alternate bonds, then the
24 amount of such alternate bonds then outstanding shall be
25 included in the computation of indebtedness of the
26 governmental unit for purposes of all statutory provisions or
27 limitations until such time as an audit of the governmental
28 unit shall show that the alternate bonds have been paid from
29 the enterprise revenues or revenue source, as applicable,
30 pledged thereto for a complete fiscal year.
31 Alternate bonds may be issued to refund or advance refund
32 alternate bonds without meeting any of the conditions set
33 forth in this Section, except that the term of the refunding
34 bonds shall not be longer than the term of the refunded bonds
-21- LRB9001778DNmb
1 and that the debt service payable in any year on the
2 refunding bonds shall not exceed the debt service payable in
3 such year on the refunded bonds.
4 Once issued, alternate bonds shall be and forever remain
5 until paid or defeased the general obligation of the
6 governmental unit, for the payment of which its full faith
7 and credit are pledged, and shall be payable from the levy of
8 taxes as is provided in this Act for general obligation
9 bonds.
10 The changes made by this amendatory Act of 1990 do not
11 affect the validity of bonds authorized before September 1,
12 1990.
13 (Source: P.A. 85-1419; 86-1179.)
14 Section 25. The Property Tax Code is amended by changing
15 Section 18-120 as follows:
16 (35 ILCS 200/18-120)
17 Sec. 18-120. Increase or decrease of rate limit. This
18 Sec. applies only to rates which are specifically made
19 subject to increase or decrease according to the referendum
20 provisions of the General Revenue Law of Illinois. The
21 question of establishing a maximum tax rate limit other than
22 that applicable to the next taxes to be extended may be
23 presented to the legal voters of any taxing district by
24 resolution of the corporate authorities of the taxing
25 district at any regular election. Whenever any taxing
26 district establishes a maximum tax rate lower than that
27 otherwise applicable, it shall publish the ordinance or
28 resolution establishing the maximum tax rate in one or more
29 newspapers in the district within 10 days after the maximum
30 tax rate is established. If no newspaper is published in the
31 district, the ordinance or resolution shall be published in a
32 newspaper having general circulation within the district.
-22- LRB9001778DNmb
1 The publication of the ordinance or resolution shall include
2 a notice of (a) the specific number of voters required to
3 sign a petition requesting that the question of the adoption
4 of the maximum tax rate be submitted to the voters of the
5 district; (b) the time within which the petition must be
6 filed; and (c) the date of the prospective referendum. The
7 district clerk or secretary shall provide a petition form to
8 any individual requesting one.
9 Either in response to the taxing district's publication
10 or by the voters' own initiative, the question of
11 establishing a maximum tax rate lower than that in effect
12 shall be submitted to the voters of any taxing district at
13 the regular election for officers of the taxing district in
14 accordance with the general election law, but only if the
15 voters have submitted a petition signed by not fewer than 10%
16 of the legal voters in the taxing district. That percentage
17 shall be based on the number of votes cast at the last
18 general election preceding the filing of the petition. The
19 petition shall specify the tax rate to be submitted. The
20 petition shall be filed with the clerk, secretary or other
21 recording officer of the taxing district not more than 10
22 months nor less than 6 months prior to the election at which
23 the question is to be submitted to the voters, and its
24 validity shall be determined as provided by the general
25 election law. The officer receiving the petition shall
26 certify the question to the proper election officials, who
27 shall submit the question to the voters.
28 Notice shall be given in the manner provided by the
29 general election law.
30 Notwithstanding any other provision of this Section, on
31 and after the effective date of this amendatory Act of 1997,
32 every publication or posting of an ordinance or resolution
33 under this Section and every petition filed under this
34 Section must comply with the provisions of this paragraph.
-23- LRB9001778DNmb
1 The publication or posting shall include a notice of (i) the
2 specific number of voters required to sign a petition
3 requesting the submission of the question to the electors,
4 (ii) the time within which the petition must be filed, and
5 (iii) the date of the prospective referendum. If the
6 ordinance is adopted by a taxing district other than a county
7 or municipality, the publication or posting also must include
8 a general description of the boundaries of the taxing
9 district, using easily recognized descriptions. The petition
10 must be signed by voters equal in number to 5% of the total
11 number of voters in the taxing district who voted at the last
12 preceding general election at which electors of the President
13 and Vice-President of the United States were elected. The
14 petition must be filed within 30 days after the publication
15 or posting.
16 (Source: P.A. 86-1253; 88-455.)
17 Section 30. The Counties Code is amended by changing
18 Sections 5-15006, 5-23023, 5-38008, 6-3003, 6-3007, 6-3012,
19 6-4007, and 6-4008 as follows:
20 (55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
21 Sec. 5-15006. Exercise of powers. The powers granted in
22 this Division relative to waterworks systems and sewerage
23 systems shall be exercised only in areas which do not have
24 available similar services provided by another governmental
25 unit, unless requested by such governmental unit pursuant to
26 an ordinance or a resolution passed by its governing body.
27 After such ordinance or resolution has been adopted it shall
28 be published at least once in a newspaper having a general
29 circulation in such governmental unit. The publication of the
30 ordinance or resolution shall be accompanied by a notice of
31 the (1) specific number of voters required to sign a petition
32 requesting the question of the exercise of such powers by the
-24- LRB9001778DNmb
1 county within such governmental unit to be submitted to the
2 electors; (2) the time in which such petition must be filed;
3 and (3) the date of the prospective referendum. The clerk of
4 the governmental unit shall provide a petition form to any
5 individual requesting one.
6 Notwithstanding any other provision of this Section, on
7 and after the effective date of this amendatory Act of 1997,
8 every publication or posting of an ordinance or resolution
9 under this Section and every petition filed under this
10 Section must comply with the provisions of this paragraph.
11 The publication or posting shall include a notice of (i) the
12 specific number of voters required to sign a petition
13 requesting the submission of the question to the electors,
14 (ii) the time within which the petition must be filed, and
15 (iii) the date of the prospective referendum. The
16 publication or posting also must include a general
17 description of the boundaries of the governmental unit, using
18 easily recognized descriptions. The petition must be signed
19 by voters equal in number to 5% of the total number of voters
20 in the governmental unit who voted at the last preceding
21 general election at which electors of the President and
22 Vice-President of the United States were elected. The
23 petition must be filed within 30 days after the publication
24 or posting.
25 If no petition is filed with the clerk of such
26 governmental unit, as hereinafter provided in this section,
27 within 15 days after the publication of the ordinance or
28 resolution, the ordinance or resolution shall be in effect
29 after the expiration of that 15-day period, but if within
30 that 15-day period a petition is filed with the clerk of the
31 governmental unit, signed by 300 legal voters or by one fifth
32 of all the legal voters residing within the limits of the
33 governmental unit, whichever is less, asking that the
34 question of the exercise of such powers by the county within
-25- LRB9001778DNmb
1 such governmental unit, as provided in the ordinance or
2 resolution, be submitted to the legal voters of the
3 governmental unit, the governing body of the governmental
4 unit, by ordinance, shall provide for a referendum within
5 such governmental unit on the question of the exercise of
6 such powers therein by the county. The clerk shall certify
7 the ordinance or resolution and the question to the proper
8 election officials who shall submit the proposition at an
9 election in accordance with the general election law.
10 However, an incidental duplication of functions shall not
11 impair or prevent the primary exercise of the powers herein
12 conferred.
13 Any county exercising the powers granted by this Division
14 relative to waste management, shall do so only after adopting
15 a solid waste management plan as that term is described in
16 the Local Solid Waste Disposal Act, as now or hereafter
17 amended. All powers, other than those relative to water
18 works systems and sewerage systems granted by this Division,
19 may be exercised throughout the county, without exception;
20 provided that a municipality which is located in 2 or more
21 counties, one of which is a home rule county, may, by
22 ordinance, sever itself from county jurisdiction relative to
23 waste management if the municipality is a member of a
24 Municipal Joint Action Agency formed prior to June 15, 1988
25 pursuant to Section 3.2 of the Intergovernmental Cooperation
26 Act.
27 (Source: P.A. 86-962.)
28 (55 ILCS 5/5-23023) (from Ch. 34, par. 5-23023)
29 Sec. 5-23023. Bond maturity limitation referendum.
30 Before any such county shall be authorized to issue bonds, as
31 in this Division provided, having a maturity later than
32 January first of the second calendar year following the
33 period of years for which such additional tax for
-26- LRB9001778DNmb
1 tuberculosis sanitarium purposes was voted (which January
2 first of such year is hereafter referred to as the "maturity
3 limitation heretofore mentioned"):
4 (a) The County Board shall adopt a resolution of
5 determination to construct or improve a tuberculosis
6 sanitarium and declare its intention to issue bonds
7 therefor. Said resolution shall set forth the amount of
8 bonds proposed to be issued and provide that notice of
9 intention to issue such bonds be published at least once
10 in a newspaper published and having a general circulation
11 in such county if there be one, or, if there be no such
12 newspaper, then such notice shall be posted in at least
13 three public places in such county. The notice of
14 intention to issue bonds as herein provided shall state
15 the purpose for which bonds are to be issued, the date
16 upon which the resolution of intention was adopted by the
17 County Board, the amount of bonds to be issued, the time
18 within which a petition may be filed requesting
19 submission to the legal voters of such county of the
20 proposition to issue the bonds, the specific number of
21 voters required to sign the petition and the date of the
22 prospective referendum. The county clerk shall provide a
23 petition form to any individual requesting one.
24 (b) If, within 30 days after publication or posting
25 of such notice, a petition is filed with the County Clerk
26 signed by voters of the county numbering 10% or more of
27 the registered voters of the county requesting that the
28 proposition to issue said bonds as authorized by this
29 Division be submitted to the legal voters of such county,
30 then such county shall not be authorized to issue said
31 bonds until the proposition has been submitted to and
32 approved by a majority of the legal voters voting on the
33 proposition at a regular election. The number of legal
34 voters shall be determined from the total votes cast at
-27- LRB9001778DNmb
1 the last preceding election held in said county for the
2 election of county officers. The county board shall
3 certify the resolution and the proposition to the proper
4 election officials, who shall submit the proposition at
5 an election in accordance with the general election law.
6 If no petition for referendum with the requisite number
7 of signatures is filed within the time herein provided, it
8 shall not be necessary for the County Board to cause
9 submission to the legal voters of such county the question of
10 issuing such bonds.
11 Notwithstanding any other provision of this Section, on
12 and after the effective date of this amendatory Act of 1997,
13 every publication or posting of a resolution under this
14 Section and every petition filed under this Section must
15 comply with the provisions of this paragraph. The
16 publication or posting shall include a notice of (i) the
17 specific number of voters required to sign a petition
18 requesting the submission of the question to the electors,
19 (ii) the time within which the petition must be filed, and
20 (iii) the date of the prospective referendum. The petition
21 must be signed by voters equal in number to 5% of the total
22 number of voters in the county who voted at the last
23 preceding general election at which electors of the President
24 and Vice-President of the United States were elected. The
25 petition must be filed within 30 days after the publication
26 or posting.
27 (Source: P.A. 86-962; 87-767.)
28 (55 ILCS 5/5-38008) (from Ch. 34, par. 5-38008)
29 Sec. 5-38008. Annual tax levy. An annual tax of not to
30 exceed .04%, or the rate limit in effect on July 1, 1967,
31 whichever is greater, of the value, as equalized or assessed
32 by the Department of Revenue, of all taxable property within
33 each county which has established a public county library
-28- LRB9001778DNmb
1 service may be assessed, levied and collected by that county
2 in the manner provided for the assessment, levy and
3 collection of other taxes for county purposes.
4 Such tax rate may be increased in excess of .04% but not
5 in excess of .08% of the value, as equalized or assessed by
6 the Department of Revenue under the following terms and
7 conditions. Prior to the levy and collection of such a tax,
8 the county board shall adopt a resolution authorizing the
9 levy and collection of the tax at a rate not in excess of
10 .08% of the value of all taxable property within the county
11 as equalized or assessed by the Department of Revenue, and,
12 within fifteen days after the adoption of such a resolution,
13 it shall be published once in a newspaper published or having
14 a general circulation in the county. The publication of the
15 resolution shall include a notice of (1) the specific number
16 of voters required to sign a petition requesting that the
17 question of the adoption of the resolution be submitted to
18 the electors of the county; (2) the time in which the
19 petition must be filed; and (3) the date of the prospective
20 referendum. The county clerk shall provide a petition form
21 to any individual requesting one.
22 If no petition is filed in the office of the county
23 clerk, as hereinafter provided in this Section, within 30
24 days after the publication of the resolution, or if all such
25 petitions so filed are determined to be invalid or
26 insufficient, the resolution shall be in effect. But, if
27 within that 30 day period a petition is filed in the office
28 of the county clerk, signed by electors numbering not less
29 than 5% of the number of electors residing within the county,
30 asking that the question of levying and collecting such tax
31 be submitted to the electors of the county, the board shall
32 certify that question to the proper election officials, who
33 shall submit the question at an election in accordance with
34 the general election law. If a majority of electors voting
-29- LRB9001778DNmb
1 upon the question voted in favor of the levy and collection
2 of the tax provided for, such county shall be authorized and
3 empowered to levy and collect such tax annually, but if a
4 majority of the electors voting upon the question are not in
5 favor thereof, the resolution shall not take effect.
6 Notwithstanding any other provision of this Section, on
7 and after the effective date of this amendatory Act of 1997,
8 every publication or posting of a resolution under this
9 Section and every petition filed under this Section must
10 comply with the provisions of this paragraph. The
11 publication or posting shall include a notice of (i) the
12 specific number of voters required to sign a petition
13 requesting the submission of the question to the electors,
14 (ii) the time within which the petition must be filed, and
15 (iii) the date of the prospective referendum. The petition
16 must be signed by voters equal in number to 5% of the total
17 number of voters in the county who voted at the last
18 preceding general election at which electors of the President
19 and Vice-President of the United States were elected. The
20 petition must be filed within 30 days after the publication
21 or posting.
22 Such tax rate may be increased to not to exceed .20% of
23 the value, as equalized or assessed by the Department of
24 Revenue, if the voters in such county shall so determine by a
25 majority of those voting upon the proposition at any regular
26 election. The proposition shall be in substantially the
27 following form:
28 -------------------------------------------------------------
29 Shall the annual tax rate for
30 county library purposes in...... YES
31 County be increased from not to
32 exceed (insert present maximum -------------------------
33 rate) to not to exceed .20% of
34 the assessed value of all taxable NO
-30- LRB9001778DNmb
1 property within the county?
2 -------------------------------------------------------------
3 Any such tax authorized by the voters shall not be
4 included within any constitutional or statutory limitation
5 for county purposes, but shall be excluded therefrom and be
6 in addition thereto and in excess thereof. The foregoing
7 limitations upon tax rates may be increased or decreased
8 under the referendum provisions of the General Revenue Law of
9 Illinois.
10 (Source: P.A. 86-962.)
11 (55 ILCS 5/6-3003) (from Ch. 34, par. 6-3003)
12 Sec. 6-3003. Petition for referendum; election. The
13 publication or posting of the resolution shall be accompanied
14 by a notice of (1) the specific number of voters required to
15 sign a petition requesting the question of issuing bonds for
16 the purpose of obtaining funds to construct, expand, or
17 remodel a county jail and sheriff's residence to be submitted
18 to the electors; (2) the time in which such petition must be
19 filed; and (3) the date of the prospective referendum. The
20 county clerk shall provide a petition form to any individual
21 requesting one. If a petition is filed with the county clerk
22 not later than 30 days after the first publication or the
23 posting of the resolution, signed by voters of the county
24 numbering 10% or more of the number of the registered voters
25 in the county, requesting such clerk to call an election to
26 vote upon the proposition of issuing bonds for the purpose of
27 obtaining funds to construct, expand, or remodel a county
28 jail and sheriff's residence, it shall be the duty of such
29 county clerk to certify the proposition to the proper
30 election officials, who shall submit the proposition to the
31 voters at an election in accordance with the general election
32 law.
33 Notwithstanding any other provision of this Section, on
-31- LRB9001778DNmb
1 and after the effective date of this amendatory Act of 1997,
2 every publication or posting of a resolution under this
3 Section and every petition filed under this Section must
4 comply with the provisions of this paragraph. The
5 publication or posting shall include a notice of (i) the
6 specific number of voters required to sign a petition
7 requesting the submission of the question to the electors,
8 (ii) the time within which the petition must be filed, and
9 (iii) the date of the prospective referendum. The petition
10 must be signed by voters equal in number to 5% of the total
11 number of voters in the county who voted at the last
12 preceding general election at which electors of the President
13 and Vice-President of the United States were elected. The
14 petition must be filed within 30 days after the publication
15 or posting.
16 The proposition shall be substantially in the following
17 form:
18 -------------------------------------------------------------
19 Shall..... county issue bonds YES
20 in the amount of $.... to construct, -----------------------
21 expand, or remodel a county jail NO
22 and sheriff's residence?
23 -------------------------------------------------------------
24 If a majority of the voters voting upon the aforesaid
25 proposition vote in favor of it, the bonds may be issued by
26 such county, but if a majority of the voters voting upon the
27 proposition vote against said proposition the county may not
28 issue bonds for the purpose of constructing, expanding, or
29 remodeling a county jail and sheriff's residence under the
30 provisions of this Division.
31 (Source: P.A. 87-767; 88-572, eff. 8-11-94; 88-661, eff.
32 9-16-94.)
33 (55 ILCS 5/6-3007) (from Ch. 34, par. 6-3007)
-32- LRB9001778DNmb
1 Sec. 6-3007. Publication of resolution. After the
2 resolution of the county board providing for the issuance of
3 bonds has been adopted, it shall be published in one or more
4 newspapers of general circulation in the county, once each
5 week for three weeks. If there is no newspaper of general
6 circulation in the county, then copies of the resolution
7 shall be posted in at least five of the most public places in
8 the county seat of the county. The publication or posting of
9 the resolution shall include a notice of (1) the specific
10 number of voters required to sign a petition requesting that
11 the question of the adoption of the resolution be submitted
12 to the voters of the county; (2) the time in which the
13 petition must be filed; and (3) the date of the prospective
14 referendum. The county clerk shall provide a petition form
15 to any individual requesting one.
16 Notwithstanding any other provision of this Section, on
17 and after the effective date of this amendatory Act of 1997,
18 every publication or posting of a resolution under this
19 Section must comply with the provisions of this paragraph.
20 The publication or posting shall include a notice of (i) the
21 specific number of voters required to sign a petition
22 requesting the submission of the question to the electors,
23 (ii) the time within which the petition must be filed, and
24 (iii) the date of the prospective referendum.
25 (Source: P.A. 86-962.)
26 (55 ILCS 5/6-3012) (from Ch. 34, par. 6-3012)
27 Sec. 6-3012. Petition for referendum. If a petition is
28 filed with the county clerk not later than 30 days after the
29 first publication or the posting of the resolution, signed by
30 voters of the county numbering 10% or more of the registered
31 voters in such county, requesting an election to vote upon
32 the proposition of issuing bonds for the purpose of obtaining
33 funds to construct a county jail and sheriff's residence, the
-33- LRB9001778DNmb
1 county clerk shall certify the proposition to the proper
2 election officials, who shall submit the proposition to the
3 voters at an election in accordance with the general election
4 law.
5 Notwithstanding any other provision of this Section, on
6 and after the effective date of this amendatory Act of 1997,
7 every petition filed under this Section must comply with the
8 provisions of this paragraph. The petition must be signed by
9 voters equal in number to 5% of the total number of voters in
10 the county who voted at the last preceding general election
11 at which electors of the President and Vice-President of the
12 United States were elected. The petition must be filed
13 within 30 days after the publication or posting.
14 The ballot shall be substantially in the following form:
15 -------------------------------------------------------------
16 Shall .... county issue bonds YES
17 in the amount of ..... to construct ----------------------
18 a county jail? NO
19 -------------------------------------------------------------
20 If a majority of the voters voting upon the aforesaid
21 proposition vote in favor of it, the bonds may be issued by
22 such county, but if a majority of the voters voting upon the
23 proposition vote against the proposition, the county may not
24 issue bonds for the purpose of constructing a county jail
25 under the provisions of this Division.
26 (Source: P.A. 86-962; 87-767.)
27 (55 ILCS 5/6-4007) (from Ch. 34, par. 6-4007)
28 Sec. 6-4007. Publication of resolution. After the
29 resolution of the county board providing for the
30 establishment of an annual levy has been adopted, it shall be
31 published in some newspaper of general circulation in the
32 county, once each week for 3 weeks. If there is no newspaper
-34- LRB9001778DNmb
1 of general circulation in the county, then copies of the
2 resolution shall be posted in at least 5 of the most public
3 places in the county seat of the county.
4 The publication or posting of the resolution shall
5 include a notice of (1) the specific number of voters
6 required to sign a petition requesting that the question of
7 the adoption of the tax levy be submitted to the voters of
8 the county; (2) the time within which the petition must be
9 filed; and (3) the date of the prospective referendum. The
10 county clerk shall provide a petition form to any individual
11 requesting one.
12 Notwithstanding any other provision of this Section, on
13 and after the effective date of this amendatory Act of 1997,
14 every publication or posting of a resolution under this
15 Section must comply with the provisions of this paragraph.
16 The publication or posting shall include a notice of (i) the
17 specific number of voters required to sign a petition
18 requesting the submission of the question to the electors,
19 (ii) the time within which the petition must be filed, and
20 (iii) the date of the prospective referendum.
21 (Source: P.A. 86-962; 86-1253.)
22 (55 ILCS 5/6-4008) (from Ch. 34, par. 6-4008)
23 Sec. 6-4008. Petition for referendum. If a petition is
24 filed with the county clerk not later than 28 days after the
25 first publication or the posting of the resolution, signed by
26 not less than 5% of the number of legal voters who voted at
27 the last general election in such county, requesting that the
28 question of establishing an annual tax levy for the purpose
29 of obtaining funds to construct, reconstruct or remodel a
30 courthouse be submitted to the electors of the county, the
31 county clerk shall certify the question to the proper
32 election officials for submission at the next regular
33 scheduled election in accordance with the general election
-35- LRB9001778DNmb
1 law.
2 Notwithstanding any other provision of this Section, on
3 and after the effective date of this amendatory Act of 1997,
4 every petition filed under this Section must comply with the
5 provisions of this paragraph. The petition must be signed by
6 voters equal in number to 5% of the total number of voters in
7 the county who voted at the last preceding general election
8 at which electors of the President and Vice-President of the
9 United States were elected. The petition must be filed
10 within 30 days after the publication or posting.
11 The question shall be substantially in the
12 following form:
13 -------------------------------------------------------------
14 Shall .............. county issue bond YES
15 in the amount of $........ to construct -------------------
16 (or reconstruct or remodel a courthouse)? NO
17 -------------------------------------------------------------
18 The election shall be conducted in accordance with the
19 general election law, at the nonpartisan election in 1981.
20 If a majority of the voters voting upon the aforesaid
21 question vote in favor of it, the bonds may be issued by such
22 county, but if a majority of the voters voting upon the
23 question vote against the question the county may not issue
24 bonds for the purpose of constructing, reconstructing, or
25 remodeling a courthouse under the provisions of this
26 Division.
27 (Source: P.A. 86-962.)
28 Section 35. The County Economic Development Project Area
29 Property Tax Allocation Act is amended by changing Section 8
30 as follows:
31 (55 ILCS 85/8) (from Ch. 34, par. 7008)
32 Sec. 8. Issuance of obligations for economic development
-36- LRB9001778DNmb
1 project costs. Obligations secured by the special tax
2 allocation fund provided for in Section 7 for an economic
3 development project area may be issued to provide for
4 economic development project costs. Those obligations, when
5 so issued, shall be retired in the manner provided in the
6 ordinance authorizing the issuance of the obligations by the
7 receipts of taxes levied as specified in Section 6 against
8 the taxable property included in the economic development
9 project area and by other revenues designated or pledged by
10 the county. A county may in the ordinance pledge all or any
11 part of the funds in and to be deposited in the special tax
12 allocation fund created pursuant to Section 7 to the payment
13 of the economic development project costs and obligations.
14 Whenever a county pledges all of the funds to the credit of a
15 special tax allocation fund to secure obligations issued or
16 to be issued to pay economic development project costs, the
17 county may specifically provide that funds remaining to the
18 credit of such special tax allocation fund after the payment
19 of such obligations shall be accounted for annually and shall
20 be deemed to be "surplus" funds, and such "surplus" funds
21 shall be distributed as hereinafter provided. Whenever a
22 county pledges less than all of the monies to the credit of a
23 special tax allocation fund to secure obligations issued or
24 to be issued to pay economic development project costs, the
25 county shall provide that monies to the credit of a special
26 tax allocation fund and not subject to such pledge or
27 otherwise encumbered or required for payment of contractual
28 obligations for specified economic development project costs
29 shall be calculated annually and shall be deemed to be
30 "surplus" funds, and such "surplus" funds shall be
31 distributed as hereinafter provided. All funds to the credit
32 of a special tax allocation fund which are deemed to be
33 "surplus" funds shall be distributed annually within 180 days
34 after the close of the county's fiscal year by being paid by
-37- LRB9001778DNmb
1 the county treasurer to the county collector. The county
2 collector shall thereafter make distribution to the
3 respective taxing districts in the same manner and proportion
4 as the most recent distribution by the county collector to
5 those taxing districts of real property taxes from real
6 property in the economic development project area.
7 Without limiting the foregoing in this Section the county
8 may, in addition to obligations secured by the special tax
9 allocation fund, pledge for a period not greater than the
10 term of the obligations towards payment of those obligations
11 any part or any combination of the following: (i) net
12 revenues of all or part of any economic development project;
13 (ii) taxes levied and collected on any or all property in the
14 county, including, specifically, taxes levied or imposed by
15 the county in a special service area pursuant to "An Act to
16 provide the manner of levying or imposing taxes for the
17 provision of special services to areas within the boundaries
18 of home rule units and non-home rule municipalities and
19 counties", approved September 21, 1973; (iii) the full faith
20 and credit of the county; (iv) a mortgage on part or all of
21 the economic development project; or (v) any other taxes or
22 anticipated receipts that the county may lawfully pledge.
23 Such obligations may be issued in one or more series
24 bearing interest at such rate or rates as the corporate
25 authorities of the county shall determine by ordinance, which
26 rate or rates may be variable or fixed, without regard to any
27 limitations contained in any law now in effect or hereafter
28 adopted. Such obligations shall bear such date or dates,
29 mature at such time or times not exceeding 20 years from
30 their respective dates, but in no event exceeding 23 years
31 from the date of establishment of the economic development
32 project area, be in such denomination, be in such form,
33 whether coupon, registered or book-entry, carry such
34 registration, conversion and exchange privileges, be executed
-38- LRB9001778DNmb
1 in such manner, be payable in such medium of payment at such
2 place or places within or without the State of Illinois,
3 contain such covenants, terms and conditions, be subject to
4 redemption with or without premium, be subject to defeasance
5 upon such terms, and have such rank or priority, as such
6 ordinance shall provide. Obligations issued pursuant to this
7 Act may be sold at public or private sale at such price as
8 shall be determined by the corporate authorities of the
9 counties. Such obligations may, but need not, be issued
10 utilizing the provisions of any one or more of the omnibus
11 bond Acts specified in Section 1.33 of "An Act to revise the
12 law in relation to the construction of the statutes",
13 approved March 5, 1874, as such term is defined in the
14 Statute on Statutes. No referendum approval of the electors
15 shall be required as a condition to the issuance of
16 obligations pursuant to this Act except as provided in this
17 Section.
18 In the event the county (i) authorizes the issuance of
19 obligations pursuant to the authority of this Act and secured
20 by the full faith and credit of the county or (ii) pledges
21 taxes levied and collected on any or all property in the
22 county, which obligations or taxes are not obligations or
23 taxes authorized under home rule powers pursuant to Section 6
24 of Article VII of the Illinois Constitution of 1970, or are
25 not obligations or taxes authorized under "An Act to provide
26 the manner of levying or imposing taxes for the provision of
27 special services to areas within the boundaries of home rule
28 units and non-home rule municipalities and counties",
29 approved September 21, 1973, the ordinance authorizing the
30 issuance of those obligations or pledging those taxes shall
31 be published within 10 days after the ordinance has been
32 adopted, in one or more newspapers having a general
33 circulation within the county. The publication of the
34 ordinance shall be accompanied by a notice of (1) the
-39- LRB9001778DNmb
1 specific number of voters required to sign a petition
2 requesting the questions of the issuance of the obligations
3 or pledging ad valorem taxes to be submitted to the electors;
4 (2) the time within which the petition must be filed; and (3)
5 the date of the prospective referendum. The county clerk
6 shall provide a petition form to any individual requesting
7 one.
8 Notwithstanding any other provision of this Section, on
9 and after the effective date of this amendatory Act of 1997,
10 every petition filed under this Section must comply with the
11 provisions of this paragraph. The petition must be signed by
12 voters equal in number to 5% of the total number of voters in
13 the county who voted at the last preceding general election
14 at which electors of the President and Vice-President of the
15 United States were elected. The petition must be filed
16 within 30 days after the publication or posting.
17 If no petition is filed with the county clerk, as
18 hereinafter provided in this Section, within 30 21 days after
19 the publication of the ordinance, the ordinance shall be in
20 effect. However, if within that 30 21 day period a petition
21 is filed with the county clerk, signed by electors numbering
22 not less than 5% of the number of legal voters who voted at
23 the last general election in such county, asking that the
24 question of issuing obligations using the full faith and
25 credit of the county as security for the cost of paying for
26 economic development project costs, or of pledging ad valorem
27 taxes for the payment of those obligations, or both, be
28 submitted to the electors of the county, the county shall not
29 be authorized to issue obligations of the county using the
30 full faith and credit of the county as security or pledging
31 ad valorem taxes for the payment of those obligations, or
32 both, until the proposition has been submitted to and
33 approved by a majority of the voters voting on the
34 proposition at a regularly scheduled election. The county
-40- LRB9001778DNmb
1 shall certify the proposition to the proper election
2 authorities for submission in accordance with the general
3 election law.
4 The ordinance authorizing the obligations may provide
5 that the obligations shall contain a recital that they are
6 issued pursuant to this Act, which recital shall be
7 conclusive evidence of their validity and of the regularity
8 of their issuance.
9 In the event the county authorizes issuance of
10 obligations pursuant to this Act secured by the full faith
11 and credit of the county, the ordinance authorizing the
12 obligations may provide for the levy and collection of a
13 direct annual tax upon all taxable property within the county
14 sufficient to pay the principal thereof and interest thereon
15 as it matures, which levy may be in addition to and exclusive
16 of the maximum of all other taxes authorized to be levied by
17 the county, which levy, however, shall be abated to the
18 extent that monies from other sources are available for
19 payment of the obligations and the county certifies the
20 amount of those monies available to the county clerk.
21 A certified copy of the ordinance shall be filed with the
22 county clerk and shall constitute the authority for the
23 extension and collection of the taxes to be deposited in the
24 special tax allocation fund.
25 A county may also issue its obligations to refund, in
26 whole or in part, obligations theretofore issued by the
27 county under the authority of this Act, whether at or prior
28 to maturity. However, the last maturity of the refunding
29 obligations shall not be expressed to mature later than 23
30 years from the date of the ordinance establishing the
31 economic development project area.
32 In the event a county issues obligations under home rule
33 powers and other legislative authority, including
34 specifically, "An Act to provide the manner of levying or
-41- LRB9001778DNmb
1 imposing taxes for the provisions of special services to
2 areas within the boundaries of home rule units and non-home
3 rule municipalities and counties", approved September 21,
4 1973, the proceeds of which are pledged to pay for economic
5 development project costs, the county may, if it has followed
6 the procedures in conformance with this Act, retire those
7 obligations from funds in the special tax allocation fund in
8 amount and in such manner as if those obligations had been
9 issued pursuant to the provisions of this Act.
10 No obligations issued pursuant to this Act shall be
11 regarded as indebtedness of the county issuing those
12 obligations for the purpose of any limitation imposed by law.
13 Obligations issued pursuant to this Act shall not be
14 subject to the provisions of "An Act to authorize public
15 corporations to issue bonds, other evidences of indebtedness
16 and tax anticipation warrants subject to interest rate
17 limitations set forth therein", approved May 26, 1979.
18 (Source: P.A. 86-1388.)
19 Section 40. The County Economic Development Project Area
20 Tax Increment Allocation Act of 1991 is amended by changing
21 Section 55 as follows:
22 (55 ILCS 90/55) (from Ch. 34, par. 8055)
23 Sec. 55. Issuance of obligations for economic
24 development project costs.
25 (a) Obligations secured by the special tax allocation
26 fund provided for in Section 50 for the economic development
27 project area may be issued to provide for the payment of
28 economic development project costs. The obligations, when
29 issued, shall be retired in the manner provided in the
30 ordinance authorizing the issuance of the obligations by the
31 receipts of taxes levied as specified in Section 45 against
32 the taxable property included in the economic development
-42- LRB9001778DNmb
1 project area and by other revenue designated or pledged by
2 the county. A county may in the ordinance pledge all or any
3 part of the monies in and to be deposited into the special
4 tax allocation fund created under Section 50 to the payment
5 of the economic development project costs and obligations.
6 Whenever a county pledges all of the monies to the credit of
7 a special tax allocation fund to secure obligations issued or
8 to be issued to pay economic development project costs, the
9 county may specifically provide that monies remaining to the
10 credit of the special tax allocation fund after the payment
11 of the obligations shall be accounted for annually and shall
12 be deemed to be "surplus" monies, and those "surplus" monies
13 shall be distributed as provided in this Section. Whenever a
14 county pledges less than all of the monies to the credit of
15 the special tax allocation fund to secure obligations issued
16 or to be issued to pay economic development project costs,
17 the county shall provide that monies to the credit of the
18 special tax allocation fund and not subject to the pledge or
19 otherwise encumbered or required for payment of contractual
20 obligations for specific economic development project costs
21 shall be calculated annually and shall be deemed to be
22 "surplus" monies, and those "surplus" monies shall be
23 distributed as provided in this Section. All monies to the
24 credit of the special tax allocation fund that are deemed to
25 be "surplus" monies shall be distributed annually within 180
26 days after the close of the county's fiscal year by being
27 paid by the county treasurer to the county collector. The
28 county collector shall thereafter make distribution to the
29 respective taxing districts in the same manner and proportion
30 as the most recent distribution by the county collector to
31 those taxing districts of real property taxes from real
32 property in the economic development project area.
33 (b) Without limiting the provisions of subsection (a),
34 the county may, in addition to obligations secured by the
-43- LRB9001778DNmb
1 special tax allocation fund, pledge (for a period not greater
2 than the term of the obligations) towards payment of those
3 obligations any part or any combination of the following:
4 (i) net revenues of all or part of the economic development
5 project; (ii) taxes levied and collected on any or all
6 property in the county including, specifically, taxes levied
7 or imposed by the county in a special service area under the
8 Special Service Area Tax Act; (iii) the full faith and credit
9 of the county; (iv) a mortgage on part or all of the economic
10 development project; or (v) any other taxes or anticipated
11 receipts that the county may lawfully pledge.
12 (c) The obligations may be issued in one or more series
13 bearing interest at a rate or rates the county determines by
14 ordinance. The rate or rates may be variable or fixed,
15 without regard to any limitations contained in any law now in
16 effect or hereafter adopted. The obligations shall bear a
17 date or dates, mature at a time or times not exceeding 20
18 years from their respective dates (but in no event exceeding
19 23 years from the date of establishment of the economic
20 development project area), be in a denomination, be in a form
21 (whether coupon, registered, or book-entry), carry
22 registration, conversion, and exchange privileges, be
23 executed in a manner, be payable in a medium of payment at a
24 place or places within or without the State of Illinois,
25 contain covenants, terms, and conditions, be subject to
26 redemption with or without premium, be subject to defeasance
27 upon terms, and have rank or priority as the ordinance
28 provides. Obligations issued under this Act may be sold at
29 public or private sale at a price determined by the corporate
30 authorities of the county. The obligations may, but need
31 not, be issued utilizing the provisions of any one or more of
32 the Omnibus Bond Acts specified in Section 1.33 of the
33 Statute on Statutes. No referendum approval of the electors
34 shall be required as a condition to the issuance of
-44- LRB9001778DNmb
1 obligations under this Act except as provided in this
2 Section.
3 (d) If the county authorizes the issuance of obligations
4 under this Act secured by the full faith and credit of the
5 county or pledges ad valorem taxes under clause (ii) of
6 subsection (b) of this Section (and the obligations are other
7 than obligations that may be issued under home rule powers
8 provided by Article VII, Section 6 of the Illinois
9 Constitution, or the ad valorem taxes are other than ad
10 valorem taxes that may be pledged under home rule powers
11 provided by Article VII, Section 6 of the Illinois
12 Constitution or that are levied in a special service area
13 under the Special Service Area Tax Act), the ordinance
14 authorizing the issuance of the obligations or pledging those
15 taxes shall be published within 10 days after the ordinance
16 has been passed in one or more newspapers having a general
17 circulation within the county. The publication of the
18 ordinance shall be accompanied by a notice of (i) the
19 specific number of voters required to sign a petition
20 requesting the question of the issuance of the obligations or
21 pledging ad valorem taxes to be submitted to the electors;
22 (ii) the time in which the petition must be filed; and (iii)
23 the date of the prospective referendum. The county clerk
24 shall provide a petition form to any individual requesting
25 one.
26 Notwithstanding any other provision of this Section, on
27 and after the effective date of this amendatory Act of 1997,
28 every publication or posting of an ordinance under this
29 Section and every petition filed under this Section must
30 comply with the provisions of this paragraph. The petition
31 must be signed by voters equal in number to 5% of the total
32 number of voters in the county who voted at the last
33 preceding general election at which electors of the President
34 and Vice-President of the United States were elected. The
-45- LRB9001778DNmb
1 petition must be filed within 30 days after the publication
2 or posting.
3 (e) If no petition is filed with the clerk of the county
4 that adopted the ordinance within 30 21 days after the
5 publication of the ordinance, the ordinance shall be in
6 effect. If, however, within that 30-day 21-day period a
7 petition is filed with the county clerk, signed by electors
8 numbering not less than 5% of the registered voters in the
9 county, asking that the question of issuing obligations using
10 the full faith and credit of the county as security for the
11 cost of paying for economic development project costs or of
12 pledging ad valorem taxes for the payment of those
13 obligations, or both, be submitted to the electors of the
14 county, the county shall not be authorized to issue
15 obligations of the county using the full faith and credit of
16 the county as security or pledging ad valorem taxes for the
17 payment of the obligations, or both, until the proposition
18 has been submitted to and approved by a majority of the
19 voters voting on the proposition at a regularly scheduled
20 election. The county shall certify the proposition to the
21 proper election authorities for submission in accordance with
22 the general election law.
23 (f) The ordinance authorizing the obligations may
24 provide that the obligations shall contain a recital that
25 they are issued under this Act, and that recital shall be
26 conclusive evidence of their validity and of the regularity
27 of their issuance.
28 (g) If the county authorizes the issuance of obligations
29 under this Act secured by the full faith and credit of the
30 county, the ordinance authorizing the obligations may provide
31 for the levy and collection of a direct annual tax upon all
32 taxable property within the county sufficient to pay the
33 principal of and interest on the obligations as it matures.
34 The levy may be in addition to and exclusive of the maximum
-46- LRB9001778DNmb
1 of all other taxes authorized to be levied by the county, but
2 shall be abated to the extent that monies from other sources
3 are available for payment of the obligations and the county
4 certifies the amount of those monies available to the county
5 clerk.
6 (h) A county shall file a certified copy of an ordinance
7 authorizing the issuance of obligations under this Act with
8 the county clerk. The filing shall constitute the authority
9 for the extension and collection of the taxes to be deposited
10 in the special tax allocation fund.
11 (i) A county may also issue its obligations to refund,
12 in whole or in part, obligations previously issued by the
13 county under this Act, whether at or prior to maturity. The
14 last maturity of the refunding obligations, however, shall
15 not be expressed to mature later than 23 years from the date
16 of the ordinance approving the economic development project
17 area.
18 (j) If a county issues obligations under home rule
19 powers or other legislative authority, the proceeds of which
20 are pledged to pay for economic development project costs,
21 the county may, if it has followed the procedures set forth
22 in this Act, retire those obligations from monies in the
23 special tax allocation fund in amounts and a manner as if
24 those obligations had been issued under this Act.
25 (k) No obligations issued under this Act shall be
26 regarded as an indebtedness of the county issuing the
27 obligations or any other taxing district for the purpose of
28 any limitation imposed by law.
29 (l) Obligations issued under this Act shall not be
30 subject to the Bond Authorization Act.
31 (Source: P.A. 87-1.)
32 Section 45. The County Care for Mentally Retarded and
33 Developmentally disabled Persons Act is amended by changing
-47- LRB9001778DNmb
1 Section 2 as follows:
2 (55 ILCS 105/2) (from Ch. 91 1/2, par. 202)
3 Sec. 2. Whenever any county first levies the tax
4 authorized in Section 1, it shall cause the ordinance or
5 resolution levying the tax to be published in one or more
6 newspapers published in the county within 10 days after the
7 levy is made. If no newspaper is published in the county,
8 the ordinance shall be published in a newspaper having
9 general circulation within the county. The publication of
10 the ordinance or resolution shall include a notice of (1) the
11 specific number of voters required to sign a petition
12 requesting that the question of the adoption of the tax levy
13 be submitted to the voters of the county; (2) the time within
14 which the petition must be filed; and (3) the date of the
15 prospective referendum. The county clerk shall provide a
16 petition form to any individual requesting one. Any taxpayer
17 in such county may, within 30 days after such publication,
18 file with the county clerk a petition signed by voters of the
19 county equal to 10% or more of the registered voters in the
20 county, requesting the submission to a referendum of the
21 following proposition:
22 "Shall .... county be authorized to levy a tax for (state
23 purpose) in excess of the rate for other county purposes but
24 not in excess of .1%?"
25 Notwithstanding any other provision of this Section, on
26 and after the effective date of this amendatory Act of 1997,
27 every publication or posting of an ordinance or resolution
28 under this Section and every petition filed under this
29 Section must comply with the provisions of this paragraph.
30 The publication or posting shall include a notice of (i) the
31 specific number of voters required to sign a petition
32 requesting the submission of the question to the electors,
33 (ii) the time within which the petition must be filed, and
-48- LRB9001778DNmb
1 (iii) the date of the prospective referendum. The petition
2 must be signed by voters equal in number to 5% of the total
3 number of voters in the county who voted at the last
4 preceding general election at which electors of the President
5 and Vice-President of the United States were elected. The
6 petition must be filed within 30 days after the publication
7 or posting.
8 The county clerk shall submit the proposition at the next
9 regular election in accordance with the general election law.
10 If a majority of the voters voting on the proposition
11 vote in favor thereof or if no valid petition is filed
12 pursuant to this Section such tax levy shall be authorized;
13 if a majority of the vote is against such proposition, such
14 tax levy shall not be authorized.
15 (Source: P.A. 86-1253; 87-767.)
16 Section 50. The Township Code is amended by changing
17 Section 205-30 as follows:
18 (60 ILCS 1/205-30)
19 Sec. 205-30. Referendum on issuance of bonds.
20 (a) After an ordinance authorizing a project under this
21 Article has been adopted, it shall be published once in an
22 English language newspaper published and having general
23 circulation in the township. If there is no such newspaper,
24 then the ordinance shall be posted in at least 3 of the most
25 public places in the township. The publication or posting of
26 the ordinance shall include a notice of (i) the specific
27 number of voters required to sign a petition requesting that
28 the question of the adoption of the ordinance be submitted to
29 the electors of the township; (ii) the time in which the
30 petition must be filed; and (iii) the date of the prospective
31 referendum. The township clerk shall provide a petition form
32 to any individual requesting one. The ordinance shall become
-49- LRB9001778DNmb
1 effective 30 days after the date of publication or posting,
2 but if within 30 days after publication or posting of the
3 ordinance a petition is filed with the township clerk signed
4 by at least 10% of the registered voters of the township (as
5 shown by the registered voters list on file in the office of
6 the county clerk) asking that the question of issuing the
7 bonds be submitted to the voters of the township, the
8 ordinance shall not become effective until the question has
9 been certified to the proper election officials, who shall
10 submit the question to the voters, and until the question has
11 been approved by the voters of the township at an election.
12 The election shall be conducted and notice given in
13 accordance with the general election law.
14 Notwithstanding any other provision of this Section, on
15 and after the effective date of this amendatory Act of 1997,
16 every publication or posting of an ordinance under this
17 Section and every petition filed under this Section must
18 comply with the provisions of this paragraph. The
19 publication or posting shall include a notice of (i) the
20 specific number of voters required to sign a petition
21 requesting the submission of the question to the electors,
22 (ii) the time within which the petition must be filed, and
23 (iii) the date of the prospective referendum. The
24 publication or posting also must include a general
25 description of the boundaries of the township, using easily
26 recognized descriptions. The petition must be signed by
27 voters equal in number to 5% of the total number of voters in
28 the township who voted at the last preceding general election
29 at which electors of the President and Vice-President of the
30 United States were elected. The petition must be filed
31 within 30 days after the publication or posting.
32 (b) The notice shall refer to the filing of the petition
33 and set forth the question to be voted upon, which shall be
34 substantially as follows:
-50- LRB9001778DNmb
1 Shall revenue bonds in the amount of $(amount) be
2 issued by (name of township) for (purpose)?
3 The notice shall also state the time and place of the
4 election.
5 (c) The vote at the election shall be by separate
6 ballot, and the question shall be in substantially the
7 following form:
8 Shall revenue bonds in the amount of $(amount) be
9 issued by (name of township) for (purpose) as authorized
10 in an ordinance of the township board dated (date of
11 ordinance)?
12 The votes shall be recorded as "Yes" or "No".
13 (d) If a majority of the voters voting on the question
14 at the election vote in favor of it, the ordinance shall be
15 in full force and effect and the township board may proceed
16 with the issuance and sale of the bonds.
17 (Source: P.A. 87-767; 88-62.)
18 Section 55. The Illinois Municipal Code is amended by
19 changing Sections 11-7-3, 11-29.1-2, 11-74.4-7, 11-74.6-30,
20 11-76.1-4, 11-92-8, 11-94-2, 11-103-12, 11-117-5, 11-122-2,
21 11-127-1, 11-129-4, 11-137-2, 11-139-6, and 11-141-4 as
22 follows:
23 (65 ILCS 5/11-7-3) (from Ch. 24, par. 11-7-3)
24 Sec. 11-7-3. In any municipality which is authorized to
25 levy a tax under Section 11-7-1 of this Division 7, the tax
26 rate limit so authorized may be increased to not to exceed
27 .40% of the value of all the taxable property in such
28 municipality, provided the proposition for such tax rate
29 increase has been submitted to the electors of that
30 municipality and approved by a majority of those voting on
31 the question. The referendum authorized by the terms of this
32 section may be ordered by the corporate authorities, the
-51- LRB9001778DNmb
1 question to be certified by the clerk and submitted at an
2 election in accordance with the general election law.
3 However, any municipality whose rate limitation for fire
4 protection purposes is .30% on July 1, 1967 may by ordinance
5 increase its rate limit in the future for such purposes to
6 .40% and any municipality which levied a tax for fire
7 protection purposes in 1960 and whose rate limitation for
8 such purposes is less than .30% on July 29, 1969 may by
9 ordinance increase its rate limit to .30%. A notice of the
10 passage of the ordinance establishing such rate limit at not
11 to exceed .40% or .30%, as the case may be, shall be
12 published once in a newspaper having a general circulation in
13 the municipality. The publication of the notice of the
14 ordinance shall include a notice of (1) the specific number
15 of voters required to sign a petition requesting that the
16 question of the increased rate limit be submitted to the
17 voters of the municipality; (2) the time within which the
18 petition must be filed; and (3) the date of the prospective
19 referendum. The municipal clerk shall provide a petition
20 form to any individual requesting one.
21 The ordinance shall take effect 30 days after publication
22 of that notice unless within that time a petition, signed by
23 not less than a number of voters in the municipality equal to
24 10% or more of the registered voters of the municipality is
25 filed with the municipal clerk requesting the submission to a
26 referendum of the question of whether the municipality shall
27 have the authority to levy a tax for fire protection purposes
28 at not to exceed the rate limit specified in the ordinance.
29 Any such election shall be conducted in accordance with the
30 general election law.
31 Notwithstanding any other provision of this Section, on
32 and after the effective date of this amendatory Act of 1997,
33 every publication or posting of an ordinance under this
34 Section and every petition filed under this Section must
-52- LRB9001778DNmb
1 comply with the provisions of this paragraph. The
2 publication or posting shall include a notice of (i) the
3 specific number of voters required to sign a petition
4 requesting the submission of the question to the electors,
5 (ii) the time within which the petition must be filed, and
6 (iii) the date of the prospective referendum. The petition
7 must be signed by voters equal in number to 5% of the total
8 number of voters in the municipality who voted at the last
9 preceding general election at which electors of the President
10 and Vice-President of the United States were elected. The
11 petition must be filed within 30 days after the publication
12 or posting.
13 (Source: P.A. 86-1253; 87-767.)
14 (65 ILCS 5/11-29.1-2) (from Ch. 24, par. 11-29.1-2)
15 Sec. 11-29.1-2. Whenever any municipality first levies
16 the tax authorized in Section 11-29.1-1, it shall cause the
17 ordinance levying the tax to be published in one or more
18 newspapers published in the municipality within 10 days after
19 the levy is made. If no newspaper is published in the
20 municipality, the ordinance shall be published in a newspaper
21 having general circulation within the municipality. The
22 publication of the ordinance shall include a notice of (1)
23 the specific number of voters required to sign a petition
24 requesting that the question of the adoption of the tax levy
25 be submitted to the voters of the municipality; (2) the time
26 within which the petition must be filed; and (3) the date of
27 the prospective referendum. The municipal clerk shall
28 provide a petition form to any individual requesting one.
29 Any taxpayer in such municipality may, within 30 days after
30 such publication, file with the municipal clerk a petition
31 signed by a number of the voters of the municipality equal to
32 10% or more of the registered voters of the municipality
33 requesting the submission to a referendum of the following
-53- LRB9001778DNmb
1 proposition:
2 "Shall (insert name) be authorized to levy a tax for
3 (state purpose) in excess of the rate for other municipal
4 purposes but not in excess of .1%?"
5 Notwithstanding any other provision of this Section, on
6 and after the effective date of this amendatory Act of 1997,
7 every publication or posting of an ordinance under this
8 Section and every petition filed under this Section must
9 comply with the provisions of this paragraph. The
10 publication or posting shall include a notice of (i) the
11 specific number of voters required to sign a petition
12 requesting the submission of the question to the electors,
13 (ii) the time within which the petition must be filed, and
14 (iii) the date of the prospective referendum. The petition
15 must be signed by voters equal in number to 5% of the total
16 number of voters in the municipality who voted at the last
17 preceding general election at which electors of the President
18 and Vice-President of the United States were elected. The
19 petition must be filed within 30 days after the publication
20 or posting.
21 The municipal clerk shall certify the proposition for
22 submission by the proper election authority at an election in
23 accordance with the general election law.
24 If a majority of the voters voting on the proposition
25 vote in favor thereof or if no petition is filed pursuant to
26 this Section 11-29.1-2, such tax levy shall be authorized. If
27 a majority of the vote is against such proposition, such tax
28 levy shall not be authorized.
29 (Source: P.A. 86-1253; 87-767.)
30 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
31 Sec. 11-74.4-7. Obligations secured by the special tax
32 allocation fund set forth in Section 11-74.4-8 for the
33 redevelopment project area may be issued to provide for
-54- LRB9001778DNmb
1 redevelopment project costs. Such obligations, when so
2 issued, shall be retired in the manner provided in the
3 ordinance authorizing the issuance of such obligations by the
4 receipts of taxes levied as specified in Section 11-74.4-9
5 against the taxable property included in the area, by
6 revenues as specified by Section 11-74.4-8a and other revenue
7 designated by the municipality. A municipality may in the
8 ordinance pledge all or any part of the funds in and to be
9 deposited in the special tax allocation fund created pursuant
10 to Section 11-74.4-8 to the payment of the redevelopment
11 project costs and obligations. Any pledge of funds in the
12 special tax allocation fund shall provide for distribution to
13 the taxing districts and to the Illinois Department of
14 Revenue of moneys not required for payment and securing of
15 the obligations and redevelopment project costs and such
16 excess funds shall be calculated annually and deemed to be
17 "surplus" funds. In the event a municipality only pledges a
18 portion of the funds in the special tax allocation fund for
19 the payment of redevelopment project costs or obligations,
20 any such funds remaining in the special tax allocation fund
21 after complying with the requirements of the pledge, shall
22 also be calculated annually and deemed "surplus" funds. All
23 surplus funds in the special tax allocation fund, subject to
24 the provisions of (6.1) of Section 11-74.4-8a, shall be
25 distributed annually within 180 days after the close of the
26 municipality's fiscal year by being paid by the municipal
27 treasurer to the County Collector, to the Department of
28 Revenue and to the municipality in direct proportion to the
29 tax incremental revenue received as a result of an increase
30 in the equalized assessed value of property in the
31 redevelopment project area, tax incremental revenue received
32 from the State and tax incremental revenue received from the
33 municipality, but not to exceed as to each such source the
34 total incremental revenue received from that source. Except
-55- LRB9001778DNmb
1 that any special tax allocation fund subject to provision in
2 (6.1) of Section 11-74.4-8a shall comply with the provisions
3 in that Section. The County Collector shall thereafter make
4 distribution to the respective taxing districts in the same
5 manner and proportion as the most recent distribution by the
6 county collector to the affected districts of real property
7 taxes from real property in the redevelopment project area.
8 Without limiting the foregoing in this Section, the
9 municipality may in addition to obligations secured by the
10 special tax allocation fund pledge for a period not greater
11 than the term of the obligations towards payment of such
12 obligations any part or any combination of the following: (a)
13 net revenues of all or part of any redevelopment project; (b)
14 taxes levied and collected on any or all property in the
15 municipality; (c) the full faith and credit of the
16 municipality; (d) a mortgage on part or all of the
17 redevelopment project; or (e) any other taxes or anticipated
18 receipts that the municipality may lawfully pledge.
19 Such obligations may be issued in one or more series
20 bearing interest at such rate or rates as the corporate
21 authorities of the municipality shall determine by ordinance.
22 Such obligations shall bear such date or dates, mature at
23 such time or times not exceeding 20 years from their
24 respective dates, be in such denomination, carry such
25 registration privileges, be executed in such manner, be
26 payable in such medium of payment at such place or places,
27 contain such covenants, terms and conditions, and be subject
28 to redemption as such ordinance shall provide. Obligations
29 issued pursuant to this Act may be sold at public or private
30 sale at such price as shall be determined by the corporate
31 authorities of the municipalities. No referendum approval of
32 the electors shall be required as a condition to the issuance
33 of obligations pursuant to this Division except as provided
34 in this Section.
-56- LRB9001778DNmb
1 In the event the municipality authorizes issuance of
2 obligations pursuant to the authority of this Division
3 secured by the full faith and credit of the municipality,
4 which obligations are other than obligations which may be
5 issued under home rule powers provided by Article VII,
6 Section 6 of the Illinois Constitution, or pledges taxes
7 pursuant to (b) or (c) of the second paragraph of this
8 section, the ordinance authorizing the issuance of such
9 obligations or pledging such taxes shall be published within
10 10 days after such ordinance has been passed in one or more
11 newspapers, with general circulation within such
12 municipality. The publication of the ordinance shall be
13 accompanied by a notice of (1) the specific number of voters
14 required to sign a petition requesting the question of the
15 issuance of such obligations or pledging taxes to be
16 submitted to the electors; (2) the time in which such
17 petition must be filed; and (3) the date of the prospective
18 referendum. The municipal clerk shall provide a petition
19 form to any individual requesting one.
20 If no petition is filed with the municipal clerk, as
21 hereinafter provided in this Section, within 30 days after
22 the publication of the ordinance, the ordinance shall be in
23 effect. But, if within that 30 day period a petition is
24 filed with the municipal clerk, signed by electors in the
25 municipality numbering 10% or more of the number of
26 registered voters in the municipality, asking that the
27 question of issuing obligations using full faith and credit
28 of the municipality as security for the cost of paying for
29 redevelopment project costs, or of pledging taxes for the
30 payment of such obligations, or both, be submitted to the
31 electors of the municipality, the corporate authorities of
32 the municipality shall call a special election in the manner
33 provided by law to vote upon that question, or, if a general,
34 State or municipal election is to be held within a period of
-57- LRB9001778DNmb
1 not less than 30 or more than 90 days from the date such
2 petition is filed, shall submit the question at the next
3 general, State or municipal election. If it appears upon the
4 canvass of the election by the corporate authorities that a
5 majority of electors voting upon the question voted in favor
6 thereof, the ordinance shall be in effect, but if a majority
7 of the electors voting upon the question are not in favor
8 thereof, the ordinance shall not take effect.
9 Notwithstanding any other provision of this Section, on
10 and after the effective date of this amendatory Act of 1997,
11 every publication or posting of an ordinance under this
12 Section and every petition filed under this Section must
13 comply with the provisions of this paragraph. The
14 publication or posting shall include a notice of (i) the
15 specific number of voters required to sign a petition
16 requesting the submission of the question to the electors,
17 (ii) the time within which the petition must be filed, and
18 (iii) the date of the prospective referendum. The petition
19 must be signed by voters equal in number to 5% of the total
20 number of voters in the municipality who voted at the last
21 preceding general election at which electors of the President
22 and Vice-President of the United States were elected. The
23 petition must be filed within 30 days after the publication
24 or posting.
25 The ordinance authorizing the obligations may provide
26 that the obligations shall contain a recital that they are
27 issued pursuant to this Division, which recital shall be
28 conclusive evidence of their validity and of the regularity
29 of their issuance.
30 In the event the municipality authorizes issuance of
31 obligations pursuant to this Section secured by the full
32 faith and credit of the municipality, the ordinance
33 authorizing the obligations may provide for the levy and
34 collection of a direct annual tax upon all taxable property
-58- LRB9001778DNmb
1 within the municipality sufficient to pay the principal
2 thereof and interest thereon as it matures, which levy may be
3 in addition to and exclusive of the maximum of all other
4 taxes authorized to be levied by the municipality, which
5 levy, however, shall be abated to the extent that monies from
6 other sources are available for payment of the obligations
7 and the municipality certifies the amount of said monies
8 available to the county clerk.
9 A certified copy of such ordinance shall be filed with
10 the county clerk of each county in which any portion of the
11 municipality is situated, and shall constitute the authority
12 for the extension and collection of the taxes to be deposited
13 in the special tax allocation fund.
14 A municipality may also issue its obligations to refund
15 in whole or in part, obligations theretofore issued by such
16 municipality under the authority of this Act, whether at or
17 prior to maturity, provided however, that the last maturity
18 of the refunding obligations shall not be expressed to mature
19 later than 23 years from the date of the ordinance approving
20 the redevelopment project area if the ordinance was adopted
21 on or after January 15, 1981, and not more than 35 years if
22 the ordinance was adopted before January 15, 1981, or if the
23 ordinance was adopted in April, 1984 or July, 1985, or if the
24 municipality is subject to the Local Government Financial
25 Planning and Supervision Act and, for redevelopment project
26 areas for which bonds were issued before July 29, 1991, in
27 connection with a redevelopment project in the area within
28 the State Sales Tax Boundary and which were extended by
29 municipal ordinance under subsection (n) of Section
30 11-74.4-3, the last maturity of the refunding obligations
31 shall not be expressed to mature later than the date on which
32 the redevelopment project area is terminated or December 31,
33 2013, whichever date occurs first.
34 In the event a municipality issues obligations under home
-59- LRB9001778DNmb
1 rule powers or other legislative authority the proceeds of
2 which are pledged to pay for redevelopment project costs, the
3 municipality may, if it has followed the procedures in
4 conformance with this division, retire said obligations from
5 funds in the special tax allocation fund in amounts and in
6 such manner as if such obligations had been issued pursuant
7 to the provisions of this division.
8 All obligations heretofore or hereafter issued pursuant
9 to this Act shall not be regarded as indebtedness of the
10 municipality issuing such obligations or any other taxing
11 district for the purpose of any limitation imposed by law.
12 (Source: P.A. 89-357; eff. 8-17-95.)
13 (65 ILCS 5/11-74.6-30)
14 Sec. 11-74.6-30. Financing. Obligations secured by the
15 special tax allocation fund set forth in Section 11-74.6-35
16 for the redevelopment project area may be issued to provide
17 for redevelopment project costs. Those obligations, when so
18 issued, shall be retired in the manner provided in the
19 ordinance authorizing the issuance of those obligations by
20 the receipts of taxes levied as specified in Section
21 11-74.6-40 against the taxable real property included in the
22 area and any other revenue designated by the municipality. A
23 municipality may in the ordinance pledge all or any part of
24 the funds in and to be deposited into the special tax
25 allocation fund created under Section 11-74.6-35 to the
26 payment of the redevelopment project costs and obligations.
27 Any pledge of funds in the special tax allocation fund shall
28 provide for distribution to the taxing districts of moneys
29 not required for payment and securing of the obligations and
30 redevelopment project costs, and any excess funds shall be
31 calculated annually and deemed to be "surplus" funds. If a
32 municipality pledges only a portion of the funds in the
33 special tax allocation fund for the payment of redevelopment
-60- LRB9001778DNmb
1 project costs or obligations, any funds remaining in the
2 special tax allocation fund after complying with the
3 requirements of the pledge shall also be calculated annually
4 and deemed "surplus" funds. All surplus funds in the special
5 tax allocation fund shall be distributed annually within 180
6 days after the close of the municipality's fiscal year by
7 being paid by the municipal treasurer to the county collector
8 in direct proportion to the tax incremental revenue received
9 as a result of an increase in the equalized assessed value of
10 property in the redevelopment project area but not to exceed
11 as to each such source the total incremental revenue received
12 from that source. The county collector shall subsequently
13 distribute surplus funds to the respective taxing districts
14 in the same manner and proportion as the most recent
15 distribution by the county collector to the affected taxing
16 districts of real property taxes from real property in the
17 redevelopment project area.
18 Without limiting the foregoing provisions of this
19 Section, in addition to obligations secured by the special
20 tax allocation fund, the municipality may pledge, for a
21 period not greater than the term of the obligations, towards
22 payment of those obligations any part or any combination of
23 the following: (i) net revenues of all or part of any
24 redevelopment project; (ii) taxes levied and collected on
25 any or all real property in the municipality; (iii) the full
26 faith and credit of the municipality; (iv) a mortgage on part
27 or all of the redevelopment project; or (v) any other taxes
28 or anticipated receipts that the municipality may lawfully
29 pledge.
30 The obligations may be issued in one or more series
31 bearing interest at a rate or rates that the corporate
32 authorities of the municipality determine by ordinance. The
33 obligations shall bear a date or dates, mature at a time or
34 times, not exceeding 20 years from their respective issue
-61- LRB9001778DNmb
1 dates, be in a denomination, carry registration privileges,
2 be executed in a manner, be payable in a medium of payment at
3 a place or places, contain covenants, terms and conditions,
4 and be subject to redemption as the ordinance provides.
5 Obligations issued under this Law may be sold at public or
6 private sale at a price determined by the corporate authority
7 of the municipality. No referendum approval of the electors
8 shall be required as a condition for the issuance of
9 obligations under this Division, except as provided in this
10 Section.
11 If the municipality authorizes issuance of obligations
12 under the authority of this Division secured by the full
13 faith and credit of the municipality, which obligations are
14 other than obligations that may be issued under home rule
15 powers provided by Section 6 of Article VII of the Illinois
16 Constitution, or pledges taxes levied and collected on real
17 property in the municipality or pledges the full faith and
18 credit of the municipality, the ordinance authorizing the
19 issuance of those obligations or pledging those taxes or the
20 municipality's full faith and credit shall be published
21 within 10 days after the ordinance has been passed in one or
22 more newspapers with general circulation within that
23 municipality. The publication of the ordinance shall be
24 accompanied by a notice of (i) the specific number of voters
25 required to sign a petition requesting the question of the
26 issuance of those obligations or pledging taxes to be
27 submitted to the electors, (ii) the time in which the
28 petition must be filed, and (iii) the date of the prospective
29 referendum. The municipal clerk shall provide a petition
30 form to any individual requesting one.
31 Notwithstanding any other provision of this Section, on
32 and after the effective date of this amendatory Act of 1997,
33 every petition filed under this Section must comply with the
34 provisions of this paragraph. The petition must be signed by
-62- LRB9001778DNmb
1 voters equal in number to 5% of the total number of voters in
2 the municipality who voted at the last preceding general
3 election at which electors of the President and
4 Vice-President of the United States were elected. The
5 petition must be filed within 30 days after the publication
6 or posting.
7 If no petition is filed with the municipal clerk, as
8 provided in this Section, within 30 days after the
9 publication of the ordinance, the ordinance shall become
10 effective. If, however, within that 30 day period, a
11 petition is filed with the municipal clerk, signed by
12 electors numbering not less than 5% 10% of the number of
13 registered voters in the municipality, asking that the
14 question of issuing obligations using full faith and credit
15 of the municipality as security for the cost of paying for
16 redevelopment project costs, or of pledging taxes for the
17 payment of those obligations, or both, be submitted to the
18 electors of the municipality, the corporate authorities of
19 the municipality shall call a special election in the manner
20 provided by law to vote upon that question, or, if a general,
21 State or municipal election is to be held within a period of
22 not less than 30 or more than 90 days from the date the
23 petition is filed, shall submit the question at that general,
24 State or municipal election. If it appears upon the canvass
25 of the election by the corporate authorities that a majority
26 of electors voting upon the question voted in favor of the
27 question, the ordinance shall be effective, but if a majority
28 of the electors voting upon the question are not in favor of
29 the question, the ordinance shall not take effect.
30 The ordinance authorizing the obligations may provide
31 that the obligations shall contain a recital that they are
32 issued under this Law. The recital shall be conclusive
33 evidence of their validity and of the regularity of their
34 issuance.
-63- LRB9001778DNmb
1 In the event the municipality authorizes issuance of
2 obligations under this Section secured by the full faith and
3 credit of the municipality, the ordinance authorizing the
4 obligations may provide for the levy and collection of a
5 direct annual tax upon all taxable property within the
6 municipality sufficient to pay the principal of and interest
7 on the obligations as they mature. The levy may be in
8 addition to and exclusive of the maximum of all other taxes
9 authorized to be levied by the municipality. The levy,
10 however, shall be abated to the extent that moneys from other
11 sources are available for payment of the obligations and the
12 municipality certifies the amount of those moneys available
13 to the county clerk.
14 A certified copy of the ordinance shall be filed with the
15 county clerk of each county in which any portion of the
16 municipality is situated, and shall constitute the authority
17 for the extension and collection of the taxes to be deposited
18 in the special tax allocation fund.
19 A municipality may also issue its obligations to refund,
20 in whole or in part, obligations previously issued by the
21 municipality under the authority of this Law, whether at or
22 before maturity, except that the last maturity of the
23 refunding obligations shall not be expressed to mature later
24 than 23 years from the date of the ordinance approving the
25 redevelopment project area.
26 If a municipality issues obligations under home rule
27 powers or other legislative authority, the proceeds of which
28 are pledged to pay for redevelopment project costs, the
29 municipality may, if it has followed the procedures in
30 conformance with this Law, retire those obligations from
31 funds in the special tax allocation fund in amounts and in
32 the same manner as if those obligations had been issued under
33 the provisions of this Law.
34 No obligations issued under this Law shall be regarded as
-64- LRB9001778DNmb
1 indebtedness of the municipality issuing the obligations or
2 any other taxing district for the purpose of any limitation
3 imposed by law.
4 (Source: P.A. 88-537.)
5 (65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
6 Sec. 11-76.1-4. Whenever a petition signed by the
7 electors of any specified municipality equal in number to 10%
8 or more of the total number of registered voters in the
9 municipality, is filed with the municipal clerk of any such
10 municipality which has adopted an ordinance pursuant to the
11 powers granted in Section 11-76.1-1 of this Code, and such
12 petition has been filed with the clerk of the municipality
13 within 30 days of the second publication of the notice
14 required in Section 11-76.1-3 of this Code which notice shall
15 include (1) the specific number of voters required to sign
16 the petition; (2) the time in which the petition must be
17 filed; and (3) the date of the prospective referendum, the
18 corporate authorities shall order the submission of the
19 question to the municipal electors and designate the election
20 at which the question shall be submitted. The municipal clerk
21 shall certify the question to the proper election authority.
22 The municipal clerk shall provide a petition form to any
23 individual requesting one.
24 Notwithstanding any other provision of this Section, on
25 and after the effective date of this amendatory Act of 1997,
26 every publication or posting of an ordinance under this
27 Section and every petition filed under this Section must
28 comply with the provisions of this paragraph. The
29 publication or posting shall include a notice of (i) the
30 specific number of voters required to sign a petition
31 requesting the submission of the question to the electors,
32 (ii) the time within which the petition must be filed, and
33 (iii) the date of the prospective referendum. The petition
-65- LRB9001778DNmb
1 must be signed by voters equal in number to 5% of the total
2 number of voters in the municipality who voted at the last
3 preceding general election at which electors of the President
4 and Vice-President of the United States were elected. The
5 petition must be filed within 30 days after the publication
6 or posting.
7 The proposition shall be substantially in the following
8 form:
9 -------------------------------------------------------------
10 Shall the ordinance passed by
11 the city council ( or board of YES
12 trustees, etc.) of (name of
13 municipality) on the .......
14 day of ......... 19..., --------------------------
15 entitled ................. which
16 provides (stating the nature of
17 the proposed ordinance), become NO
18 effective?
19 -------------------------------------------------------------
20 If a majority of the votes cast on the questions are in
21 favor of the proposition, the corporate authorities shall
22 have the authority granted to them by Section 11-76.1-1.
23 This amendatory Act of 1975 is not a limit on any
24 municipality which is a home rule unit.
25 (Source: P.A. 87-767.)
26 (65 ILCS 5/11-92-8) (from Ch. 24, par. 11-92-8)
27 Sec. 11-92-8. The corporate authorities may enter into a
28 trust agreement to secure payment of the bonds issued under
29 the provisions of Section 11-92-7.
30 After the ordinance has been adopted, it shall within 10
31 days after its passage be published once in a newspaper
32 published and having a general circulation in the city or
33 village, or, if there is no such newspaper, then in a
-66- LRB9001778DNmb
1 newspaper having a general circulation in the county wherein
2 such city or village, or the greater or greatest portion in
3 area of the city or village, lies.
4 The publication of the ordinance shall be accompanied by
5 a notice of (1) the specific number of voters required to
6 sign a petition requesting the submission to the electors of
7 the question of acquiring and operating or constructing and
8 operating a harbor project and issuing bonds for such
9 project; (2) the time in which the petition must be filed;
10 and (3) the date of the prospective referendum. The
11 municipal clerk shall provide a petition form to any
12 individual requesting one.
13 If no petition is filed with the municipal clerk within
14 30 days after the publication of the ordinance, the ordinance
15 shall be in effect.
16 However, if within 30 days after the publication of the
17 ordinance a petition is filed with the clerk of the city or
18 village signed by electors of the city or village numbering
19 10% or more of the number of registered voters in the city or
20 village, asking that the question of acquiring and operating
21 or constructing and operating such harbor project and the
22 issuance of the bonds for the harbor project be submitted to
23 the electors of the city or village, the municipal clerk
24 shall certify that question for submission at an election in
25 accordance with the general election law.
26 Notwithstanding any other provision of this Section, on
27 and after the effective date of this amendatory Act of 1997,
28 every publication or posting of an ordinance under this
29 Section and every petition filed under this Section must
30 comply with the provisions of this paragraph. The
31 publication or posting shall include a notice of (i) the
32 specific number of voters required to sign a petition
33 requesting the submission of the question to the electors,
34 (ii) the time within which the petition must be filed, and
-67- LRB9001778DNmb
1 (iii) the date of the prospective referendum. The petition
2 must be signed by voters equal in number to 5% of the total
3 number of voters in the municipality who voted at the last
4 preceding general election at which electors of the President
5 and Vice-President of the United States were elected. The
6 petition must be filed within 30 days after the publication
7 or posting.
8 The question shall be in substantially the following
9 form: -------------------------------------------------------
10 Shall the City (or Village) YES
11 of .... issue revenue -----------------------------
12 bonds for acquiring (or
13 constructing) a harbor? NO
14 -------------------------------------------------------------
15 If a majority of the electors voting upon that question
16 vote in favor of the issuance of the bonds, the ordinance
17 shall be in effect, otherwise the ordinance shall not become
18 effective.
19 (Source: P.A. 87-767.)
20 (65 ILCS 5/11-94-2) (from Ch. 24, par. 11-94-2)
21 Sec. 11-94-2. Whenever the corporate authorities of a
22 specified municipality determine to construct or acquire and
23 purchase or improve natatoriums or swimming pools, indoor or
24 outdoor tennis courts, handball, racquetball or squash
25 courts, artificial ice skating rinks or golf courses, or any
26 combination of said facilities and to issue bonds under this
27 Division 94 to pay the cost or purchase price thereof, the
28 corporate authorities shall adopt an ordinance describing in
29 a general way the contemplated project and refer to plans and
30 specifications therefor when the project is to be
31 constructed. These plans and specifications shall be filed
32 in the office of the municipal clerk and shall be open for
33 inspection by the public.
-68- LRB9001778DNmb
1 This ordinance shall set out the estimated cost of the
2 project, determine the period of usefulness thereof, fix the
3 amount of revenue bonds to be issued, the maturities thereof,
4 the interest rate, which shall not exceed the greater of (i)
5 the maximum rate authorized by the Bond Authorization Act, as
6 amended at the time of the making of the contract, or (ii) 8%
7 annually, payable annually or semi-annually and all the
8 details in connection with the bonds. However, from the
9 effective date of this amendatory Act of 1976 through and
10 including June 30, 1977, such interest rate shall not exceed
11 9%. The bonds shall mature within the period of usefulness
12 of the project as determined by the corporate authorities.
13 The ordinance may also contain such covenants and
14 restrictions upon the issuance of additional revenue bonds
15 thereafter as may be deemed necessary or advisable for the
16 assurance of the payment of the bonds thereby authorized.
17 The ordinance shall also pledge the revenue derived from the
18 operation of the natatoriums or swimming pools, indoor or
19 outdoor tennis courts, handball, racquetball or squash
20 courts, artificial ice skating rinks or the golf courses, or
21 any other recreational facility or any combination of
22 facilities as the case may be, for the purpose of paying
23 maintenance and operation costs, providing an adequate
24 depreciation fund, and paying the principal and the interest
25 of the bonds issued under this Division 94. The ordinance
26 may also pledge the revenue derived from the operation of
27 existing natatoriums or swimming pools, indoor or outdoor
28 tennis courts, handball, racquetball or squash courts,
29 artificial ice skating rinks or golf courses, or any
30 combination of facilities.
31 Within 30 days after this ordinance has been passed it
32 shall be published at least once in one or more newspapers
33 published in the municipality, or, if no newspaper is
34 published therein, then in one or more newspapers with a
-69- LRB9001778DNmb
1 general circulation within the municipality. In
2 municipalities with less than 500 population in which no
3 newspaper is published, publication may instead be made by
4 posting a notice in 3 prominent places within the
5 municipality.
6 The publication or posting of the ordinance shall be
7 accompanied by a notice of (1) the specific number of voters
8 required to sign a petition requesting the question of
9 constructing or acquiring and purchasing or improving and
10 operating such recreation facility and the issuance of bonds
11 to be submitted to the electors; (2) the time in which such
12 petition must be filed; and (3) the date of the prospective
13 referendum. The municipal clerk shall provide a petition
14 form to any individual requesting one.
15 If no petition is filed with the municipal clerk within
16 30 days after the publication, or posting of the ordinance,
17 the ordinance shall be in effect. But if within this 30 day
18 period a petition is so filed, signed by electors of the
19 municipality numbering 10% or more of the number of
20 registered voters in the municipality asking that the
21 question of constructing or acquiring and purchasing or
22 improving and operating such natatoriums or swimming pools,
23 indoor or outdoor tennis courts, handball, racquetball or
24 squash courts, artificial ice skating rinks or golf courses,
25 or any other recreational facility or any combination of
26 facilities, and the issuance of such bonds be submitted to
27 the electors of the municipality, the municipal clerk shall
28 certify that question for submission at an election in
29 accordance with the general election law.
30 Notwithstanding any other provision of this Section, on
31 and after the effective date of this amendatory Act of 1997,
32 every publication or posting of an ordinance under this
33 Section and every petition filed under this Section must
34 comply with the provisions of this paragraph. The
-70- LRB9001778DNmb
1 publication or posting shall include a notice of (i) the
2 specific number of voters required to sign a petition
3 requesting the submission of the question to the electors,
4 (ii) the time within which the petition must be filed, and
5 (iii) the date of the prospective referendum. The petition
6 must be signed by voters equal in number to 5% of the total
7 number of voters in the municipality who voted at the last
8 preceding general election at which electors of the President
9 and Vice-President of the United States were elected. The
10 petition must be filed within 30 days after the publication
11 or posting.
12 If a majority of the electors voting upon that question
13 vote in favor of constructing or acquiring and purchasing or
14 improving and operating the natatoriums or swimming pools,
15 indoor or outdoor tennis courts, handball, racquetball or
16 squash courts, artificial ice skating rinks or golf courses,
17 or any other recreational facility or any combination of
18 facilities, and the issuance of the bonds, the ordinances
19 shall be in effect. But if a majority of the votes cast are
20 against constructing or acquiring and purchasing or improving
21 and operating the natatoriums or swimming pools, indoor or
22 outdoor tennis courts, handball, racquetball or squash
23 courts, artificial ice skating rinks or golf courses, or any
24 other recreational facility or any combination of facilities,
25 and the issuance of the bonds, the ordinance shall not go
26 into effect.
27 With respect to instruments for the payment of money
28 issued under this Section either before, on, or after the
29 effective date of this amendatory Act of 1989, it is and
30 always has been the intention of the General Assembly (i)
31 that the Omnibus Bond Acts are and always have been
32 supplementary grants of power to issue instruments in
33 accordance with the Omnibus Bond Acts, regardless of any
34 provision of this Act that may appear to be or to have been
-71- LRB9001778DNmb
1 more restrictive than those Acts, (ii) that the provisions of
2 this Section are not a limitation on the supplementary
3 authority granted by the Omnibus Bond Acts, and (iii) that
4 instruments issued under this Section within the
5 supplementary authority granted by the Omnibus Bond Acts are
6 not invalid because of any provision of this Act that may
7 appear to be or to have been more restrictive than those
8 Acts.
9 The amendatory Acts of 1971, 1972 and 1973 are not a
10 limit upon any municipality which is a home rule unit.
11 This amendatory Act of 1975 is not a limit upon any
12 municipality which is a home rule unit.
13 (Source: P.A. 86-4; 87-767.)
14 (65 ILCS 5/11-103-12) (from Ch. 24, par. 11-103-12)
15 Sec. 11-103-12. The corporate authorities of any
16 municipality specified in Section 11-103-1, for the purpose
17 of acquiring land for an airport or landing field or
18 constructing an airport or landing field, or both, may borrow
19 money and as evidence thereof may issue bonds, payable solely
20 from revenue derived, from the operation or leasing of the
21 airport, landing field, and facilities or appurtenances
22 thereof. These bonds may be issued in such amounts as may be
23 necessary to provide sufficient funds to pay all costs of
24 acquiring the land for an airport or landing field or
25 constructing an airport or landing field, or both, including
26 engineering, legal, and other expenses, together with
27 interest on these bonds, to a date 6 months subsequent to the
28 estimated date of completion.
29 Whenever the corporate authorities of a specified
30 municipality determine to acquire land for an airport or
31 landing field or to construct an airport or landing field, or
32 both, and to issue bonds under this section for the payment
33 of the cost thereof, the corporate authorities shall adopt an
-72- LRB9001778DNmb
1 ordinance describing in a general way the contemplated
2 project and refer to the plans and specifications therefor.
3 These plans and specifications shall be filed with the
4 municipal clerk and shall be open for inspection by the
5 public.
6 This ordinance shall set out the estimated cost of the
7 project, fix the amount of revenue bonds to be issued, the
8 maturity or maturities thereof, the interest rate, which
9 shall not exceed the maximum rate authorized by the Bond
10 Authorization Act, as amended at the time of the making of
11 the contract, payable annually or semi-annually, and all
12 details in connection with the bonds. The ordinance shall
13 also declare that a statutory mortgage lien shall exist upon
14 the property of the airport or landing field, and shall
15 pledge the revenue derived from the operation or leasing of
16 the airport, landing field, and the facilities and
17 appurtenances thereof for the payment of maintenance and
18 operating costs, providing an adequate depreciation fund, and
19 paying the principal and interest of the revenue bonds issued
20 thereunder.
21 After this ordinance has been adopted, it shall be
22 published in the same manner and form as is required for
23 other ordinances of the municipality.
24 The publication of the ordinance shall be accompanied by
25 a notice of (1) the specific number of voters required to
26 sign a petition requesting the question of acquiring land for
27 an airport or landing field or constructing such facility and
28 the issuance of bonds to be submitted to the electors; (2)
29 the time in which such petition must be filed; and (3) the
30 date of the prospective referendum. The municipal clerk
31 shall provide a petition form to any individual requesting
32 one.
33 If no petition is filed with the municipal clerk as
34 provided in this section within 30 days after the publication
-73- LRB9001778DNmb
1 or posting of this ordinance, the ordinance shall be in
2 effect after the expiration of this 30 day period. But if
3 within this 30 day period a petition is filed with the
4 municipal clerk signed by electors of the municipality
5 numbering 10% or more of the number of registered voters in
6 the municipality, asking that the question of acquiring land
7 for an airport or landing field or constructing an airport or
8 landing field, or both, and the issuance of the specified
9 bonds, be submitted to the electors thereof, the municipal
10 clerk shall certify that question for submission at an
11 election in accordance with the general election law.
12 Notwithstanding any other provision of this Section, on
13 and after the effective date of this amendatory Act of 1997,
14 every publication or posting of an ordinance under this
15 Section and every petition filed under this Section must
16 comply with the provisions of this paragraph. The
17 publication or posting shall include a notice of (i) the
18 specific number of voters required to sign a petition
19 requesting the submission of the question to the electors,
20 (ii) the time within which the petition must be filed, and
21 (iii) the date of the prospective referendum. The petition
22 must be signed by voters equal in number to 5% of the total
23 number of voters in the municipality who voted at the last
24 preceding general election at which electors of the President
25 and Vice-President of the United States were elected. The
26 petition must be filed within 30 days after the publication
27 or posting.
28 If a majority of the votes cast on the question are in
29 favor of acquiring land for an airport or landing field or
30 constructing an airport or landing field, or both, and in
31 favor of the issuance of the specified bonds, this ordinance
32 shall be in effect. But if a majority of the votes cast on
33 the question are against the project and the issuance of the
34 bonds, this ordinance shall not become effective.
-74- LRB9001778DNmb
1 Bonds issued under this section are negotiable
2 instruments, and shall be executed by the mayor or president
3 and by the municipal clerk of the municipality. In case any
4 officer whose signature appears on the bonds or coupons
5 ceases to hold that office before the bonds are delivered,
6 his signature, nevertheless shall be valid and sufficient for
7 all purposes, the same as though he had remained in office
8 until the bonds were delivered.
9 With respect to instruments for the payment of money
10 issued under this Section either before, on, or after the
11 effective date of this amendatory Act of 1989, it is and
12 always has been the intention of the General Assembly (i)
13 that the Omnibus Bond Acts are and always have been
14 supplementary grants of power to issue instruments in
15 accordance with the Omnibus Bond Acts, regardless of any
16 provision of this Act that may appear to be or to have been
17 more restrictive than those Acts, (ii) that the provisions of
18 this Section are not a limitation on the supplementary
19 authority granted by the Omnibus Bond Acts, and (iii) that
20 instruments issued under this Section within the
21 supplementary authority granted by the Omnibus Bond Acts are
22 not invalid because of any provision of this Act that may
23 appear to be or to have been more restrictive than those
24 Acts.
25 The amendatory Acts of 1971, 1972 and 1973 are not a
26 limit upon any municipality which is a home rule unit.
27 (Source: P.A. 86-4; 87-767.)
28 (65 ILCS 5/11-117-5) (from Ch. 24, par. 11-117-5)
29 Sec. 11-117-5. No ordinance authorizing the lease of any
30 public utility owned by a municipality for a longer period
31 than 5 years, nor any ordinance renewing any such lease,
32 shall go into effect until the expiration of 30 days after
33 its passage. The publication of the ordinance shall be
-75- LRB9001778DNmb
1 accompanied by a notice of (1) the specific number of voters
2 required to sign a petition requesting the question of
3 authorizing the lease or renewing the lease of a public
4 utility owned by a municipality for more than 5 years to be
5 submitted to the electors; (2) the time in which such
6 petition must be filed; and (3) the date of the prospective
7 referendum. The municipal clerk shall provide a petition
8 form to any individual requesting one. If, within this 30
9 days, there is filed with the municipal clerk of the
10 municipality a petition signed by electors of the
11 municipality equal in number to 10% or more of the number of
12 registered voters in the municipality, asking that the
13 ordinance be submitted to popular vote, then the ordinance
14 shall not go into effect unless the question of its adoption
15 is first submitted to the electors of the municipality and
16 approved by a majority of those voting thereon. The question
17 shall be submitted in accordance with the provisions of
18 Section 11-117-3.
19 Notwithstanding any other provision of this Section, on
20 and after the effective date of this amendatory Act of 1997,
21 every publication or posting of an ordinance under this
22 Section and every petition filed under this Section must
23 comply with the provisions of this paragraph. The
24 publication or posting shall include a notice of (i) the
25 specific number of voters required to sign a petition
26 requesting the submission of the question to the electors,
27 (ii) the time within which the petition must be filed, and
28 (iii) the date of the prospective referendum. The petition
29 must be signed by voters equal in number to 5% of the total
30 number of voters in the municipality who voted at the last
31 preceding general election at which electors of the President
32 and Vice-President of the United States were elected. The
33 petition must be filed within 30 days after the publication
34 or posting.
-76- LRB9001778DNmb
1 (Source: P.A. 87-767.)
2 (65 ILCS 5/11-122-2) (from Ch. 24, par. 11-122-2)
3 Sec. 11-122-2. Subject to the provisions of Section
4 11-122-6, every city may lease street railways, or any part
5 thereof, owned by the city to any company incorporated under
6 the laws of this state for the purpose of operating street
7 railways for any period, not longer than 20 years, on such
8 terms and conditions as the city council deems for the best
9 interests of the public.
10 Such a city has the power to incorporate in any grant of
11 the right to construct or operate street railways a
12 reservation of the right on the part of the city to take over
13 all or part of those street railways, at or before the
14 expiration of the grant, upon such terms and conditions as
15 may be provided in the grant. The city also has the power to
16 provide in such a grant that in case the reserved right is
17 not exercised by the city and the city grants a right to
18 another company to operate a street railway in the streets or
19 part of the streets occupied by its grantee under the former
20 grant, the new grantee shall purchase and take over the
21 street railways of the former grantee upon the terms that the
22 city might have taken them over. The city council of the city
23 has the power to make a grant, containing such a reservation,
24 for either the construction or operation or both the
25 construction and operation of a street railway in, upon, and
26 along any of the streets or public ways therein, or portions
27 thereof, in which street railway tracks are already located
28 at the time of the making of the grant, without the petition
29 or consent of any of the owners of the land abutting or
30 fronting upon any street or public way, or portion thereof,
31 covered by the grant.
32 No ordinance authorizing a lease for a longer period than
33 5 years, nor any ordinance renewing any lease, shall go into
-77- LRB9001778DNmb
1 effect until the expiration of 30 days from and after its
2 publication. The ordinance shall be published in a newspaper
3 of general circulation in the city. The publication or
4 posting of the ordinance shall be accompanied by a notice of
5 (1) the specific number of voters required to sign a petition
6 requesting the question of authorizing the lease of a street
7 railway for a period longer than 5 years to be submitted to
8 the electors; (2) the time in which such petition must be
9 filed; and (3) the date of the prospective referendum. The
10 city clerk shall provide a petition form to any individual
11 requesting one. And if, within that 30 days, there is filed
12 with the city clerk a petition signed by voters in the
13 municipality equal to 10% or more of the registered voters in
14 the municipality, asking that the ordinance be submitted to a
15 popular vote, the ordinance shall not go into effect unless
16 the question of its adoption is first submitted to the
17 electors of the city and approved by a majority of those
18 voting thereon.
19 The signatures to the petition need not all be on one
20 paper but each signer shall add to his signature, which shall
21 be in his own handwriting, his place of residence, giving the
22 street and number. One of the signers of each such paper
23 shall make oath before an officer competent to administer
24 oaths, that each signature on the paper is the genuine
25 signature of the person whose name it purports to be.
26 Notwithstanding any other provision of this Section, on
27 and after the effective date of this amendatory Act of 1997,
28 every publication or posting of an ordinance under this
29 Section and every petition filed under this Section must
30 comply with the provisions of this paragraph. The
31 publication or posting shall include a notice of (i) the
32 specific number of voters required to sign a petition
33 requesting the submission of the question to the electors,
34 (ii) the time within which the petition must be filed, and
-78- LRB9001778DNmb
1 (iii) the date of the prospective referendum. The petition
2 must be signed by voters equal in number to 5% of the total
3 number of voters in the municipality who voted at the last
4 preceding general election at which electors of the President
5 and Vice-President of the United States were elected. The
6 petition must be filed within 30 days after the publication
7 or posting.
8 In case of the leasing by any city of any street railway
9 owned by it, the rental reserved shall be based on both the
10 actual value of the tangible property and of the franchise
11 contained in the lease, and the rental shall not be less than
12 a sufficient sum to meet the annual interest upon all
13 outstanding bonds or street railway certificates issued by
14 the city on account of that street railway.
15 (Source: P.A. 87-767.)
16 (65 ILCS 5/11-127-1) (from Ch. 24, par. 11-127-1)
17 Sec. 11-127-1. In all municipalities where waterworks
18 have been constructed, the corporate authorities of the
19 municipality may purchase or lease the waterworks from the
20 owner thereof. However, such a lease or purchase is not
21 binding upon the municipality until the corporate authorities
22 pass an ordinance which includes the terms of the lease or
23 purchase therein. This ordinance shall be published at least
24 once, within 10 days after passage, in one or more newspapers
25 published in the municipality, or, if no newspaper is
26 published therein, then in one or more newspapers with a
27 general circulation within the municipality. In
28 municipalities with less than 500 population in which no
29 newspaper is published, publication may instead be made by
30 posting a notice in 3 prominent places within the
31 municipality.
32 The publication or posting of the ordinance shall be
33 accompanied by a notice of (1) the specific number of voters
-79- LRB9001778DNmb
1 required to sign a petition requesting the question of
2 authorizing the purchase or lease of waterworks to be
3 submitted to the electors; (2) the time in which such
4 petition must be filed; and (3) the date of the prospective
5 referendum. The city clerk shall provide a petition form to
6 any individual requesting one.
7 If no petition is submitted to the corporate authorities,
8 as provided in this section, within 30 days after the
9 ordinance is so published and posted, the corporate
10 authorities may consummate the lease or purchase provided for
11 in the ordinance. But if within this period of 30 days there
12 is presented to the corporate authorities a petition signed
13 by electors of the municipality numbering 10% or more of the
14 number of registered voters in the municipality asking that
15 the question, whether the lease or purchase should be made,
16 be submitted to a vote, the corporate authorities by
17 ordinance shall designate the election at which the electors
18 of the municipality may vote upon that question and the city
19 clerk shall promptly certify the proposition for submission.
20 Notwithstanding any other provision of this Section, on
21 and after the effective date of this amendatory Act of 1997,
22 every publication or posting of an ordinance under this
23 Section and every petition filed under this Section must
24 comply with the provisions of this paragraph. The
25 publication or posting shall include a notice of (i) the
26 specific number of voters required to sign a petition
27 requesting the submission of the question to the electors,
28 (ii) the time within which the petition must be filed, and
29 (iii) the date of the prospective referendum. The petition
30 must be signed by voters equal in number to 5% of the total
31 number of voters in the municipality who voted at the last
32 preceding general election at which electors of the President
33 and Vice-President of the United States were elected. The
34 petition must be filed within 30 days after the publication
-80- LRB9001778DNmb
1 or posting.
2 If a majority of the electors voting upon that question
3 vote in favor of making the lease or purchase, then the
4 corporate authorities shall proceed to complete the lease or
5 purchase. But if a majority of the votes cast on the question
6 are against the lease or purchase, the corporate authorities
7 shall proceed no further with the lease or purchase for the
8 period of 6 months next ensuing.
9 (Source: P.A. 87-767.)
10 (65 ILCS 5/11-129-4) (from Ch. 24, par. 11-129-4)
11 Sec. 11-129-4. Within 10 days after an ordinance for any
12 project under this Division 129 has been passed, it shall be
13 published at least once in one or more newspapers published
14 in the municipality, or, if no newspaper is published
15 therein, then in one or more newspapers with a general
16 circulation within the municipality. In municipalities with
17 less than 500 population in which no newspaper is published,
18 publication may instead be made by posting a notice in 3
19 prominent places within the municipality.
20 If the ordinance authorizes the issuance of revenue bonds
21 for the purpose of purchasing an existing waterworks system
22 and if the revenue thereof (after proper adjustments and
23 elimination of nonrecurring charges under public ownership
24 based upon the average annual receipts and expenditures for
25 the 3 calendar years next preceding the date of the adoption
26 of the ordinance as shown by the annual reports for those
27 years made by the owners to the Illinois Commerce Commission)
28 is sufficient (1) to pay all operating and maintenance
29 expenses, (2) to pay into a depreciation fund a reasonable
30 amount as a depreciation reserve, and (3) to provide for the
31 payment when due of the principal of and interest upon the
32 bonds proposed to be issued to purchase the waterworks
33 system, the ordinance authorizing the issuance of those
-81- LRB9001778DNmb
1 revenue bonds shall be in effect immediately upon its
2 adoption and publication, or posting, as provided in this
3 section, notwithstanding any provision in this Code or any
4 other law to the contrary.
5 If the ordinance authorizes the issuance of revenue bonds
6 for the purpose of extending or improving an existing
7 waterworks system, after its acquisition, or a presently
8 municipally owned and operated waterworks system, and if the
9 ordinance specifies that those extensions or improvements are
10 to be paid for, either in whole or in part, by a loan or
11 grant, or both, from any federal agency, the ordinance
12 authorizing the issuance of those revenue bonds shall be in
13 effect immediately upon its adoption and publication, or
14 posting, as provided in this section, notwithstanding any
15 provision in this Code or any other law to the contrary.
16 The fact as to the sufficiency of the revenue in case of
17 the purchase of an existing waterworks system, or of the
18 intention of the corporate authorities to pay the cost of the
19 proposed extensions or improvements to an existing system
20 proposed to be purchased, or to a presently municipally owned
21 system, by a loan or grant, or both, from a federal agency
22 shall be determined by the ordinance authorizing the revenue
23 bonds and that determination when so expressed in that
24 ordinance shall be conclusive.
25 In all other cases, if no petition is filed with the
26 municipal clerk, as provided in this section, within 30 days
27 after the publication, or posting, of the ordinance, then,
28 after the expiration of those 30 days, the ordinance shall be
29 in effect. The publication or posting of an ordinance which
30 does not take effect immediately shall be accompanied by a
31 notice of (1) the specific number of voters required to sign
32 a petition requesting the question of authorizing the
33 issuance of revenue bonds for the purpose of building,
34 purchasing, improving or extending the waterworks or water
-82- LRB9001778DNmb
1 supply system to be submitted to the electors; (2) the time
2 in which such petition must be filed; and (3) the date of the
3 prospective referendum. The municipal clerk shall provide a
4 petition form to any individual requesting one. But if within
5 this period of 30 days a petition is filed with the municipal
6 clerk signed by electors of the municipality numbering 10% or
7 more of the number of registered voters in the municipality,
8 asking that the question of building, purchasing, improving,
9 or extending the waterworks or water supply system and the
10 issuance of revenue bonds therefor, as provided in the
11 ordinance, be submitted to the electors of the municipality,
12 the clerk shall certify the proposition for submission at an
13 election in accordance with the general election law.
14 Notwithstanding any other provision of this Section, on
15 and after the effective date of this amendatory Act of 1997,
16 every publication or posting of an ordinance under this
17 Section and every petition filed under this Section must
18 comply with the provisions of this paragraph. The
19 publication or posting shall include a notice of (i) the
20 specific number of voters required to sign a petition
21 requesting the submission of the question to the electors,
22 (ii) the time within which the petition must be filed, and
23 (iii) the date of the prospective referendum. The petition
24 must be signed by voters equal in number to 5% of the total
25 number of voters in the municipality who voted at the last
26 preceding general election at which electors of the President
27 and Vice-President of the United States were elected. The
28 petition must be filed within 30 days after the publication
29 or posting.
30 If a majority of the votes cast on the question are in
31 favor thereof, the ordinance shall be in effect. But if a
32 majority of the votes cast on the question are unfavorable,
33 the municipality shall proceed no further and the ordinance
34 shall not take effect.
-83- LRB9001778DNmb
1 (Source: P.A. 87-767.)
2 (65 ILCS 5/11-137-2) (from Ch. 24, par. 11-137-2)
3 Sec. 11-137-2. In all municipalities where any person
4 has constructed a waterworks or sewerage system, or both, the
5 municipality may purchase or lease that waterworks or
6 sewerage system, or both, from the owners thereof, subject to
7 the provisions of this Division 137.
8 Before such a lease or purchase is binding upon the
9 municipality, the corporate authorities shall pass an
10 ordinance authorizing the municipality to lease or purchase
11 that waterworks or sewerage system, or both, and shall
12 include in the ordinance the terms, as near as practicable,
13 upon which the lease or purchase shall be made. The ordinance
14 shall be published at least once, within 10 days after
15 passage, in one or more newspapers published in the
16 municipality, or, if no newspaper is published therein, then
17 in one or more newspapers with a general circulation within
18 the municipality. In municipalities with less than 500
19 population in which no newspaper is published, publication
20 may instead be made by posting a notice in 3 prominent places
21 within the municipality.
22 The publication or posting of the ordinance shall be
23 accompanied by a notice of (1) the specific number of voters
24 required to sign a petition requesting the question of
25 authorizing the lease or purchase of a waterworks or sewerage
26 system to be submitted to the electors; (2) the time in which
27 such petition must be filed; and (3) the date of the
28 prospective referendum. The municipal clerk shall provide a
29 petition form to any individual requesting one.
30 If no petition is presented to the corporate authorities
31 as hereinafter provided, within 30 days after the ordinance
32 is so published and posted, the corporate authorities may
33 consummate the lease or purchase of that waterworks or
-84- LRB9001778DNmb
1 sewerage system, or both, as provided in the ordinance. If
2 within 30 days after the first publication of the ordinance a
3 petition is filed with the municipal clerk signed by electors
4 of the municipality numbering 10% or more of the number of
5 registered voters in the municipality, asking that the
6 question of leasing or purchasing that waterworks or sewerage
7 system, or both, as provided in the ordinance, be submitted
8 to a vote, the clerk shall certify the proposition and the
9 corporate authorities shall designate an election at which
10 the question shall be submitted.
11 Notwithstanding any other provision of this Section, on
12 and after the effective date of this amendatory Act of 1997,
13 every publication or posting of an ordinance under this
14 Section and every petition filed under this Section must
15 comply with the provisions of this paragraph. The
16 publication or posting shall include a notice of (i) the
17 specific number of voters required to sign a petition
18 requesting the submission of the question to the electors,
19 (ii) the time within which the petition must be filed, and
20 (iii) the date of the prospective referendum. The petition
21 must be signed by voters equal in number to 5% of the total
22 number of voters in the municipality who voted at the last
23 preceding general election at which electors of the President
24 and Vice-President of the United States were elected. The
25 petition must be filed within 30 days after the publication
26 or posting.
27 If a majority of the votes cast on the question are in
28 favor thereof, the corporate authorities may complete the
29 lease or purchase, but if a majority of the votes cast on the
30 question are unfavorable, no further action shall be taken by
31 the municipality for a period of not less than 6 months.
32 Thereafter, the same or another question may be submitted as
33 before.
34 (Source: P.A. 87-767.)
-85- LRB9001778DNmb
1 (65 ILCS 5/11-139-6) (from Ch. 24, par. 11-139-6)
2 Sec. 11-139-6. Within 10 days after the ordinance for any
3 project under this Division 139 has been passed, it shall be
4 published at least once in one or more newspapers published
5 in the municipality, or, if no newspaper is published
6 therein, then in one or more newspapers with a general
7 circulation within the municipality. In municipalities with
8 less than 500 population in which no newspaper is published,
9 publication may instead be made by posting a notice in 3
10 prominent places within the municipality. The publication or
11 posting of the ordinance shall be accompanied by a notice of
12 (1) the specific number of voters required to sign a petition
13 requesting the question of the adoption of the ordinance be
14 submitted to the electors of the municipality; (2) the time
15 in which such petition must be filed; and (3) the date of the
16 prospective referendum. The municipal clerk shall provide a
17 petition form to any individual requesting one. If no
18 petition is filed with the municipal clerk, as provided in
19 this section, within 30 days after the publication or posting
20 of the ordinance, it shall be in effect. But if within this
21 30 day period a petition is filed with the municipal clerk
22 signed by electors of the municipality numbering 10% or more
23 of the number of registered voters in the municipality,
24 asking that the question of acquiring, constructing,
25 extending, or improving the combined waterworks and sewerage
26 system, as provided in the ordinance, and the issuance of
27 revenue bonds therefor be submitted to the electors of the
28 municipality, the municipal clerk shall certify such question
29 for submission at an election in accordance with the general
30 election law.
31 Notwithstanding any other provision of this Section, on
32 and after the effective date of this amendatory Act of 1997,
33 every publication or posting of an ordinance under this
34 Section and every petition filed under this Section must
-86- LRB9001778DNmb
1 comply with the provisions of this paragraph. The
2 publication or posting shall include a notice of (i) the
3 specific number of voters required to sign a petition
4 requesting the submission of the question to the electors,
5 (ii) the time within which the petition must be filed, and
6 (iii) the date of the prospective referendum. The petition
7 must be signed by voters equal in number to 5% of the total
8 number of voters in the municipality who voted at the last
9 preceding general election at which electors of the President
10 and Vice-President of the United States were elected. The
11 petition must be filed within 30 days after the publication
12 or posting.
13 If a majority of the votes cast on the question are in
14 favor thereof, the ordinance shall be in effect. But if a
15 majority of the votes cast on the question are unfavorable,
16 the municipality shall proceed no further and the ordinance
17 shall not take effect.
18 (Source: P.A. 87-767.)
19 (65 ILCS 5/11-141-4) (from Ch. 24, par. 11-141-4)
20 Sec. 11-141-4. Within 10 days after this ordinance has
21 been passed, it shall be published at least once in one or
22 more newspapers published in the municipality, or, if no
23 newspaper is published therein, then in one or more
24 newspapers with a general circulation within the
25 municipality. In municipalities with less than 500 population
26 in which no newspaper is published, publication may instead
27 be made by posting a notice in 3 prominent places within the
28 municipality.
29 If the ordinance specifies that the municipality has been
30 directed by an order issued under the provisions of "An Act
31 to establish a Sanitary Water Board and to control, prevent
32 and abate pollution of the streams, lakes, ponds and other
33 surface and underground waters in the State, and to repeal an
-87- LRB9001778DNmb
1 Act named therein", approved July 12, 1951, as heretofore and
2 hereafter amended, and the Environmental Protection Act, to
3 abate its discharge of untreated or inadequately treated
4 sewage, the ordinance authorizing the issuance of those
5 revenue bonds shall be in effect immediately upon its
6 adoption and publication, or posting, as provided in this
7 section, notwithstanding any provision in this Code or any
8 other law to the contrary.
9 In all other cases, if no petition is filed with the
10 municipal clerk as hereinafter provided in this section,
11 within 30 days after the publication or posting of the
12 ordinance, the ordinance shall be in effect after the
13 expiration of that 30 day period. In such cases the
14 publication or posting of the ordinance shall be accompanied
15 by a notice of (1) the specific number of voters required to
16 sign a petition requesting the question of improving or
17 extending or of construction or acquiring and improving and
18 extending a sewerage system and of issuing revenue bonds to
19 be submitted to the electors; (2) the time in which such
20 petition must be filed; and (3) the date of the prospective
21 referendum. The municipal clerk shall provide a petition
22 form to any individual requesting one. But if within that 30
23 day period a petition is filed with the municipal clerk
24 signed by electors of the municipality numbering 10% or more
25 of the number of registered voters in the municipality,
26 asking that the question of improving or extending or of
27 construction or acquiring and improving and extending a
28 sewerage system and of issuing revenue bonds to pay the cost
29 thereof be submitted to the electors of the municipality, the
30 municipal clerk of the municipality shall certify the
31 question for submission at an election.
32 Notwithstanding any other provision of this Section, on
33 and after the effective date of this amendatory Act of 1997,
34 every publication or posting of an ordinance under this
-88- LRB9001778DNmb
1 Section and every petition filed under this Section must
2 comply with the provisions of this paragraph. The
3 publication or posting shall include a notice of (i) the
4 specific number of voters required to sign a petition
5 requesting the submission of the question to the electors,
6 (ii) the time within which the petition must be filed, and
7 (iii) the date of the prospective referendum. The petition
8 must be signed by voters equal in number to 5% of the total
9 number of voters in the municipality who voted at the last
10 preceding general election at which electors of the President
11 and Vice-President of the United States were elected. The
12 petition must be filed within 30 days after the publication
13 or posting.
14 If a majority of the electors voting upon the question
15 voted in favor thereof, the ordinance shall be in effect, but
16 if a majority of the electors voting upon the questions are
17 not in favor thereof, the ordinance shall not take effect.
18 (Source: P.A. 87-767.)
19 Section 60. The Economic Development Project Area Tax
20 Increment Allocation Act of 1995 is amended by changing
21 Section 55 as follows:
22 (65 ILCS 110/55)
23 Sec. 55. Issuance of obligations for economic
24 development project costs.
25 (a) Obligations secured by the special tax allocation
26 fund provided for in Section 50 for the economic development
27 project area may be issued to provide for the payment of
28 economic development project costs. The obligations, when
29 issued, shall be retired in the manner provided in the
30 ordinance authorizing the issuance of the obligations by the
31 receipts of taxes levied as specified in Section 45 against
32 the taxable property included in the economic development
-89- LRB9001778DNmb
1 project area and by other revenue designated or pledged by
2 the municipality. A municipality may in the ordinance pledge
3 all or any part of the moneys in and to be deposited into the
4 special tax allocation fund created under Section 50 to the
5 payment of the economic development project costs and
6 obligations. Whenever a municipality pledges all of the
7 moneys to the credit of a special tax allocation fund to
8 secure obligations issued or to be issued to pay economic
9 development project costs, the municipality may specifically
10 provide that moneys remaining to the credit of the special
11 tax allocation fund after the payment of the obligations
12 shall be accounted for annually and shall be deemed to be
13 "surplus" moneys, and those "surplus" moneys shall be
14 distributed as provided in this Section. Whenever a
15 municipality pledges less than all of the moneys to the
16 credit of the special tax allocation fund to secure
17 obligations issued or to be issued to pay economic
18 development project costs, the municipality shall provide
19 that moneys to the credit of the special tax allocation fund
20 and not subject to the pledge or otherwise encumbered or
21 required for payment of contractual obligations for specific
22 economic development project costs shall be calculated
23 annually and shall be deemed to be "surplus" moneys, and
24 those "surplus" moneys shall be distributed as provided in
25 this Section. All moneys to the credit of the special tax
26 allocation fund that are deemed to be "surplus" moneys shall
27 be distributed annually within 180 days after the close of
28 the municipality's fiscal year by being paid by the municipal
29 treasurer to the county collector. The county collector shall
30 make distribution to the respective taxing districts in the
31 same manner and proportion as the most recent distribution by
32 the county collector to those taxing districts of real
33 property taxes from real property in the economic development
34 project area.
-90- LRB9001778DNmb
1 (b) Without limiting the provisions of subsection (a),
2 the municipality may, in addition to obligations secured by
3 the special tax allocation fund, pledge (for a period not
4 greater than the term of the obligations) towards payment of
5 those obligations any part or any combination of the
6 following: (i) net revenues of all or part of the economic
7 development project; (ii) taxes levied and collected on any
8 or all property in the municipality including, specifically,
9 taxes levied or imposed by the municipality in a special
10 service area under the Special Service Area Tax Act; (iii)
11 the full faith and credit of the municipality; (iv) a
12 mortgage on part or all of the economic development project;
13 or (v) any other taxes or anticipated receipts that the
14 municipality may lawfully pledge.
15 (c) The obligations may be issued in one or more series
16 bearing interest at rates the municipality determines by
17 ordinance. The rates may be variable or fixed, without regard
18 to any limitations contained in any law now in effect or
19 later adopted. The obligations shall bear dates, mature at a
20 time or times not exceeding 20 years from their respective
21 dates (but not exceeding 23 years from the date of
22 establishment of the economic development project area), be
23 in a denomination, be in a form (whether coupon, registered,
24 or book-entry), carry registration, conversion, and exchange
25 privileges, be executed in a manner, be payable in a medium
26 of payment at a place or places within or without the State
27 of Illinois, contain covenants, terms, and conditions, be
28 subject to redemption with or without premium, be subject to
29 defeasance upon terms, and have rank or priority as the
30 ordinance provides. Obligations issued under this Act may be
31 sold at public or private sale at a price determined by the
32 corporate authorities of the municipality. The obligations
33 may be issued utilizing the provisions of any one or more of
34 the Omnibus Bond Acts specified in Section 1.33 of the
-91- LRB9001778DNmb
1 Statute on Statutes. No referendum approval of the electors
2 shall be required as a condition to the issuance of
3 obligations under this Act except as provided in this
4 Section.
5 (d) If the municipality authorizes the issuance of
6 obligations under this Act secured by the full faith and
7 credit of the municipality or pledges ad valorem taxes under
8 clause (ii) of subsection (b) of this Section (and the
9 obligations are other than obligations that may be issued
10 under home rule powers provided by Article VII, Section 6 of
11 the Illinois Constitution, or the ad valorem taxes are other
12 than ad valorem taxes that may pledged under home rule powers
13 provided by Article VII, Section 6 of the Illinois
14 Constitution or that are levied in a special service area
15 under the Special Service Area Tax Act), the ordinance
16 authorizing the issuance of the obligations or pledging those
17 taxes shall be published within 10 days after the ordinance
18 has been passed in one or more newspapers having a general
19 circulation within the municipality. The publication of the
20 ordinance shall be accompanied by a notice of (i) the
21 specific number of voters required to sign a petition
22 requesting the question of the issuance of the obligations or
23 pledging ad valorem taxes to be submitted to the electors;
24 (ii) the time in which the petition must be filed; and (iii)
25 the date of the prospective referendum. The municipal clerk
26 shall provide a petition form to any individual requesting
27 one.
28 Notwithstanding any other provision of this Section, on
29 and after the effective date of this amendatory Act of 1997,
30 every petition filed under this Section must comply with the
31 provisions of this paragraph. The petition must be signed by
32 voters equal in number to 5% of the total number of voters in
33 the municipality who voted at the last preceding general
34 election at which electors of the President and
-92- LRB9001778DNmb
1 Vice-President of the United States were elected. The
2 petition must be filed within 30 days after the publication
3 or posting.
4 (e) If no petition is filed with the clerk of the
5 municipality that adopted the ordinance within 30 21 days
6 after the publication of the ordinance, the ordinance shall
7 be in effect. If, however, within that 30-day 21-day period a
8 petition is filed with the municipal clerk, signed by
9 electors numbering not less than 5% of the registered voters
10 in the municipality, asking that the question of issuing
11 obligations using the full faith and credit of the
12 municipality as security for the cost of paying for economic
13 development project costs or of pledging ad valorem taxes for
14 the payment of those obligations, or both, be submitted to
15 the electors of the municipality, the municipality shall not
16 be authorized to issue obligations of the municipality using
17 the full faith and credit of the municipality as security or
18 pledging ad valorem taxes for the payment of the obligations,
19 or both, until the proposition has been submitted to and
20 approved by a majority of the voters voting on the
21 proposition at a regularly scheduled election. The
22 municipality shall certify the proposition to the proper
23 election authorities for submission in accordance with the
24 general election law.
25 (f) The ordinance authorizing the obligations may
26 provide that the obligations shall contain a recital that
27 they are issued under this Act, and that recital shall be
28 conclusive evidence of their validity and of the regularity
29 of their issuance.
30 (g) If the municipality authorizes the issuance of
31 obligations under this Act secured by the full faith and
32 credit of the municipality, the ordinance authorizing the
33 obligations may provide for the levy and collection of a
34 direct annual tax upon all taxable property within the
-93- LRB9001778DNmb
1 municipality sufficient to pay the principal of and interest
2 on the obligations as it matures. The levy may be in
3 addition to and exclusive of the maximum of all other taxes
4 authorized to be levied by the municipality, but shall be
5 abated to the extent that moneys from other sources are
6 available for payment of the obligations and the municipality
7 certifies the amount of those moneys available to the county
8 clerk.
9 (h) A municipality shall file a certified copy of an
10 ordinance authorizing the issuance of obligations under this
11 Act with the municipal clerk. The filing shall constitute
12 the authority for the extension and collection of the taxes
13 to be deposited in the special tax allocation fund.
14 (i) A municipality may also issue its obligations to
15 refund, in whole or in part, obligations previously issued by
16 the municipality under this Act, whether at or prior to
17 maturity. The last maturity of the refunding obligations,
18 however, shall not be expressed to mature later than 23 years
19 from the date of the ordinance approving the economic
20 development project areas.
21 (j) If a municipality issues obligations under home rule
22 powers or other legislative authority, the proceeds of which
23 are pledged to pay for economic development project costs,
24 the municipality may, if it has followed the procedures set
25 forth in this Act, retire those obligations from moneys in
26 the special tax allocation fund in amounts and a manner as if
27 those obligations had been issued under this Act.
28 (k) No obligations issued under this Act shall be
29 regarded as an indebtedness of the municipality issuing the
30 obligations or any other taxing district for the purpose of
31 any limitation imposed by law.
32 (l) Obligations issued under this Act shall not be
33 subject to the Bond Authorization Act.
34 (Source: P.A. 89-176, eff. 1-1-96.)
-94- LRB9001778DNmb
1 Section 65. The Airport Authorities Act is amended by
2 changing Sections 17 and 17.3 as follows:
3 (70 ILCS 5/17) (from Ch. 15 1/2, par. 68.17)
4 Sec. 17. Dissolution of an authority. In case any
5 Airport Authority has not become or has ceased to be the
6 owner of an airport and has fully discharged all of its debts
7 and obligations or has arranged for the assumption thereof by
8 any other public agency, it may be dissolved in the manner
9 following:
10 Its board of commissioners shall adopt an ordinance
11 finding and determining that the foregoing conditions exist
12 and that the public interest does not require continuation of
13 the Authority. A certified copy of such ordinance shall be
14 delivered to the Department of Transportation and if the
15 department shall find and determine that the facts stated in
16 the ordinance are true it shall so certify to the board of
17 commissioners of the Authority. Thereupon the ordinance and
18 certificate shall be published once in a daily or weekly
19 newspaper or newspapers of general circulation within the
20 Authority and, if there be no such newspaper, such ordinance
21 and certificate shall be posted in ten of the most public
22 places in the Authority. Such publication or posting of the
23 ordinance shall include a notice of (1) the specific number
24 of voters required to sign a petition requesting the
25 submission to the electors of the question of the dissolution
26 of the Authority; (2) the time in which such petition must
27 be filed; and (3) the date of the prospective referendum.
28 The secretary of the Board shall provide a petition form to
29 any individual requesting one. Unless a petition shall be
30 filed with the board within 30 days after such publication or
31 posting containing the signatures of voters equal in number
32 to 10% or more of the total number of registered voters in
33 the territory of the Authority requesting that the question
-95- LRB9001778DNmb
1 of the dissolution of the Authority be submitted to an
2 election, the Authority shall be deemed to be dissolved at
3 the expiration of the thirty day period. If such a petition
4 is filed then the question of the dissolution of the
5 Authority shall be certified to the proper election
6 officials, who shall submit the question to the electors of
7 the Authority at an election in accordance with the general
8 election law.
9 Notwithstanding any other provision of this Section, on
10 and after the effective date of this amendatory Act of 1997,
11 every publication or posting of an ordinance under this
12 Section and every petition filed under this Section must
13 comply with the provisions of this paragraph. The
14 publication or posting shall include a notice of (i) the
15 specific number of voters required to sign a petition
16 requesting the submission of the question to the electors,
17 (ii) the time within which the petition must be filed, and
18 (iii) the date of the prospective referendum. The
19 publication or posting also must include a general
20 description of the boundaries of the Authority, using easily
21 recognized descriptions. The petition must be signed by
22 voters equal in number to 5% of the total number of voters in
23 the territory of the Authority who voted at the last
24 preceding general election at which electors of the President
25 and Vice-President of the United States were elected. The
26 petition must be filed within 30 days after the publication
27 or posting.
28 The question shall be in substantially the following
29 form:
30 -------------------------------------------------------------
31 "Shall the.... YES
32 Airport Authority -----------------------------
33 be dissolved?" NO
34 -------------------------------------------------------------
-96- LRB9001778DNmb
1 The result of the election shall be entered upon the
2 corporate records of the Authority.
3 If a majority of the ballots cast on the question are
4 marked "yes" the Authority shall be dissolved. But if a
5 majority of the ballots on the question are marked "no", the
6 corporate authorities shall proceed with the affairs of the
7 Authority as though the dissolution ordinance had never been
8 adopted, and, in such case, the question shall not again be
9 considered for a period of two years. When the business and
10 affairs of any such Authority have been closed up after the
11 dissolution thereof such fact shall be certified by the
12 chairman of its board of commissioners to the county clerk
13 and recorder of the county or counties in which the Authority
14 was situated and to the Secretary of State.
15 (Source: P.A. 87-767.)
16 (70 ILCS 5/17.3) (from Ch. 15 1/2, par. 68.17c)
17 Sec. 17.3. Any Metropolitan Airport Authority which, on
18 the effective date of this amendatory Act of 1986, does not
19 have a runway in excess of 5,100 feet shall, prior to the
20 construction of a new runway or the extension of any existing
21 runway to a length in excess of 5,100 feet, publish notice of
22 such intent in a newspaper published within the Authority and
23 having a general circulation within the Authority, for 3
24 successive weeks. The publication of the notice shall
25 include a notice of (1) the specific number of voters
26 required to sign a petition requesting that the question of
27 the construction of a new runway or extension of an existing
28 runway be submitted to the voters of the Authority; (2) the
29 time within which the petition must be filed; and (3) the
30 date of the prospective referendum. The secretary of the
31 Board shall provide a petition form to any individual
32 requesting one.
33 If within 30 days after publication of the last such
-97- LRB9001778DNmb
1 notice no objection has been made, construction consistent
2 with the notice may commence.
3 Objection may be made by filing a petition with the
4 circuit court bearing the signatures of voters in the
5 Authority equal in number to 10% or more of the registered
6 voters in the Authority. If such an objection is made, the
7 construction may not commence until the proposal is approved
8 by a referendum held at the next election in accordance with
9 the general election law. Such referendum shall be held in
10 the entire territory of the Authority.
11 Notwithstanding any other provision of this Section, on
12 and after the effective date of this amendatory Act of 1997,
13 every publication or posting of an ordinance under this
14 Section and every petition filed under this Section must
15 comply with the provisions of this paragraph. The
16 publication or posting shall include a notice of (i) the
17 specific number of voters required to sign a petition
18 requesting the submission of the question to the electors,
19 (ii) the time within which the petition must be filed, and
20 (iii) the date of the prospective referendum. The
21 publication or posting also must include a general
22 description of the boundaries of the Authority, using easily
23 recognized descriptions. The petition must be signed by
24 voters equal in number to 5% of the total number of voters in
25 the territory of the Authority who voted at the last
26 preceding general election at which electors of the President
27 and Vice-President of the United States were elected. The
28 petition must be filed within 30 days after the publication
29 or posting.
30 (Source: P.A. 86-1253; 87-767.)
31 Section 70. The Springfield Metropolitan Exposition and
32 Auditorium Authority Act is amended by changing Section 13(a)
33 as follows:
-98- LRB9001778DNmb
1 (70 ILCS 345/13(a)) (from Ch. 85, par. 1263a)
2 Sec. 13(a). The Authority may borrow money for the
3 purpose of carrying out its duties and exercising its powers
4 under this Act, and issue its general obligation and revenue
5 bonds as evidence of the indebtedness incurred. In addition
6 to other purposes, such bonds may be issued for the purpose
7 of refunding outstanding general obligation or revenue bonds
8 of the Authority. Such general obligation and revenue bonds
9 shall be in the form, shall mature at the time (no later than
10 40 years from the date of issuance), shall bear interest at
11 the rates (not to exceed the maximum rate authorized by the
12 Bond Authorization Act, as amended at the time of the making
13 of the contract), shall be executed by the officers and shall
14 be sold in the manner as the Board shall determine; except
15 that if issued to bear interest at the the maximum rate
16 authorized by the Bond Authorization Act, as amended at the
17 time of the making of the contract, the bonds shall be sold
18 for not less than par and accrued interest, and that the
19 selling prices of bonds bearing interest at a rate of less
20 than the maximum rate authorized by the Bond Authorization
21 Act, as amended at the time of the making of the contract,
22 shall be such that the interest cost to the Authority of the
23 money received from the sale of the bonds shall not exceed
24 the maximum rate authorized by the Bond Authorization Act, as
25 amended at the time of the making of the contract, computed
26 to absolute maturity of the bonds in accordance with standard
27 tables of bond values. In case any officer whose signature
28 appears on any bond ceases, after affixing his signature, to
29 hold office, his signature shall nevertheless be valid and
30 effective for all purposes. Before any such bonds (for which
31 a referendum is not required by Section 13(b) of this Act)
32 may be authorized to be issued, the Board shall by ordinance
33 propose the issuance of the bonds. This ordinance shall set
34 forth the total principal amount of bonds proposed to be
-99- LRB9001778DNmb
1 issued and shall in a general way describe the purpose for
2 which the bonds are to be issued. After this ordinance has
3 been passed by the Board it shall within 10 days be published
4 once in a newspaper published and having a general
5 circulation within the metropolitan area. The publication of
6 the ordinance shall include a notice of (1) the specific
7 number of voters required to sign a petition requesting that
8 the question of the adoption of the ordinance be submitted to
9 the electors of the metropolitan area; (2) the time in which
10 the petition must be filed; and (3) the date of the
11 prospective referendum. The Secretary of the Board shall
12 provide a petition form to any individual requesting one.
13 If within 30 days after the publication of the ordinance
14 proposing the issuance of bonds for which a referendum is not
15 required by Section 13(b) of this Act, a petition signed by
16 registered voters of the metropolitan area equal to 10% or
17 more of the registered voters in the metropolitan area, is
18 filed with the Secretary of the Board asking for a referendum
19 on the proposition to issue the bonds, the Board shall
20 certify the proposition, in the form provided by Section
21 13(b) of this Act to the proper election officials in
22 accordance with the general election law. If no such petition
23 or no valid petition is filed within 30 days after the
24 publication of the ordinance, it shall then be in effect. If
25 such a petition is so filed the ordinance proposing the
26 issuance of the bonds shall not be in effect and the bonds
27 proposed by the ordinance shall not be issued until the
28 proposition has been approved by a majority of the voters of
29 the metropolitan area voting on the proposition.
30 Notwithstanding any other provision of this Section, on
31 and after the effective date of this amendatory Act of 1997,
32 every publication of an ordinance under this Section and
33 every petition filed under this Section must comply with the
34 provisions of this paragraph. The publication shall include
-100- LRB9001778DNmb
1 a notice of (i) the specific number of voters required to
2 sign a petition requesting the submission of the question to
3 the electors, (ii) the time within which the petition must be
4 filed, and (iii) the date of the prospective referendum. The
5 publication also must include a general description of the
6 boundaries of the metropolitan area, using easily recognized
7 descriptions. The petition must be signed by voters equal in
8 number to 5% of the total number of voters in the
9 metropolitan area who voted at the last preceding general
10 election at which electors of the President and
11 Vice-President of the United States were elected. The
12 petition must be filed within 30 days after the publication
13 or posting.
14 When the ordinance proposing the issuance of the bonds is
15 in effect, the Board may by ordinance authorize the issuance
16 of such bonds setting forth the maturity schedule, interest
17 rate, form and other details of the bonds and their issuance.
18 A copy of the ordinance so authorizing the issuance of the
19 bonds certified by the secretary shall be filed in the office
20 of the County Clerk.
21 With respect to instruments for the payment of money
22 issued under this Section either before, on, or after the
23 effective date of this amendatory Act of 1989, it is and
24 always has been the intention of the General Assembly (i)
25 that the Omnibus Bond Acts are and always have been
26 supplementary grants of power to issue instruments in
27 accordance with the Omnibus Bond Acts, regardless of any
28 provision of this Act that may appear to be or to have been
29 more restrictive than those Acts, (ii) that the provisions of
30 this Section are not a limitation on the supplementary
31 authority granted by the Omnibus Bond Acts, and (iii) that
32 instruments issued under this Section within the
33 supplementary authority granted by the Omnibus Bond Acts are
34 not invalid because of any provision of this Act that may
-101- LRB9001778DNmb
1 appear to be or to have been more restrictive than those
2 Acts.
3 (Source: P.A. 86-4; 87-767.)
4 Section 75. The Fire Protection District Act is amended
5 by changing Sections 14 and 22 as follows:
6 (70 ILCS 705/14) (from Ch. 127 1/2, par. 34)
7 Sec. 14. The Board of Trustees may levy and collect other
8 taxes for all corporate purposes, including, without limiting
9 the generality of the foregoing, the payment of all
10 obligations incurred in taking over the fire protection
11 facilities of any city, village or incorporated town located
12 within the boundaries of any such district, including all
13 pension or annuity plans of any such city, village or
14 incorporated town applicable to the maintenance of fire
15 protection facilities, and further for the purposes of
16 building, repairing and improving fire houses, of the renting
17 of buildings and property for corporate purposes, of
18 procuring firehouse land or sites, fire-fighting apparatus
19 and equipment, and of procuring apparatus and equipment for
20 emergencies involving hazardous substances and providing
21 appropriate training for such situations, exclusive of taxes
22 to pay bonded indebtedness upon all the taxable property
23 within the territorial limits of such fire protection
24 districts, the aggregate amount of which shall not exceed
25 0.125% of the value, as equalized or assessed by the
26 Department of Revenue, except as provided in this Section.
27 All taxes proposed to be levied by a district shall be
28 levied by ordinance, a certified copy of which shall be filed
29 with the county clerk of the county in which the taxes are to
30 be collected not later than the last Tuesday in December in
31 each year.
32 The Board of Trustees may accumulate funds for the
-102- LRB9001778DNmb
1 purposes of building, repairing and improving firehouses, for
2 the purposes of procuring firehouse land or sites,
3 fire-fighting apparatus and equipment, and for the purposes
4 of procuring appropriate apparatus, equipment, and training
5 for emergencies involving hazardous substances and may
6 annually levy taxes for such purposes in excess of current
7 requirements for its other purposes but subject to the tax
8 rate limitations as provided in this Section.
9 If the Board of Trustees desires to levy such taxes at a
10 rate in excess of 0.125% and in excess of 0.30% but not in
11 excess of 0.40% of the value of all taxable property within
12 the district as equalized or assessed by the Department of
13 Revenue, it shall certify the question to the proper election
14 officials, who shall submit the question at an election in
15 accordance with the general election law. The result of such
16 referendum shall be entered upon the records of the district.
17 If a majority of the voters at such election vote in favor of
18 the proposition, the Board of Trustees may levy such taxes at
19 a rate not to exceed 0.40% of the value of all taxable
20 property within the district as equalized or assessed by the
21 Department of Revenue. The proposition shall be in
22 substantially the following form:
23 -------------------------------------------------------------
24 Shall the maximum allowable tax rate
25 for the.... Fire Protection District YES
26 be increased from 0.125% to 0.40% (or from
27 0.30% to 0.40%, as the case may be) ---------------
28 of the value of all taxable property within
29 the District as equalized or assessed by NO
30 the Department of Revenue?
31 -------------------------------------------------------------
32 The Board of Trustees has power to levy such taxes at a
33 rate in excess of 0.125% but not in excess of 0.30% of the
34 value of all taxable property within the district, as
-103- LRB9001778DNmb
1 equalized or assessed by the Department of Revenue, under the
2 following terms and conditions.
3 The board of trustees shall proceed in like manner prior
4 to the adoption of an ordinance providing for the levy of
5 taxes at a rate not in excess of 0.30% as if the board of
6 trustees had followed the procedures to adopt an ordinance
7 not in excess of 0.125% of the value of all taxable property
8 within the district as equalized or assessed by the
9 Department of Revenue.
10 The board of trustees shall provide by ordinance for the
11 levy and collection of taxes at a rate not in excess of 0.30%
12 of the value of all taxable property within the district as
13 equalized or assessed by the Department of Revenue. A
14 certified copy of such ordinance shall be filed in the office
15 of the county clerk of each county in which any portion of
16 the territory of such fire protection district is situated,
17 which certified copy constitutes authority for the clerk or
18 clerks in each case to extend taxes annually at the rate so
19 provided against all of the taxable property contained in the
20 fire protection district.
21 After such ordinance has been passed, it shall be
22 published once within 30 days after its passage in one or
23 more newspapers published in the fire protection district or,
24 if no newspaper is published therein, it shall be published
25 in a newspaper published in the county in which such district
26 is located and having general circulation within such
27 district. If no newspaper is published in the county having
28 general circulation in the district, publication may be made
29 instead by posting copies of such ordinance in 10 public
30 places within the fire protection district. The publication
31 or posting of the ordinance shall include a notice of (1) the
32 specific number of voters required to sign a petition
33 requesting that the question of the adoption of the tax levy
34 be submitted to the voters of the district; (2) the time
-104- LRB9001778DNmb
1 within which the petition must be filed; and (3) the date of
2 the prospective referendum. The district secretary shall
3 provide a petition form to any individual requesting one. The
4 ordinance shall not become effective until 30 days after its
5 publication or the date of such posting of such copies.
6 Whenever a petition signed by the electors of the fire
7 protection district equal in number to 10% or more of the
8 registered voters in the fire protection district is filed
9 with the Board of Trustees thereof which has adopted an
10 ordinance providing for such increase in the rate of taxes
11 and such petition has been filed with the Board of Trustees
12 within 30 days after the publication or the date of the
13 posting of the copies which petition seeks the submission of
14 such increase in the rate of taxes to an election, the Board
15 of Trustees shall certify the question to the proper election
16 officials who shall submit the question at an election in
17 accordance with the general election law.
18 Notwithstanding any other provision of this Section, on
19 and after the effective date of this amendatory Act of 1997,
20 every publication or posting of an ordinance under this
21 Section and every petition filed under this Section must
22 comply with the provisions of this paragraph. The
23 publication or posting shall include a notice of (i) the
24 specific number of voters required to sign a petition
25 requesting the submission of the question to the electors,
26 (ii) the time within which the petition must be filed, and
27 (iii) the date of the prospective referendum. The
28 publication or posting also must include a general
29 description of the boundaries of the district, using easily
30 recognized descriptions. The petition must be signed by
31 voters equal in number to 5% of the total number of voters in
32 the district who voted at the last preceding general election
33 at which electors of the President and Vice-President of the
34 United States were elected. The petition must be filed
-105- LRB9001778DNmb
1 within 30 days after the publication or posting.
2 The proposition shall be substantially in the following
3 form:
4 -------------------------------------------------------------
5 Shall the maximum allowable tax
6 rate for .... Fire Protection YES
7 District be increased from 0.125%
8 to 0.30% of the value of all taxable -----------------------
9 property within the District
10 as equalized or assessed by the NO
11 Department of Revenue?
12 -------------------------------------------------------------
13 The foregoing limitations upon tax rates may be further
14 increased or decreased under the referendum provisions of the
15 General Revenue Law of Illinois.
16 (Source: P.A. 86-346; 86-1194; 86-1253; 86-1475; 86-1480;
17 87-712; 87-767; 87-895; 87-1189.)
18 (70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
19 Sec. 22. The Board of Trustees of any fire protection
20 district incorporated under this Act is authorized under the
21 terms and conditions hereinafter set out, to provide
22 emergency ambulance service to or from points within or
23 without the district; to contract with providers of ambulance
24 service; to combine with other units of governments for the
25 purpose of providing ambulance service; to levy a tax for the
26 provision of such service and to adopt rules and regulations
27 relating to ambulance service within their jurisdiction.
28 (a) It is declared as a matter of public policy:
29 (1) That, in order to preserve, protect and promote
30 the public health, safety and general welfare, adequate
31 and continuing emergency ambulance service should be
32 available to every citizen of Illinois;
33 (2) That, insofar as it is economically feasible,
-106- LRB9001778DNmb
1 emergency ambulance service should be provided by private
2 enterprise; and
3 (3) That, in the event adequate and continuing
4 emergency ambulance services do not exist, fire
5 protection districts should be authorized to provide, and
6 shall cause to be provided, ambulance service as a public
7 responsibility.
8 (b) Whenever the Board of Trustees of a fire protection
9 district desires to levy a special tax to provide an
10 ambulance service, it shall certify the question to the
11 proper election officials, who shall submit that question at
12 an election to the voters of the district. The result of such
13 referendum shall be entered upon the records of the district.
14 If a majority of the votes on the proposition are in favor of
15 such proposition, the Board of Trustees may thereafter levy a
16 special tax at a rate not to exceed .30% of the value of all
17 taxable property within the district as equalized or assessed
18 by the Department of Revenue. The proposition shall be in
19 substantially the following form:
20 -------------------------------------------------------------
21 Shall the .... Fire Protection
22 District levy a special tax at a rate YES
23 not to exceed .30% of the value of all
24 taxable property within the district as --------------------
25 equalized or assessed by the Department
26 of Revenue for the purpose of providing NO
27 an ambulance service?
28 -------------------------------------------------------------
29 (c) If it appears that a majority of all valid votes
30 cast on the proposition are in favor of levying a special tax
31 to pay for an ambulance, the Board of Trustees may levy and
32 collect an annual tax for the purpose of providing ambulance
33 service under this Act to be extended at a rate not to exceed
34 .30% of the full fair cash value of the taxable property
-107- LRB9001778DNmb
1 within the governmental unit as assessed or equalized by the
2 Department of Revenue. Such annual tax shall be in addition
3 to the other taxes a fire protection district may levy for
4 its corporate purposes.
5 (d) Any Board of trustees may:
6 1. Provide or operate an emergency ambulance
7 service;
8 2. Contract with a private person, hospital,
9 corporation or another governmental unit for the
10 provision and operation of emergency ambulance service or
11 subsidize the service thereof;
12 3. Limit the number of ambulance services;
13 4. Within its jurisdiction, fix, charge and collect
14 fees for emergency ambulance service within or outside of
15 the fire protection district not exceeding the reasonable
16 cost of the service;
17 5. Establish necessary regulations not inconsistent
18 with the statutes or regulations of the Department of
19 Public Health relating to ambulance service;
20 6. The trustees shall have the power identified in
21 paragraphs 3 and 5 only if the district shall have passed
22 the referendum provided for herein.
23 (e) When any Board of Trustees is authorized prior to
24 January 1, 1978 to levy and collect an annual tax, for the
25 purpose of providing ambulance service, at any rate not
26 exceeding .25% of the full fair cash value of the taxable
27 property within the governmental unit as equalized or
28 assessed by the Department of Revenue, such Board of Trustees
29 may by resolution increase its authority to tax for ambulance
30 purposes to a rate not to exceed .30%. Such resolution shall
31 be effective 30 days after its adoption. Notice of such
32 resolution shall be published twice in a newspaper having a
33 general circulation within the district at least 20 days and
34 again at least 10 days prior to the effective date of the
-108- LRB9001778DNmb
1 resolution. Such notice shall state that the voters of that
2 fire protection district, which district shall be described
3 in the notice, have until 30 days after the adoption of the
4 resolution to file a petition with the Board of Trustees
5 praying that the question of the adoption of the resolution
6 be submitted to a vote of the electors of such territory, and
7 that, if no such petition is filed, the resolution shall
8 become effective 30 days after its adoption. The notice also
9 shall state the specific number of voters required to sign
10 the petition and the date of the prospective referendum. The
11 district secretary shall provide a petition form to any
12 individual requesting one. If such a petition, signed by the
13 voters of the district equal to 10% or more of the registered
14 voters of the district, is so filed with the Board of
15 Trustees, then the question of the adoption of the resolution
16 shall be certified to the proper election officials, who
17 shall submit the question to a vote of the electors of the
18 district at an election in accordance with the general
19 election law. If such a petition is filed, the resolution
20 does not take effect unless a majority of the votes cast upon
21 the question of the adoption of the resolution is in favor of
22 adoption. However, if such a petition is determined to be
23 invalid, the resolution shall take effect.
24 Notwithstanding any other provision of this Section, on
25 and after the effective date of this amendatory Act of 1997,
26 every publication or posting of a resolution under this
27 Section and every petition filed under this Section must
28 comply with the provisions of this paragraph. The
29 publication or posting shall include a notice of (i) the
30 specific number of voters required to sign a petition
31 requesting the submission of the question to the electors,
32 (ii) the time within which the petition must be filed, and
33 (iii) the date of the prospective referendum. The
34 publication or posting also must include a general
-109- LRB9001778DNmb
1 description of the boundaries of the district, using easily
2 recognized descriptions. The petition must be signed by
3 voters equal in number to 5% of the total number of voters in
4 the district who voted at the last preceding general election
5 at which electors of the President and Vice-President of the
6 United States were elected. The petition must be filed
7 within 30 days after the publication or posting.
8 The result of the election shall be entered upon the
9 records of the district. If a majority of the voters vote in
10 favor of such resolution, the resolution shall be effective
11 immediately. The proposition shall be in substantially the
12 following form:
13 -------------------------------------------------------------
14 Shall the Board of Trustees of
15 the .... Fire Protection District YES
16 be authorized to increase the
17 special tax for ambulance service
18 to a rate not to exceed .30% of ------------------
19 the value of all taxable property
20 within the district as equalized or
21 assessed by the Department of Revenue NO
22 for the purpose of providing such service?
23 -------------------------------------------------------------
24 (Source: P.A. 86-1253; 87-767.)
25 Section 80. The Downstate Forest Preserve District Act
26 is amended by changing Section 13.1 as follows:
27 (70 ILCS 805/13.1) (from Ch. 96 1/2, par. 6324)
28 Sec. 13.1. After the first Monday in October and by the
29 first Monday in December in each year, the board shall levy
30 the general taxes for the district by general categories for
31 the next fiscal year. A certified copy of the levy ordinance
32 shall be filed with the county clerk by the last Tuesday in
-110- LRB9001778DNmb
1 December each year.
2 In forest preserve districts with a population of less
3 than 3,000,000, the amount of taxes levied for general
4 corporate purposes for a fiscal year may not exceed the rate
5 of .06% of the value, as equalized or assessed by the
6 Department of Revenue, of the taxable property therein. In
7 addition, in forest preserve districts having a population of
8 100,000 or more but less than 3,000,000, the board may levy
9 taxes for constructing, restoring reconditioning,
10 reconstructing and acquiring improvements and for the
11 development of the forests and lands of such district, the
12 amount of which tax each fiscal year shall be extended at a
13 rate not to exceed .025% of the assessed value of all taxable
14 property as equalized by the Department of Revenue.
15 All such taxes and rates are exclusive of the taxes
16 required for the payment of the principal of and interest on
17 bonds, and exclusive of taxes levied for employees' annuity
18 and benefit purposes.
19 The rate of tax levied for general corporate purposes in
20 a forest preserve district may not be increased by virtue of
21 this amendatory Act of 1977 unless the board first adopts a
22 resolution authorizing such increase and publishes notice
23 thereof in a newspaper having general circulation in the
24 district at least once not less than 45 days prior to the
25 effective date of the increase. The notice shall include a
26 statement of (1) the specific number of voters required to
27 sign a petition requesting that the question of the adoption
28 of the resolution be submitted to the electors of the
29 district; (2) the time in which the petition must be filed;
30 and (3) the date of the prospective referendum. The
31 Secretary of the district shall provide a petition form to
32 any individual requesting one. If, no later than 30 days
33 after the publication of such notice, petitions signed by
34 voters of the district equal to 10% or more of the registered
-111- LRB9001778DNmb
1 voters of the district, as determined by reference to the
2 number of voters registered at the next preceding general
3 election, and residing in the district are presented to the
4 board expressing opposition to the increase, the proposition
5 must first be certified by the board to the proper election
6 officials, who shall submit the proposition to the legal
7 voters of the district at an election in accordance with the
8 general election law and approved by a majority of those
9 voting on the proposition.
10 Notwithstanding any other provision of this Section, on
11 and after the effective date of this amendatory Act of 1997,
12 every publication of a resolution under this Section and
13 every petition filed under this Section must comply with the
14 provisions of this paragraph. The publication shall include
15 a notice of (i) the specific number of voters required to
16 sign a petition requesting the submission of the question to
17 the electors, (ii) the time within which the petition must be
18 filed, and (iii) the date of the prospective referendum. The
19 publication also must include a general description of the
20 boundaries of the district, using easily recognized
21 descriptions. The petition must be signed by voters equal in
22 number to 5% of the total number of voters in the district
23 who voted at the last preceding general election at which
24 electors of the President and Vice-President of the United
25 States were elected. The petition must be filed within 30
26 days after the publication or posting.
27 (Source: P.A. 87-17; 87-767; 87-895; 88-506.)
28 Section 85. The Public Health District Act is amended by
29 changing Section 21 as follows:
30 (70 ILCS 905/21) (from Ch. 111 1/2, par. 20.1)
31 Sec. 21. Whenever any public health district first
32 levies the tax authorized in Section 15, it shall cause the
-112- LRB9001778DNmb
1 resolution levying the tax to be published in one or more
2 newspapers published in the district within 10 days after the
3 levy is made. If no newspaper is published in the district,
4 the resolution shall be published in a newspaper having
5 general circulation within the district. The publication of
6 the resolution shall include a notice of (1) the specific
7 number of voters required to sign a petition requesting that
8 the question of the adoption of the tax levy be submitted to
9 the voters of the district; (2) the time within which the
10 petition must be filed; and (3) the date of the prospective
11 referendum. The district secretary shall provide a petition
12 form to any individual requesting one.
13 Whenever a petition signed by a number of voters in the
14 district equal to 10% or more of the registered voters in the
15 district is presented to the board of health thereof
16 requesting that the proposition whether the tax provided for
17 in Section 15 of this Act, when this Section 21 is
18 applicable, shall be levied be submitted to the voters of the
19 district, the board of health shall certify the proposition
20 to the proper election officials, who shall submit the
21 proposition at an election in accordance with the general
22 election law.
23 Notwithstanding any other provision of this Section, on
24 and after the effective date of this amendatory Act of 1997,
25 every publication of a resolution under this Section and
26 every petition filed under this Section must comply with the
27 provisions of this paragraph. The publication shall include
28 a notice of (i) the specific number of voters required to
29 sign a petition requesting the submission of the question to
30 the electors, (ii) the time within which the petition must be
31 filed, and (iii) the date of the prospective referendum. The
32 publication also must include a general description of the
33 boundaries of the district, using easily recognized
34 descriptions. The petition must be signed by voters equal in
-113- LRB9001778DNmb
1 number to 5% of the total number of voters in the district
2 who voted at the last preceding general election at which
3 electors of the President and Vice-President of the United
4 States were elected. The petition must be filed within 30
5 days after the publication or posting.
6 The ballot shall be, substantially, in the following
7 form:
8 -------------------------------------------------------------
9 Shall.... public health YES
10 district levy an annual tax of ------------------------
11 not to exceed .1%? NO
12 -------------------------------------------------------------
13 Notice of such election shall be given in accordance with
14 the provisions of the general election laws.
15 If a majority of those voting upon the proposition vote
16 "Yes", the board of health of such district shall annually
17 levy the tax provided for in Section 15 of this Act. If a
18 majority of those voting upon the proposition vote "No", the
19 board of health of such district shall make no annual tax
20 levy thereafter until authorized so to do by the voters of
21 such district in the manner provided therefor in this
22 Section.
23 (Source: P.A. 86-338; 86-1253; 87-767.)
24 Section 90. The Hospital District Law is amended by
25 changing Section 25 as follows:
26 (70 ILCS 910/25) (from Ch. 23, par. 1275)
27 Sec. 25. In case the board of directors of any hospital
28 district organized under this Act finds: (i) that all or any
29 part of the need for hospital services of the inhabitants of
30 the District can be better served on a permanent basis by the
31 ownership and operation of the hospital's facilities by a
32 not-for-profit corporation organized by the District's board
-114- LRB9001778DNmb
1 of directors, or by the facilities of another hospital or
2 hospitals, publicly or privately operated, and located in or
3 not more than 20 miles from the boundaries of the district;
4 (ii) that provision of hospital services by such
5 not-for-profit corporation or other hospital or hospitals
6 will result in a permanent net improvement of quality of
7 overall hospital services for the inhabitants of the
8 District; and (iii) that such not-for-profit corporation or
9 other hospital or hospitals have entered into binding
10 contracts with the District to so provide such hospital
11 services on a permanent basis to the inhabitants of the
12 District and discharge or assume all debts, liabilities, and
13 obligations of the District in return for conveyance and
14 transfer to such not-for-profit corporation or hospital or
15 hospitals all assets of the District, or that the hospital
16 district has entered into a binding contract with a fire
17 protection district, health care foundation, or other entity
18 that provides emergency or medical services to the general
19 public, operating wholly or partially within the boundaries
20 of the hospital district, to convey all of the hospital
21 district's assets to a fire protection district, health care
22 foundation, or other entity, so long as the entity accepting
23 the hospital district's assets assumes all of the hospital
24 district's outstanding indebtedness, and the amount of this
25 indebtedness does not exceed the amount of the hospital
26 district's assets, such contracts subject to completion of
27 dissolution of the District as provided in this Section and
28 to take effect immediately upon completion of dissolution of
29 the District, provided that the Department of Public Health
30 shall be a party to such contracts as a trustee for the
31 inhabitants' interests following dissolution of the District,
32 the District may be dissolved in the following manner:
33 The board of directors of the District shall propose an
34 ordinance finding and determining that the foregoing
-115- LRB9001778DNmb
1 conditions exist and that the best interest of the
2 inhabitants of the District does not require continuation of
3 the District. The board of directors shall officially invite
4 the State Comprehensive Health Planning Agency to review and
5 comment upon the proposed ordinance and shall provide
6 whatever documentation is required by the agency for purposes
7 of review and comment. At any time after receipt of a report
8 from the State Comprehensive Health Planning Agency or 30
9 days after extending an invitation to the agency, if no
10 report has been submitted, the board of directors may proceed
11 to adopt the proposed ordinance. A certified copy of the
12 ordinance and the report of the Comprehensive Health Planning
13 Agency, if submitted previous to adoption of the ordinance,
14 shall be filed with the Circuit Court of the County in which
15 the District is located. The circuit court shall set the
16 ordinance for hearing within not less than 30 nor more than
17 40 days after the filing of the ordinance with the circuit
18 clerk.
19 Notice shall be given by the circuit court of the time
20 and place where the hearing will be held, by publication on 3
21 separate days in one or more newspapers published within the
22 District, the first of these publications shall be not less
23 than 20 days before the date set for the hearing, and if
24 there is no such newspaper, then notice shall be posted in 10
25 of the most public places in the District, not less than 20
26 days before the date set for the hearing. This notice shall
27 include a description of the findings of the board as set out
28 in the ordinance, the names of the municipalities within the
29 District, and the proposed effective date of the dissolution.
30 The court may continue the hearing on the ordinance from
31 time to time. Upon such public hearing the board of directors
32 may also move to otherwise amend the ordinance or to dismiss
33 or to withdraw it, and any such motion shall be allowed by
34 the court. If such ordinance is not dismissed or withdrawn,
-116- LRB9001778DNmb
1 the court by written order shall find and determine whether
2 the facts stated in the ordinance are true and, if so, shall
3 so certify to the board of directors of the District. If the
4 court also determines that the District has entered into a
5 binding contract with a not-for-profit corporation pursuant
6 to which such corporation is to provide hospital services on
7 a permanent basis to the inhabitants of the District, then
8 the court shall so certify and the ordinance shall not be
9 subject to the referendum provisions of this Section and the
10 District shall be dissolved. If the court does not determine
11 that such a contract exists, the ordinance and certificate
12 shall be published once in a daily or weekly newspaper or
13 newspapers of general circulation published within the
14 District or, if there be no such newspaper published in the
15 District, then in a newspaper of general circulation
16 published in a county wherein the District is located. Such
17 publication of the ordinance shall be accompanied by a notice
18 of (1) the specific number of voters required to sign a
19 petition requesting the submission to the electors of the
20 question of the dissolution of the District; (2) the time in
21 which such petition must be filed; and (3) the date of the
22 prospective referendum. The secretary of the Board shall
23 provide a petition form to any individual requesting one.
24 Notwithstanding any other provision of this Section, on
25 and after the effective date of this amendatory Act of 1997,
26 every publication or posting of an ordinance under this
27 Section and every petition filed under this Section must
28 comply with the provisions of this paragraph. The
29 publication or posting shall include a notice of (i) the
30 specific number of voters required to sign a petition
31 requesting the submission of the question to the electors,
32 (ii) the time within which the petition must be filed, and
33 (iii) the date of the prospective referendum. The
34 publication or posting also must include a general
-117- LRB9001778DNmb
1 description of the boundaries of the district, using easily
2 recognized descriptions. The petition must be signed by
3 voters equal in number to 5% of the total number of voters in
4 the district who voted at the last preceding general election
5 at which electors of the President and Vice-President of the
6 United States were elected. The petition must be filed
7 within 30 days after the publication or posting. Unless a
8 petition is filed with the board within 30 days after such
9 publication containing the signatures of 1,000 electors or
10 10% of the registered voters of the District, whichever is
11 lower, requesting that the question of the dissolution of the
12 District be submitted to a referendum, the District shall be
13 deemed to be dissolved at the expiration of that 30 day
14 period. If such a petition is filed then the question of the
15 dissolution of the District shall be submitted to the
16 electors of the District and the board of directors shall
17 certify the question to the proper election officials, who
18 shall submit the question to the voters at an election in
19 accordance with the general election law.
20 The proposition shall read substantially as follows:
21 Shall the (name or describe) Hospital District be
22 dissolved?
23 The board of directors of the District shall cause the
24 result of the referendum to be entered upon the corporate
25 records of the District.
26 If a majority of the ballots cast on the proposition are
27 marked "yes" the District shall be dissolved. But if a
28 majority of the ballots cast on the proposition are marked
29 "no", the corporate authorities shall proceed with the
30 affairs of the District as though the dissolution ordinance
31 had never been adopted, and, in such case, the proposition
32 shall not be again considered for a period of 2 years. When
33 the business and affairs of any such District have been
34 closed up after the dissolution thereof such fact shall be
-118- LRB9001778DNmb
1 certified by the chairman of its board of directors to the
2 county clerk and recorder of the county or counties in which
3 the District was situated and to the Secretary of State.
4 (Source: P.A. 87-1006.)
5 Section 95. The Mosquito Abatement District Act is
6 amended by changing Section 10 as follows:
7 (70 ILCS 1005/10) (from Ch. 111 1/2, par. 83)
8 Sec. 10. Any territory lying adjacent and contiguous to
9 a mosquito abatement district, and not part of another
10 mosquito abatement district, may be annexed to such district
11 in the following manner:
12 Upon petition in writing, describing the territory
13 proposed to be annexed and signed by a majority of the legal
14 voters in such territory and by the owners of more than half
15 of the taxable property in such territory as shown by the
16 last ascertained equalized value of the taxable property in
17 such territory, being filed with the trustees of such
18 mosquito abatement district, such trustees may annex such
19 territory by a resolution which shall be published at least
20 once in a newspaper having a general circulation in the
21 territory and shall include a notice of (1) the specific
22 number of voters required to sign a petition requesting that
23 the question of the adoption of the resolution be submitted
24 to the electors of the territory; (2) the time in which the
25 petition must be filed; and (3) the date of the prospective
26 referendum. The county clerk of the county in which the
27 territory is situated shall provide a petition form to any
28 individual requesting one. The resolution shall be effective
29 30 days from the date of publication and is subject to a
30 referendum, if such referendum is requested, prior to the
31 effective date of the resolution, by the voters in the
32 district equal to 10% or more of the registered voters in the
-119- LRB9001778DNmb
1 district. Such trustees may also order the question of the
2 annexation of such territory to be submitted to the legal
3 voters of such district at a regular election therein by
4 certifying the question to the proper election officials.
5 Notwithstanding any other provision of this Section, on
6 and after the effective date of this amendatory Act of 1997,
7 every publication of a resolution under this Section and
8 every petition filed under this Section must comply with the
9 provisions of this paragraph. The publication shall include
10 a notice of (i) the specific number of voters required to
11 sign a petition requesting the submission of the question to
12 the electors, (ii) the time within which the petition must be
13 filed, and (iii) the date of the prospective referendum. The
14 publication also must include a general description of the
15 boundaries of the district, using easily recognized
16 descriptions. The petition must be signed by voters equal in
17 number to 5% of the total number of voters in the district
18 who voted at the last preceding general election at which
19 electors of the President and Vice-President of the United
20 States were elected. The petition must be filed within 30
21 days after the publication or posting.
22 Notice of such election shall be given and the election
23 conducted in the manner provided by the general election law.
24 The proposition shall be stated, "Shall the territory
25 (describing it) be annexed to The.... Mosquito Abatement
26 District?" If the majority of all the votes cast on the
27 question is in favor of such annexation, the board of
28 trustees shall so certify to the county clerk, and within ten
29 days of such election the trustees by an order duly entered
30 upon their records shall annex such territory to the district
31 and shall file a map of the annexed territory in the office
32 of the county clerk of the county where the annexed territory
33 is situated. Thereupon such territory shall be deemed annexed
34 to and shall be a part of such mosquito abatement district.
-120- LRB9001778DNmb
1 (Source: P.A. 87-767.)
2 Section 100. The Park District Code is amended by
3 changing Sections 5-6, 5-9, 9-1a, 9.1-2, 9.2-2, 9.3-2,
4 11.1-7, and 11.2-2 as follows:
5 (70 ILCS 1205/5-6) (from Ch. 105, par. 5-6)
6 Sec. 5-6. Any park district may levy and collect
7 annually, a tax of not to exceed .005% of the value, as
8 equalized or assessed by the Department of Revenue, of all
9 taxable property in the district for the purpose of
10 constructing, maintaining, and lighting streets and roadways
11 within the parks and playgrounds maintained by the district.
12 The tax shall be levied and collected in the same manner as
13 the general taxes for the district. This tax shall be in
14 addition to all other taxes authorized by law to be levied
15 and collected in the district and shall not be included
16 within any limitation of rate contained in this code or any
17 other law, but shall be excluded therefrom, in addition
18 thereto, and in excess thereof.
19 The proceeds of the tax authorized by this Section shall
20 be paid to the treasurer of the district and kept in a fund
21 to be known as the paving and lighting fund. The fund shall
22 be used for the planning, construction and maintaining of
23 streets, roadways and other paved areas and the lighting
24 thereof within the parks maintained within the district.
25 Prior to levy and collection of such tax, the park
26 districts shall adopt a resolution that it shall levy and
27 collect such tax, and, within 15 days after adopting the
28 resolution, it shall be published once in a newspaper
29 published and having a general circulation in the park
30 district, or, if there is no such newspaper, then in some
31 newspaper having a general circulation in the county wherein
32 such district or the greater or greatest portion in area of
-121- LRB9001778DNmb
1 said district lies, or, if there be no such newspaper, copies
2 of the ordinance shall be posted in at least three public
3 places in the district. The publication or posting of the
4 resolution shall include a notice of (1) the specific number
5 of voters required to sign a petition requesting that the
6 question of the adoption of the resolution be submitted to
7 the electors of the district; (2) the time in which the
8 petition must be filed; and (3) the date of the prospective
9 referendum.
10 The Secretary of the governing board of the park district
11 shall provide a petition form to any individual requesting
12 one.
13 If within this 30 day period a petition is filed, signed
14 by electors of the district numbering 10% or more of the
15 registered voters of the district, asking that the question
16 of levying and collecting such tax be submitted to the
17 electors of the district, the board shall certify the
18 question to the proper election officials, who shall submit
19 that question at an election in which all the electors of the
20 district may vote. If no such valid petition is filed with
21 the secretary of the district within 30 days after the
22 publication or posting of the resolution, then the park
23 district shall be authorized to levy and collect such tax.
24 Notice of such referendum shall be given and such referendum
25 shall be conducted in the manner provided by the general
26 election law.
27 Notwithstanding any other provision of this Section, on
28 and after the effective date of this amendatory Act of 1997,
29 every publication or posting of a resolution under this
30 Section and every petition filed under this Section must
31 comply with the provisions of this paragraph. The
32 publication or posting shall include a notice of (i) the
33 specific number of voters required to sign a petition
34 requesting the submission of the question to the electors,
-122- LRB9001778DNmb
1 (ii) the time within which the petition must be filed, and
2 (iii) the date of the prospective referendum. The
3 publication or posting also must include a general
4 description of the boundaries of the district, using easily
5 recognized descriptions. The petition must be signed by
6 voters equal in number to 5% of the total number of voters in
7 the district who voted at the last preceding general election
8 at which electors of the President and Vice-President of the
9 United States were elected. The petition must be filed
10 within 30 days after the publication or posting.
11 The proposition shall be in substantially the following
12 form:
13 -------------------------------------------------------------
14 Shall the.... Park District be authorized and
15 empowered to levy and collect a tax of.... YES
16 per cent for the purpose of paving and lighting -----------
17 programs as provided in Section 5-6 of "The NO
18 Park District Code"?
19 -------------------------------------------------------------
20 If a majority of the voters of such district voting thereon
21 vote for the levy and collection of the tax provided for,
22 such district shall be authorized and empowered to levy and
23 collect such tax annually thereafter. The foregoing
24 limitations upon tax rates may be increased or decreased
25 according to the referendum provisions of the General Revenue
26 Law of the State of Illinois.
27 (Source: P.A. 87-767.)
28 (70 ILCS 1205/5-9) (from Ch. 105, par. 5-9)
29 Sec. 5-9. Any park district may levy and collect
30 annually, a tax of not to exceed .025 per cent of the value,
31 as equalized or assessed by the Department of Revenue of all
32 taxable property in the district for the purpose of
33 organizing and maintaining a police system within the parks
-123- LRB9001778DNmb
1 and playgrounds maintained by the district. The tax shall be
2 levied and collected in the same manner as the general taxes
3 for the district. This tax shall be in addition to all other
4 taxes authorized by law to be levied and collected in the
5 district and shall not be included within any limitation of
6 rate contained in this Code or any other law, but shall be
7 excluded therefrom and be in addition thereto and in excess
8 thereof.
9 The proceeds of the tax authorized by this Section shall
10 be paid to the treasurer of the district and kept in a fund
11 to be known as the police fund. This fund shall be used for
12 the organization and maintaining of a police system including
13 the hiring of a regular policeman or police force for the
14 purpose of policing the parks and playgrounds maintained
15 within the district.
16 Prior to levy and collection of such tax, the park
17 districts shall adopt a resolution that it shall levy and
18 collect such tax, and, within 15 days after adopting the
19 resolution, it shall be published once in a newspaper
20 published and having a general circulation in the park
21 district, or, if there is no such newspaper, then in some
22 newspaper having a general circulation in the county wherein
23 such district or the greater or greatest portion in area of
24 said district lies, or, if there be no such newspaper, copies
25 of the ordinance shall be posted in at least three public
26 places in the district. The publication or posting of the
27 resolution shall include a notice of (1) the specific number
28 of voters required to sign a petition requesting that the
29 question of the adoption of the resolution be submitted to
30 the electors of the district; (2) the time in which the
31 petition must be filed; and (3) the date of the prospective
32 referendum.
33 The Secretary of the governing board of the park district
34 shall provide a petition form to any individual requesting
-124- LRB9001778DNmb
1 one.
2 If within this 30 day period a petition is filed, signed
3 by electors of the district numbering 10% or more of the
4 registered voters of the district, asking that the question
5 of levying and collecting such tax be submitted to the
6 electors of the district, the board shall certify the
7 question to the proper election officials, who shall submit
8 that question at an election in which all the electors of the
9 district may vote. If no such valid petition is filed with
10 the secretary of the district within 30 days after the
11 publication or posting of the resolution, then the park
12 district shall be authorized to levy and collect such tax.
13 Notice of such referendum shall be given and such referendum
14 shall be conducted in the manner provided by the general
15 election law.
16 Notwithstanding any other provision of this Section, on
17 and after the effective date of this amendatory Act of 1997,
18 every publication or posting of a resolution under this
19 Section and every petition filed under this Section must
20 comply with the provisions of this paragraph. The
21 publication or posting shall include a notice of (i) the
22 specific number of voters required to sign a petition
23 requesting the submission of the question to the electors,
24 (ii) the time within which the petition must be filed, and
25 (iii) the date of the prospective referendum. The
26 publication or posting also must include a general
27 description of the boundaries of the district, using easily
28 recognized descriptions. The petition must be signed by
29 voters equal in number to 5% of the total number of voters in
30 the district who voted at the last preceding general election
31 at which electors of the President and Vice-President of the
32 United States were elected. The petition must be filed
33 within 30 days after the publication or posting.
34 The proposition shall be in substantially the following
-125- LRB9001778DNmb
1 form:
2 -------------------------------------------------------------
3 Shall the.... Park District be authorized
4 and empowered to levy and collect a tax of YES
5 .... per cent for the purpose of police ---------------
6 programs as provided in Section 5-9 NO
7 of the Park District Code?
8 -------------------------------------------------------------
9 If a majority of the voters of such district voting
10 thereon vote for the levy and collection of the tax provided
11 for, such district shall be authorized and empowered to levy
12 and collect such tax annually thereafter if the district
13 participates in the program established under the Illinois
14 Police Training Act. The foregoing limitations upon tax rates
15 may be increased or decreased according to the referendum
16 provisions of the General Revenue Law of the State of
17 Illinois.
18 (Source: P.A. 87-767.)
19 (70 ILCS 1205/9-1a) (from Ch. 105, par. 9-1a)
20 Sec. 9-1a. Whenever any park district determines to
21 acquire or construct a swimming pool, or an artificial ice
22 skating rink, or extend or improve a swimming pool or ice
23 skating rink and facilities, and to issue bonds under Section
24 9-1 hereof to pay the cost thereof, its board shall adopt an
25 ordinance describing in a general way the contemplated
26 project and refer to plans and specifications therefor.
27 These plans and specifications shall be filed in the office
28 of the secretary of the district and shall be open for
29 inspection by the public.
30 This ordinance shall set out the estimated cost of the
31 project, determine the period of usefulness thereof, fix the
32 amount of revenue bonds to be issued, the maturities thereof,
33 the interest rate, which shall not exceed the maximum rate
-126- LRB9001778DNmb
1 authorized by the Bond Authorization Act, as amended at the
2 time of the making of the contract, payable annually or
3 semi-annually, and all the details in connection with the
4 bonds. The bonds shall mature within the period of
5 usefulness of the project as determined by the board. The
6 ordinance may also contain such covenants and restrictions
7 upon the issuance of additional revenue bonds thereafter as
8 may be deemed necessary or advisable for the assurance of the
9 payment of the bonds thereby authorized. The ordinance shall
10 also pledge the revenue derived from the operation of the
11 swimming pool, or the artificial ice skating rink, for the
12 purpose of paying maintenance and operation costs, providing
13 an adequate depreciation fund, and paying the principal and
14 interest of the bonds issued hereunder.
15 After this ordinance has been adopted it shall within 10
16 days after its passage be published once in a newspaper
17 published and having a general circulation in the park
18 district, or, if there is no such newspaper, then in some
19 newspaper having a general circulation in the county wherein
20 such district or the greater or greatest portion in area of
21 said district lies, or, if there be no such newspaper, copies
22 of the ordinance shall be posted in at least 3 public places
23 in the district. The publication or posting of the ordinance
24 shall include a notice of (1) the specific number of voters
25 required to sign a petition requesting that the question of
26 the adoption of the ordinance resolution be submitted to the
27 electors of the district; (2) the time in which the petition
28 must be filed; and (3) the date of the prospective
29 referendum.
30 The Secretary of the governing board of the park district
31 shall provide a petition form to any individual requesting
32 one.
33 If no valid petition for a referendum is filed with the
34 secretary of the district within 30 days after the
-127- LRB9001778DNmb
1 publication or posting of the ordinance, the ordinance shall
2 be in effect. But if within this 30 day period a petition is
3 so filed, signed by a number of electors of the district
4 equal to 10% or more of the registered voters of the
5 district, asking that the question of constructing and
6 operating such a swimming pool, or an artificial ice skating
7 rink, and the issuance of such bonds be submitted to the
8 electors of the district, the board shall certify such
9 question to the proper election officials, who shall submit
10 that question at an election in which all of the electors of
11 the district may vote.
12 Notwithstanding any other provision of this Section, on
13 and after the effective date of this amendatory Act of 1997,
14 every publication or posting of an ordinance under this
15 Section and every petition filed under this Section must
16 comply with the provisions of this paragraph. The
17 publication or posting shall include a notice of (i) the
18 specific number of voters required to sign a petition
19 requesting the submission of the question to the electors,
20 (ii) the time within which the petition must be filed, and
21 (iii) the date of the prospective referendum. The
22 publication or posting also must include a general
23 description of the boundaries of the district, using easily
24 recognized descriptions. The petition must be signed by
25 voters equal in number to 5% of the total number of voters in
26 the district who voted at the last preceding general election
27 at which electors of the President and Vice-President of the
28 United States were elected. The petition must be filed
29 within 30 days after the publication or posting.
30 The proposition shall be in the following form, or either
31 of them:
32 -------------------------------------------------------------
33 Shall the..... Park District issue YES
34 Revenue Bonds for constructing a -----------------------
-128- LRB9001778DNmb
1 swimming pool? NO
2 -------------------------------------------------------------
3 Shall the..... Park District issue YES
4 Revenue Bonds for constructing an -----------------------
5 artificial ice skating rink? NO
6 -------------------------------------------------------------
7 Notice of the referendum shall be given and the
8 referendum conducted in the manner provided by the general
9 election law.
10 If a majority of the electors voting upon that question
11 voted in favor of constructing and operating the swimming
12 pool, or the artificial ice skating rink, and the issuance of
13 the bonds, the ordinance shall be in effect, otherwise, the
14 ordinance shall not go into effect.
15 With respect to instruments for the payment of money
16 issued under this Section either before, on, or after the
17 effective date of this amendatory Act of 1989, it is and
18 always has been the intention of the General Assembly (i)
19 that the Omnibus Bond Acts are and always have been
20 supplementary grants of power to issue instruments in
21 accordance with the Omnibus Bond Acts, regardless of any
22 provision of this Act that may appear to be or to have been
23 more restrictive than those Acts, (ii) that the provisions of
24 this Section are not a limitation on the supplementary
25 authority granted by the Omnibus Bond Acts, and (iii) that
26 instruments issued under this Section within the
27 supplementary authority granted by the Omnibus Bond Acts are
28 not invalid because of any provision of this Act that may
29 appear to be or to have been more restrictive than those
30 Acts.
31 (Source: P.A. 86-4; 87-767.)
32 (70 ILCS 1205/9.1-2) (from Ch. 105, par. 9.1-2)
33 Sec. 9.1-2. Whenever any park district determines to
-129- LRB9001778DNmb
1 acquire or construct, or extend or improve a golf course and
2 facilities and to issue bonds under Section 9.1-1 of this
3 Article to pay the cost thereof, its board shall adopt an
4 ordinance describing in a general way the contemplated
5 project and refer to plans and specifications therefor. These
6 plans and specifications shall be filed in the office of the
7 secretary of the district and shall be open for inspection by
8 the public.
9 This ordinance shall set out the estimated cost of the
10 project, determine the period of usefulness thereof, fix the
11 amount of revenue bonds to be issued, the maturities thereof,
12 the interest rate, which shall not exceed the maximum rate
13 authorized by the Bond Authorization Act, as amended at time
14 of the making of the contract, payable annually or
15 semi-annually, and all the details in connection with the
16 bonds. The bonds shall mature within the period of
17 usefulness of the project as determined by the board. The
18 ordinance may also contain such covenants and restrictions
19 upon the issuance of additional revenue bonds thereafter as
20 may be deemed necessary or advisable for the assurance of the
21 payment of the bonds thereby authorized. The ordinance shall
22 also pledge the revenue derived from the operation of the
23 golf course for the purpose of paying maintenance and
24 operation costs, providing an adequate depreciation fund, and
25 paying the principal and interest of the bonds issued
26 hereunder. The ordinance may also pledge the revenue derived
27 from the operation of an existing golf course, or courses,
28 and appurtenant facilities, for such purpose.
29 After this ordinance has been adopted it shall within 10
30 days after its passage be published once in a newspaper
31 published and having a general circulation in the park
32 district, or, if there is no such newspaper, then in some
33 newspaper having a general circulation in the county wherein
34 such district or the greater or greatest portion in area of
-130- LRB9001778DNmb
1 such district lies. The publication or posting of the
2 ordinance shall include a notice of (1) the specific number
3 of voters required to sign a petition requesting that the
4 question of the adoption of the ordinance be submitted to the
5 electors of the district; (2) the time in which the petition
6 must be filed; and (3) the date of the prospective
7 referendum. The Secretary of the governing board of the park
8 district shall provide a petition form to any individual
9 requesting one.
10 If no valid petition requesting a referendum is filed
11 with the secretary of the district within 30 days after the
12 publication or posting of the ordinance, the ordinance shall
13 be in effect. But if within this 30 day period a petition is
14 so filed, signed by electors of the district equal to 10% or
15 more of the registered voters in the district, asking that
16 the question of acquiring and operating or constructing and
17 operating such a golf course, or extending or improving such
18 a golf course, and the issuance of such bonds be submitted to
19 the electors of the district, the board shall certify such
20 question to the proper election officials, who shall submit
21 that question at an election held in the district.
22 Notwithstanding any other provision of this Section, on
23 and after the effective date of this amendatory Act of 1997,
24 every publication or posting of an ordinance under this
25 Section and every petition filed under this Section must
26 comply with the provisions of this paragraph. The
27 publication or posting shall include a notice of (i) the
28 specific number of voters required to sign a petition
29 requesting the submission of the question to the electors,
30 (ii) the time within which the petition must be filed, and
31 (iii) the date of the prospective referendum. The
32 publication or posting also must include a general
33 description of the boundaries of the district, using easily
34 recognized descriptions. The petition must be signed by
-131- LRB9001778DNmb
1 voters equal in number to 5% of the total number of voters in
2 the district who voted at the last preceding general election
3 at which electors of the President and Vice-President of the
4 United States were elected. The petition must be filed
5 within 30 days after the publication or posting.
6 The proposition shall be in the following form:
7 -------------------------------------------------------------
8 Shall the..... Park
9 District issue Revenue Bonds YES
10 for acquiring (or constructing, or -------------------------
11 extending, or improving) NO
12 a golf course?
13 -------------------------------------------------------------
14 Notice of such referendum shall be given and such referendum
15 conducted in the manner provided by the general election law.
16 If a majority of the electors voting upon that question
17 voted in favor of acquiring and operating, or constructing
18 and operating the golf course, or extending or improving such
19 golf course, and the issuance of the bonds, the ordinance
20 shall be in effect, otherwise the ordinance shall not go into
21 effect.
22 With respect to instruments for the payment of money
23 issued under this Section either before, on, or after the
24 effective date of this amendatory Act of 1989, it is and
25 always has been the intention of the General Assembly (i)
26 that the Omnibus Bond Acts are and always have been
27 supplementary grants of power to issue instruments in
28 accordance with the Omnibus Bond Acts, regardless of any
29 provision of this Act that may appear to be or to have been
30 more restrictive than those Acts, (ii) that the provisions of
31 this Section are not a limitation on the supplementary
32 authority granted by the Omnibus Bond Acts, and (iii) that
33 instruments issued under this Section within the
34 supplementary authority granted by the Omnibus Bond Acts are
-132- LRB9001778DNmb
1 not invalid because of any provision of this Act that may
2 appear to be or to have been more restrictive than those
3 Acts.
4 (Source: P.A. 86-4; 87-767.)
5 (70 ILCS 1205/9.2-2) (from Ch. 105, par. 9.2-2)
6 Sec. 9.2-2. Whenever any park district determines to
7 acquire or construct or extend or improve indoor or outdoor
8 tennis courts, handball, racquetball, or squash courts, or
9 zoos and facilities and to issue bonds under Section 9.2-1 of
10 this Article to pay the cost thereof, its board shall adopt
11 an ordinance describing in a general way the contemplated
12 project and refer to plans and specifications therefor. These
13 plans and specifications shall be filed in the office of the
14 secretary of the district and shall be open for inspection by
15 the public.
16 This ordinance shall set out the estimated cost of the
17 project, determine the period of usefulness thereof, fix the
18 amount of revenue bonds to be issued, the maturities thereof,
19 the interest rate, which shall not exceed the maximum rate
20 authorized by the Bond Authorization Act, as amended at the
21 time of the making of the contract, payable annually or
22 semi-annually, and all the details in connection with the
23 bonds. The bonds shall mature within the period of usefulness
24 of the project as determined by the board. The ordinance may
25 also contain such covenants and restrictions upon the
26 issuance of additional revenue bonds thereafter as may be
27 deemed necessary or advisable for the assurance of the
28 payment of the bonds thereby authorized. The ordinance shall
29 also pledge the revenue derived from the operation of the
30 indoor or outdoor tennis courts, handball, racquetball, or
31 squash courts, or zoos and facilities for the purpose of
32 paying maintenance and operation costs, providing an adequate
33 depreciation fund, and paying the principal and interest of
-133- LRB9001778DNmb
1 the bonds issued hereunder. The ordinance may also pledge the
2 revenue derived from the operation of existing indoor or
3 outdoor tennis courts, handball, racquetball, or squash
4 courts, or zoo and appurtenant facilities, for such purpose.
5 After this ordinance has been adopted it shall within 10
6 days after its passage be published once in a newspaper
7 published and having a general circulation in the park
8 district, or if there is no such newspaper then in some
9 newspaper having a general circulation in the county wherein
10 such district or the greater or greatest portion in area of
11 such district lies. The publication or posting of the
12 ordinance shall include a notice of (1) the specific number
13 of voters required to sign a petition requesting that the
14 question of the adoption of the ordinance be submitted to the
15 electors of the district; (2) the time in which the petition
16 must be filed; and (3) the date of the prospective
17 referendum. The Secretary of the governing board of the park
18 district shall provide a petition form to any individual
19 requesting one.
20 If no valid petition is filed with the secretary of the
21 district within 30 days after the publication or posting of
22 the ordinance, the ordinance shall be in effect. But if
23 within this 30 day period a petition is so filed, signed by
24 electors of the district equal to 10% or more of the
25 registered voters of the district, asking that the question
26 of acquiring and operating or constructing and operating such
27 indoor or outdoor tennis courts, handball, racquetball, or
28 squash courts, or zoo facilities, or extending or improving
29 such indoor or outdoor tennis courts, handball, racquetball,
30 or squash courts, or zoo facilities, and the issuance of such
31 bonds be submitted to the electors of the district, the board
32 shall certify such question to the proper election officials,
33 who shall submit that question at a regular election held in
34 the district.
-134- LRB9001778DNmb
1 Notwithstanding any other provision of this Section, on
2 and after the effective date of this amendatory Act of 1997,
3 every publication or posting of an ordinance under this
4 Section and every petition filed under this Section must
5 comply with the provisions of this paragraph. The
6 publication or posting shall include a notice of (i) the
7 specific number of voters required to sign a petition
8 requesting the submission of the question to the electors,
9 (ii) the time within which the petition must be filed, and
10 (iii) the date of the prospective referendum. The
11 publication or posting also must include a general
12 description of the boundaries of the district, using easily
13 recognized descriptions. The petition must be signed by
14 voters equal in number to 5% of the total number of voters in
15 the district who voted at the last preceding general election
16 at which electors of the President and Vice-President of the
17 United States were elected. The petition must be filed
18 within 30 days after the publication or posting.
19 The proposition shall be in the following form:
20 -------------------------------------------------------------
21 Shall the.... Park District issue
22 Revenue Bonds for acquiring (or constructing, YES
23 or extending or improving) indoor or outdoor ---------------
24 tennis courts (handball, racquetball, or NO
25 squash courts, or zoo) and facilities.
26 -------------------------------------------------------------
27 Notice of such referendum shall be given and such referendum
28 conducted in the manner provided by the general election law.
29 If a majority of the electors voting upon that question
30 voted in favor of acquiring and operating, or constructing
31 and operating the indoor or outdoor tennis courts, handball,
32 racquetball, or squash courts, or zoo facilities or extending
33 or improving such indoor or outdoor tennis courts, handball,
34 racquetball, or squash courts, or zoo facilities, and the
-135- LRB9001778DNmb
1 issuance of the bonds, the ordinance shall be in effect,
2 otherwise the ordinance shall not go into effect.
3 With respect to instruments for the payment of money
4 issued under this Section either before, on, or after the
5 effective date of this amendatory Act of 1989, it is and
6 always has been the intention of the General Assembly (i)
7 that the Omnibus Bond Acts are and always have been
8 supplementary grants of power to issue instruments in
9 accordance with the Omnibus Bond Acts, regardless of any
10 provision of this Act that may appear to be or to have been
11 more restrictive than those Acts, (ii) that the provisions of
12 this Section are not a limitation on the supplementary
13 authority granted by the Omnibus Bond Acts, and (iii) that
14 instruments issued under this Section within the
15 supplementary authority granted by the Omnibus Bond Acts are
16 not invalid because of any provision of this Act that may
17 appear to be or to have been more restrictive than those
18 Acts.
19 (Source: P.A. 86-4; 87-767.)
20 (70 ILCS 1205/9.3-2) (from Ch. 105, par. 9.3-2)
21 Sec. 9.3-2. Whenever any park district determines to
22 acquire, construct, extend or improve indoor or outdoor
23 recreation facilities and to issue bonds under Section 9.3-1
24 of this Article to pay the costs thereof, its board shall
25 adopt an ordinance describing in a general way the
26 contemplated project and refer to plans and specifications
27 therefor. These plans and specifications shall be filed in
28 the office of the secretary of the district and shall be
29 opened for inspection by the public.
30 This ordinance shall set out the estimated cost of the
31 project, determine the period of usefulness thereof, the
32 interest rate, which shall not exceed the maximum rate
33 authorized by the Bond Authorization Act, as amended at the
-136- LRB9001778DNmb
1 time of the making of the contract, payable annually or
2 semi-annually, and all details in connection with the bonds.
3 The bonds shall mature within the period of usefulness of the
4 project as determined by the board. The ordinance may also
5 contain such covenants and restrictions upon the issuance of
6 additional revenue bonds thereafter as may be deemed
7 necessary or advisable for the assurance of the payment of
8 the bonds thereby authorized. The ordinance shall also pledge
9 the revenue derived from the operation of the indoor or
10 outdoor recreational facility for the purpose of paying
11 maintenance and operation costs, providing an adequate
12 depreciation fund, and paying the principal and interest on
13 the bonds issued hereunder. The ordinance may also pledge the
14 revenue derived from the operation of an existing indoor or
15 outdoor facility of the same character, for such purpose.
16 After this ordinance has been adopted it shall, within 10
17 days after its passage, be published once in a newspaper
18 published and having a general circulation in the park
19 district, or if there is no such newspaper then in some
20 newspaper having a general circulation in the county wherein
21 such district, or the greater or greatest portion in area, of
22 such district lies. The publication or posting of the
23 ordinance shall include a notice of (1) the specific number
24 of voters required to sign a petition requesting that the
25 question of the adoption of the ordinance be submitted to the
26 electors of the district; (2) the time in which the petition
27 must be filed; and (3) the date of the prospective
28 referendum.
29 The Secretary of the governing board of the park district
30 shall provide a petition form to any individual requesting
31 one.
32 If no valid petition is filed with the secretary of the
33 district within 30 days after the publication or posting of
34 the ordinance, the ordinance shall be in effect. But if
-137- LRB9001778DNmb
1 within this 30day period a petition is so filed, signed by
2 electors of the district equal to 10% or more of the
3 registered voters of the district asking that the question of
4 acquiring and operating or constructing and operating such an
5 indoor and outdoor recreational facility and the issuance of
6 such bonds be submitted to the electors of the district, the
7 board shall certify such question to the proper election
8 officials, who shall submit the question at an election held
9 in the district. The board shall furnish copies of such a
10 petition form to all persons making a request therefor.
11 Notwithstanding any other provision of this Section, on
12 and after the effective date of this amendatory Act of 1997,
13 every publication or posting of an ordinance under this
14 Section and every petition filed under this Section must
15 comply with the provisions of this paragraph. The
16 publication or posting shall include a notice of (i) the
17 specific number of voters required to sign a petition
18 requesting the submission of the question to the electors,
19 (ii) the time within which the petition must be filed, and
20 (iii) the date of the prospective referendum. The
21 publication or posting also must include a general
22 description of the boundaries of the district, using easily
23 recognized descriptions. The petition must be signed by
24 voters equal in number to 5% of the total number of voters in
25 the district who voted at the last preceding general election
26 at which electors of the President and Vice-President of the
27 United States were elected. The petition must be filed
28 within 30 days after the publication or posting.
29 The proposition shall be in substantially the following
30 form:
31 -------------------------------------------------------------
32 Shall the.... Park District issue
33 revenue bonds for acquiring (or constructing, YES
34 extending or improving) an indoor or outdoor ---------------
-138- LRB9001778DNmb
1 recreational facility to include.... (specify NO
2 specific facility or facilities)
3 -------------------------------------------------------------
4 Notice of such referendum shall be given and such referendum
5 conducted in the manner provided by the general election law.
6 If a majority of the electors voting upon that question
7 voted in favor of acquiring and operating, or constructing
8 and operating the indoor or outdoor recreational facility or
9 facilities or extending or improving such indoor or outdoor
10 recreational facility or facilities and the issuance of the
11 bonds, the ordinance shall be in effect, otherwise the
12 ordinance shall not go into effect.
13 With respect to instruments for the payment of money
14 issued under this Section either before, on, or after the
15 effective date of this amendatory Act of 1989, it is and
16 always has been the intention of the General Assembly (i)
17 that the Omnibus Bond Acts are and always have been
18 supplementary grants of power to issue instruments in
19 accordance with the Omnibus Bond Acts, regardless of any
20 provision of this Act that may appear to be or to have been
21 more restrictive than those Acts, (ii) that the provisions of
22 this Section are not a limitation on the supplementary
23 authority granted by the Omnibus Bond Acts, and (iii) that
24 instruments issued under this Section within the
25 supplementary authority granted by the Omnibus Bond Acts are
26 not invalid because of any provision of this Act that may
27 appear to be or to have been more restrictive than those
28 Acts.
29 (Source: P.A. 86-4; 87-767.)
30 (70 ILCS 1205/11.1-7) (from Ch. 105, par. 11.1-7)
31 Sec. 11.1-7. The Park Commissioners of any park district
32 availing under this Article shall adopt an ordinance
-139- LRB9001778DNmb
1 describing in a general way the harbor and facilities
2 thereof, or relating thereto, to be acquired, constructed,
3 enlarged, improved, operated and maintained as a harbor for
4 the use and benefit of the public, and refer to the general
5 plans and specifications therefor prepared for that purpose.
6 These plans and specifications shall be open to the
7 inspection of the public. Any such ordinance shall set out
8 the estimated cost of the harbor or facilities thereof, or
9 relating thereto, and shall fix the maximum amount of revenue
10 bonds proposed to be issued therefor. This amount shall not
11 exceed the estimated cost of the harbor and facilities,
12 including engineering, legal and other expenses, together
13 with interest cost to a date 12 months subsequent to the
14 estimated date of completion. Such ordinance may contain such
15 covenants which shall be part of the contract between the
16 park district and the holders of such bonds and the Trustee,
17 if any, for the bondholders having such rights and duties as
18 may be provided therein for the enforcement and protection of
19 such covenants as may be deemed necessary and advisable as
20 to:
21 (a) The issuance of additional bonds that may
22 thereafter be issued payable from the revenues derived
23 from the operation of such harbor or buildings,
24 structures and facilities, and for the payment of the
25 principal and interest on such bonds;
26 (b) The regulations as to the use of any such
27 harbor and facilities to assure the efficient use and
28 occupancy thereof;
29 (c) Kind and amount of insurance to be carried,
30 including use and occupancy insurance, cost of which
31 shall be payable only from the revenues derived from the
32 harbor and facilities;
33 (d) Operation, maintenance, management, accounting
34 and auditing, employment of harbor engineers and
-140- LRB9001778DNmb
1 consultants, and keeping of records, reports and audits
2 of any such harbor and facilities;
3 (e) The obligation of the park district to maintain
4 the harbor and facilities in good condition and to
5 operate same in an economical and efficient manner;
6 (f) Providing for setting aside any sinking funds,
7 reserve funds, depreciation funds and such other special
8 funds as may be found needful and the regulation and
9 disposition thereof;
10 (g) Providing for the setting aside of a sinking
11 fund into which shall be payable from the revenues of
12 such harbor and facilities from month to month as such
13 revenues are collected such sums as will be sufficient to
14 pay the accruing interest and retire the bonds at
15 maturity;
16 (h) Agreeing to fix and collect fees and rents and
17 other charges for the use of such harbor or facilities,
18 sufficient together with other available money to produce
19 revenue adequate to pay the bonds at maturity and
20 accruing interest and reserves therefor, and sufficient
21 to pay cost of maintenance, operation and depreciation
22 thereof in such order of priority as shall be provided by
23 the ordinance authorizing the bonds;
24 (i) Fixing procedure by which the terms of any
25 contract with the holders of the bonds may be amended,
26 the amount of bonds the holders of which must consent
27 thereto, and the manner in which consent may be given;
28 (j) Providing the procedure for refunding such
29 bonds;
30 (k) Providing whether and to what extent and upon
31 what terms and conditions, if any, the holder of bonds or
32 coupons issued under such ordinance, or the Trustee, if
33 any, may by action, mandamus, injunction or other
34 proceeding, enforce or compel the performance of all
-141- LRB9001778DNmb
1 duties required by this Act, including the fixing,
2 maintaining and collecting of fees, rates or other
3 charges for the use of the harbor or other facilities, or
4 for any service rendered by the park district in the
5 operation thereof as will be sufficient, together with
6 other available money, to pay the principal of and
7 interest upon these revenue bonds as they become due and
8 reserves therefor and sufficient to pay the cost of
9 maintenance and operation and depreciation of the harbor
10 and facilities in the order of priority as provided in
11 the ordinance authorizing the bonds and application of
12 the income and revenue thereof;
13 (l) Such other covenants as may be deemed necessary
14 or desirable to assure a successful and profitable
15 operation of the harbor and facilities, and prompt
16 payment of the principal of and interest upon the bonds
17 so authorized.
18 The Park Commissioners may enter into a trust agreement
19 to secure payment of the bonds issued hereunder.
20 After the ordinance has been adopted, it shall within 10
21 days after its passage be published once in a newspaper
22 published and having a general circulation in the park
23 district, or, if there is no such newspaper, then in a
24 newspaper having a general circulation in the county wherein
25 such district, or the greater or greatest portion in area of
26 the district, lies. The publication or posting of the
27 ordinance shall include a notice of (1) the specific number
28 of voters required to sign a petition requesting that the
29 question of the adoption of the ordinance be submitted to the
30 electors of the district; (2) the time in which the petition
31 must be filed; and (3) the date of the prospective
32 referendum. The Secretary of the governing board of the park
33 district shall provide a petition form to any individual
34 requesting one.
-142- LRB9001778DNmb
1 If no valid petition requesting a referendum is filed
2 with the secretary of the district within 30 days after the
3 publication of the ordinance, the ordinance shall be in
4 effect.
5 However, if within 30 days after the publication of the
6 ordinance a petition is filed with the secretary of the
7 district signed by electors of the district equal to 10% or
8 more of the number of registered voters in the district,
9 asking that the question of acquiring and operating or
10 constructing and operating such harbor project and the
11 issuance of the bonds for the harbor project be submitted to
12 the electors of the district, the board shall certify such
13 question to the proper election officials, who shall submit
14 that question at an election held in the district.
15 Notwithstanding any other provision of this Section, on
16 and after the effective date of this amendatory Act of 1997,
17 every publication or posting of an ordinance under this
18 Section and every petition filed under this Section must
19 comply with the provisions of this paragraph. The
20 publication or posting shall include a notice of (i) the
21 specific number of voters required to sign a petition
22 requesting the submission of the question to the electors,
23 (ii) the time within which the petition must be filed, and
24 (iii) the date of the prospective referendum. The
25 publication or posting also must include a general
26 description of the boundaries of the district, using easily
27 recognized descriptions. The petition must be signed by
28 voters equal in number to 5% of the total number of voters in
29 the district who voted at the last preceding general election
30 at which electors of the President and Vice-President of the
31 United States were elected. The petition must be filed
32 within 30 days after the publication or posting.
33 The proposition shall be in the following form:
34 -------------------------------------------------------------
-143- LRB9001778DNmb
1 Shall the.... Park District YES
2 issue Revenue Bonds for acquiring ---------------------------
3 (or constructing) a harbor? NO
4 -------------------------------------------------------------
5 Notice of such referendum shall be given and such referendum
6 conducted in the manner as provided by the general election
7 law.
8 If a majority of the electors voting upon that question
9 voted in favor of acquiring and operating or constructing and
10 operating the harbor and the issuance of the bonds, the
11 ordinance shall be in effect, otherwise the ordinance shall
12 not go into effect.
13 (Source: P.A. 87-767.)
14 (70 ILCS 1205/11.2-2) (from Ch. 105, par. 11.2-2)
15 Sec. 11.2-2. For the purpose of providing monies for a
16 working cash fund, the governing board of any park district
17 may levy an annual tax, known as the "working cash fund tax",
18 for any 4 years only on all the taxable property of their
19 district at a rate not to exceed .025% of the value, as
20 equalized or assessed by the Department of Revenue, to
21 provide monies for the working cash fund. Prior to the levy
22 and collection of such a tax, a park district shall adopt a
23 resolution authorizing the levy and collection of the tax,
24 and, within ten days after the adoption of such a resolution,
25 it shall be published once in a newspaper published and
26 having a general circulation in the park district, or, if
27 there is no such newspaper, then in some newspaper having a
28 general circulation in the county wherein such district or
29 the greater or greatest portion in area of said district
30 lies. The publication or posting of the resolution shall
31 include a notice of (1) the specific number of voters
32 required to sign a petition requesting that the question of
33 the adoption of the resolution be submitted to the electors
-144- LRB9001778DNmb
1 of the district; (2) the time in which the petition must be
2 filed; and (3) the date of the prospective referendum. The
3 Secretary of the governing board of the park district shall
4 provide a petition form to any individual requesting one.
5 If no valid petition is filed with the Secretary of the
6 Board, as hereinafter provided in this Section, within 30
7 days after the publication of the resolution, the resolution
8 shall be in effect. But, if within that 30 day period a
9 petition is filed with the Secretary of the Board, signed by
10 electors in the district numbering 10% or more of the number
11 of registered voters in the district, asking that the
12 question of levying and collecting such tax be submitted to
13 the electors of the district, the board shall certify the
14 proposition to the proper election officials for submission
15 at the next election in accordance with the general election
16 law.
17 Notwithstanding any other provision of this Section, on
18 and after the effective date of this amendatory Act of 1997,
19 every publication or posting of a resolution under this
20 Section and every petition filed under this Section must
21 comply with the provisions of this paragraph. The
22 publication or posting shall include a notice of (i) the
23 specific number of voters required to sign a petition
24 requesting the submission of the question to the electors,
25 (ii) the time within which the petition must be filed, and
26 (iii) the date of the prospective referendum. The
27 publication or posting also must include a general
28 description of the boundaries of the district, using easily
29 recognized descriptions. The petition must be signed by
30 voters equal in number to 5% of the total number of voters in
31 the district who voted at the last preceding general election
32 at which electors of the President and Vice-President of the
33 United States were elected. The petition must be filed
34 within 30 days after the publication or posting.
-145- LRB9001778DNmb
1 If a majority of electors voting upon the question voted
2 in favor of the levy and collection of the tax provided for,
3 such district shall be authorized and empowered to levy and
4 collect such tax annually for any 4 years only, but if a
5 majority of the electors voting upon the question are not in
6 favor thereof, the resolution shall not take effect.
7 The collection of a tax levied under this Section shall
8 not be anticipated by the issuance of any warrants drawn
9 against the tax. The tax shall be levied and collected,
10 except as otherwise provided in this Section, in like manner
11 as the general taxes of the district, shall be in addition to
12 the maximum of all other taxes now or hereafter to be levied
13 for park purposes, and may be levied by separate resolution
14 by the last Tuesday in September in each year.
15 No tax levied as provided under this Section shall be
16 invalid by reason of the fact that any step required for such
17 a levy under this Section was taken before October 1, 1976 if
18 such required step was taken on or after August 12, 1976.
19 (Source: P.A. 87-767.)
20 Section 105. The Park District Aquarium and Museum Act
21 is amended by changing Section 2 as follows:
22 (70 ILCS 1290/2) (from Ch. 105, par. 327)
23 Sec. 2. Maintenance tax - Limitations - Levy and
24 collection. Each board of park commissioners, having control
25 of a public park or parks within which there shall be
26 maintained any aquarium or any museum or museums of art,
27 industry, science or natural or other history under the
28 provisions of this Act, is hereby authorized, subject to the
29 provisions of Section 4 of this Act, to levy annually a tax
30 not to exceed .03 per cent in park districts of less than
31 500,000 population and in districts of over 500,000
32 population not to exceed .15 percent of the full, fair cash
-146- LRB9001778DNmb
1 value, as equalized or assessed by the Department of Revenue
2 of taxable property embraced in said district, according to
3 the valuation of the same as made for the purpose of State
4 and county taxation by the general assessment last preceding
5 the time when such tax hereby authorized shall be levied:
6 Such tax to be for the purpose of establishing, acquiring,
7 completing, erecting, enlarging, ornamenting, building,
8 rebuilding, rehabilitating, improving, operating, maintaining
9 and caring for such aquarium and museum or museums and the
10 buildings and grounds thereof; and the proceeds of such
11 additional tax shall be kept as a separate fund. Said tax
12 shall be in addition to all other taxes which such board of
13 park commissioners is now or hereafter may be authorized to
14 levy on the aggregate valuation of all taxable property
15 within the park district. Said tax shall be levied and
16 collected in like manner as the general taxes for such parks
17 and shall not be included within any limitation of rate for
18 general park purposes as now or hereafter provided by law but
19 shall be excluded therefrom and be in addition thereto and in
20 excess thereof. Provided, further, that the foregoing
21 limitations upon tax rates, insofar as they are applicable to
22 park districts of less than 500,000 population, may be
23 further increased or decreased according to the referendum
24 provisions of the General Revenue Law of Illinois.
25 Whenever the board of park commissioners of a park
26 district of less than 500,000 population adopts a resolution
27 that it shall levy and collect a tax for the purposes
28 specified in this Section in excess of .03 percent but not to
29 exceed .07 percent of the value of taxable property in the
30 district, the board shall cause the resolution to be
31 published at least once in a newspaper of general circulation
32 within the district. If there is no such newspaper, the
33 resolution shall be posted in at least 3 public places within
34 the district. The publication or posting of the resolution
-147- LRB9001778DNmb
1 shall include a notice of (1) the specific number of electors
2 required to sign a petition requesting that the question of
3 the adoption of the resolution be submitted to the electors
4 of the district; (2) the time within which the petition must
5 be filed; and (3) the date of the prospective referendum.
6 The secretary of the park district shall provide a
7 petition form to any individual requesting one.
8 Any taxpayer in such district may, within 30 days after
9 the first publication or posting of the resolution, file with
10 the secretary of the park district a petition signed by not
11 less than 10 percent or 1,500, whichever is lesser, of the
12 electors of the district requesting that the following
13 question be submitted to the electors of the district:
14 "Shall the .... Park District be authorized to levy an
15 annual tax in excess of .... but not to exceed .... as
16 authorized in Section 2 of "An Act concerning aquariums and
17 museums in public parks" for the purpose of establishing,
18 acquiring, completing, erecting, enlarging, ornamenting,
19 building, rebuilding, rehabilitating, improving, operating,
20 maintaining and caring for such aquariums and museum or
21 museums and the buildings and grounds thereof?" The
22 secretary of the park district shall certify the proposition
23 to the proper election authorities for submission to the
24 electorate at a regular scheduled election in accordance with
25 the general election law.
26 Notwithstanding any other provision of this Section, on
27 and after the effective date of this amendatory Act of 1997,
28 every publication or posting of a resolution under this
29 Section and every petition filed under this Section must
30 comply with the provisions of this paragraph. The
31 publication or posting shall include a notice of (i) the
32 specific number of voters required to sign a petition
33 requesting the submission of the question to the electors,
34 (ii) the time within which the petition must be filed, and
-148- LRB9001778DNmb
1 (iii) the date of the prospective referendum. The
2 publication or posting also must include a general
3 description of the boundaries of the district, using easily
4 recognized descriptions. The petition must be signed by
5 voters equal in number to 5% of the total number of voters in
6 the district who voted at the last preceding general election
7 at which electors of the President and Vice-President of the
8 United States were elected. The petition must be filed
9 within 30 days after the publication or posting.
10 If a majority of the electors voting on the proposition
11 vote in favor thereof, such increased tax shall thereafter be
12 authorized; if a majority of the vote is against such
13 proposition, the previous maximum rate shall remain in effect
14 until changed by law.
15 (Source: P.A. 86-329.)
16 Section 110. The Rescue Squad District Act is amended by
17 changing Section 13 as follows:
18 (70 ILCS 2005/13) (from Ch. 85, par. 6863)
19 Sec. 13. Any territory lying adjacent and contiguous to
20 a rescue squad district, and not part of another rescue squad
21 district and not part of a fire protection district that
22 provides rescue services, may be annexed to the district as
23 provided in this Section.
24 Upon petition in writing, describing the territory
25 proposed to be annexed and signed by a majority of the legal
26 voters in that territory and by the owners of more than half
27 of the taxable property in that territory as shown by the
28 last ascertained equalized value of the taxable property in
29 that territory being filed with the trustees of the district,
30 the trustees may annex the territory by a resolution which
31 shall be published at least once in a newspaper having a
32 general circulation in the territory and shall include a
-149- LRB9001778DNmb
1 notice of (1) the specific number of voters required to sign
2 a petition requesting that the question of the adoption of
3 the resolution be submitted to the electors of the territory,
4 (2) the time in which the petition must be filed, and (3) the
5 date of the prospective referendum. The county clerk of the
6 county in which the territory is situated shall provide a
7 petition form to any individual requesting one.
8 Notwithstanding any other provision of this Section, on
9 and after the effective date of this amendatory Act of 1997,
10 every publication or posting of an ordinance under this
11 Section and every petition filed under this Section must
12 comply with the provisions of this paragraph. The
13 publication or posting shall include a notice of (i) the
14 specific number of voters required to sign a petition
15 requesting the submission of the question to the electors,
16 (ii) the time within which the petition must be filed, and
17 (iii) the date of the prospective referendum. The
18 publication or posting also must include a general
19 description of the boundaries of the district, using easily
20 recognized descriptions. The petition must be signed by
21 voters equal in number to 5% of the total number of voters in
22 the district who voted at the last preceding general election
23 at which electors of the President and Vice-President of the
24 United States were elected. The petition must be filed
25 within 30 days after the publication or posting. The
26 resolution shall be effective 45 days from the date of
27 publication and is subject to a referendum, if a referendum
28 is requested, before the effective date of the resolution, by
29 the lesser of 1,000 voters or 5% of the voters in the
30 district. The trustees may also order the question of the
31 annexation of the territory to be submitted to the legal
32 voters of the district at a regular election by certifying
33 the question to the proper election officials. Notice of the
34 election shall be given and the election conducted in the
-150- LRB9001778DNmb
1 manner provided by the general election law. The proposition
2 shall be stated as follows: "Shall the territory (describing
3 it) be annexed to The .... Rescue Squad District?" If the
4 majority of all the votes cast on the question is in favor of
5 annexation, the board of trustees shall so certify to the
6 county clerk, and within 10 days of the election the trustees
7 by an order duly entered upon their records shall annex the
8 territory to the district and shall file a map of the annexed
9 territory in the office of the county clerk of the county
10 where the annexed territory is situated. Thereupon the
11 territory shall be deemed annexed to and shall be a part of
12 the rescue squad district.
13 (Source: P.A. 86-916.)
14 Section 115. The River Conservancy Districts Act is
15 amended by changing Sections 15.1 and 26b as follows:
16 (70 ILCS 2105/15.1) (from Ch. 42, par. 398.1)
17 Sec. 15.1. Any river conservancy district organized
18 under this Act for the purpose of carrying out the powers
19 conferred by Section 11 of this Act may borrow money and as
20 evidence thereof may issue bonds, payable solely from revenue
21 derived from the facilities authorized to be constructed,
22 purchased, or acquired by Section 11 of this Act. These bonds
23 may be issued in such amounts as may be necessary to provide
24 sufficient funds to pay all costs of acquiring the land for
25 any such facility or constructing such facility or both,
26 including engineering, legal and other expenses, together
27 with interest on the bonds to a date 6 months subsequent to
28 the estimated date of completion.
29 Whenever the trustees determine to acquire land for any
30 of the purposes enumerated in Section 11 of this Act and to
31 issue bonds under this section for the payment of the cost
32 thereof, the board of trustees shall adopt an ordinance
-151- LRB9001778DNmb
1 describing in a general way the contemplated project and
2 refer to the preliminary plans and engineering reports
3 therefor. These preliminary plans and engineering reports
4 shall be filed with the secretary of the board of trustees
5 and shall be open for inspection by the public.
6 This ordinance shall set out the estimated cost of the
7 project, fix the amount of revenue bonds to be issued, the
8 maturity or maturities thereof, the interest rate, which
9 shall not exceed the rate permitted in the Bond Authorization
10 Act, payable annually or semi-annually, and all details in
11 connection with the bonds. The ordinance shall provide that
12 the entire revenue from the facilities to be constructed or
13 acquired with the proceeds of the sale of said bonds shall be
14 set aside as collected and deposited in a separate fund, and
15 a sufficient amount thereof shall be used solely in paying
16 the cost of maintenance and operation of such improvement or
17 facility, in providing an adequate depreciation fund, and in
18 paying the principal of and the interest on said bonds, as
19 they mature. The ordinance may also provide for the issuance
20 of additional bonds for the completion of the improvement or
21 facility on a parity with the bonds originally issued
22 thereunder. The ordinance shall provide that the conservancy
23 district will operate such improvement or facility
24 continuously and that it will fix and maintain rates or
25 charges for service from or use of the facilities constructed
26 or acquired at all times sufficient to pay promptly the cost
27 of maintenance and operation of the facilities so constructed
28 or acquired, to provide an adequate depreciation fund, to pay
29 the principal of and interest on the bonds authorized by the
30 ordinance, and to maintain a proper reserve fund. The
31 ordinance shall empower the conservancy district to make such
32 covenants with respect to setting aside the income and
33 revenue to be derived from the operation of the facilities as
34 may be deemed advisable to assure prompt payment of the bonds
-152- LRB9001778DNmb
1 and interest thereon as they mature.
2 After this ordinance has been adopted, it shall be
3 published in the same manner and form as is required for
4 other ordinances of the district.
5 The publication of the ordinance shall include a notice
6 of (1) the specific number of voters required to sign a
7 petition requesting that the question of the adoption of the
8 ordinance be submitted to the electors of the district; (2)
9 the time in which such petition must be filed; and (3) the
10 date of the prospective referendum. The secretary of the
11 board shall provide a petition form to any individual
12 requesting one.
13 If no petition is filed with the secretary of the board
14 as provided in this section within 30 days after the
15 publication or posting of this ordinance, the ordinance shall
16 be in effect after the expiration of this 30 day period. If
17 within the 30 day period a petition is filed with the
18 secretary of the board signed by voters of the district
19 numbering 10% or more of the registered voters in the
20 conservancy district asking that the question of acquiring
21 land for the conservancy district or constructing or
22 acquiring the facilities described in the ordinance and the
23 issuance of the specified bonds be submitted to the electors
24 thereof, the board of trustees shall certify the question to
25 the proper election officials who shall submit the question
26 at an election in accordance with the general election law.
27 Notwithstanding any other provision of this Section, on
28 and after the effective date of this amendatory Act of 1997,
29 every publication of an ordinance under this Section and
30 every petition filed under this Section must comply with the
31 provisions of this paragraph. The publication shall include
32 a notice of (i) the specific number of voters required to
33 sign a petition requesting the submission of the question to
34 the electors, (ii) the time within which the petition must be
-153- LRB9001778DNmb
1 filed, and (iii) the date of the prospective referendum. The
2 publication also must include a general description of the
3 boundaries of the district, using easily recognized
4 descriptions. The petition must be signed by voters equal in
5 number to 5% of the total number of voters in the district
6 who voted at the last preceding general election at which
7 electors of the President and Vice-President of the United
8 States were elected. The petition must be filed within 30
9 days after the publication.
10 If a majority of the votes cast on the question are in
11 favor of the project, and in favor of the issuance of the
12 specified bonds, the ordinance shall be in effect. But if a
13 majority of the votes cast on the question are against the
14 project and the issuance of the bonds, the ordinance shall
15 not become effective. If the ordinance becomes effective it
16 shall be recorded in the recorder's office in the county or
17 counties in which the property is located.
18 Bonds issued under this section are negotiable
19 instruments, and shall be executed by the president and by
20 the secretary of the board of trustees. In case any officer
21 whose signature appears on the bonds or coupons ceases to
22 hold office before the bonds are delivered, his signature,
23 nevertheless shall be valid and sufficient for all purposes,
24 the same as though he had remained in office until the bonds
25 were delivered.
26 (Source: P.A. 87-767.)
27 (70 ILCS 2105/26b) (from Ch. 42, par. 409b)
28 Sec. 26b. A river conservancy district organized under
29 this Act may be dissolved in the following manner:
30 Its board of trustees shall adopt an ordinance finding
31 and determining that all outstanding debts and obligations
32 have been discharged or assumed by another public agency and
33 that the public interest does not require continuation of the
-154- LRB9001778DNmb
1 district. The publication of the ordinance shall be
2 accompanied by a notice of (1) the specific number of voters
3 required to sign a petition requesting the question of
4 dissolving the district to be submitted to the electors; (2)
5 the time in which such petition must be filed; and (3) the
6 date of the prospective referendum. The district secretary
7 shall provide a petition form to any individual requesting
8 one.
9 Unless a petition shall be filed with the board within 30
10 days after such publication containing the signatures of a
11 number of electors residing in the district equal to 10% or
12 more of the registered voters in the district requesting that
13 the question of the dissolution of the district be submitted
14 to an election, the district shall be deemed to be dissolved
15 at the expiration of the 30 day period. If such a petition is
16 filed, the question of the dissolution of the district shall
17 be certified to the proper election officials, who shall
18 submit the question to the electors of the district at an
19 election in accordance with the general election law.
20 Notwithstanding any other provision of this Section, on
21 and after the effective date of this amendatory Act of 1997,
22 every publication of an ordinance under this Section and
23 every petition filed under this Section must comply with the
24 provisions of this paragraph. The publication shall include
25 a notice of (i) the specific number of voters required to
26 sign a petition requesting the submission of the question to
27 the electors, (ii) the time within which the petition must be
28 filed, and (iii) the date of the prospective referendum. The
29 publication also must include a general description of the
30 boundaries of the district, using easily recognized
31 descriptions. The petition must be signed by voters equal in
32 number to 5% of the total number of voters in the district
33 who voted at the last preceding general election at which
34 electors of the President and Vice-President of the United
-155- LRB9001778DNmb
1 States were elected. The petition must be filed within 30
2 days after the publication.
3 The question shall be in substantially the following
4 form:
5 -------------------------------------------------------------
6 "Shall the ........... YES
7 River Conservancy District
8 -----------------------------
9 be dissolved?" NO
10 -------------------------------------------------------------
11 The result of the election shall be entered upon the
12 corporate records of the district. If a majority of the
13 ballots cast on the question are marked "yes" the district
14 shall be dissolved. But if a majority of the ballots on the
15 question are marked "no", the corporate authorities shall
16 proceed with the affairs of the district as though the
17 dissolution ordinance had never been adopted, and, in such
18 case, the question shall not again be considered for a period
19 of one year. When the business and affairs of any such
20 district have been closed up after dissolution, such fact
21 shall be certified by the board of trustees to the county
22 clerk and recorder of the county or counties in which the
23 district was situated and to the Secretary of State. All
24 assets of the district remaining after the closing up of
25 business affairs and the retiring of all debts and
26 obligations shall be paid to the corporate fund of the
27 township in which such district was situated. If such
28 district was situated in 2 or more townships, the assets
29 shall be divided on a pro rata basis between the corporate
30 fund of each township according to the value, as equalized
31 and assessed by the Department of Revenue, of all taxable
32 property in each township situated within the boundaries of
33 such district.
34 (Source: P.A. 87-767.)
-156- LRB9001778DNmb
1 Section 120. The Sanitary District Act of 1917 is
2 amended by changing Section 16.4 as follows:
3 (70 ILCS 2405/16.4) (from Ch. 42, par. 315.4)
4 Sec. 16.4. Any ordinance adopted pursuant to the
5 preceding Section shall be published in a newspaper published
6 and having a general circulation in the district undertaking
7 the project or, if there is no such newspaper, it shall be
8 posted in at least 3 of the most public places in the
9 district. The publication or posting of the ordinance shall
10 be accompanied by a notice of (1) the specific number of
11 voters required to sign a petition requesting that the
12 question of acquiring, constructing, purchasing, improving or
13 extending the waterworks, and the issuance of revenue bonds
14 to be submitted to the electors; (2) the time in which such
15 petition must be filed; and (3) the date of the prospective
16 referendum. The clerk of the district shall provide a
17 petition form to any individual requesting one.
18 If no petition for an election is filed with the Clerk of
19 the district within 30 days after such publication or
20 posting, then, at the expiration of 30 days, the ordinance
21 shall be in effect. If, however, within the period of 30 days
22 a petition is filed with the clerk, signed by voters of the
23 district numbering 10% or more of the registered voters
24 within the district, asking that the question of acquiring,
25 constructing, purchasing, improving or extending the
26 waterworks, and the issuance of revenue bonds therefor, as
27 provided in the ordinance, be submitted to the electors of
28 the district, the trustees shall certify such question to the
29 proper election officials, who shall submit the question at
30 an election in accordance with the general election law to
31 decide whether the project and issuance of bonds of the
32 district, as set forth in the ordinance, should be approved.
33 Notwithstanding any other provision of this Section, on
-157- LRB9001778DNmb
1 and after the effective date of this amendatory Act of 1997,
2 every publication or posting of an ordinance under this
3 Section and every petition filed under this Section must
4 comply with the provisions of this paragraph. The
5 publication or posting shall include a notice of (i) the
6 specific number of voters required to sign a petition
7 requesting the submission of the question to the electors,
8 (ii) the time within which the petition must be filed, and
9 (iii) the date of the prospective referendum. The
10 publication or posting also must include a general
11 description of the boundaries of the district, using easily
12 recognized descriptions. The petition must be signed by
13 voters equal in number to 5% of the total number of voters in
14 the district who voted at the last preceding general election
15 at which electors of the President and Vice-President of the
16 United States were elected. The petition must be filed
17 within 30 days after the publication or posting.
18 If it appears that a majority of the votes cast on the
19 question are in favor thereof, the ordinance takes effect.
20 But if a majority of the votes cast on the question are
21 unfavorable, the trustees shall proceed no further and the
22 ordinance does not take effect.
23 (Source: P.A. 87-767.)
24 Section 125. The Sanitary District Act of 1936 is
25 amended by changing Sections 26d and 32f as follows:
26 (70 ILCS 2805/26d) (from Ch. 42, par. 437d)
27 Sec. 26d. Any ordinance adopted pursuant to the
28 preceding section shall be published in a newspaper published
29 and having a general circulation in the district undertaking
30 the project or, if there is no such newspaper, it shall be
31 posted in at least 3 of the most public places in the
32 district. The publication or posting of the ordinance shall
-158- LRB9001778DNmb
1 include a notice of (1) the specific number of voters
2 required to sign a petition requesting that the question of
3 the adoption of the ordinance be submitted to the electors of
4 the district; (2) the time in which such petition must be
5 filed; and (3) the date of the prospective referendum. The
6 Clerk of district shall provide a petition form to any
7 individual requesting one.
8 If no petition for an election is filed with the Clerk of
9 the district within 30 days after such publication or
10 posting, then, at the expiration of the 30 days, the
11 ordinance shall be in full force and effect. If, however,
12 within the period of 30 days a petition is filed with the
13 clerk, signed by a number of the legal voters within the
14 district equal to 10% or more of the registered voters in the
15 district, asking that the question of acquiring,
16 constructing, purchasing, improving or extending the drainage
17 system, and the issuance of revenue bonds therefor, as
18 provided in the ordinance, be submitted to the electors of
19 the district, the trustees shall certify the ordinance and
20 question to the proper election officials, who shall submit
21 the question at an election in accordance with the general
22 election law to decide whether the project and issuance of
23 bonds of the district, as set forth in the ordinance, should
24 be approved.
25 Notwithstanding any other provision of this Section, on
26 and after the effective date of this amendatory Act of 1997,
27 every publication or posting of an ordinance under this
28 Section and every petition filed under this Section must
29 comply with the provisions of this paragraph. The
30 publication or posting shall include a notice of (i) the
31 specific number of voters required to sign a petition
32 requesting the submission of the question to the electors,
33 (ii) the time within which the petition must be filed, and
34 (iii) the date of the prospective referendum. The
-159- LRB9001778DNmb
1 publication or posting also must include a general
2 description of the boundaries of the district, using easily
3 recognized descriptions. The petition must be signed by
4 voters equal in number to 5% of the total number of voters in
5 the district who voted at the last preceding general election
6 at which electors of the President and Vice-President of the
7 United States were elected. The petition must be filed
8 within 30 days after the publication or posting.
9 If a majority of the votes cast on the question are in
10 favor thereof, the ordinance shall be in effect. But if a
11 majority of the votes cast on the question are unfavorable,
12 the trustees shall proceed no further and the ordinance shall
13 not take effect.
14 (Source: P.A. 87-767.)
15 (70 ILCS 2805/32f) (from Ch. 42, par. 443f)
16 Sec. 32f. Any ordinance adopted pursuant to the
17 preceding section shall be published in a newspaper published
18 and having a general circulation in the district undertaking
19 the project or, if there is no such newspaper, it shall be
20 posted in at least three of the most public places in the
21 district.
22 The publication or posting of the ordinance shall include
23 a notice of (1) the specific number of voters required to
24 sign a petition requesting that the question of the adoption
25 of the ordinance be submitted to the electors of the
26 district; (2) the time in which such petition must be filed;
27 and (3) the date of the prospective referendum. The Clerk of
28 the district shall provide a petition form to any individual
29 requesting one.
30 If no petition for a referendum is filed with the Clerk
31 of the district within 30 after such publication or posting,
32 then, at the expiration of said 30 days, the ordinance shall
33 be in full force and effect. If, however, within said period
-160- LRB9001778DNmb
1 of 30 days a petition is filed with the clerk, signed by a
2 number of the legal voters within the district equal to 10%
3 or more of the registered voters within the district, asking
4 that the question of acquiring, constructing, purchasing,
5 improving or extending the waterworks, and the issuance of
6 revenue bonds therefor, as provided in the ordinance, be
7 submitted to the electors of the district, the trustees shall
8 certify such question to the proper election officials, who
9 shall submit the question at an election in accordance with
10 the general election law to decide whether the project and
11 issuance of bonds of the district, as set forth in the
12 ordinance, should be approved.
13 Notwithstanding any other provision of this Section, on
14 and after the effective date of this amendatory Act of 1997,
15 every publication or posting of an ordinance under this
16 Section and every petition filed under this Section must
17 comply with the provisions of this paragraph. The
18 publication or posting shall include a notice of (i) the
19 specific number of voters required to sign a petition
20 requesting the submission of the question to the electors,
21 (ii) the time within which the petition must be filed, and
22 (iii) the date of the prospective referendum. The
23 publication or posting also must include a general
24 description of the boundaries of the district, using easily
25 recognized descriptions. The petition must be signed by
26 voters equal in number to 5% of the total number of voters in
27 the district who voted at the last preceding general election
28 at which electors of the President and Vice-President of the
29 United States were elected. The petition must be filed
30 within 30 days after the publication or posting.
31 If a majority of the votes cast on the question are in
32 favor thereof, the ordinance shall be in effect. But if a
33 majority of the votes cast on the question are unfavorable,
34 the trustees shall proceed no further and the ordinance shall
-161- LRB9001778DNmb
1 not take effect.
2 (Source: P.A. 87-767.)
3 Section 130. The Sanitary District Revenue Bond Act is
4 amended by changing Section 4 as follows:
5 (70 ILCS 3010/4) (from Ch. 42, par. 319.4)
6 Sec. 4. After this ordinance has been adopted, it shall
7 be published once in a newspaper published and having a
8 general circulation in the sanitary district, or if there is
9 no such newspaper, it shall be posted in at least 3 of the
10 most public places in the sanitary district.
11 If the ordinance specifies that the sanitary district has
12 been directed by an order issued under the provisions of "An
13 Act to establish a Sanitary Water Board and to control,
14 prevent, and abate pollution of the streams, lakes, ponds,
15 and other surface and underground waters in the State, and to
16 repeal an Act named therein", approved July 12, 1951, as
17 heretofore or hereafter amended, and the Environmental
18 Protection Act, to abate its discharge of untreated or
19 inadequately treated sewage, the ordinance authorizing the
20 issuance of those revenue bonds shall be in effect
21 immediately upon its adoption and publication, or posting, as
22 provided in this section, notwithstanding any provision in
23 this Act or any other law to the contrary.
24 In all other cases, if no petition is filed with the
25 clerk of the sanitary district, as hereinafter provided in
26 this section, within 30 days after the publication or posting
27 of the ordinance, which must include a notice of (1) the
28 specific number of voters required to sign a petition
29 requesting that the question of the adoption of the ordinance
30 to be submitted to the electors; (2) the time in which such
31 petition must be filed; and (3) the date of prospective
32 referendum, the ordinance shall be in effect after the
-162- LRB9001778DNmb
1 expiration of that 30 day period. But if within that 30 day
2 period a petition is filed with the clerk of that sanitary
3 district signed by voters of the district numbering 10% or
4 more of the registered voters of the sanitary district,
5 asking that the question of improving or extending or of
6 constructing or acquiring and improving and extending a
7 sewerage system and of issuing revenue bonds to pay the cost
8 thereof be submitted to the legal voters of the sanitary
9 district the board of trustees of the sanitary district shall
10 cause submission of the question at the next regular election
11 in accordance with the general election law. The clerk of the
12 sanitary district shall provide a petition form to any
13 individual requesting one.
14 Notwithstanding any other provision of this Section, on
15 and after the effective date of this amendatory Act of 1997,
16 every publication or posting of an ordinance under this
17 Section and every petition filed under this Section must
18 comply with the provisions of this paragraph. The
19 publication or posting shall include a notice of (i) the
20 specific number of voters required to sign a petition
21 requesting the submission of the question to the electors,
22 (ii) the time within which the petition must be filed, and
23 (iii) the date of the prospective referendum. The
24 publication or posting also must include a general
25 description of the boundaries of the district, using easily
26 recognized descriptions. The petition must be signed by
27 voters equal in number to 5% of the total number of voters in
28 the district who voted at the last preceding general election
29 at which electors of the President and Vice-President of the
30 United States were elected. The petition must be filed
31 within 30 days after the publication or posting.
32 If it appears upon the canvass of the election that a
33 majority of the legal voters voting upon the question voted
34 in favor thereof, the ordinance shall be in effect, but if a
-163- LRB9001778DNmb
1 majority of the legal voters voting upon the question are not
2 in favor thereof, the ordinance shall not take effect.
3 (Source: P.A. 87-767.)
4 Section 135. The Illinois Local Library Act is amended
5 by changing Sections 3-1, 3-4, and 3-9 as follows:
6 (75 ILCS 5/3-1) (from Ch. 81, par. 3-1)
7 Sec. 3-1. In any city of 500,000 or fewer inhabitants,
8 the corporate authorities shall levy a tax for library
9 purposes of not to exceed .15% of the value of all the
10 taxable property in the city, as equalized or assessed by the
11 Department of Revenue. If the annual public library tax rate
12 of an established library was increased above .12% up to .20%
13 prior to 1972 as provided in this Act, the corporate
14 authorities shall then levy up to an additional .03% above
15 the increased rate approved at the election. If, however, the
16 corporate authorities desire to increase the tax rate but not
17 in excess of .60% of value for such purposes, the corporate
18 authorities may, by ordinance, stating the tax rate desired,
19 direct that a proposition be submitted to the voters of the
20 city at any regular election. The proposition shall be in
21 substantially the form prescribed in Section 3-3. If a
22 majority of the votes cast upon the proposition are in favor
23 thereof, the corporate authorities may thereafter levy
24 annually a tax for library purposes at the authorized
25 increased rate. Any tax levied pursuant to Section 3-9 shall
26 be disregarded in applying the provisions of this Section.
27 The corporate authorities may also levy an additional tax
28 of .02% of the value of all the taxable property in the city,
29 as equalized or assessed by the Department of Revenue, for
30 the purchase of sites and buildings, for the construction and
31 equipment of buildings, for the rental of buildings required
32 for library purposes, and for maintenance, repairs and
-164- LRB9001778DNmb
1 alterations of library buildings and equipment. In any year
2 in which the corporate authorities propose to levy such
3 additional .02% tax, the corporate authorities shall adopt a
4 resolution determining to levy such tax. Within 15 days
5 after the adoption of the resolution, it shall be published
6 at least once in one or more newspapers published in the
7 city, or if no newspaper is published therein, then in one or
8 more newspapers with a general circulation within the city.
9 In a city in which no newspaper is published, publication may
10 instead be made by posting a notice in three prominent places
11 within the city. The publication or posting of the resolution
12 shall include a notice of (1) the specific number of voters
13 required to sign a petition requesting that the question of
14 the adoption of the resolution be submitted to the electors
15 of the city; (2) the time in which the petition must be
16 filed; and (3) the date of the prospective referendum. The
17 city clerk shall provide a petition form to any individual
18 requesting one. If no petition is filed with the corporate
19 authorities within 30 days after publication or posting of
20 the resolution, or if all petitions so filed are determined
21 to be invalid or insufficient the city shall then be
22 authorized to levy the tax. However, if within the 30 day
23 period, a petition is filed with the corporate authorities,
24 signed by electors of the city equal in number to 10% or more
25 of the total number of registered voters in the city, asking
26 that the question of levying such a .02% tax be submitted to
27 the electors of the city, the question shall be submitted at
28 an election. Notice of this referendum shall be given as
29 provided by the general election laws of the state, and the
30 referendum shall be held in all respects in accordance with
31 those laws.
32 Notwithstanding any other provision of this Section, on
33 and after the effective date of this amendatory Act of 1997,
34 every publication or posting of a resolution under this
-165- LRB9001778DNmb
1 Section and every petition filed under this Section must
2 comply with the provisions of this paragraph. The
3 publication or posting shall include a notice of (i) the
4 specific number of voters required to sign a petition
5 requesting the submission of the question to the electors,
6 (ii) the time within which the petition must be filed, and
7 (iii) the date of the prospective referendum. The petition
8 must be signed by voters equal in number to 5% of the total
9 number of voters in the municipality who voted at the last
10 preceding general election at which electors of the President
11 and Vice-President of the United States were elected. The
12 petition must be filed within 30 days after the publication
13 or posting.
14 The proposition shall be in substantially the following
15 form: "Shall the corporate authorities of (name of city) be
16 authorized to levy an additional tax of ....% for the
17 construction of buildings, provision of sites, etc., as
18 determined by resolution of ............, 19..?". If a
19 majority of votes cast upon the proposition are in favor
20 thereof, the corporate authorities may levy the additional
21 tax.
22 (Source: P.A. 87-767.)
23 (75 ILCS 5/3-4) (from Ch. 81, par. 3-4)
24 Sec. 3-4. When the electors of an incorporated town,
25 village or township have voted to establish and maintain a
26 public library as provided in Section 2-2, the corporate
27 authorities of such incorporated town, village or township
28 shall levy an annual tax for the establishment and
29 maintenance of such library, not exceeding .15% of the value
30 as equalized or assessed by the Department of Revenue. If the
31 petition and ballots so specify in the original establishment
32 as set forth in Section 2-2 of this Act, the corporate
33 authorities may levy a tax in excess of .15%, not to exceed
-166- LRB9001778DNmb
1 the rate specified in such establishment petition and ballot,
2 but in any event not to exceed .60% of the value as equalized
3 and assessed by the Department of Revenue. If the annual
4 public library tax rate of an established library was
5 increased above .12% up to .20% prior to 1972 as provided in
6 this Act, the corporate authorities shall then levy up to an
7 additional .03% above the increased rate approved at the
8 referendum. Such tax rate may be increased to not to exceed
9 .60% of the value, as equalized or assessed by the Department
10 of Revenue, or the excess tax shall no longer be levied, if
11 the electors of such incorporated town, village or township
12 shall so determine by referendum at any regular election.
13 Such referendum shall be petitioned for in the manner as the
14 referendum for the establishment and maintenance of the
15 library. Any tax levied pursuant to Section 3-9 shall be
16 disregarded in applying the provisions of this Section.
17 The corporate authorities may also levy an additional tax
18 of .02% of the value of all the taxable property in the
19 incorporated town, village or township, as equalized or
20 assessed by the Department of Revenue, for the purchase of
21 sites and buildings, for the construction and equipment of
22 buildings, for the rental of buildings required for library
23 purposes, and for maintenance, repairs and alterations of
24 library buildings and equipment. In any year in which the
25 corporate authorities propose to levy such additional .02%
26 tax, the corporate authorities shall adopt a resolution
27 determining to levy such tax. Within 15 days after the
28 adoption of the resolution, it shall be published at least
29 once in one or more newspapers published in the incorporated
30 town, village or township, or if no newspaper is published
31 therein, then in one or more newspapers with a general
32 circulation therein. In an incorporated town, village or
33 township in which no newspaper is published, publication may
34 instead be made by posting a notice in three prominent
-167- LRB9001778DNmb
1 places. The publication or posting of the resolution shall
2 include a notice of (1) the specific number of voters
3 required to sign a petition requesting that the question of
4 the adoption of the resolution be submitted to the electors
5 of the incorporated town, village or township; (2) the time
6 in which the petition must be filed; and (3) the date of the
7 prospective referendum. The clerk of the incorporated town,
8 village or township, shall provide a petition form to any
9 individual requesting one. If no petition is filed with the
10 corporate authorities within 30 days after publication or
11 posting of the resolution, the incorporated town, village or
12 township shall then be authorized to levy the tax. However,
13 if within the 30 day period, a petition is filed with the
14 corporate authorities, signed by electors of the incorporated
15 town, village or township equal in number to 10% or more of
16 the total number of registered voters in the incorporated
17 town, village or township, asking that the question of
18 levying such a .02% tax be submitted to the electors thereof,
19 the question shall be submitted at a special or general
20 election. Notice of this election shall be given as provided
21 by the general election laws of this state in force at the
22 time of the election, and the election shall be held in all
23 respects in accordance with those laws.
24 Notwithstanding any other provision of this Section, on
25 and after the effective date of this amendatory Act of 1997,
26 every publication or posting of a resolution under this
27 Section and every petition filed under this Section must
28 comply with the provisions of this paragraph. The
29 publication or posting shall include a notice of (i) the
30 specific number of voters required to sign a petition
31 requesting the submission of the question to the electors,
32 (ii) the time within which the petition must be filed, and
33 (iii) the date of the prospective referendum. The petition
34 must be signed by voters equal in number to 5% of the total
-168- LRB9001778DNmb
1 number of voters in the municipality who voted at the last
2 preceding general election at which electors of the President
3 and Vice-President of the United States were elected. The
4 petition must be filed within 30 days after the publication
5 or posting.
6 The ballot on which the proposition is submitted shall be
7 in substantially the following form: "Shall the corporate
8 authorities of (name of incorporated town, village or
9 township) be authorized to levy an additional tax of ...% for
10 the construction of buildings, provision of sites, etc., as
11 determined by resolution of ....., 19 ?". If a majority of
12 votes cast upon the proposition are in favor thereof, the
13 corporate authorities may levy the additional tax.
14 (Source: P.A. 87-767.)
15 (75 ILCS 5/3-9) (from Ch. 81, par. 3-9)
16 Sec. 3-9. For the purpose of providing money to establish
17 and replenish a local library working cash fund authorized by
18 Section 4-13, corporate authorities shall have the power to
19 levy, upon all the taxable property of a city, village,
20 incorporated town or township, a tax not to exceed .05% of
21 the value, as equalized or assessed by the Department of
22 Revenue for the year in which the levy is made. The tax shall
23 be levied and collected in like manner with other general
24 taxes of the city, village, incorporated town or township but
25 the collection of the tax shall not be anticipated by the
26 issuance of any warrants drawn against the tax. The tax shall
27 be known as the local library working cash fund tax and shall
28 be set apart in a special fund as prescribed in Section 4-13.
29 Whenever a tax is first levied under this Section, any
30 taxpayer in the city, village, incorporated town or township
31 may, within 30 days after the levy is made, file with the
32 corporate authorities a petition signed by voters of the
33 city, village, incorporated town or township equal in number
-169- LRB9001778DNmb
1 to 10% or more of the registered voters of the city, village,
2 incorporated town or township requesting the submission of a
3 proposition to the voters of the city, village, incorporated
4 town or township at an election in accordance with the
5 general election law.
6 Notwithstanding any other provision of this Section, on
7 and after the effective date of this amendatory Act of 1997,
8 every petition filed under this Section must comply with the
9 provisions of this paragraph. The petition must be signed by
10 voters equal in number to 5% of the total number of voters in
11 the municipality who voted at the last preceding general
12 election at which electors of the President and
13 Vice-President of the United States were elected. The
14 petition must be filed within 30 days after the levy is made.
15 The corporate authority shall certify the proposition to
16 the proper election officials, who shall submit the
17 proposition to the voters at an election in accordance with
18 the general election law. If a majority of the votes cast
19 upon the proposition are in favor thereof the tax shall
20 thereafter be authorized; if a majority of the votes cast
21 upon the proposition are against the proposition the tax
22 shall not be levied.
23 No municipality or township may levy a tax under this
24 Section for more than four years but the four years for which
25 any municipality or township elects to levy such tax need not
26 be consecutive.
27 (Source: P.A. 87-767.)
28 Section 140. The Public Library District Act of 1991 is
29 amended by changing Sections 15-15, 15-20, 35-5, and 35-35 as
30 follows:
31 (75 ILCS 16/15-15)
32 Sec. 15-15. Territory included within municipality or
-170- LRB9001778DNmb
1 school district.
2 (a) Whenever a municipality or school district included
3 entirely or partially within a district has annexed or
4 otherwise includes within its boundaries territory contiguous
5 to the district and without local tax supported public
6 library service, the district may annex that territory by the
7 passage of an ordinance to that effect, describing the
8 territory annexed and reciting the prior annexation or other
9 inclusion of the territory by the municipality or school
10 district.
11 (b) Within 15 days of the passage of the annexation
12 ordinance, the library district shall send notice of the
13 adoption of the ordinance, a copy of the map showing the
14 boundaries of the territory to be annexed, and a copy of the
15 text of the publication notice required in this Section to
16 the president of the board of trustees of each public library
17 with territory within one mile of the territory to be
18 annexed. Within 15 days after the adoption of the ordinance
19 it shall be published as provided in Section 1-30. The board
20 may vacate an annexation ordinance before its publication.
21 (c) The publication or posting of the ordinance shall
22 include a notice of (i) the specific number of voters
23 required to sign a petition requesting that the question of
24 the adoption of the ordinance be submitted to the voters of
25 the district or the territory to be annexed or both, (ii) the
26 time in which the petition must be filed, and (iii) the date
27 of the prospective referendum. The district secretary shall
28 provide a petition form to any individual requesting one.
29 (d) If no petition is filed with the library district
30 within 30 days after publication or posting of the ordinance,
31 the annexation shall take effect. If, however, within the 30
32 day period, a petition is filed with the Board of Trustees of
33 the library district, signed by voters of the district or the
34 territory to be annexed, or both, equal in number to 10% or
-171- LRB9001778DNmb
1 more of the total number of registered voters in the
2 district, the territory to be annexed or both, asking that
3 the question of the annexation of the territory be submitted
4 to the voters of the territory, the board of trustees may
5 vacate the annexation ordinance or certify the question to
6 the proper election authority, who shall submit the question
7 at the next regular election. Notice of this election shall
8 be given and the election shall be conducted in accordance
9 with the Election Code. The proposition shall be submitted to
10 the voters in substantially the following form:
11 Shall (description of territory) be annexed to (name
12 of public library district), (location), Illinois?
13 (d-5) Notwithstanding any other provision of this
14 Section, on and after the effective date of this amendatory
15 Act of 1997, every publication or posting of an ordinance
16 under this Section and every petition filed under this
17 Section must comply with the provisions of this paragraph.
18 The publication or posting shall include a notice of (i) the
19 specific number of voters required to sign a petition
20 requesting the submission of the question to the electors,
21 (ii) the time within which the petition must be filed, and
22 (iii) the date of the prospective referendum. The
23 publication or posting also must include a general
24 description of the boundaries of the district and the
25 territory to be annexed, using easily recognized
26 descriptions. The petition must be signed by voters equal in
27 number to 5% of the total number of voters in the district or
28 the territory to be annexed or both who voted at the last
29 preceding general election at which electors of the President
30 and Vice-President of the United States were elected. The
31 petition must be filed within 30 days after the publication
32 or posting.
33 (e) If a majority of votes cast upon the proposition in
34 the district, and also a majority of votes cast upon the
-172- LRB9001778DNmb
1 proposition in the territory to be annexed, are in favor of
2 the proposition, the Board of Trustees of the library
3 district may conclude the annexation of the territory.
4 (Source: P.A. 87-1277.)
5 (75 ILCS 16/15-20)
6 Sec. 15-20. Referendum for disconnection of annexed
7 territory.
8 (a) A referendum for disconnection may be held whenever
9 territory is annexed by ordinance and without the submission
10 of the question to a referendum as provided in Section 15-15.
11 A referendum for disconnection of this annexed territory
12 shall be held upon the filing of a petition, signed by voters
13 in the annexed territory equal to 10% or more of the total
14 number of registered voters residing within the annexed
15 territory. The petition shall be addressed to and filed with
16 the secretary of the district.
17 (a-5) Notwithstanding any other provision of this
18 Section, on and after the effective date of this amendatory
19 Act of 1997, every petition filed under this Section must
20 comply with the provisions of this paragraph. The petition
21 must be signed by voters equal in number to 5% of the total
22 number of voters in the annexed territory who voted at the
23 last preceding general election at which electors of the
24 President and Vice-President of the United States were
25 elected.
26 (b) The referendum must be held within one year after
27 the date the territory was annexed. The referendum may also
28 be held, however, as set forth in this Section if the
29 petition is filed within 30 days after the date that the
30 first tax bills reflecting the tax levied by the district are
31 sent to the property owners of the annexed territory.
32 (c) Upon the filing of a petition, the district shall
33 certify the question to the proper election authority, who
-173- LRB9001778DNmb
1 shall submit the proposition of disconnection to the voters
2 residing within the territory to be disconnected at an
3 election held in accordance with the Election Code. The
4 proposition shall be in substantially the following form:
5 Shall (description of territory) be disconnected
6 from (name of public library district), (location),
7 Illinois?
8 (d) If a majority of the votes cast upon the question
9 are in favor of disconnection, the territory shall be
10 disconnected. In that event, the district shall file with
11 the circuit court of the county in which the majority of the
12 disconnected territory lies an appropriate petition and a
13 certificate by the election authority of the results of the
14 election. The petition shall request entry of an order of
15 disconnection and the preparation of an appraisal setting
16 forth the value of the tangible property of the district, the
17 liabilities of the district, and the excess of liabilities
18 over tangible assets. Notice of the petition shall be
19 published within the disconnected territory.
20 (e) The court shall, after a hearing upon the merits,
21 enter its order revising the boundaries of the district and
22 setting forth the liability, if any, yet to be retired and
23 paid by the property owners of the disconnected territory.
24 (f) If there are any general obligation bonds of the
25 public library district (or other obligations incurred
26 instead of general obligation bonds under this Act) that are
27 outstanding and unpaid at the time the territory is
28 disconnected from the public library district by operation of
29 this Section, that territory shall remain liable for its
30 proportionate share of the bonded indebtedness or other
31 outstanding obligations incurred instead of bonded
32 indebtedness, and the public library district may continue to
33 levy and extend taxes upon the taxable property in that
34 territory for the purpose of amortizing the bonds or of
-174- LRB9001778DNmb
1 satisfying the other outstanding obligations until sufficient
2 funds to retire the bonds or to satisfy the other outstanding
3 obligations have been collected.
4 (g) The district secretary shall record a certified copy
5 of the disconnection order with the county recorder and file
6 it with the county clerk of each county affected.
7 (h) A proposition for disconnection from a district may
8 not be submitted to the legal voters of any annexed territory
9 more than once.
10 (i) Annexed territory shall not be disconnected under
11 this Section if the disconnection would result in the
12 district becoming noncontiguous.
13 (Source: P.A. 87-1277.)
14 (75 ILCS 16/35-5)
15 Sec. 35-5. Tax levy for establishment, maintenance, and
16 support of district library.
17 (a) When a district has been organized and established
18 under this Act, the board, upon its formation and
19 qualification of the trustees to serve, may levy an annual
20 public library tax for the establishment, maintenance, and
21 support of a public library or libraries within the district
22 or for contracting for library service. The tax shall not
23 exceed 0.15% (or a greater amount not to exceed 0.60% if the
24 greater amount was authorized by the referendum establishing
25 the public library district) of the value of all the taxable
26 property within the district, as equalized and assessed by
27 the Department of Revenue. Any tax levied under Section
28 35-35 shall be disregarded in applying the provisions of this
29 Section.
30 (b) The board may also levy an additional tax of 0.02%
31 of the value of all the taxable property in the district, as
32 equalized or assessed by the Department of Revenue, for the
33 purchase of sites and buildings, the construction and
-175- LRB9001778DNmb
1 equipment of buildings, the rental of buildings required for
2 library purposes, and maintenance, repairs, and alterations
3 of library buildings and equipment.
4 In any year in which the board proposes to levy the
5 additional 0.02% tax, the board shall adopt an ordinance
6 determining to levy the tax. The ordinance may be vacated by
7 the board before its publication.
8 Within 15 days after the adoption of the ordinance, it
9 shall be published in accordance with Section 1-30. The
10 publication or posting of the resolution shall include a
11 notice of (i) the specific number of voters required to sign
12 a petition requesting that the question of the adoption of
13 the resolution be submitted to the electors of the district,
14 (ii) the time in which the petition must be filed, and (iii)
15 the date of the prospective referendum.
16 The secretary of the district shall provide a petition
17 form to any individual requesting one.
18 If no petition is filed with the board within 30 days
19 after publication or posting of the ordinance, the district
20 shall then be authorized to levy the tax. If, however, within
21 the 30 day period a petition is filed with the board, signed
22 by electors of the district equal in number to 10% or more
23 of the total number of registered voters in the district,
24 asking that the question of levying a 0.02% tax be submitted
25 to the electors of the district, the question shall be
26 certified to the proper election authority, who shall submit
27 the question at an election in accordance with the Election
28 Code, unless the board vacates the ordinance within 7 days
29 after the petition is filed.
30 Notwithstanding any other provision of this Section, on
31 and after the effective date of this amendatory Act of 1997,
32 every publication or posting of an ordinance under this
33 Section and every petition filed under this Section must
34 comply with the provisions of this paragraph. The
-176- LRB9001778DNmb
1 publication or posting shall include a notice of (i) the
2 specific number of voters required to sign a petition
3 requesting the submission of the question to the electors,
4 (ii) the time within which the petition must be filed, and
5 (iii) the date of the prospective referendum. The
6 publication or posting also must include a general
7 description of the boundaries of the district, using easily
8 recognized descriptions. The petition must be signed by
9 voters equal in number to 5% of the total number of voters in
10 the district who voted at the last preceding general election
11 at which electors of the President and Vice-President of the
12 United States were elected. The petition must be filed
13 within 30 days after the publication or posting.
14 The proposition shall be in substantially the following
15 form:
16 Shall the Board of Library Trustees of (name of
17 district) be authorized to levy an additional tax of
18 (rate)% for the construction of buildings, provision of
19 sites, etc., as determined by the board's ordinance of
20 (date)?
21 If a majority of votes cast upon the proposition are in
22 the affirmative, the board may levy the additional tax.
23 (Source: P.A. 87-1277.)
24 (75 ILCS 16/35-35)
25 Sec. 35-35. Working cash fund tax.
26 (a) For the purpose of providing money to establish and
27 replenish a library district working cash fund authorized by
28 Section 30-95, the board may levy an annual tax not to exceed
29 0.05% of the value, as equalized or assessed by the
30 Department of Revenue for the year in which each levy is
31 made, of all taxable property in the district. The tax shall
32 be levied and collected in the same manner as other general
33 taxes by the county collector or collectors of the counties
-177- LRB9001778DNmb
1 affected by the levy, but the collection of the tax shall not
2 be anticipated by the issuance of any warrants drawn against
3 the tax. The tax shall be known as the public library
4 district working cash fund tax and shall be set apart in a
5 special fund as prescribed in Sections 35-25 and 30-95.
6 (b) Whenever a tax is first levied under this Section,
7 any taxpayer in the district may, within 30 days after the
8 levy is made, file with the board a petition signed by the
9 voters of the district equal in number to 10% or more of the
10 registered voters of the district requesting the submission
11 of the proposition to the voters of the district at an
12 election in accordance with the Election Code. The board
13 shall certify the proposition to the proper election
14 authority, who shall submit the proposition at an election in
15 accordance with the Election Code.
16 Notwithstanding any other provision of this Section, on
17 and after the effective date of this amendatory Act of 1997,
18 every petition filed under this Section must comply with the
19 provisions of this paragraph. The petition must be signed by
20 voters equal in number to 5% of the total number of voters in
21 the municipality who voted at the last preceding general
22 election at which electors of the President and
23 Vice-President of the United States were elected. The
24 petition must be filed within 30 days after the levy is made.
25 If a majority of the votes cast upon the proposition are
26 in the affirmative, the tax shall thereafter be authorized;
27 if a majority of the votes cast upon the proposition are in
28 the negative, the tax shall not be levied.
29 (c) No public library district may levy a tax under this
30 Section for more than 4 years, but the 4 years for which a
31 district elects to levy the tax need not be consecutive.
32 (Source: P.A. 87-1277.)
33 Section 145. The School Code is amended by changing
-178- LRB9001778DNmb
1 Sections 5-17, 12-13, 17-2.2, 17-2.2b, 19-9, 20-7, and 32-4.4
2 as follows:
3 (105 ILCS 5/5-17) (from Ch. 122, par. 5-17)
4 Sec. 5-17. Payment of claims - Apportionment and
5 distribution of funds. At the regular meetings, the trustees
6 shall appropriate and pay from the income of the permanent
7 township fund, if it is sufficient, all valid claims for the
8 following:
9 1. The compensation of the treasurer.
10 2. The cost of publishing the annual statement.
11 3. The cost of a record book, if any.
12 4. The cost of dividing school lands and making
13 plats.
14 If the income of the permanent township fund is not
15 sufficient to meet such items the additional amount needed
16 may be taken from the total of other funds subject to
17 distribution, each district -- exclusive of any district
18 which has withdrawn from the jurisdiction and authority of
19 the trustees of schools of the township and which has elected
20 or appointed its own school treasurer as provided in
21 subsection (b) of Section 5-1 -- being charged as its share
22 of such items the proportion which the amount of school funds
23 of the district handled by the township treasurer bears to
24 the total amount of all school funds handled by such
25 treasurer.
26 In Class II county school units (excluding therefrom,
27 however, any township therein in which the offices of
28 township treasurer and trustee of schools have been abolished
29 as provided in subsection (c) of Section 5-1) if any balance
30 of the income from the permanent township fund in any
31 township remains after paying such items, such balance shall
32 be apportioned and distributed to the districts and parts of
33 districts in the township -- including any district which has
-179- LRB9001778DNmb
1 withdrawn from the jurisdiction and authority of the trustees
2 of schools of the township and which has elected or appointed
3 its own school treasurer as provided in subsection (b) of
4 Section 5-1 -- in which schools have been kept as required by
5 law during the preceding year ending June 30, according to
6 the number of pupils in average daily attendance in grades
7 one to eight inclusive as reported in schedules prepared
8 under Section 24-19. At the semi-annual meetings in all such
9 townships all remaining funds subject to distribution shall
10 be apportioned and distributed to the districts and parts of
11 districts in the township in which schools have been kept as
12 required by law during the preceding year ending June 30, in
13 the manner and subject to the limitations prescribed in
14 Sections 18-2 through 18-11 for the distribution of the
15 common school fund among the counties, provided that --
16 except for any balance of the income from the permanent
17 township fund remaining after payment of the items set forth
18 in subparagraphs 1, 2, 3 and 4 of this Section -- no funds
19 shall be apportioned or distributed to any school district
20 which has withdrawn from the jurisdiction and authority of
21 the trustees of schools and appointed its own school
22 treasurer pursuant to Section 5-1; and the trustees shall
23 direct the treasurer to make a regular monthly apportionment
24 and distribution between semi-annual meetings, in the manner
25 prescribed by those sections, of any available funds on hand
26 from the common school fund. The funds distributed shall be
27 credited to the respective districts and parts of districts.
28 In Class I county school units and in any township
29 forming a part of a Class II county school unit in which
30 township the offices of township treasurer and trustee of
31 schools have been abolished as provided in subsection (c) of
32 Section 5-1, if any balance of income from the permanent
33 township fund in any township remains after paying such
34 items, such balance or a part thereof equal to but not
-180- LRB9001778DNmb
1 greater than the then current tax levy or tax levies for
2 common school purposes by all the school districts or parts
3 of school districts in said township on property in said
4 township in process of collection in the county wherein the
5 township having such fund is located, shall, upon an order
6 drawn by the treasurer and signed by the president and
7 secretary of the township land commissioners or regional
8 board of school trustees, be paid annually on or before
9 February 1 to the County Treasurer of the county in which
10 such township is situated. It shall then be the duty of the
11 County Treasurer to apply and credit the sum so received upon
12 all tax bills for school purposes of the taxpayers in the
13 township, said sum to be applied and credited proportionately
14 upon the basis of the value of assessed property represented
15 by each such tax bill. Any sum received by the County
16 Treasurer in excess of the amount required to discharge in
17 full the amount of all taxes for school purposes so extended
18 against taxable property within the township shall be held by
19 the County Treasurer and applied to taxes subsequently
20 extended for such purposes: Provided, that if a petition,
21 signed by at least 5% of the legal voters of the township, is
22 presented to the regional superintendent of schools of the
23 educational service region in which the township is located
24 requesting a vote on the proposition that such balance of the
25 income from the permanent township fund shall be apportioned
26 and distributed to the districts and parts of districts in
27 the township in which schools have been kept as required by
28 law during the preceding year ending June 30, according to
29 the number of pupils in average daily attendance in grades
30 one to eight, inclusive, as reported in schedules prepared
31 pursuant to Section 24-19 upon an order drawn by the
32 treasurer and signed by the president and secretary of the
33 township land commissioners or regional board of school
34 trustees, to be paid annually on or before February 1, the
-181- LRB9001778DNmb
1 regional superintendent of schools shall certify to the
2 proper election authority the proposition for submission to
3 the voters of the township in accordance with the general
4 election law. The treasurer shall cause a copy of the order
5 to be published in one or more newspapers published in the
6 county school unit within 10 days after the order is drawn.
7 If no newspaper is published in the county school unit, the
8 order shall be published in a newspaper having general
9 circulation within the county school unit. The publication of
10 the order shall include a notice of (1) the specific number
11 of voters required to sign a petition requesting that the
12 proposition to apportion and distribute to the several school
13 districts the excess of the income from the permanent
14 township fund be submitted to the voters of the township; (2)
15 the time within which the petition must be filed; and (3) the
16 date of the prospective referendum. The treasurer shall
17 provide a petition form to any individual requesting one. If
18 the proposition receives a majority of the votes cast
19 thereon, it shall supersede the preceding provisions for the
20 distribution of such balance.
21 Notwithstanding any other provision of this Section, on
22 and after the effective date of this amendatory Act of 1997,
23 every publication of an order under this Section and every
24 petition filed under this Section must comply with the
25 provisions of this paragraph. The publication shall include
26 a notice of (i) the specific number of voters required to
27 sign a petition requesting the submission of the question to
28 the electors, (ii) the time within which the petition must be
29 filed, and (iii) the date of the prospective referendum. The
30 publication also must include a general description of the
31 boundaries of the township, using easily recognized
32 descriptions. The petition must be signed by voters equal in
33 number to 5% of the total number of voters in the township
34 who voted at the last preceding general election at which
-182- LRB9001778DNmb
1 electors of the President and Vice-President of the United
2 States were elected. The petition must be filed within 30
3 days after the publication.
4 (Source: P.A. 86-1253; 86-1441; 87-435; 87-473.)
5 (105 ILCS 5/12-13) (from Ch. 122, par. 12-13)
6 Sec. 12-13. Bond issue - Resolution - Election. If there
7 has been a delay in the extension and collection of taxes
8 levied by the governing body of any nonhigh school district
9 caused by a reassessment of real property therein, the
10 district may issue bonds for the purpose of paying unpaid
11 tuition claims or other claims against it.
12 Before any nonhigh school district issues any such bonds
13 the board of education shall examine and consider the claims
14 proposed to be paid, and if it appears that they were
15 authorized and allowed for proper nonhigh school purposes, it
16 shall adopt a resolution so declaring and set forth and
17 describe in detail such claims. The adoption of the
18 resolution shall establish the validity thereof. The
19 resolution shall also declare the intention of the nonhigh
20 school district to issue bonds for the purpose of paying such
21 claims and direct that notice of such intention be published
22 at least once in a newspaper published and having a general
23 circulation in the district, if there be one, but if there is
24 no newspaper published in such district then by publishing
25 such notice in a newspaper having a general circulation in
26 the district or if no newspaper is published in the district
27 in one or more newspapers with a general circulation in the
28 district. The notice shall include a statement of (1) the
29 specific number of voters required to sign a petition
30 requesting that the question of the adoption of the
31 resolution be submitted to the electors of the district; (2)
32 the time in which the petition must be filed; and (3) the
33 date of the prospective referendum. The recording officer of
-183- LRB9001778DNmb
1 the district shall provide a petition form to any individual
2 requesting one. If within 30 days after the publication a
3 petition is filed with the recording officer of the district,
4 signed by voters of the district equal to 10% or more of the
5 registered voters of the district, requesting that the
6 proposition to issue the bonds be submitted to the voters
7 thereof, then such district shall not be authorized to issue
8 them until either the petition has been determined to be
9 invalid or insufficient or the proposition has been submitted
10 to and approved by a majority of the voters voting on the
11 proposition at a regular scheduled election. The board shall
12 certify the proposition to the proper election authorities
13 for submission in accordance with the general election law.
14 If no such petition is filed, or if any and all petitions
15 filed are invalid, such district may issue the bonds. In
16 addition to the requirements of the general election law the
17 notice of the election shall set forth the intention of the
18 district to issue bonds under the provisions of this Section.
19 Notwithstanding any other provision of this Section, on
20 and after the effective date of this amendatory Act of 1997,
21 every publication of a resolution under this Section and
22 every petition filed under this Section must comply with the
23 provisions of this paragraph. The publication shall include
24 a notice of (i) the specific number of voters required to
25 sign a petition requesting the submission of the question to
26 the electors, (ii) the time within which the petition must be
27 filed, and (iii) the date of the prospective referendum. The
28 publication also must include a general description of the
29 boundaries of the district, using easily recognized
30 descriptions. The petition must be signed by voters equal in
31 number to 5% of the total number of voters in the district
32 who voted at the last preceding general election at which
33 electors of the President and Vice-President of the United
34 States were elected. The petition must be filed within 30
-184- LRB9001778DNmb
1 days after the publication.
2 The ballot to be used at the election shall be in
3 substantially the following form:
4 OFFICIAL BALLOT
5 -------------------------------------------------------------
6 Shall the Board of Education
7 of Nonhigh School District No. YES
8 ....,.... County, Illinois, be ----------------------
9 authorized to issue bonds as authorized NO
10 by Sec. 12-13 of the School Code?
11 -------------------------------------------------------------
12 (Source: P.A. 87-767.)
13 (105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
14 Sec. 17-2.2. Back door referendum. Whenever any school
15 district first levies a tax at a rate within the limit
16 prescribed by paragraph (3) of Section 17-2 but in excess of
17 the maximum permissible on July 9, 1957, or within the limit
18 prescribed by paragraph (1) or (2) of Section 17-2 but in
19 excess of the maximum permissible on June 30, 1965, or
20 whenever after August 3, 1989 any school district maintaining
21 only grades kindergarten through 8 first levies a tax for
22 transportation purposes for any school year which is within
23 the limit prescribed for that school year by paragraph (5) of
24 Section 17-2 but in excess of the maximum authorized to be
25 levied for such purposes for the 1988-89 school year, or
26 whenever after August 3, 1989 any school district first
27 levies a tax for operations and maintenance purposes for any
28 school year which is within the limit prescribed for that
29 school year by paragraph (3) of Section 17-2 but in excess of
30 the maximum authorized to be levied for such purposes for the
31 immediately preceding school year, the district shall cause
32 to be published such resolution in at least one or more
33 newspapers published in the district, within 10 days after
-185- LRB9001778DNmb
1 such levy is made. The publication of the resolution shall
2 include a notice of (1) the specific number of voters
3 required to sign a petition requesting that the question of
4 the adoption of the tax levy be submitted to the voters of
5 the district; (2) the time in which the petition must be
6 filed; and (3) the date of the prospective referendum. The
7 district Secretary shall provide a petition form to any
8 individual requesting one. Any taxpayer in such district
9 may, within 30 days after such levy is made, file with the
10 Secretary of the board of education a petition signed by the
11 voters of the district equal to 10% or more of the registered
12 voters of the district requesting the submission to a
13 referendum of the following proposition:
14 "Shall school district No..... be authorized to levy a
15 tax for (state purposes) in excess of.... but not to
16 exceed.... as authorized in Section 17-2 of the School Code?"
17 The secretary of the board of education shall certify the
18 proposition to the proper election authorities for submission
19 to the electorate at a regular scheduled election in
20 accordance with the general election law.
21 Notwithstanding any other provision of this Section, on
22 and after the effective date of this amendatory Act of 1997,
23 every publication of a resolution under this Section and
24 every petition filed under this Section must comply with the
25 provisions of this paragraph. The publication shall include
26 a notice of (i) the specific number of voters required to
27 sign a petition requesting the submission of the question to
28 the electors, (ii) the time within which the petition must be
29 filed, and (iii) the date of the prospective referendum. The
30 publication also must include a general description of the
31 boundaries of the district, using easily recognized
32 descriptions. The petition must be signed by voters equal in
33 number to 5% of the total number of voters in the district
34 who voted at the last preceding general election at which
-186- LRB9001778DNmb
1 electors of the President and Vice-President of the United
2 States were elected. The petition must be filed within 30
3 days after the publication.
4 If a majority of the voters voting on the proposition
5 vote in favor thereof, such increased tax shall thereafter be
6 authorized; if a majority of the vote is against such
7 proposition, the previous maximum rate authorized shall
8 remain in effect until changed by law.
9 (Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)
10 (105 ILCS 5/17-2.2b) (from Ch. 122, par. 17-2.2b)
11 Sec. 17-2.2b. Tax for primary health care programs. The
12 school board of any district which prior to the effective
13 date of this amendatory Act of 1982 had contracted for health
14 care services with a non-profit corporation may, by proper
15 resolution after the effective date of this amendatory Act of
16 1982, levy an annual tax, in addition to any other taxes and
17 not subject to the limitations specified elsewhere in this
18 Article, not to exceed .544% upon the value of the taxable
19 property as equalized or assessed by the Department of
20 Revenue, for not more than 4 years, for health care purposes.
21 Such tax may be levied upon condition that there are not
22 sufficient funds available in the operations and maintenance
23 fund of the district to pay the cost of the health care.
24 The revenue raised by such tax shall be used only for
25 maintenance of health care facilities and to provide primary
26 health care to students of such district, including health
27 education, general physical examinations and the treatment of
28 illness and injury.
29 Notice of the passage of a resolution pursuant to this
30 Section shall be given by the Secretary of the board of
31 education, by one publication within 5 days of such passage,
32 in a newspaper having a general circulation within such
33 district. The notice shall contain a clearly understandable
-187- LRB9001778DNmb
1 summary of the contents of the resolution and statement of
2 the procedure for submitting the resolution to a referendum.
3 The publication of the resolution shall include a notice of
4 (1) the specific number of voters required to sign a petition
5 requesting that the question of the adoption of the tax levy
6 be submitted to the voters of the district; (2) the time
7 within which the petition must be filed; and (3) the date of
8 the prospective referendum. The district Secretary shall
9 provide a petition form to any individual requesting one.
10 Any taxpayer in such district may, within 30 days after
11 notice has been published, file with the Secretary of the
12 board of education a petition signed by the voters of the
13 district equal to 10% or more of the registered voters of the
14 district requesting the submission to a referendum of the
15 following proposition:
16 "Shall school district No....... be authorized to levy a
17 tax for health care purposes not to exceed .544% as
18 authorized in Section 17-2.2b of the School Code?" The
19 Secretary of the board of education shall certify the
20 proposition to the proper election authorities for submission
21 to the electorate at a regular scheduled election in
22 accordance with the general election law.
23 Notwithstanding any other provision of this Section, on
24 and after the effective date of this amendatory Act of 1997,
25 every publication of a resolution under this Section and
26 every petition filed under this Section must comply with the
27 provisions of this paragraph. The publication shall include
28 a notice of (i) the specific number of voters required to
29 sign a petition requesting the submission of the question to
30 the electors, (ii) the time within which the petition must be
31 filed, and (iii) the date of the prospective referendum. The
32 publication also must include a general description of the
33 boundaries of the district, using easily recognized
34 descriptions. The petition must be signed by voters equal in
-188- LRB9001778DNmb
1 number to 5% of the total number of voters in the district
2 who voted at the last preceding general election at which
3 electors of the President and Vice-President of the United
4 States were elected. The petition must be filed within 30
5 days after the publication.
6 If a majority of the voters voting on the proposition
7 vote in favor thereof, such tax shall thereafter be
8 authorized; if a majority of the vote is against such
9 proposition, no such tax shall be levied.
10 (Source: P.A. 86-970; 86-1253; 87-767.)
11 (105 ILCS 5/19-9) (from Ch. 122, par. 19-9)
12 Sec. 19-9. Resolution to issue bonds - Submission to
13 voters. Before any district as described in Section 19-8
14 shall avail itself of the provisions of that section the
15 governing body thereof shall examine and consider the several
16 teachers' orders or claims, or both, proposed to be paid and
17 if it appears that they were authorized and allowed for
18 proper school purposes it shall adopt a resolution so
19 declaring and set forth and describe in detail such teachers'
20 orders and claims and the adoption of the resolution shall
21 establish the validity thereof, notwithstanding the amount of
22 such orders and claims may exceed in whole or in part any
23 applicable statutory debt limit in force at the time the
24 indebtedness evidenced by such orders and claims was
25 incurred. The resolution shall also declare the intention of
26 the district to issue bonds for the purpose of paying such
27 teachers' orders or claims, or both, and direct that notice
28 of such intention be published at least once in a newspaper
29 published within the district and if there be no newspaper
30 published within the district then notice shall be published
31 in a newspaper having general circulation within the
32 district. The notice shall set forth (1) the time within
33 which a petition may be filed requesting the submission of
-189- LRB9001778DNmb
1 the proposition to issue the bonds as hereinafter in this
2 Section provided; (2) the specific number of voters required
3 to sign the petition; and the date of the prospective
4 referendum. The recording officer of the district shall
5 provide a petition form to any individual requesting one. If
6 within 30 days after such publication of such notice a
7 petition is filed with the recording officer of the district,
8 signed by the voters of the district equal to 10% or more of
9 the registered voters of the district requesting that the
10 proposition to issue bonds as authorized by Section 19-8 be
11 submitted to the voters thereof, then the district shall not
12 be authorized to issue bonds as provided by Section 19-8
13 until the proposition has been submitted to and approved by a
14 majority of the voters voting on the proposition at a regular
15 scheduled election. The board shall certify the proposition
16 to the proper election authorities for submission in
17 accordance with the general election law. If no such petition
18 with the requisite number of signatures is filed within said
19 30 days, or if any and all petitions filed are invalid, then
20 the district shall thereafter be authorized to issue bonds
21 for the purposes and as provided in Section 19-8.
22 Notwithstanding any other provision of this Section, on
23 and after the effective date of this amendatory Act of 1997,
24 every publication of a resolution under this Section and
25 every petition filed under this Section must comply with the
26 provisions of this paragraph. The publication shall include
27 a notice of (i) the specific number of voters required to
28 sign a petition requesting the submission of the question to
29 the electors, (ii) the time within which the petition must be
30 filed, and (iii) the date of the prospective referendum. The
31 publication also must include a general description of the
32 boundaries of the district, using easily recognized
33 descriptions. The petition must be signed by voters equal in
34 number to 5% of the total number of voters in the district
-190- LRB9001778DNmb
1 who voted at the last preceding general election at which
2 electors of the President and Vice-President of the United
3 States were elected. The petition must be filed within 30
4 days after the publication.
5 (Source: P.A. 87-767.)
6 (105 ILCS 5/20-7) (from Ch. 122, par. 20-7)
7 Sec. 20-7. Resolution for issuance of bonds - Submission
8 to voters - Ballot. No school district may issue bonds under
9 this Article unless it adopts a resolution declaring its
10 intention to issue bonds for the purpose therein provided and
11 directs that notice of such intention be published at least
12 once in a newspaper published and having a general
13 circulation in the district, if there be one, but if there is
14 no newspaper published in such district then by publishing
15 such notice in a newspaper having a general circulation in
16 the district. The notice shall set forth (1) the intention
17 of the district to issue bonds in accordance with this
18 Article; (2) the time within which a petition may be filed
19 requesting the submission of the proposition to issue the
20 bonds; (3) the specific number of voters required to sign the
21 petition; and (4) the date of the prospective referendum. At
22 the time of publication of the notice and for 30 days
23 thereafter, the recording officer of the district shall
24 provide a petition form to any individual requesting one. If
25 within 30 days after the publication a petition is filed with
26 the recording officer of the district, signed by the voters
27 of the district equal to 10% or more of the registered voters
28 of the district requesting that the proposition to issue
29 bonds as authorized by this Article be submitted to the
30 voters thereof, then the district shall not be authorized to
31 issue such bonds until the proposition has been certified to
32 the proper election authorities and has been submitted to and
33 approved by a majority of the voters voting on the
-191- LRB9001778DNmb
1 proposition at a regular scheduled election in accordance
2 with the general election law. If no such petition is so
3 filed, or if any and all petitions filed are invalid, the
4 district may issue the bonds. In addition to the requirements
5 of the general election law the notice of the election shall
6 set forth the intention of the district to issue bonds under
7 this Article.
8 Notwithstanding any other provision of this Section, on
9 and after the effective date of this amendatory Act of 1997,
10 every publication of a resolution under this Section and
11 every petition filed under this Section must comply with the
12 provisions of this paragraph. The publication shall include
13 a notice of (i) the specific number of voters required to
14 sign a petition requesting the submission of the question to
15 the electors, (ii) the time within which the petition must be
16 filed, and (iii) the date of the prospective referendum. The
17 publication also must include a general description of the
18 boundaries of the district, using easily recognized
19 descriptions. The petition must be signed by voters equal in
20 number to 5% of the total number of voters in the district
21 who voted at the last preceding general election at which
22 electors of the President and Vice-President of the United
23 States were elected. The petition must be filed within 30
24 days after the publication.
25 The proposition shall be in substantially the following
26 form:
27 OFFICIAL BALLOT
28 -------------------------------------------------------------
29 Shall the board of....
30 of School district number.... YES
31 County, Illinois, be authorized
32 to issue bonds for a working --------------------------
33 cash fund as provided for
34 by Article 20 of the NO
-192- LRB9001778DNmb
1 School Code?
2 -------------------------------------------------------------
3 (Source: P.A. 87-767.)
4 (105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
5 Sec. 32-4.4. Publication - Referendum on petition. Within
6 10 days after this resolution has been adopted by the board
7 of inspectors it shall be published at least once in 1 or
8 more newspapers published in the school district, or if no
9 newspaper is published in such school district, then in 1 or
10 more newspapers with a general circulation therein. The
11 publication of the resolution shall include a notice of (1)
12 the specific number of voters required to sign a petition
13 requesting that the question of the adoption of the
14 resolution be submitted to the electors of the school
15 district; (2) the time in which such petition must be filed;
16 and (3) the date of the prospective referendum. The secretary
17 of the Board of inspectors shall provide a petition form to
18 any individual requesting one. If no petition is filed with
19 the secretary of the board of inspectors as hereinafter
20 provided in this Section within 30 days after the publication
21 of the resolution, or if any and all petition filed are
22 invalid, the resolution shall be in effect immediately upon
23 the expiration of that 30 day period. But if within that 30
24 day period a petition is filed with the secretary, signed by
25 voters residing within the school district equal to 10% or
26 more of the number of registered voters in the district,
27 asking that the question of issuing revenue bonds as provided
28 in said resolution be submitted to the voters of the school
29 district, the board of inspectors of the school district
30 shall certify the proposition of issuing revenue bonds as
31 described in said resolution to the proper election
32 authorities for submission to the electors in accordance with
33 the general election law. If a majority of the voters voting
-193- LRB9001778DNmb
1 upon the question voted in favor of the issuance of said
2 revenue bonds, then the resolution shall be in effect, but if
3 a majority of the voters voting upon the question are not in
4 favor thereof, the resolution shall not take effect.
5 Notwithstanding any other provision of this Section, on
6 and after the effective date of this amendatory Act of 1997,
7 every publication of a resolution under this Section and
8 every petition filed under this Section must comply with the
9 provisions of this paragraph. The publication shall include
10 a notice of (i) the specific number of voters required to
11 sign a petition requesting the submission of the question to
12 the electors, (ii) the time within which the petition must be
13 filed, and (iii) the date of the prospective referendum. The
14 publication also must include a general description of the
15 boundaries of the district, using easily recognized
16 descriptions. The petition must be signed by voters equal in
17 number to 5% of the total number of voters in the district
18 who voted at the last preceding general election at which
19 electors of the President and Vice-President of the United
20 States were elected. The petition must be filed within 30
21 days after the publication.
22 (Source: P.A. 87-767.)
23 Section 150. The Public Community College Act is amended
24 by changing Sections 3-14.2, 3-14.3, 3A-2, 3A-7, and 6-7.4 as
25 follows:
26 (110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
27 Sec. 3-14.2. In addition to any other tax levies
28 authorized by law, the board of a community college district
29 (1) whose boundaries are entirely within a county with a
30 population in excess of 2 million persons and (2) which was
31 organized as a public junior college prior to October 1,
32 1973, and (3) whose existence was validated by an Act filed
-194- LRB9001778DNmb
1 with the Secretary of State on May 31, 1937, may levy an
2 additional tax upon the taxable property of the district in
3 any year in which the State Board issues a certificate of
4 eligibility to do so. The additional tax may be used to
5 increase the total taxing authority of the district to the
6 rate of 23.54 cents per $100 of equalized assessed value for
7 educational and operations, building and maintenance
8 purposes.
9 In order to be eligible to levy the additional tax as
10 provided herein, the district shall have been eligible to
11 receive equalization grants pursuant to Section 102-16 for
12 each of the five fiscal years in the period 1984 to 1988.
13 The additional amount certified by the State Board to be
14 levied shall not exceed the combined increases in the
15 educational and operations, building and maintenance purposes
16 funds authorized in Section 3-14. The State Board shall
17 notify the board of trustees of the community college
18 district of its eligibility to levy additional taxes as
19 authorized in this Section and the amount of such levy, by
20 November 1, 1988.
21 A resolution, adopted pursuant to the provisions of the
22 Open Meetings Act, which expresses the district's intent to
23 levy such a tax, or a portion thereof, when accompanied by
24 the State Board certificate of eligibility, shall be the
25 authority for the county clerk or clerks to extend such a
26 tax. The district board shall cause a copy of the resolution
27 to be published in one or more newspapers published in the
28 district within 10 days after such levy is made. If no
29 newspaper is published in the district, the resolution shall
30 be published in a newspaper having general circulation within
31 the district. The publication of the resolution shall include
32 a notice of (1) the specific number of voters required to
33 sign a petition requesting that the question of the adoption
34 of the tax levy be submitted to the voters of the district;
-195- LRB9001778DNmb
1 (2) the time within which the petition must be filed; and (3)
2 the date of the prospective referendum. The district
3 secretary shall provide a petition form to any individual
4 requesting one.
5 If within 30 days of the adoption of such additional
6 levy, a petition is filed with the secretary of the board of
7 trustees, signed by not less than 10% of the voters of the
8 district, requesting that the proposition to levy such
9 additional taxes as authorized by this Section be submitted
10 to the voters of the district, then the district shall not be
11 authorized to levy such additional taxes as permitted by this
12 Section until the proposition has been submitted to and
13 approved by a majority of the voters voting on the
14 proposition at a regularly scheduled election in the manner
15 provided in the general election law. The secretary shall
16 certify the proposition to the proper election authority for
17 submission to the voters. If no such petition with the
18 requisite number of signatures and which is otherwise valid
19 is filed within such 30 day period, then the district shall
20 thereafter be authorized to levy such additional taxes as
21 provided and for the purposes expressed in this Section.
22 Notwithstanding any other provision of this Section, on
23 and after the effective date of this amendatory Act of 1997,
24 every publication of a resolution under this Section and
25 every petition filed under this Section must comply with the
26 provisions of this paragraph. The publication shall include
27 a notice of (i) the specific number of voters required to
28 sign a petition requesting the submission of the question to
29 the electors, (ii) the time within which the petition must be
30 filed, and (iii) the date of the prospective referendum. The
31 publication also must include a general description of the
32 boundaries of the district, using easily recognized
33 descriptions. The petition must be signed by voters equal in
34 number to 5% of the total number of voters in the district
-196- LRB9001778DNmb
1 who voted at the last preceding general election at which
2 electors of the President and Vice-President of the United
3 States were elected. The petition must be filed within 30
4 days after the publication.
5 (Source: P.A. 85-1150; 86-1253.)
6 (110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
7 Sec. 3-14.3. In addition to any other tax levies
8 authorized by law, the board of a community college district
9 may levy an additional tax upon the taxable property of the
10 district in any year in which the State Board issues a
11 certificate of eligibility to do so. The additional tax may
12 be used to increase the total taxing authority of the
13 district to the most recently reported statewide average
14 actual levy rate in cents per $100 of equalized assessed
15 value for educational and operations and maintenance purposes
16 as certified by the State Board.
17 In order to be eligible to levy the additional tax as
18 provided herein, the district shall have been eligible to
19 receive equalization grants pursuant to Section 2-16 or
20 2-16.02, as the case may be, in the year of eligibility
21 certification or in the previous fiscal year.
22 The additional amount certified by the State Board to be
23 levied shall not exceed the combined increases in the
24 educational and operations and maintenance purposes funds
25 authorized in Section 3-14. The State Board shall notify the
26 board of trustees of the community college district of its
27 eligibility to levy additional taxes as authorized in this
28 Section and the amount of such levy, by November 1 of each
29 year.
30 A resolution, adopted annually pursuant to the provisions
31 of the Open Meetings Act, which expresses the district's
32 intent to levy such a tax, or a portion thereof, when
33 accompanied by the State Board certificate of eligibility,
-197- LRB9001778DNmb
1 shall be the authority for the county clerk or clerks to
2 extend such a tax. Within 10 days after adoption of such
3 resolution, the district shall cause to be published the
4 resolution in at least one or more newspapers published in
5 the district. The publication of the resolution shall
6 include a notice of (1) the specific number of voters
7 required to sign a petition requesting that the proposition
8 of the adoption of the resolution be submitted to the voters
9 of the district; (2) the time in which the petition must be
10 filed; and (3) the date of the prospective referendum. The
11 secretary shall provide a petition form to any individual
12 requesting one.
13 If within 30 days of the annual adoption of such
14 additional levy, a petition is filed with the secretary of
15 the board of trustees, signed by not less than 10% of the
16 registered voters of the district, requesting that the
17 proposition to levy such additional taxes as authorized by
18 this Section be submitted to the voters of the district, then
19 the district shall not be authorized to levy such additional
20 taxes as permitted by this Section until the proposition has
21 been submitted to and approved by a majority of the voters
22 voting on the proposition at a regularly scheduled election
23 in the manner provided in the general election law.
24 Notwithstanding any other provision of this Section, on
25 and after the effective date of this amendatory Act of 1997,
26 every publication or posting of an ordinance under this
27 Section and every petition filed under this Section must
28 comply with the provisions of this paragraph. The
29 publication or posting shall include a notice of (i) the
30 specific number of voters required to sign a petition
31 requesting the submission of the question to the electors,
32 (ii) the time within which the petition must be filed, and
33 (iii) the date of the prospective referendum. The
34 publication or posting also must include a general
-198- LRB9001778DNmb
1 description of the boundaries of the district, using easily
2 recognized descriptions. The petition must be signed by
3 voters equal in number to 5% of the total number of voters in
4 the district who voted at the last preceding general election
5 at which electors of the President and Vice-President of the
6 United States were elected. The petition must be filed
7 within 30 days after the publication or posting.
8 The secretary shall certify the proposition to the proper
9 election authority for submission to the voters. If no such
10 petition with the requisite number of signatures and which is
11 otherwise valid is filed within such 30 day period, then the
12 district shall be authorized to levy such additional taxes as
13 provided for the purposes expressed in this Section.
14 (Source: P.A. 86-360; 87-1018.)
15 (110 ILCS 805/3A-2) (from Ch. 122, par. 103A-2)
16 Sec. 3A-2. Where bonds are issued by any community
17 college district under Sections 3A-1 through 3A-4, and before
18 any contract is let for the construction of buildings or
19 improvements in accordance therewith the district boundaries
20 are changed by the formation of a new district including all
21 or a part of such district, or by the annexation of a
22 district in its entirety to another district, then upon the
23 adoption of a resolution by the board of the new district or
24 the district to which the territory has been annexed, that
25 the building or improvements are no longer feasible, the
26 board shall order a referendum in the manner provided in the
27 general election law to vote on the proposition of
28 authorizing the board to use the proceeds of such bonds or
29 the portion thereof allotted to the new district or district
30 to which such territory is annexed for a specific new
31 building or improvement in some locality of the district
32 other than the one specified at the previous referendum, or
33 for a different improvement, or for a part of the original
-199- LRB9001778DNmb
1 improvements. In case a new district has been formed, no such
2 referendum shall be held unless the new district embraces
3 territory having as much or more assessed valuation as the
4 territory embraced in the district at the first referendum.
5 Where bonds are issued by any district under Sections
6 3A-1 through 3A-4, and it is determined by the board by
7 resolution that it is in the interests of the district that
8 part or all of the proceeds of the bonds be used for
9 different purposes than authorized but for purposes for which
10 bonds may be issued under Sections 3A-1 through 3A-4, the
11 board shall order a referendum in the manner provided in the
12 general election law to vote on the proposition of
13 authorizing the board to use the proceeds of such bonds or a
14 part thereof for the purposes set forth in such resolution.
15 The board shall certify the proposition to the proper
16 election authorities for submission to the electors. If a
17 majority of all the votes cast on such proposition is in
18 favor the board shall have such authority.
19 Notwithstanding any provision of this Section to the
20 contrary, when bonds are issued by any district under
21 Sections 3A-1 through 3A-4 and the purposes for which such
22 bonds have been issued have been accomplished and paid for in
23 full and there remains funds on hand in such bond and
24 interest account, the board by resolution may transfer such
25 excess to the fund of the district which bears the nearest
26 relation to the purpose for which the bonds from which such
27 excess funds arose were issued.
28 Notwithstanding any provision of this Section to the
29 contrary, when bonds have been issued by a district under
30 Sections 3A-1 through 3A-4 and the board of trustees of the
31 district has determined that a site acquired with the
32 proceeds of such bond issue without the use of State funds
33 has become unnecessary, unsuitable or inconvenient for
34 community college purposes and has sold such site in
-200- LRB9001778DNmb
1 accordance with the provisions of Section 3-41 of this Act,
2 the board shall first use the proceeds from the sale of such
3 site to pay the portion of the principal originally expended
4 to purchase such site, together with the interest thereon,
5 and may use the remaining proceeds from such sale for the
6 purpose for which the bonds were issued or to retire other
7 bonds of the same issue. Such remaining proceeds may also be
8 used for any other authorized purpose designated in a
9 resolution approved by not less than 5 members of the board
10 of trustees. The board of trustees shall cause notice of any
11 such resolution and of the right to petition for an election
12 under this Section to be published within 10 days after the
13 adoption of the resolution in a newspaper having a general
14 circulation in the district. The publication of the
15 resolution shall include a notice of (1) the specific number
16 of voters required to sign a petition requesting that the
17 question of the other authorized use of the remaining
18 proceeds be submitted to the voters of the district; (2) the
19 time within which the petition must be filed; and (3) the
20 date of the prospective referendum. The district secretary
21 shall provide a petition form to any individual requesting
22 one. If 10% or 1000, whichever is less, of the resident
23 voters of the district sign and file a petition with the
24 board, not more than 30 days after the resolution of the
25 board is adopted, requesting that the question of such other
26 authorized use designated in the resolution of the remaining
27 proceeds be submitted to the voters of the community college
28 district, the board shall call an election upon such
29 question, to be held not less than 30 days nor more than 60
30 days after the filing of the petition and to be conducted as
31 provided in Article III. The remaining proceeds may be used
32 for the designated purpose only if a majority of those voting
33 on the question approve such use.
34 Notwithstanding any other provision of this Section, on
-201- LRB9001778DNmb
1 and after the effective date of this amendatory Act of 1997,
2 every publication of a resolution under this Section and
3 every petition filed under this Section must comply with the
4 provisions of this paragraph. The publication shall include
5 a notice of (i) the specific number of voters required to
6 sign a petition requesting the submission of the question to
7 the electors, (ii) the time within which the petition must be
8 filed, and (iii) the date of the prospective referendum. The
9 publication also must include a general description of the
10 boundaries of the district, using easily recognized
11 descriptions. The petition must be signed by voters equal in
12 number to 5% of the total number of voters in the district
13 who voted at the last preceding general election at which
14 electors of the President and Vice-President of the United
15 States were elected. The petition must be filed within 30
16 days after the publication.
17 (Source: P.A. 86-1253.)
18 (110 ILCS 805/3A-7) (from Ch. 122, par. 103A-7)
19 Sec. 3A-7. Before any district as described in Section
20 3A-6 shall avail itself of the provisions of that Section the
21 board shall examine and consider the several teachers' orders
22 or claims, or both, proposed to be paid and if it appears
23 that they were authorized and allowed for proper community
24 college purposes it shall adopt a resolution so declaring and
25 set forth and describe in detail such teachers' orders and
26 claims and the adoption of the resolution shall establish the
27 validity thereof, notwithstanding the amount of such orders
28 and claims may exceed in whole or in part any applicable
29 statutory debt limit in force at the time the indebtedness
30 evidenced by such orders and claims was incurred. The
31 resolution shall also declare the intention of the district
32 to issue bonds for the purpose of paying such teachers'
33 orders or claims, or both, and direct that notice of such
-202- LRB9001778DNmb
1 intention be published at least once in a newspaper published
2 within the district and if there be no newspaper published
3 within the district then notice shall be published in a
4 newspaper having general circulation within the district.
5 The notice shall set forth (1) the specific number of voters
6 required to sign a petition requesting that the proposition
7 to issue bonds under this Section be submitted to the voters
8 of the district; (2) the time within which a petition must be
9 filed; and (3) the date of the prospective referendum. The
10 district secretary shall provide a petition form to any
11 individual requesting one. If within 30 days after such
12 publication of such notice a petition is filed with the
13 recording officer of the district, signed by the voters of
14 the district equal to 10% or more of the registered voters of
15 the district requesting that the proposition to issue bonds
16 as authorized by Section 3A-6 be submitted to the voters
17 thereof, then the district shall not be authorized to issue
18 bonds as provided by Section 3A-6 until the proposition has
19 been submitted to and approved by a majority of the voters
20 voting on the proposition at a regular scheduled election in
21 the manner provided in the general election law. The board
22 shall certify the proposition to the proper election
23 authorities for submission to the voters. If no such petition
24 with the requisite number of signatures is filed within said
25 30 days, or if any and all petitions filed are invalid, then
26 the district shall thereafter be authorized to issue bonds
27 for the purposes and as provided in Section 3A-6.
28 Notwithstanding any other provision of this Section, on
29 and after the effective date of this amendatory Act of 1997,
30 every publication of a resolution under this Section and
31 every petition filed under this Section must comply with the
32 provisions of this paragraph. The publication shall include
33 a notice of (i) the specific number of voters required to
34 sign a petition requesting the submission of the question to
-203- LRB9001778DNmb
1 the electors, (ii) the time within which the petition must be
2 filed, and (iii) the date of the prospective referendum. The
3 publication also must include a general description of the
4 boundaries of the district, using easily recognized
5 descriptions. The petition must be signed by voters equal in
6 number to 5% of the total number of voters in the district
7 who voted at the last preceding general election at which
8 electors of the President and Vice-President of the United
9 States were elected. The petition must be filed within 30
10 days after the publication.
11 (Source: P.A. 86-1253; 87-767.)
12 (110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
13 Sec. 6-7.4. Upon the receipt of a resolution filed under
14 paragraph (d) of Section 6-7 and duly adopted by the board of
15 education having jurisdiction over the high school or high
16 schools which serve the territory described in the
17 resolution, the State Board shall notify the board of the
18 community college district designated in the resolution of
19 the receipt of the resolution and shall cause to be published
20 once, in one or more newspapers having a general circulation
21 in the territory described in the resolution, a notice
22 stating that a resolution has been filed for certain
23 described territory, stating the prayer of that resolution
24 and that any person wishing to object to the prayer of that
25 resolution must file with the State Board within 30 days of
26 the publication date of the notice a petition signed by 10%
27 or 25, whichever is less, of the registered voters of that
28 territory requesting a public hearing on such resolution. In
29 the event that there are no registered voters in the
30 territory described in the resolution filed with the State
31 Board, then any petition requesting a public hearing shall be
32 signed by the owners of 25% or more of the real property of
33 that territory. If a petition requesting a public hearing on
-204- LRB9001778DNmb
1 the resolution is so filed, the State Board shall set that
2 resolution for hearing not sooner than 30 nor more than 90
3 days from the date on which the petition for public hearing
4 was filed and shall cause notice of the date, time and place
5 of the hearing to be published once in one or more newspapers
6 having a general circulation in the territory described in
7 the resolution and in the community college district
8 designated in the resolution. On such day, or on a day to
9 which the State Board continues that hearing, the State
10 Board, or a hearing officer appointed by it, shall hear the
11 resolution and determine its sufficiency under this Article
12 and may adjourn the hearing from time to time or continue the
13 matter for want of sufficient notice or for other good cause.
14 The State Board, or a hearing officer appointed by it, shall
15 hear any additional evidence as to the educational needs and
16 conditions of the territory described in the resolution and
17 in the area within and adjacent to such territory. If a
18 hearing officer is appointed, he shall report a summary of
19 the testimony to the State Board. At the hearing, any
20 resident of the territory described in the resolution, or any
21 district affected thereby, may appear in support of or
22 against the resolution. If, on the basis of its own study,
23 or at a public hearing, the State Board finds the resolution
24 to be insufficient, it shall disapprove the resolution. If,
25 on the basis of its own study, or at a public hearing, the
26 State Board finds the resolution to be sufficient, it shall
27 determine whether the prayer of the resolution is in the best
28 interests of the schools and colleges in the general area and
29 the educational welfare of the students residing within the
30 territory described in the resolution and shall either
31 approve or disapprove the resolution. If the prayer of the
32 resolution is determined to be in the best interests of the
33 schools and colleges in the general area and the educational
34 welfare of the students residing within the territory
-205- LRB9001778DNmb
1 described in the resolution, the State Board shall approve
2 the resolution. If the State Board disapproves the
3 resolution, no further action shall be taken.
4 If the State Board approves the resolution, and if no
5 public hearing has been held pursuant to this Section, the
6 State Board shall enter an order granting the prayer of the
7 resolution with the county clerk of each county which
8 contains territory described in the resolution and with the
9 board of the community college district affected. The order
10 by the State Board shall include a description of the
11 territory to be annexed and a map of each county affected,
12 showing the amended boundaries of all community college
13 districts in each county affected.
14 If the State Board approves the resolution, and if a
15 public hearing has been held pursuant to this Section, the
16 State Board shall cause to be published once in one or more
17 newspapers having a general circulation in the territory
18 described in the resolution, a notice stating that the prayer
19 of that resolution has been approved and that 1/10 or 25,
20 whichever is less, of the registered voters of the territory
21 described in the resolution may file with the State Board,
22 within 30 days of the publication of the notice, a petition
23 requesting that the question of the annexation of the
24 territory described in the resolution to the community
25 college district designated be submitted to the voters of
26 such territory and the date of the prospective referendum.
27 The Executive Secretary of the State Board shall provide a
28 petition form to any individual requesting one.
29 Notwithstanding any other provision of this Section, on
30 and after the effective date of this amendatory Act of 1997,
31 every publication or posting of a resolution under this
32 Section and every petition filed under this Section must
33 comply with the provisions of this paragraph. The
34 publication or posting shall include a notice of (i) the
-206- LRB9001778DNmb
1 specific number of voters required to sign a petition
2 requesting the submission of the question to the electors,
3 (ii) the time within which the petition must be filed, and
4 (iii) the date of the prospective referendum. The
5 publication or posting also must include a general
6 description of the boundaries of the territory, using easily
7 recognized descriptions. The petition must be signed by
8 voters equal in number to 5% of the total number of voters in
9 the territory who voted at the last preceding general
10 election at which electors of the President and
11 Vice-President of the United States were elected. The
12 petition must be filed within 30 days after the publication
13 or posting.
14 If such a petition is filed with the State Board, the
15 State Board shall direct the appropriate regional
16 superintendent, as determined in the manner provided in
17 Section 3-4 of this Act, to certify the proposition to the
18 proper election officials, who shall submit to the electorate
19 at a regular scheduled election in accordance with the
20 general election law the proposition presented by the
21 resolution in the territory described in the resolution. If
22 a majority of the votes cast on that proposition is in favor
23 of the proposition, the territory shall be annexed in
24 accordance with the prayer of the resolution. Within 30 days
25 after the referendum, the appropriate regional superintendent
26 shall make and file with the State Board, with the county
27 clerk of each county affected, and with the board of the
28 community college district affected, a map showing the
29 amended boundaries of the community college district to which
30 the territory described in the resolution has been annexed.
31 If no petition requesting a referendum on the proposition
32 presented by the resolution is filed with the State Board,
33 the State Board shall enter an order granting the prayer of
34 the resolution with the county clerk of each county which
-207- LRB9001778DNmb
1 contains territory described in the resolution and with the
2 board of the community college district affected. The order
3 by the State Board shall include a description of the
4 territory to be annexed and a map of each county affected,
5 showing the amended boundaries of all community college
6 districts in each county affected.
7 (Source: P.A. 82-1014.)
8 Section 155. The Illinois Highway Code is amended by
9 changing Sections 5-604.1, 6-508.1 and 10-708 as follows:
10 (605 ILCS 5/5-604.1) (from Ch. 121, par. 5-604.1)
11 Sec. 5-604.1. In any county not under township
12 organization, the county board may levy by ordinance, for a
13 period not exceeding 5 years, an annual tax at a rate not to
14 exceed .05% of the value, as equalized or assessed by the
15 Department of Revenue, of all taxable property in the county
16 for the purpose of constructing or maintaining gravel, rock,
17 macadam or other hard roads, or for improving, maintaining or
18 repairing earth roads by draining, grading, oil treating or
19 dragging. A notice of the passage of the ordinance, stating
20 that the ordinance was passed and stating (a) the particular
21 county highway or highways to be constructed, improved,
22 repaired or maintained, (b) the annual tax rate specified in
23 the ordinance, (c) the number of years specified in the
24 ordinance for the levy of the tax, (d) the specific number of
25 voters required to sign a petition requesting that the
26 question of the adoption of the ordinance be submitted to the
27 electors of the county, (e) the time in which the petition
28 must be filed, and (f) the date of the prospective
29 referendum, shall be published once in a paper having a
30 general circulation in the county. The county clerk shall
31 provide a petition form to any individual requesting one.
32 The ordinance takes effect 30 days after publication of
-208- LRB9001778DNmb
1 that notice unless within that time a petition, signed by the
2 registered voters of the county equal to 10% or more of the
3 registered voters in the county, is filed with the county
4 clerk requesting the submission to a referendum of the
5 question of whether to levy the tax provided for by this
6 Section. If no such petition is filed within that time, or if
7 all such petitions filed within that time are determined to
8 be invalid or insufficient, the county clerk shall extend the
9 tax levied by the county board for the number of years stated
10 in the ordinance and the proceeds of that tax shall be used
11 for the purpose or purposes stated in the ordinance.
12 Notwithstanding any other provision of this Section, on
13 and after the effective date of this amendatory Act of 1997,
14 every publication of an ordinance under this Section and
15 every petition filed under this Section must comply with the
16 provisions of this paragraph. The publication shall include
17 a notice of (i) the particular county highway or highways to
18 be constructed, improved, repaired, or maintained, (ii) the
19 annual tax rate specified in the ordinance, (iii) the number
20 of years specified in the ordinance for the levy of the tax,
21 (iv) the specific number of voters required to sign a
22 petition requesting the submission of the question to the
23 electors, (v) the time within which the petition must be
24 filed, and (vi) the date of the prospective referendum. The
25 petition must be signed by voters equal in number to 5% of
26 the total number of voters in the county who voted at the
27 last preceding general election at which electors of the
28 President and Vice-President of the United States were
29 elected. The petition must be filed within 30 days after the
30 publication.
31 If, however, such a petition is filed within that time,
32 the county clerk shall submit at the next general election
33 for county officers, or at a regular election, the question
34 of whether the tax provided for in this Section should be
-209- LRB9001778DNmb
1 levied. The county clerk shall give notice of the referendum
2 and shall submit the question in accordance with the general
3 election law. Both the petition and the notice of election
4 must designate (1) the particular county highway or highways
5 to be constructed, improved, repaired or maintained, (2) the
6 maximum annual rate per cent not exceeding .05% of the value,
7 as equalized or assessed by the Department of Revenue, at
8 which the tax may be extended, and (3) the number of years,
9 not exceeding 5 years, during which the tax may be levied.
10 The proposition shall be in substantially the following
11 form:
12 -------------------------------------------------------------
13 Shall a special tax YES
14 for highway purposes be ----------------------------
15 levied in.... County? NO
16 -------------------------------------------------------------
17 If a majority of all ballots cast on that question is in
18 favor of the tax levy, the county board shall levy and the
19 county clerk shall extend the tax for the number of years
20 stated in the petition and the proceeds of that tax shall be
21 used for the purpose or purposes stated in the petition.
22 (Source: P.A. 87-767.)
23 (605 ILCS 5/6-508.1) (from Ch. 121, par. 6-508.1)
24 Sec. 6-508.1. For the purpose of acquiring machinery and
25 equipment or for the purpose of acquiring, constructing, or
26 reconstructing buildings for housing machinery and equipment
27 used in the construction, repair, and maintenance of township
28 or district roads, or for both those purposes, the township
29 board of trustees or highway board of trustees, as the case
30 may be, or the highway commissioner in a county not under
31 township organization, after a favorable vote as provided in
32 this Section, may levy an annual tax of not to exceed .035%
33 of the value of all the taxable property in the road
-210- LRB9001778DNmb
1 district, as equalized or assessed by the Department of
2 Revenue. The tax shall be in addition to and in excess of all
3 other taxes and tax rates that may be levied or extended for
4 road purposes in a road district under any other Section of
5 this Code. Any tax levy authorized under this Section shall
6 be certified to and extended by the county clerk as a
7 separate tax to be known as the "equipment and building tax"
8 of the road district but shall not be extended at a rate in
9 excess of .035% of the value of the taxable property of the
10 district, as equalized or assessed by the Department of
11 Revenue. The maximum rate for these purposes may be increased
12 to .10% of the value of the taxable property of the district,
13 as equalized or assessed by the Department of Revenue,
14 however, when authorized by a referendum held in accordance
15 with the general election law.
16 In any county not under township organization, however,
17 the amount of the levy must first be approved by the county
18 board before the certification and extension.
19 The tax, when collected, shall constitute and be held by
20 the treasurer of the district as a separate fund to be known
21 as the "equipment and building fund" and shall be expended
22 only for the purpose or purposes for which it was levied.
23 The road district shall cause the ordinance or resolution
24 levying the tax to be published in one or more newspapers
25 published in the district within 10 days after the levy is
26 made. If no newspaper is published in the district, the
27 ordinance or resolution shall be published in a newspaper
28 having general circulation within the district. The
29 publication of the ordinance or resolution shall include a
30 notice of (i) the specific number of voters required to sign
31 a petition requesting that the question of the adoption of
32 the tax levy be submitted to the voters of the district; (ii)
33 the time within which the petition must be filed; and (iii)
34 the date of the prospective referendum. The district clerk
-211- LRB9001778DNmb
1 or secretary shall provide a petition form to any individual
2 requesting one. On the petition of 25 or more legal voters of
3 the road district to the district clerk, the clerk shall
4 order a referendum on the question of authorizing the levy
5 and extension of an annual tax under this Section at the next
6 annual town meeting or at an election in accordance with the
7 general election law.
8 Notwithstanding any other provision of this Section, on
9 and after the effective date of this amendatory Act of 1997,
10 every publication of an ordinance or resolution under this
11 Section and every petition filed under this Section must
12 comply with the provisions of this paragraph. The
13 publication shall include a notice of (i) the specific number
14 of voters required to sign a petition requesting the
15 submission of the question to the electors, (ii) the time
16 within which the petition must be filed, and (iii) the date
17 of the prospective referendum. The publication also must
18 include a general description of the boundaries of the road
19 district, using easily recognized descriptions. The petition
20 must be signed by voters equal in number to 5% of the total
21 number of voters in the road district who voted at the last
22 preceding general election at which electors of the President
23 and Vice-President of the United States were elected. The
24 petition must be filed within 30 days after the publication.
25 If the referendum is ordered to be held at the town
26 meeting, the district clerk shall give notice that at the
27 next annual town meeting the proposition shall be voted upon.
28 The notice shall set forth the proposition and shall be given
29 by publication in a newspaper of general circulation in the
30 township and by posting notices in at least 10 of the most
31 public places in the town at least 10 days before the annual
32 meeting. If the referendum is ordered to be held at an
33 election, the district clerk shall certify that proposition
34 to the proper election officials, who shall submit the
-212- LRB9001778DNmb
1 proposition in accordance with the general election law. If a
2 majority of the vote cast on the question is in favor of the
3 tax, then the township board of trustees or highway board of
4 trustees, as the case may be, or the highway commissioner in
5 a county not under township organization, may levy an annual
6 tax under this Section.
7 (Source: P.A. 86-709; 86-1028; 86-1253; 87-768.)
8 (605 ILCS 5/10-708) (from Ch. 121, par. 10-708)
9 Sec. 10-708. After the ordinance providing for the
10 issuance of refunding revenue bonds has been passed, it shall
11 be published in the same manner and form as is required for
12 other ordinances of the municipality. The ordinance shall
13 become effective 30 days after publication, which publication
14 shall include a notice of (1) the specific number of voters
15 required to sign a petition requesting that the question of
16 the adoption of the ordinance be submitted to the electors of
17 the municipality; (2) the time in which the petition must be
18 filed; and (3) the date of the prospective referendum, unless
19 within such period a petition is filed with the municipal
20 clerk, signed by electors of the district numbering 10% or
21 more of the number of registered voters in the district,
22 asking that the question of issuing such bonds be submitted
23 to the electors of the municipality. The municipal clerk
24 shall provide a petition form to any individual requesting
25 one. Upon the filing of such petition the municipal clerk
26 shall certify the proposition to the proper election
27 officials, who shall submit at an election such proposition
28 in the manner provided by the general election law. Such
29 referendum shall be held and notice given in accordance with
30 the general election law. If a majority of the electors
31 voting upon the proposition voted in favor of the issuance of
32 the bonds, the ordinance shall be in effect; but if a
33 majority of the votes cast are against the issuance of the
-213- LRB9001778DNmb
1 bonds, the ordinance shall not go into effect.
2 Notwithstanding any other provision of this Section, on
3 and after the effective date of this amendatory Act of 1997,
4 every publication of an ordinance under this Section and
5 every petition filed under this Section must comply with the
6 provisions of this paragraph. The publication shall include
7 a notice of (i) the specific number of voters required to
8 sign a petition requesting the submission of the question to
9 the electors, (ii) the time within which the petition must be
10 filed, and (iii) the date of the prospective referendum. The
11 publication also must include a general description of the
12 boundaries of the district, using easily recognized
13 descriptions. The petition must be signed by voters equal in
14 number to 5% of the total number of voters in the district
15 who voted at the last preceding general election at which
16 electors of the President and Vice-President of the United
17 States were elected. The petition must be filed within 30
18 days after the publication.
19 (Source: P.A. 87-767.)
-214- LRB9001778DNmb
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 220/3.6 from Ch. 127, par. 743.6
4 10 ILCS 5/28-2 from Ch. 46, par. 28-2
5 20 ILCS 620/8 from Ch. 67 1/2, par. 1008
6 30 ILCS 350/15 from Ch. 17, par. 6915
7 35 ILCS 200/18-120
8 55 ILCS 5/5-15006 from Ch. 34, par. 5-15006
9 55 ILCS 5/5-23023 from Ch. 34, par. 5-23023
10 55 ILCS 5/5-38008 from Ch. 34, par. 5-38008
11 55 ILCS 5/6-3003 from Ch. 34, par. 6-3003
12 55 ILCS 5/6-3007 from Ch. 34, par. 6-3007
13 55 ILCS 5/6-3012 from Ch. 34, par. 6-3012
14 55 ILCS 5/6-4007 from Ch. 34, par. 6-4007
15 55 ILCS 5/6-4008 from Ch. 34, par. 6-4008
16 55 ILCS 85/8 from Ch. 34, par. 7008
17 55 ILCS 90/55 from Ch. 34, par. 8055
18 55 ILCS 105/2 from Ch. 91 1/2, par. 202
19 60 ILCS 1/205-30
20 65 ILCS 5/11-7-3 from Ch. 24, par. 11-7-3
21 65 ILCS 5/11-29.1-2 from Ch. 24, par. 11-29.1-2
22 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
23 65 ILCS 5/11-74.6-30
24 65 ILCS 5/11-76.1-4 from Ch. 24, par. 11-76.1-4
25 65 ILCS 5/11-92-8 from Ch. 24, par. 11-92-8
26 65 ILCS 5/11-94-2 from Ch. 24, par. 11-94-2
27 65 ILCS 5/11-103-12 from Ch. 24, par. 11-103-12
28 65 ILCS 5/11-117-5 from Ch. 24, par. 11-117-5
29 65 ILCS 5/11-122-2 from Ch. 24, par. 11-122-2
30 65 ILCS 5/11-127-1 from Ch. 24, par. 11-127-1
31 65 ILCS 5/11-129-4 from Ch. 24, par. 11-129-4
32 65 ILCS 5/11-137-2 from Ch. 24, par. 11-137-2
33 65 ILCS 5/11-139-6 from Ch. 24, par. 11-139-6
34 65 ILCS 5/11-141-4 from Ch. 24, par. 11-141-4
-215- LRB9001778DNmb
1 65 ILCS 110/55
2 70 ILCS 5/17 from Ch. 15 1/2, par. 68.17
3 70 ILCS 5/17.3 from Ch. 15 1/2, par. 68.17c
4 70 ILCS 345/13(a) from Ch. 85, par. 1263a
5 70 ILCS 705/14 from Ch. 127 1/2, par. 34
6 70 ILCS 705/22 from Ch. 127 1/2, par. 38.5
7 70 ILCS 805/13.1 from Ch. 96 1/2, par. 6324
8 70 ILCS 905/21 from Ch. 111 1/2, par. 20.1
9 70 ILCS 910/25 from Ch. 23, par. 1275
10 70 ILCS 1005/10 from Ch. 111 1/2, par. 83
11 70 ILCS 1205/5-6 from Ch. 105, par. 5-6
12 70 ILCS 1205/5-9 from Ch. 105, par. 5-9
13 70 ILCS 1205/9-1a from Ch. 105, par. 9-1a
14 70 ILCS 1205/9.1-2 from Ch. 105, par. 9.1-2
15 70 ILCS 1205/9.2-2 from Ch. 105, par. 9.2-2
16 70 ILCS 1205/9.3-2 from Ch. 105, par. 9.3-2
17 70 ILCS 1205/11.1-7 from Ch. 105, par. 11.1-7
18 70 ILCS 1205/11.2-2 from Ch. 105, par. 11.2-2
19 70 ILCS 1290/2 from Ch. 105, par. 327
20 70 ILCS 2005/13 from Ch. 85, par. 6863
21 70 ILCS 2105/15.1 from Ch. 42, par. 398.1
22 70 ILCS 2105/26b from Ch. 42, par. 409b
23 70 ILCS 2405/16.4 from Ch. 42, par. 315.4
24 70 ILCS 2805/26d from Ch. 42, par. 437d
25 70 ILCS 2805/32f from Ch. 42, par. 443f
26 70 ILCS 3010/4 from Ch. 42, par. 319.4
27 75 ILCS 5/3-1 from Ch. 81, par. 3-1
28 75 ILCS 5/3-4 from Ch. 81, par. 3-4
29 75 ILCS 5/3-9 from Ch. 81, par. 3-9
30 75 ILCS 16/15-15
31 75 ILCS 16/15-20
32 75 ILCS 16/35-5
33 75 ILCS 16/35-35
34 105 ILCS 5/5-17 from Ch. 122, par. 5-17
-216- LRB9001778DNmb
1 105 ILCS 5/12-13 from Ch. 122, par. 12-13
2 105 ILCS 5/17-2.2 from Ch. 122, par. 17-2.2
3 105 ILCS 5/17-2.2b from Ch. 122, par. 17-2.2b
4 105 ILCS 5/19-9 from Ch. 122, par. 19-9
5 105 ILCS 5/20-7 from Ch. 122, par. 20-7
6 105 ILCS 5/32-4.4 from Ch. 122, par. 32-4.4
7 110 ILCS 805/3-14.2 from Ch. 122, par. 103-14.2
8 110 ILCS 805/3-14.3 from Ch. 122, par. 103-14.3
9 110 ILCS 805/3A-2 from Ch. 122, par. 103A-2
10 110 ILCS 805/3A-7 from Ch. 122, par. 103A-7
11 110 ILCS 805/6-7.4 from Ch. 122, par. 106-7.4
12 605 ILCS 5/5-604.1 from Ch. 121, par. 5-604.1
13 605 ILCS 5/6-508.1 from Ch. 121, par. 6-508.1
14 605 ILCS 5/10-708 from Ch. 121, par. 10-708