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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/6-10002
(55 ILCS 5/6-10002) (from Ch. 34, par. 6-10002)
Sec. 6-10002.
Ordinance.
The ordinance authorizing the refunding
bonds shall prescribe all details thereof and shall provide for the levy
and collection of a direct annual tax upon all the taxable property within
the county sufficient to pay the principal thereof and interest thereon as
it matures. This tax shall be in addition to and exclusive of the maximum
of all other taxes authorized to be levied by the county. Tax limitations
applicable to the county provided by statutes of this State shall not apply
to taxes levied for payment of these refunding bonds. However, taxes
provided to be levied for payment of refunding bonds of any county shall
not be in excess of the constitutional limitation of 75¢ per $100 valuation
unless that excess is authorized by a vote of the people of the county.
A certified copy of the bond ordinance shall be filed with the county
clerk of the county and shall constitute the authority for the extension
and collection of refunding bond and interest taxes as required by the
constitution.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10003
(55 ILCS 5/6-10003) (from Ch. 34, par. 6-10003)
Sec. 6-10003.
Exchange or sale of refunding bonds.
The refunding bonds may be exchanged for the bonds to be refunded
on the basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any. Instead of this
exchange, the refunding bonds may be sold at not less than their par value
and accrued interest. The proceeds received from their sale shall be used
to pay the bonds, interest coupons, and interest not represented by
coupons, if any. This payment may be made without any prior appropriation
therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10004
(55 ILCS 5/6-10004) (from Ch. 34, par. 6-10004)
Sec. 6-10004.
Form of refunding bonds; maturity.
The
refunding bonds shall be of such form and denomination, payable
at such place, bear such date, and be executed by such officials as may be
provided by the corporate authorities of the county in the bond ordinance.
They shall mature within not to exceed twenty years from their date, and
may be made callable on any interest payment date at par and accrued
interest after notice has been given at the time and in the manner provided
in the bond ordinance.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and if after setting aside a sum of money equal to the
amount of interest that will accrue on the refunding bonds, and a sum of
money equal to the amount of principal that will become due thereon, within
the next six months period, the treasurer and comptroller, if there is a
comptroller, of the county shall use the money available from the proceeds
of taxes levied for the payment of the refunding bonds in calling them for
payment, if, by their terms, they are subject to redemption. However, a
county may provide in the bond ordinance that, whenever the county is not
in default in payment of the principal of or interest upon the refunding
bonds and has set aside the sums of money provided in this paragraph for
interest accruing and principal maturing within the next six months period,
the money available from the proceeds of taxes levied for the payment of
refunding bonds shall be used, first, in the purchase of the refunding
bonds at the lowest price obtainable, but not to exceed their par value and
accrued interest, after sealed tenders for their purchase have been
advertised for as may be directed by the corporate authorities thereof.
Refunding bonds called for payment and paid or purchased under this
Section shall be marked paid and cancelled.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10005
(55 ILCS 5/6-10005) (from Ch. 34, par. 6-10005)
Sec. 6-10005.
Reduction of tax.
Whenever any refunding bonds are
purchased and cancelled, as provided in Section 6-10004, the taxes
thereafter to be extended for payment of the principal of and the interest
on the remainder of the issue shall be reduced in an amount equal to the
principal of and the interest that would have thereafter accrued upon the
refunding bonds so cancelled. A resolution shall be adopted by the
corporate authorities of the county finding these facts. A certified copy
of this resolution shall be filed with the county clerk, whereupon the
county clerk shall reduce and extend such tax levies in accordance therewith.
Whenever refunding bonds are issued, proper reduction of taxes,
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the treasurer and the comptroller, if there is a
comptroller, of the county, showing the bonds refunded and the tax to be
abated.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10006
(55 ILCS 5/6-10006) (from Ch. 34, par. 6-10006)
Sec. 6-10006.
Sinking fund.
Money which becomes available from taxes
that were levied for prior years for payment of bonds or interest coupons
that were paid or refunded before those taxes were collected, after payment
of all warrants that may have been issued in anticipation of these taxes,
shall be placed in the sinking fund account provided in this Section. It
shall be used to purchase, call for payment, or to pay at maturity
refunding bonds and interest thereon as herein provided.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the county. It shall be designated as the "Refunding Bond
and Interest Sinking Fund Account of ....." This fund shall be faithfully
applied to the purchase or payment of refunding bonds and the interest
thereon as provided in this Division.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the corporate authorities of the
county, the money may be invested by the treasurer and the comptroller, if
there is a comptroller, of the county, in bonds or other interest bearing
obligations of the United States or in bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing county. The corporate authorities may sell these securities
whenever necessary to obtain cash to meet bond and interest payments.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10007
(55 ILCS 5/6-10007) (from Ch. 34, par. 6-10007)
Sec. 6-10007.
Procedure by corporate authorities to effectuate
refunding plan. The corporate authorities of a county may take any action
that may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the county, the necessity of refunding its unpaid
bonds and readjusting the maturities thereof in order that sufficient taxes
may be collected to take care of these bonds, and thus re-establish the
credit of the county. The corporate authorities may enter into any
agreement required to prepare and carry out any refunding plan and, without
any previous appropriation therefor under any budget law, may incur and pay
expenditures that may be necessary in order to accomplish the refunding of
the bonds of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10008
(55 ILCS 5/6-10008) (from Ch. 34, par. 6-10008)
Sec. 6-10008.
Applicability.
This Division shall apply to
any county regardless of the law under which it is organized and operating,
and shall constitute complete authority for issuing refunding bonds as
herein provided without reference to other laws. This Division
shall be construed as conferring powers in addition to, but not as limiting
powers granted under other laws.
(Source: P.A. 86-962.)
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