[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_SB0373eng
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
SB373 Engrossed 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 Sections 3.1 and 3.6 as follows:
7 (5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
8 Sec. 3.1. (a) Any municipality or municipalities of this
9 State, any county or counties of this State, any township in
10 a county with a population under 700,000 of this State, any
11 public water district or districts of this State, or any
12 combination thereof may, by intergovernmental agreement,
13 establish a Municipal Joint Action Water Agency to provide
14 adequate supplies of water on an economical and efficient
15 basis for member municipalities, public water districts and
16 other incorporated and unincorporated areas within such
17 counties. For purposes of this Act, the water supply may only
18 be derived from Lake Michigan, or the Mississippi River, or
19 the Missouri River. Any such Agency shall itself be a
20 municipal corporation, public body politic and corporate. A
21 Municipal Joint Action Water Agency so created shall not
22 itself have taxing power except as hereinafter provided.
23 A Municipal Joint Action Water Agency shall be
24 established by an intergovernmental agreement among the
25 various member municipalities, public water districts,
26 townships, and counties, upon approval by an ordinance
27 adopted by the corporate authorities of each member
28 municipality, public water district, township, or county.
29 This agreement may be amended at any time upon the adoption
30 of concurring ordinances by the corporate authorities of all
31 member municipalities, public water districts, townships, and
SB373 Engrossed -2- LRB9001778DNmb
1 counties. The agreement may provide for additional
2 municipalities, public water districts, townships in counties
3 with a population under 700,000, or counties to join the
4 Agency upon adoption of an ordinance by the corporate
5 authorities of the joining municipality, public water
6 district, township, or county, and upon such consents,
7 conditions and approvals of the governing body of the
8 Municipal Joint Action Water Agency and of existing member
9 municipalities, public water districts, townships, and
10 counties as shall be provided in the agreement. The
11 agreement shall provide the manner and terms on which any
12 municipality, public water district, township, or county may
13 withdraw from membership in the Municipal Joint Action Water
14 Agency and on which the Agency may terminate and dissolve in
15 whole or in part. The agreement shall set forth the
16 corporate name of the Municipal Joint Action Water Agency and
17 its duration. Promptly upon any agreement establishing a
18 Municipal Joint Action Water Agency being entered into, or
19 upon the amending of any such agreement, a copy of such
20 agreement or amendment shall be filed in the office of the
21 Secretary of State of Illinois. Promptly upon the addition
22 or withdrawal of any municipality, public water district,
23 township in a county with a population under 700,000, or
24 county, or upon the dissolution of a Municipal Joint Action
25 Water Agency, that fact shall be certified by an officer of
26 the Agency to the Secretary of State of Illinois.
27 (b) The governing body of any Municipal Joint Action
28 Water Agency established pursuant to this Section 3.1 shall
29 be a Board of Directors. There shall be one Director from
30 each member municipality, public water district, township,
31 and county of the Municipal Joint Action Water Agency
32 appointed by ordinance of the corporate authorities of the
33 municipality, public water district, township, or county.
34 Each Director shall have one vote. Each Director shall be the
SB373 Engrossed -3- LRB9001778DNmb
1 Mayor or President of the member municipality, or the
2 chairman of the board of trustees of the member public water
3 district, the supervisor of the member township, or the
4 chairman of the county board or chief executive officer of
5 the member county or a county board member appointed by the
6 chairman of the county board of the member county, appointing
7 the Director; an elected member of the corporate authorities
8 of that municipality, public water district, township, or
9 county; or other elected official of the appointing
10 municipality, public water district, township, or county.
11 Any agreement establishing a Municipal Joint Action Water
12 Agency shall specify the period during which a Director shall
13 hold office and may provide for the appointment of Alternate
14 Directors from member municipalities, public water districts,
15 townships, or counties. The Board of Directors shall elect
16 one Director to serve as Chairman, and shall elect persons,
17 who need not be Directors, to such other offices as shall be
18 designated in the agreement.
19 The Board of Directors shall determine the general policy
20 of the Municipal Joint Action Water Agency, shall approve the
21 annual budget, shall make all appropriations (which may
22 include appropriations made at any time in addition to those
23 made in any annual appropriation document), shall approve all
24 contracts for the purchase or sale of water, shall adopt any
25 resolutions providing for the issuance of bonds or notes by
26 the Agency, shall adopt its by-laws, rules and regulations,
27 and shall have such other powers and duties as may be
28 prescribed in the agreement. Such agreement may further
29 specify those powers and actions of the Municipal Joint
30 Action Water Agency which shall be authorized only upon votes
31 of greater than a majority of all Directors or only upon
32 consents of the corporate authorities of a certain number of
33 member municipalities, public water districts, townships, or
34 counties.
SB373 Engrossed -4- LRB9001778DNmb
1 The agreement may provide for the establishment of an
2 Executive Committee to consist of the municipal manager or
3 other elected or appointed official of each member
4 municipality, public water district, township, or county, as
5 designated by ordinance from time to time by the corporate
6 authorities of the member municipality, public water
7 district, township, or county, and may prescribe powers and
8 duties of the Executive Committee for the efficient
9 administration of the Agency.
10 (c) A Municipal Joint Action Water Agency established
11 pursuant to this Section 3.1 may plan, construct, improve,
12 extend, acquire, finance (including the issuance of revenue
13 bonds or notes as provided in this Section 3.1), operate,
14 maintain, and contract for a joint waterworks or water supply
15 system which may include, or may consist of, without
16 limitation, facilities for receiving, storing, and
17 transmitting water from any source for supplying water to
18 member municipalities, public water districts, townships, or
19 counties (including county special service areas created
20 under the Special Service Area Tax Act and county service
21 areas authorized under the Counties Code), or other public
22 agencies, persons, or corporations. Facilities of the
23 Municipal Joint Action Water Agency may be located within or
24 without the corporate limits of any member municipality.
25 A Municipal Joint Action Water Agency shall have such
26 powers as shall be provided in the agreement establishing it,
27 which may include, but need not be limited to, the following
28 powers:
29 (i) to sue or be sued;
30 (ii) to apply for and accept gifts or grants or
31 loans of funds or property or financial or other aid from
32 any public agency or private entity;
33 (iii) to acquire, hold, sell, lease as lessor or
34 lessee, transfer or dispose of such real or personal
SB373 Engrossed -5- LRB9001778DNmb
1 property, or interests therein, as it deems appropriate
2 in the exercise of its powers, and to provide for the use
3 thereof by any member municipality, public water
4 district, township, or county;
5 (iv) to make and execute all contracts and other
6 instruments necessary or convenient to the exercise of
7 its powers (including contracts with member
8 municipalities, with public water districts, with
9 townships, and with counties on behalf of county service
10 areas); and
11 (v) to employ agents and employees and to delegate
12 by resolution to one or more of its Directors or officers
13 such powers as it may deem proper.
14 Member municipalities, public water districts, townships,
15 or counties may, for the purposes of, and upon request by,
16 the Municipal Joint Action Water Agency, exercise the power
17 of eminent domain available to them, convey property so
18 acquired to the Agency for the cost of acquisition, and be
19 reimbursed for all expenses related to this exercise of
20 eminent domain power on behalf of the Agency.
21 All property, income and receipts of or transactions by a
22 Municipal Joint Action Water Agency shall be exempt from all
23 taxation, the same as if it were the property, income or
24 receipts of or transaction by the member municipalities,
25 public water districts, townships, or counties.
26 (d) A Municipal Joint Action Water Agency established
27 pursuant to this Section 3.1 shall have the power to buy
28 water and to enter into contracts with any person,
29 corporation or public agency (including any member
30 municipality, public water district, township, or county) for
31 that purpose. Any such contract made by an Agency for a
32 supply of water may contain provisions whereby the Agency is
33 obligated to pay for the supply of water without setoff or
34 counterclaim and irrespective of whether the supply of water
SB373 Engrossed -6- LRB9001778DNmb
1 is ever furnished, made available or delivered to the Agency
2 or whether any project for the supply of water contemplated
3 by any such contract is completed, operable or operating and
4 notwithstanding any suspension, interruption, interference,
5 reduction or curtailment of the supply of water from such
6 project. Any such contract may provide that if one or more
7 of the other purchasers defaults in the payment of its
8 obligations under such contract or a similar contract made
9 with the supplier of the water one or more of the remaining
10 purchasers party to such contract or such similar contract
11 shall be required to pay for all or a portion of the
12 obligations of the defaulting purchasers. No such contract
13 may have a term in excess of 50 years.
14 A Municipal Joint Action Water Agency shall have the
15 power to sell water and to enter into contracts with any
16 person, corporation or public agency (including any member
17 municipality, any public water district, any township, or any
18 county on behalf of a county service area as set forth in
19 this Section) for that purpose. No such contract may have a
20 term in excess of 50 years. Any such contract entered into
21 to sell water to a public agency may provide that the
22 payments to be made thereunder by such public agency shall be
23 made solely from revenues to be derived by such public agency
24 from the operation of its waterworks system or its combined
25 waterworks and sewerage system. Any public agency so
26 contracting to purchase water shall establish from time to
27 time such fees and charges for its water service or combined
28 water and sewer service as will produce revenues sufficient
29 at all times to pay its obligations to the Agency under the
30 purchase contract. Any such contract so providing shall not
31 constitute indebtedness of such public agency so contracting
32 to buy water within the meaning of any statutory or
33 constitutional limitation. Any such contract of a public
34 agency to buy water shall be a continuing, valid and binding
SB373 Engrossed -7- LRB9001778DNmb
1 obligation of such public agency payable from such revenues.
2 A Municipal Joint Action Water Agency shall establish
3 fees and charges for the purchase of water from it or for the
4 use of its facilities. No prior appropriation shall be
5 required by either the Municipal Joint Action Water Agency or
6 any public agency before entering into any contract
7 authorized by this paragraph (d).
8 The changes in this Section made by this amendatory Act
9 of 1984 are intended to be declarative of existing law.
10 (e) 1. A Municipal Joint Action Water Agency established
11 pursuant to this Section 3.1 may, from time to time, borrow
12 money and, in evidence of its obligation to repay the
13 borrowing, issue its negotiable water revenue bonds or notes
14 pursuant to this paragraph (e) for any of the following
15 purposes: for paying costs of constructing, acquiring,
16 improving or extending a joint waterworks or water supply
17 system; for paying other expenses incident to or incurred in
18 connection with such construction, acquisition, improvement
19 or extension; for repaying advances made to or by the Agency
20 for such purposes; for paying interest on the bonds or notes
21 until the estimated date of completion of any such
22 construction, acquisition, improvement or extension and for
23 such period after the estimated completion date as the Board
24 of Directors of the Agency shall determine; for paying
25 financial, legal, administrative and other expenses of the
26 authorization, issuance, sale or delivery of bonds or notes;
27 for paying costs of insuring payment of the bonds or notes;
28 for providing or increasing a debt service reserve fund with
29 respect to any or all of the Agency's bonds or notes; and for
30 paying, refunding or redeeming any of the Agency's bonds or
31 notes before, after or at their maturity, including paying
32 redemption premiums or interest accruing or to accrue on such
33 bonds or notes being paid or redeemed or for paying any other
34 costs in connection with any such payment or redemption.
SB373 Engrossed -8- LRB9001778DNmb
1 2. Any bonds or notes issued pursuant to this paragraph
2 (e) by a Municipal Joint Action Water Agency shall be
3 authorized by a resolution of the Board of Directors of the
4 Agency adopted by the affirmative vote of Directors from a
5 majority of the member municipalities, public water
6 districts, townships, and counties, and any additional
7 requirements as may be set forth in the agreement
8 establishing the Agency. The authorizing resolution may be
9 effective immediately upon its adoption. The authorizing
10 resolution shall describe in a general way any project
11 contemplated to be financed by the bonds or notes, shall set
12 forth the estimated cost of the project and shall determine
13 its period of usefulness. The authorizing resolution shall
14 determine the maturity or maturities of the bonds or notes,
15 the rate or rates at which the bonds or notes are to bear
16 interest and all the other terms and details of the bonds or
17 notes. All such bonds or notes shall mature within the
18 period of estimated usefulness of the project with respect to
19 which such bonds or notes are issued, as determined by the
20 Board of Directors, but in any event not more than 50 years
21 from their date of issue. The bonds and notes may bear
22 interest, payable at such times, at a rate or rates not
23 exceeding the maximum rate established in the Bond
24 Authorization Act, as from time to time in effect. Bonds or
25 notes of a Municipal Joint Action Water Agency shall be sold
26 in such manner as the Board of Directors of the Agency shall
27 determine, either at par or at a premium or discount, but
28 such that the effective interest cost (excluding any
29 redemption premium) to the Agency of the bonds or notes shall
30 not exceed a rate equal to the rate of interest specified in
31 the Act referred to in the preceding sentence.
32 The resolution authorizing the issuance of any bonds or
33 notes pursuant to this paragraph (e) shall constitute a
34 contract with the holders of the bonds and notes. The
SB373 Engrossed -9- LRB9001778DNmb
1 resolution may contain such covenants and restrictions with
2 respect to the purchase or sale of water by the Agency and
3 the contracts for such purchases or sales, the operation of
4 the joint waterworks system or water supply system, the
5 issuance of additional bonds or notes by the Agency, the
6 security for the bonds and notes, and any other matters, as
7 may be deemed necessary or advisable by the Board of
8 Directors to assure the payment of the bonds or notes of the
9 Agency.
10 3. The resolution authorizing the issuance of bonds or
11 notes by a Municipal Joint Action Water Agency shall pledge
12 and provide for the application of revenues derived from the
13 operation of the Agency's joint waterworks or water supply
14 system (including from contracts for the sale of water by the
15 Agency) and investment earnings thereon to the payment of the
16 cost of operation and maintenance of the system (including
17 costs of purchasing water), to provision of adequate
18 depreciation, reserve or replacement funds with respect to
19 the system or the bonds or notes, and to the payment of
20 principal, premium, if any, and interest on the bonds or
21 notes of the Agency (including amounts for the purchase of
22 such bonds or notes). The resolution shall provide that
23 revenues of the Municipal Joint Action Water Agency so
24 derived from the operation of the system, sufficient
25 (together with other receipts of the Agency which may be
26 applied to such purposes) to provide for such purposes, shall
27 be set aside as collected in a separate fund or funds and
28 used for such purposes. The resolution may provide that
29 revenues not required for such purposes may be used for any
30 proper purpose of the Agency or may be returned to member
31 municipalities.
32 Any notes of a Municipal Joint Action Water Agency issued
33 in anticipation of the issuance of bonds by it may, in
34 addition, be secured by a pledge of proceeds of bonds to be
SB373 Engrossed -10- LRB9001778DNmb
1 issued by the Agency, as specified in the resolution
2 authorizing the issuance of such notes.
3 4. (i) Except as provided in clauses (ii) and (iii) of
4 this subparagraph 4 of this paragraph (e), all bonds and
5 notes of the Municipal Joint Action Water Agency issued
6 pursuant to this paragraph (e) shall be revenue bonds or
7 notes. Such revenue bonds or notes shall have no claim for
8 payment other than from revenues of the Agency derived from
9 the operation of its joint waterworks or water supply system
10 (including from contracts for the sale of water by the
11 Agency) and investment earnings thereon, from bond or note
12 proceeds and investment earnings thereon, or from such other
13 receipts of the Agency as the agreement establishing the
14 Agency may authorize to be pledged to the payment of revenue
15 bonds or notes, all as and to the extent as provided in the
16 resolution of the Board of Directors authorizing the issuance
17 of the revenue bonds or notes. Revenue bonds or notes issued
18 by a Municipal Joint Action Water Agency pursuant to this
19 paragraph (e) shall not constitute an indebtedness of the
20 Agency or of any member municipality, public water district,
21 township, or county within the meaning of any constitutional
22 or statutory limitation. It shall be plainly stated on each
23 revenue bond and note that it does not constitute an
24 indebtedness of the Municipal Joint Action Water Agency or of
25 any member municipality, public water district, township, or
26 county within the meaning of any constitutional or statutory
27 limitation.
28 (ii) If the Agreement so provides and subject to the
29 referendum provided for in clause (iii) of this subparagraph
30 4 of this paragraph (e), the Municipal Joint Action Water
31 Agency may borrow money for corporate purposes on the credit
32 of the Municipal Joint Action Water Agency, and issue general
33 obligation bonds therefor, in such amounts and form and on
34 such conditions as it shall prescribe, but shall not become
SB373 Engrossed -11- LRB9001778DNmb
1 indebted in any manner or for any purpose in an amount
2 including existing indebtedness in the aggregate which
3 exceeds 5.75% of the aggregate value of the taxable property
4 within the boundaries of the participating municipalities,
5 public water districts, townships, and county service areas
6 within a member county determined by the governing body of
7 the county by resolution to be served by the Municipal Joint
8 Action Water Agency (including any territory added to the
9 Agency after the issuance of such general obligation bonds),
10 collectively defined as the "Service Area", as equalized and
11 assessed by the Department of Revenue and as most recently
12 available at the time of the issue of said bonds. Before or
13 at the time of incurring any such general obligation
14 indebtedness, the Municipal Joint Action Water Agency shall
15 provide for the collection of a direct annual tax, which
16 shall be unlimited as to rate or amount, sufficient to pay
17 the interest on such debt as it falls due and also to pay and
18 discharge the principal thereof at maturity, which shall be
19 within 40 years after the date of issue thereof. Such tax
20 shall be levied upon and collected from all of the taxable
21 property within the territorial boundaries of such Service
22 Area at the time of the referendum provided for in clause
23 (iii) and shall be levied upon and collected from all taxable
24 property within the boundaries of any territory subsequently
25 added to the Service Area. Dissolution of the Municipal
26 Joint Action Water Agency for any reason shall not relieve
27 the taxable property within such Service Area from liability
28 for such tax. Liability for such tax for property transferred
29 to or released from such Service Area shall be determined in
30 the same manner as for general obligation bonds of such
31 county, if in an unincorporated area, and of such
32 municipality, if within the boundaries thereof. The clerk or
33 other officer of the Municipal Joint Action Water Agency
34 shall file a certified copy of the resolution or ordinance by
SB373 Engrossed -12- LRB9001778DNmb
1 which such bonds are authorized to be issued and such tax is
2 levied with the County Clerk or Clerks of the county or
3 counties containing the Service Area, and such filing shall
4 constitute, without the doing of any other act, full and
5 complete authority for such County Clerk or Clerks to extend
6 such tax for collection upon all the taxable property within
7 the Service Area subject to such tax in each and every year,
8 as required, in amounts sufficient to pay the principal of
9 and interest on such bonds, as aforesaid, without limit as to
10 rate or amount. Such tax shall be in addition to and in
11 excess of all other taxes authorized to be levied by the
12 Municipal Joint Action Water Agency or by such county,
13 municipality, township, or public water district. The
14 issuance of such general obligation bonds shall be subject to
15 the other provisions of this paragraph (e), except for the
16 provisions of clause (i) of this subparagraph 4.
17 (iii) No issue of general obligation bonds of the
18 Municipal Joint Action Water Agency (except bonds to refund
19 an existing bonded indebtedness) shall be authorized unless
20 the Municipal Joint Action Water Agency certifies the
21 proposition of issuing such bonds to the proper election
22 authorities, who shall submit the proposition to the voters
23 in the Service Area at an election in accordance with the
24 general election law, and the proposition has been approved
25 by a majority of those voting on the proposition.
26 The proposition shall be substantially in the following
27 form:
28 -------------------------------------------------------------
29 Shall general obligation
30 bonds for the purpose of (state
31 purpose), in the sum not to
32 exceed $....(insert amount), Yes
33 be issued by the ......... ------------------------
34 (insert corporate name of the No
SB373 Engrossed -13- LRB9001778DNmb
1 Municipal Joint Action Water
2 Agency)?
3 -------------------------------------------------------------
4 5. As long as any bonds or notes of a Municipal Joint
5 Action Water Agency created pursuant to this Section 3.1 are
6 outstanding and unpaid, the Agency shall not terminate or
7 dissolve and, except as permitted by the resolution or
8 resolutions authorizing outstanding bonds or notes, no member
9 municipality, public water district, township, or county may
10 withdraw from the Agency. While any such bonds or notes are
11 outstanding, all contracts for the sale of water by the
12 Agency to member municipalities, public water districts,
13 townships, or counties shall be irrevocable except as
14 permitted by the resolution or resolutions authorizing such
15 bonds or notes. The Agency shall establish fees and charges
16 for its operations sufficient to provide adequate revenues to
17 meet all of the requirements under its various resolutions
18 authorizing bonds or notes.
19 6. A holder of any bond or note issued pursuant to this
20 paragraph (e) may, in any civil action, mandamus or other
21 proceeding, enforce and compel performance of all duties
22 required to be performed by the Agency or such counties, as
23 provided in the authorizing resolution, or by any of the
24 public agencies contracting with the Agency to purchase
25 water, including the imposition of fees and charges, the
26 collection of sufficient revenues and the proper application
27 of revenues as provided in this paragraph (e) and the
28 levying, extension and collection of such taxes.
29 7. In addition, the resolution authorizing any bonds or
30 notes issued pursuant to this paragraph (e) may provide for a
31 pledge, assignment, lien or security interest, for the
32 benefit of the holders of any or all bonds or notes of the
33 Agency, (i) on any or all revenues derived from the operation
34 of the joint waterworks or water supply system (including
SB373 Engrossed -14- LRB9001778DNmb
1 from contracts for the sale of water) and investment earnings
2 thereon or (ii) on funds or accounts securing the payment of
3 the bonds or notes as provided in the authorizing resolution.
4 In addition, such a pledge, assignment, lien or security
5 interest may be made with respect to any receipts of the
6 Agency which the agreement establishing the Agency authorizes
7 it to apply to payment of bonds or notes. Any such pledge,
8 assignment, lien or security interest for the benefit of
9 holders of bonds or notes shall be valid and binding from the
10 time the bonds or notes are issued, without any physical
11 delivery or further act, and shall be valid and binding as
12 against or prior to any claims of any other party having any
13 claims of any kind against the Agency irrespective of whether
14 such other parties have notice of such pledge, assignment,
15 lien or security interest.
16 A resolution of a Municipal Joint Water Agency
17 authorizing the issuance of bonds or notes pursuant to this
18 paragraph (e) may provide for the appointment of a corporate
19 trustee with respect to any or all of such bonds or notes
20 (which trustee may be any trust company or state or national
21 bank having the power of a trust company within Illinois).
22 In that event, the resolution shall prescribe the rights,
23 duties and powers of the trustee to be exercised for the
24 benefit of the Agency and the protection of the holders of
25 such bonds or notes. The resolution may provide for the
26 trustee to hold in trust, invest and use amounts in funds and
27 accounts created as provided in the resolution. The
28 resolution authorizing the bonds or notes may provide for the
29 assignment and direct payment to the trustee of amounts owed
30 by public agencies to the Municipal Joint Action Water Agency
31 under water sales contracts for application by the trustee to
32 the purposes for which such revenues are to be used as
33 provided in this paragraph (e) and as provided in the
34 authorizing resolution. Upon receipt of notice of such
SB373 Engrossed -15- LRB9001778DNmb
1 assignment, the public agency shall thereafter make the
2 assigned payments directly to such trustee.
3 Nothing in this Section authorizes a Joint Action Water
4 Agency to provide water service directly to residents within
5 a municipality or in territory within one mile or less of the
6 corporate limits of a municipality that operates a public
7 water supply unless the municipality has consented in writing
8 to such service being provided.
9 (Source: P.A. 87-1126.)
10 (5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
11 Sec. 3.6. (a) Any special district the boundaries of
12 which are exactly coterminous with, or entirely within, the
13 boundaries of a township in a county having less than
14 1,000,000 inhabitants may merge into and transfer all of its
15 rights, powers, duties, liabilities and functions to the
16 township as provided in this Section notwithstanding any
17 other provision of the law.
18 (b) "Special district" means any political subdivision
19 other than a county, municipality, township, school district
20 or community college district.
21 (c) By resolution or ordinance the special district may
22 petition the township for merger. Within 30 days after the
23 adoption of such resolution or ordinance, the special
24 district shall file a copy of the petition with the town
25 clerk of the township and with the county clerk.
26 (d) Within 60 days of the filing of the petition with
27 the town clerk the board of town trustees shall by ordinance
28 either agree or refuse to agree to the merger. Failure of
29 the board of town trustees to adopt such an ordinance within
30 the 60 days shall constitute a refusal to agree to the
31 merger.
32 (e) After an ordinance is passed by the board of town
33 trustees agreeing to a merger, it shall be published once
SB373 Engrossed -16- LRB9001778DNmb
1 within 30 days after its passage in one or more newspapers
2 published in the township or, if no newspaper is published
3 therein, it shall be published in a newspaper published in
4 the county in which such township is located and having
5 general circulation within such township. If no newspaper is
6 published in the county having general circulation in the
7 township, publication may be made instead by posting copies
8 of such ordinance in 10 public places within the township.
9 The publication or posting of the ordinance shall include a
10 notice of (1) the specific number of voters required to sign
11 a petition requesting that the question of the merger be
12 submitted to the voters of the township; (2) the time within
13 which the petition must be filed; and (3) the date of the
14 prospective referendum. The township clerk shall provide a
15 petition form to any individual requesting one. The ordinance
16 shall not become effective until 30 days after its
17 publication or the date of such posting of such copies.
18 Whenever a petition signed by the electors of the
19 township equal in number to 10% or more of the registered
20 voters in the township is filed with the board of town
21 trustees thereof which has adopted an ordinance agreeing to
22 merger and such petition has been filed with the board of
23 town trustees within 30 days after the publication or the
24 date of the posting of the copies which petition seeks the
25 submission of such merger to an election, the board of town
26 trustees shall certify the question to the proper election
27 officials who shall submit the question at an election in
28 accordance with the general election law.
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 an ordinance 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
SB373 Engrossed -17- 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 special district and the
7 township, using easily recognized descriptions. The petition
8 must be signed by voters equal in number to 5% of the total
9 number of voters in the township 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 substantially in the following
15 form:
16 -------------------------------------------------------------
17 Shall (name of special YES
18 district) be merged into ----------------------------
19 ............. Township? NO
20 -------------------------------------------------------------
21 If the boundaries of the township and special district are
22 coterminous and a majority of the voters voting on the
23 question shall favor merger, the special district shall merge
24 into the township. If a majority of the voters voting on the
25 question shall not favor merger, the special district shall
26 not merge into the township. If the boundaries of the
27 township and special district are not coterminous, then a
28 majority of the voters voting upon the question in the
29 special district and a majority of the voters voting in that
30 portion of the township that is not included within the
31 special district must both favor the merger. If a majority
32 of the voters residing in the special district or a majority
33 of the voters voting in that portion of the townships that is
34 not included within the special district do not favor the
SB373 Engrossed -18- LRB9001778DNmb
1 merger, the special district shall not merge into the
2 township.
3 (f) The effective date of the merger shall be the first
4 day of January of the year immediately following the
5 effective date of the ordinance or the approval by the
6 referendum as the case may be.
7 (g) If the board of town trustees refuses to agree to
8 the merger or if a majority of the voters voting on the
9 question shall not favor merger, then the special district
10 shall not file a petition for merger with the town clerk
11 within 3 years after such refusal to agree or referendum.
12 (h) Upon the effective date of the merger the township
13 shall assume and succeed to all of the rights, powers,
14 duties, liabilities and functions of the special district,
15 including assuming any indebtedness of the special district,
16 and the special district shall be dissolved and cease to
17 exist as a separate and distinct political subdivision. In
18 connection with such rights, powers, duties, liabilities and
19 functions the township shall be subject to, governed by and
20 have the benefit of the statutes, as then or thereafter
21 amended, and laws affecting such a special district,
22 including without limitation the right to levy taxes in such
23 amounts as allowed to such a special district, but the right
24 to levy taxes shall exist only within the area formerly
25 comprising such merged special district. Upon the effective
26 date of the merger all books, records, equipment, property
27 and personnel held by, in the custody of or employed by the
28 special district shall be transferred to the township. The
29 transfer shall not affect the status or employment benefits
30 of transferred personnel.
31 (Source: P.A. 89-150, eff. 7-14-95.)
32 Section 10. The Election Code is amended by changing
33 Section 28-2 as follows:
SB373 Engrossed -19- 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
SB373 Engrossed -20- 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.
SB373 Engrossed -21- 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
SB373 Engrossed -22- 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:
SB373 Engrossed -23- 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.
SB373 Engrossed -24- 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
SB373 Engrossed -25- 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
SB373 Engrossed -26- 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
SB373 Engrossed -27- 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
SB373 Engrossed -28- 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
SB373 Engrossed -29- 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
SB373 Engrossed -30- 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
SB373 Engrossed -31- 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
SB373 Engrossed -32- 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
SB373 Engrossed -33- 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
SB373 Engrossed -34- 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
SB373 Engrossed -35- 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.
SB373 Engrossed -36- 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.
SB373 Engrossed -37- 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
SB373 Engrossed -38- 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
SB373 Engrossed -39- 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
SB373 Engrossed -40- 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
SB373 Engrossed -41- 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
SB373 Engrossed -42- 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
SB373 Engrossed -43- 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
SB373 Engrossed -44- 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
SB373 Engrossed -45- 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)
SB373 Engrossed -46- 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
SB373 Engrossed -47- 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
SB373 Engrossed -48- 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
SB373 Engrossed -49- 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 following
12 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
SB373 Engrossed -50- 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
SB373 Engrossed -51- 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
SB373 Engrossed -52- 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
SB373 Engrossed -53- 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
SB373 Engrossed -54- 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
SB373 Engrossed -55- 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
SB373 Engrossed -56- 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
SB373 Engrossed -57- LRB9001778DNmb
1 special tax allocation fund, pledge (for a period not