SB2042 EngrossedLRB097 09227 NHT 49362 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Community College Act is amended by
5changing Sections 3-8, 3-10, 3-19, 3-19.1, 3-20.3.01, 3-20.5,
63-27, 3-33.3, 3-51, 3A-1, 3A-20, 7-22, 7-23, 7-25, and 7-26 as
7follows:
 
8    (110 ILCS 805/3-8)  (from Ch. 122, par. 103-8)
9    Sec. 3-8. Following each election and canvass, the new
10board shall hold its organizational meeting on or before the
1128th day after the election. If the election is the initial
12election ordered by the regional superintendent, the
13organizational meeting shall be convened by the regional
14superintendent, who shall preside over the meeting until the
15election for chairperson chairman, vice chairperson chairman
16and secretary of board is completed. At all other
17organizational meetings, the chairperson chairman of the
18board, or, in his or her absence, the president of the
19community college or acting chief executive officer of the
20college shall convene the new board, and conduct the election
21for chairperson chairman, vice chairperson chairman and
22secretary. The board shall then proceed with its organization
23under the newly elected board officers, and shall fix a time

 

 

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1and place for its regular meetings. It shall then enter upon
2the discharge of its duties. Public notice of the schedule of
3regular meetings for the next calendar year, as set at the
4organizational meeting, must be given at the beginning of that
5calendar year. The terms of board office shall be 2 years,
6except that the board by resolution may establish a policy for
7the terms of office to be one year, and provide for the
8election of officers for the remaining one year period. Terms
9of members are subject to Section 2A-54 of the Election Code.
10    Special meetings of the board may be called by the
11chairperson chairman or by any 3 members of the board by giving
12notice thereof in writing stating the time, place and purpose
13of the meeting. Such notice may be served by mail 48 hours
14before the meeting or by personal service 24 hours before the
15meeting.
16    At each regular and special meeting which is open to the
17public, members of the public and employees of the community
18college district shall be afforded time, subject to reasonable
19constraints, to comment to or ask questions of the board.
20(Source: P.A. 95-116, eff. 8-13-07; 95-791, eff. 8-8-08.)
 
21    (110 ILCS 805/3-10)  (from Ch. 122, par. 103-10)
22    Sec. 3-10. The chairperson chairman shall preside at all
23meetings and shall perform such duties as are imposed upon him
24or her by law or by action of the board. The vice-chairperson
25vice-chairman shall serve in the chairperson's chairman's

 

 

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1absence. If the chairperson chairman and vice-chairperson
2vice-chairman are absent from any meeting or refuse to perform
3their duties, a chairperson chairman pro tempore shall be
4appointed by the board from among their number.
5    The secretary shall perform the duties usually pertaining
6to his office. If he is absent from any meeting or refuses to
7perform his duties, a member of the board shall be appointed
8secretary pro tempore.
9(Source: Laws 1967, p. 1229.)
 
10    (110 ILCS 805/3-19)  (from Ch. 122, par. 103-19)
11    Sec. 3-19. Before entering upon his duties, each treasurer
12shall execute a bond with 2 or more persons having an interest
13in real estate who are not members of the board of the
14district, or with a surety company authorized to do business in
15this State, as sureties, payable to the board of the community
16college district for which he is treasurer and conditioned upon
17the faithful discharge of his duties. The penalty of the bond
18shall be 25% of the amount of all bonds, notes, mortgages,
19moneys, and effects of which the treasurer is to have custody,
20whether individuals act as surety or whether the surety is
21given by a surety authorized to do business in this State. The
22penalty of the bond of the treasurer shall be increased or
23decreased from time to time, as the increase or decrease of the
24amount of notes, bonds, mortgages, moneys and effects may
25require, and whenever in the judgment of the State board the

 

 

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1penalty of the bond should be increased or decreased. The bond
2must be approved by at least a majority of the board of the
3community college district and filed with the State Board. A
4copy of the bond must also be filed with the county clerk of
5each county in which any part of the community college district
6is situated. The bond shall be in substantially the following
7form:
8STATE OF ILLINOIS)
9                 ) SS.
10.......... COUNTY)
11    We, .... and .... are obligated, jointly and severally, to
12the Board of Community College District No. ...., County (or
13Counties) of .... and State of Illinois in the penal sum of
14$...., for the payment of which we obligate ourselves, our
15heirs, executors and administrators.
16    Dated (insert date).
17    The condition of this obligation is such that if ....,
18treasurer in the district above stated, faithfully discharges
19the duties of his or her office, according to law, and delivers
20to his or her successor in office, after that successor has
21qualified by giving bond as provided by law, all moneys, books,
22papers, securities and property, which shall come into his or
23her possession or control, as such treasurer, from the date of
24his or her bond to the time that his or her successor has
25qualified as treasurer, by giving such bond as is required by
26law, then this obligation to be void; otherwise to remain in

 

 

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1full force and effect.
2
Signed:.....................
3
............................
4
............................
5
............................
6    Approved and accepted by Board of Community College
7District No. .... County (or Counties) of .... and State of
8Illinois. By .... Chairperson Chairman .... Secretary
9    No part of any State or other district funds may be paid to
10any treasurer or other persons authorized to receive it unless
11the treasurer has filed his or her bond as required herein.
12(Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
 
13    (110 ILCS 805/3-19.1)  (from Ch. 122, par. 103-19.1)
14    Sec. 3-19.1. When any warrant issued for the wages of an
15educational employee is presented to the treasurer and is not
16paid for want of funds, the treasurer shall endorse it over his
17signature, "not paid for want of funds", with the date of
18presentation, and shall make and keep a record of that
19endorsement. The warrant shall thereafter bear interest at the
20rate of 6% per annum, until the treasurer notifies the
21chairperson chairman of the board in writing that he has funds
22to pay it. The treasurer shall make and keep a record of that
23notice and hold the funds necessary to pay the warrant until it
24is presented. The warrant shall draw no interest after notice
25is given to the chairperson chairman of the board.

 

 

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1(Source: P.A. 82-622.)
 
2    (110 ILCS 805/3-20.3.01)  (from Ch. 122, par. 103-20.3.01)
3    Sec. 3-20.3.01. Whenever, as a result of any lawful order
4of any agency, other than a local community college board,
5having authority to enforce any law or regulation designed for
6the protection, health or safety of community college students,
7employees or visitors, or any law or regulation for the
8protection and safety of the environment, pursuant to the
9"Environmental Protection Act", any local community college
10district, including any district to which Article VII of this
11Act applies, is required to alter or repair any physical
12facilities, or whenever any district determines that it is
13necessary for energy conservation, health or safety,
14environmental protection or handicapped accessibility purposes
15that any physical facilities should be altered or repaired and
16that such alterations or repairs will be made with funds not
17necessary for the completion of approved and recommended
18projects for fire prevention and safety, or whenever after the
19effective date of this amendatory Act of 1984 any district,
20including any district to which Article VII applies, provides
21for alterations or repairs determined by the local community
22college board to be necessary for health and safety,
23environmental protection, handicapped accessibility or energy
24conservation purposes, such district may, by proper resolution
25which specifically identifies the project and which is adopted

 

 

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1pursuant to the provisions of the Open Meetings Act, levy a tax
2for the purpose of paying for such alterations or repairs, or
3survey by a licensed architect or engineer, upon the equalized
4assessed value of all the taxable property of the district at a
5rate not to exceed .05% per year for a period sufficient to
6finance such alterations or repairs, upon the following
7conditions:
8    (a) When in the judgment of the local community college
9board of trustees there are not sufficient funds available in
10the operations and maintenance fund of the district to
11permanently pay for such alterations or repairs so ordered,
12determined as necessary.
13    (b) When a certified estimate of a licensed architect or
14engineer stating the estimated amount that is necessary to make
15the alterations or repairs so ordered or determined as
16necessary has been secured by the local community college
17district and the project and estimated amount have been
18approved by the Executive Director of the State Board.
19    The filing of a certified copy of the resolution or
20ordinance levying the tax when accompanied by the certificate
21of approval of the Executive Director of the State Board shall
22be the authority of the county clerk or clerks to extend such
23tax; provided, however, that in no event shall the extension
24for the current and preceding years, if any, under this Section
25be greater than the amount so approved, and interest on bonds
26issued pursuant to this Section and in the event such current

 

 

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1extension and preceding extensions exceed such approval and
2interest, it shall be reduced proportionately.
3    The county clerk of each of the counties in which any
4community college district levying a tax under the authority of
5this Section is located, in reducing raised levies, shall not
6consider any such tax as a part of the general levy for
7community college purposes and shall not include the same in
8the limitation of any other tax rate which may be extended.
9Such tax shall be levied and collected in like manner as all
10other taxes of community college districts.
11    The tax rate limit hereinabove specified in this Section
12may be increased to .10% upon the approval of a proposition to
13effect such increase by a majority of the electors voting on
14that proposition at a regular scheduled election. Such
15proposition may be initiated by resolution of the local
16community college board and shall be certified by the secretary
17of the local community college board to the proper election
18authorities for submission in accordance with the general
19election law.
20    Each local community college district authorized to levy
21any tax pursuant to this Section may also or in the alternative
22by proper resolution or ordinance borrow money for such
23specifically identified purposes not in excess of $4,500,000 in
24the aggregate at any one time when in the judgment of the local
25community college board of trustees there are not sufficient
26funds available in the operations and maintenance fund of the

 

 

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1district to permanently pay for such alterations or repairs so
2ordered or determined as necessary and a certified estimate of
3a licensed architect or engineer stating the estimated amount
4has been secured by the local community college district and
5the project and the estimated amount have been approved by the
6State Board, and as evidence of such indebtedness may issue
7bonds without referendum. However, Community College District
8No. 522 and Community College District No. 536 may or in the
9alternative by proper resolution or ordinance borrow money for
10such specifically identified purposes not in excess of
11$20,000,000 in the aggregate at any one time when in the
12judgment of the community college board of trustees there are
13not sufficient funds available in the operations and
14maintenance fund of the district to permanently pay for such
15alterations or repairs so ordered or determined as necessary
16and a certified estimate of a licensed architect or engineer
17stating the estimated amount has been secured by the community
18college district and the project and the estimated amount have
19been approved by the State Board, and as evidence of such
20indebtedness may issue bonds without referendum. Such bonds
21shall bear interest at a rate or rates authorized by "An Act to
22authorize public corporations to issue bonds, other evidences
23of indebtedness and tax anticipation warrants subject to
24interest rate limitations set forth therein", approved May 26,
251970, as now or hereafter amended, shall mature within 20 years
26from date, and shall be signed by the chairperson chairman,

 

 

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1secretary and treasurer of the local community college board.
2    In order to authorize and issue such bonds the local
3community college board shall adopt a resolution fixing the
4amount of bonds, the date thereof, the maturities thereof and
5rates of interest thereof, and the board by such resolution, or
6in a district to which Article VII applies the city council
7upon demand and under the direction of the board by ordinance,
8shall provide for the levy and collection of a direct annual
9tax upon all the taxable property in the local community
10college district sufficient to pay the principal and interest
11on such bonds to maturity. Upon the filing in the office of the
12county clerk of each of the counties in which the community
13college district is located of a certified copy of such
14resolution or ordinance it is the duty of the county clerk or
15clerks to extend the tax therefor without limit as to rate or
16amount and in addition to and in excess of all other taxes
17heretofore or hereafter authorized to be levied by such
18community college district.
19    The State Board shall prepare and enforce regulations and
20specifications for minimum requirements for the construction,
21remodeling or rehabilitation of heating, ventilating, air
22conditioning, lighting, seating, water supply, toilet,
23handicapped accessibility, fire safety and any other matter
24that will conserve, preserve or provide for the protection and
25the health or safety of individuals in or on community college
26property and will conserve the integrity of the physical

 

 

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1facilities of the district.
2    This Section is cumulative and constitutes complete
3authority for the issuance of bonds as provided in this Section
4notwithstanding any other statute or law to the contrary.
5(Source: P.A. 96-561, eff. 1-1-10.)
 
6    (110 ILCS 805/3-20.5)  (from Ch. 122, par. 103-20.5)
7    Sec. 3-20.5. (a) The board of each community college
8district shall ascertain, as near as practicable, annually, how
9much money must be raised by special tax for educational
10purposes and for operations and maintenance of facilities
11purposes for the next ensuing year. Such amounts shall be
12certified and returned to the county clerk on or before the
13last Tuesday in December, annually. The certificate shall be
14signed by the chairperson chairman and secretary, and may be in
15the following form:
16
CERTIFICATE OF TAX LEVY
17    We hereby certify that we require the sum of .... dollars
18to be levied as a special tax for educational purposes, and the
19sum of .... dollars to be levied as a special tax for
20operations and maintenance of facilities purposes, on the
21equalized assessed value of the taxable property of our
22district, for the year (insert year).
23    Signed on (insert date).
24    A ....  B ...., Chairperson Chairman
25    C ....  D ...., Secretary

 

 

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1    Community College Dist. No. ...., .... County (or Counties)
 
2    An amended certificate may be filed by the community
3college board within 10 days of receipt of official
4notification from the county clerk of the multiplier that will
5be applied to assessed value of the taxable property of the
6district, provided such multiplier will alter the amount of
7revenue received by the district from either local or State
8sources.
9    A failure by the board to file the certificate with the
10county clerk in the time required shall not vitiate the
11assessment.
12(Source: P.A. 91-357, eff. 7-29-99.)
 
13    (110 ILCS 805/3-27)  (from Ch. 122, par. 103-27)
14    Sec. 3-27. To pay no orders except for teachers' wages
15unless at the time there are sufficient funds in the hands of
16the treasurer to pay such order, except as herein provided.
17    (a) It shall be lawful for the board to submit to the
18treasurer a certified copy of the board minutes properly signed
19by the secretary and chairperson chairman or by a majority of
20the Board, showing all bills approved for payment by the Board
21and clearly showing to whom and for what purpose each payment
22is to be made by the treasurer and to what budgetary item each
23payment shall be debited and such certified copy shall serve as
24full authority to the treasurer to make the payments as thus

 

 

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1approved; this shall not preclude the use of a voucher system,
2or any other system of sound accounting and business procedure,
3provided that such system reflects the facts and that the same
4is in accordance with the regulations prescribed by or approved
5by the State Board.
6    (b) It shall be lawful for the Board by resolution to
7establish revolving funds provided such funds are in the
8custody of an employee who shall be bonded as provided in
9Section 3-19 for bonding treasurers and who shall be
10responsible to the Board and the treasurer, subject to regular
11annual audit by licensed public accountants and other such
12examinations as the Board shall deem advisable and kept in
13accordance with regulations prescribed by the State Board. A
14monthly report and annual summary of all receipts and
15expenditures of the fund shall be submitted to the Board and
16the treasurer. All funds advanced by the treasurer to operate
17the revolving funds shall be carried on the treasurer's books
18as cash obligations due the district and all receipts of such
19revolving funds shall be deposited daily in a bank or savings
20and loan association to be approved by the treasurer, unless
21there is no bank or savings and loan association in the
22community, in which event receipts shall be deposited intact
23not less than once a week in a bank or savings and loan
24association approved by the treasurer. All reimbursements to
25any such revolving funds from the district funds shall be
26completely itemized as to whom paid, for what purpose, and

 

 

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1against what budgetary item the expenditure is chargeable.
2    No bank or savings and loan association shall receive
3public funds as permitted by this Section, unless it has
4complied with the requirements established pursuant to Section
56 of "An Act relating to certain investments of public funds by
6public agencies", approved July 23, 1943, as now or hereafter
7amended.
8    (c) The Board shall establish rules and regulations
9governing conditions under which classes, clubs, and
10associations may acquire or collect funds in the name of any
11college and under such regulations as the State Board may
12prescribe.
13(Source: P.A. 83-541.)
 
14    (110 ILCS 805/3-33.3)  (from Ch. 122, par. 103-33.3)
15    Sec. 3-33.3.
16    Before issuing any bonds under Section 3-33.2, the board
17shall adopt a resolution designating the purpose and fixing the
18amount of the bonds proposed to be issued, the maturity
19thereof, the rate of interest thereon and the amount of taxes
20to be levied annually for the purpose of paying the principal
21and interest.
22    The bonds shall be issued in the corporate name of the
23community college district. They shall be signed by the
24chairperson chairman and secretary of the board. The bonds
25shall be sold by the board at not less than par upon such terms

 

 

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1as may be approved by the board after advertisement for bids
2and the proceeds thereof shall be received by the treasurer for
3the uses herein provided.
4(Source: P.A. 78-669.)
 
5    (110 ILCS 805/3-51)  (from Ch. 122, par. 103-51)
6    Sec. 3-51. The Employment Advisory Board shall meet at
7least once within each calendar quarter. It shall issue an
8advisory report, at least once within each calendar year, to
9its Community College District Board of Trustees concerning:
10    (a) the medium and long-term employment prospects of the
11communities comprising their Community College District;
12    (b) the course and instruction mix most likely to produce
13community college graduates, associates and alumni with the job
14skills necessary for local employment; and
15    (c) the practicality of using existing community college
16employees, contractors, instructors, professors, classrooms,
17and facilities to train and retrain employees of existing
18public and private enterprises within the boundaries of their
19Community College District to enhance their continued
20employment skills.
21    The Employment Advisory Board shall also produce special
22advisory reports, upon the request of the chairperson chairman
23or acting chairperson chairman of the Board of Trustees of
24their Community College District.
25(Source: P.A. 85-458.)
 

 

 

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1    (110 ILCS 805/3A-1)  (from Ch. 122, par. 103A-1)
2    Sec. 3A-1. Any community college district may borrow money
3for the purpose of building, equipping, altering or repairing
4community college buildings or purchasing or improving
5community college sites, or acquiring and equipping recreation
6grounds, athletic fields, and other buildings or land used or
7useful for community college purposes or for the purpose of
8purchasing a site, with or without a building or buildings
9thereon, or for the building of a house or houses on such site,
10or for the building of a house or houses on the site of the
11community college district, for residential purposes of the
12administrators or faculty of the community college district,
13and issue its negotiable coupon bonds therefor signed by the
14chairperson chairman and secretary of the board, in
15denominations of not less than $100 nor more than $5,000,
16payable at such place and at such time or times, not exceeding
1720 years from date of issuance, as the board may prescribe, and
18bearing interest at a rate not to exceed the maximum rate
19authorized by the Bond Authorization Act, as amended at the
20time of the making of the contract, payable annually,
21semiannually or quarterly, but no such bonds shall be issued
22unless the proposition to issue them is submitted to the voters
23of the community college district at a regular scheduled
24election in such district and the board shall certify the
25proposition to the proper election authorities for submission

 

 

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1in accordance with the general election law and a majority of
2all the votes cast on the proposition is in favor of the
3proposition, nor shall any residential site be acquired unless
4such proposition to acquire a site is submitted to the voters
5of the district at a regular scheduled election and the board
6shall certify the proposition to the proper election
7authorities for submission to the electors in accordance with
8the general election law and a majority of all the votes cast
9on the proposition is in favor of the proposition. Nothing in
10this Act shall be construed as to require the listing of
11maturity dates of any bonds either in the notice of bond
12election or ballot used in the bond election.
13    Bonds issued in accordance with this Section for Elgin
14Community College District No. 509 may be payable at such time
15or times, not exceeding 25 years from date of issuance, as the
16board may prescribe, if the following conditions are met:
17        (i) The voters of the district approve a proposition
18    for the bond issuance at an election held in 2009.
19        (ii) Prior to the issuance of the bonds, the board
20    determines, by resolution, that the projects built,
21    acquired, altered, renovated, repaired, purchased,
22    improved, installed, or equipped with the proceeds of the
23    bonds are required as a result of a projected increase in
24    the enrollment of students in the district, to meet demand
25    in the fields of health care or public safety, to meet
26    accreditation standards, or to maintain campus safety and

 

 

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1    security.
2        (iii) The bonds are issued, in one more more bond
3    issuances, on or before April 7, 2014.
4        (iv) The proceeds of the bonds are used to accomplish
5    only those purposes approved by the voters at an election
6    held in 2009.
7    Bonds issued in accordance with this Section for Kishwaukee
8Community College District No. 523 may be payable at such time
9or times, not exceeding 25 years from date of issuance, as the
10board may prescribe, if the following conditions are met:
11            (i) The voters of the district approve a
12        proposition for the bond issuance at an election held
13        in 2010 or 2011.
14            (ii) Prior to the issuance of the bonds, the board
15        determines, by resolution, that the projects built,
16        acquired, altered, renovated, repaired, purchased,
17        improved, installed, or equipped with the proceeds of
18        the bonds are required as a result of a projected
19        increase in the enrollment of students in the district,
20        to meet demand in the fields of health care or public
21        safety, to meet accreditation standards, or to
22        maintain campus safety and security.
23            (iii) The bonds are issued, in one or more bond
24        issuances, on or before November 2, 2015.
25            (iv) The proceeds of the bonds are used to
26        accomplish only those purposes approved by the voters

 

 

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1        at an election held in 2010 or 2011.
2    With respect to instruments for the payment of money issued
3under this Section either before, on, or after the effective
4date of this amendatory Act of 1989, it is and always has been
5the intention of the General Assembly (i) that the Omnibus Bond
6Acts are and always have been supplementary grants of power to
7issue instruments in accordance with the Omnibus Bond Acts,
8regardless of any provision of this Act that may appear to be
9or to have been more restrictive than those Acts, (ii) that the
10provisions of this Section are not a limitation on the
11supplementary authority granted by the Omnibus Bond Acts, and
12(iii) that instruments issued under this Section within the
13supplementary authority granted by the Omnibus Bond Acts are
14not invalid because of any provision of this Act that may
15appear to be or to have been more restrictive than those Acts.
16(Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10.)
 
17    (110 ILCS 805/3A-20)  (from Ch. 122, par. 103A-20)
18    Sec. 3A-20. Whenever refunding bonds are issued, proper
19reduction of taxes theretofore levied for the payment of the
20bonds refunded and next to be extended for collection shall be
21made by the county clerk upon receipt of a certificate signed
22by the treasurer of the community college district, or by the
23chairperson chairman and secretary of the district, showing the
24bonds refunded and the tax to be abated.
25    Money which becomes available from taxes that were levied

 

 

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1for prior years for payment of bonds or interest coupons that
2were paid or refunded before those taxes were collected, after
3payment of all warrants that may have been issued in
4anticipation of these taxes, shall be placed in the sinking
5fund account provided in Section 3A-21. It shall be used to
6purchase, call for payment, or to pay at maturity refunding
7bonds and interest thereon as herein provided.
8(Source: P.A. 78-669.)
 
9    (110 ILCS 805/7-22)  (from Ch. 122, par. 107-22)
10    Sec. 7-22. Warrants drawn and issued under Section 7-21
11shall be numbered consecutively in the order of their issuance
12and shall show upon their face that they are payable solely
13from the taxes when collected, and not otherwise, and that
14payment thereof will be made in the order of their issuance,
15beginning with the warrant having the lowest number, and shall
16be received by any collector of taxes in payment of taxes
17against which they are issued. The warrants shall be signed by
18the chairperson chairman and secretary of the board. The taxes
19against which the warrants are drawn shall be set apart and
20held for their payment, as herein provided. The warrants shall
21bear interest, payable out of the taxes against which they are
22drawn, at the rate of not to exceed 6% per annum, from the date
23of their issuance until paid, or until notice is given by
24publication in a newspaper or otherwise that the money for
25their payment is available and that they will be paid on

 

 

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1presentation.
2(Source: P.A. 76-1505.)
 
3    (110 ILCS 805/7-23)  (from Ch. 122, par. 107-23)
4    Sec. 7-23. The chairperson chairman of the board, with the
5approval of the board, may designate one or more persons to
6have authority, when so directed by the chairperson chairman to
7affix the signature of the chairperson chairman to any warrant,
8certificate, contract or any other written instrument, which by
9law is required to be signed by the chairperson chairman of the
10board. When the signature of the chairperson chairman of the
11board is so affixed to a written instrument, it is as binding
12upon the board as if signed personally by its chairperson
13chairman. Whenever the chairperson chairman of the board
14desires to designate a person to affix the signature of the
15chairperson chairman to any warrant, certificate, contract or
16any other written instrument, he or she shall send a written
17notice to the board containing the name of the person he or she
18has selected and a designation of the instruments that person
19shall have authority to sign. Attached to the notice shall be
20the written signature of the chairperson chairman of the board,
21executed by the person so designated, with the signature of the
22person so designated underneath. The notice shall be filed with
23the secretary, presented at the next meeting of the board for
24its approval and entered in the proceedings of that meeting.
25(Source: P.A. 76-1505.)
 

 

 

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1    (110 ILCS 805/7-25)  (from Ch. 122, par. 107-25)
2    Sec. 7-25. Issuance of bonds; terms and sale. The board may
3incur an indebtedness and issue bonds for the purpose of
4erecting, purchasing or otherwise acquiring buildings suitable
5for community college use, transferring funds to the Illinois
6Building Authority for community college building purposes,
7erecting temporary community college structures, erecting
8additions to, repairing, rehabilitating and replacing existing
9community college buildings and temporary community college
10structures, furnishing and equipping community college
11buildings and temporary community college structures, and
12purchasing or otherwise acquiring and improving sites for such
13purposes.
14    The bonds may not be issued until the proposition of
15authorizing such bonds has been certified to the proper
16election officials, who shall have submitted it to the electors
17of the city at a regular scheduled election in accordance with
18the general election law, and approved by a majority of the
19electors voting upon that question.
20    The board shall adopt a resolution providing for certifying
21that proposition for such an election. In addition to the
22requirements of the general election law the notice of the
23referendum must contain the amount of the bond issue, maximum
24rate of interest and purpose for which issued. This notice
25shall be published in accordance with the general election law.

 

 

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1    The proposition shall be in substantially the following
2form:
3-------------------------------------------------------------
4    Shall bonds in the amount of
5$............ be issued by the
6Board of community College District        YES
7No....., County of.... and State of
8Illinois for the purpose of (Here
9print the purpose of the public       -----------------------
10measure) bearing interest at the
11rate of not to exceed the maximum
12rate authorized  by the Bond               NO
13Authorization Act, as amended at the
14time of the making of the contract?
15-------------------------------------------------------------
16    Whenever the board desires to issue bonds as herein
17authorized, it shall adopt a resolution designating the purpose
18for which the proceeds of the bonds are to be expended and
19fixing the amount of the bonds proposed to be issued, the
20maturity thereof, and optional provisions, if any, the rate of
21interest thereon, and the amount of taxes to be levied annually
22for the purpose of paying the interest upon and the principal
23of such bonds.
24    The bonds shall bear interest at the rate of not more than
25the maximum rate authorized by the Bond Authorization Act, as
26amended at the time of the making of the contract, and shall

 

 

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1mature within not to exceed 20 years from their date, and may
2be made callable on any interest payment date at par and
3accrued interest, after notice has been given, at the time and
4in the manner provided in the bond resolution.
5    The bonds shall be issued in the corporate name of the
6community college district, and they shall be signed by the
7chairperson chairman and secretary of the community college
8board. The bonds shall also be registered, numbered and
9countersigned by the treasurer who receives the taxes of the
10district. The registration shall be in a book in which shall be
11entered the record of the election authorizing the board to
12borrow money and a description of the bonds issued, including
13the number, date, to whom issued, amount, rate of interest and
14when due.
15    The bonds shall be sold by the board upon such terms as are
16approved by the board after advertisement for bids, and the
17proceeds thereof shall be received by the community college
18treasurer, and expended by the board for the purposes provided
19in the bond resolution.
20    The community college treasurer shall, before receiving
21any of such money, execute a surety bond conditioned upon the
22faithful discharge of his duties with a surety company
23authorized to do business in this State, which surety bond
24shall be approved by the community college board and filed as
25otherwise required under this Act for the treasurer's bond. The
26penalty of the surety bond shall be in the amount of such bond

 

 

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1issue. The surety bond shall be in substantially the same form
2as the bond otherwise required under this Act for the treasurer
3and when so given shall fully describe the bond issue which it
4specifically covers and shall remain in force until the funds
5of the bond issue are fully disbursed in accordance with the
6law.
7    Before or at the time of issuing any bonds herein
8authorized, the board shall by resolution provide for the levy
9and collection of a direct annual tax upon all the taxable
10property of such community college district sufficient to pay
11and discharge the principal thereof at maturity and to pay the
12interest thereon as it falls due. Such tax shall be levied and
13collected in like manner with the other taxes of the community
14college district and shall be in addition to and exclusive of
15the maximum of all other taxes which the board is authorized by
16law to levy for community college purposes. Upon the filing in
17the office of the county clerk of the county wherein such
18community college district is located of a certified copy of
19any such ordinance, the county clerk shall extend the tax
20therein provided for, including an amount to cover loss and
21cost of collecting such taxes and also deferred collections
22thereof and abatements in the amounts of such taxes as extended
23upon the collector's books. The ordinance shall be in force
24upon its passage.
25    With respect to instruments for the payment of money issued
26under this Section either before, on, or after the effective

 

 

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1date of this amendatory Act of 1989, it is and always has been
2the intention of the General Assembly (i) that the Omnibus Bond
3Acts are and always have been supplementary grants of power to
4issue instruments in accordance with the Omnibus Bond Acts,
5regardless of any provision of this Act that may appear to be
6or to have been more restrictive than those Acts, (ii) that the
7provisions of this Section are not a limitation on the
8supplementary authority granted by the Omnibus Bond Acts, and
9(iii) that instruments issued under this Section within the
10supplementary authority granted by the Omnibus Bond Acts are
11not invalid because of any provision of this Act that may
12appear to be or to have been more restrictive than those Acts.
13(Source: P.A. 89-281, eff. 8-10-95.)
 
14    (110 ILCS 805/7-26)  (from Ch. 122, par. 107-26)
15    Sec. 7-26. Issuance of bonds not exceeding $15,000,000
16aggregate. The board may incur an indebtedness and issue bonds
17therefor in an amount or amounts not to exceed in the aggregate
18$15,000,000 for the purpose of erecting, purchasing, or
19otherwise acquiring buildings suitable for community college
20use, transferring funds to the Illinois Building Authority for
21community college building purposes, erecting temporary
22community college structures, erecting additions to,
23repairing, rehabilitating, and replacing existing community
24college buildings and temporary community college structures,
25furnishing and equipping community college buildings and

 

 

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1temporary community college structures, and purchasing or
2otherwise acquiring and improving sites for such purposes. The
3bonds may be issued without submitting the question of issuance
4thereof to the voters of the community college district for
5approval.
6    Whenever the board desires to issue bonds as herein
7authorized, it shall adopt a resolution designating the purpose
8for which the proceeds of the bonds are to be expended and
9fixing the amount of the bonds proposed to be issued, the
10schedule of the maturities thereof; and optional provisions, if
11any, and the maximum rate of interest thereon and directing the
12sale upon such terms as are determined by the board.
13    The secretary of the board shall cause such sale to be
14advertised by publication of a notice of sale once, as a legal
15notice in a newspaper having general circulation in the
16district, and once in a financial journal published in the City
17of New York, New York, or Chicago, Illinois. Such notice of
18sale shall be published not less than 7 nor more than 21 days
19prior to the date set for the sale of the bonds being
20advertised. The notice of sale shall state that sealed bids
21will be received by the board for its bonds and shall include:
22the amount, date, maturity or maturities of such bonds; the
23date, time and place of receipt of bids; the maximum
24permissible interest rate; the basis upon which the bonds will
25be awarded; call provisions, if any; and such other information
26as the board may deem pertinent.

 

 

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1    After the bonds have been awarded to the successful bidder,
2the board shall adopt a resolution confirming the sale of said
3bonds to the successful bidder, setting forth the terms of
4sale, designating the place of payment for the principal and
5interest, prescribing the form of bond and determining the
6amount of taxes to be levied annually for each of the years in
7which said bonds are outstanding for the purpose of paying the
8interest on and the principal of such bonds.
9    The bonds shall be issued in the corporate name of the
10community college district, and they shall be signed by the
11chairperson chairman and secretary of the community college
12board. The bonds shall bear interest at a rate of not more than
13the maximum rate authorized by the Bond Authorization Act, as
14amended at the time of the making of the contract, and shall
15mature within 20 years from the date of issuance, and may be
16made callable on any interest payment date at par and accrued
17interest, after notice has been given, at the time and in the
18manner provided in the bond resolution. The proceeds of sale of
19said bonds shall be received by the community college
20treasurer, and expended by the board for the purpose provided
21in the bond resolution.
22    The community college treasurer shall, before receiving
23any of such money, execute a surety bond with a surety company
24authorized to do business in this State conditioned upon the
25faithful discharge of his duties. That surety bond must pass
26approval by the community college board and, upon such

 

 

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1approval, shall be filed as otherwise required under this Act
2for the treasurer's bond. The penalty of the surety bond shall
3be in the amount of such bond issue. The surety bond shall be
4in substantially the same form as the bond otherwise required
5under this Act for the treasurer and when so given shall fully
6describe the bond issue which it specifically covers and shall
7remain in force until the funds of the bond issue are fully
8disbursed in accordance with the law.
9    Before or at the time of issuing any bonds herein
10authorized, the city council, upon the demand and under the
11direction of the board shall, by ordinance, provide for the
12levy and collection of a direct annual tax upon all the taxable
13property within the community college district sufficient to
14pay and discharge the principal thereof at maturity and to pay
15the interest thereon as it falls due. Such tax shall be levied
16and collected in like manner with the other taxes of the
17community college district and shall be in addition to and
18exclusive of the maximum of all other taxes which the board is
19authorized by law to levy for community college purposes. Upon
20the filing in the office of the county clerk of each county
21wherein such community college district is located of a
22certified copy of any such ordinance, the county clerk shall
23extend the tax therein provided for, including an amount to
24cover loss and cost of collecting such taxes and also deferred
25collections thereof and abatements in the amounts of such taxes
26as extended upon the collector's books.

 

 

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1    With respect to instruments for the payment of money issued
2under this Section either before, on, or after the effective
3date of this amendatory Act of 1989, it is and always has been
4the intention of the General Assembly (i) that the Omnibus Bond
5Acts are and always have been supplementary grants of power to
6issue instruments in accordance with the Omnibus Bond Acts,
7regardless of any provision of this Act that may appear to be
8or to have been more restrictive than those Acts, (ii) that the
9provisions of this Section are not a limitation on the
10supplementary authority granted by the Omnibus Bond Acts, and
11(iii) that instruments issued under this Section within the
12supplementary authority granted by the Omnibus Bond Acts are
13not invalid because of any provision of this Act that may
14appear to be or to have been more restrictive than those Acts.
15(Source: P.A. 89-281, eff. 8-10-95.)