(55 ILCS 5/Div. 6-3 heading) Division 6-3.
Bonds for County Buildings
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(55 ILCS 5/6-3001) (from Ch. 34, par. 6-3001)
Sec. 6-3001.
Counties of 80,000 but less than 500,000; Bonds for jail
and sheriff's residence. Any county having a population of 80,000 or more
inhabitants, but less than 500,000 inhabitants may by resolution of its
county board incur an indebtedness for the construction of a county jail
and sheriff's residence, and may issue and sell its bonds and levy taxes
upon all the taxable property of such county sufficient to pay the
principal thereof at maturity and to pay interest thereon as it falls due
but the total amount of such bonds, together with existing indebtedness,
shall not exceed the limitation provided by law for indebtedness of such
county. Taxes levied for the payment of the interest on and principal of
such bonds shall be in addition to the maximum of taxes provided by statute
for counties and shall not be subject to the limitation for county taxes
provided in Section 5-1020. In addition, a county having a population of
240,000 or more inhabitants bordering on the Mississippi River may by
resolution of its county board incur an indebtedness and issue and sell bonds
for the expansion or remodeling of a county jail and sheriff's residence.
(Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94.)
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(55 ILCS 5/6-3002) (from Ch. 34, par. 6-3002)
Sec. 6-3002.
Publication of resolution.
After the
resolution of the county board providing for the issuance
of bonds has been adopted, it shall be published in some newspaper of
general circulation in the county, once each week for three weeks. If there
is no newspaper of general circulation in the county, then copies of the
resolution shall be posted in at least five of the most public places in
the county seat of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3003) (from Ch. 34, par. 6-3003)
Sec. 6-3003.
Petition for referendum; election.
The publication or posting
of the resolution shall be accompanied by a notice of (1) the specific number
of voters required to sign a petition requesting the question of issuing bonds
for the purpose of obtaining funds to construct, expand, or remodel a
county jail and sheriff's residence to be submitted to the electors; (2) the
time in which such petition must be filed; and (3) the date of the prospective
referendum. The county clerk shall provide a petition form to any individual
requesting one. If a petition is filed with the county clerk not later than 30
days after the first publication or the posting of the resolution, signed by
voters of the county numbering 10% or more of the number of the registered
voters in the county, requesting such clerk to call an election to vote upon
the proposition of issuing bonds for the purpose of obtaining funds to
construct, expand, or remodel a county jail and sheriff's residence, it
shall be the duty of such county clerk to certify the proposition to the proper
election officials, who shall submit the proposition to the voters at an
election in accordance with the general election law. The proposition shall be
substantially in the following form:
Shall..... county issue bonds YES in the amount of $.... to construct,
expand, or remodel a county jail NO and sheriff's residence?
If a majority of the voters voting upon the aforesaid proposition
vote in favor of it, the bonds may be issued by such county, but if a
majority of the voters voting upon the proposition vote against said
proposition the county may not issue bonds for the purpose of
constructing, expanding, or remodeling a county jail and sheriff's
residence under the provisions of this Division.
(Source: P.A. 87-767; 88-572, eff. 8-11-94; 88-661, eff. 9-16-94 .)
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(55 ILCS 5/6-3004) (from Ch. 34, par. 6-3004)
Sec. 6-3004.
When resolution effective.
If no
petition is filed within the time herein provided, the
resolution shall be in full force and effect at the expiration of such
period, and such county may proceed to incur the indebtedness and may issue
and sell its bonds. If a petition is filed, the resolution shall be in
abeyance until the election and it shall only be effective if the question
of incurring the indebtedness and the issuance of bonds in the amount
described, receives the favorable vote of a majority of the voters of the
county voting on the proposition.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3004.1) (from Ch. 34, par. 6-3004.1)
Sec. 6-3004.1.
County under 80,000.
(a) Any county having a population
under 80,000 may, by resolution of its county board, incur an indebtedness
for the construction of a county jail and sheriff's residence, and issue
and sell its bonds and levy taxes upon all the taxable property of the
county sufficient to pay the principal of the bonds at maturity and to pay
interest on the bonds as it falls due, upon approval of the issuance of the
bonds at a referendum held in accordance with the general election law.
(b) The total amount of the bonds, together with existing indebtedness,
shall not exceed the limitation provided by law for indebtedness of the county.
(c) Upon adoption of the resolution, the county board shall certify the
question of the issuance of the bonds to the appropriate election
officials. The question shall be submitted to the electors of the county in
substantially the following form: Shall ... County issue bonds in the
amount of $ ... to construct a county jail and sheriff's residence? The
question is approved if a majority of the electors voting on the question
vote in favor of it.
(d) Taxes levied for the payment of the interest on and the principal of
the bonds shall be in addition to the maximum of taxes provided by statute
for counties and shall not be subject to the limitation for county taxes
provided in Section 5-1014.
(Source: P.A. 86-1028.)
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(55 ILCS 5/6-3005) (from Ch. 34, par. 6-3005)
Sec. 6-3005.
Counties of 500,000 or more but less than 1,000,000;
bonds for construction or remodeling of county jails. Any county with
a population of 500,000 or more inhabitants, but less than 1,000,000
inhabitants may by resolution of its county board incur an indebtedness for
the construction or remodeling of a county jail and for the acquisition of
land and fixtures therefor, and may issue and sell bonds therefor, and levy
taxes upon all taxable property of the county sufficient to pay the
principal on bonds at maturity and to pay the interest thereon as it
falls due.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3006) (from Ch. 34, par. 6-3006)
Sec. 6-3006.
Resolution.
The resolution of the county board
authorizing the issuance of bonds shall prescribe the details of the bonds
and specify the total amount of the bonds to be issued, the form and
denomination of the bonds, the date which they bear, the place they are
payable, the date or dates of maturity, which shall not be more than 30
years after the date of the bonds, the rate of interest, which shall not
exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% per annum, and the dates on which the interest is payable.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Division or "An Act
to authorize certain counties to incur an indebtedness and issue bonds for
the construction of county jails and sheriffs' residences", filed July 3,
1935, that may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts,
and (iii) that instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Division or "An Act to authorize
certain counties to incur an indebtedness and issue bonds for the
construction of county jails and sheriffs' residences", filed July 3, 1935,
that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-3007) (from Ch. 34, par. 6-3007)
Sec. 6-3007.
Publication of resolution.
After
the resolution of the county board providing for the
issuance of bonds has been adopted, it shall be published in one or more
newspapers of general circulation in the county, once each week for three
weeks. If there is no newspaper of general circulation in the county, then
copies of the resolution shall be posted in at least five of the most
public places in the county seat of the county. The publication or posting
of the resolution shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the
adoption of the resolution be submitted to the voters of the county; (2)
the time in which the petition must be filed; and (3) the date of the
prospective referendum. The county clerk shall provide a petition form to
any individual requesting one.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3008) (from Ch. 34, par. 6-3008)
Sec. 6-3008.
Tax levy.
The resolution authorizing the bonds
shall also provide for the levy and collection of a direct annual tax upon
all taxable property in the county sufficient to pay the principal of the
bonds at maturity, the interest on the bonds as it falls due, and the cost
of operations and maintenance of the facility. Such tax shall not exceed
.07% of the value of the property as equalized or assessed by the
Department of Revenue, but shall not be subject to any other statutory
limitations relative to taxes which may be extended for county purposes,
and shall not be subject to the limitations provided in Section 5-1020.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3009) (from Ch. 34, par. 6-3009)
Sec. 6-3009.
Execution and terms of bonds.
The bonds shall be
executed by such officials as may be provided in the resolution authorizing
the issue. The bonds may be made registerable as to principal and may be made
callable on any interest payment date at par and accrued interest after notice
has been given at the time and in the manner provided in the resolution. The
bonds shall remain valid even though one or more of the officers executing
the bonds ceases to hold office before the bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3010) (from Ch. 34, par. 6-3010)
Sec. 6-3010.
Sinking fund.
The resolution of the county board may
provide for the creation of a sinking fund to consist of the proceeds of
the taxes levied for the payment of the principal and interest upon these
bonds. The fund shall be faithfully applied to the purchase or payment of
the bonds, and the interest thereon, issued pursuant to the provisions of
this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3011) (from Ch. 34, par. 6-3011)
Sec. 6-3011.
Sale of bonds.
The bonds shall be sold to the highest
and best bidder at not less than their par value and accrued interest. The
county board shall advertise for proposals to purchase the bonds. Such
advertisement shall be published at least once in a newspaper having
circulation within the county at least 10 days prior to the date for
opening the bids. The county board may reserve the right to reject any and
all bids and to readvertise for bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3012) (from Ch. 34, par. 6-3012)
Sec. 6-3012.
Petition for referendum.
If a petition is filed with the
county clerk not later than 30 days after the first publication or the
posting of the resolution, signed by voters of the county numbering 10%
or more of the registered voters in such county,
requesting an election to vote upon the proposition of issuing bonds for
the purpose of obtaining funds to construct a county jail and sheriff's
residence, the county clerk shall certify the proposition to the proper
election officials, who shall submit the proposition to the voters at an
election in accordance with the general election law. The ballot shall be
substantially in the following form:
Shall .... county issue bonds YES in the amount of ..... to construct
a county jail? NO
If a majority of the voters voting upon the aforesaid proposition vote in
favor of it, the bonds may be issued by such county, but if a majority of
the voters voting upon the proposition vote against the proposition, the
county may not issue bonds for the purpose of constructing a county jail
under the provisions of this Division.
(Source: P.A. 86-962; 87-767 .)
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(55 ILCS 5/6-3013) (from Ch. 34, par. 6-3013)
Sec. 6-3013.
Effective date of resolution.
If no petition
is filed within the time herein provided, the resolution shall
be in full force and effect at the expiration of such 28-day
period, and such county may proceed to incur the indebtedness
and may issue and sell its bonds. If a petition is filed, the
resolution shall be in abeyance until the indebtedness and the
issuance of bonds in the amount described receives the favorable
vote of a majority of the voters of the county voting on the
proposition.
(Source: P.A. 86-962.)
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