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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-41003 (55 ILCS 5/5-41003) Sec. 5-41003. Applicability. This Division 5-41 applies to all counties except for the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.) |
55 ILCS 5/5-41005
(55 ILCS 5/5-41005)
Sec. 5-41005.
Definitions.
In this Division 5-41, unless the context
requires otherwise:
"Code" means any county ordinance that pertains to or regulates
any of the following:
animal
control; the definition, identification, and abatement of public nuisances; the
accumulation, disposal, and transportation of garbage, refuse, and other forms
of solid waste; the construction and maintenance of buildings and structures;
sanitation practices; or zoning.
"Code enforcement officer" means a county employee authorized to issue
citations for county code violations and to conduct inspections of public or
private real property to determine whether code violations exist.
However, nothing in this Division 5-41 shall be construed to allow for
administrative adjudication of an ordinance violation in the case where a State
statute or administrative rule provides for a specific method or procedure to
be followed, other than administrative adjudication, in enforcing a county
ordinance.
"Hearing officer" means a person other than a code enforcement officer
or
law enforcement officer having the following powers and duties:
(1) To preside at an administrative hearing called to | | determine whether a code violation exists.
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(2) To hear testimony and accept evidence from the
| | code enforcement officer, the respondent, and all interested parties relevant to the existence of a code violation.
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(3) To preserve and authenticate the record of the
| | hearing and all exhibits and evidence introduced at the hearing.
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(4) To issue and sign written findings and a decision
| | and order stating whether a code violation exists.
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(5) To impose penalties consistent with applicable
| | code provisions and to assess costs reasonably related to instituting the proceedings upon finding the respondent liable for the charged violation. In no event, however, shall the hearing officer have the authority to impose a penalty of incarceration.
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"Property owner" means the legal or beneficial owner of an improved or
unimproved parcel of real estate.
"Respondent" means a property owner, waste hauler, or other person charged
with liability for an alleged code violation and the person to whom the notice
of violation is directed.
"Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning waste, mixed refuse,
non-combustible refuse, and trash as defined in the Solid Waste
Disposal District Act.
"Waste hauler" means any person owning or controlling any vehicle used to
carry or transport garbage, refuse, or other forms of solid waste.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41010
(55 ILCS 5/5-41010)
Sec. 5-41010. Code hearing unit. The county board in any county
may establish by ordinance a code hearing unit
within an existing code enforcement agency or as a separate and independent
agency in county government.
A county may establish a code hearing unit and administrative adjudication
process only under the provisions of this Division 5-41.
The function of the code hearing unit
shall be to expedite the prosecution and correction of code violations
as provided in this Division 5-41.
(Source: P.A. 95-471, eff. 8-27-07.)
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55 ILCS 5/5-41012 (55 ILCS 5/5-41012) Sec. 5-41012. Fine schedule. The county board of any county that establishes a code hearing unit pursuant to this Division 5-41 may, by ordinance, establish a fine schedule for code violations. The fine schedule must include (i) a determinate fine for each code violation that may be voluntarily paid by a respondent prior to his or her hearing date and (ii) the fine that may otherwise be imposed for each code violation. The amount of each fine must be based upon the nature of the offense and the number of previous code violations a respondent was convicted of committing for the same or a related offense.
(Source: P.A. 96-1157, eff. 7-21-10.) |
55 ILCS 5/5-41015
(55 ILCS 5/5-41015)
Sec. 5-41015.
Hearing procedure not exclusive.
In any county that
establishes a code
hearing unit pursuant to the provisions of this Division 5-41, the county
is not precluded from using other methods to enforce the provisions of its
codes.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41020 (55 ILCS 5/5-41020)
Sec. 5-41020. Instituting proceedings.
(a) When a code enforcement officer observes a
code violation,
the officer
shall note or, in the case of an animal control violation, the code enforcement
officer may respond to the filing of a formal complaint by noting the violation
on a violation notice and report
form, indicating
the following:
the name and address of the respondent, if known; the name,
address, and state vehicle registration number of the waste hauler who
deposited
the waste, if applicable; the type and nature of the violation; the date and
time the violation was observed; the names of witnesses to the violation; and
the address of the location or property where the violation is observed.
(b) The violation notice and report form shall contain a file number, a hearing date, and, if approved by the county board by ordinance, the amount of any fine that may be imposed pursuant to an approved schedule of fines noted by the code enforcement officer in the blank spaces
provided for that purpose on the form. The violation notice and report form shall state that the respondent does not need to appear at the hearing on the date indicated on the form if the respondent pays the determinate fine in the amount set forth in the county's approved fine schedule for the code violation. The respondent must pay the determinate fine at least 5 days before the hearing date indicated on the violation notice and report form. The violation notice and report shall
state that if the respondent does not voluntarily pay the determinate fine in accordance with the schedule of fines or fails to appear at the hearing, if required, on the date indicated, then the failure to pay or appear, if required, may result in
a determination of liability for the cited violation and the imposition of
fines and assessment of costs as provided by the applicable county ordinance.
The violation notice and report shall also state that upon a determination of
liability and the exhaustion
of
or failure to exhaust procedures for judicial
review, any unpaid fines or costs imposed will constitute a debt due and owed
to the county.
(c) A copy of the violation notice and report form shall be served on
the respondent either personally or by first class mail, postage prepaid,
sent to the address of the respondent. If the name of the respondent property
owner cannot be ascertained or if service on the respondent cannot be made by
mail, service may be made on the respondent property owner by posting,
not less than 20 days before the hearing is
scheduled,
a copy of
the violation notice and report form in a prominent place on the property
where the violation is found.
If the violation notice and report form requires the
respondent
to answer within a certain amount of time, the
county must reply to the answer within the same amount of time afforded to
the
respondent.
(d) In lieu of a personal appearance at the hearing, a county board may provide for the voluntary payment of a determinate fine in accordance with a schedule of fines approved by ordinance and as provided in this Division 5-41.
(Source: P.A. 96-1157, eff. 7-21-10.)
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55 ILCS 5/5-41025
(55 ILCS 5/5-41025)
Sec. 5-41025.
Subpoenas; default.
(a) At any time prior to the hearing date,
at the request of the code enforcement officer, the
attorney for the county, the respondent, or the attorney for the respondent,
the hearing officer assigned to
hear the case may
issue subpoenas directing witnesses to appear and give testimony at the
hearing.
(b) If
the respondent or the respondent's attorney fails to
appear
on the date set for the hearing,
the hearing officer may find the respondent in default and shall
proceed with the hearing and accept evidence relating to the existence of a
code violation.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41030
(55 ILCS 5/5-41030)
Sec. 5-41030.
Representation at hearings. The case for the county may be presented
by the code enforcement officer or by the State's Attorney. In no
event,
however, may
the case for the county be presented by an employee of the code
hearing unit. The case for the respondent may be presented by the respondent
or the respondent's
attorney. If the respondent is a corporation, it may appear through any
officer, director, manager, or supervisor of the corporation.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41035
(55 ILCS 5/5-41035)
Sec. 5-41035.
Evidence at hearings.
The hearing officer shall preside at the hearing, shall hear testimony, and
shall
accept any evidence relevant to the existence or non-existence of a code
violation on the property indicated. The code enforcement officer's signed
violation notice and report form shall be prima facie evidence of the existence
of the code violation described in the form. The strict rules of evidence
applicable to judicial proceedings do not apply to hearings authorized under
this Division 5-41.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41040
(55 ILCS 5/5-41040)
Sec. 5-41040.
Findings, decision, and order.
At the conclusion of the hearing, the
hearing officer shall make a determination on the basis of the evidence
presented at the hearing as to whether a code violation exists. The
determination shall be in writing and shall be designated as the
hearing officer's
findings,
decision, and order. The findings, decision, and order shall include the
hearing officer's findings of fact, a determination of whether a code violation
exists based on the findings of fact, and an order imposing a fine or other
penalty, directing the respondent to correct the violation, or dismissing the
case if the violation is not proved. If the hearing officer determines
that the respondent is liable for the cited violation, the hearing officer
shall
enter an order imposing sanctions that are provided in the code for the
violations proved, including the imposition of fines and the recovery of the
costs of the proceedings. Costs may be recovered in the same manner as
fines and penalties. A copy of the findings, decision, and order
shall be served by personal service or by any method provided for service of
the violation notice and report form under Section 5-41020. The payment of
any penalty or fine or costs of the proceedings and the disposition of that
money shall be in the manner provided in this Code, unless the county
board provides otherwise when establishing the code hearing unit.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41045
(55 ILCS 5/5-41045)
Sec. 5-41045.
Administrative review.
The findings, decision, and order of
the hearing
officer shall be subject to review in the circuit court of the county.
The Administrative Review Law
and the rules adopted pursuant thereto
shall apply to and govern every action for the judicial review of the final
findings, decision, and order of a hearing officer under this Division 5-41.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41050
(55 ILCS 5/5-41050)
Sec. 5-41050.
Sanctions; transfer or conveyance of property.
The
order to
correct a code violation and the sanctions imposed by a county
against a respondent property owner as the result of a finding of a code
violation under this
Division 5-41
shall attach to the property, subject to the interests of all lien holders of
record, as well as to the owner
of the property, so that the owner cannot avoid the finding of a code violation
against the owner
by conveying or transferring the property to another.
Any subsequent transferee or owner of property takes
the property
subject to the findings,
decision, and order of a hearing officer under this Division 5-41 if a notice
consisting of a copy of the order to correct a code violation and imposing any
sanctions and costs, if applicable, and a description of the real estate
affected that is sufficient
to identify the real estate
has been filed in the
office of the Recorder or the office of the Registrar of Titles by the county
prior to the transfer or conveyance to the subsequent transferee or owner.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41055
(55 ILCS 5/5-41055)
Sec. 5-41055.
Collection of unpaid fines or other sanctions.
(a) Any fine or other sanction or costs imposed, or
any
part of any fine or other
sanction or costs imposed, remaining unpaid after the exhaustion of or failure
to exhaust procedures for judicial review under the Administrative Review Law
is a debt due and owed to the county and, as such, may be collected in
accordance with applicable law. Any subsequent owner or transferee of property
takes subject to this debt if a notice has been filed pursuant to Section
5-41050.
(b) After expiration of the period within which judicial review under the
Administrative Review Law may be sought for a final determination of the
code violation, the county may commence a proceeding in the circuit court of
the
county for purposes of obtaining a judgment on the
hearing officer's
findings, decision, and
order. Nothing in this Section prevents a county from consolidating
multiple findings, decisions, and orders against a person or property in such a
proceeding.
(c) Upon commencement of the action, the county shall file a certified
copy of the findings, decision, and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision,
and order were issued in accordance with this
Division 5-41 and the applicable county
ordinance. Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil Procedure or by certified
mail, return receipt requested, provided that the total amount of fines
or
other
sanctions and costs imposed by the findings, decision, and order does not
exceed
$5,000.
(d) If the court is satisfied that the findings, decision, and order were
entered within the requirements of this Division 5-41 and the applicable county
ordinance and that the respondent had an opportunity for a hearing under this
Division 5-41 and for judicial review as provided in Section 5-41045:
(1) The court shall render judgment in favor of the | | county and against the respondent for the amount indicated in the findings, decision, and order plus court costs. The judgment has the same effect and may be enforced in the same manner as other judgments for the recovery of money.
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(2) The court may issue other orders or injunctions,
| | or both, requested by the county to enforce the order of the hearing officer or to correct a code violation.
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(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41060
(55 ILCS 5/5-41060)
Sec. 5-41060.
Adoption of other necessary provisions by county.
Any county establishing a code hearing unit by ordinance under this
Division 5-41 may adopt other provisions necessary and proper to carry into
effect the powers granted and the purposes stated in this Division.
(Source: P.A. 90-517, eff. 8-22-97.)
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55 ILCS 5/5-41065 (55 ILCS 5/5-41065) (Section scheduled to be repealed on January 1, 2026) Sec. 5-41065. Mechanics lien demand and referral adjudication. (a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8. (b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8. (c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction. (d) This Section is repealed on January 1, 2026. (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.) |
55 ILCS 5/Div. 5-42
(55 ILCS 5/Div. 5-42 heading)
Division 5-42. Wind Farms
(Source: P.A. 96-328, eff. 8-11-09 .) |
55 ILCS 5/5-42000 (55 ILCS 5/5-42000) Sec. 5-42000. Wind farms. A county may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the county. The county may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08; 96-328, eff. 8-11-09.) |
55 ILCS 5/Div. 5-43
(55 ILCS 5/Div. 5-43 heading)
Division 5-43. Administrative Adjudication -
Specified Counties (Source: P.A. 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.) |
55 ILCS 5/5-43005 (55 ILCS 5/5-43005) Sec. 5-43005. Applicability. This Division 5-43 applies only to the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.) |
55 ILCS 5/5-43010 (55 ILCS 5/5-43010) Sec. 5-43010. Administrative adjudication of code and ordinance violations; definitions. (a) Any county may provide by ordinance for a system of administrative adjudication of county code violations to the extent permitted by the Illinois Constitution. (b) Any county may provide by ordinance for a system of administrative adjudication of violations of ordinances enacted by a participating unit of local government only where: (i) the unit of local government is engaging in governmental activities or providing services within the boundaries of the county; (ii) the unit of local government has no system of administrative adjudication; and (iii) the violation occurred within the boundaries of the county. (c) As used in this Division: "Participating unit of local government" means a unit of local government which has entered into an intergovernmental agreement or contract with a county for the administrative adjudication of violations of its ordinances by the county pursuant to this Division. "System of administrative adjudication" means the adjudication of any violation of a county ordinance or of a participating unit of local government's ordinance, except for (i) proceedings not within the statutory or the home rule authority of counties or a participating unit of local government; and (ii) any offense under the Illinois Vehicle Code (or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code). "Unit of local government" has the meaning as defined in the Illinois Constitution of 1970 and also includes a not-for-profit corporation organized for the purpose of conducting public business including, but not limited to, the Northeast Illinois Regional Commuter Railroad Corporation.
(Source: P.A. 99-754, eff. 1-1-17 .) |
55 ILCS 5/5-43015 (55 ILCS 5/5-43015) Sec. 5-43015. Administrative adjudication procedures not exclusive. The adoption by a county of a system of administrative adjudication does not preclude the county from using other methods to enforce county ordinances. An intergovernmental agreement or contract entered into between a county and participating unit of local government under this Division does not preclude a participating unit of local government from using other methods to enforce its ordinances.
(Source: P.A. 99-754, eff. 1-1-17 .) |
55 ILCS 5/5-43020 (55 ILCS 5/5-43020) Sec. 5-43020. Code hearing units; powers of hearing officers. (a) An ordinance establishing a system of administrative adjudication, pursuant to this Division, shall provide for a code hearing unit within an existing agency or as a separate agency in the county government. The ordinance shall establish the jurisdiction of a code hearing unit that is consistent with this Division. The "jurisdiction" of a code hearing unit refers to the particular code violations that it may adjudicate. (b) Adjudicatory hearings shall be presided over by hearing officers. The powers and duties of a hearing officer shall include: (1) hearing testimony and accepting evidence that is | | relevant to the existence of the code violation;
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| (2) issuing subpoenas directing witnesses to appear
| | and give relevant testimony at the hearing, upon the request of the parties or their representatives;
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| (3) preserving and authenticating the record of the
| | hearing and all exhibits and evidence introduced at the hearing;
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| (4) issuing a determination, based on the evidence
| | presented at the hearing, of whether a code violation exists, which shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; and
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| (5) imposing penalties consistent with applicable
| | code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to: (i) impose a penalty of incarceration; or (ii) impose a fine in excess of $50,000, or at the option of the county for a fine imposed for a violation of a county ordinance or at the option of a participating unit of local government for a fine imposed for violation of an ordinance of the participating unit of local government, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the county is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the county's ordinances or participating unit of local government's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the county or participating unit of local government.
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| (c) Prior to conducting administrative adjudication proceedings, administrative hearing officers shall have successfully completed a formal training program that includes the following:
(1) instruction on the rules of procedure of the
| | administrative hearings that they will conduct;
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| (2) orientation to each subject area of the code
| | violations that they will adjudicate;
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| (3) observation of administrative hearings; and
(4) participation in hypothetical cases, including
| | ruling on evidence and issuing final orders.
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| In addition, every administrative hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years.
(d) A proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the county or participating unit of local government.
(Source: P.A. 99-754, eff. 1-1-17 .)
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55 ILCS 5/5-43025 (55 ILCS 5/5-43025) Sec. 5-43025. Administrative hearing proceedings. (a) Any ordinance establishing a system of administrative adjudication, pursuant to this Division, shall afford parties due process of law, including notice and opportunity for hearing. Parties shall be served with process in a manner reasonably calculated to give them actual notice, including, as appropriate, personal service of process upon a party or its employees or agents; service by mail at a party's address; or notice that is posted upon the property where the violation is found when the party is the owner or manager of the property. In counties with a population under 3,000,000, if the notice requires the respondent to answer within a certain amount of time, the county or participating unit of local government must reply to the answer within the same amount of time afforded to the respondent. (b) Parties shall be given notice of an adjudicatory hearing that includes the type and nature of the code violation to be adjudicated, the date and location of the adjudicatory hearing, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing. (c) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, except that for hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for a hearing. For purposes of this subsection (c), "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the mail.
(Source: P.A. 99-754, eff. 1-1-17 .) |
55 ILCS 5/5-43030 (55 ILCS 5/5-43030) Sec. 5-43030. Rules of evidence shall not govern. The formal and technical rules of evidence do not apply in an adjudicatory hearing permitted under this Division. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(Source: P.A. 96-1386, eff. 7-29-10.) |
55 ILCS 5/5-43035 (55 ILCS 5/5-43035) Sec. 5-43035. Enforcement of judgment. (a) Any non-real property tax, fee, fine, other sanction, or costs, or part of any non-real property tax, fee, fine, other sanction, or costs unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Administrative Review Law are a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and may be collected in accordance with applicable law. (b) After expiration of the period in which judicial review under the Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (c) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any non-real property tax, fee, fine, or other sanction as a result of a code violation, any expenses incurred by a county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for the hearing, which shall not be less than 7 days after the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail. (c-5) A default in the payment of a non-real property tax, fee, fine, or penalty or any installment of a non-real property tax, fee, fine, or penalty may be collected by any means authorized for the collection of monetary judgments. The State's Attorney of the county in which the non-real property tax, fee, fine, or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any non-real property tax, fee, fine, or penalty or installment of that non-real property tax, fee, fine, or penalty. Any fees or costs incurred by the county or participating unit of local government with respect to attorneys or private collection agents retained by the State's Attorney under this Section shall be charged to the offender. (d) Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. (e) A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, did not provide proper service of process. If any judgment is set aside pursuant to this subsection (e), the hearing officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, as a result of the vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, eff. 1-1-17; 100-201, eff. 8-18-17; 100-221, eff. 1-1-18 .) |
55 ILCS 5/5-43040 (55 ILCS 5/5-43040) Sec. 5-43040. Impact on existing administrative adjudication systems. This Division does not affect the validity of systems of administrative adjudication that were authorized by State law, including home rule authority, and in existence before July 29, 2010 (the effective date of Public Act 96-1386).
(Source: P.A. 99-754, eff. 1-1-17 .) |
55 ILCS 5/5-43043 (55 ILCS 5/5-43043) (Section scheduled to be repealed on January 1, 2026) Sec. 5-43043. Mechanics lien demand and referral adjudication. (a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8. (b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8. (c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction. (d) This Section is repealed on January 1, 2026. (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.) |
55 ILCS 5/5-43045 (55 ILCS 5/5-43045) Sec. 5-43045. Impact on home rule authority. This Division does not preempt counties or participating units of local government from adopting other systems of administrative adjudication pursuant to their home rule powers.
(Source: P.A. 99-754, eff. 1-1-17 .) |
55 ILCS 5/Div. 5-44
(55 ILCS 5/Div. 5-44 heading)
Division 5-44. Local Government Reduction and Efficiency
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44005 (55 ILCS 5/5-44005) Sec. 5-44005. Findings and purpose. (a) The General Assembly finds: (1) Illinois has more units of local government than | | (2) The large number of units of local government
| | results in the inefficient delivery of governmental services at a higher cost to taxpayers.
|
| (3) In a number of cases, units of local government
| | provide services that are duplicative in nature, as they are provided by other units of local government.
|
| (4) It is in the best interest of taxpayers that more
| | efficient service delivery structures be established in order to replace units of local government that are not financially sustainable.
|
| (5) Units of local government managed by appointed
| | governing boards not directly accountable to the electorate can encourage a lack of oversight and complacency that is not in the best interest of taxpayers.
|
| (6) Various provisions of Illinois law governing the
| | dissolution of units of local government are inconsistent and outdated.
|
| (7) The lack of a streamlined method to consolidate
| | government functions and to dissolve units of local government results in an unfair tax burden on the citizens of the State of Illinois residing in those units of local government and prevents the expenditure of limited public funds for critical programs and services.
|
| (b) The purpose of this Act is to provide county boards with supplemental authority
regarding the dissolution of units of local government and
the consolidation of governmental functions.
(Source: P.A. 98-126, eff. 8-2-13.)
|
55 ILCS 5/5-44010 (55 ILCS 5/5-44010) Sec. 5-44010. Applicability. The powers and authorities provided by this Division 5-44 apply to all counties and units of local government within such counties.
(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18 .) |
55 ILCS 5/5-44015 (55 ILCS 5/5-44015) Sec. 5-44015. Powers; supplemental. The Sections of this Division 5-44
are intended to be supplemental and in addition to all
other powers and authorities granted to any county board, shall be construed liberally, and shall not be
construed as a limitation of any power or authority
otherwise granted.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44020 (55 ILCS 5/5-44020) Sec. 5-44020. Definitions. In this Division 5-44: "Fire protection jurisdiction" means a fire protection district, municipal fire department, or service organized under Section 5-1056.1 of the Counties Code, Sections 195 and 200 of the Township Code, Section 10-2.1 of the Illinois Municipal Code, or the Illinois Fire Protection District Act. "Governing board" means the individual or individuals who constitute the
corporate authorities of a unit of local government. "Unit of local government" or "unit" means any unit of local government located entirely within one county, to which the county board chairman or county executive directly appoints a majority of its governing board with the advice and consent of the county board, but shall not include a fire protection district that directly employs any regular full-time employees, a conservation district organized under the Conservation District Act, a special district organized under the Water Commission Act of 1985, a community mental health board established under the Community Mental Health Board Act, or a board established under the Community Care for Persons with Developmental Disabilities Act.
(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18; 100-1129, eff. 1-1-19.) |
55 ILCS 5/5-44025 (55 ILCS 5/5-44025) Sec. 5-44025. Dissolution of units of local government. (a) A county board may, by ordinance, propose the dissolution of a unit of local government. The ordinance shall detail the purpose and cost savings to be achieved by such dissolution, and be published in a newspaper of general circulation served by the unit of local
government and on the county's website, if applicable. (b) Upon the effective date of an ordinance enacted pursuant to subsection (a) of this Section, the chairman of the county board shall cause an audit of all claims against the unit, all receipts of the unit, the inventory of all real and personal property owned by the unit or under its control or management, and any debts owed by the unit. The chairman may, at his or her discretion, undertake any other
audit or financial review of the affairs of the unit. The
person or entity conducting such audit shall report the
findings of the audit to the county board and to the chairman of the
county board within 30 days or as soon thereafter as is practicable. (c) Following the return of the audit report required by subsection (b) of this Section, the county board may adopt an ordinance authorizing the dissolution of the unit not less than 60 days following the court's appointment of a trustee-in-dissolution as provided in this Division. Upon adoption of the ordinance, but not before the end of the 30-day period set forth in subsection (e) of this Section and prior to its effective date, the chairman of the county board shall petition the circuit court for an order designating a trustee-in-dissolution for the unit, immediately terminating the terms of the members of the governing board of the unit of local government, and providing for the compensation of the trustee, which shall be paid from the corporate funds of the unit. (d) Upon the court's appointment of a trustee-in-dissolution, and notwithstanding any other provision of law, the State's attorney, or his or her designee, shall become the exclusive legal representative of the dissolving unit of local government. The county treasurer shall become the treasurer of the unit of local government and the county clerk shall become the secretary of the unit of local government. (e) Any dissolution of a unit of local government proposed pursuant to this Act shall be subject to a backdoor referendum. Upon adoption of the authorizing ordinance enacted pursuant to subsection (c) of this Section, the county shall publish a notice that includes: (1) the specific number of voters required to sign a petition requesting that the question of dissolution be submitted to referendum; (2) the time when such petition must be filed; (3) the date of the prospective referendum; and (4) the statement of the cost savings and the purpose or basis for the dissolution as set forth in the authorizing ordinance under subsection (a) of this Section. The county's election authority shall provide a petition form to anyone requesting one. If no petition is filed with the county's election authority within 30 days of publication of the authorizing ordinance and notice, the chairman of the county board is authorized to proceed pursuant to subsection (c) of this Section. However, the election authority shall certify the question for submission at the next election held in accordance with general election law if a petition: (1) is filed within the 30-day period; (2) is signed by electors numbering either 7.5% of the registered voters in the governmental unit or 200 registered voters, whichever is less; and (3) asks that the question of dissolution be submitted to referendum. The election authority shall submit the question to voters residing in the area served by the unit of local government in substantially the following form: Shall the county board be authorized to dissolve | | [name of unit of local government]?
|
| The election authority shall record the votes as "Yes" or "No".
If a majority of the votes cast on the question at such election are in favor of dissolution of the unit of local government and provided that notice of the referendum was provided as set forth in Section 12-5 of the Election Code, the chairman of the county board is authorized to proceed pursuant to subsection (c) of this Section.
(Source: P.A. 100-1113, eff. 1-1-19 .)
|
55 ILCS 5/5-44030 (55 ILCS 5/5-44030) Sec. 5-44030. Trustee-in-dissolution; powers and duties. (a) The trustee-in-dissolution shall have the following powers and duties: (1) to execute all of the powers and duties of the | | (2) to levy and rebate taxes, subject to the approval
| | of the county board, for the purpose of paying the debts, obligations, and liabilities of the unit that are outstanding on the date of the dissolution and the necessary expenses of closing up the affairs of the district if these funds are not available from the unit of local government's general fund;
|
| (3) to present, within 30 days of his or her
| | appointment, a plan for the consolidation and dissolution of the unit of local government to the county board for its approval. The plan shall identify what functions, if any, of the unit of local government shall be undertaken by the county upon dissolution and whether any taxes previously levied for the provision of these functions shall be maintained;
|
| (4) to enter into an intergovernmental agreement with
| | one or more governmental entities to utilize existing resources including, but not limited to, labor, materials, and property, as may be needed to carry out the foregoing duties;
|
| (5) to enter into an intergovernmental agreement with
| | the county to combine or transfer any of the powers, privileges, functions, or authority of the unit of local government to the county as may be required to facilitate the transition; and
|
| (6) to sell the property of the unit and, in case any
| | excess remains after all liabilities of the unit are paid, the excess shall be transferred to a special fund created and maintained by the county treasurer to be expended solely to defer the costs incurred by the county in performing the duties of the unit, subject to the requirements of Section 5-44035 of this Division. Nothing in this Section shall prohibit the county from acquiring any or all real or personal property of the district.
|
| (b) For fire protection jurisdictions, the trustee-in-dissolution shall not have:
(1) the powers enumerated in this Section unless the
| | dissolution of that unit of local government shall not increase the average response times nor decrease the level of services provided; and
|
| (2) the power to decrease the levy that is in effect
| | on or before the date of dissolution of the fire protection jurisdiction that affects the provision of fire and emergency medical services.
|
|
(Source: P.A. 98-126, eff. 8-2-13.)
|
55 ILCS 5/5-44035 (55 ILCS 5/5-44035) Sec. 5-44035. Outstanding indebtedness. (a) In case any unit
dissolved pursuant to this Division has bonds or notes
outstanding that are a lien on funds available in the
treasury at the time of consolidation, such lien shall be
unimpaired by such dissolution and the lien shall continue
in favor of the bond or note holders. The funds available
subject to such a lien shall be set apart and held for the
purpose of retiring such secured debt and no such funds
shall be transferred into the general funds of the county. (b) In case any unit dissolved pursuant to this Division
has unsecured debts outstanding at the time of dissolution,
any funds in the treasury of such unit or otherwise
available and not committed shall, to the extent necessary,
be applied to the payment of such debts. (c) All property in the territory served by the dissolved unit of government shall be subject to taxation to pay the debts, bonds, and obligations of the dissolved district. The county board shall abate this taxation upon the discharge of all outstanding obligations.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44040 (55 ILCS 5/5-44040) Sec. 5-44040. Effect of dissolution. Immediately upon the dissolution of a unit of local government pursuant to this Division: (a) Notwithstanding the provisions of the Special Service Area Tax Law of the Property Tax Code that pertain to the establishment of special service areas, all or part of the territory formerly served by the dissolved unit of local government may be established as a special service area or areas of the county if the county board by resolution determines that this designation is necessary for it to provide services. The special service area, if created, shall include all territory formerly served by the dissolved unit of local government if the dissolved unit has outstanding indebtedness. If the boundaries of a special service area created under this subsection include territory within a municipality, the corporate authorities of that municipality may, with the consent of the county, assume responsibility for the special service area and become its governing body. All or part of the territory formerly served by a dissolved fire protection jurisdiction shall not be established as a special service area unless the creation of the special service area does not increase the average response times nor decrease the level of service provided. (b) In addition to any other powers provided by law, the governing body of a special service area created pursuant to this subsection shall assume and is authorized to exercise all the powers and duties of the dissolved unit with respect to the special service area. The governing body is also authorized to continue to levy any tax previously imposed by the unit of local government within the special service area. However, the governing board shall not have the power to decrease the levy that is in effect on or before the date of dissolution of the fire protection jurisdiction that affects the provision of fire and emergency medical services. (c) Subsequent increases of the current tax levy within the special service area or areas shall be made in accordance with the provisions of the Special Service Area Tax Law of the Property Tax Code.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44043 (55 ILCS 5/5-44043) Sec. 5-44043. Rights and obligations of employees. (a) The status and rights of employees represented by an exclusive bargaining representative shall not be affected by the dissolution of a unit of local government under this Division, except that this subsection does not apply in DuPage, Lake, and McHenry Counties for actions taken before the effective date of this amendatory Act of the 100th General Assembly. (b) Obligations of the dissolving unit of local government assumed by the trustee-in-dissolution, county, or governing body of a special service area include the obligation to honor representation rights under the Illinois Public Labor Relations Act and any collective bargaining agreements existing on the date of dissolution of the unit of local government. (c) The rights of employees under any pensions, retirement plans, or annuity plans existing on the date of dissolution of the unit of local government are not affected by the dissolution of a unit of local government under this Division.
(Source: P.A. 100-107, eff. 1-1-18 .) |
55 ILCS 5/5-44045 (55 ILCS 5/5-44045) Sec. 5-44045. Abatement of levy. Whenever a county has
dissolved a unit of local government pursuant to this Division,
the county or municipality shall, within 6 months of the effective date of the
dissolution and every year thereafter, evaluate the need to
continue any existing tax levy until the county or municipality abates the levy in the manner set forth by the Special Service Area Tax Law of the Property Tax Code.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44050 (55 ILCS 5/5-44050) Sec. 5-44050. Tax collection and enforcement. The dissolution of a unit of
government pursuant to this Division shall not adversely affect
proceedings for the collection or enforcement of any tax.
Those proceedings shall continue to finality as
though no dissolution had taken place. The proceeds thereof
shall be paid over to the treasurer of the county to be
used for the purpose for which the tax was levied
or assessed. Proceedings to collect and enforce such taxes
may be instituted and carried on in the name of the unit.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44055 (55 ILCS 5/5-44055) Sec. 5-44055. Litigation. All suits pending in any court
on behalf of or against a unit dissolved pursuant to this
Division may be prosecuted or defended in the name of the
county by the State's attorney. All judgments obtained for
a unit dissolved pursuant to this Division shall be collected and enforced by the
county for its benefit.
(Source: P.A. 98-126, eff. 8-2-13.) |
55 ILCS 5/5-44060 (55 ILCS 5/5-44060) Sec. 5-44060. (Repealed).
(Source: P.A. 99-634, eff. 7-22-16. Repealed internally, eff. 1-1-18.) |
55 ILCS 5/Div. 5-45
(55 ILCS 5/Div. 5-45 heading)
Division 5-45. County Design-Build Authorization
(Source: P.A. 102-954, eff. 1-1-23.) |
55 ILCS 5/5-45001 (55 ILCS 5/5-45001) Sec. 5-45001. Short title. This Division may be cited as the County Design-Build Authorization Act.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45005 (55 ILCS 5/5-45005) Sec. 5-45005. Purpose. The purpose of this Division is to authorize counties to use design-build processes to increase the efficiency and effectiveness of delivering public projects.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45010 (55 ILCS 5/5-45010) Sec. 5-45010. Definitions. As used in this Division: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-bid-build" means the traditional delivery system used on public projects that incorporates the competitive bidding
process set forth in this Code. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services as required and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Division between a county and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required; and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Division. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as defined in this Division and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Division. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art which is exhibited in a public space including publicly accessible buildings, or interpretive exhibits including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the county to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, including, but not limited to, the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45015 (55 ILCS 5/5-45015) Sec. 5-45015. Solicitation of proposals. (a) A county may enter into design-build contracts. In addition to the requirements set forth in its local ordinances, when the county elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The county must publish the advance notice in the manner prescribed by ordinance, which shall include posting the advance notice online on its website. The county may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The county must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information: (1) The name of the county. (2) A preliminary schedule for the completion of the | | (3) The proposed budget for the project, the source
| | of funds, and the currently available funds at the time the request for proposal is submitted.
|
| (4) Prequalification criteria for design-build
| | entities wishing to submit proposals. The county shall include, at a minimum, its normal qualifications, licensing, registration, and other requirements; however, nothing precludes the use of additional prequalification criteria by the county.
|
| (5) Material requirements of the contract, including,
| | but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
|
| (6) The performance criteria.
(7) The evaluation criteria for each phase of the
| | solicitation. Price may not be used as a factor in the evaluation of Phase I proposals.
|
| (8) The number of entities that will be considered
| | for the technical and cost evaluation phase.
|
| (c) The county may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The county shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 102-954, eff. 1-1-23 .)
|
55 ILCS 5/5-45020 (55 ILCS 5/5-45020) Sec. 5-45020. Development of scope and performance criteria. (a) The county shall develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the county's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery
requirements. (b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the county to be produced by the design-build entities. (c) The scope and performance criteria shall be prepared by a design professional or public art designer who is an employee of the county, or the county may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the county to make modifications in the project scope without invalidating the design-build contract.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45025 (55 ILCS 5/5-45025) Sec. 5-45025. Procedures for Selection. (a) The county must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The county shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the county has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the county. The county must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The county shall include the following criteria in every Phase I evaluation of design-build entities: (i) experience of personnel; (ii) successful experience with similar project types; (iii) financial capability; (iv) timeliness of past performance; (v) experience with similarly sized projects; (vi) successful reference checks of the firm; (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants; and (viii) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act. The county may include any additional relevant
criteria in Phase I that it deems necessary for a proper qualification review. The county may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including, but not limited to, long-term leasehold, mutual performance, or development contracts with the county, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No proposal shall be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act. Upon completion of the qualifications evaluation, the county shall create a shortlist of the most highly qualified design-build entities. The county, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, provided that no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. The county shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of the Phase II technical and cost evaluations. The county must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the county. (c) The county shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the county. The county must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The county shall include the following criteria in every Phase II technical evaluation of design-build entities: (i) compliance with objectives of the project; (ii) compliance of proposed services to the request for proposal requirements; (iii) quality of products or materials proposed; (iv) quality of design parameters; (v) design concepts; (vi) innovation in meeting the scope and performance criteria; and (vii) constructability of the proposed project. The county may include any additional relevant technical evaluation factors it deems necessary for proper selection. The county shall include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The county may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor shall not exceed 30%. The county shall directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost submissions evaluation, the county may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 102-954, eff. 1-1-23; 103-154, eff. 6-30-23.) |
55 ILCS 5/5-45030 (55 ILCS 5/5-45030) Sec. 5-45030. Small projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the county may combine the two-phase procedure for selection described in Section 5-45025 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 5-45025.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45035 (55 ILCS 5/5-45035) Sec. 5-45035. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. Proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals, public art
designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The county shall have the right to reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The county shall review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the county, clear and convincing evidence of error is required for withdrawal.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45040 (55 ILCS 5/5-45040) Sec. 5-45040. Award; performance. The county may award the contract to the highest overall ranked design-build entity. Notice of award shall be made in writing. Unsuccessful design-build entities shall also be notified in writing. The county may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The county may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals shall
conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45045 (55 ILCS 5/5-45045) Sec. 5-45045. Reports and evaluation. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity shall detail, in a written report submitted to the county, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45047 (55 ILCS 5/5-45047) Sec. 5-45047. Exception. Nothing in this Division shall prevent a county from using a qualification-based selection process for design professionals or construction managers for design-build projects.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/5-45050 (55 ILCS 5/5-45050) Sec. 5-45050. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-954, eff. 1-1-23 .) |
55 ILCS 5/Art. 6
(55 ILCS 5/Art. 6 heading)
ARTICLE 6.
FINANCE
|
55 ILCS 5/Div. 6-1
(55 ILCS 5/Div. 6-1 heading)
Division 6-1.
Budget - Counties Not Required to
Pass an Annual Appropriation Bill
|
55 ILCS 5/6-1001
(55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
Sec. 6-1001. Annual budget. In all counties not required by law
to pass an annual appropriation bill within the first quarter of the fiscal
year, the county board or board of county commissioners, as the case may
be, shall adopt each year an annual budget under the terms of this Division
for the succeeding fiscal year. Such budget shall be prepared by some
person or persons designated by the county board and such budget shall be
made conveniently available to public inspection and provided to the public at a public meeting at least fifteen days
prior to final action thereon except that nothing in this Act shall restrict a county board or board of county commissioners from acting at a public meeting to amend a budget after making that budget available to the public and prior to final adoption. Notices pertaining to the meeting and the proposed budget shall be posted on the county's website, if it maintains one. If a county does not maintain a website, then the county shall comply with the Open Meetings Act in giving notice of such agenda items and make the proposed budget available for public inspection. The vote on such budget shall be taken by
ayes and nays and entered on the record of the meeting. The annual budget
adopted under this Act shall cover such a fiscal period of one year to be
determined by the county board of each county except as hereinafter
provided and all appropriations made therein shall terminate with the close
of said fiscal period except as hereinafter provided, provided, however,
that any remaining balances shall be available until 30 days after the
close of the fiscal year in counties with a population of less
than
100,000, and until 90 days after the close of the fiscal year in
counties
with a population of more than 100,000 but less than 3,000,000 inhabitants,
only for the authorization of the payment of
obligations incurred prior to the close of said fiscal period. Any county
which determines to change its fiscal year may adopt a budget to cover such
period greater or less than a year as may be necessary to effect such
change and appropriations made therein shall terminate with the close
of such period.
(Source: P.A. 99-273, eff. 1-1-16 .)
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55 ILCS 5/6-1002
(55 ILCS 5/6-1002) (from Ch. 34, par. 6-1002)
Sec. 6-1002. Contents of annual budget. The annual budget shall
contain: (a) A statement of the receipts and payments and a | | statement of the revenues and expenditures of the fiscal year last ended.
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(b) A statement of all moneys in the county treasury
| | or in any funds thereof, unexpended at the termination of the fiscal year last ended, of all amounts due or accruing to such county, and of all outstanding obligations or liabilities of the county incurred in any preceding fiscal year.
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(c) Estimates of all probable income for the current
| | fiscal year and for the ensuing fiscal year covered by the budget, specifying separately for each of said years the estimated income from taxes, from fees, and from all other sources. The estimated income from fees shall indicate both the estimated total receipts from fees by county fee officers and the estimated net receipts from fees to be paid into the county treasury.
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(d) A detailed statement showing estimates of
| | expenditures for the current fiscal year, revised to the date of such estimate, and, separately, the proposed expenditures for the ensuing fiscal year for which the budget is prepared. Said revised estimates and proposed expenditures shall show the amounts for current expenses and capital outlay, shall specify the several objects and purposes of each item of current expenses, and shall include for each of said years all floating indebtedness as of the beginning of the year, the amount of funded debt maturing during the year, the interest accruing on both floating and funded debt, and all charges fixed or imposed upon counties by law.
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(e) A schedule of proposed appropriations itemized as
| | provided for proposed expenditures included in the schedule prepared in accordance with the provisions of paragraph (d) hereof, as approved by the county board or the board of county commissioners. Said schedule, when adopted in the manner set forth herein, shall be known as the annual appropriation ordinance. An amount not exceeding five per cent. of the total may be appropriated for contingent, incidental, miscellaneous, or general county purposes, but no part of the amounts so appropriated shall be used for purposes for which other appropriations are made in such budget unless a transfer of funds is made as authorized by this Division.
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(f) A detailed statement showing any bonuses or
| | increase in any salary, wage, stipend, or other form of compensation that is not subject to a collective bargaining agreement for every agency, department, or any other entity receiving an appropriation from the county, regardless of whether the employee receiving them is part of a collective bargaining unit.
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| The provisions of paragraphs (a) and (b) of this Section shall not apply
to the first budget prepared under the provisions of this Division.
The schedules of proposed appropriations for debt financing shall
indicate all funded or unfunded or floating indebtedness, the steps taken,
if any, to incur additional indebtedness, and the means and amounts
employed or to be employed for the reduction or payment of existing or
proposed indebtedness or for interest thereon.
The budget shall classify all estimated receipts and proposed
expenditures, and all amounts in the treasury of the county, under the
several county funds now provided by law.
At any point following the adoption of the annual budget, if the county
board determines by a 2/3 vote of all members constituting such board, that
revenue received, or to be received, by the county during the then present
fiscal year totals an amount substantially less than that projected at the
time of adoption of the annual budget for that fiscal year, such board,
by like vote, may adopt an amended budget for the remainder of the then
present fiscal year. The authority of the county board to amend the annual
appropriation ordinance at any point during the fiscal year shall be the
same as its authority to determine and adopt the original annual budget;
such amended budget shall be prepared as otherwise provided in this Section.
(Source: P.A. 98-419, eff. 8-16-13.)
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55 ILCS 5/6-1002.5
(55 ILCS 5/6-1002.5)
Sec. 6-1002.5. Capital Improvement, Repair, or Replacement Fund.
(a) In the preparation of the annual budget, an amount not to exceed 3% of the equalized assessed value of property subject to taxation by the county may be accumulated in a separate fund
for the purpose of making specified capital improvements, repairs,
or replacements with respect to real property or equipment or other tangible
personal property of the county. Any amount so accumulated shall be deposited
into a special fund to be known as the County Capital Improvement, Repair, or
Replacement Fund ("the Fund"). Expenditures from the Fund shall be budgeted in
the fiscal year in which the capital improvement, repair, or replacement
will occur.
(b) Moneys shall be transferred from the Fund into the county's general
corporate or operating fund as follows:
(1) When a capital improvement, repair, or | | replacement project is completed, or when such a project is abandoned, and the county board determines that there remain in the Fund unspent moneys that were budgeted for the project, those unspent moneys shall be transferred.
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(2) When the county board determines that surplus
| | moneys, not needed for any capital improvement, repair, or replacement project for which the Fund was established, remain in the Fund, those surplus moneys shall be transferred.
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Moneys transferred to the county's general corporate or operating fund under
this
subsection shall be transferred on the first day of the fiscal year following
the fiscal year in
which the unspent or surplus moneys were determined to
exist.
(Source: P.A. 99-19, eff. 1-1-16 .)
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55 ILCS 5/6-1003 (55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003) Sec. 6-1003. Further appropriations barred; transfers. After the adoption of the county budget, no further appropriations shall be made at any other time during such fiscal year, except as provided in this Division. Appropriations in excess of those authorized by the budget in order to meet an immediate emergency may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting. After the adoption of the county budget, transfers of appropriations may be made without a vote of the board; however, transfers of appropriations affecting personnel and capital may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting, provided for any type of transfer that the total amount appropriated for the fund is not affected. This Section applies to all elected officials, including elected officials with control of the internal operations of their office. (Source: P.A. 103-865, eff. 1-1-25 .) |
55 ILCS 5/6-1004
(55 ILCS 5/6-1004) (from Ch. 34, par. 6-1004)
Sec. 6-1004.
Supplemental budget.
Any county board which has adopted
its annual budget may, by a like vote as is required for the adoption of
the annual budget, adopt a supplemental budget to provide for payment of
the expenses of the county in connection with elections of members of the
Constitutional Convention or elections called for submission to the
electors of any revision, alteration or amendments of the Constitution
adopted by the Constitutional Convention.
(Source: P.A. 86-962.)
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55 ILCS 5/6-1005
(55 ILCS 5/6-1005) (from Ch. 34, par. 6-1005)
Sec. 6-1005.
Contract or obligation in excess of appropriation.
Except as herein provided, neither the county board nor any one on
its behalf shall have power, either directly or indirectly, to make any
contract or do any act which adds to the county expenditures or liabilities
in any year anything above the amount provided for in the annual budget for
that fiscal year. Provided, however, that the County Board may lease from
any Public Building Commission created pursuant to the provisions of the
Public Building Commission Act, approved July 5, 1955, as heretofore or
hereafter amended, any real or personal property for county purposes for
any period of time not exceeding twenty years, and such lease may be made
and the obligation and expense thereunder incurred without making a
previous appropriation therefor, except as otherwise provided in Section
5-1108. Nothing contained herein shall be construed to deprive the board of
the power to provide for and cause to be paid from the county funds any
charge upon said county imposed by law independently of any action of such
board. Except as herein provided, no contract shall be entered into and no
obligation or expense shall be incurred by or on behalf of a county unless
an appropriation therefor has been previously made.
(Source: P.A. 86-962.)
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55 ILCS 5/6-1006
(55 ILCS 5/6-1006) (from Ch. 34, par. 6-1006)
Sec. 6-1006. Accounts for each fund. The county treasurer shall keep
a separate account with each fund to show at all times the cash balance
thereof, the amount received for the credit of such fund, and the amount of
the payments made therefrom. Except as otherwise provided, the county auditor in each county under
township organization containing over 75,000 inhabitants and the county
clerk in each other county shall keep a similar account with each fund, and
in addition shall maintain an account with each appropriation of each fund
to show: (a) the amount appropriated, (b) the date and amount of each
transfer from or to such appropriation and the appropriations to which or
from which transfers were made, (c) the amount paid out under the
appropriation, (d) the amount of outstanding obligations incurred under the
appropriation, (e) the amount of the encumbered balance of the
appropriations, and (f) the amount of the free balance of the appropriation. With respect to a County Bridge Fund, a Matching Tax Fund, and a Motor Fuel Tax Fund, the county auditor in a county under township organization containing over 75,000 inhabitants and the county clerk in each other county may, but is not required to, keep an account with each appropriation of each fund as referenced above.
(Source: P.A. 95-277, eff. 8-17-07.)
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55 ILCS 5/6-1007
(55 ILCS 5/6-1007) (from Ch. 34, par. 6-1007)
Sec. 6-1007.
Non-compliance not to affect tax levy.
Failure
by any county board to adopt an annual budget or to comply in any respect
with the provisions of this Division shall not affect the validity of any
tax levy otherwise in conformity with law.
(Source: P.A. 86-962.)
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55 ILCS 5/6-1008
(55 ILCS 5/6-1008) (from Ch. 34, par. 6-1008)
Sec. 6-1008.
Violations.
Any person who violates, or who neglects or
fails to comply with, the terms of this Division commits a Class B
misdemeanor. In cases of violation of this Division by action of the county
board, each member of the board participating in such action shall be
subject to the aforesaid sentences.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-2
(55 ILCS 5/Div. 6-2 heading)
Division 6-2.
Tax Anticipation Notes -
Counties over 1,000,000 Population
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55 ILCS 5/6-2001
(55 ILCS 5/6-2001) (from Ch. 34, par. 6-2001)
Sec. 6-2001.
Applicability.
This Division shall apply
only to counties having a population of more than 1,000,000.
This Division shall be construed as cumulative authority and
not as a repeal of any existing statute authorizing the issuance of
obligations to anticipate the collection of taxes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2002
(55 ILCS 5/6-2002) (from Ch. 34, par. 6-2002)
Sec. 6-2002.
Issuance of notes in anticipation of taxes.
Whenever
there are not sufficient funds on hand to pay obligations
and the Board of Commissioners of the County shall deem it for the best
interest of the County to provide funds for the payment of its obligations
which are either corporate expenses or otherwise, whether due or to accrue
in the then fiscal year, and it shall theretofore have levied taxes for the
payment of such obligations and shall have filed with the proper County
Clerk the necessary evidence of such levy, such County is hereby authorized
to provide funds for such purpose and issue its notes therefor in the
manner provided in this Division, provided, however, that after
January 1, 1930, no notes shall be issued other than for the payment of
corporate and highway expenses.
The Board of Commissioners shall provide for such issue by an
appropriate resolution which shall set forth:
(a) The amount of money to be borrowed and the purpose for which it will
be expended, the estimated revenues and the aggregate appropriations for
such purpose. The purpose need not be stated in detail, but the statement
thereof shall indicate whether such funds are for the payment of general
corporate expenses or for a particular fund, and if for a particular fund
same shall be identified.
(b) The date, rate of interest, place of payment and maturity or
maturities. Such notes may be payable at a bank or at the office of the
County Treasurer.
(c) The amount of warrants or notes theretofore issued under this or any
other act to anticipate the collection of such taxes.
(d) A pledge of so much of such taxes as may be necessary for the
payment of obligations issued hereunder.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2003
(55 ILCS 5/6-2003) (from Ch. 34, par. 6-2003)
Sec. 6-2003.
Form of notes.
Notes issued under this Division
shall be due not more than 12 months from the date of issue and shall be
payable at any time when the County Treasurer has funds sufficient to pay
all or a portion of such issue. Notes issued under this Division shall bear
interest at not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, if
issued before January 1, 1972 and not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued after that date, payable annually or semi-annually or
at the time of payment of principal. The interest to the due date of the
note may be represented by appropriate coupons and be executed by the
facsimile signature of the County Treasurer. No notes shall be issued under
this Division after the tax to be anticipated is delinquent. No notes shall
be issued or sold, unless such issuance and sale is authorized by a vote of
at least 2/3 of the members elected to the County Board. The notes shall be
sold to the highest responsible bidder after due advertisement and public
opening of bids. The County Board may authorize notes to be issued and sold
from time to time and in such amounts as the County Treasurer deems
necessary to provide funds to pay obligations due or to accrue within each
quarterly period of the fiscal year.
Notes issued under this Division shall be received by any collector of taxes
in payment of taxes against which they are issued at par plus accrued
interest, and when so received shall be cancelled with the same effect as
though paid pursuant to this Division.
Such notes shall be signed by the presiding officer of the Board, be
attested by the Comptroller and be countersigned by the Treasurer. Such
notes shall be payable to bearer provided that the notes may be registered
as to principal in the name of the holder on the books of the County
Treasurer and evidence of such registration shall be endorsed upon the back
of notes so registered. After such registration no transfer shall be made
except upon such books and similarly noted on the note unless the last
registration was to bearer. Such notes may be re-registered from time to
time in the name of the designated holder but such registration shall not
affect the negotiability of the coupons attached.
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
concerning the anticipation of taxes and obligations in respect thereof in
counties having more than 1,000,000 population", approved May 22, 1929,
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 concerning the
anticipation of taxes and obligations in respect thereof in counties having
more than 1,000,000 population", approved May 22, 1929, 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 5/6-2004
(55 ILCS 5/6-2004) (from Ch. 34, par. 6-2004)
Sec. 6-2004.
Copy of resolution filed with County Treasurer.
A certified copy of the resolution adopted pursuant to the provisions of
this Division, together with such other showings as may be deemed proper in
the particular case shall be filed with the County Treasurer. There shall
also be presented to the Treasurer the printed or lithographed notes and
coupons, duly executed, for authentication.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2005
(55 ILCS 5/6-2005) (from Ch. 34, par. 6-2005)
Sec. 6-2005.
Certificate of County Treasurer endorsed on notes.
Whenever satisfactory showings as prescribed by this Division shall have
been filed with the County Treasurer he shall examine the same and if found
to be in compliance with this Division he shall endorse on the back of each
note his certificate of authenticity which certificate shall set forth:
(a) The value of taxable property of the municipality as last equalized
by the Tax Commission.
(b) The amount of the levy from the proceeds of which such note is
payable and the rate limit if any on the amount of such levy.
(c) The amount of anticipatory obligations theretofore issued and
payable out of such taxes and the amount of the issue of which such note is
one.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2006
(55 ILCS 5/6-2006) (from Ch. 34, par. 6-2006)
Sec. 6-2006.
Registry of notes.
The County Treasurer shall keep a
registry of each series of notes so issued, together with a copy thereof.
For such authentication the County Treasurer shall be paid by the
municipality a fee of $1 for each note so authenticated, but the minimum
fee for any issue of notes shall be $10.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2007
(55 ILCS 5/6-2007) (from Ch. 34, par. 6-2007)
Sec. 6-2007.
Limitations.
Anticipatory obligations issued against
taxes levied for any purpose shall not be in excess of 85% of such taxes
extended or to be extended, computed upon the then last equalized valuation
determined by the Department of Revenue of the State of Illinois.
In any county in which there shall have been created a working cash fund
pursuant to the provisions of Division 6-27, notes shall at no time
be issued in anticipation of the collection of taxes levied for general
corporate purposes for any year, under the provisions of this Division, for
such an amount that the aggregate of (a) the amount of such notes, and the
interest to accrue thereon, (b) the aggregate of such notes theretofore
issued in anticipation of the collection of such taxes for such year, and
the interest accrued and to accrue thereon, (c) the aggregate amount of
warrants theretofore drawn in anticipation of the collection of such taxes
for such year, and the interest accrued and to accrue thereon, under the
provisions of "An Act of the Constitution of the State of Illinois to
provide for the manner of issuing warrants upon the treasurer of the State
or of any county, township, city, village or other municipal corporation
and jurors' certificates," approved June 27, 1913, as amended, and (d) the
aggregate amount of money theretofore transferred from the working cash
fund of such county to the general corporate fund thereof, shall exceed
ninety (90) per centum of the actual or estimated amount of such taxes
extended or to be extended by the county clerk upon the books of the
collector or collectors of State and county taxes within such county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2008
(55 ILCS 5/6-2008) (from Ch. 34, par. 6-2008)
Sec. 6-2008.
Transmittal of funds for payment.
It is hereby made the
duty of the County Treasurer authenticating any note issued under the
provisions of this Division as and when taxes so anticipated are received
by him to promptly transmit to the bank designated in the notes as the
place of payment, funds sufficient to pay principal and interest on notes
issued under this Division or if the notes are payable at his office to pay
the same as provided in this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2009
(55 ILCS 5/6-2009) (from Ch. 34, par. 6-2009)
Sec. 6-2009.
Payment of notes.
Whenever funds are available for the
payment of notes issued under the provisions of this Division
the County Treasurer shall transmit same to the
bank designated in the note as the place of payment together with written
advice that funds are available to pay particular notes, designating same
in numerical order, and that same will cease to bear interest fifteen (15)
days subsequent to the date of such notice, and such bank shall pay
accordingly. The County Treasurer shall take receipt from the bank for such
remittance and thereafter such Treasurer shall be relieved of
responsibility in connection therewith, a copy of which notice shall be
published once by the County Treasurer in a newspaper published in the
County at least five (5) days prior to the date fixed for redemption. A
copy of such notice shall be mailed to any holder or owner of such notes or
agent thereof, requesting same in writing. Notes may state on their face
that they will not be subject to call on or before a date fixed in the
resolution by the Board but which date shall be approximately the date on
which it is anticipated the first tax collections will be received by the
County Treasurer. When notes are payable at the office of the County
Treasurer he shall set aside funds for payment of notes instead of
remitting to a bank and give notice of redemption as above provided, and
pay accordingly.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2010
(55 ILCS 5/6-2010) (from Ch. 34, par. 6-2010)
Sec. 6-2010.
Incontestability; payable only out of taxes
levied. Notes issued under the provisions of this Division shall be
incontestable after authentication by the County Treasurer and delivery to
a purchaser for a valuable consideration, and in like manner and to like
extent as though same were negotiable instruments, and shall be payable
only out of and from the proceeds of taxes levied and described in the
proceedings authorizing the issuance of the notes, and shall so state on
their face, and shall not be deemed to be an obligation of the County
within any constitutional or statutory limitation.
(Source: P.A. 86-962.)
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55 ILCS 5/6-2011
(55 ILCS 5/6-2011) (from Ch. 34, par. 6-2011)
Sec. 6-2011.
Issuance of notes in excess of amount permitted;
penalty. Any official of the County who votes for or otherwise influences
the issuance of notes under this Division in excess of the limitations herein
provided shall be liable for twice the sum of such excessive notes to the
County and shall be ineligible for his office and be subject to removal
from office.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-3
(55 ILCS 5/Div. 6-3 heading)
Division 6-3.
Bonds for County Buildings
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55 ILCS 5/6-3001
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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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55 ILCS 5/Div. 6-4
(55 ILCS 5/Div. 6-4 heading)
Division 6-4.
Bonds for Court Houses
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55 ILCS 5/6-4001
(55 ILCS 5/6-4001) (from Ch. 34, par. 6-4001)
Sec. 6-4001.
Bonds for construction or remodeling of courthouses.
Any
county with a population of more than 300,000 and an increase in population
of 30% or more from any decennial census to the next such census, by
resolution of its county board may incur indebtedness for the
reconstruction and remodeling of an existing courthouse or the construction
of a new courthouse and related facilities at the same or a new location
and for the acquisition of land and fixtures therefor, issue and sell
general obligation bonds therefor and levy taxes upon all taxable property
of the county sufficient to pay the principal on the bonds at maturity and
to pay interest thereon as it falls due.
(Source: P.A. 86-962.)
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55 ILCS 5/6-4002
(55 ILCS 5/6-4002) (from Ch. 34, par. 6-4002)
Sec. 6-4002.
Resolution.
The resolution of the county board
authorizing the issuance of the general obligation bonds shall prescribe
all 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 they are to
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 that authorized by "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and the dates on which the
interest is payable.
(Source: P.A. 86-962.)
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55 ILCS 5/6-4003
(55 ILCS 5/6-4003) (from Ch. 34, par. 6-4003)
Sec. 6-4003.
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 and to pay the interest thereon as it falls due. Such tax shall
not exceed .05% 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. The tax
may be levied without referendum.
(Source: P.A. 88-670, eff. 12-2-94.)
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55 ILCS 5/6-4004
(55 ILCS 5/6-4004) (from Ch. 34, par. 6-4004)
Sec. 6-4004.
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 5/6-4005
(55 ILCS 5/6-4005) (from Ch. 34, par. 6-4005)
Sec. 6-4005.
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. This 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 5/6-4006
(55 ILCS 5/6-4006) (from Ch. 34, par. 6-4006)
Sec. 6-4006.
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 5/6-4007
(55 ILCS 5/6-4007) (from Ch. 34, par. 6-4007)
Sec. 6-4007.
Publication of resolution.
After the
resolution of the county board providing for the establishment
of an annual levy has been adopted, it shall be published in some newspaper
of general circulation in the county, once each week for 3 weeks. If there
is no newspaper of general circulation in the county, then copies of the
resolution shall be posted in at least 5 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 tax levy be submitted to the
voters of the county; (2) the time within 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; 86-1253.)
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55 ILCS 5/6-4008
(55 ILCS 5/6-4008) (from Ch. 34, par. 6-4008)
Sec. 6-4008.
Petition for referendum.
If a petition is filed with the
county clerk not later than 28 days after the first publication or the
posting of the resolution, signed by not less than 5% of the number of
legal voters who voted at the last general election in such county,
requesting that the question of establishing an annual tax levy for the
purpose of obtaining funds to construct, reconstruct or remodel a
courthouse be submitted to the electors of the county, the county clerk
shall certify the question to the proper election officials for submission
at the next regular scheduled election in accordance with the general
election law.
The question shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall .............. county issue bond YES in the amount of $........ to construct - - - - - - - - - - - - - - - - - - - -
(or reconstruct or remodel a courthouse)? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The election shall be conducted in accordance with the general election
law, at the nonpartisan election in 1981.
If a majority of the voters voting upon the aforesaid question vote in
favor of it, the bonds may be issued by such county, but if a majority of
the voters voting upon the question vote against the question the county
may not issue bonds for the purpose of constructing, reconstructing, or
remodeling a courthouse under the provisions of this Division.
(Source: P.A. 86-962 .)
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55 ILCS 5/6-4009
(55 ILCS 5/6-4009) (from Ch. 34, par. 6-4009)
Sec. 6-4009.
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 question.
(Source: P.A. 86-962.)
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55 ILCS 5/6-4010
(55 ILCS 5/6-4010) (from Ch. 34, par. 6-4010)
Sec. 6-4010.
County under 300,000.
(a) Any county having a population under 300,000 may, by resolution of
its county board, incur an indebtedness for the reconstruction and
remodeling of an existing courthouse or the construction of a new
courthouse and related facilities at the same or a new location and for the
acquisition of land and fixtures for the courthouse and related facilities and
may 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 (name of county) issue bonds in the amount of | | $(amount) to reconstruct and remodel the county courthouse (or construct a new county courthouse and related facilities at (state location) and acquire land and fixtures for the courthouse and related facilities, as the case may be)?
|
|
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 principal of and interest on 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. 87-320.)
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55 ILCS 5/Div. 6-5
(55 ILCS 5/Div. 6-5 heading)
Division 6-5.
Bonds for Voting Machines
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55 ILCS 5/6-5001
(55 ILCS 5/6-5001) (from Ch. 34, par. 6-5001)
Sec. 6-5001.
Referendum.
For the purpose of purchasing voting
machines, the county board of any county having more than 500,000
inhabitants and in which county there has been a favorable vote on the
proposition of adopting voting machines as provided by Article 24 of "The
Election Code", as amended, may, by resolution, incur an indebtedness and
issue bonds therefor in the aggregate of not more than $500,000 in addition
to all bonded indebtedness authorized for that purpose prior to July 1, 1949.
However, no resolution providing for the issuance of bonds as authorized
by Sections 6-5001 through 6-5005 shall be effective until it has been
submitted to referendum of the electors of that county. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at an election in accordance with the
general election law. In addition to the requirements of the general
election law, notice of the referendum shall also set forth the substance of
the resolution. If a majority of those voting upon the proposition at such
referendum vote in favor of issuing such bonds, then the resolution shall
immediately become effective.
(Source: P.A. 86-962.)
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55 ILCS 5/6-5002
(55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
Sec. 6-5002.
Resolution authorizing bonds.
The
resolution authorizing the issuance of such bonds shall specify
the total amount of bonds to be issued, the form and denomination of the
bonds, the date they are to bear, the place where they are payable, the
date or dates of maturity, which shall not be more than 20 years after the
date the bonds bear, the rate of interest which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and the dates on which interest is payable.
Such resolution shall prescribe all the details of the bonds and shall
provide for the levy and collection of a direct annual tax upon all taxable
property within the county sufficient to pay the principal thereof at
maturity and to pay the interest thereon as it falls due, which tax shall
not be subject to any statutory limitations relative to taxes which may be
extended for county purposes.
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 these Sections 6-5001
through 6-5005 or "An Act to authorize the issuance of bonds by a county
having more than 500,000 inhabitants for the purchase of voting machines,
and to provide for the payment therefor", approved July 20, 1949, 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 these Sections 6-5001 through 6-5005 or "An Act
to authorize the issuance of bonds by a county having more than 500,000
inhabitants for the purchase of voting machines, and to
provide for the payment therefor", approved July 20, 1949, that may appear to
be or to have been more restrictive than those Acts.
(Source: P.A. 90-655, eff. 7-30-98.)
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55 ILCS 5/6-5003
(55 ILCS 5/6-5003) (from Ch. 34, par. 6-5003)
Sec. 6-5003.
Execution of bonds.
The bonds shall be executed by such
officials as may be provided in the resolution authorizing the issue. They
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 5/6-5004
(55 ILCS 5/6-5004) (from Ch. 34, par. 6-5004)
Sec. 6-5004.
Sinking fund.
The resolution 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. This fund
shall be faithfully applied to the purchase or payment of the bonds, and
the interest thereon, issued pursuant to the provisions of Sections 6-5001
through 6-5005.
(Source: P.A. 86-962.)
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55 ILCS 5/6-5005
(55 ILCS 5/6-5005) (from Ch. 34, par. 6-5005)
Sec. 6-5005.
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 5/6-5006
(55 ILCS 5/6-5006) (from Ch. 34, par. 6-5006)
Sec. 6-5006.
Resolution and referendum on additional indebtedness.
For the purpose of purchasing voting machines, the county board of any
county having more than 500,000 inhabitants and in which county there has
been a favorable vote on the proposition of adopting voting machines as
provided by Article 24 of "The Election Code", as amended, may, by
resolution, incur an indebtedness and issue bonds therefor in the aggregate
of not more than $400,000 in addition to all bonded indebtedness authorized
for that purpose prior to July 1, 1953.
However, no resolution providing for the issuance of bonds as authorized
by Sections 6-5006 through 6-5010 shall be effective until it has been
submitted to referendum of the electors of that county. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at an election in accordance with the
general election law. In addition to the requirements of the general
election law, notice of the referendum shall also set forth the substance
of the resolution. If a majority of those voting upon the proposition at
such election vote in favor of issuing such bonds, then the resolution
shall immediately become effective.
(Source: P.A. 86-962.)
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55 ILCS 5/6-5007
(55 ILCS 5/6-5007) (from Ch. 34, par. 6-5007)
Sec. 6-5007.
Requisites of resolution.
The resolution authorizing the
issuance of such bonds shall specify the total amount of bonds to be
issued, the form and denomination of the bonds, the date they are to bear,
the place where they are payable, the date or dates of maturity, which
shall not be more than 20 years after the date the bonds bear, the rate of
interest which shall not exceed 4% per annum and the dates on which interest
is payable.
Such resolution shall prescribe all the details of the bonds and shall
provide for the levy and collection of a direct annual tax upon all taxable
property within the county sufficient to pay the principal thereof at
maturity and to pay the interest thereon as it falls due, which tax shall
not be subject to any statutory limitations relative to taxes which may be
extended for county purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-5008
(55 ILCS 5/6-5008) (from Ch. 34, par. 6-5008)
Sec. 6-5008.
Execution of bonds; registration.
The bonds shall be
executed by such officials as may be provided in the resolution authorizing
the issue. They 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 5/6-5009
(55 ILCS 5/6-5009) (from Ch. 34, par. 6-5009)
Sec. 6-5009.
Sinking fund.
The resolution 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. This fund
shall be faithfully applied to the purchase or payment of the bonds, and
the interest thereon, issued pursuant to the provisions of Sections 6-5006
through 6-5010.
(Source: P.A. 86-962.)
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55 ILCS 5/6-5010
(55 ILCS 5/6-5010) (from Ch. 34, par. 6-5010)
Sec. 6-5010.
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/Div. 6-6
(55 ILCS 5/Div. 6-6 heading)
Division 6-6.
Bonds for Hospitals, Police
Equipment and Voting Machines
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55 ILCS 5/6-6001
(55 ILCS 5/6-6001) (from Ch. 34, par. 6-6001)
Sec. 6-6001.
Authorization.
The county board of any county with a
population of 1,000,000 or more may, before January 1, 1968, without
referendum, incur an indebtedness and issue general obligation bonds in an
amount not exceeding $10,000,000 for the purpose of hospital improvements,
police equipment, and additional voting machines, and may levy a tax for
the purpose of paying the principal and interest on such bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/6-6002
(55 ILCS 5/6-6002) (from Ch. 34, par. 6-6002)
Sec. 6-6002.
Bonds.
The bonds shall be issued in such denominations,
be for such term or terms, and bear interest at such rate as may be
specified in the resolution of the county board authorizing the issuance
of such bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/6-6003
(55 ILCS 5/6-6003) (from Ch. 34, par. 6-6003)
Sec. 6-6003.
Effect of limitation on indebtedness.
The bonds
authorized hereunder and the tax levied in connection therewith shall not
be included in any statutory limitation on indebtedness or tax rates.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-7
(55 ILCS 5/Div. 6-7 heading)
Division 6-7.
Revenue Bonds - Hospitals
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55 ILCS 5/6-7001
(55 ILCS 5/6-7001) (from Ch. 34, par. 6-7001)
Sec. 6-7001.
Authorization for counties not home rule counties.
The county Board of any County which is not a home rule unit and
which has established a public hospital is authorized to issue and sell
revenue bonds payable from the revenue derived from the operation of the
hospital for the purpose of (1) constructing, reconstructing, repairing,
remodeling, extending, equipping, improving and acquiring a site or
sites for a hospital building or buildings, or (2) refunding any such
revenue bonds theretofore issued from time to time when deemed necessary
or advantageous in the public interest. These bonds shall be authorized
by an ordinance without submission thereof to the electors of the
county, shall mature at such time not to exceed 40 years from the date
of issue, and bear such rate of interest not to 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) 9% per annum, payable
annually or semiannually as the County Board may determine, and may be sold
by the County Board in such manner as they deem best in the public
interest. However, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will 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) 9% per annum based on the
average maturity of such bonds and computed according to standard tables
of bond values.
No member of the County Board, Board of Directors of the public hospital
or its administration shall have any personal economic interest in any
bonds issued in accordance with this Division.
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
in relation to the issuance of revenue bonds by certain counties for public
hospitals", approved June 29, 1973, 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 in relation to the
issuance of revenue bonds by certain counties for public hospitals",
approved June 29, 1973, 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 5/6-7002
(55 ILCS 5/6-7002) (from Ch. 34, par. 6-7002)
Sec. 6-7002.
Ordinance.
The County Board of any such county availing
itself of the provisions of Section 6-7001 shall adopt an ordinance describing
in a general way the building or buildings, or addition or extension
thereto, to be constructed, reconstructed, repaired, remodeled, extended,
equipped or improved and the site or sites to be acquired. Such ordinance
shall set out the estimated cost of such construction, reconstruction, repair,
remodeling, extension, equipment, improvement or acquisition and fix the
amount of revenue bonds proposed to be issued, the maturity, interest rate,
and all details in respect thereof and may contain such provisions and
covenants which shall be part of the contract between the county and the
holders of such bonds as may be deemed necessary and advisable as to the
operation, maintenance, and management of the hospital, the establishment
and maintenance of sinking funds, reserve funds, and other special funds,
including construction funds, the fixing and collecting of rents, fees and
charges for the use of the facilities of the hospital sufficient to produce
revenue adequate to maintain such funds and to pay the bonds at maturity
and accruing interest thereon, the issuance thereafter of additional bonds
payable from the revenues derived from the hospital, the kind and amount of
insurance, including use and occupancy insurance, to be carried, the cost
of which shall be payable only from the revenues derived from the hospital,
and such other covenants deemed necessary or desirable to assure the
successful operation and maintenance of the hospital and the prompt payment
of the principal of interest upon the bonds so authorized. Revenue bonds
issued under this Division shall be signed by the Chairman of the County Board
and the County Clerk of the county and shall be payable from revenue
derived from the operation of the public hospital. These bonds shall not in
any event constitute an indebtedness of the county within the meaning of
any constitutional provision or limitation. It shall be plainly written or
printed on the face of each bond that the bond has been issued under the
provisions of this Division, that the bond, including the interest thereon, is
payable from the revenue pledged to the payment thereof, and that it does
not constitute an indebtedness or obligation of the county within the
meaning of any constitutional or statutory limitation or provision. No
holder of any such revenue bond has the right to compel any exercise of the
taxing power of the county to pay such bond or interest thereon.
(Source: P.A. 86-962.)
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55 ILCS 5/6-7003
(55 ILCS 5/6-7003) (from Ch. 34, par. 6-7003)
Sec. 6-7003.
Redemption of revenue bonds.
Revenue
bonds issued under this Division may be redeemed by the county
issuing them on such terms, at such time, upon such notice and with or
without premium all as may be provided in the ordinance authorizing them.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-8
(55 ILCS 5/Div. 6-8 heading)
Division 6-8.
Bonds - Payment of Outstanding Indebtedness
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55 ILCS 5/6-8001
(55 ILCS 5/6-8001) (from Ch. 34, par. 6-8001)
Sec. 6-8001.
Bonds for excess claim against county.
When any
county has audited or allowed claims for county expenses
or county purposes that are outstanding and that, when added to
the sum levied for county purposes, exceed the
sum of 25 cents on the $100 valuation of property, the county board may, by
an order entered of record setting forth substantially the amount of
the outstanding claims, provide for the submission of the
question of issuing the bonds of the county for such sum as may be
reasonably necessary for the purpose to a vote of the people of the
county at a regular election after the passage of the
resolution. The county board shall certify the resolution and the
proposition to the proper election officials, who shall submit the
proposition at a regular election in accordance with the general election
law.
The county board of any county having a population in excess of 200,000
may issue bonds for the purpose of paying claims for county expenses or
county purposes audited or allowed by the county board without submitting
the question of issuing the bonds to a vote of the people of the county.
These bonds shall mature within 10 years from the date of issuance. The
aggregate principal amount of bonds to pay such claims that may ever be
issued without being authorized by referendum shall not exceed $2,500,000.
(Source: P.A. 86-962; 87-895.)
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55 ILCS 5/6-8002
(55 ILCS 5/6-8002) (from Ch. 34, par. 6-8002)
Sec. 6-8002.
Form of votes.
The votes in favor of the proposition
to issue bonds, at an election, shall be "For issuing bonds," and
those against shall be "Against issuing bonds," and if a majority of the
votes cast upon the question are "For issuing bonds" then the county
board shall have power to cause to be issued bonds of said county in
accordance with the terms of the order in Section 6-8001.
(Source: P.A. 86-962.)
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55 ILCS 5/6-8003
(55 ILCS 5/6-8003) (from Ch. 34, par. 6-8003)
Sec. 6-8003.
Signature on bonds.
The bonds issued under the authority
of this Division shall be signed in the name of the county by the chairman
of the board of county commissioners in counties not under township
organization and by the chairman of the county board in counties under
township organization, and shall be countersigned by the county clerk and
shall have the seal of the county attached thereto.
(Source: P.A. 86-962.)
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55 ILCS 5/6-8004
(55 ILCS 5/6-8004) (from Ch. 34, par. 6-8004)
Sec. 6-8004.
Payment of interest.
The bonds issued by authority of
this Division shall be payable at such time or times as the county board
may in said order determine not exceeding, however, twenty years from the
date of issue and shall bear interest at such rate per annum as shall by
said order be fixed not exceeding five per cent.
(Source: P.A. 86-962.)
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55 ILCS 5/6-8005
(55 ILCS 5/6-8005) (from Ch. 34, par. 6-8005)
Sec. 6-8005.
Sale of bonds.
The said bonds or such as may be necessary
shall be sold to the highest bidder under the direction of the county board
by receiving sealed bids therefor, but no bond shall be sold for less than
par and accrued interest and at least fifteen days notice of the time and
place of receiving bids for such bonds shall be given by the county clerk
by publication thereof for at least two successive weeks in some newspaper
of general circulation in said county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-8006
(55 ILCS 5/6-8006) (from Ch. 34, par. 6-8006)
Sec. 6-8006.
Proceeds to be separate fund.
The money realized from
the sale of said bonds, or any of them shall be kept as a separate fund and
disbursed only for the purpose for which they were issued: Provided, that
any surplus that may remain after the payment of all demands against said
funds may be used for other county purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-8007
(55 ILCS 5/6-8007) (from Ch. 34, par. 6-8007)
Sec. 6-8007.
Amount of taxes.
The county board of each county issuing
bonds under the provisions of this Division shall include in
the amounts of all taxes to be raised for county purposes in each year a
sum sufficient to pay the accruing interest on such bonds and also a
sufficient sum to be set apart as a sinking fund to be accumulated and used
for the payment of the principal of said bonds at their maturity.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-9
(55 ILCS 5/Div. 6-9 heading)
Division 6-9.
Refunding Bonds - Counties
Under 200,000 Population
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55 ILCS 5/6-9001
(55 ILCS 5/6-9001) (from Ch. 34, par. 6-9001)
Sec. 6-9001.
Issuance of refunding bonds.
Whenever
any county having a population of less than 200,000, has
outstanding bonds issued for any purpose authorized by law which are
binding and subsisting legal obligations, and it has no money with which to
pay the principal of or interest on such bonds, such county is hereby
authorized to issue its refunding bonds for the purpose of paying such
principal or interest, or both.
(Source: P.A. 86-962.)
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55 ILCS 5/6-9002
(55 ILCS 5/6-9002) (from Ch. 34, par. 6-9002)
Sec. 6-9002.
Resolution.
Such bonds shall be authorized by a
resolution to be adopted by the county board or the board of county
commissioners (as the case may be). Said resolution shall describe the
principal, interest or both, to be paid, fix the details of the refunding
bonds, including the date, denominations, place of payment, rate of
interest and maturity of the bonds so authorized to be issued pursuant to
the provisions of this Division, and such resolution shall provide for the
levy of a tax sufficient to pay principal of and interest on said refunding
bonds as the same mature. The refunding bonds shall bear interest
at a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable annually or semiannually, and may mature at such time or times,
(but not more than twenty years from date of bonds) as the resolution shall
fix. Such bonds shall be signed by the Chairman of the Board, be attested
by the County Clerk with the seal of the County attached, and be registered
by the County Treasurer. The coupons attached to said bonds may be executed
with the lithographed or facsimile signature of the County Treasurer.
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 counties having a population of less than two hundred thousand
to issue refunding bonds", approved April 22, 1933, 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 counties
having a population of less than two hundred thousand to issue refunding
bonds", approved April 22, 1933, 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 5/6-9003
(55 ILCS 5/6-9003) (from Ch. 34, par. 6-9003)
Sec. 6-9003.
Sale or exchange of bonds.
Such refunding bonds may be
exchanged par for par for principal, interest or both, described in the
authorizing resolution, or may be sold at not less than their par value,
and the proceeds of the sale shall be used only for the purpose of paying
such principal, interest or both.
(Source: P.A. 86-962.)
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55 ILCS 5/6-9004
(55 ILCS 5/6-9004) (from Ch. 34, par. 6-9004)
Sec. 6-9004.
Tax for principal and interest.
It
shall be the duty of the County Clerk, annually, to extend a tax
upon all of the taxable property in the county sufficient to pay maturing
principal of and interest on said refunding bonds. Said tax shall not be
subject to any statutory limitations now or hereafter enacted relative to
taxes which may be extended for county purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-10
(55 ILCS 5/Div. 6-10 heading)
Division 6-10.
Refunding Bonds - Tax Levy
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55 ILCS 5/6-10001
(55 ILCS 5/6-10001) (from Ch. 34, par. 6-10001)
Sec. 6-10001.
Refunding bonds.
The corporate authorities of any county,
without submitting the question to the electors thereof for approval, may
authorize by ordinance the issuance of refunding bonds (1) to refund its
bonds prior to their maturity; (2) to refund its unpaid matured bonds; (3)
to refund matured coupons evidencing interest upon its unpaid bonds; (4) to
refund interest at the coupon rate upon its unpaid matured bonds that has
accrued since the maturity of those bonds; and (5) to refund its bonds
which by their terms are subject to redemption before maturity.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed 6% annually, payable at
such time and place as may be provided in the bond ordinance.
The refunding bonds shall remain valid even though one or more of the
officers executing the bonds ceases to hold his or their offices before the
bonds are delivered.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10002
(55 ILCS 5/6-10002) (from Ch. 34, par. 6-10002)
Sec. 6-10002.
Ordinance.
The ordinance authorizing the refunding
bonds shall prescribe all details thereof and shall provide for the levy
and collection of a direct annual tax upon all the taxable property within
the county sufficient to pay the principal thereof and interest thereon as
it matures. This tax shall be in addition to and exclusive of the maximum
of all other taxes authorized to be levied by the county. Tax limitations
applicable to the county provided by statutes of this State shall not apply
to taxes levied for payment of these refunding bonds. However, taxes
provided to be levied for payment of refunding bonds of any county shall
not be in excess of the constitutional limitation of 75¢ per $100 valuation
unless that excess is authorized by a vote of the people of the county.
A certified copy of the bond ordinance shall be filed with the county
clerk of the county and shall constitute the authority for the extension
and collection of refunding bond and interest taxes as required by the
constitution.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10003
(55 ILCS 5/6-10003) (from Ch. 34, par. 6-10003)
Sec. 6-10003.
Exchange or sale of refunding bonds.
The refunding bonds may be exchanged for the bonds to be refunded
on the basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any. Instead of this
exchange, the refunding bonds may be sold at not less than their par value
and accrued interest. The proceeds received from their sale shall be used
to pay the bonds, interest coupons, and interest not represented by
coupons, if any. This payment may be made without any prior appropriation
therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10004
(55 ILCS 5/6-10004) (from Ch. 34, par. 6-10004)
Sec. 6-10004.
Form of refunding bonds; maturity.
The
refunding bonds shall be of such form and denomination, payable
at such place, bear such date, and be executed by such officials as may be
provided by the corporate authorities of the county in the bond ordinance.
They shall mature within not to exceed twenty years from their date, and
may be made callable on any interest payment date at par and accrued
interest after notice has been given at the time and in the manner provided
in the bond ordinance.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and if after setting aside a sum of money equal to the
amount of interest that will accrue on the refunding bonds, and a sum of
money equal to the amount of principal that will become due thereon, within
the next six months period, the treasurer and comptroller, if there is a
comptroller, of the county shall use the money available from the proceeds
of taxes levied for the payment of the refunding bonds in calling them for
payment, if, by their terms, they are subject to redemption. However, a
county may provide in the bond ordinance that, whenever the county is not
in default in payment of the principal of or interest upon the refunding
bonds and has set aside the sums of money provided in this paragraph for
interest accruing and principal maturing within the next six months period,
the money available from the proceeds of taxes levied for the payment of
refunding bonds shall be used, first, in the purchase of the refunding
bonds at the lowest price obtainable, but not to exceed their par value and
accrued interest, after sealed tenders for their purchase have been
advertised for as may be directed by the corporate authorities thereof.
Refunding bonds called for payment and paid or purchased under this
Section shall be marked paid and cancelled.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10005
(55 ILCS 5/6-10005) (from Ch. 34, par. 6-10005)
Sec. 6-10005.
Reduction of tax.
Whenever any refunding bonds are
purchased and cancelled, as provided in Section 6-10004, the taxes
thereafter to be extended for payment of the principal of and the interest
on the remainder of the issue shall be reduced in an amount equal to the
principal of and the interest that would have thereafter accrued upon the
refunding bonds so cancelled. A resolution shall be adopted by the
corporate authorities of the county finding these facts. A certified copy
of this resolution shall be filed with the county clerk, whereupon the
county clerk shall reduce and extend such tax levies in accordance therewith.
Whenever refunding bonds are issued, proper reduction of taxes,
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the treasurer and the comptroller, if there is a
comptroller, of the county, showing the bonds refunded and the tax to be
abated.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10006
(55 ILCS 5/6-10006) (from Ch. 34, par. 6-10006)
Sec. 6-10006.
Sinking fund.
Money which becomes available from taxes
that were levied for prior years for payment of bonds or interest coupons
that were paid or refunded before those taxes were collected, after payment
of all warrants that may have been issued in anticipation of these taxes,
shall be placed in the sinking fund account provided in this Section. It
shall be used to purchase, call for payment, or to pay at maturity
refunding bonds and interest thereon as herein provided.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the county. It shall be designated as the "Refunding Bond
and Interest Sinking Fund Account of ....." This fund shall be faithfully
applied to the purchase or payment of refunding bonds and the interest
thereon as provided in this Division.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the corporate authorities of the
county, the money may be invested by the treasurer and the comptroller, if
there is a comptroller, of the county, in bonds or other interest bearing
obligations of the United States or in bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing county. The corporate authorities may sell these securities
whenever necessary to obtain cash to meet bond and interest payments.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10007
(55 ILCS 5/6-10007) (from Ch. 34, par. 6-10007)
Sec. 6-10007.
Procedure by corporate authorities to effectuate
refunding plan. The corporate authorities of a county may take any action
that may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the county, the necessity of refunding its unpaid
bonds and readjusting the maturities thereof in order that sufficient taxes
may be collected to take care of these bonds, and thus re-establish the
credit of the county. The corporate authorities may enter into any
agreement required to prepare and carry out any refunding plan and, without
any previous appropriation therefor under any budget law, may incur and pay
expenditures that may be necessary in order to accomplish the refunding of
the bonds of the county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-10008
(55 ILCS 5/6-10008) (from Ch. 34, par. 6-10008)
Sec. 6-10008.
Applicability.
This Division shall apply to
any county regardless of the law under which it is organized and operating,
and shall constitute complete authority for issuing refunding bonds as
herein provided without reference to other laws. This Division
shall be construed as conferring powers in addition to, but not as limiting
powers granted under other laws.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-11
(55 ILCS 5/Div. 6-11 heading)
Division 6-11.
Funding Bonds - Counties
under 70,000 Population
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55 ILCS 5/6-11001
(55 ILCS 5/6-11001) (from Ch. 34, par. 6-11001)
Sec. 6-11001.
Resolution directing issuance of bonds.
If no petition
for referendum is filed as provided in this Division, or if such petition
is filed and election is had and a majority of the voters voting on the
proposition vote in favor thereof, then the county board may adopt a
resolution directing the issuance of any or all of the bonds described in
the resolution of intention, fixing the details thereof and levying a tax
to pay the same. The bonds shall mature at such time or times as is fixed
in said resolution but not more than 20 years from the date of such bonds,
shall bear interest at not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, payable annually or semi-annually, and be payable at such place
or places as shall be fixed in said resolution, and shall be signed in the
manner and by the officials directed by the resolution to sign the same.
The amount of such bonds which may be issued shall not be subject to any
statutory debt limitation. Any of the bonds authorized pursuant to the
provisions of this Division may be exchanged for at least a like par amount of
the claims described in the resolution of intention, or said bonds, or some
of them, may be sold for not less than the par value thereof and the
proceeds used to pay at least a like par amount of such claims, provided,
however, said bonds may be delivered from time to time or all at one time.
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 any county having a population of less than 70,000 to issue
funding bonds and to provide for the validation of claims to be paid by or
from the proceeds of such bonds", filed June 19, 1939, 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 any
county having a population of less than 70,000 to issue funding bonds and
to provide for the validation of claims to be paid by or from the proceeds
of such bonds", filed June 19, 1939, 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 5/6-11002
(55 ILCS 5/6-11002) (from Ch. 34, par. 6-11002)
Sec. 6-11002.
Extension of tax to pay funding bonds.
It shall
be the duty of such county clerk annually when extending
taxes for other corporate purposes to extend taxes for the purpose of
paying the principal of and interest on the bonds therein authorized as
directed in and by said resolution. Such tax shall not be subject to any
statutory limitation as to rate or amount.
(Source: P.A. 86-962.)
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55 ILCS 5/6-11003
(55 ILCS 5/6-11003) (from Ch. 34, par. 6-11003)
Sec. 6-11003.
Bondholder's rights.
The holder of any such bonds shall
not be obligated to inquire into the validity of the claims funded, but
shall be entitled to rely upon the proceedings taken pursuant to the
provisions of this Division with respect thereto as establishing the
validity of the items funded and the power to issue such bonds. The
adoption of the resolution, which declares the intention of the county
board to issue funding bonds under the provisions of this Division, shall
be deemed a validation of the claims therein set forth insofar as there may
be any question as to the legality of any or all of the same.
(Source: P.A. 86-962.)
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55 ILCS 5/6-11004
(55 ILCS 5/6-11004) (from Ch. 34, par. 6-11004)
Sec. 6-11004.
Partial invalidity.
The invalidity of any Section or
portion of this Division shall not affect the remainder hereof. This
Division shall not be construed as repealing or modifying any existing
statute with respect to the issuance of bonds, but shall be deemed to be
additional authority to issue funding bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-12
(55 ILCS 5/Div. 6-12 heading)
Division 6-12.
Funding Bonds - Counties
under 5,000 Population
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55 ILCS 5/6-12001
(55 ILCS 5/6-12001) (from Ch. 34, par. 6-12001)
Sec. 6-12001.
Authorization.
Any county having a population of less
than 5,000 inhabitants is authorized to issue bonds for the purpose of
paying claims against such county, which were incurred on or before January
1, 1964 for any purpose or purposes for which the county is obligated to
pay or provide funds to pay. Such bonds may be issued in an amount,
including existing indebtedness, in excess of any statutory limitation as
to debt, but not to exceed the constitutional debt limitation, without
submitting the proposition of issuing the bonds or the levying of a tax to
pay the same to the voters of said county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-12002
(55 ILCS 5/6-12002) (from Ch. 34, par. 6-12002)
Sec. 6-12002.
Resolution establishing validity of claims.
Before any such county avails itself of the provisions of this
Division, the county board shall examine and consider the claims
proposed to be paid and if it appears that such claims were
incurred on or before January 1, 1964 for any purpose or purposes
for which the county is obligated to pay or provide funds to pay,
it shall adopt a resolution so declaring and set forth and describe
in detail such claims; the adoption of such resolution shall
establish the validity of such claims for the purpose of this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/6-12003
(55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
Sec. 6-12003.
Issuance of bonds; maturity.
All bonds
issued under the provisions of this Division shall be signed
in the name of the county by the chairman of the county board and shall be
countersigned by the county clerk and shall have the seal of the county
attached thereto. Such bonds shall mature at such time or times as is fixed
by said county board provided that all of such bonds shall mature within 20
years from their date and bear interest at not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, payable annually or semi-annually, and may be sold
as the county board may direct at not less than par and accrued interest,
and the proceeds derived from the sale thereof shall be used solely and
only for the payment of such claims, or the bonds may be exchanged par for
par for such claims, such bonds may be delivered from time to time or all
at one time.
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 any county having a population of less than 5,000 to issue
funding bonds and to provide for the validation of claims to
be paid by or
from the proceeds of such bonds, and to provide for a tax to pay the
principal and interest of said bonds", approved August 15, 1961, 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 any
county having a population of less than 5,000 to issue funding bonds and to
provide for the validation of claims to be paid by or from the proceeds of
such bonds, and to provide for a tax to pay the principal and interest of
said bonds", approved August 15, 1961, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 90-655, eff. 7-30-98.)
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55 ILCS 5/6-12004
(55 ILCS 5/6-12004) (from Ch. 34, par. 6-12004)
Sec. 6-12004.
Bond resolution; tax levy.
Such
bonds may be issued at any time and
from time to time and at
the time of issuing any such bonds, the county board shall provide by
resolution the date of maturity of each bond, the rate of interest, and
shall also provide in said resolution for the collection of a direct annual
tax upon all the taxable property within such county sufficient to pay and
discharge the principal of any such bonds at maturity, and to pay the
interest thereon as it falls due. A certified copy of such resolution shall
be filed in the office of the county clerk, as tax extension officer of
said county, and he shall extend the tax therein provided for each of the
years while any of such bonds are outstanding. Such tax shall be in
addition to any and all other taxes now or hereafter authorized to be
levied by such county within the Constitutional limitation, and shall not
be included in any statutory limitation of rate or amount but shall be
excluded therefrom and be in excess thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/6-12005
(55 ILCS 5/6-12005) (from Ch. 34, par. 6-12005)
Sec. 6-12005.
Existing statutes.
This Division shall not be
construed as repealing or modifying any existing statute with respect to
the issuance of bonds, but shall be deemed to be additional authority to
issue funding bonds. The purchaser of any such bonds shall not be obligated
to inquire into the validity of the claims funded by reason of the issue of
such bonds; and all such bonds issued hereunder shall be valid obligations
of the issuing county.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-13
(55 ILCS 5/Div. 6-13 heading)
Division 6-13.
Bonds to Pay Claims - Counties
Between 180,000 and 200,000 Population
|
55 ILCS 5/6-13001
(55 ILCS 5/6-13001) (from Ch. 34, par. 6-13001)
Sec. 6-13001.
Bonds to pay claims against counties of 180,000 to
200,000. Any county having a population of not less than 180,000 and not
more than 200,000 is authorized to issue bonds at any time and from time to
time prior to January 1, 1954 for the purpose of paying claims against such
county heretofore or hereafter duly audited and allowed. Such bonds may be
issued in an amount, including existing indebtedness, in excess of any
statutory limitation as to debt, but not to exceed $400,000 nor the
constitutional limitation, without submitting the proposition of issuing
the bonds or the levying of a tax to pay the same to the voters of said county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-13002
(55 ILCS 5/6-13002) (from Ch. 34, par. 6-13002)
Sec. 6-13002.
Resolution establishing validity of claims.
Before any
such county avails itself of the provisions of this Division, the county
board shall examine and consider the claims proposed to be paid and, if it
appears that such claims were authorized and duly audited and allowed for
corporate purposes, it shall adopt a resolution so declaring and set forth
and describe in detail such claims; the adoption of such resolution shall
establish the validity of such claims.
(Source: P.A. 86-962.)
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55 ILCS 5/6-13003
(55 ILCS 5/6-13003) (from Ch. 34, par. 6-13003)
Sec. 6-13003.
Maturity of bonds; tax.
All bonds issued under
the provisions of this Division shall mature within 20 years from their
date and bear interest at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable annually or semi-annually, and may be sold as the county
board may direct at not less than par and accrued interest, and the
proceeds derived from the sale thereof shall be used solely and only for
the payment of such claims, or the bonds may be exchanged par for par for
such claims.
Before or at the time of issuing any such bonds, the county board shall
provide by resolution for the collection of a direct annual tax upon all
the taxable property within such county sufficient to pay and discharge the
principal of any such bonds at maturity, and to pay the interest thereon as
it falls due. A certified copy of such resolution shall be filed in the
office of the county clerk, as tax extension officer of said county, and he
shall extend the tax therein provided for each of the years while any of
such bonds are outstanding. Such tax shall be in addition to any and all
other county taxes now or hereafter authorized within the Constitutional
limitation. Statutory tax limitations applicable to the county shall not
apply to the levy of taxes for the payment of interest or principal of any
bonds issued under this Division.
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 counties having a population of not less than 180,000 and not
more than 200,000 to issue bonds for the payment of claims", approved May
25, 1953, 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
counties having a population of not less than 180,000 and not more than
200,000 to issue bonds for the payment of claims", approved May 25, 1953,
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 5/6-13004
(55 ILCS 5/6-13004) (from Ch. 34, par. 6-13004)
Sec. 6-13004.
Validity of bonds issued.
The purchaser of any such
bonds shall not be obligated to inquire into the validity of the claims
funded by reason of the issue of such bonds; and all bonds issued hereunder
shall be valid obligations of the issuing county.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-14
(55 ILCS 5/Div. 6-14 heading)
Division 6-14.
Bonds for Certain Unpaid Judgments -
Counties under 250,000 Population
|
55 ILCS 5/6-14001
(55 ILCS 5/6-14001) (from Ch. 34, par. 6-14001)
Sec. 6-14001.
Judgments rendered in suits commenced prior to December
31, 1959. The County Board of any County having a population of less than
250,000 inhabitants and in which a Public Building Commission authorized by
the "Public Building Commission Act", approved July 5, 1955, as now or
hereafter amended, does not exist, by resolution may authorize the issuance
of funding bonds not to exceed $600,000 to fund any judgment or judgments
which have been or may be rendered in suits commenced prior to December 31,
1959, against said County for indebtedness duly audited and allowed prior
to such date and which are unpaid, and to pay which no funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, payable
semi-annually), place of payment, and may
provide that the bonds may be registerable as to principal and other
details necessary and incident to the legal issuance thereof. Said
resolution shall also authorize and direct the levy of an annual tax
against the taxable property of said County sufficient to pay the interest
and principal of said bonds as it matures, in accordance with the
provisions of said resolution, which tax shall be included within the rate
limitation prescribed for county corporate purposes, and shall not be in
addition thereto and in excess thereof. Such tax shall be extended at the
same time and in the same manner as other taxes levied for county purposes,
except that if a general reduction in levies is required to keep the
maximum for corporate purposes within the statutory rate limitation the tax
levy provided for herein shall not be reduced. Said tax shall be collected
in the same manner as is provided for the collection of other taxes, and
when collected shall be paid into the county treasury to the credit of the
"Judgment Funding Fund", and used for the payment of the bonds and interest
herein authorized.
All such bonds shall be sold to the highest and best responsible bidder,
and notice of the time and place bids may be submitted shall be given by
publication in a newspaper of general circulation published in the county,
if there is one, and if none, then in a newspaper of general circulation
therein, such notice to be published once each week for three successive
weeks, the last publication to be at least one day prior to the time
specified in the notice. Any sale of bonds in violation of this
Division is void.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
Courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
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
authorizing the issuance of funding bonds by counties to care for unpaid
judgments against the county, and providing for a tax levy for their
payment", approved July 28, 1941, 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 authorizing the issuance of funding bonds by counties
to care for unpaid judgments against the county, and providing for a tax
levy for their payment", approved July 28, 1941, 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/Div. 6-15
(55 ILCS 5/Div. 6-15 heading)
Division 6-15.
Bonds for Certain Unpaid
Judgments or Claims -
Counties over 500,000 Population
|
55 ILCS 5/6-15001
(55 ILCS 5/6-15001) (from Ch. 34, par. 6-15001)
Sec. 6-15001.
Judgments rendered prior to December 1, 1942.
In all cases where any county having a population of 500,000 or
more inhabitants has incurred indebtedness prior to December 1, 1942 for
proper county purposes, such indebtedness being evidenced by claims that
shall have been audited and allowed by the county board, or evidenced by
judgments rendered prior to December 1, 1942 against such county, such
county may issue negotiable coupon bonds in the amount of such unpaid
claims or judgments, or both, for the purpose of paying same, and may levy
taxes upon all the taxable property in such county sufficient to pay the
principal of such bonds at maturity and to pay the interest thereon, as it
falls due, within the constitutional limitation of 75 cents per $100 of
valuation, without submitting the question of issuing such bonds and
levying such taxes to a vote of the people of such county. Such bonds shall
bear interest at a rate of not to exceed five per centum per annum and the
maturity thereof shall be determined by the county board within twenty
years from their date and such bonds shall be authorized by resolution
adopted by the county board prescribing all details of issue and
determining the amount of unpaid indebtedness incurred for proper county
purposes whether evidenced by judgments or claims, or both, which finding
shall be conclusive as to the amount and validity thereof.
Such bonds shall be sold for not less than their par value upon sealed
bids after such advertising as the county board may deem necessary,
provided, however, that said county board may reserve the right to reject
any and all bids therefor; or such bonds may be delivered by the county
board to the owners of such indebtedness evidenced by claims, or to the
holders of such judgments, on the basis of par for par, in full payment
therefor, and in either case the claims representing such indebtedness
shall be paid simultaneously upon the delivery of the bonds and the
judgments shall be satisfied and released simultaneously upon the delivery
of the bonds, and proper records shall be made showing such payment and
satisfaction thereof. Such payments may be made without any prior
appropriation therefor under any budget law.
Such bonds and coupons shall be payable in lawful money of the United
States of America at such place or places as may be fixed in the resolution
authorizing same and shall be signed in the manner and by the officials
directed by such resolution and such bonds may be issued in an amount,
including existing indebtedness, not to exceed the constitutional
limitation as to debt notwithstanding any statutory debt limitation to the
contrary.
The validity of any bonds hereby authorized to be issued shall remain
unimpaired although one or more of the officials executing such bonds shall
cease to be such officer or officers before the date of delivery thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/6-15002
(55 ILCS 5/6-15002) (from Ch. 34, par. 6-15002)
Sec. 6-15002.
Bond resolution; tax levy.
The resolution authorizing
such bonds shall provide for the levy and collection of a direct annual tax
upon all the taxable property in said county sufficient to pay the
principal thereof and interest on such bonds as the same respectively falls
due, which tax for payment of such principal and interest shall be in
addition to the maximum rate of taxation for all other county purposes now
or hereafter permitted by the statutes of this state, and a certified copy
of such bond resolution shall be filed with the county clerk of such county
and it shall be the duty of such county clerk annually when extending taxes
of said county levied for county purposes to extend taxes sufficient for
the purpose of paying the principal of and interest on the bonds therein
authorized as directed in and by said resolution, which tax so extended by
such county clerk shall not be subject to any statutory limitation as to
rate or amount and shall be in addition to the statutory maximum rate of
taxation for all other county purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-15003
(55 ILCS 5/6-15003) (from Ch. 34, par. 6-15003)
Sec. 6-15003.
Validity of claims or judgments funded by bonds.
The holder of any such bonds shall not be obligated to inquire into
the validity of the claims or judgments funded thereby but shall be
entitled to rely upon the proceedings taken pursuant to the provisions of
this Division with respect thereto as establishing the validity
of such claims or judgments so funded, and the power to issue such bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-16
(55 ILCS 5/Div. 6-16 heading)
Division 6-16.
Bonds to Pay Certain Judgments -
Counties under 500,000 Population
|
55 ILCS 5/6-16001
(55 ILCS 5/6-16001) (from Ch. 34, par. 6-16001)
Sec. 6-16001.
Judgments rendered prior to May 1, 1961.
The County
Board of any County having a population of less than 500,000 inhabitants,
by resolution may authorize the issuance of funding bonds not to exceed
$225,000 to fund any judgment or judgments which have been rendered prior
to May 1, 1961, against said County for indebtedness duly audited and
allowed prior to August 21, 1961, and which are unpaid, and to pay which no
funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract), place
of payment, and may provide that the bonds may
be registerable as to principal and other details necessary and incident to
the legal issuance thereof. Said resolution shall also authorize and direct
the levy of an annual tax against the taxable property of said County
sufficient to pay the interest and principal of said bonds as it matures,
in accordance with the provisions of said resolution, which tax shall be
included within the rate limitation prescribed for county corporate
purposes, and shall not be in addition thereto and in excess thereof. Such
tax shall be extended at the same time and in the same manner as other
taxes levied for county purposes, except that if a general reduction in
levies is required to keep the maximum for corporate purposes within the
statutory rate limitation the tax levy provided for herein shall not be
reduced. Said tax shall be collected in the same manner as is provided for
the collection of other taxes, and when collected shall be paid into the
county treasury to the credit of the "Judgment Funding Fund," and used for
the payment of the bonds and interest herein authorized.
The bonds shall be sold to the highest and best responsible bidder
therefor. Notice of the time and place bids will be publicly opened shall
be given by publication in a newspaper having general circulation in the
county issuing such bonds, one each week for 3 successive weeks, the last
publication to be at least one week prior to the time specified in the
notice for the opening of bids.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
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 Section or "An Act
to authorize counties having a population of less than 500,000 to issue
funding bonds to pay judgments rendered against such counties prior to May
1, 1961, and providing for a tax levy for their payment", approved August
21, 1961, 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 Section or "An Act to authorize
counties having a population of less than 500,000 to issue funding bonds to
pay judgments rendered against such counties prior to May 1, 1961, and
providing for a tax levy for their payment", approved August 21, 1961, 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 5/6-16002
(55 ILCS 5/6-16002) (from Ch. 34, par. 6-16002)
Sec. 6-16002.
Judgments rendered prior to January 1, 1964.
The
County Board of any County having a population of less than
500,000 inhabitants, by resolution may authorize the issuance of funding
bonds not to exceed $1,400,000 to fund any judgment or judgments which have
been rendered prior to January 1, 1964, against said County, and which are
unpaid, and to pay which no funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract), place of
payment, and may provide that the bonds may
be registerable as to principal and other details necessary and incident to
the legal issuance thereof. Said resolution shall also authorize and direct
the levy of an annual tax against the taxable property of said County
sufficient to pay the interest and principal of said bonds as it matures,
in accordance with the provisions of said resolution, which tax shall be
included within the rate limitation prescribed for county corporate
purposes, and shall not be in addition thereto and in excess thereof. Such
tax shall be extended at the same time and in the same manner as other
taxes levied for county purposes, except that if a general reduction in
levies is required to keep the maximum for corporate purposes within the
statutory rate limitation the tax levy provided for herein shall not be
reduced. Said tax shall be collected in the same manner as is provided for
the collection of other taxes, and when collected shall be paid into the
county treasury to the credit of the "Judgment Funding Fund," and used for
the payment of the bonds and interest herein authorized.
The bonds shall be sold to the highest and best responsible bidder
therefor. Notice of the time and place bids will be publicly opened shall
be given by publication in a newspaper having general circulation in the
county issuing such bonds, once each week for 3 successive weeks, the last
publication to be at least one week prior to the time specified in the
notice for the opening of bids.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
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 Section or "An Act
to authorize the County Board of any County having a population of less
than 500,000 inhabitants, to issue funding bonds to pay judgments rendered
against such counties prior to January 1, 1964, and providing for a tax
levy for their payment", approved August 13, 1963, 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 Section or "An Act to authorize the County
Board of any County having a population of less than 500,000 inhabitants,
to issue funding bonds to pay judgments rendered against such counties
prior to January 1, 1964, and providing for a tax levy for their payment",
approved August 13, 1963, 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/Div. 6-17
(55 ILCS 5/Div. 6-17 heading)
Division 6-17.
Bonds to Pay Judgments -
Counties over 500,000 Population
|
55 ILCS 5/6-17001
(55 ILCS 5/6-17001) (from Ch. 34, par. 6-17001)
Sec. 6-17001.
Judgments rendered prior to August 7, 1947.
In all cases where any county having a population of 500,000 or more
inhabitants has incurred indebtedness prior to August 7, 1947 for proper
county purposes, such indebtedness being evidenced by judgments rendered
prior to August 7, 1947 against such county,
such county may issue negotiable coupon bonds in such an amount not
exceeding $3,000,000 as is necessary for the purpose of paying same, and
may levy taxes upon all the taxable property in such county sufficient to
pay the principal of such bonds at maturity and to pay the interest
thereon, as it falls due, within the constitutional limitation of 75 cents
per $100 of valuation, without submitting the question of issuing such
bonds and levying such taxes to a vote of the people of such county. Such
bonds shall bear interest at a rate of not to exceed five per centum per
annum and the maturity thereof shall be determined by the county board
within twenty years from their date and such bonds shall be authorized by
resolution adopted by the county board prescribing all details of issue and
determining the amount of unpaid indebtedness incurred for proper county
purposes evidenced by judgments, which finding shall be conclusive as to
the amount and validity thereof.
Such bonds shall be sold for not less than their par value upon sealed
bids. The County Board shall from time to time as bonds are to be sold,
advertise in a daily newspaper of general circulation of such county for
proposals to purchase such bonds, at least ten days prior to the opening of
the bids. The County Board may reserve the right to reject any and all
bids. The judgments shall be satisfied and released simultaneously upon the
delivery of the bonds, and proper records shall be made showing such
payment and satisfaction thereof. Such payments may be made without any
prior appropriation therefor under any budget law.
Such bonds and coupons shall be payable in lawful money of the United
States of America at such place or places as may be fixed in the resolution
authorizing same and shall be signed in the manner and by the officials
directed by such resolution and such bonds may be issued in an amount,
including existing indebtedness, not to exceed the constitutional
limitation as to debt notwithstanding any statutory debt limitation to the
contrary.
The validity of any bonds hereby authorized to be issued shall remain
unimpaired although one or more of the officials executing such bonds shall
cease to be such officer or officers before the date of delivery thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/6-17002
(55 ILCS 5/6-17002) (from Ch. 34, par. 6-17002)
Sec. 6-17002.
Bond resolution; tax levy.
The
resolution authorizing such bonds shall provide for the levy
and collection of a direct annual tax upon all the taxable property in said
county sufficient to pay the principal thereof and interest on such bonds
as the same respectively falls due, which tax for payment of such principal
and interest shall be in addition to the maximum rate of taxation for all
other county purposes now or hereafter permitted by the statutes of this
state, and a certified copy of such bond resolution shall be filed with the
county clerk of such county and it shall be the duty of such county clerk
annually when extending taxes of said county levied for county purposes to
extend taxes sufficient for the purpose of paying the principal of and
interest on the bonds therein authorized as directed in and by said
resolution, which tax so extended by such county clerk shall not be subject
to any statutory limitation as to rate or amount and shall be in addition
to the statutory maximum rate of taxation for all other county purposes.
(Source: P.A. 86-962.)
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55 ILCS 5/6-17003
(55 ILCS 5/6-17003) (from Ch. 34, par. 6-17003)
Sec. 6-17003.
Bondholder's rights.
The holder of
any such bonds shall not be obligated to inquire into
the validity of the judgment funded thereby but shall be entitled to rely
upon the proceedings taken pursuant to the provisions of this Division
with respect thereto as establishing the validity of such judgments
so funded, and the power to issue such bonds.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-18
(55 ILCS 5/Div. 6-18 heading)
Division 6-18.
Bonds for Medical
Services and Law Enforcement
|
55 ILCS 5/6-18001
(55 ILCS 5/6-18001) (from Ch. 34, par. 6-18001)
Sec. 6-18001.
Bonds for medical services and law enforcement.
For the purpose of improving hospital, medical, and health services and
for improving law enforcement, any county with a population of 1,000,000 or
more inhabitants may, prior to December 1, 1970, by resolution of its
County Board, incur an indebtedness and issue bonds therefor in amounts not
exceeding in the aggregate of $12,000,000. Such bonds shall bear interest
at a rate of not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and shall mature within 20 years from the date thereof. The resolution
authorizing this issuance of bonds may be made effective without the
submission thereof to the voters of the county for approval.
The resolution authorizing such bonds shall provide for the levy of a
direct annual tax upon all the taxable property in the county sufficient to
pay and discharge the principal of such bonds at maturity and to pay the
interest thereon as it falls due. This tax shall be levied with the general
taxes of the county and shall be in addition to the maximum of all other
taxes and tax rates which the county is or may be authorized to levy.
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 Act or "An Act to
revise the law in relation to counties", approved March 31, 1874, 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 Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, 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/Div. 6-19
(55 ILCS 5/Div. 6-19 heading)
Division 6-19.
Appropriations for Farmers' Institutes
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55 ILCS 5/6-19001
(55 ILCS 5/6-19001) (from Ch. 34, par. 6-19001)
Sec. 6-19001.
Appropriation; purpose.
The county board may
appropriate not more than $300 per annum for use of county farmers'
institutes in their efforts to promote the adoption of the latest approved
methods of crop production, the improvement of live stock, the conservation
of soil fertility, and the improvement of agricultural conditions generally.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-20
(55 ILCS 5/Div. 6-20 heading)
Division 6-20.
Appropriations for Soil and Crop Improvement
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55 ILCS 5/6-20001
(55 ILCS 5/6-20001) (from Ch. 34, par. 6-20001)
Sec. 6-20001.
Appropriation; purpose.
The county boards of the
several counties of this State are hereby authorized and empowered to
make appropriations to and for the use of county soil and crop improvement
associations and home improvement associations, or any other like
associations organized for the improvement of general agricultural or
home conditions, annually, which is hereby declared to be for county
purposes, and to be paid to the treasurer of such association as soon as
the annual taxes shall have been collected in like manner as all other
expenditures are authorized and expended by said boards.
(Source: P.A. 86-962.)
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55 ILCS 5/6-20002
(55 ILCS 5/6-20002) (from Ch. 34, par. 6-20002)
Sec. 6-20002.
Statement of expenditures.
It shall be the duty of the
treasurer of such association receiving said money to prepare at least
annually a complete and detailed statement or report of the manner in which
said money shall have been expended, which said statement shall be signed
by the president of said association, attested by its secretary, and sealed
with its seal, if it have one, and file said report with the said county board.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-21
(55 ILCS 5/Div. 6-21 heading)
Division 6-21.
Appropriations and Taxes for County Fairs
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55 ILCS 5/6-21001
(55 ILCS 5/6-21001) (from Ch. 34, par. 6-21001)
Sec. 6-21001.
Appropriation; purpose.
The county board may
appropriate not more than $300 per annum to be used for educational or
agricultural exhibits at the county fair held in its county.
(Source: P.A. 86-962.)
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55 ILCS 5/6-21002
(55 ILCS 5/6-21002) (from Ch. 34, par. 6-21002)
Sec. 6-21002.
Tax for county fair purposes.
Whenever a petition
signed by 100 taxpayers of any county is presented to the county board of
such county of less than 1,000,000 population requesting the submission of
a proposition whether or not, an annual tax of not to exceed .05 per cent
of the value, as equalized or assessed by the Department of Revenue, of all
taxable property in such county shall be levied upon all the taxable
property of such county for the purpose of creating and maintaining a fund
for county fair purposes, such county board shall adopt a resolution for
the submission of such proposition at the next regular election held in
such county. The county board shall certify the resolution and the
proposition to the proper election officials, who shall submit the
proposition at said election in accordance with the general election law.
The foregoing limitations upon tax rates may be increased or decreased
under the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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55 ILCS 5/6-21003
(55 ILCS 5/6-21003) (from Ch. 34, par. 6-21003)
Sec. 6-21003.
Referendum.
Upon the adoption of such resolution and
the certification thereof to the county clerk of such county such
proposition shall be submitted at the next regular election held in such
county.
Such proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall an annual tax of not to exceed .05 per cent be YES levied in ...... county for - - - - - - - - - - - - - - - - - - - - - -
county fair purposes in such NO county? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the legal voters of such county voting on such
proposition vote in favor thereof, such proposition shall be deemed
adopted.
(Source: P.A. 86-962 .)
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55 ILCS 5/6-21004
(55 ILCS 5/6-21004) (from Ch. 34, par. 6-21004)
Sec. 6-21004.
Tax levy.
Upon the adoption of such proposition the
county board shall cause an annual tax of not to exceed .05% of value, as
equalized or assessed by the Department of Revenue, of all taxable property
of such county to be levied upon all the taxable property in such county
for county fair purposes therein. Such tax shall be in addition to all
other taxes authorized by law to be levied and collected in such county and
shall be in addition to the maximum of taxes authorized by law for county
purposes. The foregoing limitations upon tax rates may be increased or
decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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55 ILCS 5/6-21005
(55 ILCS 5/6-21005) (from Ch. 34, par. 6-21005)
Sec. 6-21005.
County fair fund.
The proceeds of
the tax herein authorized shall be paid into the
county treasury in a fund to be known as the county fair fund. Such fund
may be used by the county board for the maintenance and repair of the
property and buildings of a county fair selected by such county board as
the county fair of such county, in the acquisition of property for such
county fair and for the retirement of the indebtedness of such county fair.
Such fund shall be expended in the same manner and subject to the same
requirements as other county expenditures.
(Source: P.A. 86-962.)
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55 ILCS 5/6-21006
(55 ILCS 5/6-21006) (from Ch. 34, par. 6-21006)
Sec. 6-21006.
Discontinuance of tax.
Upon a petition signed by one
hundred taxpayers of a county which has authorized a tax for county fair
purposes under the provisions of this Division, being presented to the
county board of such county, requesting a
proposition whether or not the tax for county fair purposes which has been
so authorized in such county be discontinued, the county board shall adopt
a resolution providing for the submission of such proposition to the voters
of such county in a similar manner as is hereinabove provided for the
submission of the proposition for the levy of such tax.
If a majority of the voters of such county, voting upon such proposition
are in favor thereof such proposition shall be deemed adopted and such tax
be discontinued in such county. In case any funds remain to the credit of
the county fair fund, after such a tax has been discontinued, and the
county fair in such county has also been discontinued and no outstanding
indebtedness exists against such county fair, such remaining funds shall be
paid into the general fund for county purposes in the county treasury.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-22
(55 ILCS 5/Div. 6-22 heading)
Division 6-22.
Appropriations for Poultry Exhibits
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55 ILCS 5/6-22001
(55 ILCS 5/6-22001) (from Ch. 34, par. 6-22001)
Sec. 6-22001.
Appropriation; purpose.
The county board may
appropriate not more than $500 per annum for county exhibitions of poultry
for use by societies organized for that purpose in their efforts to promote
the adoption of the latest approved methods of propagating the different
breeds of poultry and of increasing the poultry industry.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-23
(55 ILCS 5/Div. 6-23 heading)
Division 6-23.
Tax for County Historical Museum
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55 ILCS 5/6-23001
(55 ILCS 5/6-23001) (from Ch. 34, par. 6-23001)
Sec. 6-23001.
Tax authorization.
Any county, having less than
2,000,000 inhabitants, may levy and collect a direct annual tax not
exceeding .002% of value upon all the taxable property in such county, as
equalized or assessed by the Department of Revenue, sufficient to pay the
cost of maintaining any historical museum which may be owned or operated by
that county. The amount of annual tax may be increased to an amount not
exceeding .004% of the value of all taxable property as equalized or
assessed by the Department of Revenue if the proposition for such tax rate
increase has been submitted to the electors of that county and approved by
a majority of those voting on the question. The election authorized by
this Section shall be conducted in accordance with the general election law
except that it may be held only at the same time as a primary or general
election at which Representatives of the General Assembly are
nominated or elected. The rate of tax authorized by this Division shall
not be included within any limitation of rate for general purposes as may
now or hereafter be provided by statute.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 6-24
(55 ILCS 5/Div. 6-24 heading)
Division 6-24.
Cook County Appropriations
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55 ILCS 5/6-24001
(55 ILCS 5/6-24001) (from Ch. 34, par. 6-24001)
Sec. 6-24001.
Annual appropriation bill.
The board of
commissioners of Cook County shall, within the first quarter of
each fiscal year adopt a resolution, to be termed the annual appropriation
bill, in and by which resolution said board shall appropriate such sums of
money as may be necessary to defray all necessary expenses and liabilities
of said Cook County, to be by said county paid or incurred during and until
the time of the adoption of the next annual appropriation bill under this
section: Provided, that said board shall not expend any money or incur any
indebtedness or liability on behalf of said county in excess of the
percentage and several amounts now limited by law, and based on the limit
prescribed in the Constitution, when applied to the last previous
assessment. For the year 1931 and each year thereafter, such appropriation
bill shall set forth estimates, by classes, of all current assets and
liabilities of each fund of such county, as of the beginning of said fiscal
year, and the amounts of such assets available for appropriation in such
year, either for expenditures or charges to be made or incurred during such
year or for liabilities unpaid at the beginning thereof. Such board by
resolution may create, set apart and maintain an imprest cash fund for
monies which have been advanced by such county for state programs pursuant
to law prior to reimbursement by the state for expenses incurred by such
county. The monies shown as the balance in such fund in such appropriation
bill shall not be considered to be available for appropriation. Estimates
of taxes to be received from the levies of prior years shall be net, after
deducting amounts estimated to be sufficient to cover the loss and cost of
collecting such taxes and also the amounts of such taxes for the nonpayment
of which real estate has been or shall be forfeited to the State and
abatements in the amount of such taxes extended or to be extended upon the
collectors' books. Estimates of the liabilities of the respective funds
shall include (a) all final judgments, including accrued interest thereon,
entered against such county and unpaid at the beginning of such fiscal
year, (b) the principal of all anticipation tax warrants and all temporary
loans and all accrued interest thereon unpaid at the beginning of such
fiscal year, (c) the principal of all notes issued in anticipation of taxes
under the provisions of Division 6-2, and all accrued interest
thereon unpaid at the beginning of such fiscal year, and (d) any amount for
which the board of commissioners is required to reimburse the working cash
fund from the general corporate fund pursuant to the provisions of
Division 6-27. Such annual appropriation
bill shall also set forth detailed estimates of all taxes to be levied for
such year and of all other current revenues to be derived from sources
other than such taxes, including any funds authorized by Division 6-6 and
any funds made available under Section 5-701.10 of the "Illinois Highway
Code", approved July 8, 1959, as amended, which will be applicable to
expenditure or charges to be made or incurred during such year. No estimate
of taxes to be levied for general corporate purposes, or for any other
purpose, except for the payment of bonded indebtedness or interest thereon,
and except for pension fund purposes or working cash fund purposes, shall
exceed a sum equivalent to the product of the value of the taxable property
in such county, as ascertained by the last assessment for state and county
taxes previous to the passage of such annual appropriation bill, multiplied
by the maximum per cent or rate of tax which such county is authorized by
law to levy for said current fiscal year for any such purpose or purposes
with reference to which such estimate is made. All such estimates shall be
so segregated and classified as to funds and in such other manner as to
give effect to the requirements of law relating to the respective purposes
to which said assets and taxes and other current revenues are applicable,
to the end that no expenditure shall be authorized or made for any purpose
in excess of funds lawfully available therefor, including any funds
authorized by Division 6-6 and any funds made available under Section 5-701.10
of the "Illinois Highway Code," approved July 8, 1959, as amended.
(Source: P.A. 86-962.)
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55 ILCS 5/6-24002
(55 ILCS 5/6-24002) (from Ch. 34, par. 6-24002)
Sec. 6-24002.
Budget estimates; arrangement of appropriations.
Budget estimates shall be prepared and appropriations shall be
made in a manner that reflects the utilization of program, performance and
cost effectiveness principles, and budget estimates shall include
statements of the amounts and sources of all anticipated revenues including
those from Federal, State, other governments, and all other sources.
Appropriations shall be arranged according to funds and programs and
sub-activities and also according to departments and other offices and
agencies of the County. Such annual appropriation bill shall specify the
objects and purposes for which appropriations are made and the amount
appropriated for each object or purpose and shall include appropriations
for (a) all current expenditures or charges to be made or incurred during
such fiscal year, including interest to accrue on anticipation tax warrants
and notes and temporary loans; (b) all final judgments, including accrued
interest thereon, entered against such county and unpaid at the beginning
of such fiscal year; (c) any amount for which the board of commissioners of
such county is required to reimburse the working cash fund from the general
corporate fund pursuant to the provisions of Division 6-27; (d) all
other liabilities including the principal of all anticipation tax warrants
and notes and all temporary loans and accrued interest thereon, incurred
during prior years and unpaid at the beginning of such fiscal year; and (e)
an amount or amounts estimated to be sufficient to cover the loss and cost
of collecting taxes to be levied for such fiscal year and also the amounts
of taxes so levied for the nonpayment of which real estate shall be
forfeited to the State and abatements in the amounts of such taxes as
extended upon the collectors' books.
The objects and purposes for which appropriations shall be made are
classified and standardized by the following items, and by such items shall
be designated in the budget documents and the annual appropriations
ordinances: (1) personal services, (2) non-personal expenses, (3) equipment
outlays or contracts, (4) land and permanent improvements, (5)
contingencies. Contingencies shall be for subsequent transfer, if
necessary, to purposes or objects to cover only expenditures required that
could not reasonably have been foreseen and provided for at the time of the
enactment of the appropriation ordinance. The amount of any such
contingency items for each separate fund shall in no case exceed 3% of the
total annual appropriations of such fund. Contingencies appropriations
shall be by funds. Land and permanent improvements shall include the fiscal
year's portion of the county's long-range capital improvement plan, or so
much thereof as is to be appropriated therefor from all funds, regardless
of source appropriated by the county board.
In addition to amounts provided for in this Section, (1) an unreserved
fund balance may be carried to provide adequate support for the county's
bond ratings and protection against unanticipated revenue shortfalls, and
(2) a self insurance fund may be provided to satisfy claims for which the
county may be liable.
(Source: P.A. 86-962; 87-1192.)
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