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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 5/6-2009
(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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