(105 ILCS 5/12-11.2) (from Ch. 122, par. 12-11.2)
Sec. 12-11.2.
Orders for payment of tuition.
Issue orders on the county treasurer for the payment of the tuition of
eighth-grade graduates residing within the non-high school district
attending a recognized high school, provided such attendance is certified
to the board by the board of education of the high school attended. Such
orders shall be payable out of any funds belonging to the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-11.3) (from Ch. 122, par. 12-11.3)
Sec. 12-11.3.
Reports.
Make such reports as may be required by the State Board of Education
and by the regional
superintendent of schools.
(Source: P.A. 81-1508.)
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(105 ILCS 5/12-11.5) (from Ch. 122, par. 12-11.5)
Sec. 12-11.5.
Transportation of pupils.
If in the discretion of the board of education sufficient moneys of the
district are available after payment of the other expenses of the district,
including tuition, may provide free transportation for the pupils of their
district not living within one and one-half miles of a high school which
they may lawfully attend to the most convenient high school which such
pupils may lawfully attend under the provisions of this Act, or reimburse
pupils living in a portion of such district which cannot be reached by bus
or train for the reasonable cost of their transportation, or for the amount
necessarily expended by them for transportation in attending a high school
approved by such board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-12) (from Ch. 122, par. 12-12)
Sec. 12-12.
Anticipation warrants.
When there is no money in the treasury
of any non-high school
district to defray the necessary expenses of the district, including
amounts necessary to pay maturing principal and interest of bonds, the
board of education may issue warrants or may provide a fund to meet the
expenses by issuing and disposing of warrants drawn against and in
anticipation of any taxes levied for the payment of such expenses,
either for educational or building purposes or for the payment of
maturing principal and interest of bonds, to the extent of 85% of the
total amount of the tax so levied. The warrants shall show upon their
faces that they are payable, in the numerical order of their issuance,
solely from such taxes when collected, and shall be received by any
collector of taxes in payment of the taxes against which they are
issued, and such taxes shall be set apart and held for their payment.
Every warrant shall bear interest payable only out of the taxes
against which it is drawn, at the 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, for
warrants 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,
for warrants issued after January 1, 1972, from the date of its issuance
until paid or until notice is given by publication in a newspaper or
otherwise that the money for its payment is available and that it will
be paid on presentation, unless a lower rate of interest shall be
specified therein, in which case the interest shall be computed and paid
at the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-13) (from Ch. 122, par. 12-13)
Sec. 12-13.
Bond issue - Resolution - Election.
If there has been a delay in the extension and collection of taxes
levied by the governing body of any nonhigh school district caused by a
reassessment of real property therein, the district may issue bonds for
the purpose of paying unpaid tuition claims or other claims against it.
Before any nonhigh school district issues any such bonds the board
of education shall examine and consider the claims proposed to be paid,
and if it appears that they were authorized and allowed for proper
nonhigh school purposes, it shall adopt a resolution so declaring and
set forth and describe in detail such claims. The adoption of the
resolution shall establish the validity thereof. The resolution shall
also declare the intention of the nonhigh school district to issue
bonds for the purpose of paying such claims and direct that notice of
such intention be published at least once in a newspaper published and having
a general circulation in the district, if there be one, but if there is no
newspaper published in such district then by publishing such notice in a
newspaper having a general circulation in the district or if no newspaper
is published in the district in one or more newspapers with a general
circulation in the district. The notice shall include a statement 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 electors
of the district; (2) the time in which the petition must be filed; and (3)
the date of the prospective referendum.
The recording officer of the district shall provide a petition form to any
individual requesting one. If within 30 days after the
publication a petition is filed with the recording officer of the
district, signed by voters of the district
equal to 10% or more of the registered voters of the district, requesting
that the proposition to issue the bonds be submitted to the voters
thereof, then such district shall not be authorized to issue them until
either the petition has been determined to be invalid or insufficient or
the proposition has been submitted to and approved by a majority of the
voters voting on the proposition at a regular scheduled election. The board
shall certify the proposition to the proper election authorities for submission
in accordance with the general election law. If no such petition
is filed, or if any and all petitions filed are invalid, such
district may issue the bonds. In addition to the requirements of the general
election law the notice of the election shall set forth the
intention of the district to issue bonds under the provisions of this
Section. The ballot to be used at the election shall be in substantially
the following form:
OFFICIAL BALLOT
Shall the Board of Educationof Nonhigh School District No. YES...., .... County, Illinois, be authorized to issue bonds as authorized NOby Sec. 12-13 of the School Code?
(Source: P.A. 87-767.)
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(105 ILCS 5/12-14) (from Ch. 122, par. 12-14)
Sec. 12-14.
Resolution authorizing issue - Interest - Maturity - Taxes - Sale or exchange.
Any non-high school district which has complied with the provisions of
Section 12-13 and which is authorized to issue bonds thereunder shall
adopt a resolution authorizing the issue of bonds. The resolution shall set
forth the date, denomination, rate of interest and maturities of the bonds,
fix all the details with respect to the issue and execution thereof, and
provide for the levy of a separate tax sufficient to pay both principal and
interest of the bonds as they mature. The 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,
for bonds issued before January
1, 1972 and
not to exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, for
bonds issued after January
1, 1972, payable
annually or semi-annually as the board of education may determine, and
mature in not more than 20 years from the date thereof.
A certified copy of the resolution shall be filed with the county clerk
of the county in which the non-high school district is situated. The county
clerk shall annually extend taxes against all of the taxable property
contained in the non-high school district in amounts sufficient to pay
maturing principal and interest of the bonds without limitation as to rate
and amount, and in addition to and in excess of any taxes authorized to be
levied by the district.
The bonds may be exchanged par for par for unpaid tuition claims or
other unpaid claims or both or may be sold and the proceeds used to pay
such claims.
Purchasers of bonds shall not be obligated to inquire into the validity
of the claims funded thereby but the determination of the board of
education by resolution to issue such bonds for such purpose shall be
conclusive evidence to such purchaser or owner as to the validity of the
claims thereby funded.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-15) (from Ch. 122, par. 12-15)
Sec. 12-15.
Bonds to pay tuition or judgments - Resolution - Election.
Any nonhigh school district may issue bonds for the purpose of
paying unpaid tuition claims or judgments which have been obtained by
any school district against the nonhigh school district on unpaid
tuition claims, or for the purpose of paying other claims against the
nonhigh school district.
Before any such district issues any such bonds the board of education
thereof shall examine and consider the claims for unpaid tuition and
other claims proposed to be paid including any judgments obtained
against the district on unpaid tuition claims and if it appears that
such claims and judgments were authorized and allowed for proper
nonhigh school purposes, it shall adopt a resolution so declaring and
set forth and describe in detail such claims and judgments and the
adoption of the resolution shall establish the validity thereof. The
intention of the district to issue bonds for the purpose of paying such
claims and judgments shall be declared in the resolution and it shall be
directed therein that notice of such intention be published in accordance
with the general election law. The
proposition to issue bonds shall be certified to the proper election authorities
for submission to the voters of the district at a regular
scheduled election, in accordance with the general election law and if
approved by a majority of such voters voting thereon the district may
issue the bonds. In addition to the requirements in the general election
law notice of the election shall set forth the intention of
the district to issue bonds under the provisions of this Section. The
proposition shall be in substantially the following form:
OFFICIAL BALLOT
Shall the Board of Education ofNonhigh School District No....., YES.... County, Illinois, be authorized to issue bonds as authorized by NOSection 12-15 of the School Code?
(Source: P.A. 81-1489.)
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(105 ILCS 5/12-16) (from Ch. 122, par. 12-16)
Sec. 12-16.
Resolution authorizing issue - interest - maturity - taxes - sale or
exchange.
Any non-high school district which has complied with Section 12-15 and
which is authorized to issue bonds thereunder shall adopt a resolution
authorizing their issuance. The resolution shall set forth the date,
denomination, rate of interest and maturities of the bonds, fix all details
with respect to the issue and execution thereof, and provide for the levy
of a separate tax sufficient to pay both principal and interest of the
bonds as they mature. The 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 semi-annually as
the board of education
may determine, and mature in not more than 20 years from the date thereof.
A certified copy of the resolution authorizing the issue of the bonds
shall be filed with the county clerk of the county in which the non-high
school district is situated and the county clerk shall annually extend
taxes against all of the taxable property in the non-high school district
in amounts sufficient to pay maturing principal and interest of the bonds
without limitation as to rate and amount, and in addition to and in excess
of any taxes authorized to be levied by the district.
The bonds may be exchanged par for par for unpaid tuition claims or such
judgment or judgments or other unpaid claims or both, or may be sold and
the proceeds used to pay such claims or judgments.
Purchasers of bonds shall not be obligated to inquire into the validity
of the claims funded thereby but the determination of the board of
education by resolution to issue them shall be conclusive evidence of the
validity of the claims thereby funded.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/12-17) (from Ch. 122, par. 12-17)
Sec. 12-17.
Clerk to extend taxes.
The County Clerk shall extend taxes to pay principal and interest of any
outstanding bonds of a non-high school district issued to fund and pay
unpaid tuition claims or judgments obtained by any school district against
a non-high school district on unpaid tuition claims, as provided by each
bond resolution on file in his office, against all the taxable property
included within the said non-high school district as of the date of the
said bonds, and the County Clerk shall extend taxes to pay principal and
interest of any outstanding refunding bonds, as provided by each bond
resolution on file in his office, against all of the taxable property
included within said non-high school district as of the date of the bonds
which were refunded thereby, and the County Clerk shall extend taxes for
the payment of principal and interest of any refunding bonds hereafter
issued, according to each such bond resolution on file in his office,
against all the taxable property included within any non-high school
district as of the date of the bonds of said District refunded thereby.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/12-18) (from Ch. 122, par. 12-18)
Sec. 12-18.
Winding up of affairs of Non-High School District.
Upon the elimination of any non-high school district, as provided by
Section 12-24 of this Article, the Regional Superintendent
of Schools, the County Treasurer and the County Clerk shall constitute a Board
of
Education, ex-officio, for the purpose of winding up the affairs of the
non-high school district and paying all outstanding
obligations. The County Treasurer shall be Treasurer, ex-officio, of that Board
to receive
and collect all delinquent taxes and taxes in process of collection of the
district at the time of its elimination, and the Board shall apply the
taxes so collected to the payment of any outstanding obligations of the
eliminated non-high school district. Such Board of Education shall
meet annually by the second Tuesday in September of each year and ascertain
the amount of outstanding bonds of the non-high school district, the
amount of funds on hand from the tax levies for the payment of either
principal or interest, or both, of such bond issues, and to ascertain the
deficiencies in the collection of the taxes for the purpose of paying such
principal and interest of such bonds, and to provide for and levy taxes
annually in an amount sufficient to make up the deficiency in the levy and
collection of such taxes for the purpose of paying in full the principal and
interest of any outstanding bonds of such non-high school district. Such
Board of Education shall file with the County Clerk by the second Monday of
October in each year a certificate of the amounts necessary to be levied to
make up any deficiency in the collection of taxes for payment of principal
and interest of any outstanding bonds of the non-high school district over
the signature of the Regional Superintendent of Schools and
the County Treasurer,
and the County Clerk shall extend the tax for the deficiency as so
ascertained against all the taxable property of the non-high school
district as it existed as of the date of the bonds for which the tax levy
is made, and in accordance with the provisions of Section 12-17 of this
Article.
After payment of all outstanding bonds or after provision has been made
for the payment of such bonds, any funds remaining in the bond principal
and interest account shall be paid by the Board to high school districts
organized since January 1, 1955 solely from the territory of an eliminated
non-high school district. Payment to each high school district shall be
made in the same ratio as the assessed valuation of each high school
district bears to the total valuation of all high school districts to which
payment is being made. In the event payment is made in more than one
installment, second and succeeding installments shall be computed on the
basis of the same percentages as were used for the first payment.
(Source: P.A. 86-1028.)
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