(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
Sec. 19-3. Boards of education. Any school district governed by a board of
education and having a population of not more than 500,000 inhabitants, and
not governed by a special Act may borrow money for the purpose of building,
equipping, altering or repairing school buildings or purchasing or improving
school sites, or acquiring and equipping playgrounds, recreation grounds,
athletic fields, and other buildings or land used or useful for school purposes
or for the purpose of purchasing a site, with or without a building or
buildings thereon, or for the building of a house or houses on such site,
or for the building of a house or houses on the school site of the school
district, for residential purposes of the superintendent, principal, or
teachers of the school district, and issue its negotiable coupon bonds therefor
signed by the president and secretary of the board, in denominations of not
less than $100 nor more than $5,000, payable at such place and at such time or
times, not exceeding 20 years, with the exception of Lockport High School and bonds issued by any school district as qualified school construction bonds in accordance with applicable federal tax law not exceeding 25 years, from date of issuance, as the board of education
may prescribe, and bearing 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, semiannually or quarterly, but no such bonds
shall be issued unless the proposition to issue them is submitted to the voters
of the district at a referendum held at a regularly scheduled election after
the board has certified the proposition to the proper election authorities in
accordance with the general election law, a majority of all the votes cast on
the proposition is in favor of the proposition, and notice of such bond
referendum has been
given either (i) in accordance with the second paragraph of Section 12-1 of the
Election Code irrespective of whether such notice included any reference to the
public question as it appeared on the ballot, or (ii) for an election held on
or after November 1, 1998, in accordance with Section 12-5 of the Election
Code, or (iii) by publication of a true and legible copy of the specimen ballot
label containing the proposition in the form in which it appeared or will
appear on the official ballot label on the day of the election at least 5 days
before the day of the election in at least one newspaper published in and
having a general circulation in the district,
irrespective of any other requirements of Article 12 or Section 24A-18 of
the Election Code, nor shall any residential site be acquired unless such
proposition to acquire a site is submitted to the voters of the district at a
referendum held at a regularly scheduled election after the board has certified
the proposition to the proper election authorities in accordance with the
general election law and a majority of all the votes cast on the proposition is
in favor of the proposition. Nothing in this Act or in any other law shall be
construed to require the notice of the bond referendum to be published over the
name or title of the election authority or the listing of maturity dates of
any bonds either in the notice of bond election or ballot used in the bond
election.
The provisions of this Section concerning notice of the bond referendum
apply only to (i) consolidated primary elections held prior to January 1,
2002 and the consolidated election held on April 17, 2007 at which not less than 60%
of the voters voting on the bond proposition voted in favor of the bond
proposition, and (ii) other elections held before July 1, 1999; otherwise, notices required
in connection with the submission of public questions shall be as set forth in
Section 12-5 of the Election Code.
Such proposition may be initiated by resolution of the school board.
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.
The proceeds of any bonds issued under authority of this Section shall
be deposited and accounted for separately within the Site and
Construction/Capital Improvements Fund.
(Source: P.A. 99-735, eff. 8-5-16.)
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