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Rep. Barbara Flynn Currie
Filed: 5/24/2010
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09600SB3514ham008 |
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LRB096 18423 RCE 41657 a |
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| AMENDMENT TO SENATE BILL 3514
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| AMENDMENT NO. ______. Amend Senate Bill 3514, AS AMENDED, |
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| by inserting Article 20 in its proper numeric sequence as |
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| follows:
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| "ARTICLE 20. |
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| Section 5. The School Code is amended by changing Section |
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| 19-1 as follows:
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| (105 ILCS 5/19-1)
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| Sec. 19-1. Debt limitations of school districts.
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| (a) School districts shall not be subject to the provisions |
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| limiting their
indebtedness prescribed in "An Act to limit the |
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| indebtedness of counties having
a population of less than |
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| 500,000 and townships, school districts and other
municipal |
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| corporations having a population of less than 300,000", |
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| approved
February 15, 1928, as amended.
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LRB096 18423 RCE 41657 a |
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| No school districts maintaining grades K through 8 or 9 |
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| through 12
shall become indebted in any manner or for any |
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| purpose to an amount,
including existing indebtedness, in the |
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| aggregate exceeding 6.9% on the
value of the taxable property |
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| therein to be ascertained by the last assessment
for State and |
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| county taxes or, until January 1, 1983, if greater, the sum |
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| that
is produced by multiplying the school district's 1978 |
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| equalized assessed
valuation by the debt limitation percentage |
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| in effect on January 1, 1979,
previous to the incurring of such |
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| indebtedness.
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| No school districts maintaining grades K through 12 shall |
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| become
indebted in any manner or for any purpose to an amount, |
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| including
existing indebtedness, in the aggregate exceeding |
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| 13.8% on the value of
the taxable property therein to be |
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| ascertained by the last assessment
for State and county taxes |
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| or, until January 1, 1983, if greater, the sum that
is produced |
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| by multiplying the school district's 1978 equalized assessed
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| valuation by the debt limitation percentage in effect on |
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| January 1, 1979,
previous to the incurring of such |
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| indebtedness.
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| No partial elementary unit district, as defined in Article |
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| 11E of this Code, shall become indebted in any manner or for |
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| any purpose in an amount, including existing indebtedness, in |
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| the aggregate exceeding 6.9% of the value of the taxable |
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| property of the entire district, to be ascertained by the last |
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| assessment for State and county taxes, plus an amount, |
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LRB096 18423 RCE 41657 a |
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| including existing indebtedness, in the aggregate exceeding |
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| 6.9% of the value of the taxable property of that portion of |
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| the district included in the elementary and high school |
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| classification, to be ascertained by the last assessment for |
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| State and county taxes. Moreover, no partial elementary unit |
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| district, as defined in Article 11E of this Code, shall become |
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| indebted on account of bonds issued by the district for high |
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| school purposes in the aggregate exceeding 6.9% of the value of |
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| the taxable property of the entire district, to be ascertained |
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| by the last assessment for State and county taxes, nor shall |
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| the district become indebted on account of bonds issued by the |
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| district for elementary purposes in the aggregate exceeding |
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| 6.9% of the value of the taxable property for that portion of |
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| the district included in the elementary and high school |
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| classification, to be ascertained by the last assessment for |
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| State and county taxes.
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| Notwithstanding the provisions of any other law to the |
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| contrary, in any
case in which the voters of a school district |
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| have approved a proposition
for the issuance of bonds of such |
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| school district at an election held prior
to January 1, 1979, |
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| and all of the bonds approved at such election have
not been |
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| issued, the debt limitation applicable to such school district
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| during the calendar year 1979 shall be computed by multiplying |
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| the value
of taxable property therein, including personal |
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| property, as ascertained
by the last assessment for State and |
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| county taxes, previous to the incurring
of such indebtedness, |
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LRB096 18423 RCE 41657 a |
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| by the percentage limitation applicable to such school
district |
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| under the provisions of this subsection (a).
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| (b) Notwithstanding the debt limitation prescribed in |
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| subsection (a)
of this Section, additional indebtedness may be |
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| incurred in an amount
not to exceed the estimated cost of |
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| acquiring or improving school sites
or constructing and |
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| equipping additional building facilities under the
following |
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| conditions:
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| (1) Whenever the enrollment of students for the next |
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| school year is
estimated by the board of education to |
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| increase over the actual present
enrollment by not less |
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| than 35% or by not less than 200 students or the
actual |
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| present enrollment of students has increased over the |
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| previous
school year by not less than 35% or by not less |
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| than 200 students and
the board of education determines |
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| that additional school sites or
building facilities are |
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| required as a result of such increase in
enrollment; and
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| (2) When the Regional Superintendent of Schools having |
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| jurisdiction
over the school district and the State |
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| Superintendent of Education
concur in such enrollment |
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| projection or increase and approve the need
for such |
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| additional school sites or building facilities and the
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| estimated cost thereof; and
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| (3) When the voters in the school district approve a |
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| proposition for
the issuance of bonds for the purpose of |
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| acquiring or improving such
needed school sites or |
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LRB096 18423 RCE 41657 a |
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| constructing and equipping such needed additional
building |
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| facilities at an election called and held for that purpose.
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| Notice of such an election shall state that the amount of |
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| indebtedness
proposed to be incurred would exceed the debt |
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| limitation otherwise
applicable to the school district. |
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| The ballot for such proposition
shall state what percentage |
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| of the equalized assessed valuation will be
outstanding in |
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| bonds if the proposed issuance of bonds is approved by
the |
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| voters; or
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| (4) Notwithstanding the provisions of paragraphs (1) |
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| through (3) of
this subsection (b), if the school board |
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| determines that additional
facilities are needed to |
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| provide a quality educational program and not
less than 2/3 |
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| of those voting in an election called by the school board
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| on the question approve the issuance of bonds for the |
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| construction of
such facilities, the school district may |
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| issue bonds for this
purpose; or
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| (5) Notwithstanding the provisions of paragraphs (1) |
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| through (3) of this
subsection (b), if (i) the school |
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| district has previously availed itself of the
provisions of |
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| paragraph (4) of this subsection (b) to enable it to issue |
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| bonds,
(ii) the voters of the school district have not |
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| defeated a proposition for the
issuance of bonds since the |
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| referendum described in paragraph (4) of this
subsection |
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| (b) was held, (iii) the school board determines that |
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| additional
facilities are needed to provide a quality |
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LRB096 18423 RCE 41657 a |
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| educational program, and (iv) a
majority of those voting in |
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| an election called by the school board on the
question |
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| approve the issuance of bonds for the construction of such |
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| facilities,
the school district may issue bonds for this |
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| purpose.
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| In no event shall the indebtedness incurred pursuant to |
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| this
subsection (b) and the existing indebtedness of the school |
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| district
exceed 15% of the value of the taxable property |
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| therein to be
ascertained by the last assessment for State and |
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| county taxes, previous
to the incurring of such indebtedness |
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| or, until January 1, 1983, if greater,
the sum that is produced |
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| by multiplying the school district's 1978 equalized
assessed |
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| valuation by the debt limitation percentage in effect on |
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| January 1,
1979.
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| The indebtedness provided for by this subsection (b) shall |
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| be in
addition to and in excess of any other debt limitation.
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| (c) Notwithstanding the debt limitation prescribed in |
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| subsection (a)
of this Section, in any case in which a public |
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| question for the issuance
of bonds of a proposed school |
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| district maintaining grades kindergarten
through 12 received |
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| at least 60% of the valid ballots cast on the question at
an |
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| election held on or prior to November 8, 1994, and in which the |
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| bonds
approved at such election have not been issued, the |
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| school district pursuant to
the requirements of Section 11A-10 |
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| (now repealed) may issue the total amount of bonds approved
at |
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| such election for the purpose stated in the question.
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| (d) Notwithstanding the debt limitation prescribed in |
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| subsection (a)
of this Section, a school district that meets |
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| all the criteria set forth in
paragraphs (1) and (2) of this |
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| subsection (d) may incur an additional
indebtedness in an |
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| amount not to exceed $4,500,000, even though the amount of
the |
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| additional indebtedness authorized by this subsection (d), |
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| when incurred
and added to the aggregate amount of indebtedness |
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| of the district existing
immediately prior to the district |
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| incurring the additional indebtedness
authorized by this |
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| subsection (d), causes the aggregate indebtedness of the
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| district to exceed the debt limitation otherwise applicable to |
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| that district
under subsection (a):
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| (1) The additional indebtedness authorized by this |
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| subsection (d) is
incurred by the school district through |
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| the issuance of bonds under and in
accordance with Section |
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| 17-2.11a for the purpose of replacing a school
building |
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| which, because of mine subsidence damage, has been closed |
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| as provided
in paragraph (2) of this subsection (d) or |
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| through the issuance of bonds under
and in accordance with |
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| Section 19-3 for the purpose of increasing the size of,
or |
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| providing for additional functions in, such replacement |
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| school buildings, or
both such purposes.
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| (2) The bonds issued by the school district as provided |
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| in paragraph (1)
above are issued for the purposes of |
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| construction by the school district of
a new school |
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| building pursuant to Section 17-2.11, to replace an |
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| existing
school building that, because of mine subsidence |
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| damage, is closed as of the
end of the 1992-93 school year |
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| pursuant to action of the regional
superintendent of |
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| schools of the educational service region in which the
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| district is located under Section 3-14.22 or are issued for |
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| the purpose of
increasing the size of, or providing for |
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| additional functions in, the new
school building being |
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| constructed to replace a school building closed as the
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| result of mine subsidence damage, or both such purposes.
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| (e) (Blank).
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| (f) Notwithstanding the provisions of subsection (a) of |
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| this Section or of
any other law, bonds in not to exceed the |
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| aggregate amount of $5,500,000 and
issued by a school district |
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| meeting the following criteria shall not be
considered |
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| indebtedness for purposes of any statutory limitation and may |
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| be
issued in an amount or amounts, including existing |
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| indebtedness, in excess of
any heretofore or hereafter imposed |
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| statutory limitation as to indebtedness:
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| (1) At the time of the sale of such bonds, the board of |
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| education of the
district shall have determined by |
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| resolution that the enrollment of students in
the district |
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| is projected to increase by not less than 7% during each of |
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| the
next succeeding 2 school years.
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| (2) The board of education shall also determine by |
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| resolution that the
improvements to be financed with the |
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| proceeds of the bonds are needed because
of the projected |
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| enrollment increases.
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| (3) The board of education shall also determine by |
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| resolution that the
projected increases in enrollment are |
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| the result of improvements made or
expected to be made to |
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| passenger rail facilities located in the school
district.
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| Notwithstanding the provisions of subsection (a) of this |
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| Section or of any other law, a school district that has availed |
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| itself of the provisions of this subsection (f) prior to July |
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| 22, 2004 (the effective date of Public Act 93-799) may also |
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| issue bonds approved by referendum up to an amount, including |
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| existing indebtedness, not exceeding 25% of the equalized |
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| assessed value of the taxable property in the district if all |
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| of the conditions set forth in items (1), (2), and (3) of this |
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| subsection (f) are met.
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| (g) Notwithstanding the provisions of subsection (a) of |
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| this Section or any
other law, bonds in not to exceed an |
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| aggregate amount of 25% of the equalized
assessed value of the |
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| taxable property of a school district and issued by a
school |
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| district meeting the criteria in paragraphs (i) through (iv) of |
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| this
subsection shall not be considered indebtedness for |
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| purposes of any statutory
limitation and may be issued pursuant |
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| to resolution of the school board in an
amount or amounts, |
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| including existing indebtedness, in
excess of any statutory |
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| limitation of indebtedness heretofore or hereafter
imposed:
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| (i) The bonds are issued for the purpose of |
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| constructing a new high school
building to replace two |
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| adjacent existing buildings which together house a
single |
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| high school, each of which is more than 65 years old, and |
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| which together
are located on more than 10 acres and less |
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| than 11 acres of property.
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| (ii) At the time the resolution authorizing the |
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| issuance of the bonds is
adopted, the cost of constructing |
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| a new school building to replace the existing
school |
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| building is less than 60% of the cost of repairing the |
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| existing school
building.
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| (iii) The sale of the bonds occurs before July 1, 1997.
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| (iv) The school district issuing the bonds is a unit |
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| school district
located in a county of less than 70,000 and |
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| more than 50,000 inhabitants,
which has an average daily |
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| attendance of less than 1,500 and an equalized
assessed |
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| valuation of less than $29,000,000.
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| (h) Notwithstanding any other provisions of this Section or |
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| the
provisions of any other law, until January 1, 1998, a |
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| community unit school
district maintaining grades K through 12 |
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| may issue bonds up to an amount,
including existing |
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| indebtedness, not exceeding 27.6% of the equalized assessed
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| value of the taxable property in the district, if all of the |
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| following
conditions are met:
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| (i) The school district has an equalized assessed |
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| valuation for calendar
year 1995 of less than $24,000,000;
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| (ii) The bonds are issued for the capital improvement, |
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| renovation,
rehabilitation, or replacement of existing |
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| school buildings of the district,
all of which buildings |
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| were originally constructed not less than 40 years ago;
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| (iii) The voters of the district approve a proposition |
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| for the issuance of
the bonds at a referendum held after |
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| March 19, 1996; and
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| (iv) The bonds are issued pursuant to Sections 19-2 |
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| through 19-7 of this
Code.
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| (i) Notwithstanding any other provisions of this Section or |
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| the provisions
of any other law, until January 1, 1998, a |
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| community unit school district
maintaining grades K through 12 |
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| may issue bonds up to an amount, including
existing |
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| indebtedness, not exceeding 27% of the equalized assessed value |
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| of the
taxable property in the district, if all of the |
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| following conditions are met:
|
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| (i) The school district has an equalized assessed |
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| valuation for calendar
year 1995 of less than $44,600,000;
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| (ii) The bonds are issued for the capital improvement, |
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| renovation,
rehabilitation, or replacement
of existing |
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| school buildings of the district, all of which
existing |
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| buildings were originally constructed not less than 80 |
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| years ago;
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| (iii) The voters of the district approve a proposition |
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| for the issuance of
the bonds at a referendum held after |
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| December 31, 1996; and
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| (iv) The bonds are issued pursuant to Sections 19-2 |
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| through 19-7 of this
Code.
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| (j) Notwithstanding any other provisions of this Section or |
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| the
provisions of any other law, until January 1, 1999, a |
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| community unit school
district maintaining grades K through 12 |
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| may issue bonds up to an amount,
including existing |
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| indebtedness, not exceeding 27% of the equalized assessed
value |
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| of the taxable property in the district if all of the following
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| conditions are met:
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| (i) The school district has an equalized assessed |
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| valuation for calendar
year 1995 of less than $140,000,000 |
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| and a best 3 months
average daily
attendance for the |
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| 1995-96 school year of at least 2,800;
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| (ii) The bonds are issued to purchase a site and build |
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| and equip a new
high school, and the school district's |
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| existing high school was originally
constructed not less |
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| than 35
years prior to the sale of the bonds;
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| (iii) At the time of the sale of the bonds, the board |
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| of education
determines
by resolution that a new high |
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| school is needed because of projected enrollment
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| increases;
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| (iv) At least 60% of those voting in an election held
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| after December 31, 1996 approve a proposition
for the |
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| issuance of
the bonds; and
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| (v) The bonds are issued pursuant to Sections 19-2 |
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| through
19-7 of this Code.
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| (k) Notwithstanding the debt limitation prescribed in |
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| subsection (a) of
this Section, a school district that meets |
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| all the criteria set forth in
paragraphs (1) through (4) of |
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| this subsection (k) may issue bonds to incur an
additional |
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| indebtedness in an amount not to exceed $4,000,000 even though |
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| the
amount of the additional indebtedness authorized by this |
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| subsection (k), when
incurred and added to the aggregate amount |
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| of indebtedness of the school
district existing immediately |
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| prior to the school district incurring such
additional |
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| indebtedness, causes the aggregate indebtedness of the school
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| district to exceed or increases the amount by which the |
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| aggregate indebtedness
of the district already exceeds the debt |
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| limitation otherwise applicable to
that school district under |
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| subsection (a):
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| (1) the school district is located in 2 counties, and a |
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| referendum to
authorize the additional indebtedness was |
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| approved by a majority of the voters
of the school district |
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| voting on the proposition to authorize that
indebtedness;
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| (2) the additional indebtedness is for the purpose of |
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| financing a
multi-purpose room addition to the existing |
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| high school;
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| (3) the additional indebtedness, together with the |
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| existing indebtedness
of the school district, shall not |
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| exceed 17.4% of the value of the taxable
property in the |
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| school district, to be ascertained by the last assessment |
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| for
State and county taxes; and
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| (4) the bonds evidencing the additional indebtedness |
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| are issued, if at
all, within 120 days of the effective |
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| date of this amendatory Act of 1998.
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| (l) Notwithstanding any other provisions of this Section or |
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| the
provisions of any other law, until January 1, 2000, a |
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| school district
maintaining grades kindergarten through 8 may |
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| issue bonds up to an amount,
including existing indebtedness, |
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| not exceeding 15% of the equalized assessed
value of the |
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| taxable property in the district if all of the following
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| conditions are met:
|
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| (i) the district has an equalized assessed valuation |
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| for calendar year
1996 of less than $10,000,000;
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| (ii) the bonds are issued for capital improvement, |
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| renovation,
rehabilitation, or replacement of one or more |
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| school buildings of the district,
which buildings were |
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| originally constructed not less than 70 years ago;
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| (iii) the voters of the district approve a proposition |
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| for the issuance of
the bonds at a referendum held on or |
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| after March 17, 1998; and
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| (iv) the bonds are issued pursuant to Sections 19-2 |
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| through 19-7 of this
Code.
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| (m) Notwithstanding any other provisions of this Section or |
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| the provisions
of
any other law, until January 1, 1999, an |
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| elementary school district maintaining
grades K through 8 may |
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| issue bonds up to an amount, excluding existing
indebtedness, |
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| not exceeding 18% of the equalized assessed value of the |
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| taxable
property in the district, if all of the following |
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| conditions are met:
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| (i) The school district has an equalized assessed |
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| valuation for calendar
year 1995 or less than $7,700,000;
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| (ii) The school district operates 2 elementary |
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| attendance centers that
until
1976 were operated as the |
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| attendance centers of 2 separate and distinct school
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| districts;
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| (iii) The bonds are issued for the construction of a |
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| new elementary school
building to replace an existing |
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| multi-level elementary school building of the
school |
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| district that is not handicapped accessible at all levels |
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| and parts of
which were constructed more than 75 years ago;
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| (iv) The voters of the school district approve a |
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| proposition for the
issuance of the bonds at a referendum |
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| held after July 1, 1998; and
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| (v) The bonds are issued pursuant to Sections 19-2 |
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| through 19-7 of this
Code.
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| (n) Notwithstanding the debt limitation prescribed in |
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| subsection (a) of
this Section or any other provisions of this |
19 |
| Section or of any other law, a
school district that meets all |
20 |
| of the criteria set forth in paragraphs (i)
through (vi) of |
21 |
| this subsection (n) may incur additional indebtedness by the
|
22 |
| issuance of bonds in an amount not exceeding the amount |
23 |
| certified by the
Capital Development Board to the school |
24 |
| district as provided in paragraph (iii)
of
this subsection (n), |
25 |
| even though the amount of the additional indebtedness so
|
26 |
| authorized, when incurred and added to the aggregate amount of |
|
|
|
09600SB3514ham008 |
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LRB096 18423 RCE 41657 a |
|
|
1 |
| indebtedness of
the district existing immediately prior to the |
2 |
| district incurring the
additional indebtedness authorized by |
3 |
| this subsection (n), causes the aggregate
indebtedness of the |
4 |
| district to exceed the debt limitation otherwise applicable
by |
5 |
| law to that district:
|
6 |
| (i) The school district applies to the State Board of |
7 |
| Education for a
school construction project grant and |
8 |
| submits a district facilities plan in
support
of its |
9 |
| application pursuant to Section 5-20 of
the School |
10 |
| Construction Law.
|
11 |
| (ii) The school district's application and facilities |
12 |
| plan are approved
by,
and the district receives a grant |
13 |
| entitlement for a school construction project
issued by, |
14 |
| the State Board of Education under the School Construction |
15 |
| Law.
|
16 |
| (iii) The school district has exhausted its bonding |
17 |
| capacity or the unused
bonding capacity of the district is |
18 |
| less than the amount certified by the
Capital Development |
19 |
| Board to the district under Section 5-15 of the School
|
20 |
| Construction Law as the dollar amount of the school |
21 |
| construction project's cost
that the district will be |
22 |
| required to finance with non-grant funds in order to
|
23 |
| receive a school construction project grant under the |
24 |
| School Construction Law.
|
25 |
| (iv) The bonds are issued for a "school construction |
26 |
| project", as that
term is defined in Section 5-5 of the |
|
|
|
09600SB3514ham008 |
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LRB096 18423 RCE 41657 a |
|
|
1 |
| School Construction Law, in an amount
that does not exceed |
2 |
| the dollar amount certified, as provided in paragraph
(iii) |
3 |
| of this subsection (n), by the Capital Development Board
to |
4 |
| the school
district under Section 5-15 of the School |
5 |
| Construction Law.
|
6 |
| (v) The voters of the district approve a proposition |
7 |
| for the issuance of
the bonds at a referendum held after |
8 |
| the criteria specified in paragraphs (i)
and (iii) of this |
9 |
| subsection (n) are met.
|
10 |
| (vi) The bonds are issued pursuant to Sections 19-2 |
11 |
| through 19-7 of the
School Code.
|
12 |
| (o) Notwithstanding any other provisions of this Section or |
13 |
| the
provisions of any other law, until November 1, 2007, a |
14 |
| community unit
school district maintaining grades K through 12 |
15 |
| may issue bonds up to
an amount, including existing |
16 |
| indebtedness, not exceeding 20% of the
equalized assessed value |
17 |
| of the taxable property in the district if all of the
following |
18 |
| conditions are met:
|
19 |
| (i) the school district has an equalized assessed |
20 |
| valuation
for calendar year 2001 of at least $737,000,000 |
21 |
| and an enrollment
for the 2002-2003 school year of at least |
22 |
| 8,500;
|
23 |
| (ii) the bonds are issued to purchase school sites, |
24 |
| build and
equip a new high school, build and equip a new |
25 |
| junior high school,
build and equip 5 new elementary |
26 |
| schools, and make technology
and other improvements and |
|
|
|
09600SB3514ham008 |
- 18 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| additions to existing schools;
|
2 |
| (iii) at the time of the sale of the bonds, the board |
3 |
| of
education determines by resolution that the sites and |
4 |
| new or
improved facilities are needed because of projected |
5 |
| enrollment
increases;
|
6 |
| (iv) at least 57% of those voting in a general election |
7 |
| held
prior to January 1, 2003 approved a proposition for |
8 |
| the issuance of
the bonds; and
|
9 |
| (v) the bonds are issued pursuant to Sections 19-2 |
10 |
| through
19-7 of this Code.
|
11 |
| (p) Notwithstanding any other provisions of this Section or |
12 |
| the provisions of any other law, a community unit school |
13 |
| district maintaining grades K through 12 may issue bonds up to |
14 |
| an amount, including indebtedness, not exceeding 27% of the |
15 |
| equalized assessed value of the taxable property in the |
16 |
| district if all of the following conditions are met: |
17 |
| (i) The school district has an equalized assessed |
18 |
| valuation for calendar year 2001 of at least $295,741,187 |
19 |
| and a best 3 months' average daily attendance for the |
20 |
| 2002-2003 school year of at least 2,394. |
21 |
| (ii) The bonds are issued to build and equip 3 |
22 |
| elementary school buildings; build and equip one middle |
23 |
| school building; and alter, repair, improve, and equip all |
24 |
| existing school buildings in the district. |
25 |
| (iii) At the time of the sale of the bonds, the board |
26 |
| of education determines by resolution that the project is |
|
|
|
09600SB3514ham008 |
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LRB096 18423 RCE 41657 a |
|
|
1 |
| needed because of expanding growth in the school district |
2 |
| and a projected enrollment increase. |
3 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
4 |
| through 19-7 of this Code.
|
5 |
| (p-5) Notwithstanding any other provisions of this Section |
6 |
| or the provisions of any other law, bonds issued by a community |
7 |
| unit school district maintaining grades K through 12 shall not |
8 |
| be considered indebtedness for purposes of any statutory |
9 |
| limitation and may be issued in an amount or amounts, including |
10 |
| existing indebtedness, in excess of any heretofore or hereafter |
11 |
| imposed statutory limitation as to indebtedness, if all of the |
12 |
| following conditions are met: |
13 |
| (i) For each of the 4 most recent years, residential |
14 |
| property comprises more than 80% of the equalized assessed |
15 |
| valuation of the district. |
16 |
| (ii) At least 2 school buildings that were constructed |
17 |
| 40 or more years prior to the issuance of the bonds will be |
18 |
| demolished and will be replaced by new buildings or |
19 |
| additions to one or more existing buildings. |
20 |
| (iii) Voters of the district approve a proposition for |
21 |
| the issuance of the bonds at a regularly scheduled |
22 |
| election. |
23 |
| (iv) At the time of the sale of the bonds, the school |
24 |
| board determines by resolution that the new buildings or |
25 |
| building additions are needed because of an increase in |
26 |
| enrollment projected by the school board. |
|
|
|
09600SB3514ham008 |
- 20 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| (v) The principal amount of the bonds, including |
2 |
| existing indebtedness, does not exceed 25% of the equalized |
3 |
| assessed value of the taxable property in the district. |
4 |
| (vi) The bonds are issued prior to January 1, 2007, |
5 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
6 |
| (p-10) Notwithstanding any other provisions of this |
7 |
| Section or the provisions of any other law, bonds issued by a |
8 |
| community consolidated school district maintaining grades K |
9 |
| through 8 shall not be considered indebtedness for purposes of |
10 |
| any statutory limitation and may be issued in an amount or |
11 |
| amounts, including existing indebtedness, in excess of any |
12 |
| heretofore or hereafter imposed statutory limitation as to |
13 |
| indebtedness, if all of the following conditions are met: |
14 |
| (i) For each of the 4 most recent years, residential |
15 |
| and farm property comprises more than 80% of the equalized |
16 |
| assessed valuation of the district. |
17 |
| (ii) The bond proceeds are to be used to acquire and |
18 |
| improve school sites and build and equip a school building. |
19 |
| (iii) Voters of the district approve a proposition for |
20 |
| the issuance of the bonds at a regularly scheduled |
21 |
| election. |
22 |
| (iv) At the time of the sale of the bonds, the school |
23 |
| board determines by resolution that the school sites and |
24 |
| building additions are needed because of an increase in |
25 |
| enrollment projected by the school board. |
26 |
| (v) The principal amount of the bonds, including |
|
|
|
09600SB3514ham008 |
- 21 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| existing indebtedness, does not exceed 20% of the equalized |
2 |
| assessed value of the taxable property in the district. |
3 |
| (vi) The bonds are issued prior to January 1, 2007, |
4 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
5 |
| (p-15) In addition to all other authority to issue bonds, |
6 |
| the Oswego Community Unit School District Number 308 may issue |
7 |
| bonds with an aggregate principal amount not to exceed |
8 |
| $450,000,000, but only if all of the following conditions are |
9 |
| met: |
10 |
| (i) The voters of the district have approved a |
11 |
| proposition for the bond issue at the general election held |
12 |
| on November 7, 2006. |
13 |
| (ii) At the time of the sale of the bonds, the school |
14 |
| board determines, by resolution, that: (A) the building and |
15 |
| equipping of the new high school building, new junior high |
16 |
| school buildings, new elementary school buildings, early |
17 |
| childhood building, maintenance building, transportation |
18 |
| facility, and additions to existing school buildings, the |
19 |
| altering, repairing, equipping, and provision of |
20 |
| technology improvements to existing school buildings, and |
21 |
| the acquisition and improvement of school sites, as the |
22 |
| case may be, are required as a result of a projected |
23 |
| increase in the enrollment of students in the district; and |
24 |
| (B) the sale of bonds for these purposes is authorized by |
25 |
| legislation that exempts the debt incurred on the bonds |
26 |
| from the district's statutory debt limitation.
|
|
|
|
09600SB3514ham008 |
- 22 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| (iii) The bonds are issued, in one or more bond issues, |
2 |
| on or before November 7, 2011, but the aggregate principal |
3 |
| amount issued in all such bond issues combined must not |
4 |
| exceed $450,000,000.
|
5 |
| (iv) The bonds are issued in accordance with this |
6 |
| Article 19. |
7 |
| (v) The proceeds of the bonds are used only to |
8 |
| accomplish those projects approved by the voters at the |
9 |
| general election held on November 7, 2006. |
10 |
| The debt incurred on any bonds issued under this subsection |
11 |
| (p-15) shall not be considered indebtedness for purposes of any |
12 |
| statutory debt limitation.
|
13 |
| (p-20) In addition to all other authority to issue bonds, |
14 |
| the Lincoln-Way Community High School District Number 210 may |
15 |
| issue bonds with an aggregate principal amount not to exceed |
16 |
| $225,000,000, but only if all of the following conditions are |
17 |
| met: |
18 |
| (i) The voters of the district have approved a |
19 |
| proposition for the bond issue at the general primary |
20 |
| election held on March 21, 2006. |
21 |
| (ii) At the time of the sale of the bonds, the school |
22 |
| board determines, by resolution, that: (A) the building and |
23 |
| equipping of the new high school buildings, the altering, |
24 |
| repairing, and equipping of existing school buildings, and |
25 |
| the improvement of school sites, as the case may be, are |
26 |
| required as a result of a projected increase in the |
|
|
|
09600SB3514ham008 |
- 23 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| enrollment of students in the district; and (B) the sale of |
2 |
| bonds for these purposes is authorized by legislation that |
3 |
| exempts the debt incurred on the bonds from the district's |
4 |
| statutory debt limitation.
|
5 |
| (iii) The bonds are issued, in one or more bond issues, |
6 |
| on or before March 21, 2011, but the aggregate principal |
7 |
| amount issued in all such bond issues combined must not |
8 |
| exceed $225,000,000.
|
9 |
| (iv) The bonds are issued in accordance with this |
10 |
| Article 19. |
11 |
| (v) The proceeds of the bonds are used only to |
12 |
| accomplish those projects approved by the voters at the |
13 |
| primary election held on March 21, 2006. |
14 |
| The debt incurred on any bonds issued under this subsection |
15 |
| (p-20) shall not be considered indebtedness for purposes of any |
16 |
| statutory debt limitation.
|
17 |
| (p-25) In addition to all other authority to issue bonds, |
18 |
| Rochester Community Unit School District 3A may issue bonds |
19 |
| with an aggregate principal amount not to exceed $18,500,000, |
20 |
| but only if all of the following conditions are met: |
21 |
| (i) The voters of the district approve a proposition |
22 |
| for the bond issuance at the general primary election held |
23 |
| in 2008.
|
24 |
| (ii) At the time of the sale of the bonds, the school |
25 |
| board determines, by resolution, that: (A) the building and |
26 |
| equipping of a new high school building; the addition of |
|
|
|
09600SB3514ham008 |
- 24 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| classrooms and support facilities at the high school, |
2 |
| middle school, and elementary school; the altering, |
3 |
| repairing, and equipping of existing school buildings; and |
4 |
| the improvement of school sites, as the case may be, are |
5 |
| required as a result of a projected increase in the |
6 |
| enrollment of students in the district; and (B) the sale of |
7 |
| bonds for these purposes is authorized by a law that |
8 |
| exempts the debt incurred on the bonds from the district's |
9 |
| statutory debt limitation. |
10 |
| (iii) The bonds are issued, in one or more bond issues, |
11 |
| on or before December 31, 2012, but the aggregate principal |
12 |
| amount issued in all such bond issues combined must not |
13 |
| exceed $18,500,000. |
14 |
| (iv) The bonds are issued in accordance with this |
15 |
| Article 19. |
16 |
| (v) The proceeds of the bonds are used to accomplish |
17 |
| only those projects approved by the voters at the primary |
18 |
| election held in 2008.
|
19 |
| The debt incurred on any bonds issued under this subsection |
20 |
| (p-25) shall not be considered indebtedness for purposes of any |
21 |
| statutory debt limitation.
|
22 |
| (p-30) In addition to all other authority to issue bonds, |
23 |
| Prairie Grove Consolidated School District 46 may issue bonds |
24 |
| with an aggregate principal amount not to exceed $30,000,000, |
25 |
| but only if all of the following conditions are met:
|
26 |
| (i) The voters of the district approve a proposition |
|
|
|
09600SB3514ham008 |
- 25 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| for the bond issuance at an election held in 2008.
|
2 |
| (ii) At the time of the sale of the bonds, the school |
3 |
| board determines, by resolution, that (A) the building and |
4 |
| equipping of a new school building and additions to |
5 |
| existing school buildings are required as a result of a |
6 |
| projected increase in the enrollment of students in the |
7 |
| district and (B) the altering, repairing, and equipping of |
8 |
| existing school buildings are required because of the age |
9 |
| of the existing school buildings.
|
10 |
| (iii) The bonds are issued, in one or more bond |
11 |
| issuances, on or before December 31, 2012; however, the |
12 |
| aggregate principal amount issued in all such bond |
13 |
| issuances combined must not exceed $30,000,000.
|
14 |
| (iv) The bonds are issued in accordance with this |
15 |
| Article.
|
16 |
| (v) The proceeds of the bonds are used to accomplish |
17 |
| only those projects approved by the voters at an election |
18 |
| held in 2008.
|
19 |
| The debt incurred on any bonds issued under this subsection |
20 |
| (p-30) shall not be considered indebtedness for purposes of any |
21 |
| statutory debt limitation.
|
22 |
| (p-35) In addition to all other authority to issue bonds, |
23 |
| Prairie Hill Community Consolidated School District 133 may |
24 |
| issue bonds with an aggregate principal amount not to exceed |
25 |
| $13,900,000, but only if all of the following conditions are |
26 |
| met:
|
|
|
|
09600SB3514ham008 |
- 26 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| (i) The voters of the district approved a proposition |
2 |
| for the bond issuance at an election held on April 17, |
3 |
| 2007.
|
4 |
| (ii) At the time of the sale of the bonds, the school |
5 |
| board determines, by resolution, that (A) the improvement |
6 |
| of the site of and the building and equipping of a school |
7 |
| building are required as a result of a projected increase |
8 |
| in the enrollment of students in the district and (B) the |
9 |
| repairing and equipping of the Prairie Hill Elementary |
10 |
| School building is required because of the age of that |
11 |
| school building.
|
12 |
| (iii) The bonds are issued, in one or more bond |
13 |
| issuances, on or before December 31, 2011, but the |
14 |
| aggregate principal amount issued in all such bond |
15 |
| issuances combined must not exceed $13,900,000.
|
16 |
| (iv) The bonds are issued in accordance with this |
17 |
| Article.
|
18 |
| (v) The proceeds of the bonds are used to accomplish |
19 |
| only those projects approved by the voters at an election |
20 |
| held on April 17, 2007.
|
21 |
| The debt incurred on any bonds issued under this subsection |
22 |
| (p-35) shall not be considered indebtedness for purposes of any |
23 |
| statutory debt limitation.
|
24 |
| (p-40) In addition to all other authority to issue bonds, |
25 |
| Mascoutah Community Unit District 19 may issue bonds with an |
26 |
| aggregate principal amount not to exceed $55,000,000, but only |
|
|
|
09600SB3514ham008 |
- 27 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| if all of the following conditions are met: |
2 |
| (1) The voters of the district approve a proposition |
3 |
| for the bond issuance at a regular election held on or |
4 |
| after November 4, 2008. |
5 |
| (2) At the time of the sale of the bonds, the school |
6 |
| board determines, by resolution, that (i) the building and |
7 |
| equipping of a new high school building is required as a |
8 |
| result of a projected increase in the enrollment of |
9 |
| students in the district and the age and condition of the |
10 |
| existing high school building, (ii) the existing high |
11 |
| school building will be demolished, and (iii) the sale of |
12 |
| bonds is authorized by statute that exempts the debt |
13 |
| incurred on the bonds from the district's statutory debt |
14 |
| limitation. |
15 |
| (3) The bonds are issued, in one or more bond |
16 |
| issuances, on or before December 31, 2011, but the |
17 |
| aggregate principal amount issued in all such bond |
18 |
| issuances combined must not exceed $55,000,000. |
19 |
| (4) The bonds are issued in accordance with this |
20 |
| Article. |
21 |
| (5) The proceeds of the bonds are used to accomplish |
22 |
| only those projects approved by the voters at a regular |
23 |
| election held on or after November 4, 2008. |
24 |
| The debt incurred on any bonds issued under this subsection |
25 |
| (p-40) shall not be considered indebtedness for purposes of any |
26 |
| statutory debt limitation. |
|
|
|
09600SB3514ham008 |
- 28 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| (p-45) Notwithstanding the provisions of subsection (a) of |
2 |
| this Section or of any other law, bonds issued pursuant to |
3 |
| Section 19-3.5 of this Code shall not be considered |
4 |
| indebtedness for purposes of any statutory limitation if the |
5 |
| bonds are issued in an amount or amounts, including existing |
6 |
| indebtedness of the school district, not in excess of 18.5% of |
7 |
| the value of the taxable property in the district to be |
8 |
| ascertained by the last assessment for State and county taxes. |
9 |
| (p-50) Notwithstanding the provisions of subsection (a) of
|
10 |
| this Section or of any other law, bonds issued pursuant to
|
11 |
| Section 19-3.10 of this Code shall not be considered
|
12 |
| indebtedness for purposes of any statutory limitation if the
|
13 |
| bonds are issued in an amount or amounts, including existing
|
14 |
| indebtedness of the school district, not in excess of 43% of
|
15 |
| the value of the taxable property in the district to be
|
16 |
| ascertained by the last assessment for State and county taxes. |
17 |
| (p-55) (p-45) In addition to all other authority to issue |
18 |
| bonds, Belle Valley School District 119 may issue bonds with an |
19 |
| aggregate principal amount not to exceed $47,500,000, but only |
20 |
| if all of the following conditions are met: |
21 |
| (1) The voters of the district approve a proposition |
22 |
| for the bond issuance at an election held on or after April |
23 |
| 7, 2009. |
24 |
| (2) Prior to the issuance of the bonds, the school |
25 |
| board determines, by resolution, that (i) the building and |
26 |
| equipping of a new school building is required as a result |
|
|
|
09600SB3514ham008 |
- 29 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| of mine subsidence in an existing school building and |
2 |
| because of the age and condition of another existing school |
3 |
| building and (ii) the issuance of bonds is authorized by |
4 |
| statute that exempts the debt incurred on the bonds from |
5 |
| the district's statutory debt limitation. |
6 |
| (3) The bonds are issued, in one or more bond |
7 |
| issuances, on or before March 31, 2014, but the aggregate |
8 |
| principal amount issued in all such bond issuances combined |
9 |
| must not exceed $47,500,000. |
10 |
| (4) The bonds are issued in accordance with this |
11 |
| Article. |
12 |
| (5) The proceeds of the bonds are used to accomplish |
13 |
| only those projects approved by the voters at an election |
14 |
| held on or after April 7, 2009. |
15 |
| The debt incurred on any bonds issued under this subsection |
16 |
| (p-55) (p-45) shall not be considered indebtedness for purposes |
17 |
| of any statutory debt limitation. Bonds issued under this |
18 |
| subsection (p-55) (p-45) must mature within not to exceed 30 |
19 |
| years from their date, notwithstanding any other law to the |
20 |
| contrary. |
21 |
| (p-60) In addition to all other authority to issue bonds, |
22 |
| West Washington County Community Unit School District 10 may |
23 |
| issue bonds with an aggregate principal amount not to exceed |
24 |
| $32,200,000 and maturing over a period not exceeding 25 years, |
25 |
| but only if all of the following conditions are met: |
26 |
| (1) The voters of the district approve a proposition |
|
|
|
09600SB3514ham008 |
- 30 - |
LRB096 18423 RCE 41657 a |
|
|
1 |
| for the bond issuance at an election held on or after |
2 |
| February 2, 2010. |
3 |
| (2) Prior to the issuance of the bonds, the school |
4 |
| board determines, by resolution, that (A) all or a portion |
5 |
| of the existing Okawville Junior/Senior High School |
6 |
| Building will be demolished; (B) the building and equipping |
7 |
| of a new school building to be attached to and the |
8 |
| alteration, repair, and equipping of the remaining portion |
9 |
| of the Okawville Junior/Senior High School Building is |
10 |
| required because of the age and current condition of that |
11 |
| school building; and (C) the issuance of bonds is |
12 |
| authorized by statute that exempts the debt incurred on the |
13 |
| bonds from the district's statutory debt limitation. |
14 |
| (3) The bonds are issued, in one or more bond |
15 |
| issuances, on or before March 31, 2014, but the aggregate |
16 |
| principal amount issued in all such bond issuances combined |
17 |
| must not exceed $32,200,000. |
18 |
| (4) The bonds are issued in accordance with this |
19 |
| Article. |
20 |
| (5) The proceeds of the bonds are used to accomplish |
21 |
| only those projects approved by the voters at an election |
22 |
| held on or after February 2, 2010. |
23 |
| The debt incurred on any bonds issued under this subsection |
24 |
| (p-60) shall not be considered indebtedness for purposes of any |
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| statutory debt limitation. |
26 |
| (q) A school district must notify the State Board of |
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09600SB3514ham008 |
- 31 - |
LRB096 18423 RCE 41657 a |
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1 |
| Education prior to issuing any form of long-term or short-term |
2 |
| debt that will result in outstanding debt that exceeds 75% of |
3 |
| the debt limit specified in this Section or any other provision |
4 |
| of law.
|
5 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; |
6 |
| 95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09; |
7 |
| 96-517, eff. 8-14-09; revised 9-15-09.)".
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