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| Public Act 096-0561 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Community College Act is amended by | ||||
changing Section 3-20.3.01 as follows:
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(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
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Sec. 3-20.3.01. Whenever, as a result of any lawful order | ||||
of any agency,
other than a local community college board, | ||||
having authority to enforce any
law or regulation designed for | ||||
the protection, health or safety of community
college students, | ||||
employees or visitors, or any law or regulation for the
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protection and safety of the environment, pursuant to the | ||||
"Environmental
Protection Act", any local community college | ||||
district, including any district
to which Article VII of this | ||||
Act applies, is required to alter or repair
any physical | ||||
facilities, or whenever any district determines that it is
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necessary for energy conservation, health or safety, | ||||
environmental
protection or handicapped accessibility purposes | ||||
that any physical
facilities should be altered or repaired and | ||||
that such alterations or
repairs will be made with funds not | ||||
necessary for the completion of
approved and recommended | ||||
projects for fire prevention and safety, or
whenever after the | ||||
effective date of this amendatory Act of
1984 any district, | ||||
including any district to which Article VII applies,
provides | ||
for alterations or repairs determined by the local community
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college board to be necessary for health and safety, | ||
environmental
protection, handicapped accessibility or energy | ||
conservation purposes, such
district may, by proper resolution | ||
which specifically identifies the
project and which is adopted | ||
pursuant to the provisions of the Open
Meetings Act, levy a tax | ||
for the purpose of paying for such alterations or
repairs, or | ||
survey by a licensed architect or engineer, upon the equalized
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assessed value of all the taxable property of the district at a | ||
rate not to
exceed .05% per year for a period sufficient to | ||
finance such alterations or
repairs, upon the following | ||
conditions:
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(a) When in the judgment of the local community college | ||
board of trustees
there are not sufficient funds available in | ||
the operations and
maintenance fund of the district to | ||
permanently pay for such alterations
or repairs so ordered, | ||
determined as necessary.
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(b) When a certified estimate of a licensed architect or | ||
engineer stating
the estimated amount of not less than $25,000 | ||
that is necessary to make
the alterations or repairs so ordered | ||
or determined as necessary has been
secured by the local | ||
community college district and the project and estimated
amount | ||
have been approved by the Executive Director of the State | ||
Board.
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The filing of a certified copy of the resolution or | ||
ordinance levying the
tax when accompanied by the certificate | ||
of approval of the Executive Director
of the State Board shall | ||
be the authority of the county clerk or clerks
to extend such | ||
tax; provided, however, that in no event shall the extension
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for the current and preceding years, if any, under this Section | ||
be greater
than the amount so approved, and interest on bonds | ||
issued pursuant to this
Section and in the event such current | ||
extension and preceding extensions
exceed such approval and | ||
interest, it shall be reduced proportionately.
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The county clerk of each of the counties in which any | ||
community college
district levying a tax under the authority of | ||
this Section is located, in
reducing raised levies, shall not | ||
consider any such tax as a part of the
general levy for | ||
community college purposes and shall not include the same
in | ||
the limitation of any other tax rate which may be extended. | ||
Such tax
shall be levied and collected in like manner as all | ||
other taxes of
community college districts.
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The tax rate limit hereinabove specified in this Section | ||
may be increased
to .10% upon the approval of a proposition to | ||
effect such increase by a
majority of the electors voting on | ||
that proposition at a regular scheduled
election. Such | ||
proposition may be initiated by resolution of the local
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community college board and shall be certified by the secretary | ||
of the
local community college board to the proper election | ||
authorities for
submission in accordance with the general | ||
election law.
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Each local community college district authorized to levy | ||
any tax pursuant
to this Section may also or in the alternative | ||
by proper resolution or
ordinance borrow money for such | ||
specifically identified purposes not in
excess of $4,500,000 in | ||
the aggregate at any one time when
in the judgment
of the local | ||
community college board of trustees there are not sufficient
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funds available in the operations and maintenance fund of the | ||
district to
permanently pay for such alterations or repairs so | ||
ordered or determined as
necessary and a certified estimate of | ||
a licensed architect or engineer
stating the estimated amount | ||
of not less than $25,000 has been secured by
the local | ||
community college district and the project and the estimated
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amount have been approved by the State Board, and as evidence | ||
of such
indebtedness may issue bonds without referendum. | ||
However, Community College District No. 522 and Community | ||
College District No. 536 may or in the alternative by proper | ||
resolution or
ordinance borrow money for such specifically | ||
identified purposes not in
excess of $20,000,000 in the | ||
aggregate at any one time when
in the judgment
of the community | ||
college board of trustees there are not sufficient
funds | ||
available in the operations and maintenance fund of the | ||
district to
permanently pay for such alterations or repairs so | ||
ordered or determined as
necessary and a certified estimate of | ||
a licensed architect or engineer
stating the estimated amount | ||
has been secured by
the community college district and the | ||
project and the estimated
amount have been approved by the | ||
State Board, and as evidence of such
indebtedness may issue | ||
bonds without referendum. Such bonds shall bear
interest at a | ||
rate or rates authorized by "An Act to authorize public
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corporations to issue bonds, other evidences of indebtedness | ||
and tax
anticipation warrants subject to interest rate | ||
limitations set forth
therein", approved May 26, 1970, as now | ||
or hereafter amended, shall mature
within 20 years from date, | ||
and shall be signed by the chairman, secretary
and treasurer of | ||
the local community college board.
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In order to authorize and issue such bonds the local | ||
community college
board shall adopt a resolution fixing the | ||
amount of bonds, the date thereof,
the maturities thereof and | ||
rates of interest thereof, and the board by such
resolution, or | ||
in a district to which Article VII applies the city council
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upon demand and under the direction of the board by ordinance, | ||
shall provide
for the levy and collection of a direct annual | ||
tax upon all the taxable
property in the local community | ||
college district sufficient to pay the
principal and interest | ||
on such bonds to maturity. Upon the filing in the
office of the | ||
county clerk of each of the counties in which the community
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college district is located of a certified copy of such | ||
resolution or
ordinance it is the duty of the county clerk or | ||
clerks to extend the tax
therefor without limit as to rate or | ||
amount and in addition to and in
excess of all other taxes | ||
heretofore or hereafter authorized to be levied
by such | ||
community college district.
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The State Board shall prepare and enforce regulations and | ||
specifications
for minimum requirements for the construction, | ||
remodeling or rehabilitation
of heating, ventilating, air | ||
conditioning, lighting, seating, water supply,
toilet, | ||
handicapped accessibility, fire safety and any other matter | ||
that
will conserve, preserve or provide for the protection and | ||
the health or
safety of individuals in or on community college | ||
property and will conserve
the integrity of the physical | ||
facilities of the district.
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This Section is cumulative and constitutes complete | ||
authority for the
issuance of bonds as provided in this Section | ||
notwithstanding any other
statute or law to the contrary.
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(Source: P.A. 90-468, eff. 8-17-97.)
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