2023 Illinois Compiled Statutes › Chapter 75 - LIBRARIES › 75 ILCS 16/ - Public Library District Act of 1991. › Article 40 - Buildings, Equipment And Accumulations

(75 ILCS 16/Art. 40 heading)
ARTICLE 40.
BUILDINGS, EQUIPMENT AND ACCUMULATIONS
(75 ILCS 16/40-5)
Sec. 40-5. 
		Buildings and equipment.
(a) Whenever the board
determines or resolves to erect a building to
be used as a library, purchase a site for erecting such a
building, purchase a
building, repair, remodel, or improve an existing library building, build an addition to an existing library building,
furnish necessary equipment for a library building,
or acquire library materials (such as books, periodicals, films,
and recordings)
and electronic data storage and retrieval facilities in connection with
either the purchase or construction of a new library building or the expansion
of an existing library building, the trustees
shall proceed as follows:
(1) If a new building is to be erected or purchased     or an existing library building is to be purchased, remodeled, repaired, improved, or an addition to an existing library building is to be erected, or necessary equipment is to be furnished, the board of trustees shall prepare a plan and an estimate of the cost.  If a site or a building is to be purchased, the trustees shall make an estimate of the cost of the site or building.
(2) The trustees may then determine the funds that     will be available from accumulations and the amount to be raised from a bond issue, by annual certification or by a mortgage.
(3) The trustees shall further determine the maximum     term, not to exceed 20 years, over which they shall spread the collection of the cost of erecting a new building, remodeling, repairing, or improving an existing library building, erecting an addition to an existing library building, furnishing necessary equipment, purchasing and improving a site or building, or acquiring library materials (such as books, periodicals, films, and recordings) and electronic data storage and retrieval facilities in connection with either the purchase or construction of a new library building or the expansion of an existing library building.
(b) The secretary shall thereupon post notice of these proceedings and of
the meeting when the financing of the acquisition or other project shall be determined. The notice
shall specify the place where the plan and estimate are available for
public inspection.
(c) For the purpose of Sections 40-5 through 40-30, the acquisition
of library materials (such as books, periodicals, films, and recordings)
and electronic data storage and retrieval facilities is considered to be
in connection with the purchase or construction of a new library building
or the expansion of an existing library building if the determination of
the board of trustees to acquire the library materials is made within 5
years from the date that a new library building or the expansion of an existing
library building is completed.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-10)
Sec. 40-10. 
		Bonds for buildings and equipment.
(a) If the board of trustees determines that funds for any or all of the
purposes authorized in Section 40-5 are to be provided by a bond issue, 30 days
after the posting of the notice required under Section 40-5, the board shall by
ordinance provide that the bonds of the district be issued for the payment of
the cost (estimated as provided in Section 40-5) of erecting or constructing a
building, remodeling, repairing, or improving an existing library building,
erecting an addition to an existing library building, or purchasing a building,
site, or equipment.
(b) The ordinance shall also state the time or times when the bonds and the
interest on the bonds shall become payable.  The whole of the principal of the
bonds and the interest on the bonds shall, however, become payable within 20
years, and the interest on the bonds shall not exceed the rate permitted in the
Bond  Authorization Act.  The interest may be made payable at times (annually
or semiannually) prescribed by the ordinance.
(c) The ordinance shall be irrepealable by the board and shall
make provision for the levy and collection annually of a special tax upon
principal and interest of the bonds as they mature and collection loss and
costs.  The tax shall be in addition to that otherwise authorized to be
levied and collected for library purposes.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-15)
Sec. 40-15. 
		Voter approval of bonds.
(a) Bonds shall not be
issued, nor the special tax imposed, until
the proposition to issue the bonds has been submitted to and approved
by a majority of the voters of the district voting upon the proposition
at a regular election
provided that notice of the bond referendum, if
held before July 1, 1999,
has been given in accordance with the provisions of Section
12-5
of the Election Code in effect at the time of the bond referendum, at least
10 and not more than 45 days before the date of
the election, notwithstanding the time for publication otherwise imposed by
Section 12-5.
Notices required in connection with the submission of public questions
on or after July 1, 1999 shall be as set forth in Section 12-5 of the Election
Code.
 The board shall by ordinance
designate the election at which the proposition
is to be submitted and the amount of the bonds and their purpose.
The board shall certify the proposition to the proper election
authority,
who shall submit the proposition in accordance with the Election Code,
subject to the notice provisions set forth in this Section.
(b) The proposition to issue bonds shall be in substantially the following
form:
Shall the bonds of (name of public library district),     (location), Illinois, in the amount of $(amount) be issued for the purpose of (state one or more purposes authorized in Section 40-5)?
(c) When so authorized, the bonds shall be issued in the name of the
district, signed by the president and secretary, and countersigned by the
treasurer, with the seal of the district affixed.
(Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99.)
(75 ILCS 16/40-20)
Sec. 40-20. 
		Funds instead of bonds.
(a) If the board of trustees determines to provide funds for any or all of the
purposes authorized in Section 40-5 by
the annual certification and apportionment of costs (instead of issuing
bonds for that purpose), the board shall divide
the total cost of the plan into
as many parts as the trustees determine to spread the collection of that
amount
and shall by ordinance certify the amount of one of these parts each year
during the term over which the trustees have determined to spread the
collection. The ordinance shall be irrepealable by the Board.
(b) The board shall, in each succeeding annual appropriation ordinance,
include an amount certified under subsection (a) and shall, for
the amount so certified,
either include that amount in the annual library tax levy
or levy (in addition to the other library taxes for the district) a
special tax to pay that amount.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-25)
Sec. 40-25. 
		Mortgage on library building or site. 
		If the trustees deem it best, in order to provide and secure
the necessary money to do any or all of the things they are authorized
to do in this Article, they may, at
any time, borrow money and execute a
mortgage on a library building or site owned or being purchased or on a
library building being constructed for
the district for an amount not
exceeding 75% of the value of the building or site as
improved by the plan.  The
money so obtained shall be used exclusively for purchasing a site
or a building, constructing a
building for library purposes, remodeling, repairing, or improving an existing library
building,
building an addition to an existing library building, erecting a new library building,
or purchasing necessary
equipment for the library, as provided in the plan. The trustees shall
determine and certify, by ordinance, the amount of the mortgage and the
amount of principal and interest to be retired each year for a specified
number of years. The board shall, in each succeeding annual
appropriation ordinance, include the amount so certified and shall, for
the amount so certified, include that amount in the annual library tax
levy or levy (in addition to the other library taxes for the
district) a special tax to pay that amount.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-30)
Sec. 40-30. 
		Special tax rate; referendum.
(a) No board or district may
levy the special tax
provided for in Section 40-20 or 40-25 unless the ordinance
authorizing the special tax is submitted to and approved by a majority
of the voters voting on the question at an
election.
(b) The special tax shall be levied at a
rate of not more than 0.0833% of the value of all
taxable property in the district, as equalized
and assessed by the Department of Revenue in any one
year, and shall be in addition to the tax otherwise authorized to be levied
and collected for library purposes.  The special tax shall
not be levied for more
than the number of years into which the trustees have divided the cost
of the plan.
(c) Submission of the special tax levy to the voters of the
district shall be authorized by an
ordinance enacted by the board.  The ordinance shall
designate the election at which
the proposition is to be submitted, the total
cost of the project,
the amount of the annual levy to be certified, and the number of years
the levy is to be made.  The board shall certify the proposition to the
proper election authority, who shall submit the
proposition in accordance
with the Election Code.
(d) The proposition shall be substantially in
the following form:
Shall Ordinance No. (number of ordinance), dated     (date of enactment), of (name of public library district), (location), Illinois, providing for a total expenditure of $(amount) for (state one or more purposes authorized in Section 40-20 or 40-25), and for the levy of a special annual tax in the amount of $(amount) for (number of years), be approved?
(Source: P.A. 87-1277.)
(75 ILCS 16/40-35)
Sec. 40-35. 
		
		Filing of documents; levy and collection of
special tax.
(a) Upon the voters' approval of
a bond issue or a
special tax supporting an annual certification or a mortgage, the
secretary shall file certified copies of each ordinance, and of the
certificate of results of the canvass of the referendum on the question
of the bond issue or
on the question of the special tax for annual certification or the
mortgage, with the county clerk of each county affected by the ordinance
and election results. The
secretary shall also certify under his or her signature and the seal of the
district, and file with each county clerk, other information required by a county clerk to determine the total amount of taxes to
be extended, along with collection loss and costs, upon the taxable
property within his or her county.
(b) The special tax supporting a bond issue, and the special tax
supporting an annual certification or a mortgage, shall be levied,
extended, and collected each year, as in the case of other library taxes,
until the debt involved has been paid and retired. The special taxes
shall not be included separately or together in the aggregate of tax
levies otherwise limited by law and shall be in addition to other taxes
authorized by law.  The special taxes shall not
affect any appropriation
made or to be made for the maintenance and support of the library or
libraries operated by the board.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-40)
Sec. 40-40. 
		Accumulation of funds.
(a) The board shall determine when it will proceed with constructing a
building, purchasing a site or building, remodeling, repairing, or improving an
existing library building, building an addition to an existing library
building, or purchasing necessary equipment. The board may proceed at once or
may determine to wait and allow funds to accumulate.
(b) If the board determines to let funds accumulate, it shall invest the
money as authorized by law until the money is needed for any or all of the
purposes authorized in Section 40-5.
(c) The board may contract to accomplish any or all of the purposes
enumerated in subsection (a) and shall apply the proceeds of any special tax as
collected and the funds accumulated toward payment for accomplishing those
purposes.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-45)
Sec. 40-45. Bids for construction, improvements, or equipment purchases.
(a) When the trustees determine to commence constructing the
building, purchasing a site or a building, remodeling,
repairing, or improving an existing library building, erecting
an addition to an existing library building, or
purchasing the necessary equipment for the
library, they may then revise the plan or adopt a new plan and
provide estimates of the costs of the revised or new plan.
(b) The board shall, when the cost is in
excess of $25,000, advertise for bids for constructing the building,
remodeling, repairing, or improving of an existing library building, erecting
an addition to an existing library building, or purchasing the necessary
equipment for the library and shall let the contract or contracts for the
project, when the cost is in excess of $25,000, to the lowest responsible
bidder or bidders.  The board shall not be required to accept a bid that does not meet the library's established specifications, terms of delivery, quality, and serviceability requirements. Contracts which, by their nature, are not adapted to award by competitive bidding, are not subject to competitive bidding, including, but not limited to:
(1)   contracts for the services of individuals     possessing a high degree of professional skill where the ability or fitness of the individual plays an important part;
(2)   contracts for the printing of finance committee     reports and departmental reports;
(3) contracts for the printing or engraving of bonds,     tax warrants and other evidences of indebtedness;
(4)   contracts for the maintenance or servicing of,     or provision of repair parts for, equipment which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance, or servicing can best be performed by the manufacturer or authorized service agent;
(5)   purchases and contracts for the use, purchase,     delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, and services;
(6)   contracts for duplicating machines and supplies;
(7)   contracts for utility services such as water,     light, heat, telephone or telegraph;
(8)   contracts for goods or services procured from     another governmental agency;
(9)   purchases of equipment previously owned by some     entity other than the library itself; and
(10)   contracts for goods or services which are     economically procurable from only one source, such as for the purchase of magazines, books, periodicals, pamphlets, and reports.
Contracts for emergency expenditures are also exempt from competitive bidding when the emergency expenditure is approved by 3/4 of the members of the board.
The board shall require from the bidders security for
the performance of the bids determined by the board pursuant to law.
The trustees may let the contract or contracts to one or more bidders as
they determine.
(Source: P.A. 100-338, eff. 8-25-17.)
(75 ILCS 16/40-50)
Sec. 40-50. 
		Special reserve fund; plan.
(a) The board may, by ordinance, establish a special reserve fund, for the
purpose of Section 40-5 or for emergency expenditures for the repair of an
existing library building or its equipment.  The board may  transfer to the
special reserve fund, each year, the unexpended balances of the proceeds
received annually from annual public library taxes not in excess of
statutory limits if (i) the board has resolved to develop and adopt
a plan or plans as authorized in this Article and (ii) the
board provides in the annual appropriation ordinance for accumulation of
those unexpended balances.
(b) The plan required in this Section shall be
developed in general form within 2 years
of the adoption of the ordinance establishing a special reserve fund; the
plan subsequently may be amended as circumstances may require.
(c) No plan is needed for the emergency expenditures from the special
reserve fund for the repair of an existing library building or its equipment.
(Source: P.A. 87-1277.)
(75 ILCS 16/40-55)
Sec. 40-55. 
		Insurance Reserve Fund; transfers. 
		The board of the Byron
Public Library District
may,
within one year from the effective date of this Amendatory Act of the 93rd
General
Assembly, by proper resolution following
a
public
hearing
(that is preceded by at least one published notice occurring at least 7 days
prior to the
hearing in a newspaper of general circulation within the district and setting
forth the time,
date, place, and subject matter of the hearing), transfer money from the
Insurance Reserve Fund to the district's Expansion Special Reserve Fund,
provided that the amount transferred is
not then
required for the payment of any liabilities due to be paid from the Insurance
Reserve Fund.
(Source: P.A. 93-315, eff. 1-1-04.)