(75 ILCS 5/Art. 5 heading)
BUILDINGS
(75 ILCS 5/5-1) (from Ch. 81, par. 5-1)
Sec. 5-1.
Whenever the board of trustees of any public library organized
under this Act determines to erect a building to be used as a library, or to
purchase a site for the same, or to purchase a building, or to repair,
remodel or improve an existing library building, or build an addition
thereto, or to furnish necessary equipment therefor, or to acquire library
materials such as books, periodicals, films, recordings and electronic data
storage and retrieval facilities in connection with either the purchase or
construction of a new library building or the repair, remodeling, or
improvement of an existing library building or the expansion of an existing
library building, or to accumulate a fund to accomplish any of such
purposes, or to do any or all of these things, the trustees may proceed as
follows:
If a new building is to be erected, or an existing library building is
to be remodeled, repaired, improved or an addition thereto erected, or
necessary equipment is to be furnished, or any or all of these things are
to be done, the board of trustees shall cause a plan to be prepared and an
estimate to be made of the cost. If a site or a building is to be
purchased, the trustees shall cause an estimate to be made of the cost of
such site or building. 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. The trustees shall
further determine the term, not exceeding 20 years, over which they shall
spread the collection of the cost of erecting a new building, or
remodeling, repairing, improving an existing library building or erecting
an addition thereto, or furnishing necessary equipment, or purchasing and
improving a site or building, or the acquisition of library materials such
as books, periodicals, 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, or any
or all of these things.
For the purpose of Sections 5-1, 5-2, 5-3, 5-4 and 5-5 of this
Act, the acquisition of library material such as books, periodicals,
films, 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 repair, remodeling or improvement of an existing
library building or the expansion of an existing library building if the
determination of the Board of Trustees to acquire such library materials
is made within 5 years from the date that a new library building is
purchased, or construction of a new library building or the repair,
remodeling or improvement of an existing library building or the expansion
of an existing library building is completed.
The board shall make a record of their proceedings and determinations
and transmit a copy thereof to the corporate authorities for their
consideration and approval.
(Source: P.A. 84-770.)
(75 ILCS 5/5-2) (from Ch. 81, par. 5-2)
Sec. 5-2.
If the corporate authorities approve the action of the library
board under Section 5-1, they may, by ordinance, or by resolution in the
case of a township, provide that the bonds of the city, village,
incorporated town or township be issued for the payment of the cost (so
estimated as aforesaid) of constructing a building, or remodeling,
repairing, improving an existing library building or the erection of an
addition thereto, or purchasing a building, site or equipment, or the
acquisition of library materials such as books, periodicals, 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, or any or all of these things in which event
the ordinance or resolution shall also state the time or times when such
bonds, and the interest thereon shall become payable. However, the whole of
the principal of such bonds and the interest thereon shall be payable
within 20 years, and the interest on such bonds shall not exceed the rate
permitted in “An Act to authorize public 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. The interest may be made payable at
such times (annually or semi-annually) as the ordinance or resolution may
prescribe. In case the corporate authorities provide for such payment by
the issuance of bonds, they shall make provision at or before the issuance
thereof, by ordinance or by resolution in the case of a township, which
shall be irrepealable, for the levy and collection of a direct annual tax
upon all the taxable property within such city, village, incorporated town
or township sufficient to meet the principal and interest of the bonds as
they mature, which tax shall be in addition to that otherwise authorized to
be levied and collected for corporate purposes.
If, however, the corporate
authorities do not provide that the bonds of the city, village,
incorporated town or township be issued, but otherwise approve the action
of the library board, then the library board shall divide the total cost of
constructing and financing a building, or remodeling, repairing, improving
an existing library building or the erection of an addition thereto, or
purchasing and financing a building, site or equipment, or the acquisition
of library materials such as books, periodicals, 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, or any or all of these things, into as many
parts as the trustees determine to spread the collection thereof, and
shall certify the amount of one of these parts to the corporate authorities
each year during the term over which the have determined to
spread the collection. This action by the library Board shall be
irrepealable. The library board shall specify in its certificate the
portion, if any, of the amount to be included in the annual appropriation
and library tax levy, and the amount of the special tax required to pay the
same as has been approved by the voters.
(Source: P.A. 84-770.)
(75 ILCS 5/5-2.5)
Sec. 5-2.5. Bonds as indebtedness. Notwithstanding any provision of law to the contrary:
(a) Any bonds issued under Section 5-2 of this Act shall not be considered indebtedness under any law including, but not limited to, Section 8-5-1 of the Illinois Municipal Code, and such bonds may be issued, regardless of any limitations on indebtedness in law, if the conditions of subsection (b) are met.
(b) Bonds shall not be considered indebtedness and may be issued regardless of any limitations on indebtedness under subsection (a) if:
- (1) the bond or bonds are issued after approval by voters at a regularly scheduled election;
- (2) the bond or bonds do not exceed a principal amount of $11,000,000 in the aggregate;
- (3) on or before the date of sale of the bond or bonds, the board of trustees of the public library and the corporate authorities determine, by ordinance or resolution, that the library project funded by the bond or bonds is needed; and
- (4) the bond or bonds are issued prior to November 1, 2020.
(Source: P.A. 99-735, eff. 8-5-16.)
(75 ILCS 5/5-3) (from Ch. 81, par. 5-3)
Sec. 5-3.
The corporate authorities on receiving the certificate of
the board of library trustees, as provided in Section 5-2, shall, in
its next annual appropriation ordinance or resolution, include the
amount so certified, and shall, for the amount so certified levy and
collect a tax to pay such with the other general taxes of the city,
village, incorporated town or township, and the proceeds of such tax
shall be paid over by the officer charged with the collection thereof to
the board of trustees of such library in cities, villages and
incorporated towns having a population of 50,000 inhabitants or less to
be applied by such board of trustees to the purpose for which such tax
was levied. Such levy shall not exceed .0833% of the value, as equalized
or assessed by the Department of Revenue, in any one
year, and shall not be levied for more than the number of years into
which the library board, in those cases where bonds are not issued as
provided in Section 5-2, has divided the cost of constructing a
building, or remodeling, repairing, improving an existing library
building or the erection of an addition thereto, or purchasing a site,
building or equipment, or to acquire library materials such as books,
periodicals, films, 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,
or any or all of these things. When collected as provided in this
Section the tax shall cease.
(Source: P.A. 84-770.)
(75 ILCS 5/5-4) (from Ch. 81, par. 5-4)
Sec. 5-4.
The library board shall determine when it will proceed with the
construction of a building, or with the purchase of a site or building, or
with the remodeling, repairing, or improving of an existing library
building, or the building of an addition thereto, or with the purchase of
necessary equipment, or the acquisition of library materials such as books,
periodicals, 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, or any
or all of these things. The board may proceed at once or may determine to
wait and allow the fund to accumulate. If the board determines to let the
fund accumulate, it shall invest the money in good interest paying
securities, such as are authorized by law for the investment of trust
funds, there to remain until the same is needed for any or all of the
purposes enumerated aforesaid. The board may contract to accomplish any or
all of the purposes enumerated aforesaid, and may apply the proceeds of the
tax as collected, toward payment therefor.
(Source: Laws 1967, p. 3362.)
(75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
Sec. 5-5. When the board determines to commence the construction of the
building or the remodeling, repairing or improving of an existing library
building or the erection of an addition thereto, the purchase of the
necessary equipment for such library, or the acquisition of library
materials such as books, periodicals, 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, they may then revise the plan therefor or adopt a new
plan and provide estimates of the costs thereof, and shall, when the cost
is in excess of $25,000, advertise for
bids for the construction of the building, or the remodeling, repairing or
improving of an existing library building or the erection of an addition
thereto, or the purchase of the necessary equipment for such library, or
the acquisition of library materials such as books, periodicals, 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, and shall let the contract or
contracts for the same, 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 such bidders security for the performance of the bids determined by
the board pursuant to law. The board may let the contract or contracts
to one or more bidders, as they shall determine.
(Source: P.A. 100-338, eff. 8-25-17.)
(75 ILCS 5/5-6) (from Ch. 81, par. 5-6)
Sec. 5-6.
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 and by this Article, they may with the approval of
the corporate authorities at any time borrow money and execute a
mortgage on an existing library building or site owned or being
purchased, or on a library building being constructed, for an amount not
exceeding 75% of the value thereof as improved, and the money so
obtained shall be used exclusively for the purchase of a site or a
building or for the construction of a building for library purposes or
for the remodeling, repairing or
improving of such existing library building or building of an addition
thereto or for the erection of a new library building or for purchase and
improvement of a site or building adjoining
or adjacent to the existing site and building or the purchase of
necessary equipment for such library, as provided in the plan. The
proceeds of any special tax
levied under Section 5-3 may be applied in whole or in part in payment
of any mortgage indebtedness so incurred. The levy of a tax hereunder
for the purpose of meeting such mortgage and interest, or the principal
and interest on bonds issued hereunder, or for the accumulation of a
fund as hereinabove provided, shall not be included in the aggregate
amount of taxes as limited by Division 3 of Article 8 of the Illinois
Municipal Code nor shall it affect any appropriation made, or to be
made, for the support of the library. This Section shall not apply to
any city having over 500,000 inhabitants.
(Source: P.A. 84-770.)
(75 ILCS 5/5-7) (from Ch. 81, par. 5-7)
Sec. 5-7.
No city, village, township or incorporated town is
authorized to levy the tax provided for in this Article unless it first
adopts an ordinance, or resolution in the case of a
township authorizing
the levy of such tax, certifies to the proper election officials the proposition
for the approval of such tax and such election officials submit the proposition
to the voters of such city, village, township or
incorporated town, as the case may be, at a
regular election and
such proposition is approved by a majority
of such voters
voting upon the question; the proposition shall state the tax, and the
purpose thereof as established by the ordinance or resolution.
However, in any city, village,
township or incorporated town in which a majority of the voters voting
upon the question have, subsequent to January 1, 1969, approved any such
ordinance or resolution providing for the issuance of bonds pursuant to
Section 5-2 of this Act at a coupon rate of less than 7% per annum, the
corporate authorities of any such city, village, township or
incorporated town are authorized to, and may, before January 1, 1972,
issue such bonds, or any part thereof, so approved at a coupon rate that
does not exceed 7% per annum and such corporate authorities are
authorized to adopt an ordinance or resolution authorizing the levy of
the tax provided for in this Article without submitting such ordinance
or resolution to the voters of such city, village, township or
incorporated town for approval.
(Source: P.A. 81-1489.)
(75 ILCS 5/5-8) (from Ch. 81, par. 5-8)
Sec. 5-8.
The library board of any public library organized under the
provisions of this Act may accumulate and set apart, as reserve funds, for the
purchase of sites and buildings, for the construction and equipment of
buildings, for the rental and repair of buildings acquired for library
purposes, and for planned or emergency repairs and alterations of library
buildings and equipment, the unexpended balances of the proceeds annually
received from taxes not to excess of the statutory limits, provided the
library board in its annual appropriation determination to the corporate
authorities specifies that a specific fund is to be or is being accumulated
for this purpose and has further resolved to develop and adopt a plan or
plans pursuant to this Article. The plan required herein will be developed
in general form within 2 years of the adoption of the ordinance
establishing a special reserve fund; such plan subsequently may be amended
as circumstances may require. No plan is needed for the emergency
expenditures from this fund for the repair of an existing library building
or its equipment.
(Source: P.A. 84-770.)
(75 ILCS 5/5-9) (from Ch. 81, par. 5-9)
Sec. 5-9.
Nothing in this Article 5 shall be construed as limiting or
affecting in any way the powers of boards of trustees of township libraries
under the Township Library Bond Act.
(Source: P.A. 90-655, eff. 7-30-98.)