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10/27/89 In Re Application For Judgment For Delinquent Taxes For the

October 27, 1989

IN RE APPLICATION FOR JUDGMENT FOR DELINQUENT TAXES FOR THE


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

YEAR 1981 (The People of the State of Illinois ex

rel. Bernard Oaks, County Treasurer and ex

officio Collector of Taxes of Fulton

County, Plaintiff-Appellee, v.

Central Illinois Light Company, Defendant-Appellant (Canton

Union School District No. 66, Intervenor-Appellee))

546 N.E.2d 1052, 190 Ill. App. 3d 908, 137 Ill. Dec. 939 1989.IL.1699

Appeal from the Circuit Court of Fulton County; the Hon. Charles H. Wilhelm, Judge, presiding.

Rehearing Denied December 11, 1989.

APPELLATE Judges:

JUSTICE STOUDER delivered the opinion of the court. BARRY and HEIPLE, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STOUDER

Central Illinois Light Company appeals from the judgment of the circuit court of Fulton County, denying its objections to taxes levied for the years 1981 through 1985 by the school board of Canton Union School District No. 66 (the district). The first of CILCO's objections contends that the district, in abolishing and recreating its working cash fund, exceeded tax rate limitations of the School Code (the Code) (Ill. Rev. Stat. 1981, ch. 122, par. 1-1 et seq.). The second of its objections contends that the district exceeded taxing limitations by its adoption of a supplemental debt-service levy. We will address CILCO's objections serially.

On April 10, 1981, the district's school board adopted a resolution abolishing the district's working cash fund effective at the close of the school year and transferring any money remaining in that fund to the education fund. Then, at the same meeting, the board adopted a resolution creating a new working cash fund to be funded by the issuance of new working cash fund bonds in the amount of $1,890,000. The board further resolved that the principal and interest for such bonds be paid through the appropriate tax levy. In accordance with the resolutions, working cash fund ...


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