(60 ILCS 1/115-125)
Sec. 115-125.
Validation.
Sections 4.06 through 8 of the Township Open
Space Act were inadvertently omitted from the Township Code when that Code was
enacted by Public Act 88-62. Those Sections are being added to the Township
Code as Sections 115-75 through 115-120. They shall be construed as a
continuation of the corresponding provisions of the Township Open Space Act and
not as a new or different law. Every otherwise lawful action taken in reliance
on and in accordance with those Sections after December 31, 1993 and before the
effective date of this amendatory Act of 1994 is hereby validated.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 120 heading) ARTICLE 120.
TOWNSHIP
PARKS
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(60 ILCS 1/120-5)
Sec. 120-5.
Power to acquire park land; inapplicable to church.
(a) A township, acting through the township board, may acquire lands (not
exceeding for any one park 25 acres in extent, unless received as a gift) to be
set apart and forever held and maintained and improved as public parks for the
free use of the public.
(b) This Section does not apply to property owned by a church or any
organization owned, operated, or controlled by or affiliated with a church,
regardless of whether the property is subject to a lease, occupancy agreement,
or other contract, agreement, or arrangement with a person or entity other than
a church.
(Source: P.A. 86-282; 88-62.)
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(60 ILCS 1/120-10)
Sec. 120-10. Method of acquiring land. A township desiring to procure lands
for park purposes under this Article may purchase the lands from the owner or
owners or, in the discretion of the township board, may acquire the lands by
the exercise of the power of eminent domain in the manner provided by the laws
of this State for taking or damaging private property for public purposes. A township may not utilize eminent domain powers with respect to lands located within the boundaries of a municipality that is served by a municipal recreation department, or a park district.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/120-15)
Sec. 120-15.
Townships in certain counties; golf courses and fees.
(a) A township in a county having a population between 300,000 and 1,000,000
may, by purchase only and not by condemnation, acquire lands not exceeding 50
acres for park purposes or golf courses. A township in a county having a
population between 100,000 and 300,000 may, by purchase only and not by
condemnation, acquire lands not exceeding 100 acres for park purposes or golf
courses.
(b) If the lands are developed as a golf course, the township board shall
charge a fee of those using the golf course and its facilities. The fee shall
be at a rate sufficient to pay for the maintenance, depreciation, and operating
costs relating to the golf course.
(Source: P.A. 85-1209; 88-62.)
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(60 ILCS 1/120-20)
Sec. 120-20.
Park maintenance tax.
(a) To provide a fund for the maintenance of parks, the township board may
levy annual taxes not exceeding 0.02% (or the rate limit in effect on July 1,
1967, whichever is greater) of the value of the property in the township in any
one year, as equalized or assessed by the Department of Revenue. The tax shall
be levied and collected at the time and in the manner that other township taxes
are required to be levied and collected.
(b) The limitations upon tax rates in subsection (a) may be increased
or decreased under the referendum provisions of the General Revenue Law of
Illinois.
(c) The maintenance tax, when levied and collected, shall be kept separate
and distinct from all other township funds and shall be applied exclusively to
the expense of maintenance and upkeep, adornment, and development of parks
acquired by the township or to the acquisition of other lands to be used for
public park purposes. In any township in a county having a population
between 100,000 and 1,000,000, the moneys provided by the taxes authorized by
this Section may be used for the acquisition and development of lands for park
and golf course purposes under Section 120-15, subject to the requirements of
that Section concerning the establishment of fees for the use of golf courses.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 125 heading) ARTICLE 125.
TOWNSHIP
PARK BONDS
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(60 ILCS 1/125-5)
Sec. 125-5.
Power to issue park bonds; park size.
(a) For the purpose of promoting the health and welfare of its citizens, a
township may issue bonds for the purpose of procuring and improving lands to be
set apart and forever held as one or more public parks to be kept and
maintained for the free use of the public.
(b) No park shall exceed 25 acres in extent.
(Source: P.A. 90-438, eff. 1-1-98.)
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(60 ILCS 1/125-10)
Sec. 125-10. Petition and referendum.
(a) Legal voters of a township numbering no less than 5% or 50, whichever is greater, of the registered voters of the township, may file a petition in writing in
the office of the circuit clerk in the county in which the township is located,
with a copy of such petition required to be filed on the same day with the township clerk, asking that a referendum be held to authorize the issuance of bonds for the
purpose of providing funds for the purchase and improvement of one or more
public parks in the township. The petition shall designate the amount of bonds
proposed to be issued for the acquirement and improvement of the parks. Within 5 business days after the filing of the petition, the township clerk shall provide public notice of the existence of the filed petition in the same manner as notices of meetings of the township board are provided. After a hearing conducted no less than 30 days after the filing of the petition, at which time the validity of the petition may be challenged in accordance with the general election law, the circuit court, if it determines that the
petition conforms with the requirements of the law, shall certify the question
to the proper election officials, who shall submit the question at an election
to the legally qualified voters of the township. The court shall designate the
election at which the question shall be submitted. The notice of the referendum
shall state the amount of bonds proposed to be issued and identify any specific park acquisition or improvement projects intended to be supported by the bond proceeds, and the notice shall be
given and the referendum conducted in accordance with the general election law.
(b) The proposition at the referendum shall be substantially in one of the
following forms:
Form A
Shall (name of township) be authorized to issue park | ||
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Form B
Shall (name of township) be authorized to issue park | ||
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The votes shall be recorded as "Yes" or "No".
(c) If a majority of the votes cast upon the proposition are in favor of the
issuance of bonds, the township supervisor and township clerk shall issue the
bonds of the township not exceeding the amount voted upon at the township
election. The bonds shall become due not more than 20 years after their date,
shall be in denominations of $100 or any multiple of $100, and shall bear
interest, evidenced by coupons, at the rate of not exceeding 5% per annum,
payable semiannually.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/125-12) Sec. 125-12. Public hearing following referendum approval.
(a) Before the bonds shall be sold, the township board shall hold at least one public hearing on the subject of how the bond proceeds may be spent. In addition to providing no less than 15 days' advance public notice of such hearing in a manner consistent with meetings of the township board, notice of such public hearing shall be provided to all municipalities and park districts located within the township. All interested residents and local government officials within the township shall be afforded an opportunity to be heard during the public hearing. (b) When Form A of the referendum question is used, the township shall consider all legitimate park acquisition and improvement projects that are submitted in connection with the public hearing. When Form B of the referendum question is used, the township shall consider only those park acquisition and improvement projects that were identified in the question.
(Source: P.A. 94-622, eff. 8-18-05.) |