Public Act 93-0424
HB1385 Enrolled LRB093 05925 MKM 06022 b
AN ACT in relation to townships.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5 The Township Code is amended by changing
Section 30-50 as follows:
(60 ILCS 1/30-50)
Sec. 30-50. Purchase and use of property.
(a) The electors may make all orders for the purchase,
sale, conveyance, regulation, or use of the township's
corporate property (including the direct sale of single
township road district property) that may be deemed conducive
to the interests of its inhabitants, including the lease, for
up to 10 years at fair market value, of corporate property
for which no use or need during the lease period is
anticipated at the time of leasing. The property may be
leased to another governmental body, however, or to a
not-for-profit corporation that has contracted to construct
or fund the construction of a structure or improvement upon
the real estate owned by the township and that has contracted
with the township to allow the township to use at least a
portion of the structure or improvement to be constructed
upon the real estate leased and not otherwise used by the
township, for any term not exceeding 50 years and for any
consideration. In the case of a not-for-profit corporation,
the township shall hold a public hearing on the proposed
lease. The township clerk shall give notice of the hearing
by publication in a newspaper published in the township, or
in a newspaper published in the county and having general
circulation in the township if no newspaper is published in
the township, and by posting notices in at least 5 public
places at least 10 days before the public hearing.
(b) If a new tax is to be levied or an existing tax rate
is to be increased above the statutory limits for the
purchase of the property, however, no action otherwise
authorized in subsection (a) shall be taken unless a petition
signed by at least 10% of the registered voters residing in
the township is presented to the township clerk. If a
petition is presented to the township clerk, the clerk shall
order a referendum on the proposition. The referendum shall
be held at the next annual or special township meeting or at
an election in accordance with the general election law. If
the referendum is ordered to be held at the township meeting,
the township clerk shall give notice that at the next annual
or special township meeting the proposition shall be voted
upon. The notice shall set forth the proposition and shall
be given by publication in a newspaper published in the
township. If there is no newspaper published in the township,
the notice shall be published in a newspaper published in the
county and having general circulation in the township. Notice
also shall be given by posting notices in at least 5 public
places at least 10 days before the township meeting. If the
referendum is ordered to be held at an election, the township
clerk shall certify that proposition to the proper election
officials, who shall submit the proposition at an election.
The proposition shall be submitted in accordance with the
general election law.
(c) If the leased property is utilized in part for
private use and in part for public use, those portions of the
improvements devoted to private use are fully taxable. The
land is exempt from taxation to the extent that the uses on
the land are public and taxable to the extent that the uses
are private.
(d) Before the township makes a lease or sale of
township or road district real or personal property, unless
the personal property has a sale value of $2,500 or less $200
or less, the electors shall adopt a resolution stating the
intent to lease or sell the real or personal property,
describing the property in full, and stating the terms and
conditions the electors deem necessary and desirable for the
lease or sale. A resolution stating the intent to sell real
property shall also contain pertinent information concerning
the size, use, and zoning of the property. The value of real
property shall be determined by a State licensed real estate
appraiser. The appraisal shall be available for public
inspection. The resolution may direct the sale to be
conducted by the staff of the township or by listing with
local licensed real estate agencies (in which case the terms
of the agent's compensation shall be included in the
resolution).
When a township sells township or road district personal
property valued for sale at $2,500 or less $200 or less, the
electors are not required to adopt a resolution. Prior to
the sale, the clerk shall prepare a notice stating the intent
of the township or road district to sell personal property
with a sale value of $2,500 or less $200 or less and
describing the property in full.
The clerk shall thereafter publish the resolution or
personal property sale notice once in a newspaper published
in the township or, if no newspaper is published in the
township, in a newspaper generally circulated in the
township. If no newspaper is generally circulated in the
township, the clerk shall post the resolution or personal
property sale notice in 5 of the most public places in the
township. In addition to the foregoing publication
requirements, the clerk shall post the resolution or personal
property sale notice at the office of the township (if
township property is involved) or at the office of the road
district (if road district property is involved). The
following information shall be published or posted with the
resolution or personal property sale notice: (i) the date by
which all bids must be received by the township or road
district, which shall not be less than 30 days after the date
of publication or posting, and (ii) the place, time, and date
at which bids shall be opened, which shall be at a regular
meeting of the township board.
All bids shall be opened by the clerk (or someone duly
appointed to act for the clerk) at the regular meeting of the
township board described in the notice. With respect to
township personal property, except personal property valued
for sale at $2,500 or less $200 or less, the township board
may accept the high bid or any other bid determined to be in
the best interests of the township by a majority vote of the
board. With respect to township real property, the township
board may accept the high bid or any other bid determined to
be in the best interests of the township by a vote of
three-fourths of the township board then holding office, but
in no event at a price less than 80% of the appraised value.
With respect to road district property, except personal
property valued for sale at $2,500 or less $200 or less, the
highway commissioner may accept the high bid or any other bid
determined to be in the best interests of the road district.
In each case, the township board or commissioner may reject
any and all bids. With respect to township or road district
personal property valued for sale at $2,500 or less $200 or
less, the clerk shall accept at least 2 bids and the township
board or highway commissioner shall accept the highest bid.
This notice and competitive bidding procedure shall not be
followed when property is leased to another governmental
body. The notice and competitive bidding procedure shall not
be followed when property is declared surplus by the electors
and sold to another governmental body.
(e) A trade-in of machinery or equipment on new or
different machinery or equipment does not constitute the sale
of township or road district property.
(Source: P.A. 89-100, eff. 7-7-95; 89-331, eff. 8-17-95;
89-626, eff. 8-9-96; 90-751, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.