Illinois General Assembly - Full Text of SB2940
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Full Text of SB2940  100th General Assembly

SB2940enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB2940 EnrolledLRB100 18950 AWJ 34200 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing Section
530-50 as follows:
 
6    (60 ILCS 1/30-50)
7    Sec. 30-50. Purchase and use of property.
8    (a) The electors may make all orders for the purchase,
9sale, conveyance, regulation, or use of the township's
10corporate property (including the direct sale or lease of
11single township road district property) that may be deemed
12conducive to the interests of its inhabitants, including the
13lease, for up to 10 years, or for up to 25 years if the lease is
14for a wireless telecommunications tower, at fair market value,
15of corporate property for which no use or need during the lease
16period is anticipated at the time of leasing. The electors may
17delegate the power to purchase, sell, or lease property to the
18township board for a period of up to 12 months and the township
19board may specify properties being considered. The property may
20be leased to another governmental body, however, or to a
21not-for-profit corporation that has contracted to construct or
22fund the construction of a structure or improvement upon the
23real estate owned by the township and that has contracted with

 

 

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1the township to allow the township to use at least a portion of
2the structure or improvement to be constructed upon the real
3estate leased and not otherwise used by the township, for any
4term not exceeding 50 years and for any consideration. In the
5case of a not-for-profit corporation, the township shall hold a
6public hearing on the proposed lease. The township clerk shall
7give notice of the hearing by publication in a newspaper
8published in the township, or in a newspaper published in the
9county and having general circulation in the township if no
10newspaper is published in the township, and by posting notices
11in at least 5 public places at least 15 days before the public
12hearing.
13    (b) If a new tax is to be levied or an existing tax rate is
14to be increased above the statutory limits for the purchase of
15the property, however, no action otherwise authorized in
16subsection (a) shall be taken unless a petition signed by at
17least 10% of the registered voters residing in the township is
18presented to the township clerk. If a petition is presented to
19the township clerk, the clerk shall order a referendum on the
20proposition. The referendum shall be held at the next annual or
21special township meeting or at an election in accordance with
22the general election law. If the referendum is ordered to be
23held at the township meeting, the township clerk shall give
24notice that at the next annual or special township meeting the
25proposition shall be voted upon. The notice shall set forth the
26proposition and shall be given by publication in a newspaper

 

 

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1published in the township. If there is no newspaper published
2in the township, the notice shall be published in a newspaper
3published in the county and having general circulation in the
4township. Notice also shall be given by posting notices in at
5least 5 public places at least 15 days before the township
6meeting. If the referendum is ordered to be held at an
7election, the township clerk shall certify that proposition to
8the proper election officials, who shall submit the proposition
9at an election. The proposition shall be submitted in
10accordance with the general election law.
11    (c) If the leased property is utilized in part for private
12use and in part for public use, those portions of the
13improvements devoted to private use are fully taxable. The land
14is exempt from taxation to the extent that the uses on the land
15are public and taxable to the extent that the uses are private.
16    (d) Before the township makes a lease or sale of township
17or road district real property, the electors shall either
18delegate the power to the township board to purchase, sell, or
19lease properties for a period of up to 12 months as provided in
20subsection (a) or adopt a resolution stating the intent to
21lease or sell the real property, describing the property in
22full, and stating the terms and conditions the electors deem
23necessary and desirable for the lease or sale. A resolution
24stating the intent to sell real property shall also contain
25pertinent information concerning the size, use, and zoning of
26the property. The value of real property shall be determined by

 

 

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1a State licensed real estate appraiser. The appraisal shall be
2available for public inspection. The resolution may direct the
3sale to be conducted by the staff of the township or by listing
4with local licensed real estate agencies (in which case the
5terms of the agent's compensation shall be included in the
6resolution).
7    Anytime during the year, the township or township road
8district may lease or sell personal property by a vote of the
9township board or request of the township highway commissioner.
10    The clerk shall thereafter publish the resolution or
11personal property sale notice once in a newspaper published in
12the township or, if no newspaper is published in the township,
13in a newspaper generally circulated in the township. If no
14newspaper is generally circulated in the township, the clerk
15shall post the resolution or personal property sale notice in 5
16of the most public places in the township. In addition to the
17foregoing publication requirements, the clerk shall post the
18resolution or personal property sale notice at the office of
19the township (if township property is involved) or at the
20office of the road district (if road district property is
21involved). The following information shall be published or
22posted with the resolution or personal property sale notice:
23(i) the date by which all bids must be received by the township
24or road district, which shall not be less than 30 days after
25the date of publication or posting, and (ii) the place, time,
26and date at which bids shall be opened, which shall be at a

 

 

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1regular meeting of the township board.
2    All bids shall be opened by the clerk (or someone duly
3appointed to act for the clerk) at the regular meeting of the
4township board described in the notice. With respect to
5township personal property, the township board may accept the
6high bid or any other bid determined to be in the best
7interests of the township by a majority vote of the board. With
8respect to township real property, the township board may
9accept the high bid or any other bid determined to be in the
10best interests of the township by a vote of three-fourths of
11the township board then holding office, but in no event at a
12price less than 80% of the appraised value. With respect to
13road district property, the highway commissioner may accept the
14high bid or any other bid determined to be in the best
15interests of the road district. In each case, the township
16board or commissioner may reject any and all bids. This notice
17and competitive bidding procedure shall not be followed when
18property is leased to another governmental body. The notice and
19competitive bidding procedure shall not be followed when real
20or personal property is declared surplus by the township board
21or the highway commissioner and sold to another governmental
22body.
23    The township board or the highway commissioner may
24authorize the sale of personal property by public auction
25conducted by an auctioneer licensed under the Auction License
26Act or through an approved Internet auction service.

 

 

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1    (e) A trade-in of machinery or equipment on new or
2different machinery or equipment does not constitute the sale
3of township or road district property.
4(Source: P.A. 98-549, eff. 8-26-13; 98-653, eff. 6-18-14;
599-78, eff. 7-20-15.)