Full Text of HB2821 97th General Assembly
HB2821ham001 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 3/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2821
| 2 | | AMENDMENT NO. ______. Amend House Bill 2821 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 30-50 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, | 9 | | sale, conveyance,
regulation, or use of the township's | 10 | | corporate property (including
the direct
sale or lease of | 11 | | single township road district property) that may be deemed | 12 | | conducive
to
the interests of its inhabitants, including the | 13 | | lease, for up to 10 years, or for up to 25 years if the lease is | 14 | | for a wireless telecommunications tower, at
fair market value, | 15 | | of corporate property for which no use or need during the
lease | 16 | | period is anticipated at the time of leasing. The property may |
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| 1 | | be leased
to another governmental body, however,
or to a | 2 | | not-for-profit corporation that has contracted to construct or | 3 | | fund
the construction of a structure or improvement upon the | 4 | | real estate owned by
the township and that has contracted with | 5 | | the township to allow the township to
use at least a portion of | 6 | | the structure or improvement to be constructed upon
the real | 7 | | estate leased and not otherwise used by the township,
for any | 8 | | term not exceeding 50 years and
for any consideration.
In the | 9 | | case of a not-for-profit corporation, the township shall hold a | 10 | | public
hearing on the proposed lease. The township clerk shall | 11 | | give
notice of the hearing
by publication in a newspaper | 12 | | published in the township,
or in a newspaper published in the | 13 | | county and having general
circulation in the township if no | 14 | | newspaper is published in the township, and
by posting notices | 15 | | in at least 5 public places
at least 10 days before the public | 16 | | hearing.
| 17 | | (b) If a new tax is to be levied or an existing tax rate is | 18 | | to be increased
above the statutory limits for the purchase of | 19 | | the property, however, no action
otherwise authorized in | 20 | | subsection (a) shall be taken unless a petition signed
by at | 21 | | least 10% of the registered voters residing in the township is | 22 | | presented
to the township clerk. If a petition is presented to | 23 | | the township clerk, the
clerk shall order a referendum on the | 24 | | proposition. The referendum shall be
held at the next annual or | 25 | | special township meeting or at an election in
accordance with | 26 | | the general election law. If the referendum is ordered to be
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| 1 | | held at the township meeting, the township clerk shall give | 2 | | notice that at the
next annual or special township meeting the | 3 | | proposition shall be voted upon.
The notice shall set forth the | 4 | | proposition and shall be given by publication in
a newspaper | 5 | | published in the township. If there is no newspaper published
| 6 | | in the township, the notice shall be published in a newspaper | 7 | | published in the
county and having general circulation in the | 8 | | township. Notice also shall be
given by posting notices in at | 9 | | least 5 public places at least 10 days before
the township | 10 | | meeting. If the referendum is ordered to be held at an | 11 | | election,
the township clerk shall certify that proposition to | 12 | | the proper election
officials, who shall submit the proposition | 13 | | at an election. The proposition
shall be submitted in | 14 | | accordance with the general election law.
| 15 | | (c) If the leased property is utilized in part for private | 16 | | use and in part
for public use, those portions of the | 17 | | improvements devoted to private use are
fully taxable. The land | 18 | | is exempt from taxation to the extent that the uses on
the land | 19 | | are public and taxable to the extent that the uses are private.
| 20 | | (d) Before the township makes a lease or sale of township | 21 | | or road
district
real or personal property, unless the personal | 22 | | property has a sale value of
$2,500 or less, the electors shall | 23 | | adopt a resolution
stating
the intent to lease or sell the real | 24 | | or personal property, describing the
property in full, and | 25 | | stating the terms and conditions the electors deem
necessary | 26 | | and desirable for the lease or sale. A resolution stating the
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| 1 | | intent to sell real property shall also contain pertinent | 2 | | information
concerning the size, use, and zoning of the | 3 | | property.
The value of real property shall be determined
by a | 4 | | State licensed real estate appraiser.
The appraisal shall be | 5 | | available for
public inspection. The resolution may direct the | 6 | | sale to be conducted by the
staff of the township or by listing | 7 | | with local licensed real
estate agencies
(in which case the | 8 | | terms of the agent's compensation shall be included in the
| 9 | | resolution).
| 10 | | When a township sells
township or road district personal | 11 | | property valued for sale at $2,500 or
less,
the electors are | 12 | | not required to adopt a resolution. Prior to the sale, the
| 13 | | clerk shall prepare a notice stating the intent of the township | 14 | | or road
district to sell personal property with a sale value of | 15 | | $2,500 or less and
describing the property in full.
| 16 | | The clerk shall thereafter publish the resolution or | 17 | | personal property
sale notice once in a newspaper published in | 18 | | the township or, if no newspaper
is published in the township, | 19 | | in a newspaper generally circulated in the
township. If no | 20 | | newspaper is generally circulated in the township, the clerk
| 21 | | shall post the resolution or personal property sale notice in 5 | 22 | | of the
most public places in the township. In addition to the | 23 | | foregoing publication
requirements, the clerk shall post the | 24 | | resolution or personal property
sale notice at the office of | 25 | | the township (if township property is involved)
or at the | 26 | | office of the road district (if road district property is
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| 1 | | involved). The following information shall be published or | 2 | | posted with the
resolution or
personal property sale notice: | 3 | | (i) the date by which all bids must be
received by the township | 4 | | or road district, which shall not be less than 30
days
after | 5 | | the date of publication or posting, and (ii) the place, time, | 6 | | and date at
which bids shall be opened, which shall be at a | 7 | | regular meeting of the township
board.
| 8 | | All bids shall be opened by the clerk (or someone duly | 9 | | appointed to act
for the clerk) at the regular meeting of the | 10 | | township board described in the
notice. With respect to | 11 | | township personal property, except personal
property valued
| 12 | | for sale at $2,500 or less, the township board may accept
the | 13 | | high bid or any
other bid determined to be in the best | 14 | | interests of the township by a majority
vote of the board. With | 15 | | respect to township real property, the township
board may | 16 | | accept the high bid or any other bid determined to be in the
| 17 | | best interests of the township by a vote of three-fourths of | 18 | | the township
board then holding office, but in no event at a | 19 | | price less than 80% of the
appraised value. With respect to | 20 | | road district property, except personal
property valued for | 21 | | sale at $2,500 or less, the highway
commissioner may accept
the | 22 | | high bid or any other bid determined to be in the best | 23 | | interests of the
road district. In each case, the township | 24 | | board or commissioner
may
reject
any and all bids. With respect | 25 | | to township or road district personal
property valued for sale | 26 | | at $2,500 or less, the clerk
shall accept at least 2
bids and |
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| 1 | | the township board or highway commissioner shall accept the
| 2 | | highest
bid. This notice and competitive bidding procedure | 3 | | shall not be followed
when property is leased to another | 4 | | governmental body.
The notice and
competitive bidding | 5 | | procedure shall not be followed when property is declared
| 6 | | surplus by the electors and sold to another governmental body.
| 7 | | If the lease is for a wireless telecommunications tower, | 8 | | and the township board or commissioner has received no bids, | 9 | | the township board or commissioner may negotiate a lease with a | 10 | | private entity. Notwithstanding any other provisions, a lease | 11 | | for a wireless telecommunications tower that was not made | 12 | | through notice and competitive bidding procedures may not | 13 | | exceed 10 years. The terms of the lease shall be published on | 14 | | the township website or in a newspaper before the lease term | 15 | | begins. | 16 | | (e) A trade-in of machinery or equipment on new or | 17 | | different machinery or
equipment does not constitute the sale | 18 | | of township or road district property.
| 19 | | (Source: P.A. 95-909, eff. 8-26-08.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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