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90_HB2580eng
60 ILCS 1/30-50
60 ILCS 1/105-30 rep.
605 ILCS 5/6-201.17 from Ch. 121, par. 6-201.17
605 ILCS 5/6-803.1 from Ch. 121, par. 6-803.1
605 ILCS 5/6-803.2 new
Amends the Township Code and the Illinois Highway Code.
Deletes the provisions concerning the sale of surplus real
property of a township or of a road district in a county
under township organization. Reinserts those provisions to
subject the sale of real property of the township or road
district to the resolution and appraisal requirements used
for the sale of surplus real property. Subjects the sale of
surplus real property of the township or road district to the
notice and competitive bidding requirements used for the sale
of township property. Authorizes a road district in a
county under township organization to purchase, sell, convey,
regulate, or lease property. Changes a cross reference to
correspond with the provision affecting road districts.
LRB9008724PTsb
HB2580 Engrossed LRB9008724PTsb
1 AN ACT concerning property conveyance.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 of single
11 township road district property) that may be deemed conducive
12 to the interests of its inhabitants, including the lease, for
13 up to 10 years at fair market value, of corporate property
14 for which no use or need during the lease period is
15 anticipated at the time of leasing. The property may be
16 leased to another governmental body, however, or to a
17 not-for-profit corporation that has contracted to construct
18 or fund the construction of a structure or improvement upon
19 the real estate owned by the township and that has contracted
20 with the township to allow the township to use at least a
21 portion of the structure or improvement to be constructed
22 upon the real estate leased and not otherwise used by the
23 township, for any term not exceeding 50 years and for any
24 consideration. In the case of a not-for-profit corporation,
25 the township shall hold a public hearing on the proposed
26 lease. The township town clerk shall give notice of the
27 hearing by publication in a newspaper published in the
28 township, or in a newspaper published in the county and
29 having general circulation in the township if no newspaper is
30 published in the township, and by posting notices in at least
31 5 public places at least 10 days before the public hearing.
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1 (b) If a new tax is to be levied or an existing tax rate
2 is to be increased above the statutory limits for the
3 purchase of the property, however, no action otherwise
4 authorized in subsection (a) shall be taken unless a petition
5 signed by at least 10% of the registered voters residing in
6 the township is presented to the township clerk. If a
7 petition is presented to the township clerk, the clerk shall
8 order a referendum on the proposition. The referendum shall
9 be held at the next annual or special township meeting or at
10 an election in accordance with the general election law. If
11 the referendum is ordered to be held at the township meeting,
12 the township clerk shall give notice that at the next annual
13 or special township meeting the proposition shall be voted
14 upon. The notice shall set forth the proposition and shall
15 be given by publication in a newspaper published in the
16 township. If there is no newspaper published in the township,
17 the notice shall be published in a newspaper published in the
18 county and having general circulation in the township. Notice
19 also shall be given by posting notices in at least 5 public
20 places at least 10 days before the township meeting. If the
21 referendum is ordered to be held at an election, the township
22 clerk shall certify that proposition to the proper election
23 officials, who shall submit the proposition at an election.
24 The proposition shall be submitted in accordance with the
25 general election law.
26 (c) If the leased property is utilized in part for
27 private use and in part for public use, those portions of the
28 improvements devoted to private use are fully taxable. The
29 land is exempt from taxation to the extent that the uses on
30 the land are public and taxable to the extent that the uses
31 are private.
32 (d) Before the township makes a lease or sale of
33 township or road district real or personal property, unless
34 the personal property has a sale value of $200 or less, the
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1 electors shall adopt a resolution stating the intent to lease
2 or sell the real or personal property, describing the
3 property in full, and stating the terms and conditions the
4 electors deem necessary and desirable for the lease or sale.
5 A resolution stating the intent to se1l real property shall
6 also contain pertinent information concerning the size, use,
7 and zoning of the property. The value of real property shall
8 be determined by a written MAI certified appraisal or by a
9 general certified appraiser so designated by the State of
10 Illinois. The appraisal shall be available for public
11 inspection. The resolution may direct the sale to be
12 conducted by the staff of the township or by listing with
13 local licensed real estate agencies (in which case the terms
14 of the agent's compensation shall be included in the
15 resolution).
16 When a township sells township or road district personal
17 property valued for sale at $200 or less, the electors are
18 not required to adopt a resolution. Prior to the sale, the
19 clerk shall prepare a notice stating the intent of the
20 township or road district to sell personal property with a
21 sale value of $200 or less and describing the property in
22 full.
23 The clerk shall thereafter publish the resolution or
24 personal property sale notice once in a newspaper published
25 in the township or, if no newspaper is published in the
26 township, in a newspaper generally circulated in the
27 township. If no newspaper is generally circulated in the
28 township, the clerk shall post the resolution or personal
29 property sale notice in 5 of the most public places in the
30 township. In addition to the foregoing publication
31 requirements, the clerk shall post the resolution or personal
32 property sale notice at the office of the township (if
33 township property is involved) or at the office of the road
34 district (if road district property is involved). The
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1 following information shall be published or posted with the
2 resolution or personal property sale notice: (i) the date by
3 which all bids must be received by the township or road
4 district, which shall not be less than 30 days after the date
5 of publication or posting, and (ii) the place, time, and date
6 at which bids shall be opened, which shall be at a regular
7 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 $200 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.
15 With respect to township real property, the township board
16 may accept the high bid or any other bid determined to be in
17 the best interests of the township by a vote of three-fourths
18 of the township board then holding office, but in no event at
19 a price less than 80% of the appraised value. With respect
20 to road district property, except personal property valued
21 for sale at $200 or less, the highway commissioner may accept
22 the high bid or any other bid determined to be in the best
23 interests of the road district. In either case, the township
24 board or commissioner may reject any and all bids. With
25 respect to township or road district personal property valued
26 for sale at $200 or less, the clerk shall accept at least 2
27 bids and the township board or highway commissioner shall
28 accept the highest bid. This notice and competitive bidding
29 procedure shall not be followed when property is leased to
30 another governmental body. The notice and competitive bidding
31 procedure shall not be followed when property is declared
32 surplus by the electors and sold to another governmental
33 body.
34 (e) Section 6-803.2 of the Illinois Highway Code governs
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1 the purchase, sale, conveyance, regulation, use, or lease of
2 road district property in road districts in counties under
3 township organization.
4 (Source: P.A. 88-62; incorporates 88-356; 88-670, eff.
5 12-2-94; 89-100, eff. 7-7-95; 89-331, eff. 8-17-95; 89-626,
6 eff. 8-9-96.)
7 (60 ILCS 1/105-30 rep.)
8 Section 10. The Township Code is amended by repealing
9 Section 105-30.
10 Section 15. The Illinois Highway Code is amended by
11 changing Sections 6-201.17 and 6-803.1 and adding Section
12 6-803.2 as follows:
13 (605 ILCS 5/6-201.17) (from Ch. 121, par. 6-201.17)
14 Sec. 6-201.17. Purchase or lease of equipment. Have
15 authority to purchase or lease or to finance the purchase of
16 highway construction and maintenance equipment under
17 contracts providing for payment in installments over a period
18 of time of not more than 10 years with interest on the unpaid
19 balance owing not to exceed 9%. The purchases or contracts
20 are subject to the bid provisions of Section 6-201.7 of this
21 Code. In single township road districts in counties under
22 township organization, sale of road district property
23 including, but not limited to, machinery and equipment shall
24 be subject to elector approval as provided in Section 6-803.2
25 30-50 of the Township Code. A trade in of old machinery or
26 equipment on new or different machinery or equipment shall
27 not be construed as the sale of road district property.
28 (Source: P.A. 88-670, eff. 12-2-94; 89-331, eff. 8-17-95.)
29 (605 ILCS 5/6-803.1) (from Ch. 121, par. 6-803.1)
30 Sec. 6-803.1. Surplus public real estate in counties not
HB2580 Engrossed -6- LRB9008724PTsb
1 under township organization. A road district may sell surplus
2 real estate owned by the district as provided in this
3 Section.
4 (a) (Blank). In road districts in counties under
5 township organization, at an annual or special township
6 meeting the electors of the road district by resolution may
7 authorize the sale of surplus public real estate owned by the
8 road district. The value of the real estate shall be
9 determined by a written MAI certified appraisal or by a
10 written certified appraisal of a State certified or licensed
11 real estate appraiser. The appraisal shall be available for
12 public inspection. The resolution may direct the sale to be
13 conducted by the highway commissioner or a person designated
14 by the highway commissioner or by listing the real estate
15 with local licensed real estate agencies (in which case the
16 terms of the agent's compensation shall be included in the
17 resolution). The resolution shall be published at the first
18 opportunity following passage in a newspaper published in the
19 road district or, if there is none, then in a newspaper
20 published in the county in which the road district is
21 located. The resolution shall also contain pertinent
22 information concerning the size, use, and zoning of the real
23 estate and the terms of sale. The highway commissioner may
24 accept any contract proposal he determines to be in the best
25 interest of the township, but in no event shall the real
26 estate be sold at a price less than 80% of its appraised
27 value.
28 (b) In road districts in counties not under township
29 organization, the highway commissioner may sell surplus
30 public real estate owned by the road district. The value of
31 the real estate shall be determined by a written MAI
32 certified appraisal or by a written certified appraisal of a
33 State certified or licensed real estate appraiser. The
34 appraisal shall be available for public inspection. The sale
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1 may be conducted by the highway commissioner or a person
2 designated by the highway commissioner or by listing the real
3 estate with local licensed real estate agencies. A notice of
4 the highway commissioner's intent to sell the real estate
5 shall be published at the first opportunity in a newspaper
6 published in the road district or, if there is none, then in
7 a newspaper published in the county in which the road
8 district is located. The notice shall also contain
9 pertinent information concerning the size, use, and zoning of
10 the real estate and the terms of sale (including the terms of
11 the real estate agent's compensation, if applicable). The
12 highway commissioner may accept any contract proposal he
13 determines to be in the best interest of the road district,
14 but in no event shall the real estate be sold at a price less
15 than 80% of its appraised value.
16 (Source: P.A. 87-1208.)
17 (605 ILCS 5/6-803.2 new)
18 Sec. 6-803.2. Purchase and use of property in counties
19 under township organization.
20 (a) The electors in road districts in counties under
21 township organization may make all orders for the purchase,
22 sale, conveyance, regulation, or use of the road district's
23 corporate property that may be deemed conducive to the
24 interests of its inhabitants, including the lease for up to
25 10 years at fair market value of corporate property for which
26 no use or need during the lease period is anticipated at the
27 time of leasing. The property may be leased to another
28 governmental body, however, or to a not-for-profit
29 corporation that has contracted to construct or fund the
30 construction of a structure or improvement upon the real
31 estate owned by the road district and that has contracted
32 with the road district to allow the road district to use at
33 least a portion of the structure or improvement to be
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1 constructed upon the real estate leased and not otherwise
2 used by the road district for any term not exceeding 50 years
3 and for any consideration. In the case of a not-for-profit
4 corporation, the road district shall hold a public hearing on
5 the proposed lease. The district clerk shall give notice of
6 the hearing by publication in a newspaper published in the
7 road district, or in a newspaper published in the county and
8 having general circulation in the road district if no
9 newspaper is published in the road district, and by posting
10 notices in at least 5 public places at least 10 days before
11 the public hearing.
12 (b) If a new tax is to be levied or an existing tax rate
13 is to be increased above the statutory limits for the
14 purchase of the property, however, no action otherwise
15 authorized in subsection (a) shall be taken unless a petition
16 signed by at least 10% of the registered voters residing in
17 the road district is presented to the district clerk. If a
18 petition is presented to the district clerk, the clerk shall
19 order a referendum on the proposition. The referendum shall
20 be held at the next annual or special meeting or at an
21 election in accordance with the general election law. If the
22 referendum is ordered to be held at a district meeting, the
23 district clerk shall give notice that at the next annual or
24 special meeting the proposition shall be voted upon. The
25 notice shall set forth the proposition and shall be given by
26 publication in a newspaper published in the road district. If
27 there is no newspaper published in the road district, the
28 notice shall be published in a newspaper published in the
29 county and having general circulation in the road district.
30 Notice also shall be given by posting notices in at least 5
31 public places at least 10 days before the meeting. If the
32 referendum is ordered to be held at an election, the district
33 clerk shall certify that proposition to the proper election
34 officials, who shall submit the proposition at an election.
HB2580 Engrossed -9- LRB9008724PTsb
1 The proposition shall be submitted in accordance with the
2 general election law.
3 (c) If the leased property is utilized in part for
4 private use and in part for public use, those portions of the
5 improvements devoted to private use are fully taxable. The
6 land is exempt from taxation to the extent that the uses on
7 the land are public and taxable to the extent that the uses
8 are private.
9 (d) Before the road district makes a lease or sale of
10 road district real or personal property, unless the personal
11 property has a sale value of $200 or less, the electors shall
12 adopt a resolution stating the intent to lease or sell the
13 real or personal property, describing the property in full,
14 and stating the terms and conditions the electors deem
15 necessary and desirable for the lease or sale. A resolution
16 stating the intent to se1l real property shall also contain
17 pertinent information concerning the size, use, and zoning of
18 the property. The value of real property shall be determined
19 by a written MAI certified appraisal or by a general
20 certified appraiser so designated by the State of Illinois.
21 The appraisal shall be available for public inspection. The
22 resolution may direct the sale to be conducted by the
23 district staff or by listing with local licensed real estate
24 agencies (in which case the terms of the agent's compensation
25 shall be included in the resolution).
26 When a road district sells road district personal
27 property valued for sale at $200 or less, the electors are
28 not required to adopt a resolution. Prior to the sale, the
29 clerk shall prepare a notice stating the intent of the road
30 district to sell personal property with a sale value of $200
31 or less and describing the property in full.
32 The clerk shall thereafter publish the resolution or
33 personal property sale notice once in a newspaper published
34 in the road district or, if no newspaper is published in the
HB2580 Engrossed -10- LRB9008724PTsb
1 road district, in a newspaper generally circulated in the
2 road district. If no newspaper is generally circulated in
3 the road district, the clerk shall post the resolution or
4 personal property sale notice in 5 of the most public places
5 in the road district. In addition to the foregoing
6 publication requirements, the clerk shall post the resolution
7 or personal property sale notice at the office of the road
8 district. The following information shall be published or
9 posted with the resolution or personal property sale notice:
10 (i) the date by which all bids must be received by the road
11 district, which shall not be less than 30 days after the date
12 of publication or posting, and (ii) the place, time, and date
13 at which bids shall be opened, which shall be at a regular
14 meeting of the district.
15 All bids shall be opened by the clerk (or someone duly
16 appointed to act for the clerk) at the regular meeting of the
17 road district described in the notice. With respect to road
18 district real property, the highway commissioner may accept
19 the high bid or any other bid determined to be in the best
20 interests of the road district, but in no event at a price
21 less than 80% of the appraised value. With respect to road
22 district personal property, except personal property valued
23 for sale at $200 or less, the highway commissioner may accept
24 the high bid or any other bid determined to be in the best
25 interests of the road district. In either case, the highway
26 commissioner may reject any and all bids. With respect to
27 road district personal property valued for sale at $200 or
28 less, the clerk shall accept at least 2 bids and the highway
29 commissioner shall accept the highest bid. This notice and
30 competitive bidding procedure shall not be followed when
31 property is leased to another governmental body. The notice
32 and competitive bidding procedure shall not be followed when
33 property is declared surplus by the electors and sold to
34 another governmental body.