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90_HB2580sam001
LRB9008724PTbdam01
1 AMENDMENT TO HOUSE BILL 2580
2 AMENDMENT NO. . Amend House Bill 2580 by replacing
3 the title with the following:
4 "AN ACT to amend the Township Code by changing Sections
5 30-50, 210-15, and 210-20 and repealing Section 105-30."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Township Code is amended by changing
9 Sections 30-50, 210-15, and 210-20 as follows:
10 (60 ILCS 1/30-50)
11 Sec. 30-50. Purchase and use of property.
12 (a) The electors may make all orders for the purchase,
13 sale, conveyance, regulation, or use of the township's
14 corporate property (including the direct sale of single
15 township road district property) that may be deemed conducive
16 to the interests of its inhabitants, including the lease, for
17 up to 10 years at fair market value, of corporate property
18 for which no use or need during the lease period is
19 anticipated at the time of leasing. The property may be
20 leased to another governmental body, however, or to a
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1 not-for-profit corporation that has contracted to construct
2 or fund the construction of a structure or improvement upon
3 the real estate owned by the township and that has contracted
4 with the township to allow the township to use at least a
5 portion of the structure or improvement to be constructed
6 upon the real estate leased and not otherwise used by the
7 township, for any term not exceeding 50 years and for any
8 consideration. In the case of a not-for-profit corporation,
9 the township shall hold a public hearing on the proposed
10 lease. The township town clerk shall give notice of the
11 hearing by publication in a newspaper published in the
12 township, or in a newspaper published in the county and
13 having general circulation in the township if no newspaper is
14 published in the township, and by posting notices in at least
15 5 public places at least 10 days before the public hearing.
16 (b) If a new tax is to be levied or an existing tax rate
17 is to be increased above the statutory limits for the
18 purchase of the property, however, no action otherwise
19 authorized in subsection (a) shall be taken unless a petition
20 signed by at least 10% of the registered voters residing in
21 the township is presented to the township clerk. If a
22 petition is presented to the township clerk, the clerk shall
23 order a referendum on the proposition. The referendum shall
24 be held at the next annual or special township meeting or at
25 an election in accordance with the general election law. If
26 the referendum is ordered to be held at the township meeting,
27 the township clerk shall give notice that at the next annual
28 or special township meeting the proposition shall be voted
29 upon. The notice shall set forth the proposition and shall
30 be given by publication in a newspaper published in the
31 township. If there is no newspaper published in the township,
32 the notice shall be published in a newspaper published in the
33 county and having general circulation in the township. Notice
34 also shall be given by posting notices in at least 5 public
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1 places at least 10 days before the township meeting. If the
2 referendum is ordered to be held at an election, the township
3 clerk shall certify that proposition to the proper election
4 officials, who shall submit the proposition at an election.
5 The proposition shall be submitted in accordance with the
6 general election law.
7 (c) If the leased property is utilized in part for
8 private use and in part for public use, those portions of the
9 improvements devoted to private use are fully taxable. The
10 land is exempt from taxation to the extent that the uses on
11 the land are public and taxable to the extent that the uses
12 are private.
13 (d) Before the township makes a lease or sale of
14 township or road district real or personal property, unless
15 the personal property has a sale value of $200 or less, the
16 electors shall adopt a resolution stating the intent to lease
17 or sell the real or personal property, describing the
18 property in full, and stating the terms and conditions the
19 electors deem necessary and desirable for the lease or sale.
20 A resolution stating the intent to sell real property shall
21 also contain pertinent information concerning the size, use,
22 and zoning of the property. The value of real property shall
23 be determined by a State licensed real estate appraiser. The
24 appraisal shall be available for public inspection. The
25 resolution may direct the sale to be conducted by the staff
26 of the township or by listing with local licensed real estate
27 agencies (in which case the terms of the agent's compensation
28 shall be included in the resolution).
29 When a township sells township or road district personal
30 property valued for sale at $200 or less, the electors are
31 not required to adopt a resolution. Prior to the sale, the
32 clerk shall prepare a notice stating the intent of the
33 township or road district to sell personal property with a
34 sale value of $200 or less and describing the property in
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1 full.
2 The clerk shall thereafter publish the resolution or
3 personal property sale notice once in a newspaper published
4 in the township or, if no newspaper is published in the
5 township, in a newspaper generally circulated in the
6 township. If no newspaper is generally circulated in the
7 township, the clerk shall post the resolution or personal
8 property sale notice in 5 of the most public places in the
9 township. In addition to the foregoing publication
10 requirements, the clerk shall post the resolution or personal
11 property sale notice at the office of the township (if
12 township property is involved) or at the office of the road
13 district (if road district property is involved). The
14 following information shall be published or posted with the
15 resolution or personal property sale notice: (i) the date by
16 which all bids must be received by the township or road
17 district, which shall not be less than 30 days after the date
18 of publication or posting, and (ii) the place, time, and date
19 at which bids shall be opened, which shall be at a regular
20 meeting of the township board.
21 All bids shall be opened by the clerk (or someone duly
22 appointed to act for the clerk) at the regular meeting of the
23 township board described in the notice. With respect to
24 township personal property, except personal property valued
25 for sale at $200 or less, the township board may accept the
26 high bid or any other bid determined to be in the best
27 interests of the township by a majority vote of the board.
28 With respect to township real property, the township board
29 may accept the high bid or any other bid determined to be in
30 the best interests of the township by a vote of three-fourths
31 of the township board then holding office, but in no event at
32 a price less than 80% of the appraised value. With respect
33 to road district property, except personal property valued
34 for sale at $200 or less, the highway commissioner may accept
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1 the high bid or any other bid determined to be in the best
2 interests of the road district. In each either case, the
3 township board or commissioner may reject any and all bids.
4 With respect to township or road district personal property
5 valued for sale at $200 or less, the clerk shall accept at
6 least 2 bids and the township board or highway commissioner
7 shall accept the highest bid. This notice and competitive
8 bidding procedure shall not be followed when property is
9 leased to another governmental body. The notice and
10 competitive bidding procedure shall not be followed when
11 property is declared surplus by the electors and sold to
12 another governmental body.
13 (Source: P.A. 88-62; incorporates 88-356; 88-670, eff.
14 12-2-94; 89-100, eff. 7-7-95; 89-331, eff. 8-17-95; 89-626,
15 eff. 8-9-96.)
16 (60 ILCS 1/210-15)
17 Sec. 210-15. Contract for collection and disposal;
18 special district; tax.
19 (a) The township board, when authorized by the electors
20 of the unincorporated area of the township to exercise the
21 powers conferred by this Article, may make contracts with any
22 city, village, or incorporated town or with any person,
23 corporation, or county for more than one year and not more
24 than 15 years (i) relating to the composting or recycling of
25 garbage, refuse, and ashes within the unincorporated area of
26 the township or (ii) relating to the collection and final
27 disposition, or relating solely to either the collection or
28 the final disposition, of garbage, refuse, and ashes within
29 the unincorporated area of the township.
30 (b) For this purpose, the township board shall perform
31 one of the following:
32 (1) Declare the unincorporated area of the township
33 a special refuse collection and disposal district for tax
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1 purposes. Proof of the declaration authorizes the county
2 clerk to extend a tax upon the special refuse collection
3 and disposal district in the amount specified in the
4 annual township tax levy, but not more than a rate of
5 0.15% of the value of taxable property as equalized or
6 assessed by the Department of Revenue. The maximum tax
7 rate of 0.15% authorized by this Section may be increased
8 to not more than 0.20% according to the referendum
9 provisions of the General Revenue Law of Illinois.
10 (2) Provide in the contract that the users of the
11 services described in items (i) and (ii) of subsection
12 (a) shall pay the costs of the services directly to the
13 service provider.
14 (Source: P.A. 86-641; 88-62.)
15 (60 ILCS 1/210-20)
16 Sec. 210-20. Annual budget and appropriation ordinance.
17 Whenever the township board makes a contract under this
18 Article that requires the declaration of a special refuse
19 collection and disposal district, the board shall include in
20 the annual budget and appropriation ordinance for each fiscal
21 year an appropriation of a sum of money, to be derived from
22 taxation extended upon the special refuse collection and
23 disposal district, sufficient to pay the amount that, by the
24 terms of the contract, is to become due and payable.
25 (Source: P.A. 82-783; 88-62.)
26 (60 ILCS 1/105-30 rep.)
27 Section 10. The Township Code is amended by repealing
28 Section 105-30.".