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| [ House Amendment 001 ] |
90_SB0021sam001
LRB9000091DNmbam01
1 AMENDMENT TO SENATE BILL 21
2 AMENDMENT NO. . Amend Senate Bill 21 by replacing
3 the title with the following:
4 "AN ACT to amend the Township Code by changing Section
5 125-5 and adding Section 235-16."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Township Code is amended by changing
9 Section 125-5 and adding Section 235-16 as follows:
10 (60 ILCS 1/125-5)
11 Sec. 125-5. Power to issue park bonds; park size.
12 (a) For the purpose of promoting the health and welfare
13 of its citizens, a township may issue bonds for the purpose
14 of procuring and improving lands to be set apart and forever
15 held as one or more public parks to be kept and maintained
16 for the free use of the public.
17 (b) No park shall exceed 25 10 acres in extent.
18 (Source: Laws 1915, p. 722; P.A. 88-62.)
19 (60 ILCS 1/235-16 new)
20 Sec. 235-16. Special tax for sidewalks, street lighting,
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1 street repairs, or traffic control devices; counties of
2 3,000,000 or more.
3 (a) The township board of a township in a county with a
4 population of more than 3,000,000 may provide for the
5 construction or installation and repair of sidewalks or
6 repair of streets or street lighting or traffic control
7 devices in the township along or upon any roads and may
8 provide for the payment of the whole or any part of the cost
9 of the construction, installation, or repair by special
10 taxation of the lots, blocks, tracts, or parcels of land
11 touching upon the road near or on which a sidewalk or device
12 is ordered or otherwise benefiting from the improvement,
13 except that the property is not subject to the tax if it is
14 located within a city, village, or incorporated town. This
15 special taxation may be by levying the whole or any part of
16 the cost upon each of the lots, blocks, tracts, or parcels of
17 land touching upon the road or otherwise benefiting from the
18 improvement, pro rata, according to their respective values.
19 The values of the lots, blocks, tracts, or parcels of land
20 shall be determined by the last preceding assessment under
21 the Property Tax Code.
22 (b) Before a special tax may be levied under this
23 Section, the township board shall by resolution set a day and
24 hour for a public hearing upon the proposed improvement for
25 which the tax is to be levied. The hearing shall be held not
26 less than 10 days after the resolution proposing the
27 improvement is adopted. Notice of the time and place of the
28 public hearing shall be sent by mail directed to the person
29 who paid the general taxes for the last preceding year on
30 each lot, tract, and parcel of real estate that is to be
31 subject to the tax not less than 5 days before the date set
32 for the public hearing. The notice, in addition to the time,
33 date, and place of the public hearing, shall contain a
34 general description of the proposed improvement including the
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1 estimated cost of the improvement. The notice shall also
2 inform each person of the requirement that 51% or more of the
3 owners of lots, tracts, and parcels of real estate that would
4 be subject to the tax must sign a petition authorizing the
5 township board to proceed with the improvement.
6 (c) At the time and place fixed for the public hearing,
7 the township board shall meet and hear anyone desiring to be
8 heard upon the subject of the proposed improvement. If any
9 person objects to the proposed improvement or any of the
10 elements of it, the corporate authorities may adopt a new
11 resolution abandoning the proposed scheme or adhering to it
12 or changing, altering, or modifying the extent, nature, kind,
13 or character of the proposed scheme as it considers most
14 desirable.
15 (d) If the owners of 51% or more in number of the lots,
16 tracts, and parcels of real estate that are to be subject to
17 the tax file a petition with the town clerk agreeing with the
18 improvement, then the township board shall proceed with the
19 improvement. If a petition is not filed or contains an
20 insufficient number of signatures, the township board shall
21 proceed no further and the same improvement shall not again
22 be initiated for a period of one year.
23 (e) The township board shall proceed to prepare a
24 special tax list against those lots, blocks, tracts, or
25 parcels of land subject to the special tax, ascertaining by
26 computation the amount of special taxes and the annual
27 installments of those taxes to be charged against each of
28 those lots, blocks, tracts, or parcels of land on account of
29 the installation, construction, or repair according to the
30 rule fixed for the levy of that special tax by the township
31 board.
32 (f) The special tax list shall be filed in the office of
33 a specified officer or board, and this officer or board shall
34 thereupon issue warrants directed to the township collector
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1 (or to the officer designated in the ordinance) for the
2 collection of the amount of special tax so ascertained and
3 appearing from the special tax list to be due from the
4 respective lots, blocks, tracts, or parcels of land. The
5 aggregate amount of each special tax shall be divided into 5
6 annual installments of equal amounts.
7 (g) The township collector (or the officer designated to
8 collect the tax) shall file a copy of the ordinance and the
9 special tax list with the recorder of the county in which the
10 township is situated. Upon that filing, the special tax
11 becomes a lien upon each lot, block, tract, or parcel subject
12 to the special tax until all installments have been paid with
13 respect to the lot, block, tract, or parcel.
14 (h) The first installment shall be due and payable on
15 the second day of January next after the date of the first
16 voucher issued on account of the work done, the second
17 installment one year thereafter, and so on annually until all
18 installments are paid. The specified officer or board shall
19 file in the office of the township collector (or the officer
20 designated to collect the tax) a certificate, signed by the
21 officer or secretary of the board preparing the tax list, of
22 the date of the first voucher and of the amount of the
23 voucher within 30 days after the issuance of the voucher.
24 (i) All the installments shall bear interest as provided
25 in the ordinance until paid, at a rate of not to exceed 6%
26 annually. Interest on assessments shall begin to run from
27 the date of the first voucher issued on account of work done.
28 (j) In all cases, the township collector (or the officer
29 designated to collect the tax), whenever payment is made of
30 any installment, shall collect all interest that is due up to
31 the date of that payment, whether the payment is made at or
32 after maturity. Any person may at any time pay the whole
33 assessment against any lot, block, tract, or parcel of land,
34 or any installment thereof, with interest as provided in this
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1 Section up to the date of payment. The township collector
2 (or the officer designated to collect the tax) shall proceed
3 to collect the warrants by mailing a written notice to the
4 address of the party who last paid the general taxes on the
5 respective lots, blocks, tracts, or parcels of land in the
6 list that the tax list is in his possession for collection.
7 All money collected shall be immediately paid over by that
8 officer to the township.
9 (k) The township collector (or the officer designated to
10 collect the tax) shall maintain as a permanent public record
11 a list containing at least the following information:
12 (1) A description of all lots, blocks, tracts, and
13 parcels subject to the special tax.
14 (2) The amount of the special tax assessed against
15 each lot, block, tract, and parcel.
16 (3) The installments that have been received by the
17 collecting officer.
18 (l) Upon failure to collect the special tax as provided
19 in this Section, the township collector (or the officer
20 designated to collect the tax), on or before the first day of
21 August in each year, shall make a written report of this
22 special tax to the officer of the county authorized by law to
23 apply for judgment against and sell lands for taxes due.
24 This report shall also contain an enumeration of (i) all the
25 lots, blocks, tracts, or parcels of land upon which the
26 special tax remains unpaid, (ii) the names of the respective
27 owners of those lots, blocks, tracts, or parcels so far as
28 the names are known to the collecting officer, (iii) the
29 amount due and unpaid upon each lot, block, tract, or parcel,
30 and (iv) a copy of the resolution or ordinance ordering the
31 installation, construction, or repair. This report shall be
32 accompanied by the oath of the officer that the list is a
33 correct return of the lots, blocks, tracts, or parcels of
34 land on which the special tax levied by authority of the
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1 township for the cost or partial cost, as the case may be, of
2 the sidewalk or device specified in that ordinance remains
3 due and unpaid and that the amounts stated as due and unpaid
4 have not been collected either in whole or in part. This
5 report, when made as required in this subsection, is prima
6 facie evidence that all the forms and requirements of the law
7 in relation to making that return have been complied with and
8 that the special tax, as mentioned in the report, is due and
9 unpaid.
10 (m) When the specified officer of the county receives
11 the report, he or she shall at once proceed to obtain
12 judgment against the lots, blocks, tracts, or parcels of land
13 enumerated in the report for the special tax remaining due
14 and unpaid in the same manner as provided by law for
15 obtaining judgment against land for taxes due and unpaid
16 under the Property Tax Code and in the same manner shall
17 proceed to sell the lots, blocks, tracts, or parcels for the
18 special tax due and unpaid. In obtaining this judgment and
19 making this sale, the specified officer shall be subject to
20 applicable provisions of the Property Tax Code. The Property
21 Tax Code shall also apply to the execution of certificates of
22 sales and deeds and to the force and effect of these sales
23 and deeds. All other laws in relation to the enforcement and
24 collection of taxes and redemption from tax sales shall apply
25 to proceedings to collect the special tax.".