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90_SB1203eng
60 ILCS 1/Art. 207 heading new
60 ILCS 1/207-5 new
60 ILCS 1/207-10 new
60 ILCS 1/207-15 new
60 ILCS 1/207-20 new
60 ILCS 1/207-25 new
60 ILCS 1/207-30 new
60 ILCS 1/207-35 new
60 ILCS 1/207-40 new
60 ILCS 1/207-45 new
60 ILCS 1/207-50 new
Amends the Township Code. Authorizes a township in a
county with a population of more than 3,000,000 to fund and
provide special services for its streets, street lighting,
sidewalks, sewer and water systems, alleys, and other
necessary adjuncts, by establishing a special service area.
Provides for notice and hearings on the creation or
enlargement of a special service area, the levy of a tax or
the issuance of bonds for the special services, and the
disconnection of territory from the area. Provides that a
timely filed petition signed by 51% of the area's electors
and 51% of the area's owners of record shall prevent the
township from creating or enlarging a special service area,
levying or increasing a tax for the special services, or
issuing bonds to provide the special services. Effective
immediately.
LRB9006856PTcw
SB1203 Engrossed LRB9006856PTcw
1 AN ACT to amend the Township Code by adding Article 207.
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 adding
5 Article 207 as follows:
6 (60 ILCS 1/Art. 207 heading new)
7 ARTICLE 207. TOWNSHIP
8 SPECIAL SERVICE AREAS
9 (60 ILCS 1/207-5 new)
10 Sec. 207-5. Special service area.
11 (a) For the purposes of this Article, "special service
12 area" means a contiguous area within a township in which
13 special governmental services are provided in addition to
14 those services provided generally throughout the township.
15 The cost of the special services shall be paid by the
16 issuance of bonds to be retired from taxes levied upon
17 territory within the special service area. Territory is
18 contiguous for purposes of this Article even though certain
19 completely surrounded portions of the territory are excluded
20 from the special service area.
21 (b) Except as otherwise provided in this subsection and
22 unless inconsistent with this Article, the provisions of the
23 Special Service Area Tax Law of Article 27 of the Property
24 Tax Code shall apply to special service areas created under
25 this Article. Section 27-55 of the Special Service Area Tax
26 Law shall not apply to this Article. The township and the
27 township board shall have the respective power and authority
28 of a municipality and the corporate authorities of a
29 municipality under the Special Service Area Tax Law. Upon
30 referendum approval, the provisions of this Article, together
SB1203 Engrossed -2- LRB9006856PTcw
1 with applicable ordinances and proceedings under this
2 Article, shall constitute complete authority for the
3 provision of special services, the issuance of bonds by the
4 township, and the levy of a tax to pay the debt service on
5 the bonds.
6 (c) All bonds shall be issued according to the Local
7 Government Debt Reform Act. No bonds issued under this
8 Article shall be regarded as indebtedness of the township for
9 the purpose of any limitation imposed by law.
10 (60 ILCS 1/207-10 new)
11 Sec. 207-10. Township board powers.
12 (a) If approved by referendum, a township in a county
13 with a population of more than 3,000,000 may establish a
14 special service area within the township to provide special
15 services including streets, street lighting, sidewalks,
16 sanitary sewer systems, storm sewer systems, water systems,
17 alleys, and other necessary adjuncts and to issue general
18 obligation bonds to provide the special services.
19 (b) The township board shall be the governing board of
20 the special service area. After the special service area is
21 approved by referendum, the township board may provide for
22 the payment of debt incurred for the special services under
23 this Article.
24 (c) Territory within a municipality shall not be
25 included within a special service area without the consent of
26 the municipality. A township board may create a special
27 service area within the unincorporated area of a county
28 without the consent of the county. After the township board
29 has passed an ordinance proposing the establishment of a
30 special service area by referendum, no unincorporated
31 territory within the proposed special service area at the
32 time the ordinance is passed shall be excluded except with
33 the approval of the township board even if the territory is
SB1203 Engrossed -3- LRB9006856PTcw
1 subsequently annexed to a municipality.
2 (60 ILCS 1/207-15 new)
3 Sec. 207-15. Establishment of special service area.
4 (a) The question of authorizing the establishment of a
5 special service area and the issuance of bonds shall be
6 submitted at referendum by an ordinance of the township
7 board. The ordinance shall be filed with the township clerk
8 who shall certify the question to the proper election
9 authority for submittal at an election pursuant to the
10 Election Code. Notice of the referendum shall include the
11 types of services to be provided, the boundaries of the
12 special service area by general description, the permanent
13 index numbers of all parcels within the special service area,
14 and the maximum amount of bonds to be issued. The notice
15 shall be published by the township clerk or election
16 authority not less than 10 days prior to the election. The
17 notice shall also be prominently displayed by the township
18 clerk or election authority in the polling place of each
19 precinct in which the question is to be submitted in the same
20 manner that instructions to voters are required by law to be
21 posted.
22 (b) The question on the ballot shall be submitted in
23 substantially the following form:
24 Shall (name of township) Township be authorized to
25 establish a Special Service Area to provide the special
26 services of (name of special services) in the territory
27 described as (general description) and to issue general
28 obligation bonds in an amount not to exceed $(amount) to
29 provide for the payment of the special services?
30 The votes shall be recorded as "Yes" or "No".
31 If a majority of the electors voting on the question vote
32 in the affirmative, the township board may, by ordinance,
33 establish the special service area, issue the bonds to the
SB1203 Engrossed -4- LRB9006856PTcw
1 maximum amount authorized, and according to the Special
2 Service Area Tax Law levy a tax to pay the debt service on
3 the bonds.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.