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90_SB1203enr 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 Enrolled 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 Enrolled -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 Enrolled -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 Enrolled -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.