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90_SB1203sam001
LRB9006856PTbdam
1 AMENDMENT TO SENATE BILL 1203
2 AMENDMENT NO. . Amend Senate Bill 1203 by replacing
3 everything after the enacting clause with the following:
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
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1 unless inconsistent with this Article, the provisions of the
2 Special Service Area Tax Law of Article 27 of the Property
3 Tax Code shall apply to special service areas created under
4 this Article. Section 27-55 of the Special Service Area Tax
5 Law shall not apply to this Article. The township and the
6 township board shall have the respective power and authority
7 of a municipality and the corporate authorities of a
8 municipality under the Special Service Area Tax Law. Upon
9 referendum approval, the provisions of this Article, together
10 with applicable ordinances and proceedings under this
11 Article, shall constitute complete authority for the
12 provision of special services, the issuance of bonds by the
13 township, and the levy of a tax to pay the debt service on
14 the bonds.
15 (c) All bonds shall be issued according to the Local
16 Government Debt Reform Act. No bonds issued under this
17 Article shall be regarded as indebtedness of the township for
18 the purpose of any limitation imposed by law.
19 (60 ILCS 1/207-10 new)
20 Sec. 207-10. Township board powers.
21 (a) If approved by referendum, a township in a county
22 with a population of more than 3,000,000 may establish a
23 special service area within the township to provide special
24 services including streets, street lighting, sidewalks,
25 sanitary sewer systems, storm sewer systems, water systems,
26 alleys, and other necessary adjuncts and to issue general
27 obligation bonds to provide the special services.
28 (b) The township board shall be the governing board of
29 the special service area. After the special service area is
30 approved by referendum, the township board may provide for
31 the payment of debt incurred for the special services under
32 this Article.
33 (c) Territory within a municipality shall not be
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1 included within a special service area without the consent of
2 the municipality. A township board may create a special
3 service area within the unincorporated area of a county
4 without the consent of the county. After the township board
5 has passed an ordinance proposing the establishment of a
6 special service area by referendum, no unincorporated
7 territory within the proposed special service area at the
8 time the ordinance is passed shall be excluded except with
9 the approval of the township board even if the territory is
10 subsequently annexed to a municipality.
11 (60 ILCS 1/207-15 new)
12 Sec. 207-15. Establishment of special service area.
13 (a) The question of authorizing the establishment of a
14 special service area and the issuance of bonds shall be
15 submitted at referendum by an ordinance of the township
16 board. The ordinance shall be filed with the township clerk
17 who shall certify the question to the proper election
18 authority for submittal at an election pursuant to the
19 Election Code. Notice of the referendum shall include the
20 types of services to be provided, the boundaries of the
21 special service area by general description, the permanent
22 index numbers of all parcels within the special service area,
23 and the maximum amount of bonds to be issued. The notice
24 shall be published by the township clerk or election
25 authority not less than 10 days prior to the election. The
26 notice shall also be prominently displayed by the township
27 clerk or election authority in the polling place of each
28 precinct in which the question is to be submitted in the same
29 manner that instructions to voters are required by law to be
30 posted.
31 (b) The question on the ballot shall be submitted in
32 substantially the following form:
33 Shall (name of township) Township be authorized to
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1 establish a Special Service Area to provide the special
2 services of (name of special services) in the territory
3 described as (general description) and to issue general
4 obligation bonds in an amount not to exceed $(amount) to
5 provide for the payment of the special services?
6 The votes shall be recorded as "Yes" or "No".
7 If a majority of the electors voting on the question vote
8 in the affirmative, the township board may, by ordinance,
9 establish the special service area, issue the bonds to the
10 maximum amount authorized, and according to the Special
11 Service Area Tax Law levy a tax to pay the debt service on
12 the bonds.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".