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92_SB0975ham002
LRB9205635MWpkam03
1 AMENDMENT TO SENATE BILL 975
2 AMENDMENT NO. . Amend Senate Bill 975, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Township Code is amended by changing
6 Sections 115-20 and 115-105 as follows:
7 (60 ILCS 1/115-20)
8 Sec. 115-20. Referendum on recommended plan; petition.
9 (a) If the board recommends adoption of the open space
10 plan, or if a petition is filed by not less than 5% or 50,
11 whichever is greater, of the registered voters of the
12 township (according to the voting registration records at the
13 time the petition is filed) recommending adoption of the open
14 space plan, then the Board, within 30 days of making of the
15 recommendation or the filing of the petition, shall file a
16 petition with the township clerk, requesting the clerk to
17 submit to the voters of the township the question of whether
18 the township shall adopt the open space plan and enter upon
19 an open space program, with the power to acquire open land by
20 purchase, condemnation (except townships in counties having a
21 population of more than 150,000 but not more than 250,000),
22 or otherwise in the township and with the power to issue
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1 bonds for those purposes under this Article. The total amount
2 of bonds to be issued under this Section may not exceed 5% of
3 the valuation of all taxable property in the township and
4 shall be set forth in the question as a dollar amount. The
5 township clerk shall certify that proposition to the proper
6 election officials, who shall submit the proposition to the
7 township voters at the next regular election. The referendum
8 shall be conducted and notice given in accordance with the
9 general election law.
10 (b) The question submitted to the voters at the election
11 shall be in substantially the following form:
12 Shall (name of township) adopt the open space plan
13 considered at the public hearing on (date) and enter upon
14 an open space program, and shall the Township Board have
15 the power (i) to acquire open land by purchase (insert ",
16 condemnation," if the township is in a county having a
17 population of more than 250,000) or otherwise, (ii) to
18 issue bonds for open space purposes in an amount not
19 exceeding $(amount), and (iii) to levy a tax to pay the
20 principal of and interest on those bonds, as provided in
21 Article 115 of the Township Code?
22 The votes shall be recorded as "Yes" or "No".
23 (c) If a majority of the voters voting at the election
24 on the question vote in favor of the question, the township
25 shall thereafter adopt the open space plan recommended by the
26 board or by the petition of the registered voters of the
27 township and shall enter upon an open space program under
28 this Article. If the proposition does not receive the
29 approval of a majority of the voters voting at the election
30 on the question, no proposition may be submitted to the
31 voters under this Section less than 23 months after the date
32 of the election.
33 (d) If a majority of the legal voters voting at
34 referendum in any township approved a proposition at the
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1 consolidated election in 2001 in reliance upon and consistent
2 with this Section 115-20 as it existed prior to the effective
3 date of Public Act 91-847, then that referendum and all
4 actions taken in reliance thereon are hereby authorized and
5 validated in all respects.
6 (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00.)
7 (60 ILCS 1/115-105)
8 Sec. 115-105. Borrowing money; bonds. The township
9 board may borrow money and issue bonds, after referendum, for
10 the purpose of acquiring, developing, rehabilitating and
11 renovating open lands for open space purposes, as defined in
12 Section 115-5, pursuant to an open space program adopted as
13 provided in this Article, in and for the township in any
14 amount not to exceed 5% on the valuation of taxable property
15 in the township, to be ascertained by the last assessment for
16 State and county taxes previous to the incurring of such
17 indebtedness or, until January 1, 1983, if greater, the sum
18 that is produced by multiplying the township's 1978 equalized
19 assessed valuation by the debt limitation percentage on
20 January 1, 1979.
21 Whenever the board desires to issue bonds under this
22 Article, or whenever the board receives a petition from not
23 less than 5% or 50, whichever is greater, of the registered
24 voters of the township, according to the voting registration
25 records at the time the petition is filed, requesting the
26 board to issue bonds under this Article, the board,
27 concurrently with the filing of a petition with the township
28 clerk requesting him to submit to the voters of the township
29 at the next election the question of whether or not to adopt
30 an open space plan and enter upon an open space program,
31 shall certify that proposition to the proper election
32 officials who shall submit to the voters of the township at
33 the next election the question of whether or not the board
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1 shall issue bonds to finance an open space program and
2 provide for the levy and collection of a direct annual tax
3 upon all taxable property within the township to meet the
4 principal and interest on the bonds as they mature, which tax
5 shall be in addition to and in excess of any other tax
6 authorized to be levied by the township. The amount of bonds
7 to be issued under this Section shall be set forth in the
8 question as a dollar amount. The election shall be conducted
9 and notice given in accordance with the general election law.
10 The question submitted to the voters at the election shall be
11 in substantially the following form:
12 Shall (name of township) issue bonds to finance the
13 acquisition, maintenance, development, rehabilitation and
14 renovation of open space lands for open space purposes as
15 provided by the Township Open Space Article of the
16 Township Code and levy and collect property taxes, in
17 excess of any other tax authorized to be levied by the
18 township, sufficient to meet the principal and interest
19 on the bonds as they mature, but not in an amount in
20 excess of $(amount)?
21 The votes shall be recorded as "Yes" or "No".
22 If a majority of the voters voting on the question vote
23 in favor of the question, the board shall issue bonds as
24 provided in this Article provided such bonds are issued
25 within 6 months after the voters vote favorably on such
26 question. If such proposition does not receive the approval
27 of a majority of the voters voting at the election on the
28 question, no proposition may be submitted to such voters
29 pursuant to this Section less than 23 months after the date
30 of such election.
31 The board shall then adopt a resolution authorizing the
32 issuance of such bonds, prescribing all the details thereof,
33 and stating the time or times when the principal thereof and
34 the interest on the bonds become payable, and the place of
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1 payment thereof. The bonds must, however, be payable within
2 not less than 3 nor more than 40 years from date thereof, and
3 be issued to bear interest at not to exceed the maximum rate
4 authorized by the Bond Authorization Act, as amended at the
5 time of the making of the contract. Such a resolution shall
6 provide for the levy and collection of a direct annual tax
7 upon all the taxable property within the corporate limits of
8 such township sufficient to meet the principal of and
9 interest on the bonds as they mature, which tax shall be in
10 addition to and in excess of any other tax authorized to be
11 levied by the township.
12 A certified copy of the resolution providing for the
13 issuance of any such bonds shall be filed with the county
14 clerk of the county in which the township is located and
15 constitutes the basis and authority of the county clerk for
16 the extension and collection of the tax necessary to pay the
17 principal of and interest upon the bonds issued under the
18 resolution.
19 With respect to instruments for the payment of money
20 issued under this Section either before, on, or after the
21 effective date of Public Act 86-004, it is and always has
22 been the intention of the General Assembly (i) that the
23 Omnibus Bond Acts are and always have been supplementary
24 grants of power to issue instruments in accordance with the
25 Omnibus Bond Acts, regardless of any provision of this
26 Article that may appear to be or to have been more
27 restrictive than those Acts, (ii) that the provisions of this
28 Section are not a limitation on the supplementary authority
29 granted by the Omnibus Bonds Acts, and (iii) that instruments
30 issued under this Section within the supplementary authority
31 granted by the Omnibus Bond Acts are not invalid because of
32 any provision of this Article that may appear to be or to
33 have been more restrictive than those Acts.
34 If a majority of the legal voters voting at referendum in
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1 any township approved a proposition at the consolidated
2 election in 2001 in reliance upon and consistent with this
3 Section 115-105 as it existed prior to the effective date of
4 Public Act 91-847, then that referendum and all actions taken
5 in reliance thereon are hereby authorized and validated in
6 all respects.
7 (Source: P.A. 91-847, eff. 6-22-00.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".