Public Act 93-0424

HB1385 Enrolled                      LRB093 05925 MKM 06022 b

    AN ACT in relation to townships.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5  The  Township  Code  is  amended  by changing
Section 30-50 as follows:

    (60 ILCS 1/30-50)
    Sec. 30-50.  Purchase and use of property.
    (a)  The electors may make all orders for  the  purchase,
sale,  conveyance,  regulation,  or  use  of  the  township's
corporate  property  (including  the  direct  sale  of single
township road district property) that may be deemed conducive
to the interests of its inhabitants, including the lease, for
up to 10 years at fair market value,  of  corporate  property
for  which  no  use  or  need  during  the  lease  period  is
anticipated  at  the  time  of  leasing.  The property may be
leased  to  another  governmental  body,  however,  or  to  a
not-for-profit corporation that has contracted  to  construct
or  fund  the construction of a structure or improvement upon
the real estate owned by the township and that has contracted
with the township to allow the township to  use  at  least  a
portion  of  the  structure  or improvement to be constructed
upon the real estate leased and not  otherwise  used  by  the
township,  for  any  term  not exceeding 50 years and for any
consideration.  In the case of a not-for-profit  corporation,
the  township  shall  hold  a  public hearing on the proposed
lease.  The township clerk shall give notice of  the  hearing
by  publication  in a newspaper published in the township, or
in a newspaper published in the  county  and  having  general
circulation  in  the township if no newspaper is published in
the township, and by posting notices in  at  least  5  public
places at least 10 days before the public hearing.
    (b)  If a new tax is to be levied or an existing tax rate
is  to  be  increased  above  the  statutory  limits  for the
purchase  of  the  property,  however,  no  action  otherwise
authorized in subsection (a) shall be taken unless a petition
signed by at least 10% of the registered voters  residing  in
the  township  is  presented  to  the  township  clerk.  If a
petition is presented to the township clerk, the clerk  shall
order  a referendum on the proposition.  The referendum shall
be held at the next annual or special township meeting or  at
an  election in accordance with the general election law.  If
the referendum is ordered to be held at the township meeting,
the township clerk shall give notice that at the next  annual
or  special  township  meeting the proposition shall be voted
upon.  The notice shall set forth the proposition  and  shall
be  given  by  publication  in  a  newspaper published in the
township. If there is no newspaper published in the township,
the notice shall be published in a newspaper published in the
county and having general circulation in the township. Notice
also shall be given by posting notices in at least  5  public
places  at least 10 days before the township meeting.  If the
referendum is ordered to be held at an election, the township
clerk shall certify that proposition to the  proper  election
officials,  who  shall submit the proposition at an election.
The proposition shall be submitted  in  accordance  with  the
general election law.
    (c)  If  the  leased  property  is  utilized  in part for
private use and in part for public use, those portions of the
improvements devoted to private use are fully  taxable.   The
land  is  exempt from taxation to the extent that the uses on
the land are public and taxable to the extent that  the  uses
are private.
    (d)  Before  the  township  makes  a  lease  or  sale  of
township  or  road district real or personal property, unless
the personal property has a sale value of $2,500 or less $200
or less, the electors shall adopt a  resolution  stating  the
intent  to  lease  or  sell  the  real  or personal property,
describing the property in full, and stating  the  terms  and
conditions  the electors deem necessary and desirable for the
lease or sale.  A resolution stating the intent to sell  real
property  shall also contain pertinent information concerning
the size, use, and zoning of the property. The value of  real
property  shall be determined by a State licensed real estate
appraiser.  The  appraisal  shall  be  available  for  public
inspection.   The  resolution  may  direct  the  sale  to  be
conducted  by  the  staff  of the township or by listing with
local licensed real estate agencies (in which case the  terms
of   the  agent's  compensation  shall  be  included  in  the
resolution).
    When a township sells township or road district  personal
property  valued for sale at $2,500 or less $200 or less, the
electors are not required to adopt a  resolution.   Prior  to
the sale, the clerk shall prepare a notice stating the intent
of  the  township  or road district to sell personal property
with a sale  value  of  $2,500  or  less  $200  or  less  and
describing the property in full.
    The  clerk  shall  thereafter  publish  the resolution or
personal property sale notice once in a  newspaper  published
in  the  township  or,  if  no  newspaper is published in the
township,  in  a  newspaper  generally  circulated   in   the
township.   If  no  newspaper  is generally circulated in the
township, the clerk shall post  the  resolution  or  personal
property  sale  notice  in 5 of the most public places in the
township.   In  addition   to   the   foregoing   publication
requirements, the clerk shall post the resolution or personal
property  sale  notice  at  the  office  of  the township (if
township property is involved) or at the office of  the  road
district  (if  road  district  property  is  involved).   The
following  information  shall be published or posted with the
resolution or personal property sale notice: (i) the date  by
which  all  bids  must  be  received  by the township or road
district, which shall not be less than 30 days after the date
of publication or posting, and (ii) the place, time, and date
at which bids shall be opened, which shall be  at  a  regular
meeting of the township board.
    All  bids  shall  be opened by the clerk (or someone duly
appointed to act for the clerk) at the regular meeting of the
township board described in  the  notice.   With  respect  to
township  personal  property, except personal property valued
for sale at $2,500 or less $200 or less, the  township  board
may  accept the high bid or any other bid determined to be in
the best interests of the township by a majority vote of  the
board.   With respect to township real property, the township
board may accept the high bid or any other bid determined  to
be  in  the  best  interests  of  the  township  by a vote of
three-fourths of the township board then holding office,  but
in  no event at a price less than 80% of the appraised value.
With respect  to  road  district  property,  except  personal
property  valued for sale at $2,500 or less $200 or less, the
highway commissioner may accept the high bid or any other bid
determined to be in the best interests of the road  district.
In  each  case, the township board or commissioner may reject
any and all bids.  With respect to township or road  district
personal  property  valued for sale at $2,500 or less $200 or
less, the clerk shall accept at least 2 bids and the township
board or highway commissioner shall accept the  highest  bid.
This  notice  and  competitive bidding procedure shall not be
followed when property  is  leased  to  another  governmental
body.  The notice and competitive bidding procedure shall not
be followed when property is declared surplus by the electors
and sold to another governmental body.
    (e)  A trade-in of  machinery  or  equipment  on  new  or
different machinery or equipment does not constitute the sale
of township or road district property.
(Source: P.A.  89-100,  eff.  7-7-95;  89-331,  eff. 8-17-95;
89-626, eff. 8-9-96; 90-751, eff. 1-1-99.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.