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Public Act 093-0743
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| HB4026 Enrolled |
LRB093 15637 MKM 41245 b |
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AN ACT in relation to townships.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Township Code is amended by changing
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Sections 85-10, 140-5, and 240-5 as follows:
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(60 ILCS 1/85-10)
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Sec. 85-10. Township corporate powers.
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(a) Every township has the corporate capacity to exercise |
the
powers granted to it, or necessarily implied, and no
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others. Every township has the powers specified in this |
Section.
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(b) A township may sue and be sued.
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(c) A township may acquire (by purchase, gift, or legacy) |
and hold property,
both real and personal, for the use of its |
inhabitants and may sell and
convey that property. A township |
may purchase any real estate or personal
property for public |
purposes under contracts providing for payment in
installments |
over a period of time of not more than 20 years in the case of
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real estate and not more than 10 years in the case of personal |
property.
A township may finance the purchase of any real |
estate or personal property
for public purpose under finance |
contracts providing for payment in
installments over a period |
of time of not more than 20 years in the case of
real estate and |
not more than 10 years in the case of personal property.
A |
township may construct a township hall under contracts |
providing for payment
over a period of time of not more than 10
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5 years. The interest on the unpaid
balance shall not exceed |
that permitted in the Bond Authorization Act.
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(d) A township may make all contracts necessary in the |
exercise of the
township's powers.
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(e) A township may expend or contract for the expenditure |
of any federal
funds made available to the township by law for |
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any purpose for which taxes
imposed upon township property or |
property within the township may be expended.
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(f) A township may acquire (singly or jointly with a |
municipality or
municipalities) land or any interest in land |
located within its township
limits. The township may acquire |
the land or interest by gift, purchase, or
otherwise, but not |
by condemnation. A township may (singly or jointly) improve
or |
arrange for the improvement of the land for industrial or |
commercial
purposes and may donate and convey the land or |
interest in land so acquired
and so improved to the Illinois |
Finance Authority.
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(g) (Blank)
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(h) It is the policy of this State that all powers granted |
either expressly
or by necessary implication by this Code, any |
other Illinois statute, or the
Illinois Constitution to |
townships may be exercised by those
townships notwithstanding |
effects on competition. It is the intention of the
General |
Assembly that the "State action exemption" to the application |
of
federal antitrust statutes be fully available to townships |
to the extent
their activities are authorized by law as stated |
in this Code.
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(i) A township may receive funds under the federal Housing |
and
Community Development Act of 1974 and may expend or |
contract for the
expenditure of those funds and other township |
funds for the
activities specified in Section 105 of that Act. |
The powers granted under this
subsection (i) are in addition to |
powers otherwise possessed by a township and
shall not be |
construed as a limitation of those other powers.
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(j) A township may establish reasonable fees for recreation |
and
instructional programs sponsored by the township.
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(Source: P.A. 93-205, eff. 1-1-04.)
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(60 ILCS 1/140-5)
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Sec. 140-5. Petition and referendum for township hall.
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(a) Whenever it is desired to build, purchase, or lease, for a |
longer period
than 10
5 years, a township hall, a multi-purpose |
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senior center, or a
combined
township hall and multi-purpose |
senior center in any township, at least 25
electors of the |
township may, before the time of giving notice of the annual
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township meeting, file with the township clerk a petition in |
writing that the
proposition of building, purchasing, or |
leasing a township hall, a
multi-purpose senior center, or a |
combination township hall and multi-purpose
senior center and |
issuing bonds for the building, purchase, or lease be
submitted |
to the voters of the township at the next ensuing general |
election.
The proposition shall be clearly stated in the |
petition substantially as
follows: "Shall (name of township) |
borrow $(amount) to (build, purchase, or
lease) a (township |
hall, multi-purpose senior center, or combination
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multi-purpose township hall and senior center) and issue bonds |
for the
(building, purchase, or lease)?" The petition shall be |
filed in the office of
the township clerk.
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(b) The township clerk shall certify the proposition to the |
proper election
officials, who shall submit the proposition to |
the legal voters of the township
at an election in accordance |
with the general election law. The form of the
proposition |
shall be substantially as follows:
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Shall (name of township) borrow $(amount) to (build, |
purchase, or lease) a
(township hall, multi-purpose senior |
center, or combination township hall and
multi-purpose |
senior center) and issue bonds for the (building, purchase, |
or
lease)?
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The votes shall be recorded as "Yes" or "No".
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(Source: P.A. 87-1254; 88-62.)
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(60 ILCS 1/240-5)
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Sec. 240-5. Borrowing money. The township board may borrow |
money (i)
from any
bank or financial institution if the money |
is to be repaid within 10 years
from the time it is borrowed or |
(ii) , with the approval of the
highway
commissioner, from a |
township
road district fund, if the money is
to be repaid |
within one year from the time it is borrowed.
"Financial
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institution" means any bank subject to the Illinois Banking |
Act, any savings
and loan association subject to the Illinois |
Savings and Loan Act of 1985,
and any federally chartered |
commercial bank or savings and loan association
organized and |
operated in this State under the laws of the United States.
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(Source: P.A. 86-1179; 88-62.)
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Section 10. The Illinois Highway Code is amended by |
changing Section 6-107.1
as follows:
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(605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
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Sec. 6-107.1. Road districts may borrow money from any bank |
or other
financial institution or, in a township road district |
and with the approval
of the town board of trustees, from the |
town fund, provided such money
shall be repaid within 10 years
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one year from the time the money is
borrowed.
"Financial |
institution" means any bank subject to the Illinois Banking |
Act,
any savings and loan association subject to the Illinois |
Savings and Loan
Act of 1985, and any federally chartered |
commercial bank or savings and
loan association organized and |
operated in this State pursuant to the laws
of the United |
States.
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(Source: P.A. 85-514; 86-1179.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |