Illinois General Assembly - Full Text of Public Act 094-0622
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Public Act 094-0622


 

Public Act 0622 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0622
 
HB2613 Enrolled LRB094 10976 AJO 41576 b

    AN ACT concerning local government.
 
    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
Sections 115-10, 115-20, 120-10, 125-10, and 125-15 and by
adding Section 125-12 as follows:
 
    (60 ILCS 1/115-10)
    Sec. 115-10. Open space plan; petition.
    (a) A board desiring to enter upon an open space program
may do so only after adoption of an open space plan under
Section 115-15. The board shall commence preparation of an open
space plan under that Section only upon the filing with the
township clerk of a petition signed by not less than 5% or 50,
whichever is greater, of the registered voters of the township
(according to the voting registration records at the time the
petition is filed) recommending that the board commence
preparation of an open space plan. Within 5 business days after
the filing of the petition, the township clerk shall provide
public notice of the existence of the filed petition in the
same manner as notices of meetings of the township board are
provided. A hearing shall be conducted no less than 30 days
after the filing of the petition to determine the validity of
the petition, which may be challenged in accordance with the
general election law.
    (b) A proposed open space plan shall (i) identify all open
land within the township that the board deems necessary to
acquire in order to accomplish the purposes of the open space
program; (ii) state the ways in which the acquisition of open
land will further open space purposes; (iii) state the
estimated costs of implementing the proposed plan; (iv) state
the approximate tax, per $100 of assessed value, that will be
levied to provide the necessary funds for implementing the
proposed plan; (v) state the estimated timetable for
implementing the proposed plan; and (vi) establish standards
and procedures for establishing priorities for the acquisition
of parcels identified in the plan.
(Source: P.A. 85-1140; 88-62.)
 
    (60 ILCS 1/115-20)
    Sec. 115-20. Referendum on recommended plan; petition.
    (a) If the board recommends adoption of the open space
plan, or if a subsequent petition is filed by not less than 5%
or 50, whichever is greater, of the registered voters of the
township (according to the voting registration records at the
time the petition is filed) recommending adoption of the open
space plan, then the Board, within 30 days of making of the
recommendation or the approval filing of the petition, shall
file a petition with the township clerk, requesting the clerk
to submit to the voters of the township the question of whether
the township shall adopt the open space plan and enter upon an
open space program, with the power to acquire open land by
purchase, condemnation (except townships in counties having a
population of more than 150,000 but not more than 250,000), or
otherwise in the township and with the power to issue bonds for
those purposes under this Article. Approval of a petition
recommending adoption of the open space plan shall be given if
the petition is determined to be valid following public notice
and a hearing consistent with the requirements of Section
115-10 for the initial petition. The total amount of bonds to
be issued under this Section may not exceed 5% of the valuation
of all taxable property in the township and shall be set forth
in the question as a dollar amount. The township clerk shall
certify that proposition to the proper election officials, who
shall submit the proposition to the township voters at the next
regular election. The referendum shall be conducted and notice
given in accordance with the general election law.
    (b) The question submitted to the voters at the election
shall be in substantially the following form:
        Shall (name of township) adopt the open space plan
    considered at the public hearing on (date) and enter upon
    an open space program, and shall the Township Board have
    the power (i) to acquire open land by purchase (insert ",
    condemnation," if the township is in a county having a
    population of more than 250,000) or otherwise, (ii) to
    issue bonds for open space purposes in an amount not
    exceeding $(amount), and (iii) to levy a tax to pay the
    principal of and interest on those bonds, as provided in
    Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
    (c) If a majority of the voters voting at the election on
the question vote in favor of the question, the township shall
thereafter adopt the open space plan recommended by the board
or by the petition of the registered voters of the township and
shall enter upon an open space program under this Article. If
the proposition does not receive the approval of a majority of
the voters voting at the election on the question, no
proposition may be submitted to the voters under this Section
less than 23 months after the date of the election.
    (d) If a majority of the legal voters voting at referendum
in any township approved a proposition at the consolidated
election in 2001 in reliance upon and consistent with this
Section 115-20 as it existed prior to the effective date of
Public Act 91-847, then that referendum and all actions taken
in reliance thereon are hereby validated and are legally
binding in all respects.
(Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00; 92-6,
eff. 6-7-01.)
 
    (60 ILCS 1/120-10)
    Sec. 120-10. Method of acquiring land. A township desiring
to procure lands for park purposes under this Article may
purchase the lands from the owner or owners or, in the
discretion of the township board, may acquire the lands by the
exercise of the power of eminent domain in the manner provided
by the laws of this State for taking or damaging private
property for public purposes. A township may not utilize
eminent domain powers with respect to lands located within the
boundaries of a municipality that is served by a municipal
recreation department, or a park district.
(Source: Laws 1915, p. 724; P.A. 88-62.)
 
    (60 ILCS 1/125-10)
    Sec. 125-10. Petition and referendum.
    (a) Legal One hundred legal voters of a township numbering
no less than 5% or 50, whichever is greater, of the registered
voters of the township, may file a petition in writing in the
office of the circuit clerk in the county in which the township
is located, with a copy of such petition required to be filed
on the same day with the township clerk, asking that a
referendum be held to authorize the issuance of bonds for the
purpose of providing funds for the purchase and improvement of
one or more public parks in the township. The petition shall
designate the amount of bonds proposed to be issued for the
acquirement and improvement of the parks. Within 5 business
days after the filing of the petition, the township clerk shall
provide public notice of the existence of the filed petition in
the same manner as notices of meetings of the township board
are provided. After a hearing conducted no less than 30 days
after the filing of the petition, at which time the validity of
the petition may be challenged in accordance with the general
election law Upon the filing of the petition, the circuit
court, if it determines that the petition conforms with the
requirements of the law, shall certify the question to the
proper election officials, who shall submit the question at an
election to the legally qualified voters of the township. The
court shall designate the election at which the question shall
be submitted. The notice of the referendum shall state the
amount of bonds proposed to be issued and identify any specific
park acquisition or improvement projects intended to be
supported by the bond proceeds, and the notice shall be given
and the referendum conducted in accordance with the general
election law.
    (b) The proposition at the referendum shall be in
substantially in one of the following forms form:
Form A

 
        Shall (name of township) be authorized to issue park
    bonds to the amount of $(amount) for the purpose of
    procuring and improving one or more small parks?
 
Form B

 
        Shall (name of township) be authorized to issue park
    bonds to the amount of $ (amount) for the purpose of
    (identify specific park acquisition or improvement
    projects)?
 
The votes shall be recorded as "Yes" or "No".
    (c) If a majority of the votes cast upon the proposition
are in favor of the issuance of bonds, the township supervisor
and township clerk shall issue the bonds of the township not
exceeding the amount voted upon at the township election. The
bonds shall become due not more than 20 years after their date,
shall be in denominations of $100 or any multiple of $100, and
shall bear interest, evidenced by coupons, at the rate of not
exceeding 5% per annum, payable semiannually.
(Source: Laws 1915, p. 722; P.A. 81-1489; 88-62.)
 
    (60 ILCS 1/125-12 new)
    Sec. 125-12. Public hearing following referendum approval.
    (a) Before the bonds shall be sold, the township board
shall hold at least one public hearing on the subject of how
the bond proceeds may be spent. In addition to providing no
less than 15 days' advance public notice of such hearing in a
manner consistent with meetings of the township board, notice
of such public hearing shall be provided to all municipalities
and park districts located within the township. All interested
residents and local government officials within the township
shall be afforded an opportunity to be heard during the public
hearing.
    (b) When Form A of the referendum question is used, the
township shall consider all legitimate park acquisition and
improvement projects that are submitted in connection with the
public hearing. When Form B of the referendum question is used,
the township shall consider only those park acquisition and
improvement projects that were identified in the question.
 
    (60 ILCS 1/125-15)
    Sec. 125-15. Supervisor's and clerk's certificate; tax;
board of park commissioners.
    (a) The bonds shall be sold, and the proceeds shall be
used, solely for the purpose of procuring and improving one or
more parks in the township; specifically, the bond proceeds may
be used in connection with one or more acquisition projects,
one or more improvement projects, or a combination thereof. The
bond proceeds may be used to support projects at parks operated
by the township or, through grants or intergovernmental
agreements, at parks operated by a municipality or park
district. At or before the time of the delivery of the bonds
for value, the township supervisor and township clerk shall
file with the county clerk of the county in which the township
is situated their certificate in writing, under their
signatures, stating the amount of bonds to be issued, their
denomination, and the rate of interest and where payable. The
certificate shall include a form of the bond to be issued.
    (b) The supervisor and clerk shall levy a direct annual tax
upon all the taxable property in the township sufficient to pay
the principal and interest of the bonds as and when they
respectively mature. The certificate filed with the county
clerk is full and complete authority to the county clerk to
extend the tax named in the certificate upon all the taxable
property in the township. The tax is in addition to all other
taxes authorized by law.
    (c) If there is a board of park commissioners invested by
law with control over any park that lies wholly or in part in
the township, the duties required of the supervisor and clerk
by this Section and subsection (c) of Section 125-10 shall be
performed by the board of park commissioners or under its
authority.
(Source: P.A. 84-550; 88-62.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2005