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Public Act 095-0909 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section | ||||
30-50 as follows:
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(60 ILCS 1/30-50)
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Sec. 30-50. Purchase and use of property.
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(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 or lease 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 , or for up to 25 years if the lease is | ||||
for a wireless telecommunications tower, 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.
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(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
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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
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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.
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(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.
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(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, 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
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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
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resolution).
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When a township sells
township or road district personal | ||
property valued for sale at $2,500 or
less,
the electors are | ||
not required to adopt a resolution. Prior to the sale, the
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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 and
describing the property in full.
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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
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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
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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.
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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
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for sale at $2,500 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
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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, 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, the clerk
shall accept at least 2
bids and | ||
the township board or highway commissioner shall accept the
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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
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surplus by the electors and sold to another governmental body.
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(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.
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(Source: P.A. 93-424, eff. 8-5-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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