State of Illinois
91st General Assembly
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Public Act 91-0847

HB3188 Enrolled                                LRB9109491MWcs

    AN ACT to amend the Township Code  by  changing  Sections
115-20 and 115-105.

    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 115-20 and 115-105 as follows:

    (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 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 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. 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) 5% of the valuation  of  all  taxable
    property  in the township, 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.
(Source: P.A. 91-641, eff. 8-20-99.)

    (60 ILCS 1/115-105)
    Sec.  115-105.   Borrowing  money;  bonds.   The township
board may borrow money and issue bonds, after referendum, for
the purpose  of  acquiring,  developing,  rehabilitating  and
renovating  open lands for open space purposes, as defined in
Section 115-5, pursuant to an open space program  adopted  as
provided  in  this  Article,  in  and for the township in any
amount not to exceed 5% 5.75% on  the  valuation  of  taxable
property  in  the  township,  to  be  ascertained by the last
assessment  for  State  and  county  taxes  previous  to  the
incurring of such indebtedness or, until January 1, 1983,  if
greater,   the  sum  that  is  produced  by  multiplying  the
township's 1978 equalized  assessed  valuation  by  the  debt
limitation percentage on January 1, 1979.
    Whenever  the  board  desires  to  issue bonds under this
Article, or whenever the board receives a petition  from  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, requesting the
board  to  issue  bonds  under  this  Article,   the   board,
concurrently  with the filing of a petition with the township
clerk requesting him to submit to the voters of the  township
at  the next election the question of whether or not to adopt
an open space plan and enter  upon  an  open  space  program,
shall   certify  that  proposition  to  the  proper  election
officials who shall submit to the voters of the  township  at
the  next  election  the question of whether or not the board
shall issue bonds  to  finance  an  open  space  program  and
provide  for  the  levy and collection of a direct annual tax
upon all taxable property within the  township  to  meet  the
principal and interest on the bonds as they mature, which tax
shall  be  in  addition  to  and  in  excess of any other tax
authorized to be levied by the township. The amount of  bonds
to  be  issued  under  this Section shall be set forth in the
question as a  dollar amount. The election shall be conducted
and notice given in accordance with the general election law.
The question submitted to the voters at the election shall be
in substantially the following form:
         Shall (name of township) issue bonds to finance  the
    acquisition, maintenance, development, rehabilitation and
    renovation of open space lands for open space purposes as
    provided  by  the  Township  Open  Space  Article  of the
    Township Code and levy and  collect  property  taxes,  in
    excess  of  any  other tax authorized to be levied by the
    township, sufficient to meet the principal  and  interest
    on  the  bonds  as  they  mature, but not in an amount in
    excess of $(amount) 5.75% on  the  valuation  of  taxable
    property in the township?
    The votes shall be recorded as "Yes" or "No".
    If  a  majority of the voters voting on the question vote
in favor of the question, the  board  shall  issue  bonds  as
provided  in  this  Article  provided  such  bonds are issued
within 6 months after  the  voters  vote  favorably  on  such
question.   If such 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 such voters
pursuant to this Section less than 23 months after  the  date
of such election.
    The  board  shall then adopt a resolution authorizing the
issuance of such bonds, prescribing all the details  thereof,
and  stating the time or times when the principal thereof and
the interest on the bonds become payable, and  the  place  of
payment  thereof.  The bonds must, however, be payable within
not less than 3 nor more than 40 years from date thereof, and
be issued to bear interest at not to exceed the maximum  rate
authorized  by  the Bond Authorization Act, as amended at the
time of the making of the contract.  Such a resolution  shall
provide  for  the  levy and collection of a direct annual tax
upon all the taxable property within the corporate limits  of
such  township  sufficient  to  meet  the  principal  of  and
interest  on  the bonds as they mature, which tax shall be in
addition to and in excess of any other tax authorized  to  be
levied by the township.
    A  certified  copy  of  the  resolution providing for the
issuance of any such bonds shall be  filed  with  the  county
clerk  of  the  county  in  which the township is located and
constitutes the basis and authority of the county  clerk  for
the  extension and collection of the tax necessary to pay the
principal of and interest upon the  bonds  issued  under  the
resolution.
    With  respect  to  instruments  for  the payment of money
issued under this Section either before,  on,  or  after  the
effective  date  of  Public  Act 86-004, it is and always has
been the intention of  the  General  Assembly  (i)  that  the
Omnibus  Bond  Acts  are  and  always have been supplementary
grants of power to issue instruments in accordance  with  the
Omnibus  Bond  Acts,  regardless  of  any  provision  of this
Article  that  may  appear  to  be  or  to  have  been   more
restrictive than those Acts, (ii) that the provisions of this
Section  are  not a limitation on the supplementary authority
granted by the Omnibus Bonds Acts, and (iii) that instruments
issued under this Section within the supplementary  authority
granted  by  the Omnibus Bond Acts are not invalid because of
any provision of this Article that may appear  to  be  or  to
have been more restrictive than those Acts.
(Source: P.A. 88-670, eff. 12-2-94.)

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

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