093_HB2818eng

 
HB2818 Engrossed                     LRB093 08193 MKM 08400 b

 1        AN ACT in relation to townships.

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

 4        Section 5.  The Township  Code  is  amended  by  changing
 5    Sections 85-10, 140-5, and 240-5 as follows:

 6        (60 ILCS 1/85-10)
 7        Sec. 85-10.  Township corporate powers.
 8        (a)  Every   township   has  the  corporate  capacity  to
 9    exercise the powers granted to it,  or  necessarily  implied,
10    and  no  others.  Every  township has the powers specified in
11    this Section.
12        (b)  A township may sue and be sued.
13        (c)  A  township  may  acquire  (by  purchase,  gift,  or
14    legacy) and hold property, both real and  personal,  for  the
15    use of its inhabitants and may sell and convey that property.
16    A  township may purchase any real estate or personal property
17    for public purposes under contracts providing for payment  in
18    installments  over a period of time of not more than 20 years
19    in the case of real estate and not more than 10 years in  the
20    case  of  personal  property.  A  township  may  finance  the
21    purchase  of  any real estate or personal property for public
22    purpose under finance  contracts  providing  for  payment  in
23    installments  over a period of time of not more than 20 years
24    in the case of real estate and not more than 10 years in  the
25    case  of  personal  property.  A  township  may  construct  a
26    township  hall  under  contracts providing for payment over a
27    period of time of not more than 10 5 years. The  interest  on
28    the  unpaid  balance  shall  not exceed that permitted in the
29    Bond Authorization Act.
30        (d)  A township may make all contracts necessary  in  the
31    exercise of the township's powers.
 
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 1        (e)  A   township   may   expend   or  contract  for  the
 2    expenditure of  any  federal  funds  made  available  to  the
 3    township  by law for any purpose for which taxes imposed upon
 4    township property or property  within  the  township  may  be
 5    expended.
 6        (f)  A  township  may  acquire  (singly or jointly with a
 7    municipality or municipalities) land or any interest in  land
 8    located within its township limits.  The township may acquire
 9    the land or interest by gift, purchase, or otherwise, but not
10    by  condemnation.  A township may (singly or jointly) improve
11    or arrange for the improvement of the land for industrial  or
12    commercial purposes and may donate and  convey  the  land  or
13    interest  in land so acquired and so improved to the Illinois
14    Development Finance Authority.
15        (g)  (Blank)
16        (h)  It is the policy  of  this  State  that  all  powers
17    granted  either expressly or by necessary implication by this
18    Code,  any  other   Illinois   statute,   or   the   Illinois
19    Constitution to townships may be exercised by those townships
20    notwithstanding  effects  on competition. It is the intention
21    of the General Assembly that the "State action exemption"  to
22    the  application  of  federal  antitrust  statutes  be  fully
23    available  to  townships  to  the extent their activities are
24    authorized by law as stated in this Code.
25        (i)  A township  may  receive  funds  under  the  federal
26    Housing  and Community Development Act of 1974 and may expend
27    or contract for the expenditure  of  those  funds  and  other
28    township funds for the activities specified in Section 105 of
29    that  Act.   The powers granted under this subsection (i) are
30    in addition to powers otherwise possessed by a  township  and
31    shall not be construed as a limitation of those other powers.
32        (j)  A   township   may  establish  reasonable  fees  for
33    recreation  and  instructional  programs  sponsored  by   the
34    township.
 
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 1    (Source: P.A.  88-62; incorporates 88-356 and 88-360; 88-670,
 2    eff. 12-2-94; 89-331, eff. 8-17-95.)

 3        (60 ILCS 1/140-5)
 4        Sec. 140-5.  Petition and referendum for township hall.
 5        (a)  Whenever it is desired to build, purchase, or lease,
 6    for a longer period than 10  5  years,  a  township  hall,  a
 7    multi-purpose  senior center, or a combined township hall and
 8    multi-purpose senior center in  any  township,  at  least  25
 9    electors  of  the  township  may,  before  the time of giving
10    notice of the annual township meeting, file with the township
11    clerk a petition in writing that the proposition of building,
12    purchasing, or  leasing  a  township  hall,  a  multi-purpose
13    senior   center,   or   a   combination   township  hall  and
14    multi-purpose  senior  center  and  issuing  bonds  for   the
15    building,  purchase,  or  lease be submitted to the voters of
16    the township at the  next  ensuing  general  election.    The
17    proposition   shall   be   clearly  stated  in  the  petition
18    substantially as follows: "Shall (name  of  township)  borrow
19    $(amount)  to  ( build, purchase, or lease) a (township hall,
20    multi-purpose senior  center,  or  combination  multi-purpose
21    township  hall  and  senior  center)  and issue bonds for the
22    (building, purchase, or lease)?" The petition shall be  filed
23    in the office of the township clerk.
24        (b)  The  township clerk shall certify the proposition to
25    the  proper  election  officials,  who   shall   submit   the
26    proposition  to  the  legal  voters  of  the  township  at an
27    election in accordance with the  general  election  law.  The
28    form of the proposition shall be substantially as follows:
29             Shall  (name  of  township)  borrow  $(amount)  to (
30        build,   purchase,   or   lease)   a   (township    hall,
31        multi-purpose senior center, or combination township hall
32        and  multi-purpose senior center) and issue bonds for the
33        (building, purchase, or lease)?
 
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 1    The votes shall be recorded as "Yes" or "No".
 2    (Source: P.A. 87-1254; 88-62.)

 3        (60 ILCS 1/240-5)
 4        Sec. 240-5.  Borrowing  money.  The  township  board  may
 5    borrow  money  (i)  from any bank or financial institution if
 6    the money is to be repaid within 10 years from the time it is
 7    borrowed  or  (ii),  with  the  approval   of   the   highway
 8    commissioner,  from  a  township  road  district fund, if the
 9    money is to be repaid within one year from  the  time  it  is
10    borrowed.   "Financial institution" means any bank subject to
11    the Illinois Banking Act, any savings  and  loan  association
12    subject to the Illinois Savings and Loan Act of 1985, and any
13    federally  chartered  commercial  bank  or  savings  and loan
14    association organized and operated in this  State  under  the
15    laws of the United States.
16    (Source: P.A. 86-1179; 88-62.)

17        Section  10.   The  Illinois  Highway  Code is amended by
18    changing Section 6-107.1 as follows:

19        (605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
20        Sec. 6-107.1.  Road districts may borrow money  from  any
21    bank  or  other  financial institution or, in a township road
22    district and with the approval of the town board of trustees,
23    from the town fund,  provided  such  money  shall  be  repaid
24    within 10 years one year from the time the money is borrowed.
25    "Financial   institution"  means  any  bank  subject  to  the
26    Illinois  Banking  Act,  any  savings  and  loan  association
27    subject to the Illinois Savings and Loan Act of 1985, and any
28    federally chartered  commercial  bank  or  savings  and  loan
29    association  organized and operated in this State pursuant to
30    the laws of the United States.
31    (Source: P.A. 85-514; 86-1179.)
 
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.