State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Senate Amendment 001 ]

91_SB1302eng

 
SB1302 Engrossed                               SRS91S0062NCch

 1        AN  ACT  to  amend the Township Code by changing Sections
 2    115-20 and 115-105.

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

 5        Section  5.   The  Township  Code  is amended by changing
 6    Sections 115-20 and 115-105 as follows:

 7        (60 ILCS 1/115-20)
 8        Sec. 115-20.  Referendum on recommended plan; petition.
 9        (a)  If the board recommends adoption of the  open  space
10    plan,  or  if  a petition is filed by not less than 5% or 50,
11    whichever  is  greater,  of  the  registered  voters  of  the
12    township (according to the voting registration records at the
13    time the petition is filed) recommending adoption of the open
14    space plan, then the Board, within 30 days of making  of  the
15    recommendation  or  the  filing of the petition, shall file a
16    petition with the township clerk,  requesting  the  clerk  to
17    submit  to the voters of the township the question of whether
18    the township shall adopt the open space plan and  enter  upon
19    an open space program, with the power to acquire open land by
20    purchase, condemnation (except townships in counties having a
21    population  of  more than 150,000 but not more than 250,000),
22    or otherwise in the township and  with  the  power  to  issue
23    bonds for those purposes under this Article. The total amount
24    of bonds to be issued under this Section may not exceed 5% of
25    the  valuation  of  all  taxable property in the township and
26    shall be set forth in the question as a  dollar  amount.  The
27    township  clerk  shall certify that proposition to the proper
28    election officials, who shall submit the proposition  to  the
29    township voters at the next regular election.  The referendum
30    shall  be  conducted  and notice given in accordance with the
31    general election law.
 
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 1        (b)  The question submitted to the voters at the election
 2    shall be in substantially the following form:
 3             Shall (name of township) adopt the open  space  plan
 4        considered at the public hearing on (date) and enter upon
 5        an  open space program, and shall the Township Board have
 6        the power (i) to acquire open land by purchase (insert ",
 7        condemnation," if the township is in a  county  having  a
 8        population  of  more  than 250,000) or otherwise, (ii) to
 9        issue bonds for open space  purposes  in  an  amount  not
10        exceeding  $(amount)  5%  of the valuation of all taxable
11        property in the township, and (iii) to levy a tax to  pay
12        the principal of and interest on those bonds, as provided
13        in Article 115 of the Township Code?
14    The votes shall be recorded as "Yes" or "No".
15        (c)  If  a  majority of the voters voting at the election
16    on the question vote in favor of the question,  the  township
17    shall thereafter adopt the open space plan recommended by the
18    board  or  by  the  petition  of the registered voters of the
19    township and shall enter upon an  open  space  program  under
20    this  Article.  If  the  proposition  does  not  receive  the
21    approval  of  a majority of the voters voting at the election
22    on the question, no  proposition  may  be  submitted  to  the
23    voters  under this Section less than 23 months after the date
24    of the election.
25    (Source: P.A. 91-641, eff. 8-20-99.)

26        (60 ILCS 1/115-105)
27        Sec. 115-105.   Borrowing  money;  bonds.   The  township
28    board may borrow money and issue bonds, after referendum, for
29    the  purpose  of  acquiring,  developing,  rehabilitating and
30    renovating open lands for open space purposes, as defined  in
31    Section  115-5,  pursuant to an open space program adopted as
32    provided in this Article, in and  for  the  township  in  any
33    amount  not  to  exceed  5% 5.75% on the valuation of taxable
 
SB1302 Engrossed            -3-                SRS91S0062NCch
 1    property in the township,  to  be  ascertained  by  the  last
 2    assessment  for  State  and  county  taxes  previous  to  the
 3    incurring  of such indebtedness or, until January 1, 1983, if
 4    greater,  the  sum  that  is  produced  by  multiplying   the
 5    township's  1978  equalized  assessed  valuation  by the debt
 6    limitation percentage on January 1, 1979.
 7        Whenever the board desires  to  issue  bonds  under  this
 8    Article,  or  whenever the board receives a petition from not
 9    less than 5% or 50, whichever is greater, of  the  registered
10    voters  of the township, according to the voting registration
11    records at the time the petition  is  filed,  requesting  the
12    board   to   issue  bonds  under  this  Article,  the  board,
13    concurrently with the filing of a petition with the  township
14    clerk  requesting him to submit to the voters of the township
15    at the next election the question of whether or not to  adopt
16    an  open  space  plan  and  enter upon an open space program,
17    shall  certify  that  proposition  to  the  proper   election
18    officials  who  shall submit to the voters of the township at
19    the next election the question of whether or  not  the  board
20    shall  issue  bonds  to  finance  an  open  space program and
21    provide for the levy and collection of a  direct  annual  tax
22    upon  all  taxable  property  within the township to meet the
23    principal and interest on the bonds as they mature, which tax
24    shall be in addition to  and  in  excess  of  any  other  tax
25    authorized  to be levied by the township. The amount of bonds
26    to be issued under this Section shall be  set  forth  in  the
27    question  as a dollar amount. The election shall be conducted
28    and notice given in accordance with the general election law.
29    The question submitted to the voters at the election shall be
30    in substantially the following form:
31             Shall (name of township) issue bonds to finance  the
32        acquisition, maintenance, development, rehabilitation and
33        renovation of open space lands for open space purposes as
34        provided  by  the  Township  Open  Space  Article  of the
 
SB1302 Engrossed            -4-                SRS91S0062NCch
 1        Township Code and levy and  collect  property  taxes,  in
 2        excess  of  any  other tax authorized to be levied by the
 3        township, sufficient to meet the principal  and  interest
 4        on  the  bonds  as  they  mature, but not in an amount in
 5        excess of $(amount) 5.75% on  the  valuation  of  taxable
 6        property in the township?
 7        The votes shall be recorded as "Yes" or "No".
 8        If  a  majority of the voters voting on the question vote
 9    in favor of the question, the  board  shall  issue  bonds  as
10    provided  in  this  Article  provided  such  bonds are issued
11    within 6 months after  the  voters  vote  favorably  on  such
12    question.   If such proposition does not receive the approval
13    of a majority of the voters voting at  the  election  on  the
14    question,  no  proposition  may  be  submitted to such voters
15    pursuant to this Section less than 23 months after  the  date
16    of such election.
17        The  board  shall then adopt a resolution authorizing the
18    issuance of such bonds, prescribing all the details  thereof,
19    and  stating the time or times when the principal thereof and
20    the interest on the bonds become payable, and  the  place  of
21    payment  thereof.  The bonds must, however, be payable within
22    not less than 3 nor more than 40 years from date thereof, and
23    be issued to bear interest at not to exceed the maximum  rate
24    authorized  by  the Bond Authorization Act, as amended at the
25    time of the making of the contract.  Such a resolution  shall
26    provide  for  the  levy and collection of a direct annual tax
27    upon all the taxable property within the corporate limits  of
28    such  township  sufficient  to  meet  the  principal  of  and
29    interest  on  the bonds as they mature, which tax shall be in
30    addition to and in excess of any other tax authorized  to  be
31    levied by the township.
32        A  certified  copy  of  the  resolution providing for the
33    issuance of any such bonds shall be  filed  with  the  county
34    clerk  of  the  county  in  which the township is located and
 
SB1302 Engrossed            -5-                SRS91S0062NCch
 1    constitutes the basis and authority of the county  clerk  for
 2    the  extension and collection of the tax necessary to pay the
 3    principal of and interest upon the  bonds  issued  under  the
 4    resolution.
 5        With  respect  to  instruments  for  the payment of money
 6    issued under this Section either before,  on,  or  after  the
 7    effective  date  of  Public  Act 86-004, it is and always has
 8    been the intention of  the  General  Assembly  (i)  that  the
 9    Omnibus  Bond  Acts  are  and  always have been supplementary
10    grants of power to issue instruments in accordance  with  the
11    Omnibus  Bond  Acts,  regardless  of  any  provision  of this
12    Article  that  may  appear  to  be  or  to  have  been   more
13    restrictive than those Acts, (ii) that the provisions of this
14    Section  are  not a limitation on the supplementary authority
15    granted by the Omnibus Bonds Acts, and (iii) that instruments
16    issued under this Section within the supplementary  authority
17    granted  by  the Omnibus Bond Acts are not invalid because of
18    any provision of this Article that may appear  to  be  or  to
19    have been more restrictive than those Acts.
20    (Source: P.A. 88-670, eff. 12-2-94.)

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

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