HB3152 EnrolledLRB097 09035 KMW 49169 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Township Code is amended by changing Section
530-50 as follows:
6    (60 ILCS 1/30-50)
7    Sec. 30-50. Purchase and use of property.
8    (a) The electors may make all orders for the purchase,
9sale, conveyance, regulation, or use of the township's
10corporate property (including the direct sale or lease of
11single township road district property) that may be deemed
12conducive to the interests of its inhabitants, including the
13lease, for up to 10 years, or for up to 25 years if the lease is
14for a wireless telecommunications tower, at fair market value,
15of corporate property for which no use or need during the lease
16period is anticipated at the time of leasing. The property may
17be leased to another governmental body, however, or to a
18not-for-profit corporation that has contracted to construct or
19fund the construction of a structure or improvement upon the
20real estate owned by the township and that has contracted with
21the township to allow the township to use at least a portion of
22the structure or improvement to be constructed upon the real
23estate leased and not otherwise used by the township, for any



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1term not exceeding 50 years and for any consideration. In the
2case of a not-for-profit corporation, the township shall hold a
3public hearing on the proposed lease. The township clerk shall
4give notice of the hearing by publication in a newspaper
5published in the township, or in a newspaper published in the
6county and having general circulation in the township if no
7newspaper is published in the township, and by posting notices
8in at least 5 public places at least 10 days before the public
10    (b) If a new tax is to be levied or an existing tax rate is
11to be increased above the statutory limits for the purchase of
12the property, however, no action otherwise authorized in
13subsection (a) shall be taken unless a petition signed by at
14least 10% of the registered voters residing in the township is
15presented to the township clerk. If a petition is presented to
16the township clerk, the clerk shall order a referendum on the
17proposition. The referendum shall be held at the next annual or
18special township meeting or at an election in accordance with
19the general election law. If the referendum is ordered to be
20held at the township meeting, the township clerk shall give
21notice that at the next annual or special township meeting the
22proposition shall be voted upon. The notice shall set forth the
23proposition and shall be given by publication in a newspaper
24published in the township. If there is no newspaper published
25in the township, the notice shall be published in a newspaper
26published in the county and having general circulation in the



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1township. Notice also shall be given by posting notices in at
2least 5 public places at least 10 days before the township
3meeting. If the referendum is ordered to be held at an
4election, the township clerk shall certify that proposition to
5the proper election officials, who shall submit the proposition
6at an election. The proposition shall be submitted in
7accordance with the general election law.
8    (c) If the leased property is utilized in part for private
9use and in part for public use, those portions of the
10improvements devoted to private use are fully taxable. The land
11is exempt from taxation to the extent that the uses on the land
12are public and taxable to the extent that the uses are private.
13    (d) Before the township makes a lease or sale of township
14or road district real or personal property, unless the personal
15property has a sale value of $2,500 or less, the electors shall
16adopt a resolution stating the intent to lease or sell the real
17or personal property, describing the property in full, and
18stating the terms and conditions the electors deem necessary
19and desirable for the lease or sale. A resolution stating the
20intent to sell real property shall also contain pertinent
21information concerning the size, use, and zoning of the
22property. The value of real property shall be determined by a
23State licensed real estate appraiser. The appraisal shall be
24available for public inspection. The resolution may direct the
25sale to be conducted by the staff of the township or by listing
26with local licensed real estate agencies (in which case the



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1terms of the agent's compensation shall be included in the
3    Anytime during the year, the township or township road
4district may dispose of personal property by a vote of the
5township board or request of the township highway commissioner.
6When a township sells township or road district personal
7property valued for sale at $2,500 or less, the electors are
8not required to adopt a resolution. Prior to the sale, the
9clerk shall prepare a notice stating the intent of the township
10or road district to sell personal property with a sale value of
11$2,500 or less and describing the property in full.
12    The clerk shall thereafter publish the resolution or
13personal property sale notice once in a newspaper published in
14the township or, if no newspaper is published in the township,
15in a newspaper generally circulated in the township. If no
16newspaper is generally circulated in the township, the clerk
17shall post the resolution or personal property sale notice in 5
18of the most public places in the township. In addition to the
19foregoing publication requirements, the clerk shall post the
20resolution or personal property sale notice at the office of
21the township (if township property is involved) or at the
22office of the road district (if road district property is
23involved). The following information shall be published or
24posted with the resolution or personal property sale notice:
25(i) the date by which all bids must be received by the township
26or road district, which shall not be less than 30 days after



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1the date of publication or posting, and (ii) the place, time,
2and date at which bids shall be opened, which shall be at a
3regular meeting of the township board.
4    All bids shall be opened by the clerk (or someone duly
5appointed to act for the clerk) at the regular meeting of the
6township board described in the notice. With respect to
7township personal property, except personal property valued
8for sale at $2,500 or less, the township board may accept the
9high bid or any other bid determined to be in the best
10interests of the township by a majority vote of the board. With
11respect to township real property, the township board may
12accept the high bid or any other bid determined to be in the
13best interests of the township by a vote of three-fourths of
14the township board then holding office, but in no event at a
15price less than 80% of the appraised value. With respect to
16road district property, except personal property valued for
17sale at $2,500 or less, the highway commissioner may accept the
18high bid or any other bid determined to be in the best
19interests of the road district. In each case, the township
20board or commissioner may reject any and all bids. With respect
21to township or road district personal property valued for sale
22at $2,500 or less, the clerk shall accept at least 2 bids and
23the township board or highway commissioner shall accept the
24highest bid. This notice and competitive bidding procedure
25shall not be followed when property is leased to another
26governmental body. The notice and competitive bidding



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1procedure shall not be followed when property is declared
2surplus by the electors and sold to another governmental body.
3    (e) A trade-in of machinery or equipment on new or
4different machinery or equipment does not constitute the sale
5of township or road district property.
6(Source: P.A. 95-909, eff. 8-26-08.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.