093_HB1385enr

 
HB1385 Enrolled                      LRB093 05925 MKM 06022 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    Section 30-50 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,
 9    sale,  conveyance,  regulation,  or  use  of  the  township's
10    corporate property  (including  the  direct  sale  of  single
11    township road district property) that may be deemed conducive
12    to the interests of its inhabitants, including the lease, for
13    up  to  10  years at fair market value, of corporate property
14    for  which  no  use  or  need  during  the  lease  period  is
15    anticipated at the time  of  leasing.  The  property  may  be
16    leased  to  another  governmental  body,  however,  or  to  a
17    not-for-profit  corporation  that has contracted to construct
18    or fund the construction of a structure or  improvement  upon
19    the real estate owned by the township and that has contracted
20    with  the  township  to  allow the township to use at least a
21    portion of the structure or  improvement  to  be  constructed
22    upon  the  real  estate  leased and not otherwise used by the
23    township, for any term not exceeding 50  years  and  for  any
24    consideration.   In the case of a not-for-profit corporation,
25    the township shall hold a  public  hearing  on  the  proposed
26    lease.   The  township clerk shall give notice of the hearing
27    by publication in a newspaper published in the  township,  or
28    in  a  newspaper  published  in the county and having general
29    circulation in the township if no newspaper is  published  in
30    the  township,  and  by  posting notices in at least 5 public
31    places at least 10 days before the public hearing.
 
HB1385 Enrolled            -2-       LRB093 05925 MKM 06022 b
 1        (b)  If a new tax is to be levied or an existing tax rate
 2    is to  be  increased  above  the  statutory  limits  for  the
 3    purchase  of  the  property,  however,  no  action  otherwise
 4    authorized in subsection (a) shall be taken unless a petition
 5    signed  by  at least 10% of the registered voters residing in
 6    the township is  presented  to  the  township  clerk.   If  a
 7    petition  is presented to the township clerk, the clerk shall
 8    order a referendum on the proposition.  The referendum  shall
 9    be  held at the next annual or special township meeting or at
10    an election in accordance with the general election law.   If
11    the referendum is ordered to be held at the township meeting,
12    the  township clerk shall give notice that at the next annual
13    or special township meeting the proposition  shall  be  voted
14    upon.    The notice shall set forth the proposition and shall
15    be given by publication  in  a  newspaper  published  in  the
16    township. If there is no newspaper published in the township,
17    the notice shall be published in a newspaper published in the
18    county and having general circulation in the township. Notice
19    also  shall be given by posting notices in at least  5 public
20    places at least 10 days before the township meeting.  If  the
21    referendum is ordered to be held at an election, the township
22    clerk  shall  certify that proposition to the proper election
23    officials, who shall submit the proposition at  an  election.
24    The  proposition  shall  be  submitted in accordance with the
25    general election law.
26        (c)  If the leased  property  is  utilized  in  part  for
27    private use and in part for public use, those portions of the
28    improvements  devoted  to private use are fully taxable.  The
29    land is exempt from taxation to the extent that the  uses  on
30    the  land  are public and taxable to the extent that the uses
31    are private.
32        (d)  Before  the  township  makes  a  lease  or  sale  of
33    township or road district real or personal  property,  unless
34    the personal property has a sale value of $2,500 or less $200
 
HB1385 Enrolled            -3-       LRB093 05925 MKM 06022 b
 1    or  less,  the  electors shall adopt a resolution stating the
 2    intent to lease  or  sell  the  real  or  personal  property,
 3    describing  the  property  in full, and stating the terms and
 4    conditions the electors deem necessary and desirable for  the
 5    lease  or sale.  A resolution stating the intent to sell real
 6    property shall also contain pertinent information  concerning
 7    the  size, use, and zoning of the property. The value of real
 8    property shall be determined by a State licensed real  estate
 9    appraiser.    The  appraisal  shall  be  available for public
10    inspection.   The  resolution  may  direct  the  sale  to  be
11    conducted by the staff of the township  or  by  listing  with
12    local  licensed real estate agencies (in which case the terms
13    of  the  agent's  compensation  shall  be  included  in   the
14    resolution).
15        When  a township sells township or road district personal
16    property valued for sale at $2,500 or less $200 or less,  the
17    electors  are  not  required to adopt a resolution.  Prior to
18    the sale, the clerk shall prepare a notice stating the intent
19    of the township or road district to  sell  personal  property
20    with  a  sale  value  of  $2,500  or  less  $200  or less and
21    describing the property in full.
22        The clerk shall  thereafter  publish  the  resolution  or
23    personal  property  sale notice once in a newspaper published
24    in the township or, if  no  newspaper  is  published  in  the
25    township,   in   a  newspaper  generally  circulated  in  the
26    township.  If no newspaper is  generally  circulated  in  the
27    township,  the  clerk  shall  post the resolution or personal
28    property sale notice in 5 of the most public  places  in  the
29    township.    In   addition   to   the  foregoing  publication
30    requirements, the clerk shall post the resolution or personal
31    property sale notice  at  the  office  of  the  township  (if
32    township  property  is involved) or at the office of the road
33    district  (if  road  district  property  is  involved).   The
34    following information shall be published or posted  with  the
 
HB1385 Enrolled            -4-       LRB093 05925 MKM 06022 b
 1    resolution  or personal property sale notice: (i) the date by
 2    which all bids must be  received  by  the  township  or  road
 3    district, which shall not be less than 30 days after the date
 4    of publication or posting, and (ii) the place, time, and date
 5    at  which  bids  shall be opened, which shall be at a regular
 6    meeting of the township board.
 7        All bids shall be opened by the clerk  (or  someone  duly
 8    appointed to act for the clerk) at the regular meeting of the
 9    township  board  described  in  the  notice.  With respect to
10    township personal property, except personal  property  valued
11    for  sale at $2,500 or less $200 or less, the  township board
12    may accept the high bid or any other bid determined to be  in
13    the  best interests of the township by a majority vote of the
14    board.  With respect to township real property, the  township
15    board  may accept the high bid or any other bid determined to
16    be in the best  interests  of  the  township  by  a  vote  of
17    three-fourths  of the township board then holding office, but
18    in no event at a price less than 80% of the appraised  value.
19    With  respect  to  road  district  property,  except personal
20    property valued for sale at $2,500 or less $200 or less,  the
21    highway commissioner may accept the high bid or any other bid
22    determined  to be in the best interests of the road district.
23    In each case, the township board or commissioner  may  reject
24    any  and all bids.  With respect to township or road district
25    personal property valued for sale at $2,500 or less  $200  or
26    less, the clerk shall accept at least 2 bids and the township
27    board  or  highway commissioner shall accept the highest bid.
28    This notice and competitive bidding procedure  shall  not  be
29    followed  when  property  is  leased  to another governmental
30    body. The notice and competitive bidding procedure shall  not
31    be followed when property is declared surplus by the electors
32    and sold to another governmental body.
33        (e)  A  trade-in  of  machinery  or  equipment  on new or
34    different machinery or equipment does not constitute the sale
 
HB1385 Enrolled            -5-       LRB093 05925 MKM 06022 b
 1    of township or road district property.
 2    (Source: P.A. 89-100,  eff.  7-7-95;  89-331,  eff.  8-17-95;
 3    89-626, eff. 8-9-96; 90-751, eff. 1-1-99.)

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