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90_HB2580enr
60 ILCS 1/30-50
60 ILCS 1/105-30 rep.
605 ILCS 5/6-201.17 from Ch. 121, par. 6-201.17
605 ILCS 5/6-803.1 from Ch. 121, par. 6-803.1
605 ILCS 5/6-803.2 new
Amends the Township Code and the Illinois Highway Code.
Deletes the provisions concerning the sale of surplus real
property of a township or of a road district in a county
under township organization. Reinserts those provisions to
subject the sale of real property of the township or road
district to the resolution and appraisal requirements used
for the sale of surplus real property. Subjects the sale of
surplus real property of the township or road district to the
notice and competitive bidding requirements used for the sale
of township property. Authorizes a road district in a
county under township organization to purchase, sell, convey,
regulate, or lease property. Changes a cross reference to
correspond with the provision affecting road districts.
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1 AN ACT to amend the Township Code by changing Sections
2 30-50, 210-15, and 210-20 and repealing Section 105-30.
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 30-50, 210-15, and 210-20 as follows:
7 (60 ILCS 1/30-50)
8 Sec. 30-50. Purchase and use of property.
9 (a) The electors may make all orders for the purchase,
10 sale, conveyance, regulation, or use of the township's
11 corporate property (including the direct sale of single
12 township road district property) that may be deemed conducive
13 to the interests of its inhabitants, including the lease, for
14 up to 10 years at fair market value, of corporate property
15 for which no use or need during the lease period is
16 anticipated at the time of leasing. The property may be
17 leased to another governmental body, however, or to a
18 not-for-profit corporation that has contracted to construct
19 or fund the construction of a structure or improvement upon
20 the real estate owned by the township and that has contracted
21 with the township to allow the township to use at least a
22 portion of the structure or improvement to be constructed
23 upon the real estate leased and not otherwise used by the
24 township, for any term not exceeding 50 years and for any
25 consideration. In the case of a not-for-profit corporation,
26 the township shall hold a public hearing on the proposed
27 lease. The township town clerk shall give notice of the
28 hearing by publication in a newspaper published in the
29 township, or in a newspaper published in the county and
30 having general circulation in the township if no newspaper is
31 published in the township, and by posting notices in at least
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1 5 public places at least 10 days before the public hearing.
2 (b) If a new tax is to be levied or an existing tax rate
3 is to be increased above the statutory limits for the
4 purchase of the property, however, no action otherwise
5 authorized in subsection (a) shall be taken unless a petition
6 signed by at least 10% of the registered voters residing in
7 the township is presented to the township clerk. If a
8 petition is presented to the township clerk, the clerk shall
9 order a referendum on the proposition. The referendum shall
10 be held at the next annual or special township meeting or at
11 an election in accordance with the general election law. If
12 the referendum is ordered to be held at the township meeting,
13 the township clerk shall give notice that at the next annual
14 or special township meeting the proposition shall be voted
15 upon. The notice shall set forth the proposition and shall
16 be given by publication in a newspaper published in the
17 township. If there is no newspaper published in the township,
18 the notice shall be published in a newspaper published in the
19 county and having general circulation in the township. Notice
20 also shall be given by posting notices in at least 5 public
21 places at least 10 days before the township meeting. If the
22 referendum is ordered to be held at an election, the township
23 clerk shall certify that proposition to the proper election
24 officials, who shall submit the proposition at an election.
25 The proposition shall be submitted in accordance with the
26 general election law.
27 (c) If the leased property is utilized in part for
28 private use and in part for public use, those portions of the
29 improvements devoted to private use are fully taxable. The
30 land is exempt from taxation to the extent that the uses on
31 the land are public and taxable to the extent that the uses
32 are private.
33 (d) Before the township makes a lease or sale of
34 township or road district real or personal property, unless
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1 the personal property has a sale value of $200 or less, the
2 electors shall adopt a resolution stating the intent to lease
3 or sell the real or personal property, describing the
4 property in full, and stating the terms and conditions the
5 electors deem necessary and desirable for the lease or sale.
6 A resolution stating the intent to sell real property shall
7 also contain pertinent information concerning the size, use,
8 and zoning of the property. The value of real property shall
9 be determined by a State licensed real estate appraiser. The
10 appraisal shall be available for public inspection. The
11 resolution may direct the sale to be conducted by the staff
12 of the township or by listing with local licensed real estate
13 agencies (in which case the terms of the agent's compensation
14 shall be included in the resolution).
15 When a township sells township or road district personal
16 property valued for sale at $200 or less, the electors are
17 not required to adopt a resolution. Prior to the sale, the
18 clerk shall prepare a notice stating the intent of the
19 township or road district to sell personal property with a
20 sale value of $200 or less and describing the property in
21 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
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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 $200 or less, the township board may accept the
12 high bid or any other bid determined to be in the best
13 interests of the township by a majority vote of the board.
14 With respect to township real property, the township board
15 may accept the high bid or any other bid determined to be in
16 the best interests of the township by a vote of three-fourths
17 of the township board then holding office, but in no event at
18 a price less than 80% of the appraised value. With respect
19 to road district property, except personal property valued
20 for sale at $200 or less, the highway commissioner may accept
21 the high bid or any other bid determined to be in the best
22 interests of the road district. In each either case, the
23 township board or commissioner may reject any and all bids.
24 With respect to township or road district personal property
25 valued for sale at $200 or less, the clerk shall accept at
26 least 2 bids and the township board or highway commissioner
27 shall accept the highest bid. This notice and competitive
28 bidding procedure shall not be followed when property is
29 leased to another governmental body. The notice and
30 competitive bidding procedure shall not be followed when
31 property is declared surplus by the electors and sold to
32 another governmental body.
33 (Source: P.A. 88-62; incorporates 88-356; 88-670, eff.
34 12-2-94; 89-100, eff. 7-7-95; 89-331, eff. 8-17-95; 89-626,
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1 eff. 8-9-96.)
2 (60 ILCS 1/210-15)
3 Sec. 210-15. Contract for collection and disposal;
4 special district; tax.
5 (a) The township board, when authorized by the electors
6 of the unincorporated area of the township to exercise the
7 powers conferred by this Article, may make contracts with any
8 city, village, or incorporated town or with any person,
9 corporation, or county for more than one year and not more
10 than 15 years (i) relating to the composting or recycling of
11 garbage, refuse, and ashes within the unincorporated area of
12 the township or (ii) relating to the collection and final
13 disposition, or relating solely to either the collection or
14 the final disposition, of garbage, refuse, and ashes within
15 the unincorporated area of the township.
16 (b) For this purpose, the township board shall perform
17 one of the following:
18 (1) Declare the unincorporated area of the township
19 a special refuse collection and disposal district for tax
20 purposes. Proof of the declaration authorizes the county
21 clerk to extend a tax upon the special refuse collection
22 and disposal district in the amount specified in the
23 annual township tax levy, but not more than a rate of
24 0.15% of the value of taxable property as equalized or
25 assessed by the Department of Revenue. The maximum tax
26 rate of 0.15% authorized by this Section may be increased
27 to not more than 0.20% according to the referendum
28 provisions of the General Revenue Law of Illinois.
29 (2) Provide in the contract that the users of the
30 services described in items (i) and (ii) of subsection
31 (a) shall pay the costs of the services directly to the
32 service provider.
33 (Source: P.A. 86-641; 88-62.)
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1 (60 ILCS 1/210-20)
2 Sec. 210-20. Annual budget and appropriation ordinance.
3 Whenever the township board makes a contract under this
4 Article that requires the declaration of a special refuse
5 collection and disposal district, the board shall include in
6 the annual budget and appropriation ordinance for each fiscal
7 year an appropriation of a sum of money, to be derived from
8 taxation extended upon the special refuse collection and
9 disposal district, sufficient to pay the amount that, by the
10 terms of the contract, is to become due and payable.
11 (Source: P.A. 82-783; 88-62.)
12 (60 ILCS 1/105-30 rep.)
13 Section 10. The Township Code is amended by repealing
14 Section 105-30.