[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB3188enr HB3188 Enrolled LRB9109491MWcs 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. HB3188 Enrolled -2- LRB9109491MWcs 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 taxable11property 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 HB3188 Enrolled -3- LRB9109491MWcs 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 HB3188 Enrolled -4- LRB9109491MWcs 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 taxable6property 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 HB3188 Enrolled -5- LRB9109491MWcs 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.