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Public Act 094-0622
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| HB2613 Enrolled |
LRB094 10976 AJO 41576 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing |
Sections 115-10, 115-20, 120-10, 125-10, and 125-15 and by |
adding Section 125-12 as follows:
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(60 ILCS 1/115-10)
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Sec. 115-10. Open space plan; petition.
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(a) A board desiring to enter upon an open space program |
may do so only
after adoption of an open space plan under |
Section 115-15. The board shall
commence preparation of an open |
space plan under that Section only upon the
filing with the |
township clerk of a petition signed by not less than 5% or 50,
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whichever is greater, of the registered voters of the township |
(according to
the voting registration records at the time the |
petition is filed) recommending
that the board commence |
preparation of an open space plan. Within 5 business days after |
the filing of the petition, the township clerk shall provide |
public notice of the existence of the filed petition in the |
same manner as notices of meetings of the township board are |
provided. A hearing shall be conducted no less than 30 days |
after the filing of the petition to determine the validity of |
the petition, which may be challenged in accordance with the |
general election law.
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(b) A proposed open space plan shall (i) identify all open |
land within
the township that the board deems necessary to |
acquire in order to
accomplish the purposes of the open space |
program; (ii) state the ways in
which the acquisition of open |
land will further open space purposes; (iii)
state the |
estimated costs of implementing the proposed plan; (iv) state |
the
approximate tax, per $100 of assessed value, that will be |
levied to provide the
necessary funds for implementing the |
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proposed plan; (v) state the estimated
timetable for |
implementing the proposed plan; and (vi) establish standards |
and
procedures for establishing priorities for the acquisition |
of parcels
identified in the plan.
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(Source: P.A. 85-1140; 88-62.)
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(60 ILCS 1/115-20)
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Sec. 115-20. Referendum on recommended plan; petition.
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(a) If the board recommends adoption of the open space |
plan, or if a
subsequent petition is filed by not less than 5% |
or 50, whichever is greater, of the
registered voters of the |
township (according to the voting registration records
at the |
time the petition is filed) recommending adoption of the open |
space
plan, then the Board, within 30 days of making of the |
recommendation or the
approval
filing of the petition, shall |
file a petition with the township clerk,
requesting the clerk |
to submit to the voters of the township the question of
whether |
the township shall adopt the open space plan and enter upon an |
open
space program, with the power to acquire open land by |
purchase, condemnation
(except townships in counties having a |
population of more than 150,000 but
not more than 250,000),
or |
otherwise in the township and with the power to issue bonds for |
those
purposes under this Article. Approval of a petition |
recommending adoption of the open space plan shall be given if |
the petition is determined to be valid following public notice |
and a hearing consistent with the requirements of Section |
115-10 for the initial petition. The total amount of bonds to |
be issued under
this Section may not exceed 5% of the valuation |
of all taxable property in the
township and shall be set forth |
in the question as a dollar amount. The
township clerk shall |
certify that proposition
to the proper election officials, who |
shall submit the proposition to the
township voters at the next |
regular election. The referendum shall be
conducted and notice |
given in accordance with the general election law.
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(b) The question submitted to the voters at the election |
shall be in
substantially the following form:
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Shall (name of township) adopt the open space plan |
considered at the
public hearing on (date) and enter upon |
an open space program, and shall
the Township Board have |
the power (i) to acquire open land by purchase
(insert ", |
condemnation," if the township is in a county having a
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population of
more than 250,000) or otherwise, (ii) to |
issue bonds for open space
purposes in
an amount not |
exceeding $(amount), and (iii) to levy a tax to pay the |
principal of and interest on
those bonds, as provided in |
Article 115 of the Township Code?
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The votes shall be recorded as "Yes" or "No".
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(c) If a majority of the voters voting at the election on |
the question vote
in favor of the question, the township shall |
thereafter adopt the open space
plan recommended by the board |
or by the petition of the registered voters of
the township and |
shall enter upon an open space program under this Article. If
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the proposition does not receive the approval of a majority of |
the voters
voting at the election on the question, no |
proposition may be submitted to the
voters under this Section |
less than 23 months after the date of the election.
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(d) If a majority of the legal voters voting at referendum |
in any township
approved a proposition at the consolidated |
election in 2001 in reliance upon
and consistent with this |
Section 115-20 as it existed prior to the effective
date of |
Public Act 91-847, then that referendum and all actions taken |
in
reliance thereon are hereby validated and are legally |
binding in all
respects.
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(Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00; 92-6, |
eff. 6-7-01.)
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(60 ILCS 1/120-10)
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Sec. 120-10. Method of acquiring land. A township desiring |
to procure lands
for park purposes under this Article may |
purchase the lands from the owner or
owners or, in the |
discretion of the township board, may acquire the lands by
the |
exercise of the power of eminent domain in the manner provided |
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by the laws
of this State for taking or damaging private |
property for public purposes. A township may not utilize |
eminent domain powers with respect to lands located within the |
boundaries of a municipality that is served by a municipal |
recreation department, or a park district.
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(Source: Laws 1915, p. 724; P.A. 88-62.)
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(60 ILCS 1/125-10)
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Sec. 125-10. Petition and referendum.
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(a) Legal
One hundred legal voters of a township numbering |
no less than 5% or 50, whichever is greater, of the registered |
voters of the township, may file a petition in writing in
the |
office of the circuit clerk in the county in which the township |
is located,
with a copy of such petition required to be filed |
on the same day with the township clerk, asking that a |
referendum be held to authorize the issuance of bonds for the
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purpose of providing funds for the purchase and improvement of |
one or more
public parks in the township. The petition shall |
designate the amount of bonds
proposed to be issued for the |
acquirement and improvement of the parks. Within 5 business |
days after the filing of the petition, the township clerk shall |
provide public notice of the existence of the filed petition in |
the same manner as notices of meetings of the township board |
are provided. After a hearing conducted no less than 30 days |
after the filing of the petition, at which time the validity of |
the petition may be challenged in accordance with the general |
election law
Upon
the filing of the petition, the circuit |
court, if it determines that the
petition conforms with the |
requirements of the law, shall certify the question
to the |
proper election officials, who shall submit the question at an |
election
to the legally qualified voters of the township. The |
court shall designate the
election at which the question shall |
be submitted. The notice of the referendum
shall state the |
amount of bonds proposed to be issued and identify any specific |
park acquisition or improvement projects intended to be |
supported by the bond proceeds, and the notice shall be
given |
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and the referendum conducted in accordance with the general |
election law.
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(b) The proposition at the referendum shall be in |
substantially in one of the
following forms
form:
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Form A
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Shall (name of township) be authorized to issue park |
bonds to the
amount of $(amount) for the purpose of |
procuring and improving one or more
small parks?
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Form B
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Shall (name of township) be authorized to issue park |
bonds to the amount of $ (amount) for the purpose of |
(identify specific park acquisition or improvement |
projects)?
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The votes shall be recorded as "Yes" or "No".
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(c) If a majority of the votes cast upon the proposition |
are in favor of the
issuance of bonds, the township supervisor |
and township clerk shall issue the
bonds of the township not |
exceeding the amount voted upon at the township
election. The |
bonds shall become due not more than 20 years after their date,
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shall be in denominations of $100 or any multiple of $100, and |
shall bear
interest, evidenced by coupons, at the rate of not |
exceeding 5% per annum,
payable semiannually.
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(Source: Laws 1915, p. 722; P.A. 81-1489; 88-62.)
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(60 ILCS 1/125-12 new) |
Sec. 125-12. Public hearing following referendum approval.
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(a) Before the bonds shall be sold, the township board |
shall hold at least one public hearing on the subject of how |
the bond proceeds may be spent. In addition to providing no |
less than 15 days' advance public notice of such hearing in a |
manner consistent with meetings of the township board, notice |
of such public hearing shall be provided to all municipalities |
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and park districts located within the township. All interested |
residents and local government officials within the township |
shall be afforded an opportunity to be heard during the public |
hearing. |
(b) When Form A of the referendum question is used, the |
township shall consider all legitimate park acquisition and |
improvement projects that are submitted in connection with the |
public hearing. When Form B of the referendum question is used, |
the township shall consider only those park acquisition and |
improvement projects that were identified in the question.
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(60 ILCS 1/125-15)
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Sec. 125-15. Supervisor's and clerk's certificate; tax; |
board of
park commissioners.
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(a) The bonds shall be sold, and the proceeds shall be |
used, solely for
the purpose of procuring and improving one or |
more parks in the township; specifically, the bond proceeds may |
be used in connection with one or more acquisition projects, |
one or more improvement projects, or a combination thereof. The |
bond proceeds may be used to support projects at parks operated |
by the township or, through grants or intergovernmental |
agreements, at parks operated by a municipality or park |
district. At or
before the time of the delivery of the bonds |
for value, the township supervisor
and township clerk shall |
file with the county clerk of the county in which the
township |
is situated their certificate in writing, under their |
signatures,
stating the amount of bonds to be issued, their |
denomination, and the rate of
interest and where payable. The |
certificate shall include a form of the bond
to be issued.
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(b) The supervisor and clerk shall levy a direct annual tax |
upon all the
taxable property in the township sufficient to pay |
the principal and interest
of the bonds as and when they |
respectively mature. The certificate filed with
the county |
clerk is full and complete authority to the county clerk to |
extend
the tax named in the certificate upon all the taxable |
property in the township.
The tax is in addition to all other |