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Public Act 095-0909
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| HB4378 Enrolled |
LRB095 16636 HLH 42667 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 Section |
30-50 as follows:
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(60 ILCS 1/30-50)
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Sec. 30-50. Purchase and use of property.
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(a) The electors may make all orders for the
purchase, |
sale, conveyance,
regulation, or use of the township's |
corporate property (including
the direct
sale or lease of |
single township road district property) that may be deemed |
conducive
to
the interests of its inhabitants, including the |
lease, for up to 10 years, or for up to 25 years if the lease is |
for a wireless telecommunications tower, at
fair market value, |
of corporate property for which no use or need during the
lease |
period is anticipated at the time of leasing. The property may |
be leased
to another governmental body, however,
or to a |
not-for-profit corporation that has contracted to construct or |
fund
the construction of a structure or improvement upon the |
real estate owned by
the township and that has contracted with |
the township to allow the township to
use at least a portion of |
the structure or improvement to be constructed upon
the real |
estate leased and not otherwise used by the township,
for any |
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term not exceeding 50 years and
for any consideration.
In the |
case of a not-for-profit corporation, the township shall hold a |
public
hearing on the proposed lease. The township clerk shall |
give
notice of the hearing
by publication in a newspaper |
published in the township,
or in a newspaper published in the |
county and having general
circulation in the township if no |
newspaper is published in the township, and
by posting notices |
in at least 5 public places
at least 10 days before the public |
hearing.
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(b) If a new tax is to be levied or an existing tax rate is |
to be increased
above the statutory limits for the purchase of |
the property, however, no action
otherwise authorized in |
subsection (a) shall be taken unless a petition signed
by at |
least 10% of the registered voters residing in the township is |
presented
to the township clerk. If a petition is presented to |
the township clerk, the
clerk shall order a referendum on the |
proposition. The referendum shall be
held at the next annual or |
special township meeting or at an election in
accordance with |
the general election law. If the referendum is ordered to be
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held at the township meeting, the township clerk shall give |
notice that at the
next annual or special township meeting the |
proposition shall be voted upon.
The notice shall set forth the |
proposition and shall be given by publication in
a newspaper |
published in the township. If there is no newspaper published
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in the township, the notice shall be published in a newspaper |
published in the
county and having general circulation in the |
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township. Notice also shall be
given by posting notices in at |
least 5 public places at least 10 days before
the township |
meeting. If the referendum is ordered to be held at an |
election,
the township clerk shall certify that proposition to |
the proper election
officials, who shall submit the proposition |
at an election. The proposition
shall be submitted in |
accordance with the general election law.
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(c) If the leased property is utilized in part for private |
use and in part
for public use, those portions of the |
improvements devoted to private use are
fully taxable. The land |
is exempt from taxation to the extent that the uses on
the land |
are public and taxable to the extent that the uses are private.
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(d) Before the township makes a lease or sale of township |
or road
district
real or personal property, unless the personal |
property has a sale value of
$2,500 or less, the electors shall |
adopt a resolution
stating
the intent to lease or sell the real |
or personal property, describing the
property in full, and |
stating the terms and conditions the electors deem
necessary |
and desirable for the lease or sale. A resolution stating the
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intent to sell real property shall also contain pertinent |
information
concerning the size, use, and zoning of the |
property.
The value of real property shall be determined
by a |
State licensed real estate appraiser.
The appraisal shall be |
available for
public inspection. The resolution may direct the |
sale to be conducted by the
staff of the township or by listing |
with local licensed real
estate agencies
(in which case the |
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terms of the agent's compensation shall be included in the
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resolution).
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When a township sells
township or road district personal |
property valued for sale at $2,500 or
less,
the electors are |
not required to adopt a resolution. Prior to the sale, the
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clerk shall prepare a notice stating the intent of the township |
or road
district to sell personal property with a sale value of |
$2,500 or less and
describing the property in full.
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The clerk shall thereafter publish the resolution or |
personal property
sale notice once in a newspaper published in |
the township or, if no newspaper
is published in the township, |
in a newspaper generally circulated in the
township. If no |
newspaper is generally circulated in the township, the clerk
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shall post the resolution or personal property sale notice in 5 |
of the
most public places in the township. In addition to the |
foregoing publication
requirements, the clerk shall post the |
resolution or personal property
sale notice at the office of |
the township (if township property is involved)
or at the |
office of the road district (if road district property is
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involved). The following information shall be published or |
posted with the
resolution or
personal property sale notice: |
(i) the date by which all bids must be
received by the township |
or road district, which shall not be less than 30
days
after |
the date of publication or posting, and (ii) the place, time, |
and date at
which bids shall be opened, which shall be at a |
regular meeting of the township
board.
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All bids shall be opened by the clerk (or someone duly |
appointed to act
for the clerk) at the regular meeting of the |
township board described in the
notice. With respect to |
township personal property, except personal
property valued
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for sale at $2,500 or less, the township board may accept
the |
high bid or any
other bid determined to be in the best |
interests of the township by a majority
vote of the board. With |
respect to township real property, the township
board may |
accept the high bid or any other bid determined to be in the
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best interests of the township by a vote of three-fourths of |
the township
board then holding office, but in no event at a |
price less than 80% of the
appraised value. With respect to |
road district property, except personal
property valued for |
sale at $2,500 or less, the highway
commissioner may accept
the |
high bid or any other bid determined to be in the best |
interests of the
road district. In each case, the township |
board or commissioner
may
reject
any and all bids. With respect |
to township or road district personal
property valued for sale |
at $2,500 or less, the clerk
shall accept at least 2
bids and |
the township board or highway commissioner shall accept the
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highest
bid. This notice and competitive bidding procedure |
shall not be followed
when property is leased to another |
governmental body.
The notice and
competitive bidding |
procedure shall not be followed when property is declared
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surplus by the electors and sold to another governmental body.
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(e) A trade-in of machinery or equipment on new or |