Rep. Robert S. Molaro

Filed: 5/17/2005

 

 


 

 


 
09400SB0613ham001 LRB094 10169 AJO 46613 a

1
AMENDMENT TO SENATE BILL 613

2     AMENDMENT NO. ______. Amend Senate Bill 613 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Township Code is amended by changing
5 Sections 115-10, 115-20, 120-10, 125-10, and 125-15 and by
6 adding Section 125-12 as follows:
 
7     (60 ILCS 1/115-10)
8     Sec. 115-10. Open space plan; petition.
9     (a) A board desiring to enter upon an open space program
10 may do so only after adoption of an open space plan under
11 Section 115-15. The board shall commence preparation of an open
12 space plan under that Section only upon the filing with the
13 township clerk of a petition signed by not less than 5% or 50,
14 whichever is greater, of the registered voters of the township
15 (according to the voting registration records at the time the
16 petition is filed) recommending that the board commence
17 preparation of an open space plan. Within 5 business days after
18 the filing of the petition, the township clerk shall provide
19 public notice of the existence of the filed petition in the
20 same manner as notices of meetings of the township board are
21 provided. A hearing shall be conducted no less than 30 days
22 after the filing of the petition to determine the validity of
23 the petition, which may be challenged in accordance with the
24 general election law.

 

 

09400SB0613ham001 - 2 - LRB094 10169 AJO 46613 a

1     (b) A proposed open space plan shall (i) identify all open
2 land within the township that the board deems necessary to
3 acquire in order to accomplish the purposes of the open space
4 program; (ii) state the ways in which the acquisition of open
5 land will further open space purposes; (iii) state the
6 estimated costs of implementing the proposed plan; (iv) state
7 the approximate tax, per $100 of assessed value, that will be
8 levied to provide the necessary funds for implementing the
9 proposed plan; (v) state the estimated timetable for
10 implementing the proposed plan; and (vi) establish standards
11 and procedures for establishing priorities for the acquisition
12 of parcels identified in the plan.
13 (Source: P.A. 85-1140; 88-62.)
 
14     (60 ILCS 1/115-20)
15     Sec. 115-20. Referendum on recommended plan; petition.
16     (a) If the board recommends adoption of the open space
17 plan, or if a subsequent petition is filed by not less than 5%
18 or 50, whichever is greater, of the registered voters of the
19 township (according to the voting registration records at the
20 time the petition is filed) recommending adoption of the open
21 space plan, then the Board, within 30 days of making of the
22 recommendation or the approval filing of the petition, shall
23 file a petition with the township clerk, requesting the clerk
24 to submit to the voters of the township the question of whether
25 the township shall adopt the open space plan and enter upon an
26 open space program, with the power to acquire open land by
27 purchase, condemnation (except townships in counties having a
28 population of more than 150,000 but not more than 250,000), or
29 otherwise in the township and with the power to issue bonds for
30 those purposes under this Article. Approval of a petition
31 recommending adoption of the open space plan shall be given if
32 the petition is determined to be valid following public notice
33 and a hearing consistent with the requirements of Section

 

 

09400SB0613ham001 - 3 - LRB094 10169 AJO 46613 a

1 115-10 for the initial petition. The total amount of bonds to
2 be issued under this Section may not exceed 5% of the valuation
3 of all taxable property in the township and shall be set forth
4 in the question as a dollar amount. The township clerk shall
5 certify that proposition to the proper election officials, who
6 shall submit the proposition to the township voters at the next
7 regular election. The referendum shall be conducted and notice
8 given in accordance with the general election law.
9     (b) The question submitted to the voters at the election
10 shall be in substantially the following form:
11         Shall (name of township) adopt the open space plan
12     considered at the public hearing on (date) and enter upon
13     an open space program, and shall the Township Board have
14     the power (i) to acquire open land by purchase (insert ",
15     condemnation," if the township is in a county having a
16     population of more than 250,000) or otherwise, (ii) to
17     issue bonds for open space purposes in an amount not
18     exceeding $(amount), and (iii) to levy a tax to pay the
19     principal of and interest on those bonds, as provided in
20     Article 115 of the Township Code?
21 The votes shall be recorded as "Yes" or "No".
22     (c) If a majority of the voters voting at the election on
23 the question vote in favor of the question, the township shall
24 thereafter adopt the open space plan recommended by the board
25 or by the petition of the registered voters of the township and
26 shall enter upon an open space program under this Article. If
27 the proposition does not receive the approval of a majority of
28 the voters voting at the election on the question, no
29 proposition may be submitted to the voters under this Section
30 less than 23 months after the date of the election.
31     (d) If a majority of the legal voters voting at referendum
32 in any township approved a proposition at the consolidated
33 election in 2001 in reliance upon and consistent with this
34 Section 115-20 as it existed prior to the effective date of

 

 

09400SB0613ham001 - 4 - LRB094 10169 AJO 46613 a

1 Public Act 91-847, then that referendum and all actions taken
2 in reliance thereon are hereby validated and are legally
3 binding in all respects.
4 (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00; 92-6,
5 eff. 6-7-01.)
 
6     (60 ILCS 1/120-10)
7     Sec. 120-10. Method of acquiring land. A township desiring
8 to procure lands for park purposes under this Article may
9 purchase the lands from the owner or owners or, in the
10 discretion of the township board, may acquire the lands by the
11 exercise of the power of eminent domain in the manner provided
12 by the laws of this State for taking or damaging private
13 property for public purposes. A township may not utilize
14 eminent domain powers with respect to lands located within the
15 boundaries of a municipality that is served by a municipal
16 recreation department, or a park district.
17 (Source: Laws 1915, p. 724; P.A. 88-62.)
 
18     (60 ILCS 1/125-10)
19     Sec. 125-10. Petition and referendum.
20     (a) Legal One hundred legal voters of a township numbering
21 no less than 5% or 50, whichever is greater, of the registered
22 voters of the township, may file a petition in writing in the
23 office of the circuit clerk in the county in which the township
24 is located, with a copy of such petition required to be filed
25 on the same day with the township clerk, asking that a
26 referendum be held to authorize the issuance of bonds for the
27 purpose of providing funds for the purchase and improvement of
28 one or more public parks in the township. The petition shall
29 designate the amount of bonds proposed to be issued for the
30 acquirement and improvement of the parks. Within 5 business
31 days after the filing of the petition, the township clerk shall
32 provide public notice of the existence of the filed petition in

 

 

09400SB0613ham001 - 5 - LRB094 10169 AJO 46613 a

1 the same manner as notices of meetings of the township board
2 are provided. After a hearing conducted no less than 30 days
3 after the filing of the petition, at which time the validity of
4 the petition may be challenged in accordance with the general
5 election law Upon the filing of the petition, the circuit
6 court, if it determines that the petition conforms with the
7 requirements of the law, shall certify the question to the
8 proper election officials, who shall submit the question at an
9 election to the legally qualified voters of the township. The
10 court shall designate the election at which the question shall
11 be submitted. The notice of the referendum shall state the
12 amount of bonds proposed to be issued and identify any specific
13 park acquisition or improvement projects intended to be
14 supported by the bond proceeds, and the notice shall be given
15 and the referendum conducted in accordance with the general
16 election law.
17     (b) The proposition at the referendum shall be in
18 substantially in one of the following forms form:
19
Form A

 
20         Shall (name of township) be authorized to issue park
21     bonds to the amount of $(amount) for the purpose of
22     procuring and improving one or more small parks?
 
23
Form B

 
24         Shall (name of township) be authorized to issue park
25     bonds to the amount of $ (amount) for the purpose of
26     (identify specific park acquisition or improvement
27     projects)?
 
28 The votes shall be recorded as "Yes" or "No".
29     (c) If a majority of the votes cast upon the proposition
30 are in favor of the issuance of bonds, the township supervisor

 

 

09400SB0613ham001 - 6 - LRB094 10169 AJO 46613 a

1 and township clerk shall issue the bonds of the township not
2 exceeding the amount voted upon at the township election. The
3 bonds shall become due not more than 20 years after their date,
4 shall be in denominations of $100 or any multiple of $100, and
5 shall bear interest, evidenced by coupons, at the rate of not
6 exceeding 5% per annum, payable semiannually.
7 (Source: Laws 1915, p. 722; P.A. 81-1489; 88-62.)
 
8     (60 ILCS 1/125-12 new)
9     Sec. 125-12. Public hearing following referendum approval.
10     (a) Before the bonds shall be sold, the township board
11 shall hold at least one public hearing on the subject of how
12 the bond proceeds may be spent. In addition to providing no
13 less than 15 days' advance public notice of such hearing in a
14 manner consistent with meetings of the township board, notice
15 of such public hearing shall be provided to all municipalities
16 and park districts located within the township. All interested
17 residents and local government officials within the township
18 shall be afforded an opportunity to be heard during the public
19 hearing.
20     (b) When Form A of the referendum question is used, the
21 township shall consider all legitimate park acquisition and
22 improvement projects that are submitted in connection with the
23 public hearing. When Form B of the referendum question is used,
24 the township shall consider only those park acquisition and
25 improvement projects that were identified in the question.
 
26     (60 ILCS 1/125-15)
27     Sec. 125-15. Supervisor's and clerk's certificate; tax;
28 board of park commissioners.
29     (a) The bonds shall be sold, and the proceeds shall be
30 used, solely for the purpose of procuring and improving one or
31 more parks in the township; specifically, the bond proceeds may
32 be used in connection with one or more acquisition projects,

 

 

09400SB0613ham001 - 7 - LRB094 10169 AJO 46613 a

1 one or more improvement projects, or a combination thereof. The
2 bond proceeds may be used to support projects at parks operated
3 by the township or, through grants or intergovernmental
4 agreements, at parks operated by a municipality or park
5 district. At or before the time of the delivery of the bonds
6 for value, the township supervisor and township clerk shall
7 file with the county clerk of the county in which the township
8 is situated their certificate in writing, under their
9 signatures, stating the amount of bonds to be issued, their
10 denomination, and the rate of interest and where payable. The
11 certificate shall include a form of the bond to be issued.
12     (b) The supervisor and clerk shall levy a direct annual tax
13 upon all the taxable property in the township sufficient to pay
14 the principal and interest of the bonds as and when they
15 respectively mature. The certificate filed with the county
16 clerk is full and complete authority to the county clerk to
17 extend the tax named in the certificate upon all the taxable
18 property in the township. The tax is in addition to all other
19 taxes authorized by law.
20     (c) If there is a board of park commissioners invested by
21 law with control over any park that lies wholly or in part in
22 the township, the duties required of the supervisor and clerk
23 by this Section and subsection (c) of Section 125-10 shall be
24 performed by the board of park commissioners or under its
25 authority.
26 (Source: P.A. 84-550; 88-62.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.".