Illinois General Assembly - Full Text of HB2820
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Full Text of HB2820  97th General Assembly



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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Township Code is amended by changing
5Sections 30-10, 30-50, and 30-205 as follows:
6    (60 ILCS 1/30-10)
7    Sec. 30-10. Notice of meeting; agenda.
8    (a) Notice of the time and place of holding the annual and
9any special township meetings shall be given by the township
10clerk (or, in the clerk's absence, the supervisor, assessor, or
11collector) by posting written or printed notices in 3 of the
12most public places in the township at least 15 10 days before
13the meeting and, if there is an English language newspaper
14published in the township, by at least one publication in that
15newspaper before the meeting. The notice shall set forth the
16agenda for the meeting.
17    (b) Agenda. Not less than 15 10 days before the annual
18meeting, the township board shall adopt an agenda for the
19annual meeting. Any 15 or more registered voters in the
20township may request an agenda item for consideration by the
21electors at the annual meeting by giving written notice of a
22specific request to the township clerk no later than March 1
23prior to the annual meeting. The agenda published by the



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1township board shall include any such request made by voters if
2the request is relevant to powers granted to electors under the
3Township Code.
4    (c) Additional agenda items. Any matter or proposal not set
5forth in the published agenda shall not be considered at the
6annual meeting other than advising that the matter may be
7considered at a special meeting of the electors at a later
9(Source: P.A. 95-761, eff. 7-28-08.)
10    (60 ILCS 1/30-50)
11    Sec. 30-50. Purchase and use of property.
12    (a) The electors may make all orders for the purchase,
13sale, conveyance, regulation, or use of the township's
14corporate property (including the direct sale or lease of
15single township road district property) that may be deemed
16conducive to the interests of its inhabitants, including the
17lease, for up to 10 years, or for up to 25 years if the lease is
18for a wireless telecommunications tower, at fair market value,
19of corporate property for which no use or need during the lease
20period is anticipated at the time of leasing. The property may
21be leased to another governmental body, however, or to a
22not-for-profit corporation that has contracted to construct or
23fund the construction of a structure or improvement upon the
24real estate owned by the township and that has contracted with
25the township to allow the township to use at least a portion of



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1the structure or improvement to be constructed upon the real
2estate leased and not otherwise used by the township, for any
3term not exceeding 50 years and for any consideration. In the
4case of a not-for-profit corporation, the township shall hold a
5public hearing on the proposed lease. The township clerk shall
6give notice of the hearing by publication in a newspaper
7published in the township, or in a newspaper published in the
8county and having general circulation in the township if no
9newspaper is published in the township, and by posting notices
10in at least 5 public places at least 15 10 days before the
11public hearing.
12    (b) If a new tax is to be levied or an existing tax rate is
13to be increased above the statutory limits for the purchase of
14the property, however, no action otherwise authorized in
15subsection (a) shall be taken unless a petition signed by at
16least 10% of the registered voters residing in the township is
17presented to the township clerk. If a petition is presented to
18the township clerk, the clerk shall order a referendum on the
19proposition. The referendum shall be held at the next annual or
20special township meeting or at an election in accordance with
21the general election law. If the referendum is ordered to be
22held at the township meeting, the township clerk shall give
23notice that at the next annual or special township meeting the
24proposition shall be voted upon. The notice shall set forth the
25proposition and shall be given by publication in a newspaper
26published in the township. If there is no newspaper published



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1in the township, the notice shall be published in a newspaper
2published in the county and having general circulation in the
3township. Notice also shall be given by posting notices in at
4least 5 public places at least 15 10 days before the township
5meeting. If the referendum is ordered to be held at an
6election, the township clerk shall certify that proposition to
7the proper election officials, who shall submit the proposition
8at an election. The proposition shall be submitted in
9accordance with the general election law.
10    (c) If the leased property is utilized in part for private
11use and in part for public use, those portions of the
12improvements devoted to private use are fully taxable. The land
13is exempt from taxation to the extent that the uses on the land
14are public and taxable to the extent that the uses are private.
15    (d) Before the township makes a lease or sale of township
16or road district real or personal property, unless the personal
17property has a sale value of $2,500 or less, the electors shall
18adopt a resolution stating the intent to lease or sell the real
19or personal property, describing the property in full, and
20stating the terms and conditions the electors deem necessary
21and desirable for the lease or sale. A resolution stating the
22intent to sell real property shall also contain pertinent
23information concerning the size, use, and zoning of the
24property. The value of real property shall be determined by a
25State licensed real estate appraiser. The appraisal shall be
26available for public inspection. The resolution may direct the



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1sale to be conducted by the staff of the township or by listing
2with local licensed real estate agencies (in which case the
3terms of the agent's compensation shall be included in the
5    When a township sells township or road district personal
6property valued for sale at $2,500 or less, the electors are
7not required to adopt a resolution. Prior to the sale, the
8clerk shall prepare a notice stating the intent of the township
9or road district to sell personal property with a sale value of
10$2,500 or less and describing the property in full.
11    The clerk shall thereafter publish the resolution or
12personal property sale notice once in a newspaper published in
13the township or, if no newspaper is published in the township,
14in a newspaper generally circulated in the township. If no
15newspaper is generally circulated in the township, the clerk
16shall post the resolution or personal property sale notice in 5
17of the most public places in the township. In addition to the
18foregoing publication requirements, the clerk shall post the
19resolution or personal property sale notice at the office of
20the township (if township property is involved) or at the
21office of the road district (if road district property is
22involved). The following information shall be published or
23posted with the resolution or personal property sale notice:
24(i) the date by which all bids must be received by the township
25or road district, which shall not be less than 30 days after
26the date of publication or posting, and (ii) the place, time,



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1and date at which bids shall be opened, which shall be at a
2regular meeting of the township board.
3    All bids shall be opened by the clerk (or someone duly
4appointed to act for the clerk) at the regular meeting of the
5township board described in the notice. With respect to
6township personal property, except personal property valued
7for sale at $2,500 or less, the township board may accept the
8high bid or any other bid determined to be in the best
9interests of the township by a majority vote of the board. With
10respect to township real property, the township board may
11accept the high bid or any other bid determined to be in the
12best interests of the township by a vote of three-fourths of
13the township board then holding office, but in no event at a
14price less than 80% of the appraised value. With respect to
15road district property, except personal property valued for
16sale at $2,500 or less, the highway commissioner may accept the
17high bid or any other bid determined to be in the best
18interests of the road district. In each case, the township
19board or commissioner may reject any and all bids. With respect
20to township or road district personal property valued for sale
21at $2,500 or less, the clerk shall accept at least 2 bids and
22the township board or highway commissioner shall accept the
23highest bid. This notice and competitive bidding procedure
24shall not be followed when property is leased to another
25governmental body. The notice and competitive bidding
26procedure shall not be followed when property is declared



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1surplus by the electors and sold to another governmental body.
2    (e) A trade-in of machinery or equipment on new or
3different machinery or equipment does not constitute the sale
4of township or road district property.
5(Source: P.A. 95-909, eff. 8-26-08.)
6    (60 ILCS 1/30-205)
7    Sec. 30-205. Advisory referenda. By a vote of the majority
8of electors present at a town meeting, the electors may
9authorize that an advisory question of public policy directly
10related to the business of the township be placed on the ballot
11at the next regularly scheduled election in the township. The
12township board shall certify the question to the proper
13election officials, who shall submit the question in accordance
14with the general election law.
15(Source: P.A. 89-331, eff. 8-17-95.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.