Full Text of HB4378 95th General Assembly
HB4378 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4378
Introduced , by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
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Amends the Township Code. Provides that a township may lease a wireless telecommunications tower for up to 25 years (instead of 10 years) at fair market value. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4378 |
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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 | 5 |
| 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, | 9 |
| sale, conveyance,
regulation, or use of the township's | 10 |
| corporate property (including
the direct
sale or lease of | 11 |
| single township road district property) that may be deemed | 12 |
| conducive
to
the interests of its inhabitants, including the | 13 |
| lease, for up to 10 years , or for up to 25 years if the lease is | 14 |
| for a wireless telecommunications tower, at
fair market value, | 15 |
| of corporate property for which no use or need during the
lease | 16 |
| period is anticipated at the time of leasing. The property may | 17 |
| be leased
to another governmental body, however,
or to a | 18 |
| not-for-profit corporation that has contracted to construct or | 19 |
| fund
the construction of a structure or improvement upon the | 20 |
| real estate owned by
the township and that has contracted with | 21 |
| the township to allow the township to
use at least a portion of | 22 |
| the structure or improvement to be constructed upon
the real | 23 |
| estate leased and not otherwise used by the township,
for any |
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HB4378 |
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LRB095 16636 HLH 42667 b |
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| term not exceeding 50 years and
for any consideration.
In the | 2 |
| case of a not-for-profit corporation, the township shall hold a | 3 |
| public
hearing on the proposed lease. The township clerk shall | 4 |
| give
notice of the hearing
by publication in a newspaper | 5 |
| published in the township,
or in a newspaper published in the | 6 |
| county and having general
circulation in the township if no | 7 |
| newspaper is published in the township, and
by posting notices | 8 |
| in at least 5 public places
at least 10 days before the public | 9 |
| hearing.
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| (b) If a new tax is to be levied or an existing tax rate is | 11 |
| to be increased
above the statutory limits for the purchase of | 12 |
| the property, however, no action
otherwise authorized in | 13 |
| subsection (a) shall be taken unless a petition signed
by at | 14 |
| least 10% of the registered voters residing in the township is | 15 |
| presented
to the township clerk. If a petition is presented to | 16 |
| the township clerk, the
clerk shall order a referendum on the | 17 |
| proposition. The referendum shall be
held at the next annual or | 18 |
| special township meeting or at an election in
accordance with | 19 |
| 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 | 21 |
| notice that at the
next annual or special township meeting the | 22 |
| proposition shall be voted upon.
The notice shall set forth the | 23 |
| proposition and shall be given by publication in
a newspaper | 24 |
| 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 | 26 |
| published in the
county and having general circulation in the |
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HB4378 |
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LRB095 16636 HLH 42667 b |
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| township. Notice also shall be
given by posting notices in at | 2 |
| least 5 public places at least 10 days before
the township | 3 |
| meeting. If the referendum is ordered to be held at an | 4 |
| election,
the township clerk shall certify that proposition to | 5 |
| the proper election
officials, who shall submit the proposition | 6 |
| at an election. The proposition
shall be submitted in | 7 |
| accordance with the general election law.
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| (c) If the leased property is utilized in part for private | 9 |
| use and in part
for public use, those portions of the | 10 |
| improvements devoted to private use are
fully taxable. The land | 11 |
| is exempt from taxation to the extent that the uses on
the land | 12 |
| 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 | 14 |
| or road
district
real or personal property, unless the personal | 15 |
| property has a sale value of
$2,500 or less, the electors shall | 16 |
| adopt a resolution
stating
the intent to lease or sell the real | 17 |
| or personal property, describing the
property in full, and | 18 |
| stating the terms and conditions the electors deem
necessary | 19 |
| and desirable for the lease or sale. A resolution stating the
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| intent to sell real property shall also contain pertinent | 21 |
| information
concerning the size, use, and zoning of the | 22 |
| property.
The value of real property shall be determined
by a | 23 |
| State licensed real estate appraiser.
The appraisal shall be | 24 |
| available for
public inspection. The resolution may direct the | 25 |
| sale to be conducted by the
staff of the township or by listing | 26 |
| with local licensed real
estate agencies
(in which case the |
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HB4378 |
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LRB095 16636 HLH 42667 b |
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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 | 4 |
| property valued for sale at $2,500 or
less,
the electors are | 5 |
| 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 | 7 |
| or road
district to sell personal property with a sale value of | 8 |
| $2,500 or less and
describing the property in full.
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| The clerk shall thereafter publish the resolution or | 10 |
| personal property
sale notice once in a newspaper published in | 11 |
| the township or, if no newspaper
is published in the township, | 12 |
| in a newspaper generally circulated in the
township. If no | 13 |
| newspaper is generally circulated in the township, the clerk
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| shall post the resolution or personal property sale notice in 5 | 15 |
| of the
most public places in the township. In addition to the | 16 |
| foregoing publication
requirements, the clerk shall post the | 17 |
| resolution or personal property
sale notice at the office of | 18 |
| the township (if township property is involved)
or at the | 19 |
| office of the road district (if road district property is
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| involved). The following information shall be published or | 21 |
| posted with the
resolution or
personal property sale notice: | 22 |
| (i) the date by which all bids must be
received by the township | 23 |
| or road district, which shall not be less than 30
days
after | 24 |
| the date of publication or posting, and (ii) the place, time, | 25 |
| and date at
which bids shall be opened, which shall be at a | 26 |
| regular meeting of the township
board.
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HB4378 |
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LRB095 16636 HLH 42667 b |
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| All bids shall be opened by the clerk (or someone duly | 2 |
| appointed to act
for the clerk) at the regular meeting of the | 3 |
| township board described in the
notice. With respect to | 4 |
| township personal property, except personal
property valued
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| for sale at $2,500 or less, the township board may accept
the | 6 |
| high bid or any
other bid determined to be in the best | 7 |
| interests of the township by a majority
vote of the board. With | 8 |
| respect to township real property, the township
board may | 9 |
| 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 | 11 |
| the township
board then holding office, but in no event at a | 12 |
| price less than 80% of the
appraised value. With respect to | 13 |
| road district property, except personal
property valued for | 14 |
| sale at $2,500 or less, the highway
commissioner may accept
the | 15 |
| high bid or any other bid determined to be in the best | 16 |
| interests of the
road district. In each case, the township | 17 |
| board or commissioner
may
reject
any and all bids. With respect | 18 |
| to township or road district personal
property valued for sale | 19 |
| at $2,500 or less, the clerk
shall accept at least 2
bids and | 20 |
| the township board or highway commissioner shall accept the
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| highest
bid. This notice and competitive bidding procedure | 22 |
| shall not be followed
when property is leased to another | 23 |
| governmental body.
The notice and
competitive bidding | 24 |
| 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 |
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HB4378 |
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LRB095 16636 HLH 42667 b |
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| different machinery or
equipment does not constitute the sale | 2 |
| of township or road district property.
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| (Source: P.A. 93-424, eff. 8-5-03.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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