Rep. Randy Ramey, Jr.

Filed: 3/10/2011





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2    AMENDMENT NO. ______. Amend House Bill 2820 by replacing
3everything after the enacting clause with the following:
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.



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1    (b) Agenda. Not less than 15 10 days before the annual
2meeting, the township board shall adopt an agenda for the
3annual meeting. Any 15 or more registered voters in the
4township may request an agenda item for consideration by the
5electors at the annual meeting by giving written notice of a
6specific request to the township clerk no later than March 1
7prior to the annual meeting. The agenda published by the
8township board shall include any such request made by voters if
9the request is relevant to powers granted to electors under the
10Township Code.
11    (c) Additional agenda items. Any matter or proposal not set
12forth in the published agenda shall not be considered at the
13annual meeting other than advising that the matter may be
14considered at a special meeting of the electors at a later
16(Source: P.A. 95-761, eff. 7-28-08.)
17    (60 ILCS 1/30-50)
18    Sec. 30-50. Purchase and use of property.
19    (a) The electors may make all orders for the purchase,
20sale, conveyance, regulation, or use of the township's
21corporate property (including the direct sale or lease of
22single township road district property) that may be deemed
23conducive to the interests of its inhabitants, including the
24lease, for up to 10 years, or for up to 25 years if the lease is
25for a wireless telecommunications tower, at fair market value,



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1of corporate property for which no use or need during the lease
2period is anticipated at the time of leasing. The property may
3be leased to another governmental body, however, or to a
4not-for-profit corporation that has contracted to construct or
5fund the construction of a structure or improvement upon the
6real estate owned by the township and that has contracted with
7the township to allow the township to use at least a portion of
8the structure or improvement to be constructed upon the real
9estate leased and not otherwise used by the township, for any
10term not exceeding 50 years and for any consideration. In the
11case of a not-for-profit corporation, the township shall hold a
12public hearing on the proposed lease. The township clerk shall
13give notice of the hearing by publication in a newspaper
14published in the township, or in a newspaper published in the
15county and having general circulation in the township if no
16newspaper is published in the township, and by posting notices
17in at least 5 public places at least 15 10 days before the
18public hearing.
19    (b) If a new tax is to be levied or an existing tax rate is
20to be increased above the statutory limits for the purchase of
21the property, however, no action otherwise authorized in
22subsection (a) shall be taken unless a petition signed by at
23least 10% of the registered voters residing in the township is
24presented to the township clerk. If a petition is presented to
25the township clerk, the clerk shall order a referendum on the
26proposition. The referendum shall be held at the next annual or



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1special township meeting or at an election in accordance with
2the general election law. If the referendum is ordered to be
3held at the township meeting, the township clerk shall give
4notice that at the next annual or special township meeting the
5proposition shall be voted upon. The notice shall set forth the
6proposition and shall be given by publication in a newspaper
7published in the township. If there is no newspaper published
8in the township, the notice shall be published in a newspaper
9published in the county and having general circulation in the
10township. Notice also shall be given by posting notices in at
11least 5 public places at least 15 10 days before the township
12meeting. If the referendum is ordered to be held at an
13election, the township clerk shall certify that proposition to
14the proper election officials, who shall submit the proposition
15at an election. The proposition shall be submitted in
16accordance with the general election law.
17    (c) If the leased property is utilized in part for private
18use and in part for public use, those portions of the
19improvements devoted to private use are fully taxable. The land
20is exempt from taxation to the extent that the uses on the land
21are public and taxable to the extent that the uses are private.
22    (d) Before the township makes a lease or sale of township
23or road district real or personal property, unless the personal
24property has a sale value of $2,500 or less, the electors shall
25adopt a resolution stating the intent to lease or sell the real
26or personal property, describing the property in full, and



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1stating the terms and conditions the electors deem necessary
2and desirable for the lease or sale. A resolution stating the
3intent to sell real property shall also contain pertinent
4information concerning the size, use, and zoning of the
5property. The value of real property shall be determined by a
6State licensed real estate appraiser. The appraisal shall be
7available for public inspection. The resolution may direct the
8sale to be conducted by the staff of the township or by listing
9with local licensed real estate agencies (in which case the
10terms of the agent's compensation shall be included in the
12    When a township sells township or road district personal
13property valued for sale at $2,500 or less, the electors are
14not required to adopt a resolution. Prior to the sale, the
15clerk shall prepare a notice stating the intent of the township
16or road district to sell personal property with a sale value of
17$2,500 or less and describing the property in full.
18    The clerk shall thereafter publish the resolution or
19personal property sale notice once in a newspaper published in
20the township or, if no newspaper is published in the township,
21in a newspaper generally circulated in the township. If no
22newspaper is generally circulated in the township, the clerk
23shall post the resolution or personal property sale notice in 5
24of the most public places in the township. In addition to the
25foregoing publication requirements, the clerk shall post the
26resolution or personal property sale notice at the office of



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1the township (if township property is involved) or at the
2office of the road district (if road district property is
3involved). The following information shall be published or
4posted with the resolution or personal property sale notice:
5(i) the date by which all bids must be received by the township
6or road district, which shall not be less than 30 days after
7the date of publication or posting, and (ii) the place, time,
8and date at which bids shall be opened, which shall be at a
9regular meeting of the township board.
10    All bids shall be opened by the clerk (or someone duly
11appointed to act for the clerk) at the regular meeting of the
12township board described in the notice. With respect to
13township personal property, except personal property valued
14for sale at $2,500 or less, the township board may accept the
15high bid or any other bid determined to be in the best
16interests of the township by a majority vote of the board. With
17respect to township real property, the township board may
18accept the high bid or any other bid determined to be in the
19best interests of the township by a vote of three-fourths of
20the township board then holding office, but in no event at a
21price less than 80% of the appraised value. With respect to
22road district property, except personal property valued for
23sale at $2,500 or less, the highway commissioner may accept the
24high bid or any other bid determined to be in the best
25interests of the road district. In each case, the township
26board or commissioner may reject any and all bids. With respect



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1to township or road district personal property valued for sale
2at $2,500 or less, the clerk shall accept at least 2 bids and
3the township board or highway commissioner shall accept the
4highest bid. This notice and competitive bidding procedure
5shall not be followed when property is leased to another
6governmental body. The notice and competitive bidding
7procedure shall not be followed when property is declared
8surplus by the electors and sold to another governmental body.
9    (e) A trade-in of machinery or equipment on new or
10different machinery or equipment does not constitute the sale
11of township or road district property.
12(Source: P.A. 95-909, eff. 8-26-08.)
13    (60 ILCS 1/30-205)
14    Sec. 30-205. Advisory referenda. By a vote of the majority
15of electors present at a town meeting, the electors may
16authorize that an advisory question of public policy directly
17related to the business of the township be placed on the ballot
18at the next regularly scheduled election in the township. The
19township board shall certify the question to the proper
20election officials, who shall submit the question in accordance
21with the general election law.
22(Source: P.A. 89-331, eff. 8-17-95.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".