Illinois General Assembly - Full Text of SB0497
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Full Text of SB0497  98th General Assembly


Sen. Don Harmon

Filed: 11/5/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 497 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 property, the electors shall adopt a
24resolution stating the intent to lease or sell the real
25property, describing the property in full, and stating the
26terms and conditions the electors deem necessary and desirable



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1for the lease or sale. A resolution stating the intent to sell
2real property shall also contain pertinent information
3concerning the size, use, and zoning of the property. The value
4of real property shall be determined by a State licensed real
5estate appraiser. The appraisal shall be available for public
6inspection. The resolution may direct the sale to be conducted
7by the staff of the township or by listing with local licensed
8real estate agencies (in which case the terms of the agent's
9compensation shall be included in the resolution).
10    Anytime during the year, the township or township road
11district may dispose of personal property by a vote of the
12township board or request of the township highway commissioner.
13    The clerk shall thereafter publish the resolution or
14personal property sale notice once in a newspaper published in
15the township or, if no newspaper is published in the township,
16in a newspaper generally circulated in the township. If no
17newspaper is generally circulated in the township, the clerk
18shall post the resolution or personal property sale notice in 5
19of the most public places in the township. In addition to the
20foregoing publication requirements, the clerk shall post the
21resolution or personal property sale notice at the office of
22the township (if township property is involved) or at the
23office of the road district (if road district property is
24involved). The following information shall be published or
25posted with the resolution or personal property sale notice:
26(i) the date by which all bids must be received by the township



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



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1governmental body. The notice and competitive bidding
2procedure shall not be followed when property is declared
3surplus by the electors and sold to another governmental body.
4    (e) A trade-in of machinery or equipment on new or
5different machinery or equipment does not constitute the sale
6of township or road district property.
7(Source: P.A. 97-337, eff. 8-12-11.)
8    (60 ILCS 1/30-205)
9    Sec. 30-205. Advisory referenda. Any group of registered
10voters may request an advisory question of public policy for
11consideration by the electors at the annual meeting by giving
12written notice of the specific advisory question to the
13township clerk in the same manner as required for an agenda
14item under subsection (b) of Section 30-10. The agenda
15published by the township board shall include any such advisory
16question if the request is timely filed. By a vote of the
17majority of electors present at a town meeting, the electors
18may authorize that an advisory question of public policy, for
19which notice has been given as required by this Section, be
20placed on the ballot at the next regularly scheduled election
21in the township. The township board shall certify the question
22to the proper election officials, who shall submit the question
23in accordance with the general election law.
24(Source: P.A. 89-331, eff. 8-17-95.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".