(60 ILCS 1/Art. 1 heading) ARTICLE 1.
SHORT TITLE AND GENERAL PROVISIONS
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(60 ILCS 1/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the Township Code.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/1-5)
Sec. 1-5.
Use of terms.
(a) A reference in another Act to a town (other than an incorporated
town) shall be deemed a reference to a township as that term is used in this
Code.
(b) A reference in another Act to the board of trustees of a town (other
than an incorporated town) or township, the board of town trustees, or the
board of township trustees shall be deemed a reference to the township
board as that term is used in this Code.
(c) A reference in another Act to an officer of a town (other than an
incorporated town) shall be deemed a reference to a township officer as
that term is used in this Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 5 heading) ARTICLE 5.
ADOPTION OF TOWNSHIP ORGANIZATION
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(60 ILCS 1/5-5)
Sec. 5-5.
Vote on organization.
At any general election held in the several
counties in this State, the qualified voters in any county may vote for or
against township organization in the county.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-10)
Sec. 5-10.
Referendum.
Whenever a proposition or public question is required
to be submitted under this Code for approval or rejection by the electors at an
election, the time and manner of conducting the referendum shall be in
accordance with the general election law.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-15)
Sec. 5-15.
Form of proposition.
The county board, on the petition of
10% or
more of the legal voters of the county, shall certify and cause to be
submitted to the
voters of the county the question of township organization under this Article.
The proposition shall be substantially in the form: "For township
organization" or "Against township organization".
(Source: P.A. 88-62; 89-365, eff. 8-18-95.)
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(60 ILCS 1/5-20)
Sec. 5-20.
Abstract of election returns.
The county clerk shall enter an
abstract of the returns of the election, prepared and certified as in elections
for county officers, file the abstract in the records of the county, and
certify an exact copy of the abstract and cause it to be delivered to the
State Comptroller.
(Source: P.A. 83-343; 88-62.)
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(60 ILCS 1/5-25)
Sec. 5-25.
Effect of vote.
If it appears by the returns of the election that
a majority of the legal voters of the county are for township organization,
then, the county so voting in favor of adopting township organization shall be
governed by and subject to the provisions of this Code on and after the first
Tuesday of April of the next succeeding odd-numbered year. A majority of the
voters voting at the election shall be deemed a majority of the voters of the
county.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-30)
Sec. 5-30.
Appointment of commissioners to divide county into townships.
The
presiding officer of the county board, with the advice and consent of the
county board, shall at the next session of the county board appoint 3
commissioners to divide the county into townships. The commissioners shall be
residents of the county. The commissioners shall be paid for their services by
the county.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-35)
Sec. 5-35.
Division of county into townships.
The commissioners shall
proceed to divide the county into townships, making them conform to the
townships according to government surveys. Fractional townships may be attached
to adjoining townships if the number of the inhabitants or the amount of
territory of a fractional township is not sufficient for a separate township.
If a township has too few inhabitants for a separate organization, then the
township may be added to some adjoining township or divided between 2 or
more townships for the time being. When a creek or river so divides a township
that it is inconvenient for transacting township business, the creek or river
may be made the township boundary, and the fractions so formed may be disposed
of as other fractional townships.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-40)
Sec. 5-40.
Township names.
Townships shall be named in accordance with the
express wish of the inhabitants of the township. If there is not a degree of
unanimity as to the name, the commissioners may designate the name. The county
board may change the name of any township in its county upon a petition of a
majority of the voters of the township. No 2 townships in the State shall have
the same name.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-45)
Sec. 5-45.
Commissioners' report.
The commissioners shall make a written
report of their proceedings, giving the names and bounds of each township. They
shall present the report to the county clerk on or before the first day of
March next succeeding.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-50)
Sec. 5-50.
Abstract of commissioners' report.
The county clerk shall, within
30 days after receiving the commissioners' report, transmit by mail to the
Secretary of State an abstract of the report. The abstract shall give the
bounds of each township and the name designated for each township. The clerk
shall record the commissioners' report in a book kept for that purpose.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-55)
Sec. 5-55. Duplicate township names. If the Secretary of State, on comparing
the abstracts of the reports from the several counties, finds that any 2 or
more townships within a single county are named alike, he or she shall so inform the clerk of the county. The county board of that county shall, at its next
meeting, adopt for one of the townships a different name. When the name is adopted,
the county clerk shall inform the Secretary of State as provided in Section
5-50.
(Source: P.A. 102-148, eff. 7-23-21.)
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(60 ILCS 1/5-60)
Sec. 5-60.
Record of township names and boundaries.
The Secretary of State
shall keep a record of the names and boundaries of the several townships.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-65)
Sec. 5-65.
Township election.
The township election shall be scheduled in
accordance with and conducted in the manner required by the Election Code.
(Source: P.A. 87-471; 88-62.)
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(60 ILCS 1/5-70)
Sec. 5-70.
Refusal to organize township; annexation.
(a) If any township refuses or neglects to organize and elect township
officers, the county board of the county may order another election for that
purpose at the time of the next regular election scheduled under the general
election law. The county board shall appoint qualified residents of the
township to serve in the township offices and to perform the duties and possess
all the rights and powers of those offices until the regular election of
officers provided in this Code.
(b) If the township does not then organize and elect officers, the county
board may, at any regular or special meeting, appoint the necessary officers
for the township. The persons so appointed shall hold their offices until the
next annual township meeting and until their successors are elected or
appointed and qualified.
(c) If the persons appointed under subsection (b) fail to qualify as required
by law or if, at any time after the organization of the township, the electors
of the township refuse to elect or appoint officers or to exercise the powers
required by law, the county board may annex the township to an adjoining
township. The township so annexed shall thereafter constitute a part of the
township to which it is annexed.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/5-75)
Sec. 5-75.
Township co-extensive with city or village.
When, in any county
under township organization, there is any territory co-extensive with the
limits of a city or village situated in the county and not included within any
organized township, that territory shall constitute a township by the name of
the city or village. All provisions of this Code shall apply to the township so
constituted, the same as if it had been organized under this Article in the
case of the organization of new townships.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/7-27) (This Section was renumbered Section 70-27 in P.A. 101-81) Sec. 7-27. (Renumbered).
(Source: P.A. 100-983, eff. 1-1-19. Renumbered by P.A. 101-81, eff. 7-12-19.) |
(60 ILCS 1/Art. 10 heading) ARTICLE 10.
ALTERATION
OF TOWNSHIP BOUNDARIES BY
COUNTY BOARD
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(60 ILCS 1/10-5)
Sec. 10-5.
County board powers.
The county board of each county, except as
provided in Article 15, may (i) alter the boundaries of townships, (ii) change
township lines, (iii) divide, enlarge, consolidate, and create new townships in
its county, (iv) make alterations of the township boundaries, and (v) create a
new township whenever, in any territory of not less than 36 square miles or
possessing an equalized assessed valuation for taxation purposes of not less
than $6,000,000 for the preceding 2 years, three-fourths or more of the voters
residing in the territory petition for a new township. The new territory
proposed to be organized into a new township shall, however, contain at least
200 legal voters, and the respective remaining portions of each of the
townships from which the new township is taken shall also contain at least 200
legal voters and shall either contain not less than 36 square miles or possess
an equalized assessed valuation for taxation purposes of not less than
$6,000,000 for the preceding 2 years. The county board, however, before taking
any final action in any of the matters relating to any of these townships,
shall hold a public hearing on those matters after notice of the hearing has
been published at least 3 times in a newspaper having a general circulation in
the townships affected. The first of the notices shall be published at least 60
days before the date of the hearing. No incorporated town, however, may be
divided unless the proposition has been certified to the appropriate election
authorities, the referendum is held in accordance with the general election
law, and consent to the division is given by a majority of all the electors in
the incorporated town voting on the proposition.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-10)
Sec. 10-10.
Election in new township.
When 2 or more townships are united
into one, or when a township is divided into 2 or more townships, a new
election shall be ordered in the new township or townships by the county board
and held at the time scheduled under the general election law for the holding
of township elections. The election shall be conducted in the manner prescribed
by the general election law. When parts of several townships are taken to make
a new township, an election need not be ordered in the townships from which
territory is taken. If, however, any officer of one of those townships
continues to reside in the new township, his or her office shall be declared
vacant and filled as in other cases of vacancy.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-15)
Sec. 10-15.
Terms of officers of new township.
The officers elected or
appointed at a township meeting shall hold their offices until the next annual
township meeting and until their successors are elected and qualified.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-20)
Sec. 10-20.
Detachment of part of township.
(a) If any township lies partly within and partly without any city, village,
or incorporated town and both the city, village, or incorporated town and the
township are charged with the duty of providing relief and support to poor and
indigent persons in the territory lying within both the township and the city,
village, or incorporated town, the county board may upon its own motion detach
the part of the township within the city, village, or incorporated town and may
annex the detached part to one or more townships wholly within the city,
village, or incorporated town.
(b) The township officers of any township from which territory is detached
shall continue as officers of the township until the expiration of the
respective terms for which they were elected or appointed and until their
successors are elected or appointed and qualified, without regard to
whether they reside in the township or the territory detached from the
township.
(c) All property belonging to the township from which territory is
detached and all debts of that township before the detachment shall
respectively remain the sole property and obligations of that
township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-25)
Sec. 10-25. Plan for changes in townships.
(a) The county board of each county may, subject to a referendum in the
townships affected as provided in this Section, adopt a plan for altering the
boundaries of townships, changing township lines, dividing, enlarging, or
consolidating townships, or creating new townships, so that each township shall
possess an equalized assessed valuation of not less than $10,000,000 as of the
1982 assessment year.
(b) No alteration or change in boundaries shall be effective unless
approved by a referendum in each township affected. The election authority
shall submit to the voters of each township affected, at a regular
election to be held not less than 60 days after the plan is adopted,
the question of approving the alteration or change. The alterations or changes,
if approved by the voters, shall take effect on the date of the next township
election and shall be applicable to that election. If there is doubt as to the
township clerk with whom nomination papers for that election should be filed,
the county board shall designate the clerk. In the alteration of boundaries, a
county board may not disturb urban or coterminous townships in existence on
October 1, 1978.
(Source: P.A. 100-107, eff. 1-1-18.)
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(60 ILCS 1/10-30)
Sec. 10-30.
Election after alteration of township boundaries.
When township
boundaries have been altered under this Article, an election for township
officers shall be held in the new townships at the time scheduled under the
general election law for the election of township officers. The election shall
be conducted in the manner prescribed by the general election law.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-35)
Sec. 10-35.
Assessment and collection of taxes.
The union of 2 or more
townships or the division or alteration of a township after the assessor's
books have been made out in any year shall not in any manner affect the
assessment or collection of taxes assessable and collectible in that year, and
those taxes may be assessed and collected in the same manner and by the same
officers as if no division, union, or alteration had taken place. If any
township has territory detached from it under Section 10-20, however, any tax
previously levied by the township for the purpose of caring for poor and
indigent persons for the present fiscal year shall be abated and shall not
be extended by the county clerk.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-40)
Sec. 10-40.
Disposition of township property.
When a township possessing
real estate is divided into 2 or more townships, the supervisors and assessors
of the several townships constituted by the division shall meet as soon as may
be practicable after the first township meeting subsequently held in those
townships. They may make an agreement concerning the disposition of the
township property and the apportionment of the proceeds as is equitable and may
take all measures and execute all conveyances necessary to carry the agreement
into effect.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-45)
Sec. 10-45.
Meeting of supervisors and assessors.
Except as provided by
Section 10-20, when 2 or more townships possessing real estate are united, or
when a part of any township possessing real estate is annexed to another
township or townships or taken to form a part of a new township, the
supervisors and assessors of the township so united or the township from which
the territory is taken and the supervisors and assessors of the township or
townships to which the territory is annexed or of which it constitutes a part
shall, as soon as may be practicable after the alteration, meet for the purpose
and possess the powers provided in Section 10-40.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-50)
Sec. 10-50.
Apportionment of township personal property.
Except as provided
by Section 10-20, when 2 or more townships, any one or more of which possess or
are entitled to moneys, rights or credits, or other personal estate, are
united, or when a township possessing or entitled to moneys, rights or credits,
or other personal estates is divided or altered, the personal estate, including
moneys, shall be apportioned between the townships interested in that personal
estate by the supervisors and assessors of the townships according to the
amount of taxable property in the township or townships united, divided, or
altered as that amount existed immediately before the union, division, or
alteration. That amount shall be ascertained by the last assessment list of
the township or townships. The supervisors and assessors shall meet for this
purpose as soon as may be practicable after the union, division, or alteration.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-55)
Sec. 10-55.
Notice of supervisors and assessors meeting.
Whenever a meeting
of the supervisors and assessors of 2 or more townships is required to carry
into effect the provisions of this Article, the meeting may be called by either
of the supervisors. The supervisor calling the meeting shall give to all the
other officers at least 10 days' written notice of the time and place at which
the meeting is to be held.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-60)
Sec. 10-60.
Cemetery exempt.
Section 10-55 shall not apply to any cemetery
or burial ground. A cemetery or burial ground shall belong to the township
within which it is situated after a division is made.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-65)
Sec. 10-65.
Apportionment of township debts.
Except as provided by Section
10-20, debts owed by a township or townships united, divided, or altered under
this Article shall be apportioned in the same manner as the personal property
of the township or townships, and each township shall thereafter be charged
with its share of those debts according to the apportionment.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-70)
Sec. 10-70.
Apportionment by court.
If the several townships cannot agree on
a division or apportionment of the real or personal property or debts or any
part of the property or debts as provided in Sections 10-40 through 10-65, the
dispute shall be submitted to the circuit court of the county. The court shall
hear and determine the matter in a summary manner, without pleadings, and shall
pronounce judgment as the right of the case may be.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/10-75)
Sec. 10-75.
Inapplicability.
This Article does not apply to multi-township
jurisdictions for assessment purposes as provided in Sections 2-5 through
2-30 and Sections 2-70 and 9-30 of the Property Tax Code, and the establishment
or discontinuance of or withdrawal from a multi-township assessment district is
not an alteration of the boundaries of any township, a change in township
lines, a division, enlargement, or consolidation of any township, or the
creation of a new township for purposes of this Code.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 15 heading) ARTICLE 15.
TOWNSHIP WITHIN
A CITY
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(60 ILCS 1/15-5)
Sec. 15-5.
Township within city; organization; petition; hearing.
(a) The county board in any county under township organization, by
resolution, may provide (i) that the territory embraced within any city in the
county, if the territory has a population of not less than 3,000, shall be
organized as a township or (ii) that the territory of any city having a
population of not less than 15,000 and composed of portions of 2 or more
townships may be organized into a new township under the name designated in a
petition under subsection (b). The city shall be known as a coterminous city.
(b) The county board shall take no action by way of resolution as to any
territory under the provisions of clause (i) or (ii) of subsection (a) unless a
petition requesting that action, signed by at least 200 voters of the
city, has been presented to the county board and the board has held a public
hearing on the petition. Notice of the hearing shall be published at least 3
times in a newspaper published in the city or, if there is none, in a newspaper
published in the county and having a general circulation in the territory
described in the petition. The first notice shall be published at least 60 days
before the date of the hearing.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-10)
Sec. 15-10.
Disconnection of territory from township; annexation to
adjacent township. Until the effective date of this amendatory Act of
1997,
whenever a township is organized under this Article and any
of the territory of the city not more than one-half square mile in extent and
containing not more than 50 inhabitants is disconnected from the city,
the
county board may, by resolution, upon receiving a certified copy of the
resolution or ordinance of the city disconnecting the territory and after a
public hearing on the matter following notice given as provided in Section
15-5, disconnect the territory from the township and annex it to an adjacent
township or townships.
Whenever a township is organized under this Article and any of the
territory of the city is, after the effective date of this
amendatory Act of 1997, disconnected from the city by court order or ordinance,
the territory
shall automatically be disconnected from the otherwise coterminous township and
connected to the adjacent township, and the transfer of the territory shall not
affect the city's status as a city with a coterminous township.
If disconnection is pursuant to court order, the petitioning party in the
cause shall, within 30 days of the entry of an order permitting disconnection,
serve a copy of the order upon the coterminous township, the adjacent
township, and the county clerk by certified mail, return receipt requested, and
shall file proof of the service with the circuit clerk. Upon objection by
either the coterminous township or the adjacent township within 180 days after
the enactment of the ordinance or after service of the court order,
the county board may, after receiving a certified copy of
the court order or ordinance and after a public hearing on the matter following
notice given as provided in Section 15-5, pass an ordinance annulling the
automatic disconnection of territory from the coterminous township. The action
by the county board shall not affect the disconnection of territory from the
city, but shall cause the territory to remain in the coterminous township. The
annulling by the county board of the automatic disconnection of territory from
the coterminous township shall not affect the city's status as a city with a
coterminous township.
(Source: P.A. 90-481, eff. 8-17-97.)
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(60 ILCS 1/15-15)
Sec. 15-15.
Annexation of territory by coterminous city; referendum.
(a) Whenever a city that is coterminous with a township has voted to annex
any territory in an adjacent township, the city clerk shall, by registered or
certified mail, file a certified copy of the annexation ordinance with the
clerk of the township in which the proposed disconnection is to take place.
Except as otherwise provided in this Article, if, within 45 days after the date
of mailing notification, the township board of the township from which the
territory is to be disconnected determines by a majority vote of those board
members then holding office that the disconnection would not be in the best
interests of that township, the board may request that a referendum approving
or disapproving the disconnection be held in that township. The city, its
coterminous township, and the adjacent township may, however, agree by
intergovernmental agreement and without the necessity of a referendum that the
territory shall remain part of the adjacent township and shall not become part
of the township that is coterminous with the municipality.
(b) The township clerk of the adjacent township shall, within 30 days after
the vote of the township board of the adjacent township, certify the
proposition to disconnect the territory from the adjacent township to the
proper election officials and the city clerk of the annexing city. The
election officials shall submit the proposition to the voters of the township
requesting the referendum at an election in accordance with the general
election law. The proportionate cost of the election shall be borne by the
township requesting the election.
(c) The proposition shall be substantially in the following form:
Shall (name of township) include the following | ||
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The votes shall be recorded as "Yes" or "No".
(d) If a majority of those voting on the proposition in the township vote in
favor thereof, the territory shall be disconnected from the adjacent
township and connected to the township that is coterminous with the city.
Only upon that connection shall any debts and liabilities of the
territory be taken over by the coterminous township.
(e) If a majority of those voting on the proposition do not vote in favor of
it, the territory shall remain with the adjacent township. If, however, at any
time after a majority of those voting do not vote in favor of the proposition,
the township board of the township in which the proposed disconnection was to
take place determines that the disconnection would be in the best interest of
that township, the board may request that another referendum approving or
disapproving that same disconnection be held in that township. The referendum
shall be conducted in accordance with the general election law.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-17) Sec. 15-17. Township officer after disconnection. A township officer of a township from which territory is disconnected shall continue as an officer of the township until the expiration of the term for which he or she was elected or appointed and until a successor is elected or appointed and qualified, without regard to whether the township officer resides in the township or the territory disconnected from the township.
(Source: P.A. 94-529, eff. 8-10-05.) |
(60 ILCS 1/15-20)
Sec. 15-20.
Failure of proposition to disconnect; status quo.
Where the proposition to disconnect the territory fails and it remains
with the adjacent township, the status quo and operation of a township and
the officers of a township coterminous with a city at the time provided for
in this Article is not to be affected. Where the proposition to disconnect
fails, the status quo of a council of a city that is coterminous with a
township at the time provided for in this Article and that already is vested
with the authority to exercise all powers vested in that township is not
affected. Where a city coterminous at the time provided for in this Article
has provided by operation of law that certain offices of the city and the
coterminous township shall be united in the same person, or that the office and
election of highway commissioners shall be discontinued, that provision shall
continue to be the case after the proposition to disconnect the territory
fails. Where the proposition to disconnect fails, vacancies in any of the
township offices in a township coterminous at the time provided for in
this Section may continue to be filled by the city council. Where the
proposition to disconnect fails or the city, its coterminous township, and the
adjacent township agree by intergovernmental cooperation agreement that the
territory shall remain part of the adjacent township, the city may annex the
territory and by doing so does not relinquish its status as a city with a
coterminous township.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-25)
Sec. 15-25.
Parcel annexed less than 1% of total equalized assessed
value of adjacent township. Within any 12 month period beginning on the date of
a coterminous city's first annexation after August 11, 1986, when any parcel of
territory lying in an adjacent township is annexed by the city and the parcel
constitutes less than 1% of the total equalized assessed value of the adjacent
township, and until all such parcels annexed during each such annual period
constitute 1% or more of the total equalized assessed value of the adjacent
township, each separate parcel shall become disconnected from that township and
included in the coterminous township without having the proposition to
disconnect submitted to the voters in the adjacent township.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-30)
Sec. 15-30. Payment for property taxes collected by coterminous city. After August 11, 1986, whenever territory is disconnected from a township
and connected to a coterminous township before the effective date of this amendatory Act of the 94th General Assembly, the coterminous city shall
provide, on or before December 31 of each year for a period of 10 years, to
the township from which the territory was disconnected an amount equal to
the real estate tax that was collected on the property in the tax year
immediately preceding the disconnection. Whenever territory is disconnected from a township and connected to a coterminous township on or after the effective date of this amendatory Act of the 94th General Assembly, the coterminous city shall provide to the township from which the territory was disconnected, for a period of 10 years: (i) no later than 60 days after the first due date for real estate taxes in that county for that tax year, an amount equal to at least 50% of the real estate tax that was collected on the property in the tax year immediately preceding the disconnection and (ii) on or before December 31 of each year an amount equal to 50% of the real estate tax that was collected on the property in the tax year immediately preceding the disconnection.
(Source: P.A. 94-529, eff. 8-10-05.)
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(60 ILCS 1/15-35)
Sec. 15-35.
Automatic annexation of certain territory; exception;
reconnection to adjacent township.
(a) If, on August 11, 1986, any unincorporated territory in a township that
is adjacent to a township that is coterminous with a city (i) is wholly bounded
by the coterminous township or (ii) is bounded solely by the coterminous
township and (A) a river or lake, (B) property owned by the State of Illinois
(except highway right-of-way owned in fee by the State), (C) a forest preserve
district, or (D) the Illinois State boundary, that territory shall
automatically, by operation of law, become annexed to
the city, disconnected from the adjacent township, and included in the
coterminous township without having the proposition to disconnect submitted
to the voters in the adjacent township, except that when the unincorporated
territory is, and as long as it remains, predominantly agricultural in
nature, the automatic annexation shall not occur.
(b) Any territory automatically annexed by operation of law to a city
coterminous with a township under this Section, if the sale of
alcoholic beverages is permitted in the territory and that sale is not
permitted in the coterminous township and city, shall, on June 30, 1987, be
disconnected from the city and its coterminous township and reconnected to the
township from which it was originally disconnected.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-40)
Sec. 15-40.
Parcel with township hall and maintenance building; reconnection
to adjacent township. Any parcel of land owned by a township on which both a
township hall and a maintenance building are located and that consists of the
entire territory that was annexed by operation of law to a city coterminous
with a different township under this Article shall, on September 1, 1988, be
disconnected from the city and its coterminous township and reconnected to the
township from which it was originally disconnected.
(Source: P.A. 86-1299; 87-1197; 88-62.)
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(60 ILCS 1/15-45)
Sec. 15-45.
Territory deemed a township.
The territory of any organized
city, within the limits of any county under township organization and not
situated within any township, shall be deemed a township.
(Source: Laws 1877, p. 212; P.A. 88-62.)
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(60 ILCS 1/15-50)
Sec. 15-50.
Powers exercised by city council.
All the powers vested in the
township described in Section 15-45, including all the powers now vested by law
in the highway commissioners of the township and in the township board of the
township, shall be exercised by the city council. The city council shall
perform the duties of a township or multi-township board in relation to the
township or multi-township assessor as provided in the Property Tax Code.
By a resolution passed by a three-fourths vote, the city council of any
home
rule municipality may
cease to exercise the powers of the township board. Vacancies within the
offices of township clerk,
township collector, and board of trustees resulting from the city council's
action shall be filled in
accordance with the general election law for the holding of township elections.
Any action taken under
this Section shall not alter the rights and duties of the township supervisor
as chief executive officer of the
township or of any other duly elected township officials.
(Source: P.A. 90-698, eff. 8-7-98.)
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(60 ILCS 1/15-55)
Sec. 15-55.
Combining offices.
The city council in a city and township
described in Section 15-45 may by ordinance provide (i) that the offices of
city and township clerk are united in the same person, (ii) that the offices of
city treasurer and township collector are united in the same person, and (iii)
that the office and election of highway commissioners shall be discontinued. In
any combination of offices under this Section, the combined office shall be
filled in the manner provided by law for filling the office of city clerk or
city treasurer, as the case may be. The township supervisor shall be, ex
officio, supervisor of general assistance.
(Source: Laws 1951, p. 2014; P.A. 88-62.)
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(60 ILCS 1/15-60)
Sec. 15-60.
Vacancies.
Vacancies in any township office within a city and
township described in Section 15-45 may be filled by the city council as
provided in Section 60-5.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/15-65)
Sec. 15-65.
Inapplicability.
Notwithstanding any provisions of this Article
to the contrary, this Article has no application to the office of township
assessor in townships organized under this Article that are situated in
counties of 500,000 or more.
(Source: Laws 1947, p. 1729; P.A. 88-62.)
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(60 ILCS 1/15-70) Sec. 15-70. City council meetings; township business. The city council of any coterminous city located in a county with a population of less than 1,000,000 may, by the affirmative vote of three-fourths of its members, authorize the township supervisor to preside over portions of city council meetings when the city council is exercising powers that would ordinarily be exercised by the township board in a township not organized under this Article. While the township supervisor is presiding, the supervisor has one vote and the mayor has no vote.
(Source: P.A. 96-241, eff. 8-11-09.) |
(60 ILCS 1/Art. 20 heading) ARTICLE 20.
CONSOLIDATION OF
TOWNSHIPS WITHIN CITY
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(60 ILCS 1/20-5)
Sec. 20-5.
Consolidation of townships within city; petition and referendum.
When the territory of any city in a county under township organization is
composed of 5 or more congressional townships or fractional parts of
congressional townships and the legal voters of the city want to organize the
territory into one township, upon a petition of at least one-tenth of the legal
voters of the city (to be ascertained by the votes cast at the last preceding
presidential election), the county board of the county shall order submitted to
the voters of the city, in accordance with the general election law, at the
next general election, the question of consolidation of the territory included
in the city into one township. The board shall certify the proposition
to the proper election officials, who shall submit the proposition at the
general election in accordance with the general election law. The proposition
shall be in substantially the following form:
Shall (names or descriptions of congressional | ||
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The votes shall be recorded as "Yes" or "No".
(Source: P.A. 81-1489; 88-62.)
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(60 ILCS 1/20-10)
Sec. 20-10.
Election results.
(a) The county clerk shall enter an abstract of the returns of the election
held under Section 20-5, made out and certified as in an election for county
officers, and shall record the abstract at length upon the records of the
county.
(b) If a majority of the votes are in favor of consolidating all of the
townships and fractional parts of townships in the city into one organized
township, then at the next regular election for township officers there shall
be elected one set of township officers for the territory in the city.
(Source: P.A. 81-1490; 88-62.)
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(60 ILCS 1/20-15)
Sec. 20-15.
Assessor.
For purposes of the election or appointment of a
township or multi-township assessor, a township organized under this Article is
subject to Sections 2-5 through 2-30 and Sections 2-70 and 9-30 of the
Property Tax Code.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 22 heading) ARTICLE 22. CONSOLIDATION OF MULTIPLE TOWNSHIPS
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/22-5) Sec. 22-5. Resolution for consolidation; notice. (a) Notwithstanding any other provision of law to the contrary, the township boards of any 2 or more adjacent townships may, by identical resolutions of each board, propose consolidation by referendum: (i) into a new township; or (ii) into an existing township. Each resolution shall include, but is not limited to, the following: (1) the name of the proposed new consolidated | ||
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(2) a description of how each road district or road | ||
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(3) the names of all townships that will be | ||
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(4) the date of the general election at which the | ||
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All resolutions shall be passed not less than 79 days before the general election stated in the resolutions. For purposes of this Section, 3 or more townships are adjacent when each township shares a boundary with at least one of the other townships which are to be consolidated. (b) Before passing a resolution under subsection (a), each township board shall hold a public hearing on those matters after notice of the hearing has been published on the main page of the townships' websites, if any, and in a newspaper having a general circulation in the townships affected. The notice shall be published at least 30 days before the date of the hearing. The notice shall contain, at a minimum, the name of all townships that will be consolidating and a description of the area of consolidation.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/22-10) Sec. 22-10. Referendum. (a) Upon the adoption of resolutions under Section 22-5 by each township, the township boards shall certify the question to the election authority and the authority shall cause to be submitted to the voters of each township at the general election specified in the resolutions a referendum to consolidate the townships. The referendum shall be substantially in the following form: Shall (names of townships) be consolidated into [a | ||
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The votes shall be recorded as "Yes" or "No". The referendum is approved when a majority of the voters, in each of the affected townships, approve the referendum. (b) Before a referendum appears on the ballot under subsection (a), each township board shall publish a copy of the adopted resolution on the main page of the townships' websites, if any, and in a newspaper having a general circulation in each of the townships affected. The notice shall be published at least 30 days before the date of the general election in which the referendum will appear. Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language and a list of all taxes levied for general township purposes in the affected townships, to every registered voter in each township affected. The notice shall be mailed at least 30 days before the date of the general election in which the referendum will appear. (c) Notwithstanding any provision of law to the contrary, no tax rate may be extended for any fund of the consolidated district for the first levy year of the consolidated district that exceeds any statutory maximum set forth for that fund, unless the referendum also conforms to the requirements of the Property Tax Extension Limitation Law or other statutory provision setting forth that limitation.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/22-15) Sec. 22-15. Transition. Notwithstanding any other provision of law to the contrary, upon the approval of a referendum under Section 22-10: (a) There shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of any of the separate townships or highway commissions, and the terms of all such officers currently serving shall continue until the third Monday of May of the year in which township officials are elected next following the approval of a referendum under Section 22-10. (b) A Transition Township Board is formed and is composed of the members of the separate townships boards. The Transition Township Board has only the following powers: (1) to propose and approve the compensation of all officials of the consolidated township that will be elected at the consolidated election next following the passage of the referendum under Section 22-10; and (2) to propose and approve additional debt to be taken on by any of the separate townships. (c) The Transition Township Board shall hold a public hearing no later than the last Tuesday in December before the consolidated township board of trustees are elected next following the approval of a referendum under Section 22-10. If the Board cannot agree on the compensation for an official by the first Tuesday in April before the consolidated election of township officials next following the approval of a referendum under Section 22-10, then the compensation for that official shall be equal to the lowest compensation for the same office between the separate townships in the preceding calendar year. (d) The separate townships shall not incur any additional debt without the approval of the Transition Township Board. For purposes of this Section, "debt" has the meaning ascribed to that term in Section 23-5. (e) Section 3-7 of the Election Code shall govern those individuals entitled to caucus, vote for, be nominated for, and run for offices for the consolidated township at the consolidated election of township officials next following the approval of a referendum under Section 22-10.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/22-20) Sec. 22-20. Consolidated township. (a) On the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 22-10, the following shall occur: (1) the separate townships cease and the | ||
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(2) all rights, powers, duties, assets, and | ||
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(3) road districts located within the separate | ||
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(b) When a new township is created, a new road district encompassing the consolidated township is created. All the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the separate road districts shall vest in and be assumed by the new road district as provided for in the resolutions adopted under Section 22-5. The new township board of trustees shall exercise the taxing authority of a road district abolished under this Section. The highway commissioners of the abolished road districts shall cease to hold office on the date the road district is abolished. The new township board shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. For purposes of distribution of revenue, the new township shall assume the powers, duties, and obligations of the road district of the dissolving road district. The new township board may enter into a contract with the county, a municipality, or a private contractor
to administer the roads under the new road district. (c) When a township consolidates into an existing township, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the abolished road districts shall vest in and be assumed by the existing township's road district as provided for in the resolutions adopted under Section 22-5. The consolidated township board of trustees shall exercise the taxing authority of a road district abolished under this Section. Highway commissioners of the abolished road districts shall cease to hold office on the date the road district is abolished. The consolidated township shall exercise all duties and responsibilities of the highway commissioner as provided in the Illinois Highway Code. For purposes of distribution of revenue, the existing township's road district or districts shall assume the powers, duties, and obligations of the road district of the dissolving road district.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/Art. 23 heading) ARTICLE 23. MERGER OF A SINGLE TOWNSHIP INTO 2 OTHER TOWNSHIPS
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/23-5) Sec. 23-5. Definitions. As used in this Article: "Dissolving road district" means a road district in a dissolving township, which is dissolved under subsection (c) of Section 23-25. "Dissolving township" means a township which is proposed to be dissolved into and be merged with 2 other adjacent townships. "Equalized assessed value" has the meaning provided in Section 18-213 of the Property Tax Code. "Debt" means indebtedness incurred by a dissolving township including, but not limited to, mortgages, judgments, and moneys due through the issuance and sale of bonds, or through an equivalent manner of borrowing for which notes or other evidences of indebtedness are issued fixing the amount of principal and interest from time to time payable to retire the indebtedness. "Receiving township" means a township into which a portion of the dissolving township will be merged.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/23-10) Sec. 23-10. Resolution for merger; notice. (a) Notwithstanding any other provision of law to the contrary, the township boards of any 3 adjacent townships may, by identical resolutions of each board, propose that a township which borders the other 2 townships be dissolved by referendum and all rights, powers, duties, assets, and property, together with all personnel, contractual obligations, other obligations, responsibilities, and liabilities of the dissolving township transferred to the receiving townships. Each resolution shall include, but is not limited to, the following: (1) a legal description of the former territory of | ||
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(2) a description of how all assets and property, | ||
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(3) the tax rates for general township purposes for | ||
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(4) a description and amount of all debt each | ||
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(5) a description of how each road district or road | ||
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(6) the date of the general election at which the | ||
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All resolutions shall be passed not less than 79 days before the general election stated in the resolutions. (b) Before passing a resolution under this Section, each township board shall hold a public hearing on those matters after notice of the hearing has been published on the main page of the townships' websites, if any, and in a newspaper having a general circulation in the townships affected. The notice shall be published at least 30 days before the date of the hearing. The notice shall contain, at a minimum, the name of the dissolving township and receiving townships and a description of the area each receiving township will receive from the dissolving township.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/23-15) Sec. 23-15. Referendum and notices. (a) Upon the adoption of resolutions under Section 23-10 by all townships, the township boards shall certify the question to the election authority and the authority shall cause to be submitted to the voters of all townships at the general election specified in the resolutions a referendum to consolidate the townships. The referendum shall be substantially in the following form: Shall (name of dissolving township) be dissolved into | ||
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The votes shall be recorded as "Yes" or "No". The referendum is approved when a majority of the voters, in each of the affected townships, approve the referendum. (b) Before a referendum appears on the ballot under subsection (a), the township boards shall publish a copy of the adopted resolution on the main page of the townships' websites, if any, and in a newspaper having a general circulation in each of the townships affected. The notice shall be published at least 30 days before the date of the general election. Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language and a list of all taxes levied for general township purposes in the affected townships, to every registered voter in each township affected. The notice shall be mailed at least 30 days before the date of the general election in which the referendum will appear. (c) Notwithstanding any provision of law to the contrary, no tax rate may be extended for any fund of the consolidated district for the first levy year of the consolidated district that exceeds any statutory maximum set forth for that fund, unless the referendum also conforms to the requirements of the Property Tax Extension Limitation Law or other statutory provision setting forth that limitation.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/23-20) Sec. 23-20. Transition. (a) Notwithstanding any other provision of law to the contrary, upon the approval of a referendum under Section 23-15: (1) there shall be no further nominations or | ||
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(2) a Transition Township Board is formed for each | ||
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(3) each Transition Township Board shall hold a | ||
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(4) the dissolving township shall not incur any | ||
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(5) Section 3-7 of the Election Code shall govern | ||
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(b) Upon the approval of a referendum under Section 23-15, the receiving townships may enter into an intergovernmental agreement under the Intergovernmental Cooperation Act for any lawful purpose relating to the land or property contained in the dissolving township after the township is dissolved.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/23-25) Sec. 23-25. Merged township. On the third Monday of May of the year in which township officials are elected following the approval of a referendum under Section 23-15, the following shall occur: (a) The dissolving township ceases. (b) All rights, powers, duties, assets, and | ||
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(c) Road districts located within the dissolving | ||
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(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/Art. 24 heading) ARTICLE 24. DISSOLUTION OFTOWNSHIPS IN
MCHENRY COUNTY
(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-10) Sec. 24-10. Definition. As used in this Article, "electors" means the registered voters of any single township in McHenry County.
(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-15) Sec. 24-15. Dissolving a township in McHenry County. By resolution, the board of trustees of any township located in McHenry County may submit a proposition to dissolve the township to the electors of that township at the election next following in accordance with the general election law. The ballot shall be as provided for in Section 24-30.
(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-20) Sec. 24-20. Petition requirements; notice. (a) Subject to the petition requirements of Section 28-3 of the Election Code, petitions for a referendum to dissolve a township located in McHenry County must be filed with the governing board of the township, the county board of McHenry County, and the McHenry County Clerk not less than 122 days prior to any election held throughout the township. Petitions must include:
(1) the name of the dissolving township;
(2) the date of dissolution; and
(3) signatures of a number of electors as follows: | ||
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(b) The proposed date of dissolution shall be at least 90 days after the date of the election at which the referendum is to be voted upon.
(c) If a valid petition is filed under subsection (a), then the McHenry County Clerk shall, by publication in one or more newspapers of general circulation within the county and on the county's website, not less than 90 days prior to the election at which the referendum is to be voted on, give notice in substantially the following form: NOTICE OF PETITION TO DISSOLVE (dissolving township).
Residents of (dissolving township) and McHenry County are | ||
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(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-25) Sec. 24-25. Ballot placement. A petition that meets the requirements of Section 24-20 shall be placed on the ballot in the form provided for in Section 24-30 at the election next following.
(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-30) Sec. 24-30. Referendum; voting. (a) Subject to the requirements of Section 16-7 of the Election Code, the referendum described in Section 24-25 shall be in substantially the following form on the ballot: Shall the (dissolvingtownship), together with any roaddistricts wholly within the YESboundaries of (dissolvingtownship), be dissolved on (date --------------of dissolution) with all ofthe township and road districtproperty, assets, personnel, NOobligations, and liabilities beingtransferred to McHenry County? (b) The referendum is approved when a majority of those voting in the election from the dissolving township approve the referendum.
(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/24-35) Sec. 24-35. Dissolution; transfer of rights and duties. When the dissolution of a township has been approved under Section 24-30:
(1) On or before the date of dissolution, all real | ||
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After the transfer of property to the county under | ||
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(2) On the date of dissolution, the dissolving | ||
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(3) On and after the date of dissolution, all | ||
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(4) The McHenry County Board shall not extend a | ||
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A tax levy extended under this paragraph may be used | ||
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(5) All road districts wholly within the boundaries | ||
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(6) The county board of McHenry County shall give | ||
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(7) On the date of dissolution of the township or | ||
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(Source: P.A. 101-230, eff. 8-9-19.) |
(60 ILCS 1/Art. 25 heading) ARTICLE 25.
DISCONTINUANCE
OF TOWNSHIP ORGANIZATION
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(60 ILCS 1/25-5)
Sec. 25-5.
Petition and referendum to discontinue township organization.
Upon the petition of at least 10% of the registered voters of
each
township of a county, as
determined on the date registration closed before the regular election next
preceding the last day on which the petition may be filed, that
has adopted township organization, the county board shall certify and
cause to be submitted to the voters of the county, at the next general
election, the question of the continuance of township organization. A
signature on a petition shall not be valid or counted in considering the
petition unless the form requirements are complied with and the date of each
signature is less than 90 days before the last day for filing the petition.
The statement of the person who circulates the petition must include an
attestation (i) indicating the dates on which that sheet was circulated, (ii)
indicating the first and last date on which that sheet was circulated, or (iii)
certifying that none of the signatures on the sheet was signed more than 90
days before the last day for filing the petition. The proposition shall be
substantially in the form:
Shall township organization be continued in (name of | ||
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The votes shall be recorded as "Yes" or "No".
The petition shall be treated and the proposition certified in the manner
provided by the general election law. After the proposition has once been
submitted to the electorate, the proposition shall not be resubmitted for 4
years.
(Source: P.A. 89-235, eff. 8-4-95; 90-112, eff. 1-1-98.)
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(60 ILCS 1/25-10)
Sec. 25-10.
Cessation of township organization.
If it appears by the returns
of the election that a majority of the votes in at least three-fourths of the
townships, containing at least a
majority of the population in the county, cast on the
question of the
continuance of township organization at the election are against the
continuance of township organization, then township organization shall cease in
the county as soon as a county board is elected and qualified. All laws
relating to counties not under township organization shall be applicable to the
county, the same as if township organization had never been adopted in it.
(Source: P.A. 88-62; 89-365, eff. 8-18-95.)
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(60 ILCS 1/25-15)
Sec. 25-15. Selection of county governing body; election. When township organization
ceases in any county as provided in this Article, the county board may by ordinance or resolution restructure into a commission form of government on or before 180 days after a township organization ceases. If the county board votes to assume a commission form of government, an election shall be held in
the county at the next general election in an even-numbered year for 3 county
commissioners who shall hold office for 2, 4, and 6 years, respectively, and
until their successors are elected and qualified. Terms shall be determined by
lot. At each succeeding general election after the first, one commissioner
shall be elected.
(Source: P.A. 100-107, eff. 1-1-18.)
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(60 ILCS 1/25-20)
Sec. 25-20.
County commissioners' assumption of duties.
The county
commissioners elected under Section 25-15 shall assume the duties of their
office on the first Monday of the month following their election. They shall
be the legal successors to the county board of the county and shall have all
the rights and emoluments, and be subject to all the liabilities as provided in
other cases of counties not under township organization.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/25-25)
Sec. 25-25. Disposal of township records and property. When township
organization is discontinued in any county, the records of the several
townships shall be deposited in the county clerk's office. The county
board or board of county commissioners of the county may close up all unfinished business of the several
townships and sell or dispose of any of the property belonging to a township
for the benefit of the inhabitants of the township, as fully as might have been
done by the townships themselves. The county board or board of county commissioners may pay all the
indebtedness of any township existing at the time of the discontinuance of
township organization and cause the amount of the indebtedness, or so much as
may be necessary, to be levied upon the property of the township.
(Source: P.A. 100-107, eff. 1-1-18.)
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(60 ILCS 1/Art. 27 heading) ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY:
COUNTY POPULATION OF 3 MILLION OR MORE (Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.) |
(60 ILCS 1/27-5) Sec. 27-5. Applicability. This Article shall apply only to a township that: (1) is within a coterminous, or substantially coterminous, municipality in which the city council exercises the powers and duties of the township board, or in which one or more municipal officials serve as an officer or trustee of the township; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of 7 square miles or more.
(Source: P.A. 98-127, eff. 8-2-13.) |
(60 ILCS 1/27-10) Sec. 27-10. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon adoption of an ordinance by the city council of a township described under Section 27-5 of this Article, or upon petition of at least 10% of the registered voters of that township, the city council shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to discontinue and abolish the township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous municipality. A signature on a petition shall not be valid or counted in considering the petition unless the form requirements are complied with and the date of each signature is less than 90 days before the last day for filing the petition. The statement of the person who circulates the petition must include an attestation (i) indicating the dates on which that sheet was circulated, (ii) indicating the first and last date on which that sheet was circulated, or (iii) certifying that none of the signatures on the sheet was signed more than 90 days before the last day for filing the petition. The petition shall be treated and the proposition certified in the manner provided by the general election law. After the proposition has once been submitted to the electorate, the proposition shall not be resubmitted for 4 years. The proposition shall be in substantially the following form: Shall the township organization be continued in [Name | ||
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The votes shall be recorded as "Yes" or "No".
(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.) |
(60 ILCS 1/27-15) Sec. 27-15. Cessation of township organization. If a majority of the votes of the township cast are in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease. On the effective date of the discontinuance and abolishment of the township organization, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall by operation of law vest in and be assumed by the coterminous municipality.
(Source: P.A. 98-127, eff. 8-2-13.) |
(60 ILCS 1/27-20) Sec. 27-20. Township officers. Upon the effective date of discontinuance, the coterminous municipality shall exercise all duties and responsibilities of that township officer as provided in the Township Code, the Illinois Public Aid Code, Property Tax Code, and the Illinois Highway Code, as applicable. The coterminous municipality may enter into an intergovernmental agreement or contract with the county or the State to administer the duties and responsibilities of that township officer for services under its jurisdiction.
(Source: P.A. 98-127, eff. 8-2-13.) |
(60 ILCS 1/27-25) Sec. 27-25. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the coterminous municipality's city clerk's office. The coterminous municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the municipality.
(Source: P.A. 98-127, eff. 8-2-13.) |
(60 ILCS 1/Art. 28 heading) ARTICLE 28. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY: SPECIFIED TOWNSHIPS
(Source: P.A. 99-474, eff. 8-27-15.) |
(60 ILCS 1/28-5) Sec. 28-5. Applicability. This Article shall apply only to a township that: (1) is within a coterminous, or substantially coterminous, municipality, (2) is located within St. Clair County, and (3) contains a territory of 23 square miles or more.
(Source: P.A. 99-474, eff. 8-27-15.) |
(60 ILCS 1/28-10) Sec. 28-10. Ordinance to discontinue and abolish a township organization within a coterminous municipality; cessation of township organization. (a) The township board of a township described under Section 28-5 of this Article may adopt an ordinance, with a majority of the votes of the township board, providing that, upon the approval of a coterminous, or substantially coterminous, municipality's corporate authorities, (1) that the township organization shall discontinue and be abolished; and (2) that the township shall transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous, or substantially coterminous, municipality. The corporate authorities of the coterminous, or substantially coterminous, municipality shall adopt an ordinance by a majority vote approving such transfer to the municipality. (b) On the later date of either the (i) approval of an ordinance by a municipality under subsection (a) of this Section, or (ii) expiration of the township officers' terms after passing an ordinance under subsection (a) of this Section, the township is discontinued and abolished and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall by operation of law vest in and be assumed by the municipality, including the authority to levy property taxes for township purposes in the same manner as the dissolved township.
(Source: P.A. 99-474, eff. 8-27-15.) |
(60 ILCS 1/28-15) Sec. 28-15. Coterminous municipality's duties and responsibilities. Upon the effective date of discontinuance and abolishment of the township organization, the coterminous municipality shall exercise all duties and responsibilities of the township officers as provided in the Township Code, the Illinois Public Aid Code, the Property Tax Code, and the Illinois Highway Code, as applicable. The coterminous municipality may enter into an intergovernmental agreement or contract with the county or the State to administer the duties and responsibilities of the township officers for services under its jurisdiction.
(Source: P.A. 99-474, eff. 8-27-15.) |
(60 ILCS 1/28-20) Sec. 28-20. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the coterminous municipality's city clerk's office. The coterminous municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the coterminous municipality.
(Source: P.A. 99-474, eff. 8-27-15.) |
(60 ILCS 1/Art. 29 heading) ARTICLE 29. DISCONTINUANCE OF TOWNSHIP WITHIN COTERMINOUS MUNICIPALITY: ALL TOWNSHIPS
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/29-5) Sec. 29-5. Resolutions to discontinue and abolish a township. The township board and the corporate authorities of a coterminous, or substantially coterminous, municipality may by resolutions of the board and corporate authorities, and after referendum of the voters of the township and municipality: (1) discontinue and abolish the township; (2) transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality; and (3) cease and dissolve all township road districts with the district's jurisdiction and authority transferred to the municipality upon the dissolution of the township.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/29-10) Sec. 29-10. Notice. (a) Before passing resolutions under Section 29-5, the township board and the corporate authorities of the municipality shall hold public hearings on those matters after notice of the hearing has been published on the main page of the respective entities' websites, if any, and in a newspaper having general circulation in the township and municipality. The notice shall be published at least 30 days before the date of the hearing. (b) Before a referendum is placed on the ballot under Section 29-15, each township board shall publish a copy of the resolution adopted under Section 29-5 on the main page of the respective entities' websites, if any, and in a newspaper of general circulation in the township and municipality affected. The notice shall be published at least 30 days before the date of the general election in which the referendum will appear. Each township board shall additionally mail a copy of the adopted resolution, along with a copy of the referendum language, the date the referendum will appear, and a list of all taxes levied in the affected townships, to every registered voter in each township affected. The notice shall be mailed at least 30 days before the date of the election in which the referendum will appear.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/29-15) Sec. 29-15. Referendum for cessation of township. Upon the adoption of resolutions under Section 29-5 by both the township and municipality, the township board and corporate authorities of the municipality shall certify the question to the election authority and the authority shall cause to be submitted to the voters of the township and municipality at the next election a referendum to discontinue the township and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. The referendum shall be substantially in the following form: Shall the Township of (name
of township) cease? The votes shall be recorded as "Yes" or "No". The referendum is approved when a majority of the voters, in both the township and municipality, approve the referendum. If the referendum is approved, there shall be no further nominations or elections for clerks, assessors, collectors, highway commissioners, supervisors, or trustees of the township or highway commission, and the terms of all such officers currently serving shall continue until the third Monday of May of the year of the consolidated election in which township officials are elected next following the approval of a referendum under this Section.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/29-20) Sec. 29-20. Cessation of township. On the third Monday in May in the year of the consolidated election in which township officials are elected next following the approval of a referendum under Section 29-15: (1) the township is discontinued and abolished and | ||
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(2) all township officers shall cease to hold office; (3) the municipality shall exercise all duties and | ||
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(4) any road district located within the township | ||
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(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/29-25) Sec. 29-25. Business, records, and property of discontinued township. The records of a township discontinued under this Article shall be deposited in the municipality's city clerk's office. The municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the municipality.
(Source: P.A. 100-107, eff. 1-1-18.) |
(60 ILCS 1/Art. 30 heading) ARTICLE 30.
ANNUAL
TOWNSHIP MEETING
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(60 ILCS 1/30-5)
Sec. 30-5. Annual township meeting.
(a) The annual township meeting in the respective townships for the
transaction of the business of the township shall be held on the second Tuesday
of April in each year, after 6 p.m., at the place appointed for those
meetings. Elections for
township officers shall be held in accordance with the consolidated schedule of
elections prescribed by the general election law.
(b) Whenever the date designated in subsection (a) conflicts with the
celebration of Passover or Ramadan, the township board may postpone the annual township
meeting to the first Tuesday following the last day of Passover or Ramadan.
(c) Whenever the consolidated election provided for in subsection
(b) of Section 2A-1.1 of the Election Code is rescheduled to the second
Tuesday in April under Section 2A-1.1a of the Election Code, the annual
township meeting shall be held on the third Tuesday in April at the time
designated by the electors or the township board, whichever is appropriate.
(d) If the Governor declares a disaster under Section 7 of the Illinois Emergency Management Agency Act and the disaster declaration is effective during the dates designated for a township's annual meeting under subsection (a), (b), or (c), a township board may postpone the annual meeting if circumstances related to the disaster declaration prevent a township from holding its annual meeting. An annual township meeting postponed under this subsection shall be held on the third Tuesday, after 6 p.m., of the month following the expiration of the disaster declaration. If a subsequent disaster is declared under Section 7 of the Illinois Emergency Management Agency Act prior to or one day after the expiration of the disaster declaration upon which the township board based its decision to postpone the annual meeting and the township board intends to proceed with the annual meeting during this subsequent disaster declaration, the township board must consult with and receive written approval from the county health department in order to proceed with the annual meeting during the course of the subsequent disaster declaration. (Source: P.A. 101-632, eff. 6-5-20; 102-554, eff. 8-20-21.)
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(60 ILCS 1/30-10)
Sec. 30-10. Notice of meeting; agenda. (a) Notice of the time and place of holding the annual and any special
township meetings shall be given by the township clerk (or, in the clerk's absence, the
supervisor, assessor, or collector) by posting written or printed notices in 3
of the most public places in the township at least 15 days before the meeting
and, if there is an English language newspaper published in the township, by at
least one publication in that newspaper before the meeting. The notice shall
set forth the agenda for the meeting.
(b) Agenda. Not less than 15 days before the annual meeting, the township board shall adopt an agenda for the annual meeting. Any 15 or more registered voters in the township may request an agenda item for consideration by the electors at the annual meeting by giving written notice of a specific request to the township clerk no later than March 1 prior to the annual meeting. The agenda published by the township board shall include any such request made by voters if the request is relevant to powers granted to electors under the Township Code. (c) Additional agenda items. Any matter or proposal not set forth in the published agenda shall not be considered at the annual meeting other than advising that the matter may be considered at a special meeting of the electors at a later date. (d) Notice and agenda requirements for an annual township meeting that has been postponed under subsection (d) of Section 30-5 shall be the same as provided in this Section. (Source: P.A. 101-632, eff. 6-5-20.)
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(60 ILCS 1/30-15)
Sec. 30-15.
Place of meeting.
The place of holding township meetings shall
be some convenient place in the township fixed by the township board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-20)
Sec. 30-20. Powers of electors at annual township meeting.
(a) The electors present at the annual township meeting have the powers
enumerated in this Article 30. An elector is a person registered to vote
within the township no less than 28 days before the date of the annual
meeting.
(b) Notwithstanding the provisions of any other Act, except as provided in Section 6-620 of the Illinois Highway Code, before establishing or
increasing any township tax rate that may be established or increased by the
electors at the annual township meeting, a petition containing the signatures
of not less than 10% of the registered voters of the township must be presented
to the township clerk authorizing that action.
(c) Nothing in this amendatory Act of 1983 (Public Act 83-281) shall be
construed to alter existing tax rates.
(Source: P.A. 94-692, eff. 11-3-05.)
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(60 ILCS 1/30-25)
Sec. 30-25.
Exercise of corporate powers.
The electors may take all
necessary measures and give directions for the exercise of their corporate
powers.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-30)
Sec. 30-30.
Time of township meetings.
The electors may fix the hour at
which township meetings are held.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-35)
Sec. 30-35.
(Repealed).
(Source: Repealed by P.A. 88-670; predecessor Section repealed by P.A.
88-294.)
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(60 ILCS 1/30-40)
Sec. 30-40.
(Repealed).
(Source: Repealed by P.A. 88-670; predecessor Section repealed by P.A.
88-294.)
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(60 ILCS 1/30-41)
Sec. 30-41.
Notwithstanding any provision of this Act to the contrary, the
township board of trustees may make contracts relating to insurance. In no
event shall the duration of the contract exceed the board term by more than one
year. The township board of trustees shall include in the township's annual
appropriation for each fiscal year an appropriation of a sum of money
sufficient to pay the amount which, by the terms of the contract, is to become
due and payable during the current fiscal year.
(Source: Incorporates P.A. 88-356; 88-670, eff. 12-2-94.)
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(60 ILCS 1/30-42)
Sec. 30-42.
The board of trustees may provide for the purchase of
insurance, including coverage obtained from a risk management association,
against any loss or liability of any officer, employee, or agent of the
township resulting from the wrongful or negligent act of any officer, employee,
or agent while discharging and engaged in his duties and functions and acting
within the scope of his duties and functions as an officer, employee, or agent
of the township. The insurance shall be carried with a company authorized by
the Department of Insurance to write such coverage in Illinois.
(Source: Incorporates P.A. 88-294; 88-670, eff. 12-2-94.)
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(60 ILCS 1/30-45)
Sec. 30-45.
Property record system.
The electors may expend monies for the
preparation, establishment, and maintenance of a detailed property record
system to provide information useful to assessment officials. The electors may
enter into contracts with persons, firms, or corporations for the preparation
and establishment of the record system. The record system shall be available to
all assessing officials. The property record system shall include up-to-date
and complete tax maps except where those maps are otherwise already available
or ordered, ownership lists, valuation standards, and property record cards,
including appraisals, for all or any part of the property in the township
in accordance with reasonable rules and procedures prescribed by the Department
of Revenue. The system and records shall not be considered to be assessments
and shall not limit the powers and duties of assessing officials.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-50)
Sec. 30-50. Purchase and use of property.
(a) The electors may make all orders for the
purchase, sale, conveyance,
regulation, or use of the township's corporate property (including
the direct
sale or lease of single township road district property) that may be deemed conducive
to
the interests of its inhabitants, including the lease, for up to 10 years, or for up to 25 years if the lease is for a wireless telecommunications tower, at
fair market value, of corporate property for which no use or need during the
lease period is anticipated at the time of leasing. The electors may delegate the power to purchase, sell, or lease property to the township board for a period of up to 12 months and the township board may specify properties being considered. The property may be leased
to another governmental body, however,
or to a not-for-profit corporation that has contracted to construct or fund
the construction of a structure or improvement upon the real estate owned by
the township and that has contracted with the township to allow the township to
use at least a portion of the structure or improvement to be constructed upon
the real estate leased and not otherwise used by the township,
for any term not exceeding 50 years and
for any consideration.
In the case of a not-for-profit corporation, the township shall hold a public
hearing on the proposed lease. The township clerk shall give
notice of the hearing
by publication in a newspaper published in the township,
or in a newspaper published in the county and having general
circulation in the township if no newspaper is published in the township, and
by posting notices in at least 5 public places
at least 15 days before the public hearing.
(b) If a new tax is to be levied or an existing tax rate is to be increased
above the statutory limits for the purchase of the property, however, no action
otherwise authorized in subsection (a) shall be taken unless a petition signed
by at least 10% of the registered voters residing in the township is presented
to the township clerk. If a petition is presented to the township clerk, the
clerk shall order a referendum on the proposition. The referendum shall be
held at the next annual or special township meeting or at an election in
accordance with the general election law. If the referendum is ordered to be
held at the township meeting, the township clerk shall give notice that at the
next annual or special township meeting the proposition shall be voted upon.
The notice shall set forth the proposition and shall be given by publication in
a newspaper published in the township. If there is no newspaper published
in the township, the notice shall be published in a newspaper published in the
county and having general circulation in the township. Notice also shall be
given by posting notices in at least 5 public places at least 15 days before
the township meeting. If the referendum is ordered to be held at an election,
the township clerk shall certify that proposition to the proper election
officials, who shall submit the proposition at an election. The proposition
shall be submitted in accordance with the general election law.
(c) If the leased property is utilized in part for private use and in part
for public use, those portions of the improvements devoted to private use are
fully taxable. The land is exempt from taxation to the extent that the uses on
the land are public and taxable to the extent that the uses are private.
(d) Before the township makes a lease or sale of township or road
district
real property, the electors shall either delegate the power to the township board to purchase, sell, or lease properties for a period of up to 12 months as provided in subsection (a) or adopt a resolution
stating
the intent to lease or sell the real property, describing the
property in full, and stating the terms and conditions the electors deem
necessary and desirable for the lease or sale. A resolution stating the
intent to sell real property shall also contain pertinent information
concerning the size, use, and zoning of the property.
The value of real property shall be determined
by a State licensed real estate appraiser.
The appraisal shall be available for
public inspection. The resolution may direct the sale to be conducted by the
staff of the township or by listing with local licensed real
estate agencies
(in which case the terms of the agent's compensation shall be included in the
resolution).
Anytime during the year, the township or township road district may lease or sell personal property by a vote of the township board or request of the township highway commissioner.
The clerk shall thereafter publish the resolution or personal property
sale notice once in a newspaper published in the township or, if no newspaper
is published in the township, in a newspaper generally circulated in the
township. If no newspaper is generally circulated in the township, the clerk
shall post the resolution or personal property sale notice in 5 of the
most public places in the township. In addition to the foregoing publication
requirements, the clerk shall post the resolution or personal property
sale notice at the office of the township (if township property is involved)
or at the office of the road district (if road district property is
involved). The following information shall be published or posted with the
resolution or
personal property sale notice: (i) the date by which all bids must be
received by the township or road district, which shall not be less than 30
days
after the date of publication or posting, and (ii) the place, time, and date at
which bids shall be opened, which shall be at a regular meeting of the township
board.
All bids shall be opened by the clerk (or someone duly appointed to act
for the clerk) at the regular meeting of the township board described in the
notice. With respect to township personal property, the township board may accept
the high bid or any
other bid determined to be in the best interests of the township by a majority
vote of the board. With respect to township real property, the township
board may accept the high bid or any other bid determined to be in the
best interests of the township by a vote of three-fourths of the township
board then holding office, but in no event at a price less than 80% of the
appraised value. With respect to road district property, the highway
commissioner may accept
the high bid or any other bid determined to be in the best interests of the
road district. In each case, the township board or commissioner
may
reject
any and all bids. This notice and competitive bidding procedure shall not be followed
when property is leased to another governmental body.
The notice and
competitive bidding procedure shall not be followed when real or personal property is declared
surplus by the township board or the highway commissioner and sold to another governmental body.
The township board or the highway commissioner may authorize the sale of personal property by public auction conducted by an auctioneer licensed under the Auction License Act or through an approved Internet auction service. (e) A trade-in of machinery or equipment on new or different machinery or
equipment does not constitute the sale of township or road district property.
(Source: P.A. 99-78, eff. 7-20-15; 100-839, eff. 1-1-19.)
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(60 ILCS 1/30-51) Sec. 30-51. Competitive bidding exceptions. Contracts and purchases that by their nature are not adapted to award by competitive bidding, such as contracts for goods procured from another governmental agency and purchases of equipment previously owned by some entity other than the township itself, are not subject to the competitive bidding requirements of this Code.
(Source: P.A. 100-210, eff. 1-1-18.) |
(60 ILCS 1/30-53)
Sec. 30-53.
Surplus property.
The majority of electors present at an
annual or special town meeting may declare property of the township to be
surplus for purposes of donating the property to a historical society or
other not-for-profit corporation as provided in Section 80-75.
(Source: P.A. 89-100, eff. 7-7-95.)
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(60 ILCS 1/30-55)
Sec. 30-55.
(Repealed).
(Source: P.A. 88-62. Repealed by P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/30-60)
Sec. 30-60.
Public graveyards.
The electors may authorize the township board
to appropriate monies, in excess of the sum provided in the Public Graveyards
Act, for the purpose of putting any old, neglected graves and cemeteries in the
township in a cleaner and more respectable condition.
(Source: P.A. 84-1264; 88-62.)
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(60 ILCS 1/30-65)
Sec. 30-65.
Graves of former armed forces members.
The electors may provide
for the decoration and maintenance of graves of persons who at any time served
in the armed forces of the United States that are within the township.
(Source: P.A. 84-371; 88-62.)
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(60 ILCS 1/30-70)
Sec. 30-70.
Court room and office space.
The electors at any annual or
special township meeting may set aside and maintain space in any township
buildings or may obtain and maintain space in privately owned buildings for
court room and office use by the circuit court of the county in which the
township is located. The electors may supply all maintenance employees and
supplies needed to maintain the court room and office space to assist the court
in any way the court deems fit in conducting its business. The appearance and
furnishings of the court rooms established under this Section shall meet
reasonable minimum standards as prescribed by the Supreme Court of Illinois.
The standards shall be substantially the same as those generally accepted in
court rooms as to general furnishings, arrangement of bench, tables, and
chairs, cleanliness, convenience to litigants, decorations, lighting, and other
matters relating to the physical appearance of the court room.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-75)
Sec. 30-75.
Zoning.
The electors may authorize the township board to
exercise the zoning powers conferred by Article 110.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-80)
Sec. 30-80.
(Repealed).
(Source: P.A. 88-62. Repealed by P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/30-85)
Sec. 30-85.
Trees.
The electors may offer premiums and take actions to
induce the planting and cultivating of trees along the highways in the
township. The electors may protect and preserve trees standing along or on
highways and may purchase, plant, and cultivate trees along the streets and
highways in the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-90)
Sec. 30-90.
Fences.
The electors may make rules and regulations for
ascertaining the sufficiency of all fences in the township and may determine
what is a lawful fence within the township except as otherwise provided by law.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-95)
Sec. 30-95. Livestock running at large. The electors may restrain, regulate,
or prohibit the running at large of poultry, cattle, horses, mules, asses, swine, sheep,
or goats and may determine the time and manner in which those animals may go at
large, unless they are restrained from running at large in some manner provided
by law.
(Source: P.A. 94-453, eff. 1-1-06.)
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(60 ILCS 1/30-100)
Sec. 30-100.
Pounds.
The electors may establish and maintain pounds at
places within the township that are deemed necessary and convenient and may
discontinue any pounds within the township. When a pound is erected, it shall
be under the care and direction of a poundmaster.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-105)
Sec. 30-105.
Poundmasters.
The electors may determine the number of
poundmasters, prescribe their duties, and elect poundmasters, either by ballot
or in another manner that they determine. Alternatively, the electors may
provide for the appointment of poundmasters.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-110)
Sec. 30-110.
Impounding and sale of animals.
The electors may authorize the
distraining, impounding, and sale of cattle, horses, mules, asses, swine,
sheep, and goats for penalties incurred and the costs of the proceeding. The
sale of animals distrained or impounded shall be conducted, as near as may be
practicable, according to the law regulating sales of property by sheriffs for
the satisfaction of a judgment of the circuit court. The owner of the animals
may redeem them from the purchaser at any time within 3 months from the date of
the sale by paying the amount of the purchaser's bid, with reasonable costs for
their keeping and interest upon the amount bid at the rate of 10% per annum.
The electors may also authorize the impounding of dogs found running at large
and provide for their destruction at the end of a reasonable period of time if
they are not claimed and the cost of impounding paid.
(Source: P.A. 83-341; 88-62.)
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(60 ILCS 1/30-115)
Sec. 30-115.
Public wells.
The electors may construct and keep in repair
public wells or other watering places and may regulate the use of those wells
and watering places.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-117)
Sec. 30-117. Special services; disaster relief. The corporate authorities of a township may, by ordinance, authorize
the use
of permanent
road funds, general road and bridge funds, or
town funds for the purpose of
collecting, transporting, and disposing of brush and leaves generated from
those
properties that are contiguous to roads as defined by Section 2-103 of the Illinois Highway Code or located within the unincorporated areas of the township. The
electors may allow general road and bridge or town funds to also be used for
the
purpose of providing disaster relief and support services approved by
the Township Board of Trustees at a regularly scheduled or special meeting.
(Source: P.A. 97-333, eff. 8-12-11; 97-417, eff. 1-1-12.) |
(60 ILCS 1/30-120)
Sec. 30-120.
Garbage.
The electors may prevent the deposit of night soil,
garbage, or other offensive substances within the limits of the township. This
Section does apply to refuse disposal facilities regulated by the Illinois
Department of Public Health and the county in which the facilities are located.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-125)
Sec. 30-125.
Recreational vehicle parking.
The electors may adopt ordinances
regulating the standing or parking of recreational vehicles on township roads
within each township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-130)
Sec. 30-130.
Inoperable motor vehicles.
(a) The electors may by ordinance declare inoperable motor vehicles, whether
on public or private property, to be a nuisance and may authorize fines to be
levied for the failure of any person to obey a notice from the township stating
that the person is to dispose of any inoperable motor vehicles under his or her
control. The electors may authorize a law enforcement agency with applicable
jurisdiction to remove, after 7 days from the issuance of the township notice,
any inoperable motor vehicle or parts of such a vehicle.
(b) Nothing in this Section applies to any motor vehicle that is kept within
a building when not in use, to an operable historic vehicle over 25 years of
age, or to a motor vehicle on the premises of a place of business engaged in
the wrecking or junking of motor vehicles.
(c) As used in this Section, "inoperable motor vehicle" means any motor
vehicle from which, for a period of at least 7 days or any longer period of
time fixed by ordinance, the engine, wheels, or other parts have been removed,
or on which the engine, wheels, or other parts have been altered, damaged, or
otherwise treated so that the vehicle is incapable of being driven under its
own motor power. "Inoperable motor vehicle" does not include a motor vehicle
that has been rendered temporarily incapable of being driven under its own
motor power in order to perform ordinary service or repair operations.
(Source: P.A. 85-1209; 88-62.)
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(60 ILCS 1/30-135)
Sec. 30-135.
Dealers in second hand articles.
The electors may authorize the
licensing and regulation and direct the location of all places of business of
purchasers, traders, and dealers in junk, rags, and any second hand article,
including motor vehicles, except in cities, villages, and incorporated towns in
the township that by ordinance provide for the licensing, regulation, or
location of places of business of those purchasers, traders, and dealers.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-140)
Sec. 30-140.
Regulation of certain occupations.
In counties with a
population of less than 3,000,000, the electors may regulate hawkers, peddlers,
pawnbrokers, itinerant merchants, and transient vendors of merchandise. The
township board in those counties may require that any such person register his
or her name and the name of any firm he or she represents with the township
clerk and may make reasonable restrictions of the hours during which he or she
may engage in door-to-door solicitation. The township board in those counties
also may prohibit the activities of any categories of persons as it determines
to be in the best interest of township residents. Any regulation under this
Section shall not apply within the boundaries of a city, village, or
incorporated town.
(Source: P.A. 84-822; 88-62.)
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(60 ILCS 1/30-145)
Sec. 30-145. Mental health services. If a township is not included in a
mental health district organized under the Community Mental Health Act, the
electors may authorize the board of trustees to provide mental health
services (including services for the
alcoholic and the drug addicted, and for persons with intellectual disabilities) for residents of the
township by disbursing existing funds if available by contracting
with mental health agencies
approved by the Department of Human Services,
alcoholism treatment programs licensed by the Department of Public Health, and
treatment facilities and other services for substance use disorders approved by the
Department of Human Services. To be
eligible to receive
township funds, an agency, program, facility, or other service provider must
have been in existence for more than one year and must serve the township
area.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
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(60 ILCS 1/30-150)
Sec. 30-150.
Police protection by municipality; county under 1,000,000.
In
counties having a population of less than 1,000,000, the electors may authorize
the township board to contract with one or more incorporated municipalities
lying wholly or partly within the boundaries of the township, or with advice
and
consent of the sheriff in the county in which the request
for contract services is made, based upon a determination of law enforcement
needs of the area in which contract services are sought with the county
within which the township is located
to furnish police protection in
the area of the township that is not within the incorporated area of any
municipality having a regular police department.
(Source: P.A. 91-633, eff. 12-1-99.)
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(60 ILCS 1/30-155)
Sec. 30-155.
Police protection by county in county under 1,000,000; special
taxing district.
(a) In counties having a population of less than 1,000,000, the electors may
authorize the township board to contract with the county sheriff within which
the township is located to furnish police protection in the unincorporated area
of the township.
(b) The township board may adopt a resolution declaring the unincorporated
area of the township a special police district for tax purposes. Proof of the
adoption of the resolution authorizes the county clerk to extend a tax upon the
special police district in the amount specified in the annual township tax
levy, but not to exceed a rate of .10% of the value of taxable property as
equalized or assessed by the Department of Revenue.
(c) Whenever a resolution creating a special police district has been
adopted, the township board shall order the proposition submitted to the voters
within the territory of the proposed special police district at an election.
The clerk shall certify the proposition to the proper election officials.
Notice shall be given and the election conducted in accordance with the general
election law. The proposition shall be in substantially the following form:
Shall a special police district be created to serve | ||
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The votes shall be recorded as "Yes" or "No".
(d) If a majority of votes cast on the proposition is in favor of the
special police district, the district shall be created.
(Source: P.A. 83-209; 88-62.)
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(60 ILCS 1/30-160)
Sec. 30-160.
Police protection by municipality or county; county of
1,000,000 or more; special taxing district.
(a) In counties having a population of 1,000,000 or more, the electors may
authorize the township board to contract with one or more municipalities in the
township or with the county within which the township is located to furnish
police protection in the unincorporated area of the township.
(b) The township board may declare the unincorporated area of the
township a special police district for tax purposes. Proof of the declaration
authorizes the county clerk to extend a tax upon the special police
district in the amount specified in the annual township tax levy, but not to
exceed a rate of .10% of the value of taxable property as equalized or
assessed by the Department of Revenue.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-165)
Sec. 30-165.
Fire protection; special taxing district.
(a) The electors may authorize the township board to contract with one or
more municipalities in the township or with the county within which the
township is located to furnish fire protection in the unincorporated area of
the township.
(b) With the approval of a majority of the voters in the unincorporated area
of a township, the township board may declare the unincorporated area of the
township a special fire district for tax purposes. Proof of that declaration
authorizes the county clerk to extend a tax upon the special fire district in
the amount specified in the annual township tax levy, but not more than a rate
of 0.40% of the value of taxable property as equalized or assessed by the
Department of Revenue.
(c) Any territory within a special fire district that is annexed to a
municipality that provides fire protection services within its corporate limits
shall be automatically disconnected from the township fire protection taxing
district.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-166)
Sec. 30-166. Civil penalties for false fire alarms. The township board of
any township providing fire protection services may impose reasonable civil
penalties on individuals who repeatedly cause false fire alarms.
(Source: P.A. 95-331, eff. 8-21-07.)
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(60 ILCS 1/30-167)
Sec. 30-167. Charge against non-residents.
(a) The township board of each township may
fix, charge, and collect fees not exceeding the reasonable cost of the
service for all services rendered by the township against persons,
businesses, and other entities who are not residents of the township.
(b) The charge may not be assessed against residents of the township or
persons who request fire protection coverage for an unprotected area and who
pay to the township an amount equal to the township's fire
protection tax under Article 200 of this Code.
(c) The charge for such services shall be computed at a rate not to exceed
$125 per hour per vehicle and not to exceed $35 per hour per firefighter
responding to a call for assistance. An additional charge may be levied to
reimburse the township for extraordinary expenses of materials used in
rendering such services. No charge shall be made for services for which the
total charge would be less than $50.
(d) All revenue from the charges assessed pursuant to this Section shall
be deposited into the general fund of the township.
(Source: P.A. 95-331, eff. 8-21-07.)
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(60 ILCS 1/30-170)
Sec. 30-170.
Mosquito abatement district.
(a) The electors may authorize the township board to contract for the
furnishing of mosquito abatement services in the unincorporated area of the
township.
(b) The township board may adopt a resolution declaring the unincorporated
area of the township a mosquito abatement district for tax purposes. Proof of
the resolution authorizes the county clerk to extend a tax upon the mosquito
abatement district in the amount specified in the annual township tax levy, but
not more than a rate of 0.075% of the value of taxable property as equalized or
assessed by the Department of Revenue.
(c) Whenever a resolution creating a mosquito abatement district has
been adopted, the township board shall order the proposition submitted
to the voters within the territory of the proposed district at an election.
The clerk shall certify the proposition to the proper election officials.
Notice shall be given and the election conducted in accordance with the
general election law. The proposition shall be in substantially the
following form:
Shall a mosquito abatement district be created to | ||
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The votes shall be recorded as "Yes" or "No".
(d) If a majority of votes cast on the proposition is in favor of the
mosquito abatement district, the district shall be created.
(e) Any territory within a mosquito abatement district that is annexed
to a municipality that provides mosquito abatement services within its
corporate limits shall be automatically disconnected from the township
mosquito abatement taxing district.
(Source: P.A. 86-310; 88-62.)
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(60 ILCS 1/30-175)
Sec. 30-175.
(Repealed).
(Source: P.A. 88-62. Repealed by P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/30-180)
Sec. 30-180.
Illinois Municipal Retirement Fund.
The electors may authorize
the supervisor to file an application for the township and all other bodies
politic established by or subject to the control of the electors to participate
in the Illinois Municipal Retirement Fund under the Illinois Pension Code.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-185)
Sec. 30-185.
Transfer of money to city or village.
In townships wholly
within the limits of an incorporated city or village, the electors may transfer
any money in the treasury of the township to the treasury of the city or
village. The money shall be used by the city or village in its corporate
capacity for (i) constructing or repairing roads, bridges, approaches, or
causeways over which it has control, supervision, and jurisdiction, or (ii)
planting and cultivating trees along the streets and highways in the city and
township. The electors may give full power and authority to expend any money
in the city or village treasury that it has to the credit of the township for
any of the purposes designated in this Section as decided by the electors or by
the township board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-190)
Sec. 30-190.
Rules; fines.
The electors may make all by-laws, rules, and
regulations deemed necessary to carry into effect the powers granted in this
Article 30 and may impose fines deemed proper, except when a fine or penalty is
already allowed by law. No offense shall be classified in excess of a petty
offense.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-195)
Sec. 30-195.
Use of penalties collected.
The electors may apply all
penalties, when collected, in the manner deemed most to the interest of the
township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-200)
Sec. 30-200.
Limitation in certain townships.
In townships in which there
are incorporated cities or villages, the boundaries of which are co-extensive
with the limits of the township, and in townships that lie wholly within the
limits of an incorporated city or village, the electors shall not exercise the
several powers contained in Sections 30-80, 30-85, 30-90, 30-95, 30-100,
30-105, 30-110, 30-115, 30-120, and 30-135, and the powers and provisions of
all cities and villages under their organic law are not repealed by any
provision of this Article.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/30-205)
Sec. 30-205. Advisory referenda. Any group of registered voters may request an advisory question of public policy for consideration by the electors at the annual meeting by giving written notice of the specific advisory question to the township clerk in the same manner as required for an agenda item under subsection (b) of Section 30-10. The agenda published by the township board shall include any such advisory question if the request is timely filed. By a vote of the majority of electors
present at a town meeting, the electors may authorize that an advisory question
of public policy, for which notice has been given as required by this Section, be placed on the ballot at the next regularly scheduled
election in the township. The township board shall certify the question to the
proper election officials, who shall submit the question in accordance with the
general election law.
(Source: P.A. 98-653, eff. 6-18-14.)
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(60 ILCS 1/Art. 35 heading) ARTICLE 35.
SPECIAL
TOWNSHIP MEETINGS
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(60 ILCS 1/35-5)
Sec. 35-5. Special township meeting. Special township meetings shall be held
when the township board (or at least 15 voters of the township) file in the
office of the township clerk a written statement that a special meeting is
necessary for the interests of the township. The statement also shall set
forth the objects of the meeting, which must be relevant to powers granted to electors under this Code. The special township meeting shall be held no
less than 14 nor more than 45 days after the written request is filed in the
office of the township clerk. Special township meetings may not begin before
6 p.m.
(Source: P.A. 95-761, eff. 7-28-08.)
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(60 ILCS 1/35-10)
Sec. 35-10. Notice of special meeting; business at meeting.
(a) Notice of a special township meeting shall be given in the same manner
and for the same length of time as for regular township meetings.
(b) The notice shall set forth the object of the meeting as contained in the statement filed with the township clerk, which must be relevant to powers granted to electors under this Code. No business shall be done at a special meeting except the business that is embraced in the statement and notice.
(Source: P.A. 95-761, eff. 7-28-08.)
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(60 ILCS 1/35-15)
Sec. 35-15. Quorum and powers of electors at special meeting. No special township meeting shall be convened unless 15 or more electors are present at the meeting. The electors at special
township meetings when convened have the powers enumerated in this Article.
An elector is a person registered to vote within the township no less than 28
days before the date of the special meeting. If a special township meeting is not convened because of an absence of 15 or more electors, that special township meeting shall not be re-convened unless all procedures for a special township meeting are again completed.
(Source: P.A. 95-761, eff. 7-28-08.)
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(60 ILCS 1/35-20)
Sec. 35-20.
Matters postponed from annual meeting.
The electors may act upon
any subject within the powers of the electors at any annual township meeting
that may have been postponed for want of time at the preceding annual meeting
to be considered at a future township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-25)
Sec. 35-25.
Exercise of annual meeting powers.
When the special meeting is
called by the township board in the manner provided by this Article, the
electors may take any action authorized by Article 30 that could have been
taken at an annual township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-30)
Sec. 35-30.
Hour of township meetings.
The electors may fix the hour at
which township meetings shall be held.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-35)
Sec. 35-35.
Filling vacancy in township offices.
If a vacancy exists in any township office and the vacancy is not filled within
60 days, the
electors at a
special township meeting may select a qualified person to fill the vacancy and
to serve until the expiration of that term. At the meeting, the electors may
select the replacement officer by voice vote, and the person
receiving the
greatest number of votes shall be declared to be elected as the officer.
(Source: P.A. 92-194, eff. 8-1-01.)
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(60 ILCS 1/35-40)
Sec. 35-40.
Conveyance of land for highway purposes.
The electors may convey
any land or any interest in land held by the township to the county or State
where the conveyance is made for highway purposes. The conveyance shall be made
in the same manner and form as a conveyance of land made at the annual township
meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-45)
Sec. 35-45.
Control of public graveyards; tax.
(a) The electors may vest control of public graveyards not under the control
of any corporation sole, organization, or society in 3 trustees and may elect
the 3 trustees.
(b) The electors may authorize the cemetery trustees to levy a tax for the
control, management, and maintenance of cemeteries under the Public
Graveyards Act.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff. 12-2-94.)
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(60 ILCS 1/35-50)
Sec. 35-50.
Definitions.
As used in Sections 35-50.1 through 35-50.6,
unless the context requires otherwise:
"Township board" means the board of trustees, board of town auditors, board
of township trustees, or town trustees provided for in the Township Law of
1874 (repealed) or the township board provided for in this Code.
"Supervisor" or "township supervisor" means the supervisor or
township supervisor provided for in the Township Law of 1874 (repealed) or
the township supervisor provided for in this Code.
"Township clerk" means the town clerk or township clerk provided for
in the Township Law of 1874 (repealed) or the township clerk provided for in
this Code.
"Voter" means a person qualified to vote under the general election law,
including registration within the township no less than 28 days before the date
of the special meeting.
(Source: P.A. 88-62; 89-331, eff. 8-17-95.)
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(60 ILCS 1/35-50.1)
Sec. 35-50.1.
Senior citizens' housing.
A township may construct, purchase,
improve, extend, or equip senior citizens' housing. The township board shall
have the power to do the following:
(1) Own and manage residential rental property for | ||
| ||
(2) Donate township land for senior citizens' housing.
(3) Expend township funds for the construction, | ||
| ||
(4) Employ or contract with management firms to aid | ||
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(5) Make contracts necessary in the exercise of its | ||
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(6) Enter into agreements with other governmental | ||
| ||
(7) Issue revenue bonds payable solely from the net | ||
| ||
(Source: P.A. 87-922; 88-62.)
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(60 ILCS 1/35-50.2)
Sec. 35-50.2.
Construction of senior citizens' housing; revenue bonds.
(a) For the purpose of defraying the cost of the construction, purchase,
improvement, extension, or equipping from time to time of senior citizens'
housing, including feasibility, engineering, legal, and other expenses,
together with interest on its revenue bonds, to the fullest extent
permitted by the provisions of Section 9 of the Local Government Debt
Reform Act, the township board, when authorized by a majority of the
votes cast on the proposition submitted in accordance with the general
election law under Section 35-50.3, may issue and sell revenue
bonds of the township payable solely from the net income and revenue
derived from the operation of the senior citizens' housing, after payment
of the costs of operation and maintenance of the senior citizens' housing
and provision for an adequate depreciation fund (if a depreciation fund is
deemed necessary by the township board). The township board
may also from time to time issue revenue bonds to refund any such revenue
bonds, at the redemption price authorized, at maturity or at any time
before maturity, all as authorized in the ordinance of the township board
authorizing the refunded bonds. The bonds shall bear interest at
a rate or rates not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract for the
sale of the bonds, the interest shall be payable semi-annually, and the bonds
shall mature within the period of usefulness of the project involved, as
determined in the sole discretion of the township board and in any event not
more than 40 years from the dated date of the bonds.
(b) The bonds shall be sold in the manner determined by the township board
and, whenever the bonds are sold at a price less than par, they
shall be sold at a price and bear interest at a rate or rates such
that either the true interest cost (yield) or the net interest rate, as
selected by the township board, received on the sale of the bonds,
does not exceed the maximum rate otherwise authorized by the Bond
Authorization Act. If any officer whose signature appears on the bonds or
coupons attached to the bonds ceases to be an officer before the delivery
of the bonds to the purchaser, his or her signature shall nevertheless be
valid and sufficient for all purposes to the same effect as if he or she
had remained in office until the delivery of the bonds.
(c) Notwithstanding the form or tenor of the bonds, and in the absence
of expressed recitals on the face of the bonds that the bonds are
non-negotiable, all bonds issued under this Section shall have all the
qualities of negotiable instruments under the law of this State.
(d) With respect to instruments for the payment of money issued under
Sections 35-50.1 through 35-50.6, including, without limitation, revenue bonds
of a township, it is the intention of the General Assembly (i) that the Omnibus
Bond Acts are supplementary grants of power to issue those instruments in
accordance with the Omnibus Bond Acts, regardless of any provision of Sections
35-50.1 through 35-50.6 that may appear to be more restrictive than those
Acts, (ii) that the provisions of Sections 35-50.1 through 35-50.6 are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under Sections 35-50.1 through 35-50.6 within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of Sections 35-50.1 through 35-50.6 that may appear to
be more restrictive than those Acts.
(e) Revenue bonds issued under Sections 35-50.1 through 35-50.6 shall be
payable solely from the net revenue derived from the operation of the senior
citizens' housing on account of which the revenue bonds are issued. The
revenue bonds shall not in any event constitute an indebtedness of the township
within the meaning of any constitutional or statutory limitation, and it shall
be so stated on the face of each bond.
(f) Not less than 30 days before the making of a contract for the sale
of bonds to be issued under Sections 35-50.1 through 35-50.6, the township
board shall give written notice to the Executive Director of the Illinois
Housing Development Authority. Within 30 days after receiving the notice the
Executive Director of the Illinois Housing Development Authority shall give
written notice to the township board stating whether it will finance the senior
citizens' housing. If the Illinois Housing Development Authority notifies
the township board that it will not finance the senior citizens' housing, the
township may finance the senior citizens' housing or seek alternative financing
from any other available source.
(Source: P.A. 95-331, eff. 8-21-07.)
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(60 ILCS 1/35-50.3)
Sec. 35-50.3.
Ordinance describing project; submission to voters.
A
township board shall initiate proceedings for the issuance of bonds under
Sections 35-50.1 through 35-50.6 by adopting an election ordinance describing
briefly the authority under which the bonds are proposed to be issued, the
nature of the project to be financed, the estimated total cost of the project,
and the maximum amount of revenue bonds authorized to be issued. No further
details or specifications shall be required in the election ordinance, except
as otherwise required by the Election Code or Sections 35-50.1 through 35-50.6
of this Act as described in this Section.
The election ordinance shall direct that a proposition to construct,
purchase, improve, extend, or equip senior citizens' housing and to issue
revenue bonds payable solely from the net revenue derived from the
operation of the senior citizens' housing be submitted to the
voters of the township at an election designated in the ordinance, to be held
in accordance with the general election law. The township clerk shall certify
the proposition to the proper election authority for submission to the voters
in accordance with the general election law. The election authority shall give
notice of the election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall revenue bonds in the maximum amount of $ | ||
| ||
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question at the election vote
in favor of it, then the township board may adopt additional ordinances
or proceedings supplementing or amending the election ordinance so long as
the maximum amount of bonds as set forth in the election ordinance is not
exceeded and there is no material change in the project described in the
election ordinance. The additional ordinances shall fix the amount of
revenue bonds to be issued, the maturity or maturities, the interest rate or
rates, and all other details in connection with the bonds deemed advisable.
The additional ordinances may contain covenants and restrictions on the
issuance thereafter of additional revenue bonds as deemed necessary or
advisable for the assurance of the payment of bonds thereby issued. Bonds
issued pursuant to additional ordinances and proceedings shall bear a date or
dates, may be in a form, may carry registration privileges, may be payable at a
place or places, may be subject to redemption in a manner and on terms with or
without premium, may be executed in a manner, and may contain terms and
covenants, all as provided by the additional ordinances and proceedings. The
additional ordinances or proceedings shall become effective immediately without
publication or posting or any further act or requirement.
(Source: P.A. 87-922; 88-62.)
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(60 ILCS 1/35-50.4)
Sec. 35-50.4.
Security for bonds.
To secure payment of any or all of the
bonds, any additional ordinance supplementing or amending the election
ordinance shall set forth the covenants and undertakings of the township in
connection with (i) the issuance of the bonds and the issuance of
additional bonds payable from the net revenue or income to be derived from
the operation of the senior citizens' housing and (ii) the use and
operation of the senior citizens' housing. The additional ordinance may also
provide that the bonds, or those that are specified, shall, to the extent and
in the manner prescribed, be subordinate and junior with respect to the payment
of principal and interest to other bonds designated in the ordinance. The
additional ordinance may in the discretion of the township board provide that
the bonds be secured by a trust agreement or depositary agreement by and
between the township board and a corporate trustee, which may be a trust
company or a bank having powers of a trust company within this State. The
agreement may contain provisions for directing and enforcing the rights and
remedies of the bondholders deemed reasonable and proper, including the
terms upon which the trustee and the bondholders, or either of them, may
enforce their rights, but no trust agreement, depositary agreement, or other
instrument securing the bonds shall convey, mortgage, or otherwise create
any lien on the properties constituting the senior citizens' housing,
other than the net revenues with respect thereto as described in Sections
35-50.1 through 35-50.6.
(Source: P.A. 87-922; 88-62.)
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(60 ILCS 1/35-50.5)
Sec. 35-50.5.
Rules and regulations; rates and charges; use of revenues from
operation.
(a) The township board of any township availing itself of Sections 35-50.1
through 35-50.6 may (i) make, enact, and enforce all needful rules and
regulations for the acquisition, construction, extension, improvement,
equipping, management, and maintenance of the senior citizens' housing of the
township and for the use thereof, (ii) make, enact, and enforce all needful
rules, regulations, and ordinances for the care and protection of the senior
citizens' housing that may be conducive to the preservation of the public
health, comfort, and convenience and to providing the senior citizens'
housing, and (iii) charge the residents of the senior citizens' housing a
reasonable rent, rate, or charge for the privilege of residing in or using
the senior citizens' housing.
(b) The rents, rates, or charges shall be sufficient at all times to (i) pay
the cost of operating and maintaining the senior citizens' housing, (ii)
provide an adequate depreciation fund if deemed necessary by the township
board, and (iii) pay the principal of and interest on all revenue bonds issued
under Sections 35-50.1 through 35-50.6. Rents, rates, and charges shall be
established, revised, and maintained by ordinance and become payable as the
township board determines by ordinance.
(c) Whenever revenue bonds are issued under Sections 35-50.1 through
35-50.6, sufficient revenue derived from the operation of senior citizens'
housing shall be deposited into a separate fund, designated as the Senior
Citizens' Housing Fund of the township. It shall be used only (i) to pay the
cost of maintenance and operation of the senior citizens' housing, (ii) to
provide an adequate depreciation fund if deemed necessary by the township
board, and (iii) to pay the principal of and interest on the revenue bonds of
the township issued under Sections 35-50.1 through 35-50.6.
(Source: P.A. 87-922; 88-62.)
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(60 ILCS 1/35-50.6)
Sec. 35-50.6.
Supervisor; bond proceeds and revenues.
(a) The township supervisor shall be ex officio treasurer and the custodian
of all funds derived from the issuance and sale of bonds under Sections
35-50.1 through 35-50.6 and of all income and revenue derived from the
operation of the senior citizens' housing. Before the supervisor receives any
funds, he or she shall post with the township board, subject to their approval,
a separate corporate surety bond in an amount determined by resolution of the
township board. The supervisor shall keep the proceeds of bonds issued and
revenues derived from the operation of the senior citizens' housing separate
and apart from all other funds that come into his or her hands as supervisor
and ex officio treasurer of the township. The supervisor shall deposit the
proceeds derived from the sale of bonds and the income and revenues derived
from the operation of the senior citizens' housing in separate bank or savings
and loan association accounts in a depositary designated by the township board
for that purpose; provided, however, that any funds not so deposited shall be
invested only in investments that are permitted for the township under the
Public Funds Investment Act, as then amended.
(b) No bank or savings and loan association shall receive public funds under
this Section unless it has complied with the provisions of Section 6 of the
Public Funds Investment Act.
(Source: P.A. 87-922; 88-62.)
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(60 ILCS 1/35-55)
Sec. 35-55.
Senior citizens services; authorization of tax levy.
(a) The electors may authorize the township board to levy a tax (at a
rate of not more than 0.15% of the value, as equalized and assessed by the
Department of Revenue, of all taxable property in the township) for the sole
and exclusive purpose of providing services to senior citizens under Article
220 including, but not limited to, the construction, maintenance, repair, and
operation of a senior citizens center. If the board desires to levy
the tax, it shall order a
referendum on the proposition to be held at an election in accordance with the
general election law. The board shall certify the proposition to the proper
election officials, who shall submit the proposition to the voters at an
election in accordance with the general election law. If a majority of the
votes cast on the proposition is in favor of the proposition, the board may
annually levy the tax in addition to any other taxes and not subject to the
tax rate limitations set forth in Article 235 of this Act, but subject to the
extension limitations in the Property Tax Extension Limitation Law of the
Property Tax Code.
(b) If the township board of any township authorized to levy a tax under
this Section pursuant to a referendum held before January 1, 1987, desires to
increase the maximum rate of the tax to 0.15% of the value, as equalized and
assessed by the Department of Revenue, of all taxable property in the township,
it shall order a referendum on that proposition to be held at an election in
accordance with the general election law. The board shall certify the
proposition to the proper election officials, who shall submit the proposition
to the voters at an election in accordance with the general election law. If a
majority of the votes cast on the proposition is in favor of the proposition,
the maximum tax rate shall be so increased.
(Source: P.A. 92-651, eff. 7-11-02; 92-781, eff. 1-1-03.)
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(60 ILCS 1/35-60)
Sec. 35-60.
Youth service programs; authorization of tax levy.
The electors
may authorize the township board to levy a tax (at a rate of not more than
0.15% of the value, as equalized and assessed by the Department of Revenue, of
all taxable property in the township) for the sole purpose of providing service
programs for youths under Section 215-5. The tax may not be levied, however,
unless the tax is approved by the voters at a referendum held in accordance
with the general election law. The township board shall certify the
proposition to the proper election officials, who shall submit the proposition
to the voters at an election in accordance with the general election law. If a
majority of the votes cast on the proposition is in favor of the proposition,
the board may annually levy the tax.
(Source: P.A. 85-583; 88-62.)
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(60 ILCS 1/35-65)
Sec. 35-65.
General assistance tax.
If the electors at the annual township
meeting fail in any year to levy any tax for general assistance to persons
needing that assistance, or a tax for general assistance of an amount
sufficient to meet those needs, or a tax of an amount sufficient to qualify the
township for an allocation of State funds appropriated for that purpose, the
electors may levy the tax, additional tax, or qualifying tax, as the case may
be, as may be necessary. In no event, however, shall the total of the taxes
levied at the annual and special township meetings for general assistance
exceed the statutory rate limit prescribed in Section 235-15.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-70)
Sec. 35-70.
Township library tax.
The electors may levy a tax for the
support and maintenance of a township library under the Illinois Local Library
Act.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-75)
Sec. 35-75.
Cemetery tax.
The electors may authorize the board of managers
to levy a tax for the establishment and maintenance of cemeteries under Article
135.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/35-80)
Sec. 35-80.
Participation in Illinois Municipal Retirement Fund.
The
electors may elect to have the township and all other bodies politic
established by or under the control of the electors participate as a single
municipality in the Illinois Municipal Retirement Fund under the provisions of
the Illinois Pension Code.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 40 heading) ARTICLE 40.
CONDUCT OF
TOWNSHIP MEETINGS
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(60 ILCS 1/40-5)
Sec. 40-5.
Time of township meeting; moderator.
(a) The annual township meeting and any special township meeting shall
not be held earlier than 6 p.m., unless the time is changed by the electors at
a duly convened meeting.
(b) At an hour fixed by the electors, but no earlier
than 6 p.m. on the day of an annual or special meeting, the electors present
shall be called to order by the township clerk, if there is a clerk and he or
she is present. If there is no township clerk or if the township clerk is not
present, the electors may elect by acclamation one of their number as chairman.
The chairman shall, if there are electors desiring admittance to the meeting
who cannot be admitted because of the size of the meeting hall, immediately
recess the meeting to a time as soon as practicable and to a place sufficiently
large to accommodate at least the number of electors present at that time
within the meeting hall and those outside the meeting hall desiring to be
admitted.
Electors at the meeting shall be verified as voters registered within the
township by the township clerk, or a designee of the township clerk, through
the
use of township voter registration lists
obtained by the township clerk from the election authority having jurisdiction
over the township and updated to include voters registered no less than 28 days
before the day of the meeting.
(c) The electors present shall choose one of their number to preside as
moderator of the meeting. Before entering upon the duties of the office, the
moderator shall take an oath, administered by the township clerk or chairman or
some other officer authorized to administer oaths, to faithfully and
impartially discharge the duties of the office. The moderator of the meeting
shall preside at the meeting, announce the business before the meeting,
preserve order, and decide all questions of order. The moderator shall have the
same power and be subject to the same penalties, in connection with his conduct
as moderator, as judges of election under the provisions of the general
election law.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff. 12-2-94; 89-331, eff.
8-17-95.)
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(60 ILCS 1/40-10)
Sec. 40-10.
Clerk of the meeting.
(a) The township clerk, if there is one and he or she is present, shall act
as clerk of the meeting and shall keep faithful minutes of the proceedings in a
book to be known as the township record. The clerk shall enter at length in
the township record every order or direction and all rules and regulations made
by the meeting. The entry shall be signed by the clerk and the moderator of
the meeting.
(b) This Section is subject to the Local Records Act.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/40-15)
Sec. 40-15.
Voting.
(a) All questions upon motions made at township meetings shall be determined
by a majority of the electors present and voting, and the moderator shall
ascertain and declare the result of the vote upon each question.
(b) When the result of any vote shall, upon the moderator's declaration, be
questioned by one or more of the electors present, the moderator shall make the
vote certain by causing the voters to rise and be counted or by a division of
the voters.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/40-20)
Sec. 40-20.
Conclusion of business.
When the business of the meeting is
concluded, the moderator shall announce that fact. After the announcement is
made, all miscellaneous business shall be deemed concluded for that day unless
the electors shall, at the time of the announcement, order otherwise. In no
event, however, shall any question which has been disposed of before the
announcement be thereafter reconsidered unless the motion for reconsideration
is sustained by a number of votes equal to at least a majority of all the names
entered on the poll list on that day up to the time the motion is made.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/40-25)
Sec. 40-25.
Disorderly conduct.
If any person acts in a disorderly manner
at any meeting and, after notice from the moderator, persists in that conduct,
the moderator may order the person to withdraw from the meeting. If the person
refuses to withdraw, the moderator may order any police officer or other person
to take the disorderly person from the meeting and confine him or her in some
convenient place until the meeting is adjourned. The person refusing to
withdraw shall, for that offense, forfeit a sum not exceeding $10 for the use
of the township to be recovered in a civil action in the name of the township
in the circuit court.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/40-30)
Sec. 40-30.
Notice of township regulations.
The township clerk shall cause
all by-laws, rules, and regulations of the township to be published within 20
days after their adoption by posting them in 3 public places in the town. The
clerk also shall cause the by-laws, rules, and regulations to be inserted once
in a newspaper published in the township if there is such a newspaper. All
by-laws, rules, and regulations shall take effect and be in force from the date
of their adoption unless otherwise directed by the electors.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 45 heading) ARTICLE 45.
NOMINATION OF CANDIDATES
FOR TOWNSHIP OFFICE
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(60 ILCS 1/45-5)
Sec. 45-5.
Nominations by political parties.
In all townships (other than
townships of over 5,000 population that are co-extensive with or included
wholly within incorporated towns, villages, or cities not under the commission
form of government), nominations by established political parties for
candidates for township officers shall, except as otherwise provided in Section
45-15, be held as provided in this Article.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/45-10)
Sec. 45-10. Political party caucus in township; notice.
(a) On the first Tuesday in December preceding the date of the regular
township election, a caucus shall be held by the voters of each established
political party in a township to nominate its candidates for the various
offices to be filled at the election. Notice of the caucus shall be given at
least 10 days before it is held by publication in some newspaper having a
general circulation in the township. Not less than 30 days before the caucus,
the township clerk shall notify the chairman or membership of each township
central committee by first-class mail of the chairman's or membership's
obligation to report the time and location of the political party's caucus.
Not less than 20 days before the caucus, each chairman of the township central
committee shall notify the township clerk by first-class mail of the time and
location of the political party's caucus. If the time and location of 2 or
more political party caucuses conflict, the township clerk shall establish, by
a fair and impartial public lottery, the time and location for each caucus. If the chairperson of the township central committee fails to meet within the township or to meet any of the other requirements of this Section, the chairperson's political party shall not be permitted to nominate a candidate, either by caucus as provided for in this Section or as otherwise authorized by the Election Code, in the next upcoming consolidated election for any office for which a nomination could have been made at the caucus should the chairperson of the township central committee have met the requirements of this Section.
(b) Except as provided in this Section, the township board shall cause
notices of the caucuses to be published. The notice shall state the time and
place where the caucus for each political party will be held. The board shall
fix a place within the township for holding the caucus for each established
political party. When a new township has been established under Section 10-25,
the county board shall cause notice of the caucuses to be published as required
by this Section and shall fix the place within the new township for holding the
caucuses.
(Source: P.A. 102-15, eff. 6-17-21.)
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(60 ILCS 1/45-15)
Sec. 45-15.
Township central committee.
The township central committee of
the township, which is hereby created for the purposes of this Code, shall
consist of (i) in all counties of 3,000,000 or less, the elected or appointed
precinct committeemen of each established political party within the township
or (ii) in counties of 3,000,000 or more, the elected or appointed township
committeemen of each established political party. The committee, by a majority
of those voting, shall promulgate rules of procedure under Section 45-50.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/45-20)
Sec. 45-20. Caucus result; filing nomination papers; certifying candidates.
(a) The township central committee shall canvass and declare the result of
the caucus.
(b) The chairman of the township central committee shall, not more than 113
nor less than 106 days before the township election, file nomination papers as
provided in this Section. The nomination papers shall consist of (i) a
certification by the chairman of the names of all candidates for office in the
township nominated at the caucus and (ii) a statement of candidacy by each
candidate in the form prescribed in the general election law. The nomination
papers shall be filed in the office of the township clerk, except that if the
township is entirely within the corporate limits of a city, village, or
incorporated town under the jurisdiction of a board of election commissioners,
the nomination papers shall be filed in the office of the board of election
commissioners instead of the township clerk.
(c) The township clerk shall certify the candidates so nominated to the
proper election authorities not less than 68 days before the township election.
The election shall be conducted in accordance with the general election law.
(Source: P.A. 99-522, eff. 6-30-16.)
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(60 ILCS 1/45-25)
Sec. 45-25. Caucus in multi-township district.
(a) On the first Wednesday in December preceding the date of any election at
which township officers are to be elected, a caucus shall be held by the voters
of each established political party in a multi-township district to nominate
its candidates for township assessor.
(b) For purposes of this Code, the multi-township central committee of
each established political party shall consist of the elected or appointed
precinct committeemen of each established political party within the
multi-township district and shall promulgate rules of procedure under Section
45-50.
(c) The multi-township central committee of each established
political party shall cause notices of the caucuses to be published. The
notices shall state the time and place where the caucus for each established
political party will be held within the multi-township district and shall be
published in a newspaper of general circulation in the district 10 days before
the caucuses are held. Not less than 30 days before the caucus, the
multi-township clerk shall notify the chairman or membership of each
multi-township central committee by first-class mail of the chairman's or
membership's obligation to report the time and location of the political
party's caucus. Not less than 20 days before the caucus, each chairman of the
multi-township central committee shall notify the multi-township clerk by
first-class mail of the time and location of the political party's caucus. If
the time and location of 2 or more political party caucuses conflict, the
multi-township clerk shall establish, by a fair and
impartial public lottery, the time and location for each caucus.
(d) The result of the election shall be canvassed in the manner provided by
the general election law.
(e) The chairman of the multi-township central committee shall, not more
than 113 nor less than 106 days before the multi-township election, file
nomination papers as provided in this Section. The nomination papers shall
consist of (i) a certification by the chairman of the names of all candidates
for office in the township nominated at the caucus and (ii) a statement of
candidacy by each candidate in the form prescribed in the general election law.
The nomination papers shall be filed in the office of the election authority.
The election shall be conducted in accordance with the general election law.
(Source: P.A. 97-81, eff. 7-5-11.)
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(60 ILCS 1/45-30)
Sec. 45-30.
Validity of nomination papers.
(a) Nomination papers filed under this Article are not valid unless the
candidate named in the papers files with the township clerk or the board of
election commissioners, as the case may be, a receipt from the county clerk
showing that the candidate has filed a statement of economic interests as
required by the Illinois Governmental Ethics Act in relation to the township
within the period for the filing of nomination papers under this Article or
within a year preceding the date on which the candidate's nomination papers
were filed. The receipt shall be filed not later than the last day
on which nomination papers may be filed.
(b) Nomination papers filed under this Article on behalf of a candidate for
the office of township or multi-township assessor are not valid unless the
candidate named in the papers files with the township clerk or the board of
election commissioners, as the case may be, proof of the candidate's
qualifications as provided in Section 2-45 of the Property Tax Code.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/45-35)
Sec. 45-35.
Notice to candidates to file reports.
The township clerk or
board of election commissioners, as the case may be, shall notify the person
for whom such nomination papers are filed of the obligation to file statements
of organization, reports of campaign contributions, and annual reports of
campaign contributions and expenditures in the manner prescribed by the general
election law.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/45-40)
Sec. 45-40.
Assessor candidates; notice to file proof of qualifications.
(a) In the case of candidates for the office of township or multi-township
assessor, the township clerk or board of election commissioners, as the case
may be, shall notify the candidates of the obligation to file proof of their
qualifications as provided in Section 2-45 of the Property Tax Code.
(b) In the case of candidates for the office of multi-township assessor,
the notification under subsection (a) shall be made to a candidate for that
office by the election authority.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/45-45)
Sec. 45-45.
Costs of caucus elections.
The costs of caucus elections shall
be borne by the township.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/45-50)
Sec. 45-50. Caucus procedures.
(a) The rules of procedure for conducting a township or multi-township
caucus must be approved and may be amended by a majority vote of the qualified
participants attending the caucus. No participant shall be able to participate
or vote at any township or multi-township caucus if the person is or was at
anytime during the 12 months before the caucus any of the following:
(1) An elected or appointed public official of | ||
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(2) An elected or appointed officer, director, | ||
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(3) A judge of election under Article 13 or 14 of the | ||
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(4) A voter who voted in the primary election of | ||
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(b) The rules of procedure shall include the following:
(1) No caucus shall commence earlier than 6:00 p.m.
(2) The caucus shall commence at the place specified | ||
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(3) Procedures by which qualified caucus participants | ||
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(4) Nominations for selection as a candidate shall be | ||
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(5) The method of voting (i.e., written ballot, voice | ||
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(6) Whether candidates will be selected as a slate or | ||
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(7) Whether written notice of intent to be a caucus | ||
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(8) Other rules deemed necessary by the central | ||
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(9) A participant in a caucus shall be entitled to | ||
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(c) Individuals participating at an established political party township
or multi-township caucus shall comply with each of the following:
(1) A participant shall be registered under Article | ||
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(2) A participant shall be registered within the | ||
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(3) A participant shall sign an affidavit that he or | ||
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(4) A participant shall not take part in the | ||
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(5) A participant shall not sign a petition of | ||
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(6) A participant shall not become an independent | ||
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(d) The voters participating at an established political party township or
multi-township caucus shall not select for nomination more candidates than
there are to be elected for each office.
(e) No candidate for nomination at a township or multi-township caucus
shall be required to do either of the following:
(1) Circulate and file nominating petitions to become | ||
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(2) File a fee to become a candidate at the caucus.
(Source: P.A. 100-219, eff. 8-18-17.)
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(60 ILCS 1/45-55) Sec. 45-55. Nomination by primary election. In (i) counties having a population of more than 3,000,000, the township central committee of a political party composed of the elected township committeeman and his or her appointed precinct committeemen and (ii) townships with a population of more than 15,000 in counties with a population of 3,000,000 or less, the township central committee of a political party composed of the precinct committeemen may, with respect to any regular township election, determine that its candidates for township offices shall be nominated by primary in accordance with the general election law, rather than in the manner provided in Sections 45-5 through 45-45. If the township central committee makes that determination, it must file a statement of the determination with the county clerk no later than August 15 preceding the township election. If the township or any part of the township is within the jurisdiction of a board of election commissioners, the township central committee shall promptly notify the board of election commissioners of the determination. Upon the filing of the determination by the township central committee of a political party, the provisions of the general election law shall govern the nomination of candidates of that political party for township offices for the election with respect to which the determination was made.(Source: P.A. 103-600, eff. 7-1-24.) |
(60 ILCS 1/45-60)
Sec. 45-60.
Nominations in certain other cases.
Certain candidates for
township offices may be nominated as provided in Article 10 of the Election
Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 50 heading) ARTICLE 50. ELECTION OF
TOWNSHIP OFFICERS; DISCONTINUANCE
OF TOWNSHIP OFFICES
(Source: P.A. 100-187, eff. 8-18-17.) |
(60 ILCS 1/50-5)
Sec. 50-5.
Time of election and terms outside Cook County.
(a) Except as provided for Cook County in Section 50-10, and subject to the
requirements of the general election law and the referendum provisions in
Sections 50-25 and 50-30, at the time of the regular township election provided
in the general election law, there shall be elected one township collector.
The collector shall hold his office for a term of 4 years and until a successor
is elected and qualified.
(b) At the time of the regular township election provided in the general
election law, there shall be elected a township supervisor. The supervisor
shall be ex-officio supervisor of general assistance. The supervisor shall hold
office for a term of 4 years and until a successor is elected and qualified.
(c) At the time of the regular township election provided in the general
election law, there shall be elected one township clerk. The clerk shall hold
office for a term of 4 years and until a successor is elected and qualified.
(d) At the time of the regular township election provided in the general
election law, there shall be elected by ballot one township or multi-township
assessor, as the case may be, in the manner provided in the general election
law. The assessor shall hold office for a term of 4 years and until a successor
is elected and qualified.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/50-10)
Sec. 50-10.
Time of election and terms in Cook County.
(a) Township supervisors, township clerks, and township collectors shall be
elected in their respective townships in Cook County at the time of the regular
township election provided in the general election law. They shall hold their
offices for 4 years and until their successors are elected and qualified.
(b) Those townships in Cook County lying outside the corporate limits of the
City of Chicago, the boundaries of which are co-extensive with the corporate
limits of a city, village, or incorporated town, shall elect a township
assessor at the time of the regular township election provided in the general
election law. Those township assessors shall hold their offices for 4 years
and until their successors are elected and qualified.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/50-15)
Sec. 50-15. Time of entering upon duties.
(a) In all counties, the township collectors elected at the township
election shall enter upon their duties on January 1 next following their
election and qualification.
(b) In all counties, township supervisors and township clerks shall enter upon their duties on the third
Monday
of May following their election.
(c) Beginning with elections in 1981 in all counties, the township and
multi-township assessors shall enter upon their duties on January 1 next
following their election.
(Source: P.A. 93-847, eff. 7-30-04.)
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(60 ILCS 1/50-20)
Sec. 50-20. Counties with no township collector. (a) No collector in counties under 100,000. In counties under
township organization, having a population of less than 100,000, there shall be
no township collector elected. The county collector shall be ex-officio
township collector, and all the duties of the township collector shall devolve
upon and be performed by the county collector.
(b) No collector in counties over 2,000,000. In counties having a population of more than 2,000,000 inhabitants there shall be no township collector elected on and after the effective date of this amendatory Act of the 97th General Assembly. Upon the completion of the terms of office of township collectors holding office on the effective date of this amendatory Act of the 97th General Assembly, the township assessor shall be the ex-officio township collector, and all the duties of the township collector shall devolve upon and be performed by the township assessor. (Source: P.A. 97-857, eff. 7-27-12.)
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(60 ILCS 1/50-25)
Sec. 50-25.
Referendum to elect township collector.
(a) In counties under township organization having a population of more
than 100,000 as determined by the last preceding federal census (except Cook
County) in which no township collectors were elected in the year 1937, no
township collectors shall be elected unless the proposition to elect those
officers has first been submitted to the electors of the county and approved in
the manner provided in this Section.
(b) Whenever a petition for referendum, signed by at least 10% of the total
number of voters voting at the last general election at which any county
officer was elected, is filed with the county clerk not less than 78 days
before a regular election, the county clerk shall certify for submission the
proposition of electing township collectors in townships in counties described
in subsection (a) in accordance with the general election law. The proposition
shall be in substantially the following form:
Shall township collectors be elected for the several | ||
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The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting on the proposition vote in favor of
it, there shall be elected in each township in the county at the next regular
election for township offices one township collector. The collector shall hold
office until the date of the expiration of the term of office of township
collectors in Cook County as provided in Section 50-10, and until a successor
is elected and qualified. Successors shall hold office for a term of 4 years
and until their successors are elected and qualified.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/50-30)
Sec. 50-30.
Referendum to discontinue office of township collector.
(a) Each county under township organization having a population of more
than 100,000 according to the last preceding federal census (except Cook
County) in which township collectors were elected for the townships of the
county in the year 1937, and counties under township government that have by
referendum under Section 50-25 provided for the election of township
collectors, may at a regular election submit to a further referendum the
question of discontinuing the office of township collector in the county
in the manner provided in this Section.
(b) Whenever a petition, signed by at least 10% of the total number of
voters at the last general election at which any county officer was elected and
requesting submission to the voters of the county of the proposition of
discontinuing the office of the township collector in the county, is filed with
the county clerk not less than 78 days before a regular election, the county
clerk shall submit the proposition in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall the office of township collector be | ||
| ||
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting on the proposition vote in favor of
the discontinuance of the office of township collector, no township collectors
shall thereafter be elected in the county unless there has again been submitted
to the voters of the county and approved by them a proposition to establish the
office of township collector.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/50-32) Sec. 50-32. Sangamon County township collectors. (a) Notwithstanding any other provision of this Article, the offices of township collector in Sangamon County are discontinued on January 1, 2022. On January 1, 2022, the Sangamon County Treasurer assumes the duties of each township collector in Sangamon County. (b) If a township collector's office becomes vacant in Sangamon County before January 1, 2022, the vacancy may not be filled and the Sangamon County Treasurer shall assume the duties of that township collector.
(Source: P.A. 100-187, eff. 8-18-17.) |
(60 ILCS 1/50-35)
Sec. 50-35.
Further submission of proposition.
The result of any vote on any
referendum under Section 50-25 or 50-30 shall not be deemed a bar to the
further submission of any proposition authorized in this Section.
(Source: P.A. 88-62.)
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(60 ILCS 1/50-40)
Sec. 50-40. Township trustees; time of election and terms. Except in
townships organized under Article 15, at the regular township election provided
in the general election law there shall be elected 4 members to serve on the
township board. They shall be known as township trustees and shall hold their
office for a term of 4 years beginning the third Monday of May following
their election and until their successors are elected and qualified.
(Source: P.A. 93-847, eff. 7-30-04.)
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(60 ILCS 1/50-45)
Sec. 50-45.
General election law; definitions.
(a) The general election law applies to the conduct of all township
elections and referenda except those held at an annual or special township
meeting, which shall be under the jurisdiction of the township clerk and rules
covering the annual township meeting or a special township meeting.
(b) As used in this Code in connection with elections of township
officers and referenda, the following election definitions apply:
(1) "Voter" or "legal voter" or "elector" means a | ||
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(2) "Certify" and "certification", when used in | ||
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(3) "Submit" and "submission", when used in | ||
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(Source: P.A. 87-738; 88-62.)
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(60 ILCS 1/Art. 55 heading) ARTICLE 55.
QUALIFICATION AND TENURE OF
TOWNSHIP OFFICERS
|
(60 ILCS 1/55-5)
Sec. 55-5.
Legal voter and resident.
No person is eligible to hold any
office unless he or she is a legal voter and has been a resident of the
township for one year.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-6) Sec. 55-6. Criminal conviction. A person is not eligible to hold any office if that person, at the time required for taking the oath of office, has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony.
(Source: P.A. 99-546, eff. 7-15-16.) |
(60 ILCS 1/55-10)
Sec. 55-10.
Oath or affirmation.
Every person elected or appointed to the
office of supervisor, township clerk, assessor, trustee, commissioner of
highways, township enforcement officer, or collector, before entering upon the
duties of that office, shall take and subscribe, before any person authorized
to administer an oath of office, the oath or affirmation of office prescribed
by the Constitution. Within 8 days after the oath or affirmation is taken and
subscribed, it shall be filed in the office of the township clerk or the clerk
of the multi-township board, as the case may be, and the county clerk.
(Source: P.A. 86-769; 88-62.)
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(60 ILCS 1/55-15)
Sec. 55-15.
Neglect to take oath or affirmation.
If any person elected or
appointed to any of the offices specified in Section 55-10 neglects to take and
subscribe the oath or affirmation and cause the certificate to be filed as
required in Section 55-10, the neglect shall be deemed a refusal to serve.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-20)
Sec. 55-20.
Pound master; acceptance of office.
Every person appointed to
the office of pound master, before he or she enters on the duties of the office
and within 10 days after being notified of his or her election or appointment,
shall cause to be filed in the office of the township clerk a notice signifying
his or her acceptance of the office. A neglect to cause the notice to be filed
shall be deemed a refusal to serve.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-25)
Sec. 55-25.
Collector; bond; oath.
Every person elected to the office of
collector, before he or she enters upon the duties of the office, shall give
the bond required by law. If any person elected to the office of collector
does not give the security and take the oath or affirmation required under
Section 55-10 within the time limited for that purpose, the neglect shall be
deemed a refusal to serve.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-30)
Sec. 55-30.
Refusal to serve; forfeiture.
If any person elected to the
office of supervisor, township clerk, assessor, or commissioner of highways
refuses to serve, he or she shall forfeit to the township the sum of $25.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-35)
Sec. 55-35.
Entering upon duties of office before taking oath; forfeiture.
If any township officer who is required by law to take the oath of office
enters upon the duties of his or her office before taking the oath, he or she
shall forfeit to the township the sum of $50.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-37)
Sec. 55-37.
Misconduct of officers; penalty.
Every township officer who is
guilty of a palpable omission of duty, or who is guilty of willful and corrupt
oppression, malconduct, or misfeasance in discharging the duties of the office,
shall be guilty of a business offense and, on conviction, shall be fined not
more than $1,000. The court in which the conviction occurs shall enter an
order removing the convicted officer from office.
(Source: P.A. 87-946; 88-62.)
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(60 ILCS 1/55-40)
Sec. 55-40.
Demand for books and papers by successor upon expiration of
predecessor's term. Whenever the term of any supervisor, township clerk, or
commissioner of highways expires and another person is elected or appointed to
that office, the successor, immediately after he or she enters upon the duties
of the office, shall demand of his or her predecessor all the books and papers
belonging to the office and under the predecessor's control.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-45)
Sec. 55-45.
Demand for books and papers by successor upon vacancy.
Whenever
any officer named in Section 55-40 resigns or the office becomes vacant in any
way, and another person is elected or appointed in the officer's stead, the
person so elected or appointed shall make the demand required under Section
55-40 of his or her predecessor or of any person having charge of those books
and papers.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-50)
Sec. 55-50.
Demand on executor or administrator of deceased officer.
Upon
the death of any of the officers named in Section 55-40, the successor of the
officer shall make the demand required under that Section of the executors or
administrators of the deceased officer. The executors or administrators shall
deliver up, on oath, all records, books, and papers in their possession or
under their control belonging to the office and held by their testator or
intestate.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-55)
Sec. 55-55.
Delivery of records.
It is the duty of every person going out of
office, whenever required under Section 55-45 or 55-50, to deliver up, on oath,
all the records, books, and papers in his or her possession or in his or her
control belonging to that office. The oath may be administered by the officer
to whom the delivery is to be made. It shall also be the duty of every
supervisor and commissioner of highways going out of office, at the same time,
to pay over to his or her successor the balance of moneys remaining in his or
her hands as ascertained by the trustees of township accounts.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/55-65)
Sec. 55-65.
Prohibited activities.
All township officers shall be
subject to the Public Officer Prohibited Activities Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 60 heading) ARTICLE 60.
VACANCIES IN TOWNSHIP OFFICES AND THE
MANNER OF FILLING THEM
|
(60 ILCS 1/60-5)
Sec. 60-5. Filling vacancies in township offices. (a) Except for the office of
township or multi-township assessor, if a township fails to elect the number of
township officers that the township is entitled to by law, or a person elected
to any township office fails to qualify, or a vacancy in any township office
occurs for any other reason including without limitation the resignation of an officer or the conviction in any court of the State of Illinois or of the United States of an officer for an infamous crime, then the township board shall fill the vacancy by
appointment, by warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the remainder of the
unexpired terms. All persons so appointed shall have the same powers and
duties and are subject to the same penalties as if they had been elected or
appointed for a full term of office. A vacancy in the office of township or
multi-township assessor shall be filled only as provided in the Property Tax
Code.
For purposes of this subsection (a), a conviction for an offense that disqualifies an officer from holding that office occurs on the date of (i) the entry of a plea of guilty in court, (ii) the return of a guilty verdict, or (iii) in the case of a trial by the court, the entry of a finding of guilt. (b) If a vacancy on the township board is not filled within 60 days, then a
special township meeting must be called under Section 35-5 to select a
replacement under Section 35-35.
(b-5) If the vacancy being filled under subsection (a) or (b) is for the township supervisor, a trustee shall be appointed as deputy supervisor to perform the ministerial functions of that office until the vacancy is filled under subsections (a) or (b). Once the vacancy is filled under subsections (a) or (b), the deputy supervisor's appointment is terminated. (c) Except as otherwise provided in this Section, whenever any township or
multi-township office becomes vacant or temporarily vacant, the township or multi-township board may
temporarily appoint a deputy to perform the ministerial functions of the vacant
office until the vacancy has been filled as provided in subsection (a) or (b). If the office is temporarily vacant, the temporarily appointed deputy may perform the ministerial functions of the vacant office until the township officer submits a written
statement to the appropriate board that he or she is able to resume
his or her duties. The statement shall be sworn to before an officer authorized
to administer oaths in this State. A temporary deputy shall not be permitted
to vote at any meeting of the township board on any matter properly before the
board unless the appointed deputy is a trustee of the board at the time of the vote. If the appointed deputy is a trustee appointed as a temporary deputy, his or her trustee compensation shall be suspended until he or she concludes his or her appointment as an appointed deputy upon the permanent appointment to fill the vacancy. The compensation of a temporary deputy shall be determined by the
appropriate board. The township board shall not appoint a deputy clerk if
the township clerk has appointed a deputy clerk under Section 75-45.
(d) Except for the temporary appointment of a deputy under subsection (c), any person appointed to fill a vacancy under this Section shall be a
member of the same political party as the person vacating the office if the
person vacating the office was elected as a member of an established
political party, under Section 10-2 of the Election Code, that is
still in existence at the time of appointment. The appointee shall
establish his or her political party affiliation by his or her record
of voting in party primary
elections or
by holding or having held an office in a political party organization before
appointment. If the appointee has not voted in a party primary election
or
is not holding
or has not held an office in a political party organization before the
appointment, then the
appointee shall establish his or her political party affiliation by his or her
record of
participating in a political party's nomination or election caucus.
(Source: P.A. 101-104, eff. 7-19-19.)
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(60 ILCS 1/60-15)
Sec. 60-15.
Warrant of appointment.
When any appointment is made under
Section 60-5 or 60-10, the officers making the appointment shall cause the
warrant of appointment to be promptly filed in the office of the township
clerk, who shall immediately give notice to each person appointed.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/60-20)
Sec. 60-20.
Resignation of officer.
(a) The township board may, for sufficient cause shown to them, accept the
resignation of any officer of their township. Whenever they accept a
resignation, the township clerk shall make a minute of the acceptance upon the
township records. A resignation of a multi-township assessor, however, shall
be made to and may be accepted by the multi-township board, and the clerk of
the multi-township board shall make the minute upon the records of the
multi-township board and forward a copy of the resignation and minute to the
county clerk, the Department of Revenue, each of the township boards in
the multi-township jurisdiction, and the supervisor of assessments for
entry upon their permanent records.
(b) Resignations become effective upon acceptance by the township
or multi-township board, as the case may be.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/Art. 65 heading) ARTICLE 65.
COMPENSATION AND FEES
OF TOWNSHIP OFFICERS
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(60 ILCS 1/65-5)
Sec. 65-5. Compensation of township officers. Township officers are entitled
to compensation at the rates specified in this Article for each day necessarily
devoted by them to the services of the township in the duties of their
respective offices.
Compensation set by a multi-township board for the multi-township assessor
shall be set at least 150 days before the election of that officer.
Compensation set by a township board for the township assessor and collector
shall be set at the same time the compensation of its supervisor is set. Compensation shall be for time served, and no township officer may receive compensation for any future or anticipated days of duty.
(Source: P.A. 97-736, eff. 7-3-12.)
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(60 ILCS 1/65-10)
Sec. 65-10.
(Repealed).
(Source: Repealed by P.A. 88-670; predecessor Section repealed by P.A.
88-360.)
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(60 ILCS 1/65-15)
Sec. 65-15.
(Repealed).
(Source: P.A. 88-62. Repealed by P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/65-20)
Sec. 65-20. Road district treasurer; new township; multi-township
officers. (a) Compensation of township officers shall be set by the township board
at least 180 days before the beginning of the terms of officers,
including compensation of the road district treasurer, which shall be not less
than $100 or more than $1,000 per year.
Compensation of a township assessor and collector shall be set at the same
time as the compensation of the township supervisor. Compensation of a
multi-township assessor shall be set at least 150 days before his or her
election.
(b) The compensation to be paid to each officer in a new township
established under Section 10-25 shall be determined under this Section by
the township board of the township the whole or a part of which
comprises the new township and that has the highest equalized assessed
valuation (as of December 31, 1972) of the old townships that comprise the new
township.
(c) At least 150 days before the
election of multi-township officers, the multi-township board may establish
additional pay of those board members for their services in an amount not to
exceed $25 per day for each day of services.
(d) For the first term of a township consolidated or merged under Article 22 or 23, compensation for township officers of the consolidated or merged township shall be set by the Transition Township Board no later than the first day in April before the consolidated election at which the township officers are to be elected. (Source: P.A. 100-107, eff. 1-1-18.)
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(60 ILCS 1/65-25)
Sec. 65-25.
Township assessor compensation.
The township assessor shall
receive for his or her services as assessor a sum as provided in the Property
Tax Code as full compensation for services performed by township assessors in
making assessments of property.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/65-30)
Sec. 65-30.
Poundmaster fees.
(a) The poundmaster shall be allowed the following fees for his
services: for taking into and discharging from the pound horses, asses, mules,
and neat cattle, 10¢ each; sheep or lambs, 3¢ each; and swine, 5¢ each.
(b) The poundmaster may receive reasonable charges for the keeping
of animals described in subsection (a). The amount of the charge may be
regulated by the electors at a township meeting.
(Source: P.A. 86-1028; 88-62.)
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(60 ILCS 1/65-35)
Sec. 65-35.
Township collector commission.
(a) The township or district collector shall be allowed a commission of
2% of all moneys collected by him or her, to be paid out of the respective
moneys collected. From that commission, the township or district collector
shall be allowed the following amounts of compensation for his or her services:
(1) In counties of the first class, 2.2% on the first | ||
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(2) In counties of the second class, 1.5% on the | ||
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(3) In counties of the third class, 2.2% on the first | ||
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(b) In addition, the township or district collector in townships other than
townships whose corporate limits are coextensive with cities or villages shall
be allowed, from the commission allowed under subsection (a), an amount
sufficient to pay his or her expenses necessarily incurred in the collection of
taxes, including office expenses, employees' salaries, and other necessary
expenses. This amount is payable only if the collector has submitted his or her
annual budget to the township board and the board has approved it.
(c) After payment of the amounts described in subsections (a) and (b) to the
township or district collector as compensation for his or her services, the
excess of the commission allowed shall be paid into the township treasury,
except that in a township comprised of only one village or city whose corporate
limits are coextensive with the corporate limits of the township, the excess
shall be paid into the village or city treasury. The township or village board
or city council may allow, to the township or district collector of a township
whose corporate limits are co-extensive with the corporate limits of a city or
village, expense money to cover costs of collection out of the excess
commission.
(Source: P.A. 86-1028; 88-62.)
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(60 ILCS 1/Art. 70 heading) ARTICLE 70.
TOWNSHIP SUPERVISOR
|
(60 ILCS 1/70-5)
Sec. 70-5. Supervisor; bond.
(a) The supervisor, before entering upon the duties of the office, shall
give bond to the township, with one or more sureties, (i) in at least double
the amount of money that may come into the supervisor's hands, if individuals
act as sureties, or (ii) only in the amount of money that may come into the
supervisor's hands, if a surety company authorized to do business in this State
acts as surety. The bond shall be conditioned on the faithful discharge of his
or her duties as supervisor and require that he or she safely keep and pay over
all money entrusted to his or her keeping as supervisor. The bond shall be
approved by the township clerk and filed in the clerk's office with the clerk's
approval indorsed on it.
(b) Whenever the township clerk ascertains that the bond has been forfeited,
the clerk shall institute suit against the supervisor. If the clerk fails or
refuses to institute a suit, any person interested in the matter may institute
a suit.
(Source: P.A. 101-519, eff. 8-23-19.)
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(60 ILCS 1/70-10)
Sec. 70-10.
Depository for township moneys.
(a) The township board shall from time to time, when
requested by the supervisor, designate one or more banks or savings and
loan associations in which the funds and moneys of the township in the custody
of the supervisor shall be kept. When a bank or savings and loan association
has been designated as a depository, it shall continue as a depository until 10
days have elapsed after a new depository is designated and has qualified by
furnishing the statements of resources and liabilities required by Section 6 of
the Public Funds Investment Act.
(b) When a new depository is designated, the township board shall notify the
sureties of the supervisor of that fact, in writing, at least5 days before the
transfer of funds. The supervisor shall be discharged from responsibility for
all township funds and moneys which he or she deposits in a depository
designated under this Section while those funds and moneys are deposited.
(c) No bank or savings and loan association shall receive public
funds under this Section unless it has complied with Section 6 of the Public
Funds Investment Act.
(Source: P.A. 83-1362; 88-62.)
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(60 ILCS 1/70-15)
Sec. 70-15. Chief executive officer; fiscal duties; penalty for neglect.
(a) The supervisor is the chief executive officer of the township.
(b) The supervisor shall receive and pay out all moneys raised in the
township for defraying township charges, except those raised for the support of
highways and bridges, and for township library purposes.
(c) The supervisor shall, within 30 days before the annual township
meeting, prepare and file with the township clerk a full unaudited statement
of the financial affairs of the township, showing (i) the balance (if any)
received by the supervisor from his or her predecessor in office or from any
other source; (ii) the amount of tax levied the preceding year for the payment
of township indebtedness and charges; (iii) the amount collected and paid over
to the supervisor as supervisor; (iv) the amount paid out by the supervisor and
on what account, including any amount paid out on township indebtedness,
specifying the nature and amount of the township indebtedness, the amount paid
on the indebtedness, the amount paid on principal, and the amount paid on
interest account; and (v) the amount and kind of all outstanding indebtedness
due and unpaid, the amount and kind of indebtedness not yet due, and when the
indebtedness not yet due will mature. The township clerk shall record the
statement in the record book of the township as soon as it is filed and
shall post
a copy of the statement at the place of holding the annual township meeting 2
days before the meeting is held. The clerk shall also read aloud the unaudited statement or provide a copy of the unaudited statement
to the electors at the annual township meeting.
(d) Any supervisor or township clerk who wilfully neglects to comply with
this Section shall forfeit and pay to the township the sum of not less than $50
nor more than $200. The amount forfeited shall be sued for and recovered by the
township in its corporate name and shall be appropriated to repairs of highways
and bridges in the township.
(Source: P.A. 98-1108, eff. 1-1-15.)
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(60 ILCS 1/70-20)
Sec. 70-20.
Prosecution for penalties and forfeitures.
The supervisor shall
prosecute in the name of the township or otherwise, as may be necessary, for
all penalties or forfeitures given by law to the township or for its use and
for which no other officer is especially directed to prosecute, except as may
be otherwise directed by the electors at a township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/70-25)
Sec. 70-25.
Account of receipts and expenditures.
(a) The supervisor shall keep a just and true account of the receipts and
expenditures of all moneys that come into the supervisor's hands by virtue of
the office, in a book to be provided for that purpose at the expense of the
township. The book shall be delivered to the supervisor's successor in office.
(b) This Section is subject to the Local Records Act.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/70-27) Sec. 70-27. Attestation to funds endorsed by the supervisor. If a township supervisor issues a payout of funds from the township treasury, the township clerk shall attest to such payment. A township board may adopt rules to implement the provisions of this Section, including rules regulating the township clerk's attestation when the township clerk is temporarily unavailable, for payroll processing, and for the payout of funds made by cash, credit and debit card, electronic check, and other means. Attestation under this Section is not required by the township clerk prior to the issuance of an emergency financial assistance payout authorized by Section 6-10 of the Illinois Public Aid Code.
(Source: P.A. 100-983, eff. 1-1-19; 101-81, eff. 7-12-19; 101-519, eff. 8-23-19.) |
(60 ILCS 1/70-30)
Sec. 70-30.
Annual accounting to township board; certificate of
board.
(a) Within 30 days before the annual township meeting, the supervisor
shall account to the township board for all moneys received
and
disbursed by the supervisor in his or her official capacity.
(b) The supervisor shall provide each member of the township board with a
copy of his or her statement filed in accordance with Section 1 of the Public
Funds Statement Publication Act as soon as possible after filing the
statement.
(Source: P.A. 88-62; 89-331, eff. 8-17-95.)
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(60 ILCS 1/70-35)
Sec. 70-35.
Periodic presentation of accounts to township board.
The
supervisor shall receive all accounts that may be presented to him or her
against the township and shall lay them before the township board at or before
their next meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/70-37)
Sec. 70-37.
Township attorney.
The supervisor, with the advice and consent
of the township board, may appoint a township attorney. The township
attorney's compensation shall be fixed as provided in Section 100-5.
(Source P.A. 87-708; 88-62; 88-360; 88-572, eff. 8-11-94; 88-670, eff.
12-2-94.)
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(60 ILCS 1/70-40)
Sec. 70-40.
Failure to perform duties; forfeiture and
disqualification.
If any supervisor refuses or wilfully
neglects to
perform any of the duties of the office under the preceding Sections
of this Article, he or she shall forfeit to the township
the sum of $50 and shall be
disqualified to act as the supervisor of the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/70-45) Sec. 70-45. Supervisors in Cook County. The supervisors of townships in Cook County shall perform the same duties as supervisors of townships in other counties under township organization, except that they shall not be members of the county board or exercise any of the powers of county board members. They shall have the same compensation for their services prescribed by law for similar services rendered by other township supervisors. Township supervisors may serve as members of the Cook County Townships Public Aid Committee. The supervisors shall not receive additional compensation for duties associated with the Cook County Townships Public Aid Committee but shall be reimbursed for actual and necessary expenses related to service on the Committee. The compensation for a supervisor of a township in Cook County may not be increased during the term of office for which the supervisor is elected or appointed. An ordinance establishing compensation, including an increase or decrease in a supervisor's compensation, shall apply uniformly to the supervisors whose terms start after enactment of the compensation ordinance. A township is prohibited from decreasing the salary for a person elected as supervisor of a township while maintaining the salary of an incumbent. An ordinance that violates this paragraph is null and void.(Source: P.A. 103-600, eff. 7-1-24.) |
(60 ILCS 1/70-50)
Sec. 70-50.
Supervisor of general assistance.
The township
supervisor shall be ex officio supervisor of general assistance in the
township and shall administer the general assistance program in the
township as provided in Articles VI, XI, and XII of the Illinois Public Aid
Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/70-55)
Sec. 70-55.
Member of board of health.
The township supervisor
shall be a member of the board of health for a public health district as
provided in the Public Health District Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/70-60)
Sec. 70-60.
Road district treasurer.
In each road district
comprised of a single township, the township supervisor shall be ex officio
treasurer for the road district and shall execute a bond and have powers
and duties as provided in Article 6 of the Illinois Highway Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 73 heading) ARTICLE 73.
HIGHWAY
COMMISSIONER
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(60 ILCS 1/73-5)
Sec. 73-5.
Officer of township; election; powers and duties.
The
highway commissioner of each road district comprised of a single township
shall have powers and duties as provided in Article 6 of the Illinois Highway
Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 75 heading) ARTICLE 75.
TOWNSHIP CLERK
|
(60 ILCS 1/75-5)
Sec. 75-5.
Custodian of records.
(a) The township clerk shall have the custody of all records, books,
and papers of the township and shall duly file all certificates or oaths
and other papers required by law to be filed in the clerk's office. This
Section is subject to the Local Records Act.
(b) The clerk may administer oaths and take affidavits in all cases required
by law to be administered or taken by township officers. The clerk may
administer oaths for absent voters as required by the general election law.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/75-10)
Sec. 75-10.
Township meeting records.
The township clerk shall record in the
book of records of the township the minutes of the proceedings of every
township meeting held in the township and shall enter in the book every order
or direction and all by-laws, rules, and regulations made by the electors at
any township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/75-15)
Sec. 75-15.
Copies of vote entries.
The township clerk shall deliver to the
supervisor, before the annual meeting of the county board of the county, in
each year, certified copies of all entries of votes for raising money made
since the last annual meeting of the county board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/75-20)
Sec. 75-20.
Certification of taxes.
The township clerk shall annually, at
the time required by Section 18-15 of the Property Tax Code, certify to the
county clerk the amount of taxes required
to be raised for all township purposes.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/75-25)
Sec. 75-25.
Failure to make return; petty offense.
If a township clerk
wilfully omits to make a return required by this Article, he or she is guilty
of a petty offense and shall be fined, for each offense, not more than $10.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/75-30)
Sec. 75-30.
Deputy registration officer.
The township clerk, upon
appointment as a deputy registration officer by the county clerk under
the Election Code, shall have the powers and duties provided in the Election
Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/75-35)
Sec. 75-35.
Member of board of health.
The township clerk shall be
a member of the board of health for a public health district as provided in
the Public Health District Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/75-40)
Sec. 75-40.
Road district clerk.
In each road district comprised
of a single township, the township clerk shall be ex officio clerk for
the highway commissioner and shall have the powers and duties as provided in
Article 6 of the Illinois Highway Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/75-45)
Sec. 75-45.
Deputy clerk.
(a) The township clerk, when authorized by the township board, may appoint
one deputy clerk.
(b) The deputy clerk has the power and duty to do the following:
(1) Execute all documents required by law to be | ||
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(2) Attend bid openings with respect to the sale, | ||
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(3) Attend township meetings and township board | ||
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(c) The deputy clerk shall exercise the powers authorized under this Section
only in the absence of the township clerk from the place where the clerk's
office is maintained (in the case of powers described in paragraphs (1) and (2)
of subsection (b)) and only when (i) the clerk has directed the deputy clerk,
in writing, to exercise that power or (ii) the township board has determined by
resolution that the township clerk is temporarily or permanently incapacitated
to perform that function.
(Source: Incorporates P.A. 88-360; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 77 heading) ARTICLE 77.
TOWNSHIP
ASSESSOR
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(60 ILCS 1/77-5)
Sec. 77-5.
Election; powers and duties.
The township assessor shall
be elected and have powers and duties as provided in the Property Tax Code. The
township assessor also shall be a member of the board of health for a public
health district as provided in the Public Health District Act.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 78 heading) ARTICLE 78.
TOWNSHIP
COLLECTOR
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(60 ILCS 1/78-5)
Sec. 78-5.
Bond; powers and duties.
The township collector shall
execute a bond and have powers and duties as provided in the Property Tax
Code.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 80 heading) ARTICLE 80.
TOWNSHIP BOARD
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(60 ILCS 1/80-5)
Sec. 80-5.
Township board membership; officers.
(a) In each township, the township board shall consist of the supervisor and
4 other members elected at large from the township under Section 50-5. The
township clerk shall be the clerk of the township board but not a voting
member, except that in the case of a tie vote to fill a vacancy in a township
office, the clerk shall be entitled to cast one vote. Each person on the
township board shall cast but one vote. The supervisor shall be the chairman
of the board.
(b) In towns organized under Article 15, all the powers vested by law in the
township board shall be exercised by the city council.
(c) The designations "town auditors", "board of trustees", "board of town
trustees", "board of township trustees", and "town board" are changed to
"township board". Wherever the terms "auditors", "board of trustees", "board of
town trustees", board of township trustees", or "town board" are used in this
or any other Act to refer to township officers provided for by this Section,
they mean the township board. Wherever the term "trustees" is used in this or
any other Act to refer to township officers provided for by this Section, it
means the members of the township board other than the township supervisor.
(d) The change made by Public Act 79-341 does not reduce the term of any
member of a town board of auditors elected before its effective date (October
1, 1975) nor does it invalidate any action taken by a board of town auditors or
town trustees by reason of the designation used for the board in relation to
the action taken.
(Source: P.A. 85-694; 88-62.)
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(60 ILCS 1/80-10)
Sec. 80-10. Board meetings; township and road district accounts.
(a) The township board shall meet at the township clerk's office for the
purpose of examining and auditing the township and road district accounts
before any bills (other than general assistance, obligations for Social
Security taxes as required by the Social Security Enabling Act, and wages that
are subject to the Illinois Wage Payment and Collection Act, or other expenses determined by the township board by resolution) are paid, provided that payments made pursuant to a board resolution shall be reviewed and verified at the next meeting. The
board may meet at other times as they determine. The township board may
consider and approve bills individually or in a summary statement of any
number of bills.
(b) Upon the request of the supervisor or of any 2 board members, the
township clerk shall call a meeting at the time requested and shall furnish to
the board members at least 48 hours' notice of the meeting.
(c) The township board may declare a vacancy in the office of township
supervisor or trustee if the supervisor or a trustee has 5 or more consecutive
unexcused absences from regularly scheduled township board meetings.
(d) The township board may adopt rules not inconsistent with this Code to
govern its meetings. The rules may provide for excused absences of
the supervisor or trustees from township board meetings.
(e) All meetings of the township board shall be open to the
public as provided in the Open Meetings Act.
(Source: P.A. 98-1174, eff. 1-12-15.)
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(60 ILCS 1/80-15)
Sec. 80-15.
Supervisor and highway commissioner accounts.
(a) The township board shall, at the same time and place as stated in Section
80-10, examine the accounts of the supervisor (including all contingent
expenses necessarily incurred for the use and benefit of the township and
including the supervisor's accounts as supervisor of general assistance) and of
the commissioner of highways of the township for all moneys received and
distributed by them. The board shall also examine and audit (i) all charges
and claims against their township and against their road district (if not part
of a consolidated township road district) and (ii) the compensation of all
township officers (except the compensation of supervisors for county services).
(b) The examination and audit of the accounts of the supervisor as the
supervisor of general assistance and the accounts pertaining to Social Security
tax payments are not required to be conducted before payments for Social
Security taxes and general assistance are made by the supervisor. No
examination and audit is required before the payment of wages that are subject
to the Illinois Wage Payment and Collection Act.
(Source: P.A. 85-526; 88-62.)
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(60 ILCS 1/80-20)
Sec. 80-20.
Independent audit of accounts.
(a) All accounts audited under this Article (and those rejected, if any)
shall be delivered with the certificate of the trustees (or a majority of
them) to the township clerk, who shall keep them on file for the inspection
of any of the inhabitants of the township. They shall also be produced by
the township clerk at the next annual meeting and shall be read at the
meeting by the clerk.
(b) In townships that receive revenue of $850,000 or more during any fiscal
year, exclusive of road funds, the township board shall have the
accounts and all records of the township thoroughly audited by a certified
public accountant within 6 months after the close of each fiscal year. The
board shall have a copy of the accountant's report and recommendations filed
with the township clerk and another copy filed with the county clerk for public
inspection.
(c) In townships that receive revenue of less than $850,000 during any fiscal
year, exclusive of road funds, the township board shall have the
accounts and all records of the township audited and inspected by an
independent auditing committee composed of 3 township electors chosen by
the board. The audit shall be completed within 6 months after the close of
each fiscal year. A copy of the auditing committee's report and
recommendations shall be filed with the township clerk and another copy shall
be filed with the county clerk for public inspection. The auditing
committee shall not contain any member of the township board or
any person related to a trustee. Members of the auditing committee shall
be proficient in accounting principles and practices and shall be
compensated at a rate determined by the township board but not to exceed
$50 per day. In addition to the other audit requirements
imposed by law, in townships subject to this subsection, the township board
shall have the accounts and all records of the township thoroughly
audited by a certified public accountant within 6 months after (i) the end
of each term of office of the township supervisor and (ii) a vacancy occurs
in the office of township supervisor.
A copy of the accountant's report and recommendations shall be filed with the
township clerk and another copy shall be filed with the county clerk for public
inspection.
(Source: P.A. 92-582, eff. 7-1-02.)
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(60 ILCS 1/80-25)
Sec. 80-25.
Verification of accounts.
The township board may require any
account presented to be verified by an affidavit setting forth that the account
is correct and reasonable and is unpaid (or, if any part of the account has
been paid, setting forth the amount that has been paid).
(Source: P.A. 84-947; 88-62.)
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(60 ILCS 1/80-30)
Sec. 80-30.
Certification of claim or charge.
(a) The township board shall make a certificate, to be signed by a majority
of the board, specifying the nature of the claim or charge and to whom the
amount is allowed. The board shall cause the certificate to be delivered to
the township clerk, who shall keep it on file for the inspection of the
inhabitants of the township.
(b) The aggregate amount of claims or charges that have been reduced to
judgment shall be certified to the county clerk at the same time and in the
same manner as the other amounts required to be raised for township purposes,
which shall be levied and collected as other township taxes, except that in the
townships mentioned in Section 30-180, the amount shall be certified to the
county board, who shall include the amount in their estimate of the township's
expenses.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/80-35)
Sec. 80-35.
Township charges.
The following shall be deemed township
charges:
(1) The compensation of township officers for | ||
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(2) Contingent expenses necessarily incurred for the | ||
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(3) The moneys authorized to be raised by the vote of | ||
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(4) Every sum directed by law to be raised for any | ||
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(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/80-40)
Sec. 80-40.
Levy to defray township charges.
The moneys necessary to defray
the township charges of each township shall be levied on the taxable property
in the township in the manner prescribed in the Property Tax Code.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/80-45)
Sec. 80-45.
Township clerk as clerk of board.
The township clerk shall act
as clerk of the township board and shall record the proceedings of each meeting
of the board in a book which he or she shall provide for that purpose at the
expense of the township. The record shall include all certificates of accounts
audited by the board.
(Source: P.A. 83-380; 88-62.)
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(60 ILCS 1/80-50)
Sec. 80-50.
Payment of accounts; forfeiture for failure to pay.
(a) Accounts audited shall be paid by the supervisor within 20 days after
presentation of a certificate of the township clerk stating the amount and to
whom it is allowed, the account, and the date the account was audited. The
certificate shall be countersigned by the supervisor before payment of the
amount.
(b) Payments of wages to township employees, however, shall be made at least
once a month in accordance with a pay period schedule established by the
township board. The schedule shall provide for employee compensation for all
wages earned during the pay period, with payment to be made no later than 15
days after the end of the pay period.
(c) Failure by the supervisor to pay accounts audited as provided in this
Section, if the necessary funds are available and the account is a proper
expenditure, shall be grounds for forfeiture of his or her bond.
(Source: P.A. 83-380; 88-62.)
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(60 ILCS 1/80-55)
Sec. 80-55.
Multi-township board.
A multi-township board shall be organized
as provided in the Property Tax Code, and shall
have only the powers, duties, and responsibilities provided by law. Members of
a multi-township board may receive additional pay for their service, determined
by the multi-township board under Section 65-10, in an amount not to exceed $25
per day for each day of service and may be reimbursed for any actual expense
incurred in the discharge of their duties as members of the multi-township
board.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/80-60)
Sec. 80-60.
Annual budget and appropriation ordinance.
The
township board shall comply with the Illinois Municipal Budget Law.
The township board must, at least 30 days before the public hearing required
by Section 3
of the Illinois Municipal Budget Law, prepare or cause to be prepared a
tentative budget
and appropriation ordinance and file the ordinance with the township clerk.
The township clerk must make the tentative budget and appropriation ordinance
available for public
inspection for
at least 30 days before final action on the ordinance. The required public
hearing must be held on or
before the last
day of the first quarter of the fiscal year before the township board. Notice
of the hearing
must be given by publication in a newspaper published in the township at least
30 days
before the time of the hearing. If there is no newspaper published in the
township, notice
of the public hearing may be given by posting notices in 5 of the most public
places in the
township. It is the duty of the township clerk to arrange for the public
hearing. The
township board at the public hearing may adopt all or part of the tentative
budget and
appropriation
ordinance, as the township board deems
necessary.
(Source: P.A. 91-286, eff. 1-1-00.)
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(60 ILCS 1/80-65)
Sec. 80-65.
Annual audit.
The township board shall comply with the
Governmental Account Audit Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/80-70)
Sec. 80-70.
Fence viewers.
The township board shall be ex officio
fence viewers as provided in the Fence Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/80-75)
Sec. 80-75.
Donation of surplus property to a historical society or other
specified not-for-profit corporation. Any property declared to be surplus by
the electors under Section 30-53 may by resolution of the town board of
trustees be donated to a historical society or other not-for-profit
corporation. The resolution shall set forth the historical society or other
not-for-profit corporation's intended use of the property, and the board of
trustees may require that the transfer be subject to a reversion of the
property if the property is no longer used for its original intended use by the
historical society or other not-for-profit corporation. The resolution shall
authorize the township supervisor to execute all documents necessary to
complete the transfer of the property.
(Source: P.A. 89-100, eff. 7-7-95; 89-626, eff. 8-9-96.)
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(60 ILCS 1/80-80)
Sec. 80-80.
Advisory referenda.
By a vote of a majority of
the township board, the township board may authorize that an advisory question
of public policy be placed on the ballot at the next regularly scheduled
election in the township. The township board shall certify the question to the
proper election officials, who shall submit the question in accordance with the
general election law.
(Source: P.A. 89-331, eff. 8-17-95; 89-626, eff. 8-9-96.)
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(60 ILCS 1/Art. 85 heading) ARTICLE 85.
TOWNSHIP
CORPORATE POWERS, GENERALLY
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(60 ILCS 1/85-5)
Sec. 85-5.
Corporate name.
The corporate name of each township shall be
either ".... Township" or "The Town of .... (name of township)". All acts done
by the township and all actions by or against the township shall be in its
corporate name.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/85-10)
Sec. 85-10. Township corporate powers.
(a) Every township has the corporate capacity to exercise the
powers granted to it, or necessarily implied, and no
others. Every township has the powers specified in this Section.
(b) A township may sue and be sued.
(c) A township may acquire (by purchase, gift, or legacy) and hold property,
both real and personal, for the use of its inhabitants and may sell and
convey that property. A township may purchase any real estate or personal
property for public purposes under contracts providing for payment in
installments over a period of time of not more than 20 years in the case of
real estate and not more than 10 years in the case of personal property.
A township may finance the purchase of any real estate or personal property
for public purpose under finance contracts providing for payment in
installments over a period of time of not more than 20 years in the case of
real estate and not more than 10 years in the case of personal property.
A township may construct a township hall under contracts providing for payment
over a period of time of not more than 20 years. The interest on the unpaid
balance shall not exceed that permitted in the Bond Authorization Act.
(d) A township may make all contracts necessary in the exercise of the
township's powers.
(e) A township may expend or contract for the expenditure of any federal
funds made available to the township by law for any purpose for which taxes
imposed upon township property or property within the township may be expended.
(f) A township may acquire (singly or jointly with a municipality or
municipalities) land or any interest in land located within its township
limits. The township may acquire the land or interest by gift, purchase, or
otherwise, but not by condemnation. A township may (singly or jointly) improve
or arrange for the improvement of the land for industrial or commercial
purposes and may donate and convey the land or interest in land so acquired
and so improved to the Illinois Finance Authority.
(g) (Blank)
(h) It is the policy of this State that all powers granted either expressly
or by necessary implication by this Code, any other Illinois statute, or the
Illinois Constitution to townships may be exercised by those
townships notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to townships to the extent
their activities are authorized by law as stated in this Code.
(i) A township may receive funds under the federal Housing and
Community Development Act of 1974 and may expend or contract for the
expenditure of those funds and other township funds for the
activities specified in Section 105 of that Act. The powers granted under this
subsection (i) are in addition to powers otherwise possessed by a township and
shall not be construed as a limitation of those other powers.
(j) A township may establish reasonable fees for recreation and
instructional programs sponsored by the township.
(Source: P.A. 97-549, eff. 8-25-11.)
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(60 ILCS 1/85-12) Sec. 85-12. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(60 ILCS 1/85-13)
Sec. 85-13. Township services, generally.
(a) The township board may either expend funds directly or may enter into
any cooperative agreement or contract with any other governmental entity,
not-for-profit corporation, non-profit community service association, or any
for-profit business entity as provided in subsection (b) with respect to the
expenditure of township funds, or funds made available to the township under
the federal State and Local Fiscal Assistance Act of 1972, to provide any of
the following services to the residents of the township:
(1) Ordinary and necessary maintenance and operating | ||
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(A) Public safety (including law enforcement, | ||
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(B) Environmental protection (including sewage | ||
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(C) Public transportation (including transit | ||
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(D) Health, including mental, behavioral, eye, | ||
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(E) Recreation.
(F) Libraries.
(G) Social services for the poor and aged.
(2) Ordinary and necessary capital expenditures | ||
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(3) Development and retention of business, | ||
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(b) To be eligible to receive funds from the township under this Section, a
private not-for-profit corporation or community service association shall have
been in existence at least one year before receiving the funds. The township
board may, however, for the purpose of providing day care services, contract
with day care facilities licensed under the Child Care Act of 1969, regardless
of whether the facilities are organized on a for-profit or not-for-profit
basis.
(c) Township governments that directly expend or contract for day care
shall use the standard of need established by the Department of Children and
Family Services in determining recipients of subsidized day care and shall use
the rate schedule used by the Department of Children and Family Services for
the purchase of subsidized day care. Notwithstanding the preceding sentence, the township board may approve the application of a different, publicly available, professional or academically recognized standard of need in determining eligibility for subsidized day care.
(d) Township governments that directly expend or contract for senior
citizen services may contract with for-profit (or not-for-profit) and
non-sectarian organizations as provided in Sections 220-15 and 220-35.
(e) Those township supervisors or other elected township officials who are
also members of a county board shall not vote on questions before the township
board or the county board that relate to agreements or contracts between the
township and the county under this Section or agreements or contracts between
the township and the county that are otherwise authorized by law.
(f) The township board may enter into direct agreements with for-profit
corporations or other business entities to carry out recycling programs in
unincorporated areas of the township.
The township board may by ordinance administer a recycling program or adopt rules and regulations relating to
recycling programs in unincorporated areas of the township that it from time to
time deems necessary and may provide penalties for violations of those rules
and regulations.
(g) For purposes of alleviating high unemployment, economically depressed
conditions, and lack of moderately priced housing, the trustees of a
township that includes all or a portion of a city that is a "financially
distressed city" under the Financially Distressed City Law may contract with
one or more not-for-profit or for-profit organizations to construct and operate
within the boundaries of the township a factory designed to manufacture housing
or housing components. The contract may provide for the private organization or
organizations to manage some or all operations of the factory and may provide
for (i) payment of employee compensation and taxes; (ii) discharge of other
legal responsibilities; (iii) sale of products; (iv) disposition of the
factory, equipment, and other property; and (v) any other matters the township
trustees consider reasonable.
(Source: P.A. 103-192, eff. 1-1-24.)
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(60 ILCS 1/85-14) Sec. 85-14. Nondiscriminatory use of township funds. A township official may not prohibit an organization from receiving township funds based upon the perceived citizenship or immigration status of the person who would receive those funds from the organization.
(Source: P.A. 103-16, eff. 6-9-23.) |
(60 ILCS 1/85-15)
Sec. 85-15.
Township Officials of Illinois.
The township board may provide
for joining the township in an association of townships or a not-for-profit
corporation with membership consisting of, townships and may provide for the
payment of annual membership dues and fees. The member townships, acting
through the instrumentality, may provide and disseminate information and
research services and perform other acts for the purpose of improving township
government in Illinois. The instrumentality may be known as the Township
Officials of Illinois or another appropriate name as the member townships may
determine.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/85-20)
Sec. 85-20.
Merger of special district into township.
A special district may
be merged into a township as provided in Section 3.6 of the Intergovernmental
Cooperation Act.
(Source: P.A. 85-672; 88-62.)
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(60 ILCS 1/85-25)
Sec. 85-25.
Prompt payment.
Purchases made under this Code shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 84-731; 88-62.)
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(60 ILCS 1/85-30)
Sec. 85-30. Purchases; bids. Any purchase by a township
for services, materials, equipment, or supplies in excess of $30,000 (other than
professional services) shall be contracted for in one of the following
ways:
(1) By a contract let to the lowest responsible | ||
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(2) By a contract let without advertising for bids in | ||
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This Section does not apply to contracts by a township with the federal
government.
(Source: P.A. 102-728, eff. 5-6-22.)
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(60 ILCS 1/85-35)
Sec. 85-35.
Retaining percentage of contract price; trust agreement.
(a) Whenever any township has entered into a contract for the repair,
remodeling, renovation, or construction of a building or structure or the
construction or maintenance of a road or highway and the contract provides for
retention of a percentage of the contract price until final completion and
acceptance of the work, upon the request of the contractor and with the
approval of the township board, the amount retained may be deposited under a
trust agreement with an Illinois bank of the contractor's choice and subject to
the approval of the township board. The contractor shall receive any interest
on the amount deposited.
(b) Upon application by the contractor, the trust agreement must contain, as
a minimum, the following provisions:
(1) The amount to be deposited subject to the trust.
(2) The terms and conditions of payment if the | ||
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(3) The termination of the trust agreement upon | ||
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(4) The contractor is responsible for obtaining the | ||
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(c) The trust agreement may, at the discretion of the township board and
upon the request of the contractor, become operative at the time of the
first partial payment in accordance with existing statutes, ordinances, and
township procedures.
(Source: P.A. 83-372; 88-62.)
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(60 ILCS 1/85-40)
Sec. 85-40.
Investment of public funds.
All funds of the township
shall be invested as provided in the Public Funds Investment Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/85-45)
Sec. 85-45.
Pecuniary interest in contracts.
(a) Except as provided in this Section, no township officer or
employee
shall be interested, directly or indirectly, in his or her own
name or in the name of any other person, association, trust, or
corporation, in any contract for work, materials, profits of work or materials,
or services to be furnished or performed for the township or for any
person operating a public utility wholly or partly within the
territorial limits of the township.
(b) Any elected or appointed member of the governing body
may provide materials, merchandise, property, services, or labor if:
(1) the contract is with a person, firm, partnership, | ||
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(2) the interested member publicly discloses the | ||
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(3) the interested member abstains from voting on the | ||
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(4) the contract is approved by a majority vote of | ||
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(5) the contract is awarded after sealed bids to the | ||
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(6) the award of the contract would not cause the | ||
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(c) In addition to subsection (b), any elected or appointed
member of the governing body may provide materials, merchandise,
property, services, or labor if:
(1) the award of the contract is approved by a | ||
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(2) the amount of the contract does not exceed | ||
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(3) the award of the contract would not cause the | ||
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(4) the interested member publicly discloses the | ||
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(5) the interested member abstains from voting on the | ||
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(6) no other vendor is available within a 25-mile | ||
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(d) A contract for the procurement of public utility services by a
township with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company, holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the township has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce
Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony. Any office held by the person so
convicted shall become vacant and shall be declared vacant as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c), and (d), shall preclude a contract of
deposit of moneys, loans, or other financial services by a township
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the township
are interested in the bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Section. The interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of a
contract but shall not participate in any further deliberations
concerning the proposed award. The interested member or members shall
not vote on a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
township.
(Source: P.A. 89-305, eff. 1-1-96.)
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(60 ILCS 1/85-50)
Sec. 85-50. Demolition, repair, or enclosure of buildings.
(a) The township board of any township may formally request the county board
to commence specified proceedings with respect to property located within the
township but outside the territory of any municipality as provided in Section
5-1121 of the Counties Code. If the county board declines the request as
provided in Section 5-1121 of the Counties Code, the township may exercise its
powers under this Section.
(b) The township board of each township may
demolish, repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of the township and
may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
The township board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail to do so, have failed to commence proceedings to put the
building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed and the posting of the notice upon the
premises sought to be demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
The cost of the demolition, repair, enclosure, or removal incurred by
the township, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15-day notice period and is a lien on the real estate
if, within
180 days after the repair, demolition, enclosure, or removal, the township,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The lien becomes effective at the time of filing.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the township,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
township, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (c),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the township, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the township from the owner or owners of the real estate.
All liens arising under this subsection (b) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (c).
(c) In any case where a township has obtained a lien under
subsection (b), the township may enforce the lien under
this subsection (c) in the same proceeding in which the lien is authorized.
A township desiring to enforce a lien under this subsection (c) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (b).
The court shall conduct a hearing on the petition not less than 15
days after the notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
township, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the township from the owner or owners of the real
estate. If the court denies the petition, the township may enforce the
lien in a separate action as provided in subsection (b).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (c), except to the extent that those provisions are
inconsistent with this subsection. For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (c) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(d) In addition to any other remedy provided by law, the township
board of any township may petition the circuit court to have
property declared abandoned under this subsection (d) if:
(1) the property has been tax delinquent for 2 or | ||
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(2) the property is unoccupied by persons legally in | ||
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(3) the property contains a dangerous or unsafe | ||
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All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property.
The township, however, may proceed under this subsection in a
proceeding brought under subsection (b). Notice of the petition
shall be served by certified or registered mail on all persons who were
served notice under subsection (b).
If the township proves that the conditions described in this
subsection exist and the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, the court
shall declare the property abandoned.
If that determination is made, notice shall be sent by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the township unless, within 30 days of
the notice, the owner of record enters an appearance in the action, or
unless any other person having an interest in the property files with the
court a request to demolish the dangerous or unsafe building or to put the
building in safe condition.
If the owner of record enters an appearance in the action within the 30-day
period, the court shall vacate its order declaring the property
abandoned. In that case, the township may amend its complaint in order
to initiate proceedings under subsection (b).
If a request to demolish or repair the building is filed within the 30-day
period, the court shall grant permission to the requesting party to
demolish the building within 30 days or to restore the building to safe
condition within 60 days after the request is granted. An extension of
that period for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a timely
request, preference shall be given to the person with the lien or other
interest of the highest priority.
If the requesting party proves to the court that the building has been
demolished or put in a safe condition within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the township of all costs incurred
by the township in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with building enclosure or removal, and receiver's
certificates. The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the building
in safe condition within the time specified by the court, the township
may petition the court to issue a judicial deed for the property
to the
county. A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens.(Source: P.A. 94-841, eff. 6-7-06; 95-331, eff. 8-21-07.)
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(60 ILCS 1/85-55)
Sec. 85-55. Horse-drawn vehicles. The township board may, by
ordinance,
license and regulate horse-drawn vehicles operating within the township. The
ordinance may also (i) prescribe regulations for the safe operation of
horse-drawn vehicles and (ii) require the examination of persons operating a
horse-drawn vehicle. Any annual fee charged for a license to operate a
horse-drawn vehicle may not exceed $50. Any fees charged for a license to
operate a horse-drawn
vehicle within the township must be used for the improvement of township roads.
For the purposes of this Section, "horse-drawn vehicle" means any vehicle
powered by any animal of the equine family.
(Source: P.A. 95-331, eff. 8-21-07.)
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(60 ILCS 1/85-60) Sec. 85-60. Americans with Disabilities Act coordinator; posting and publication. (a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each township that maintains a website must post on the township's website the following information: (1) the name, office address, and telephone number of | ||
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(2) the grievance procedures, if any, adopted by the | ||
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(b) If a township does not maintain a website, then the township must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the township or a newsletter published by the township and mailed to township residents the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the township.
(Source: P.A. 96-650, eff. 1-1-10.) |
(60 ILCS 1/85-65) Sec. 85-65. Accumulation of funds. Township funds, including, but not limited to, general assistance funds and excluding the township's capital fund, shall not exceed an amount equal to or greater than 2.5 times the annual average expenditure of the previous 3 fiscal years. Townships on a cash basis or modified cash basis of accounting may only count levied tax funds toward the total township funds calculated under this Section if received within the township's fiscal year. The highway commissioner's equipment and building fund is considered a capital fund account and is not subject to this Section.
(Source: P.A. 102-231, eff. 7-30-21; 103-72, eff. 1-1-24.) |
(60 ILCS 1/Art. 90 heading) ARTICLE 90.
CORPORATE POWERS
EXERCISED BY COUNTY BOARD
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(60 ILCS 1/90-5)
Sec. 90-5.
Township wholly within city.
In every township lying wholly
within any city of more than 50,000 population, all the powers vested in the
township shall be exercised by the county board of the county in which the
township is located, including all the powers vested in the electors at
township meetings and the township board. Where there is only one township
lying wholly within the city, however, the powers of the township board of that
township shall be retained by that township board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/90-10)
Sec. 90-10.
County clerk and treasurer as township officers.
(a) The county clerk of the county in which a township described in Section
90-5 lies shall be ex officio township clerk and township assessor of each such
township, and the treasurer of the county shall be ex officio collector and
supervisor of each such township. Those officers shall not be required to give
any additional bond on account of holding those township offices, but they
shall be liable on their official bonds for their acts as township officers in
the same manner and to the same extent as if the bonds had been given the
township officers.
(b) County clerks and county treasurers who become ex officio township
officers under this Article shall not maintain any other or
different public office as township officers than those provided and
maintained for them as county clerk and county treasurer.
(Source: Laws 1905, p. 397; Laws 1917, p. 794; P.A. 88-62.)
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(60 ILCS 1/90-15)
Sec. 90-15.
Highway commissioner abolished.
The office of highway
commissioner is abolished in townships described in Section 90-5.
(Source: Laws 1901, p. 314; P.A. 88-62.)
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(60 ILCS 1/90-20)
Sec. 90-20.
Application to new township.
Whenever, by the annexation of new
territory or otherwise, any new or additional township comes to lie wholly
within the boundaries of any city to which this Article applies, all the
provisions of this Article shall at once apply to that township.
(Source: Laws 1901, p. 314; P.A. 88-62.)
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(60 ILCS 1/90-25)
Sec. 90-25.
Election to adopt Article.
(a) The electors of a township described in Section 90-5 may adopt and
become entitled to the benefits of this Article as provided in this Section.
(b) Whenever 1,000 of the legal voters of the township who voted at the
preceding election petition the circuit court for the county in which the
township is located to submit to a vote of the electors of the township the
proposition whether the township and the electors of it shall adopt and become
entitled to the benefits of this Article, the court shall consider the petition
and enter appropriate orders in accordance with the general election law. If
the petition is found sufficient and the court orders the referendum, the clerk
of the circuit court shall certify the proposition and the court order to the
proper election officials, who shall submit the proposition at an election in
accordance with the general election law.
(c) An election under this Article shall be conducted
in accordance with the general election law. If a majority of the votes cast
upon the proposition are for the proposition, this Article shall thereby be
adopted by the township, and the mayor of the city shall promptly issue a
proclamation declaring this Article in force in the township.
(d) If the proposition is not adopted at the election, it shall, upon a
similar petition, be submitted to a vote of the electors of the township by the
court at any subsequent general State, county, city, or township election. An
order shall be entered of record in the court submitting the proposition as
provided in this Section.
(Source: P.A. 81-1489; 84-1308; 88-62.)
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(60 ILCS 1/90-30)
Sec. 90-30.
Application.
Notwithstanding any provisions of this Article to
the contrary, this Article has no application to the office of township
assessor in townships described in this Article that are situated in counties
of 500,000 or more.
(Source: Laws 1947, p. 1733; P.A. 88-62.)
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(60 ILCS 1/Art. 95 heading) ARTICLE 95.
LEGAL PROCEEDINGS IN FAVOR OF
AND AGAINST TOWNSHIPS
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(60 ILCS 1/95-5)
Sec. 95-5.
Civil action.
Whenever any controversy or cause of action exists
between any townships of this State or between any township and an individual
or corporation, the proceedings may be had in civil actions for the purpose of
trying and finally settling the controversy. The proceedings may be conducted
in the same manner, and the judgment or order in the proceedings shall have the
same effect, as in other civil actions or proceedings of a similar kind between
individuals and corporations. All process shall be served by leaving a copy of
the process with the township supervisor.
(Source: P.A. 83-346; 88-62.)
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(60 ILCS 1/95-10)
Sec. 95-10.
Suit in township name.
In all suits or proceedings, the township
shall sue and be sued by its name, except where township officers are
authorized by law to sue in their name of office for the benefit of the
township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/95-15)
Sec. 95-15.
Witnesses and jurors.
On the trial of every action in which the
township is a party or interested, the electors and inhabitants of the township
shall be competent witnesses and jurors, except that in suits and proceedings
by one township against another, no inhabitant of either township shall be a
juror.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/95-20)
Sec. 95-20.
Township common property.
Whenever, by any order or decision in
any civil action or proceeding brought to settle any controversy concerning
township commons or other lands or the common property of a township, or for
the partition of township lands, the right of any township is settled and
confirmed, the court in which the proceedings are had may partition the lands
according to the rights of the parties.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/95-25)
Sec. 95-25.
Costs.
In all suits or proceedings prosecuted by or against
township officers in their name of office, costs shall be recovered as in
similar cases between individuals. Judgments recovered against a township or
against township officers in actions prosecuted by or against them in their
name of office shall be a township charge and when collected shall be paid to
the person or persons to whom the judgment was awarded.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/95-30)
Sec. 95-30.
Tort immunity.
Civil actions against a township or township
employee shall be subject to the Local Governmental and Governmental Employees
Tort Immunity Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 100 heading) ARTICLE 100.
TOWNSHIP EMPLOYEES
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(60 ILCS 1/100-5)
Sec. 100-5.
Township attorney and other employees; compensation.
(a) The township board may employ and fix the compensation of township
employees that the board deems necessary, excluding the employees of the
offices of supervisor of general assistance, township collector, and township
assessor. The township board shall fix the compensation of a township
attorney appointed by the township supervisor under Section 70-37. The
township attorney shall not be considered a township employee for purposes of
the first sentence of this subsection.
(b) The board shall set and adopt rules concerning all benefits available to
employees of the board if the board employs 5 or more employees. The rules
shall include, without limitation, the following benefits to the extent they
are applicable: insurance coverage, compensation, overtime pay, compensatory
time off, holidays, vacations, sick leave, and maternity leave. The rules shall
be adopted and filed with the township clerk within 6 months after July 1,
1992. Amendments to the rules shall be filed with the township clerk on or
before their effective date.
(c) Unless otherwise provided and if approved by the highway commissioner,
the township board of trustees may employ and fix the compensation of a
separate township attorney who shall represent the highway commissioner. Such
compensation shall be paid out of the township road fund.
(Source: P.A. 90-190, eff. 7-24-97.)
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(60 ILCS 1/100-10)
Sec. 100-10. Township enforcement officer.
(a) The township board may appoint one or more township enforcement officers to serve
for a term of one year and may remove an officer with or without cause. Every person
appointed to the office of township enforcement officer, before entering on the
duties of the office and within 10 days after being notified of the
appointment, shall cause to be filed in the office of the township clerk a
notice signifying his or her acceptance of the office. A neglect to cause the
notice to be filed shall be deemed a refusal to serve.
(b) The sheriff of the county in which the township is situated may
disapprove any such appointment within 30 days after the notice is filed. The
disapproval precludes that person from serving as a township enforcement
officer, and the township board may appoint another person
to that position
subject to approval by the sheriff.
(c) Every person appointed to the office of township enforcement officer,
before entering upon the duties of the office, shall execute, with sufficient
sureties to be approved by the supervisor or clerk of the township, an
instrument in writing by which the township enforcement officer and his or her
sureties shall jointly and severally agree to pay to each and every person who
may be entitled thereto all sums of money as the township enforcement officer
may become liable to pay on account of any neglect or default of the township
enforcement officer or on account of any misfeasance of the township
enforcement officer in the discharge of, or failure to faithfully perform, any
of the duties of the office.
(d) The township enforcement officers shall have the same power and authority
within the township as a deputy sheriff but only for the purpose of enforcing
township ordinances. Notwithstanding any other provisions of this Section, township enforcement officers are authorized to enforce county ordinances within areas of a county located within the township pursuant to intergovernmental agreements between the respective county and township to the extent authorized by the agreement. The township enforcement officer shall not carry firearms
and will not be required to comply with the Peace Officer and Probation Officer Firearm Training Act.
The officer shall attend law enforcement training classes conducted by the
Illinois Law Enforcement Training Standards Board. The township board
shall appropriate all necessary monies for the training.
(d-5) (1) Except as provided in paragraph (2) of this subsection, in all
actions for the violation of any township ordinance, township enforcement
officers shall be authorized to issue and to serve upon any person who the
township enforcement officer has reasonable grounds to believe is guilty of a
violation of a township ordinance a notice of violation that shall constitute
a summons and complaint. A copy of such notice of violation shall be forwarded
to the circuit court having jurisdiction over the township where the violation
is alleged to have been committed. Every person who has been issued a summons
shall appear for trial, and the action shall be prosecuted in the corporate
name of the township. Enforcement of county ordinances shall be in accordance with procedures adopted by the county and any applicable State law.
(2) In all actions for violation of any township ordinance when the fine
would not be in excess of $500 and no jail term could be imposed, service of
summons may be made by the township clerk by certified mail, return receipt
requested, whether service is to be within or without the State.
(e) The township enforcement officers shall carry identification documents
provided by the township board identifying him or her as a township
enforcement officer. The officers shall notify the township clerk of any
violations of township ordinances.
(f) Nothing in this Code precludes a county auxiliary deputy or deputy
sheriff, or a municipal policeman or auxiliary police officer from serving as a
township enforcement officer during off-duty hours.
(g) The township board may provide compensation for the township enforcement
officer on either a per diem or a salary basis.
(h) (Blank).
(Source: P.A. 97-330, eff. 8-12-11; 98-725, eff. 1-1-15.)
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(60 ILCS 1/100-10.5)
Sec. 100-10.5.
Summons; violation of township ordinances.
In a township
that does not have a township enforcement officer appointed under Section
100-10, and the township board has contracted with the county sheriff or one or
more municipalities to furnish police protection in an unincorporated area of
the township as provided in Sections 30-150, 30-155, and 30-160, the county
sheriff or a peace officer of the municipal police department of a municipality
that has entered into the contract with the township board has the power to
issue summons for violations of township ordinances in the same manner as a
township enforcement officer under subsection (d-5) of Section 100-10.
(Source: P.A. 89-589, eff. 1-1-97.)
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(60 ILCS 1/100-15)
Sec. 100-15.
Group insurance.
In addition to any powers that it may
exercise under the Government Salary Withholding Act, the township board may
provide, for the benefit of the township's employees, officials,
or retired officials and their
dependents, group life, health, accident, hospital, or dental insurance or any
combination of those types of insurance. The insurance may include provision
for employees, officials, retired officials, and their dependents who rely
on treatment by prayer
or spiritual means alone for healing in accordance with the tenets and practice
of a well recognized religious denomination. The township board may provide
for payment by the township of all or a portion of the premium or charge for
the insurance for covered persons, except that the township may not pay all
or a portion of the premium or charge for the insurance for retired
officials and their dependents. If the township board undertakes a plan
under which the township does not pay the entire amount of premiums or charges
for the insurance, the board may provide for withholding and deducting from the
compensation of its employees or officers amounts required to pay the
balance of the premiums or charges.
(Source: P.A. 88-62; 89-326, eff. 1-1-96.)
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(60 ILCS 1/100-20)
Sec. 100-20.
Prevailing wage.
The wages of laborers, mechanics,
and other workers employed in any public works by the township and the
wages of anyone under contracts for township public works shall be subject
to the Prevailing Wage Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/100-25) Sec. 100-25. Compliance with ITAP requirements. A township must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A township may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois.
(Source: P.A. 97-744, eff. 1-1-13.) |
(60 ILCS 1/Art. 105 heading) ARTICLE 105.
TOWNSHIP
LAND AND BUILDINGS, GENERALLY
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(60 ILCS 1/105-5)
Sec. 105-5.
Conveyance or lease for benefit of township.
Every conveyance or
lease of land made to any person or persons in any manner for the use and
benefit of a township or its inhabitants has the same effect as if made to the
township by its corporate name.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/105-10)
Sec. 105-10.
Deed.
When any conveyance of real estate is made by a
township, the deed shall recite the order of the township meeting directing the
conveyance. The recital is prima facie evidence of the making and contents of
the order. The deed shall be signed by the supervisor in his official capacity
and attested by the township clerk unless the meeting ordered that the deed be
made by some other officers or persons.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/105-15)
Sec. 105-15. Weed cutting.
(a) The township board may provide for the cutting of weeds or grass, the trimming of trees or bushes, the removal of nuisance bushes or trees, or the
maintenance of a retention pond or detention pond on any real estate in
residential areas in the township no sooner than 7 days after notifying the
owner or the appropriate property owners association by mail of the intended
weed or grass cutting, bush or tree trimming, nuisance bush or tree removal, or pond maintenance when the owners of the real estate refuse or
neglect to cut the weeds or grass, trim the trees or bushes, remove the nuisance bushes or trees, or maintain the pond. The board may collect from the
owners the reasonable cost of cutting the weeds or grass, trimming the trees or bushes, removing the nuisance bushes or trees, or maintaining the pond.
(b) This cost is a lien upon the real estate affected, superior to all other
liens and encumbrances except tax liens, if within 60 days after the cost and
expense is incurred, the township or person performing the service by authority
of the township in his or its own name files a notice of lien in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice shall consist
of a sworn statement setting out (i) a description of the real estate
sufficient for its identification, (ii) the amount of money representing the
cost and expense incurred or payable for the service, and (iii) the date or
dates when the cost and expense was incurred by the township. The lien of the
township shall not be valid, however, as to any purchaser whose rights in and
to the real estate have arisen after the weed or grass cutting, bush or tree trimming, nuisance bush or tree removal, or pond maintenance and
before the filing of the notice, and the lien of the township shall not be
valid as to any mortgagee, judgment creditor, or other lienholder whose rights
in and to the real estate arise before the filing of the notice. Upon payment
of the cost and expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be released by the
township or person in whose name the lien has been filed. The release may be
filed of record as in the case of filing a notice of lien.
(c) No provision of this Section applies to any nature preserve or other
area that has been designated as a conservation area. (d) In addition to any lien or foreclosure action related thereto, a township may institute a civil action or proceeding to recover the amount of money owed for any service performed pursuant to subsection (a).
(Source: P.A. 96-564, eff. 8-18-09.)
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(60 ILCS 1/105-20)
Sec. 105-20.
Mosquito control and abatement.
The township board may provide
for mosquito control and abatement or may enter into contractual agreements
with counties or with any public or private entity for purposes of mosquito
control and mosquito abatement activities.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/105-25)
Sec. 105-25.
Adult entertainment.
A township board may license persons
or entities engaged in the business of providing adult entertainment within the
boundaries of the township but outside the limits of cities, villages, and
incorporated towns. The board shall fix the amount, terms, and manner of
issuing and revoking licenses, except that license fees for the privilege of
engaging in the business of providing adult entertainment may not exceed $300
per year. The operation of an adult entertainment business without a license
is a separate petty offense for each day of violation. For purposes of this
Section, "adult entertainment" means commercial production, presentation, sale,
dissemination, or distribution of material that, when considered as a whole,
appeals predominantly to interest in nudity or sex.
(Source: P.A. 83-105; 88-62.)
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(60 ILCS 1/105-30)
Sec. 105-30.
(Repealed).
(Source: P.A. 88-62. Repealed by P.A. 90-751, eff. 1-1-99.)
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(60 ILCS 1/105-33)
Sec. 105-33.
Donation of surplus public real estate.
At an annual or
special town meeting, a township board of trustees may by resolution authorize
the donation of surplus public real estate to a not-for-profit corporation
including, but not limited to, a historical society. The resolution may set
forth the not-for-profit corporation's intended use of the property, and
the board of trustees may require that the transfer be subject to a reversion
of the property if the property is no longer used for
its original
intended use by the not-for-profit corporation. The resolution shall authorize
the township supervisor to execute all documents necessary to complete the
transfer of the property.
(Source: P.A. 89-29, eff. 6-23-95.)
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(60 ILCS 1/105-35)
Sec. 105-35.
Township plan commission.
(a) In townships located in counties with a population of less than 600,000
and in townships with a population of more than 500 located in counties with
a population of more than 3,000,000,
the township board may by resolution create
a township plan commission. The commission shall consist of 5 members appointed
by the township supervisor with the advice and consent of the township board.
Their terms of office shall be prescribed by the township board. The township
supervisor shall designate one of the members as chairman, and the plan
commission may appoint other officers it deems necessary and appropriate. The
township board may authorize a plan commission to have necessary staff and
shall pay the expenses of that staff.
(b) Every township plan commission may have the following powers and duties:
(1) The commission may prepare and recommend to the | ||
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(2) The commission may from time to time recommend | ||
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(3) The commission may from time to time prepare and | ||
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(4) The commission may give aid to the officials | ||
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(5) The commission may prepare and recommend to the | ||
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(6) The commission may exercise other powers germane | ||
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(c) If the county in which the township is located has adopted a county
zoning ordinance under Division 5-12 of the Counties Code, the recommendations
of the township plan commission may be presented by the township board to the
county board of that county.
(Source: P.A. 91-721, eff. 6-2-00; 91-738, eff. 1-1-01; 92-16, eff.
6-28-01.)
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(60 ILCS 1/105-40)
Sec. 105-40. Clean indoor air. Every public enclosed indoor area
in the township shall be subject to the Smoke Free Illinois Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(60 ILCS 1/Art. 110 heading) ARTICLE 110.
TOWNSHIP
ZONING
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(60 ILCS 1/110-5)
Sec. 110-5.
Application of Article.
(a) This Article applies only in those townships in which the electors of
the township, at an annual or special township meeting, authorize the township
board to exercise the powers conferred by this Article.
(b) This Article does not apply in any county in which a county zoning
ordinance or resolution is in effect. A county zoning ordinance or resolution
adopted after the adoption of a township zoning ordinance or resolution under
this Article supersedes the township zoning ordinance or resolution.
(c) Regulations adopted under this Article do not apply to any area that is
governed by a municipal zoning ordinance.
(d) This Article does not apply to the facilities of a telecommunications
carrier defined in Section 5-12001.1 of the Counties Code.
(Source: P.A. 90-522, eff. 1-1-98.)
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(60 ILCS 1/110-10)
Sec. 110-10.
Township board powers.
(a) For the purpose of promoting the public health, safety, morals, comfort,
and general welfare, conserving the values of property throughout the township,
and lessening or avoiding the hazards to persons and damage to property
resulting from the accumulation or runoff of storm or flood waters, the
township board may do any of the following:
(1) Regulate and restrict the location and use of | ||
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(2) Regulate and restrict the intensity of those uses.
(3) Establish building or setback lines on or along | ||
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(4) Divide the township into districts (i) of a | ||
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(5) Prohibit uses, buildings, or structures | ||
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(6) Prevent additions to and alteration or remodeling | ||
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(7) Submit written objections to the county board | ||
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(b) In all ordinances or resolutions passed under this Article, due
allowance shall be made for existing conditions, the conservation of property
values, the directions of building development to the best advantage of the
entire county, and the uses to which property is devoted at the time of the
enactment of the ordinance or resolution.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-12) Sec. 110-12. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a board of trustees of a township may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the board of trustees of the township.
(Source: P.A. 102-24, eff. 6-25-21.) |
(60 ILCS 1/110-15)
Sec. 110-15.
Exercise of powers.
(a) The powers given by this Article shall not be exercised to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted.
(b) The powers given by this Article shall not be exercised to impose
regulations or require permits with respect to land used or to be used for
agricultural purposes or with respect to the erection, maintenance, repair,
alteration, remodeling, or extension of buildings or structures used or to be
used for agricultural purposes upon that land, except that buildings or
structures for agricultural purposes may be required to conform to building or
set back lines. "Agricultural purposes" include, without
limitation, the growing, developing, processing, conditioning, or selling
of hybrid seed corn, seed beans, seed oats, or other farm seeds.
(c) The powers given by this Article do not include the right to
specify or regulate the type or location of any poles, towers, wires,
cables, conduit, vaults, laterals, pipes, mains, valves, or any other
similar distributing equipment of a public utility as defined in the Public
Utilities Act.
(Source: P.A. 86-188; 88-62.)
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(60 ILCS 1/110-17) (This Section may contain text from a Public Act with a delayed effective date) Sec. 110-17. Building permit fee for veterans with a disability. A veteran with a disability or the veteran's caregiver shall not be charged any building permit fee for improvements to the residence of the veteran with a disability if the improvements are required to accommodate a disability of the veteran. Nothing in this Section changes the obligation of any person to submit to the township applications, forms, or other paperwork to obtain a building permit. A veteran or caregiver must provide proof of veteran status and attest to the fact that the improvements to the residence are required to accommodate the veteran's disability. Proof of veteran status is to be construed liberally, and veteran status shall include service in the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. What constitutes proof of veteran status shall be determined by the township. The Illinois Department of Veterans' Affairs may not adjudicate any dispute arising under this paragraph.
(Source: P.A. 103-621, eff. 1-1-25.) |
(60 ILCS 1/110-20)
Sec. 110-20.
Zoning commission; appointment.
The township board, when
authorized by the electors at an annual or special township meeting to exercise
the powers conferred by this Article, shall appoint a zoning commission of 5
members. The commission shall recommend the boundaries of districts and
appropriate regulations to be enforced in those districts.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-25)
Sec. 110-25.
Proposed zoning ordinance or resolution; hearing;
cessation of commission.
(a) The zoning commission shall prepare a tentative report and a
proposed zoning ordinance or resolution for the entire township outside the
area regulated by any municipal zoning ordinance.
(b) After preparing the tentative report and ordinance or resolution, the
commission shall hold a hearing on the report and proposal and shall afford
persons interested an opportunity to be heard. Notice of the hearing shall be
published at least 15 days before the hearing in a newspaper of general
circulation in the township and shall also be posted at least 15 days before
the hearing in 4 conspicuous places within the township. The notice shall state
the time and place of the hearing and the place where copies of the proposed
ordinance or resolution will be accessible for examination by interested
parties. The hearing may be adjourned from time to time.
(c) Within 30 days after the final adjournment of the hearing, the
commission shall make a final report and submit a proposed ordinance or
resolution to the township board. The township board may adopt the ordinance or
resolution with or without change or may refer it back to the commission for
further consideration.
(d) The zoning commission shall cease to exist upon the adoption of a zoning
ordinance or resolution for the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-30)
Sec. 110-30.
Enforcement of ordinance or resolution.
All ordinances or
resolutions adopted under this Article shall be enforced by an officer of the
township designated by ordinance or resolution. The ordinance or resolution may
require that for any class or classes of districts created by it, applications
be made for permits to erect buildings or structures or to alter or remodel
existing buildings or structures. The ordinance or resolution may vest in the
officer designated to enforce it the power to make orders, requirements,
decisions, and determinations with respect to the enforcement of the terms of
the ordinance or resolution.
(Source: Laws 1967, p. 3481; P.A. 88-62.)
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(60 ILCS 1/110-35)
Sec. 110-35.
Variations.
(a) The regulations authorized by this Article may
provide that a board of appeals may determine and vary their application in
harmony with their general purpose and intent and in accordance with general or
specific rules contained in the regulations in cases where there are practical
difficulties or there is particular hardship in carrying out the strict letter
of regulations relating to the use, construction, or alteration of buildings or
structures or the use of land. Alternatively, the regulations may provide that
the township board may by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in accordance
with general or specific rules contained in the regulations in cases where
there are practical difficulties or there is particular hardship in carrying
out the strict letter of regulations relating to the use, construction, or
alteration of buildings or structures or the use of land.
(b) No variation shall be made by the township board without a hearing
before the board of appeals. No variation shall be made by ordinance,
resolution, or otherwise except in a specific case and after a public hearing
before a board of appeals. There shall be at least 15 days notice of the time
and place of the hearing, published in a newspaper of general circulation in
the township. The notice shall contain the particular location for which the
variation is requested as well as a brief statement of the proposed variation.
(c) Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals, the township board may by ordinance or
resolution and without further public hearing adopt any proposed variation or
may refer it back to the board of appeals for further consideration. Any
proposed variation that fails to receive the approval of the board of appeals
shall not be passed except by the favorable vote of three-fourths of all the
members of the township board. Every variation, whether made by the board of
appeals directly or by ordinance or resolution after a hearing before a board
of appeals, shall be accompanied by a finding of fact specifying the reason
for making the variation.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-40)
Sec. 110-40.
Board of appeals; membership; meetings.
(a) The township board shall provide for the appointment of a board of
appeals of 5 members to serve respectively for the following terms: One for one
year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years.
The successor to each member shall serve for a term of 5 years.
(b) One of the members shall be named chairman at the time of his or her
appointment. If there is a vacancy, the appointing power shall designate a
chairman.
(c) The appointing authority may remove any member of the board for cause
after a public hearing. Vacancies shall be filled by the appointing authority
for the unexpired term of any member whose place has become vacant.
(d) All meetings of the board of appeals shall be held at the call of the
chairman and at times and places within the county determined by the board. The
chairman (or in his absence the acting chairman) may administer oaths and
compel the attendance of witnesses. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings showing the vote of
each member upon every question (or, if a member is absent or fails to vote,
indicating that fact) and shall also keep records of its examinations and other
official actions. Every rule, regulation, every amendment or repeal of a rule
or regulation, and every order, requirement, decision, or determination of the
board shall immediately be filed with the township clerk and shall be a public
record.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-45)
Sec. 110-45.
Appeals; stay of proceedings.
(a) The board of appeals shall hear and decide appeals from and review any
order, requirement, decision, or determination made by an administrative
official charged with the enforcement of any ordinance or resolution adopted
under this Article. The board of appeals shall also hear and decide all matters
referred to it or upon which it is required to pass under any ordinance or
resolution or under the terms of this Article.
(b) The concurring vote of 4 members of the board is necessary (i) to
reverse any order, requirement, decision, or determination of an administrative
official, (ii) to decide in favor of the applicant any matter upon which it is
required to pass under an ordinance or resolution, (iii) to effect any
variation in an ordinance or resolution, or (iv) to recommend any variation or
modification in an ordinance or resolution or (iv) to the township board.
(c) An appeal may be taken by any person aggrieved or by any officer,
department, board, or bureau of the county. An appeal shall be taken within the
time prescribed by the board of appeals by general rule by filing with the
officer from whom the appeal is taken and with the board of appeals a notice of
appeal specifying the grounds of the appeal. The officer from whom the appeal
is taken shall promptly transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
(d) An appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to the board of
appeals, after the notice of appeal has been filed with him or her, that, due
to facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. If the officer makes a certification under
this subsection, proceedings shall not be stayed otherwise than by a
restraining order granted by the board of appeals or by the circuit court on
application, on notice to the officer from whom the appeal is taken, and on due
cause shown.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-50)
Sec. 110-50.
Hearing and decision on appeal; judicial review.
(a) The board of appeals shall fix a reasonable time for the hearing
of the appeal and give due notice of the time to the parties. The board shall
decide the hearing within a reasonable time. At the hearing, any party may
appear in person or by agent or attorney. The board of appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision, or
determination as in its opinion ought to be done, and to that end the board has
all the powers of the officer from whom the appeal is taken.
(b) All final administrative decisions of the board of appeals are subject
to judicial review under the Administrative Review Law and the rules adopted
under that Law. "Administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-50.1)
Sec. 110-50.1. Actions subject to de novo review; due process. (a) Any decision by the township board of any township in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
(60 ILCS 1/110-55)
Sec. 110-55.
Compensation of board of appeals members.
The members of the
board of appeals shall receive
compensation fixed by the township board
and approved by
the electors at an annual or special township meeting.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-60)
Sec. 110-60.
Amendment of regulations; hearing.
The regulations imposed and
the districts created under this Article may be amended from time to time by
the township board by ordinance or resolution after the ordinance or resolution
establishing the regulation has gone into effect, but no amendments shall be
made without a hearing before the board of appeals. At least 15 days notice of
the time and place of the hearing shall be published in an official paper or a
paper of general circulation in the township. If there is a written protest
against any proposed amendment, signed and acknowledged (i) by the owners of
20% of the frontage proposed to be altered, (ii) by the owners of 20% of the
frontage immediately adjoining or across an alley from the frontage proposed to
be altered, or (iii) by the owners of 20% of the frontage directly opposite the
frontage proposed to be altered, the amendment shall not be passed except
by the favorable vote of three-fourths of all the members of the township
board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-65)
Sec. 110-65. Violations; remedies; misdemeanor.
(a) If any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained (or any building, structure, or
land is used) in violation of this Article or of any ordinance, resolution, or
other regulation made under this Article, the proper authorities of the
township, or any person the value or use of whose property is or may be
affected by the violation, in addition to other remedies, may institute any
appropriate action or proceedings (i) to prevent the unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or
use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the
occupancy of the building, structure, or land, or (iv) to prevent any illegal
act, conduct, business, or use in or about the premises.
(b) The violation of the terms of any ordinance adopted under this Article
shall be deemed a Class B misdemeanor. (c) Except in relation to township-owned property, this Section does not authorize any suit against a township or its officials for any act relating to the administration, enforcement, or implementation of this Article or any ordinance, resolution, or other regulation adopted pursuant to this Article.
(Source: P.A. 100-595, eff. 6-29-18.)
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(60 ILCS 1/110-70)
Sec. 110-70. School district. (a) In any hearing before a zoning
commission or board of appeals, any school district within which the property
in issue, or any part of that property, is located may appear and present
evidence.
(b) In exercising the powers under this Article with respect to public school districts, a township shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (b) is declarative of existing law and does not change the substantive operation of this Article. (c) In processing zoning applications from public school districts, a township shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the township for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the township, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the township.(Source: P.A. 99-890, eff. 8-25-16.)
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(60 ILCS 1/110-75)
Sec. 110-75.
Cooperation with other governmental units.
In the exercise of
powers conferred by this Article, the township board may cooperate with the
county, with other townships, and with municipal or State authorities and may
appoint any committee or committees it thinks proper to effect that
cooperation.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/110-80) (This Section may contain text from a Public Act with a delayed effective date) Sec. 110-80. Battery-charged fences. (a) As used in this Section, "battery-charged fence" means a fence energized by a battery that is not more than 12 volts of direct current that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to notify law enforcement of a potential intrusion. (b) Notwithstanding any other law, a township may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if (i) the battery-charged fence is located on nonresidential property completely surrounded by a nonelectric perimeter fence or wall that is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher, and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must have conspicuous signs located on the fence placed not less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".(Source: P.A. 103-796, eff. 1-1-25.) |
(60 ILCS 1/Art. 115 heading) ARTICLE 115.
TOWNSHIP
OPEN SPACE
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(60 ILCS 1/115-5)
Sec. 115-5.
Definitions.
As used in this Article, unless the context
otherwise requires:
"Board" means the township board in counties having a population of more
than 150,000.
"Development of real property" means the constructing, installing,
planting or creating of any permanent or temporary improvement of real
property that has been acquired for open space purposes.
"Open land" or "open space" means any space or area of land or water of an
area of 50 acres or more, the preservation or the restriction of development or
use of which would (i) maintain or enhance the conservation of natural or
scenic resources;
(ii) protect natural streams or water supply; (iii) promote conservation of
soils, wet lands, or shores; (iv) afford or enhance public outdoor recreation
opportunities; (v) preserve flora and fauna, geological features, historic
sites, or other areas of educational or scientific interest; (vi) enhance the
value to the public of abutting or neighboring highways, parks, or other public
lands; (vii) implement the plan of development adopted by the planning
commission of any municipality or county; or (viii) promote orderly urban or
suburban development. A township at any time may release a specified parcel of
land from an open space plan and allow the development of the parcel to occur.
Once development (as defined in Section 115-55) has commenced, the land shall
no longer be eligible for acquisition as open space or open land.
"Open space plan" means the written plan adopted by the board to implement
an open space program and includes properly adopted amendments or additions to
the plan.
"Open space program" means the acquisition of the fee or of a lesser right or
interest in tracts of open land in the township for open space purposes.
"Open space purposes" includes (i) the preservation and maintenance of open
land, scenic roadways, and pathways; (ii) the holding of real property
described in clause (i), with or without public access, for the education,
pleasure, and recreation of the public or for other open space values; (iii)
the preservation of portions of that property in their natural condition and
the development of other portions of that property; (iv) the management and use
of that property in a manner and with restrictions that will leave it
unimpaired for the benefit of future generations; and (v) otherwise promoting
the conservation of the nature, flora and fauna, natural environment, and
natural resources of the township.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-10)
Sec. 115-10. Open space plan; petition.
(a) A board desiring to enter upon an open space program may do so only
after adoption of an open space plan under Section 115-15. The board shall
commence preparation of an open space plan under that Section only upon the
filing with the township clerk of a petition signed by not less than 5% or 50,
whichever is greater, of the registered voters of the township (according to
the voting registration records at the time the petition is filed) recommending
that the board commence preparation of an open space plan. Within 5 business days after the filing of the petition, the township clerk shall provide public notice of the existence of the filed petition in the same manner as notices of meetings of the township board are provided. A hearing shall be conducted no less than 30 days after the filing of the petition to determine the validity of the petition, which may be challenged in accordance with the general election law.
(b) A proposed open space plan shall (i) identify all open land within
the township that the board deems necessary to acquire in order to
accomplish the purposes of the open space program; (ii) state the ways in
which the acquisition of open land will further open space purposes; (iii)
state the estimated costs of implementing the proposed plan; (iv) state the
approximate tax, per $100 of assessed value, that will be levied to provide the
necessary funds for implementing the proposed plan; (v) state the estimated
timetable for implementing the proposed plan; and (vi) establish standards and
procedures for establishing priorities for the acquisition of parcels
identified in the plan.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/115-15)
Sec. 115-15.
Public hearing.
(a) Before adopting an open space plan or an amendment to a plan, the board
shall conduct a public hearing on the plan or amendment, recommend adoption of
the open space plan or receive a recommendation by petition of the voters of
the township under Section 115-20 that the open space plan be adopted, and
submit the question of adoption of the open space plan to the township voters
under Section 115-20.
(b) The board shall cause to be prepared a notice of the public hearing
stating the date, time, place, and purpose of the hearing. The township clerk
shall cause the notice to be published in a newspaper of general circulation in
the township not less than 15 nor more than 30 days before the date of the
hearing. The township clerk also shall send notice of the hearing by
registered or certified mail, return receipt requested, not less than 20 days
before the hearing, to the owners of property being recommended for acquisition
and designation as open space or open land under the proposed open space plan.
Those owners shall be those parties identified on the most current real estate
tax assessment rolls for the county in which the township is located as being
the parties to whom current real estate tax bills are being sent. A copy of
the proposed plan also shall be filed with the township clerk, who shall make
it available to the general public for inspection after publication of the
notice of public hearing.
(c) At the public hearing, all persons desiring to offer statements or other
evidence in support of or in opposition to the proposed plan shall be afforded
an opportunity to do so orally, in writing, or both.
(d) Within 60 days after the public hearing, the board shall consider
all of the evidence before it and may, based upon that evidence, recommend
adoption or rejection of the proposed open space plan in whole or in
part. The board's recommendation shall be in writing. If the board does not
recommend adoption or rejection of the proposed open space plan, or if a
petition from the voters of the township recommending adoption of the open
space plan is not filed with the township clerk within 60 days after the public
hearing, the open space plan may not be subsequently adopted unless another
public hearing is held and notice given as provided in this Section. A
recommendation by the board or by petition under this subsection (d) to adopt
an open space plan shall be made no later than 138 days before the next regular
election in order for the question of the adoption of the open space plan to
appear on the ballot at that election. If the question of the adoption of the
open space plan does not appear on the ballot, the open space plan may not be
subsequently adopted unless another public hearing is held and notice given
under this Section.
(Source: P.A. 85-1140; 88-62.)
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(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space plan, or if a
subsequent petition is filed by not less than 5% or 50, whichever is greater, of the
registered voters of the township (according to the voting registration records
at the time the petition is filed) recommending adoption of the open space
plan, then the Board, within 30 days of making of the recommendation or the
approval of the petition, shall file a petition with the township clerk,
requesting the clerk to submit to the voters of the township the question of
whether the township shall adopt the open space plan and enter upon an open
space program, with the power to acquire open land by purchase, condemnation
(except townships in counties having a population of more than 150,000 but
not more than 250,000),
or otherwise in the township and with the power to issue bonds for those
purposes under this Article. Approval of a petition recommending adoption of the open space plan shall be given if the petition is determined to be valid following public notice and a hearing consistent with the requirements of Section 115-10 for the initial petition. The total amount of bonds to be issued under
this Section may not exceed 5% of the valuation of all taxable property in the
township and shall be set forth in the question as a dollar amount. The
township clerk shall certify that proposition
to the proper election officials, who shall submit the proposition to the
township voters at the next regular election. The referendum shall be
conducted and notice given in accordance with the general election law.
(b) The question submitted to the voters at the election shall be in
substantially the following form:
Shall (name of township) adopt the open space plan | ||
| ||
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election on the question vote
in favor of the question, the township shall thereafter adopt the open space
plan recommended by the board or by the petition of the registered voters of
the township and shall enter upon an open space program under this Article. If
the proposition does not receive the approval of a majority of the voters
voting at the election on the question, no proposition may be submitted to the
voters under this Section less than 23 months after the date of the election.
(d) If a majority of the legal voters voting at referendum in any township
approved a proposition at the consolidated election in 2001 in reliance upon
and consistent with this Section 115-20 as it existed prior to the effective
date of Public Act 91-847, then that referendum and all actions taken in
reliance thereon are hereby validated and are legally binding in all
respects.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/115-25)
Sec. 115-25.
Amendments or additions to plan.
If the board recommends any
amendments or additions to a plan that has been adopted by a township, no
property that is the subject of the amendment or addition may be acquired until
the revised plan is approved by the voters at a referendum under Section 115-20
unless the amendments or additions do not provide for expenditures in excess of
those provided in the original plan and do not provide for the acquisition of
property other than from persons who are selling their property voluntarily.
(Source: P.A. 85-1140; 88-62.)
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(60 ILCS 1/115-30)
Sec. 115-30.
Property within municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is situated within the corporate boundaries of a
municipality, the corporate authorities of the municipality may, within 30 days
of the recommendation, vote to authorize the board of a township in a county
having a population of more than 250,000 to acquire by condemnation
property that is situated within the municipality's corporate boundaries. If
the corporate authorities of the municipality fail to act within that 30 day
period, then none of the property included in the open space plan that is
situated within the municipality shall be acquired by the board by
condemnation. The municipality's failure to act constitutes a denial
of authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is situated within the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the municipality
residing within the township (according to the voting registration records at
the time the petition is filed), requesting that the question of whether the
board shall be granted authority to acquire property within its corporate
boundaries by condemnation be submitted to the voters of the municipality
residing within the township, then the question shall be submitted to those
voters in the form of a proposition. The petition shall state the public
question to be submitted and contain a common description of the territory in
plain and nonlegal language. The description shall describe the territory by
reference to streets, natural or artificial landmarks, addresses, or any other
method that would enable a voter signing the petition to be informed of the
territory proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the municipality who reside within the township. The referendum
shall appear on the ballot at the same election as the referendum required in
Section 115-20. Except as otherwise provided in this Section, the referendum
shall be conducted and notice given in accordance with the general election
law. The question submitted to the voters at the election shall be in
substantially the following form:
Shall the Township Board of (name of township in a | ||
| ||
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that include the description.
The notice shall be prominently displayed in the polling place of each
precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is situated within the corporate boundaries of the municipality and
included in the open space plan recommended for adoption under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is situated within the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the question, then
the board may not acquire the property by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-35)
Sec. 115-35.
Property contiguous to municipality; petition; referendum.
(a) If the open space plan recommended for adoption under Section 115-20
contains property that is contiguous to the corporate boundaries of one or more
municipalities, the corporate authorities of any of those municipalities may,
within 30 days of the recommendation, vote to authorize the board of a
township in a county having a population of more than 250,000 to acquire by
condemnation property that is contiguous to the municipality's corporate
boundaries. If the corporate authorities of a municipality fail to act within
that 30 day period, then none of the property included in the open space plan
that is contiguous to a municipality shall be acquired by the board by
condemnation. The municipality's failure to act constitutes a denial of
authority to acquire that property by condemnation.
(b) If, within 30 days of the decision of the municipality to either
authorize or deny the board the authority to acquire by condemnation that
property included in the open space plan that is contiguous to the corporate
boundaries of the municipality, a petition is filed with the township clerk,
signed by not less than 15% of the registered voters of the township (according
to the voting registration records at the time the petition is filed),
requesting that the question of whether the board shall be granted authority to
acquire property contiguous to the corporate boundaries of the municipality by
condemnation be submitted to the voters of the township, then the question
shall be submitted to those voters in the form of a proposition. The petition
shall state the public question to be submitted and contain a common
description of the territory proposed to be acquired in plain and nonlegal
language. The description shall describe the territory by reference to
streets, natural or artificial landmarks, addresses, or any other method that
would enable a voter signing the petition to be informed of the territory
proposed to be acquired.
(c) The township clerk shall certify the proposition to
the proper election officials, who shall submit the proposition to the
voters of the township. The referendum shall appear on the ballot at the same
election as the referendum required in Section 115-20. Except as otherwise
provided in this Section, the referendum shall be conducted and notice given in
accordance with the general election law. The question submitted to the voters
at the election shall be in substantially the following form:
Shall the Township Board of (name of township in a | ||
| ||
The votes shall be recorded as "Yes" or "No".
(d) The election authority shall include on the ballot the description of
the territory proposed to be acquired as set forth in the petition. If the
election authority determines that the description cannot be included within
the space limitations of the ballot, the election authority shall prepare large
printed copies of a notice of the public question that includes the
description. The notice shall be prominently displayed in the polling place of
each precinct in which the question is to be submitted.
(e) If a majority of the voters voting at the election on the question vote
in favor of the question, then the board may acquire by condemnation open land
that is contiguous to the corporate boundaries of the municipality or
municipalities and included in the open space plan recommended for adoption
under Section 115-20.
(f) If the corporate authorities of a municipality deny the board the
authority to acquire by condemnation property that is contiguous to the
municipality's boundaries and the referendum does not appear on the ballot
at the election specified in this Section, or if the proposition fails
to receive the vote of a majority of the voters voting on the proposition,
then the board may not acquire the property by condemnation.
(g) For purposes of this Section, "contiguous" means contiguous for
purposes of annexation under Article 7 of the Illinois Municipal Code.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-40)
Sec. 115-40.
Later submission of proposition to include property.
If in a
township in a county having a population of more than 250,000 a
parcel of land cannot be acquired by condemnation because it was not approved
at an election under either Section 115-30 or 115-35, that parcel can again be
included in a proposition only if (i) the procedures set forth in Section
115-15 relating to amendments that add property to existing open space plans
have been followed and (ii) not less than 23 months have elapsed since the date
of the election at which the voters failed to approve the acquisition of the
parcel by condemnation.
(Source: P.A. 91-641, eff. 8-20-99.)
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(60 ILCS 1/115-45)
Sec. 115-45.
Powers of township board.
In any township in which the
establishment of an open space program has been authorized by the voters under
this Article, the township board, to the extent necessary to carry out the
purposes of this Article and in addition to any other powers, duties, and
functions vested in a township by law (but subject to limitations and
restrictions imposed by this or another law), has the powers enumerated in the
following Sections.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/115-50)
Sec. 115-50.
Study; coordinated plan.
The board may study and ascertain the
open space resources and outdoor recreation facilities in the township, the
need for preserving those resources and providing those facilities, and the
extent to which those needs are being currently met. The board may prepare and
adopt a coordinated plan of areas and facilities to meet those needs.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-55)
Sec. 115-55. (a) The board may acquire by gift, legacy, purchase,
condemnation in the manner provided for the exercise of the right of eminent
domain under the Eminent Domain Act and except as
otherwise provided in this subsection, lease, agreement, or
otherwise the fee or any lesser right or interest in real property that is open
land and may hold that property with or without public access for open space,
scenic roadway, pathway, outdoor recreation, or other conservation benefits.
No township in a county having a population of more than 150,000 but not more
than 250,000 has authority under this Article to acquire property by
condemnation, and
no other township has authority under this Article to acquire
by condemnation
(i) property that is used for farming or agricultural purposes; (ii) property
that is situated within the corporate limits of a municipality or contiguous to
one or more municipalities unless approval to acquire the property by
condemnation is obtained under Section 115-30 or 115-35; (iii) property upon
which development has commenced; or (iv) property owned by a religious
organization, church, school, or charitable organization exempt from federal
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 or
similar provisions of any successor law, or any other organization controlled
by or affiliated with such a religious organization, church, school, or
charitable organization.
(b) For purposes of this Section:
(1) "Development" of property is deemed to have | ||
| ||
(2) "Contiguous" means contiguous for purposes of | ||
| ||
(3) Real property is deemed used for farming or | ||
| ||
(c) If a township's acquisitions of open land, or interests
in open land when combined with other lands in the township held for open
space purposes by other governmental entities, equals 30% of the total
acreage of the township, then the township may not acquire additional open
land by condemnation.
(d) Any parcel of land that is included in an open space plan adopted by a
township that has not been acquired by the township under this Section within 3
years, or within 2 years with respect to existing open space programs, after
the later of (i) July 29, 1988, or (ii) the date of the passage of the
referendum may not thereafter be acquired by condemnation by the township under
this Section, except that if an action in condemnation to acquire the parcel is
filed under this Section within that 3 year or 2 year period, as applicable,
the parcel may be acquired by condemnation by the township notwithstanding the
fact that the condemnation action may not be concluded within the 3 year or 2
year
period, as applicable. Notwithstanding the foregoing, if a parcel of land
cannot be acquired by condemnation under subsection (a) because of its use for
farming or agricultural purposes, the 3 year or 2 year period, as applicable,
shall be tolled until the date the parcel ceases to be used for farming or
agricultural purposes. Notwithstanding the foregoing, the fee or any lesser
right or interest in real property that is open land may be acquired after the
3 year or 2 year period, as applicable, by any means authorized under
subsection (a) other than condemnation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(60 ILCS 1/115-60)
Sec. 115-60.
Classification of areas; structures.
The board may classify,
designate, plan, develop, preserve, administer, and maintain all areas, places,
and facilities in which it has an interest and may construct, reconstruct,
alter, and renew buildings and other structures and equip and maintain those
buildings and other structures.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-65)
Sec. 115-65.
Acceptance of money and personal property.
The board may
accept gifts, grants, bequests, contributions, and appropriations
of money and other personal property for open space purposes.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-66) Sec. 115-66. Surplus for maintenance and operation of open spaces. A township that has adopted an open space plan may maintain and receive from year to year funds for maintenance and operation of the township's open spaces in surplus of the amount necessary for the annual maintenance and operation of open spaces within the township. The surplus shall be maintained in a separate fund and not commingled with the township general fund. The surplus shall not be derived from any township tax levy.
(Source: P.A. 94-469, eff. 8-4-05.) |
(60 ILCS 1/115-70)
Sec. 115-70.
Executive officer.
The board may employ and fix the
compensation of an executive officer who shall be responsible to the board for
the carrying out of its policies. The executive officer shall have the power,
subject to the approval of the board, to employ and fix the compensation of
assistants and employees the board considers necessary for carrying out the
purposes and provisions of this Article.
(Source: P.A. 79-472; 88-62.)
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(60 ILCS 1/115-75)
Sec. 115-75.
Fees.
The board may charge and collect reasonable fees for
the use of such facilities, privileges and conveniences as may be provided.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-80)
Sec. 115-80.
Police powers.
The board may police its property and
exercise police powers in respect thereto or in respect to the enforcement of
any rule or regulation provided by the ordinances of the township and may
employ and commission police officers and other qualified persons to enforce
the same.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-85)
Sec. 115-85.
Natural resources studies.
The board may undertake studies
pertaining to the natural history, archaeology, history or conservation of
natural resources of the township.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-90)
Sec. 115-90.
Lease of lands.
The board may lease land for a period not
longer than 50 years from the date of the lease to a responsible person, firm,
or corporation for construction, reconstruction, alteration, renewal,
equipment, furnishing, extension, development, operation and maintenance of
lodges, housekeeping and sleeping cabins, swimming pools, golf courses,
campgrounds, sand beaches, marinas, convention and entertainment centers, roads
and parking areas, and other related buildings and facilities. In any lease of
land leased under this Section, upon expiration of the lease title to all
structures on the leased land shall be vested in the township.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-95)
Sec. 115-95.
Lease of buildings or facilities.
The board may lease any
building or facility constructed, reconstructed, altered, renewed, equipped,
furnished, extended, developed, and maintained by the township to a responsible
person, firm, or corporation for operation or development, or both, and
maintenance for a period not longer than 20 years from the date of the lease.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-100)
Sec. 115-100.
Dedication of nature preserves.
The board may dedicate open
lands, held by the township under this Article, as nature preserves within the
Illinois system of nature preserves as provided in Section 15 of the Illinois
Natural Areas Preservation Act and may cooperate with the Illinois Nature
Preserves Commission in matters relating to the purposes of this Article.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-105)
Sec. 115-105.
Borrowing money; bonds.
The township board may borrow money
and issue bonds, after referendum, for the purpose of acquiring, developing,
rehabilitating and renovating open lands for open space purposes, as defined in
Section 115-5, pursuant to an open space program adopted as provided in this
Article, in and for the township in any amount not to exceed 5%
on the
valuation of taxable property in the township, to be ascertained by the last
assessment for State and county taxes previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum that is produced by
multiplying the township's 1978 equalized assessed valuation by the debt
limitation percentage on January 1, 1979.
Whenever the board desires to issue bonds under this Article, or whenever the
board receives a petition from not less than 5% or 50, whichever is greater, of
the registered voters of the township, according to the voting registration
records at the time the petition is filed, requesting the board to issue bonds
under this Article, the board, concurrently with the filing of a petition with
the township clerk requesting him to submit to the voters of the township at
the next election the question of whether or not to adopt an open space plan
and enter upon an open space program, shall certify that proposition to the
proper election officials who shall submit to the voters of the township at the
next election the question of whether or not
the board shall issue bonds to finance an open space program and provide for
the levy and collection of a direct annual tax upon all taxable property within
the township to meet the principal and interest on the bonds as they mature,
which tax shall be in addition to and in excess of any other tax authorized to
be levied by the township.
The amount of bonds to be issued under this Section shall be set forth in the
question as a dollar amount.
The election shall be conducted and notice given in
accordance with the general election law. The question submitted to the voters
at the election shall be in substantially the following form:
Shall (name of township) issue bonds to finance the | ||
| ||
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote in favor of the
question, the board shall issue bonds as provided in this Article provided such
bonds are issued within 6 months after the voters vote favorably on such
question.
If such proposition does not receive the approval of a majority of
the voters voting at the
election on the question, no proposition may be submitted to such voters
pursuant to this Section less than 23 months after the date of such election.
The board shall then adopt a resolution authorizing the issuance of such
bonds, prescribing all the details thereof, and stating the time or times when
the principal thereof and the interest on the bonds become payable, and the
place of payment thereof. The bonds must, however, be payable within not less
than 3 nor more than 40 years from date thereof, and be issued to bear interest
at not to exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract. Such a resolution shall
provide for the levy and collection of a direct annual tax upon all the taxable
property within the corporate limits of such township sufficient to meet the
principal of and interest on the bonds as they mature, which tax shall be in
addition to and in excess of any other tax authorized to be levied by the
township.
A certified copy of the resolution providing for the issuance of any such
bonds shall be filed with the county clerk of the county in which the township
is located and constitutes the basis and authority of the county clerk for the
extension and collection of the tax necessary to pay the principal of and
interest upon the bonds issued under the resolution.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public Act 86-004, it
is and always has been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts, regardless of any
provision of this Article that may appear to be or to have been more
restrictive
than those Acts, (ii) that the provisions of this Section are not a limitation
on
the supplementary authority granted by the Omnibus Bonds Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive than those
Acts.
If a majority of the legal voters voting at referendum in any township
approved a proposition at the consolidated election in 2001 in
reliance upon and consistent with this Section 115-105 as it existed prior to
the effective date of Public Act 91-847, then that referendum and all actions
taken in reliance thereon are hereby validated and are legally binding in all
respects.
(Source: P.A. 91-847, eff. 6-22-00; 92-6, eff. 6-7-01.)
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(60 ILCS 1/115-110)
Sec. 115-110.
Report.
No later than March 31 of each calendar year, the
board of any township that has established an open space program pursuant to
the provisions of this Article shall file with the township clerk a report
describing the actions taken by such board to implement its open space plan.
This report shall include at least the following information:
(1) The amount of taxes levied and received by the | ||
| ||
(2) The amount of all monies spent in the preceding | ||
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(3) The legal and common descriptions of all lands | ||
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(4) The purpose for which all properties acquired are | ||
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(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-115)
Sec. 115-115.
Property tax exemption.
All property acquired by any
township for open space purposes pursuant to an open space program as defined
in this Article shall be exempt from real property taxation for assessment year
1988 and each assessment year thereafter.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-120)
Sec. 115-120.
Applicability.
Only the following provisions of Sections of
the Township Open Space Act as changed or added by Public Act 85-1140 shall
apply to open space programs validly established prior to July 29, 1988 (the
effective date of Public Act 85-1140): (i) Section 2.02 (Sections 115-10 and
115-15 of this Code) as such Section relates to amendments that add property to
an existing open space plan; (ii) Section 4.02(a)(i) and (iv) (items (i) and
(iv) of subsection (a) of Section 115-55 of this Code); (iii) Section 4.02(b)
(subsection (c) of Section 115-55 of this Code); (iv) Section 4.02(c)
(subsection (d) of Section 115-55 of this Code); and (v) Section 6 (Section
115-110 of this Code). Public Act 85-1140 shall apply to any condemnation
action to exercise the right of eminent domain provided in Section 4.02 of the
Township Open Space Act (Section 115-55 of this Code) filed on or after June 1,
1988 and not brought to final and unappealable judgment on or before July 29,
1988 (the effective date of Public Act 85-1140). However, the provisions of
Public Act 85-1140 shall neither require
additional public hearings or referenda in connection with any open space
program validly established prior to July 29, 1988 (the effective date of
Public Act 85-1140), except with respect to amendments pursuant to Section 2.02
of the Township Open Space Act (Sections 115-10 and 115-15 of this Code) that
add property to an existing open space plan, nor render unenforceable or
invalid any bonds properly issued in connection with such open space program.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/115-125)
Sec. 115-125.
Validation.
Sections 4.06 through 8 of the Township Open
Space Act were inadvertently omitted from the Township Code when that Code was
enacted by Public Act 88-62. Those Sections are being added to the Township
Code as Sections 115-75 through 115-120. They shall be construed as a
continuation of the corresponding provisions of the Township Open Space Act and
not as a new or different law. Every otherwise lawful action taken in reliance
on and in accordance with those Sections after December 31, 1993 and before the
effective date of this amendatory Act of 1994 is hereby validated.
(Source: P.A. 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 120 heading) ARTICLE 120.
TOWNSHIP
PARKS
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(60 ILCS 1/120-5)
Sec. 120-5.
Power to acquire park land; inapplicable to church.
(a) A township, acting through the township board, may acquire lands (not
exceeding for any one park 25 acres in extent, unless received as a gift) to be
set apart and forever held and maintained and improved as public parks for the
free use of the public.
(b) This Section does not apply to property owned by a church or any
organization owned, operated, or controlled by or affiliated with a church,
regardless of whether the property is subject to a lease, occupancy agreement,
or other contract, agreement, or arrangement with a person or entity other than
a church.
(Source: P.A. 86-282; 88-62.)
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(60 ILCS 1/120-10)
Sec. 120-10. Method of acquiring land. A township desiring to procure lands
for park purposes under this Article may purchase the lands from the owner or
owners or, in the discretion of the township board, may acquire the lands by
the exercise of the power of eminent domain in the manner provided by the laws
of this State for taking or damaging private property for public purposes. A township may not utilize eminent domain powers with respect to lands located within the boundaries of a municipality that is served by a municipal recreation department, or a park district.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/120-15)
Sec. 120-15.
Townships in certain counties; golf courses and fees.
(a) A township in a county having a population between 300,000 and 1,000,000
may, by purchase only and not by condemnation, acquire lands not exceeding 50
acres for park purposes or golf courses. A township in a county having a
population between 100,000 and 300,000 may, by purchase only and not by
condemnation, acquire lands not exceeding 100 acres for park purposes or golf
courses.
(b) If the lands are developed as a golf course, the township board shall
charge a fee of those using the golf course and its facilities. The fee shall
be at a rate sufficient to pay for the maintenance, depreciation, and operating
costs relating to the golf course.
(Source: P.A. 85-1209; 88-62.)
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(60 ILCS 1/120-20)
Sec. 120-20.
Park maintenance tax.
(a) To provide a fund for the maintenance of parks, the township board may
levy annual taxes not exceeding 0.02% (or the rate limit in effect on July 1,
1967, whichever is greater) of the value of the property in the township in any
one year, as equalized or assessed by the Department of Revenue. The tax shall
be levied and collected at the time and in the manner that other township taxes
are required to be levied and collected.
(b) The limitations upon tax rates in subsection (a) may be increased
or decreased under the referendum provisions of the General Revenue Law of
Illinois.
(c) The maintenance tax, when levied and collected, shall be kept separate
and distinct from all other township funds and shall be applied exclusively to
the expense of maintenance and upkeep, adornment, and development of parks
acquired by the township or to the acquisition of other lands to be used for
public park purposes. In any township in a county having a population
between 100,000 and 1,000,000, the moneys provided by the taxes authorized by
this Section may be used for the acquisition and development of lands for park
and golf course purposes under Section 120-15, subject to the requirements of
that Section concerning the establishment of fees for the use of golf courses.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 125 heading) ARTICLE 125.
TOWNSHIP
PARK BONDS
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(60 ILCS 1/125-5)
Sec. 125-5.
Power to issue park bonds; park size.
(a) For the purpose of promoting the health and welfare of its citizens, a
township may issue bonds for the purpose of procuring and improving lands to be
set apart and forever held as one or more public parks to be kept and
maintained for the free use of the public.
(b) No park shall exceed 25 acres in extent.
(Source: P.A. 90-438, eff. 1-1-98.)
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(60 ILCS 1/125-10)
Sec. 125-10. Petition and referendum.
(a) Legal voters of a township numbering no less than 5% or 50, whichever is greater, of the registered voters of the township, may file a petition in writing in
the office of the circuit clerk in the county in which the township is located,
with a copy of such petition required to be filed on the same day with the township clerk, asking that a referendum be held to authorize the issuance of bonds for the
purpose of providing funds for the purchase and improvement of one or more
public parks in the township. The petition shall designate the amount of bonds
proposed to be issued for the acquirement and improvement of the parks. Within 5 business days after the filing of the petition, the township clerk shall provide public notice of the existence of the filed petition in the same manner as notices of meetings of the township board are provided. After a hearing conducted no less than 30 days after the filing of the petition, at which time the validity of the petition may be challenged in accordance with the general election law, the circuit court, if it determines that the
petition conforms with the requirements of the law, shall certify the question
to the proper election officials, who shall submit the question at an election
to the legally qualified voters of the township. The court shall designate the
election at which the question shall be submitted. The notice of the referendum
shall state the amount of bonds proposed to be issued and identify any specific park acquisition or improvement projects intended to be supported by the bond proceeds, and the notice shall be
given and the referendum conducted in accordance with the general election law.
(b) The proposition at the referendum shall be substantially in one of the
following forms:
Form A
Shall (name of township) be authorized to issue park | ||
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Form B
Shall (name of township) be authorized to issue park | ||
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The votes shall be recorded as "Yes" or "No".
(c) If a majority of the votes cast upon the proposition are in favor of the
issuance of bonds, the township supervisor and township clerk shall issue the
bonds of the township not exceeding the amount voted upon at the township
election. The bonds shall become due not more than 20 years after their date,
shall be in denominations of $100 or any multiple of $100, and shall bear
interest, evidenced by coupons, at the rate of not exceeding 5% per annum,
payable semiannually.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/125-12) Sec. 125-12. Public hearing following referendum approval.
(a) Before the bonds shall be sold, the township board shall hold at least one public hearing on the subject of how the bond proceeds may be spent. In addition to providing no less than 15 days' advance public notice of such hearing in a manner consistent with meetings of the township board, notice of such public hearing shall be provided to all municipalities and park districts located within the township. All interested residents and local government officials within the township shall be afforded an opportunity to be heard during the public hearing. (b) When Form A of the referendum question is used, the township shall consider all legitimate park acquisition and improvement projects that are submitted in connection with the public hearing. When Form B of the referendum question is used, the township shall consider only those park acquisition and improvement projects that were identified in the question.
(Source: P.A. 94-622, eff. 8-18-05.) |
(60 ILCS 1/125-15)
Sec. 125-15. Supervisor's and clerk's certificate; tax; board of
park commissioners.
(a) The bonds shall be sold, and the proceeds shall be used, solely for
the purpose of procuring and improving one or more parks in the township; specifically, the bond proceeds may be used in connection with one or more acquisition projects, one or more improvement projects, or a combination thereof. The bond proceeds may be used to support projects at parks operated by the township or, through grants or intergovernmental agreements, at parks operated by a municipality or park district. At or
before the time of the delivery of the bonds for value, the township supervisor
and township clerk shall file with the county clerk of the county in which the
township is situated their certificate in writing, under their signatures,
stating the amount of bonds to be issued, their denomination, and the rate of
interest and where payable. The certificate shall include a form of the bond
to be issued.
(b) The supervisor and clerk shall levy a direct annual tax upon all the
taxable property in the township sufficient to pay the principal and interest
of the bonds as and when they respectively mature. The certificate filed with
the county clerk is full and complete authority to the county clerk to extend
the tax named in the certificate upon all the taxable property in the township.
The tax is in addition to all other taxes authorized by law.
(c) If there is a board of park commissioners invested by law with control
over any park that lies wholly or in part in the township, the duties required
of the supervisor and clerk by this Section and subsection (c) of Section
125-10 shall be performed by the board of park commissioners or under its
authority.
(Source: P.A. 94-622, eff. 8-18-05.)
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(60 ILCS 1/125-20)
Sec. 125-20. Use of bond proceeds. The proceeds of the bonds shall be
received and held by the township supervisor but shall be expended under the
direction and upon the warrant of a majority of the members of the board of trustees of
the township. However, a majority of the members of the board of trustees may designate that the bond proceeds be expended under the direction and upon the warrant of the highway commissioner if the highway commissioner provides written consent to that action. If, however, at the time the proceeds are received there is a
board of park commissioners invested by law with control over any park that
lies wholly or in part in the township, the proceeds of the bonds shall be
expended upon the warrants of a majority of the board of park commissioners.
The board of trustees, highway commissioner or board of park commissioners may designate the
parcel or parcels of land or property to be utilized for the purchase of the
parks and may determine the character, time, and manner of improving,
developing, maintaining, and adorning the parcel or parcels.
(Source: P.A. 95-759, eff. 7-28-08.)
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(60 ILCS 1/125-25)
Sec. 125-25.
Supplementary power.
This Article does not repeal any prior
Acts passed by the General Assembly regarding the issuance of bonds for park
purposes but grants additional and supplementary power in relation to the
issuance of bonds for park purposes.
(Source: Laws 1915, p. 722; P.A. 88-62.)
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(60 ILCS 1/Art. 130 heading) ARTICLE 130.
TOWNSHIP
CEMETERIES
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(60 ILCS 1/130-5)
Sec. 130-5.
Cemeteries; permitted activities.
(a) A township may establish and maintain cemeteries
within and without its territory, may acquire lands for
cemeteries by
condemnation or otherwise, may lay out lots of convenient size for
families, and may sell lots for a family burying ground
or to individuals
for burial purposes. Associations duly incorporated under
the
laws of this State for cemetery purposes shall have the same power and
authority to purchase lands and sell lots for burial purposes as are
conferred upon townships under this Article.
(b) A township that has within its territory an
abandoned cemetery may enter the cemetery grounds and
cause the grounds to be cleared and made orderly. Provided,
in no event shall a township enter an abandoned cemetery
under this subsection if the owner of the property or the
legally responsible cemetery authority provides written
notification to the township, prior to the township's entry
(1) demonstrating the ownership or authority to control
or manage the cemetery and (2) declining the township authorization to
enter the property. In making a cemetery orderly under this
Section, the township may take necessary measures to
correct dangerous conditions that exist in regard to
markers, memorials, or other cemetery artifacts but may not
permanently remove those items from their location on the
cemetery grounds.
If an abandoned cemetery is dedicated as an Illinois nature
preserve under the Illinois Natural Areas Preservation Act,
any actions to cause the grounds to be cleared and kept
orderly shall be consistent with the rules and master plan
governing the dedicated nature preserve.
(c) In this Section:
"Abandoned cemetery" means an area of land containing
more than 6 places of interment for which, after diligent
search, no owner of the land or currently functioning
cemetery authority objects to entry sought pursuant to this Section, and (1) at
which no
interments have taken place in at least 3 years; or (2)
for which there has been inadequate maintenance for at
least 6 months.
"Diligent search" includes, but is not limited to,
publication of a notice in a newspaper of local
circulation not more than 45 but at least 30 days prior to
a township's entry and cleanup of cemetery grounds. The
notice shall provide (1) notice of the township's intended
entry and cleanup of the cemetery; (2) the name, if known,
and geographic location of the cemetery; (3) the right of
the cemetery authority or owner of the property to deny
entry to the township upon written notice to the township;
and (4) the date or dates of the intended cleanup.
"Inadequate maintenance" includes, but is not limited
to, the failure to cut the lawn throughout a cemetery to
prevent an overgrowth of grass and weeds; the failure to
trim shrubs to prevent excessive overgrowth; the failure to
trim trees so as to remove dead limbs; the failure to keep
in repair the drains, water lines, roads, buildings,
fences, and other structures of the cemetery premises; or
the failure to keep the cemetery premises free of trash and
debris.
(Source: P.A. 92-419, eff. 1-1-02.)
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(60 ILCS 1/130-10)
Sec. 130-10.
Cemetery board of managers; appointment; powers; organization.
(a) If a township owns or controls a cemetery lying within or without, or
partly within and partly without, the territory of the township, the township
collector may appoint a board of 3 persons who shall be known as the cemetery
board of managers. Board members shall hold their office for a period of 2
years or until their successors are appointed.
(b) The cemetery board of managers may receive in trust, from the
proprietors or owners of any lot in the cemetery or any person interested in
the maintenance of a lot, any gift or legacy of money or real, personal, or
mixed property having a value of $50 or more that may be donated to the board
of managers for the use and maintenance of the lot or cemetery. The board of
managers may convert the property into money, invest the money as provided by
motion of the township, and apply the income perpetually for the care of the
cemetery lot or the care and maintenance of the cemetery, as specified in the
gift or bequest and as provided by motion of the township. Every gift or legacy
for any purpose mentioned in this Section made to a cemetery by its name, if
the cemetery has a board of managers appointed under this Section, shall vest
in the board of managers and take effect to all intents and purposes as if made
to that board. The gift or legacy shall not fail merely because the cemetery
is not incorporated.
(c) The board of managers, as soon as may be convenient after their
appointment, shall meet and organize by selecting one of their number to be
president and another of their number to be clerk of the board. The board also
shall select a treasurer of the board, who may or may not be one of their
number and who, before entering upon the treasurer's duties, shall execute a
bond to the People of the State of Illinois for the use of the board of
managers in a penal sum not less than double the value of the money or property
coming into his or her possession as treasurer, conditioned for the faithful
performance of his or her duties and for the faithful accounting for all
property that, by virtue of the office, comes into the treasurer's possession.
The bond shall be in a form and with sureties approved by the township
collector and shall be approved and preserved in the same manner, as near as
may be practicable, as is the bond
of the treasurer of a village.
(Source: P.A. 84-549; 88-62.)
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(60 ILCS 1/130-15)
Sec. 130-15.
Treasurer of board of managers.
The treasurer of the board of
managers shall have the custody of all money and property received in trust by
the board of managers and shall pay out that money or property only upon the
written order of the board, signed by at least 2 of the board members. The
treasurer shall keep permanent books of record of all trust funds, all receipts
and disbursements of trust funds, and the purposes of all receipts and
disbursements. The treasurer shall annually make a report in writing to the
board of managers, under oath, showing balances, receipts, and disbursements
and including a statement showing the amount and principal of trust funds on
hand and how invested. The report shall be audited by the board and, if found
correct, shall be transmitted to the township collector at the same time that
the treasurer of a village is required by law to make his or her report, to be
approved and preserved in the same manner if found to be correct.
(Source: P.A. 84-549; 88-62.)
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(60 ILCS 1/130-20)
Sec. 130-20.
Clerk of board of managers.
The clerk of the board of managers
shall keep, in a book provided for that purpose, a permanent record of the
proceedings of the board, signed by the president and attested by the clerk.
The clerk shall also keep a permanent record of the several trust funds, from
what sources the trust funds were received, the amounts of the trust funds, and
for what uses and purposes each trust fund was received. The clerk shall
annually, at the time of transmitting the treasurer's report to the township
collector, make a written report, under oath, to the township collector,
stating substantially the same matter required to be reported by the treasurer
of the board. The clerk's report, if found to be correct, shall be approved
and preserved by the township collector.
(Source: P.A. 84-549; 88-62.)
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(60 ILCS 1/130-25)
Sec. 130-25.
Removal of officers; accounting.
The township collector may
remove from office any member of the board of managers or the treasurer for
non-performance of duties or for misappropriation or wrongful use of the funds
or property and may require a just and proper accounting for the use of the
funds or property.
(Source: P.A. 84-549; 88-62.)
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(60 ILCS 1/130-30)
Sec. 130-30.
Joint cemeteries.
Any 2 or more cities, villages, or townships
may jointly unite in establishing and maintaining cemeteries within and without
the corporate limits or territory of either or any of them, may acquire lands
for those cemeteries in common by purchase, condemnation, or otherwise, may lay
out lots of convenient size for families, and may sell lots for family burying
ground or to individuals for burial purposes.
(Source: Laws 1963, p. 824; P.A. 88-62.)
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(60 ILCS 1/130-35)
Sec. 130-35.
Corporate trustee.
Whenever any money or other property has
been given or bequeathed to the board of managers of a cemetery owned or
controlled by a township for the purpose of maintaining a lot in the cemetery
or maintaining the cemetery as provided in this Article, the township may
provide for the appointment of a corporation authorized to do trust business as
trustee of the money or property, in place of the treasurer of the board of
managers. The corporate trustee has the same powers, authority, and duties with
regard to the administration of the trust funds as are provided in this Article
for the treasurer of the board of managers, except that it shall not be
required to execute a bond and may charge for its services as trustee amounts
agreed upon from time to time with the township authorities. The corporate
trustee may invest the trust funds in any investment authorized by the laws of
Illinois as proper fiduciary investments. The trustee may retain any property
given or bequeathed to it in trust even though the property may not be a legal
investment under the laws of Illinois.
(Source: P.A. 83-388; 88-62.)
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(60 ILCS 1/130-40)
Sec. 130-40.
Minimum amount of gift or legacy.
The board of managers may
from time to time establish the minimum amount that will be received by gift or
legacy for the use and maintenance of any lot in the cemetery, subject to
approval by the township collector.
(Source: P.A. 83-388; 88-62.)
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(60 ILCS 1/130-45)
Sec. 130-45.
Transfer of funds.
When a township
cemetery
district takes over a cemetery or cemetery authority, the care fund of the
cemetery or cemetery authority shall be transferred into the cemetery district
fund of the township cemetery district.
(Source: P.A. 91-181, eff. 1-1-00.)
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(60 ILCS 1/Art. 133 heading) ARTICLE 133.
PUBLIC GRAVEYARDS
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(60 ILCS 1/133-5)
Sec. 133-5.
Control of public graveyards.
The township board may
exercise control over public graveyards in the township as provided in the
Public Graveyards Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 135 heading) ARTICLE 135.
JOINT TOWNSHIP CEMETERIES
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(60 ILCS 1/135-5)
Sec. 135-5.
Joint township cemeteries.
Any 2 or more townships or road
districts, within or without the same county, may jointly unite in establishing
and maintaining cemeteries within and without their corporate limits, may
acquire lands for cemeteries in common by purchase, condemnation, or otherwise,
and may lay out lots of convenient size for individuals or families and sell
those lots for burial purposes.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-10)
Sec. 135-10.
Joint agreement; referendum; board of managers.
(a) The supervisors of any townships or the highway commissioners of any
road districts desiring to unite to establish and maintain cemeteries under
this Article may provide by agreement for the joint establishment and
maintaining of cemeteries. The agreement shall specify the site of the proposed
cemeteries and the proportionate share of the cost of acquiring and maintaining
the cemeteries that shall be borne by each of the townships or road districts.
(b) The proposition for the joint acquisition and maintenance shall state
the proposed site of the cemeteries and the proportionate share of the cost of
acquisition and maintenance to be borne by the respective townships or road
districts. The township board shall certify the proposition to the proper
election officials, who shall submit the question to the voters at an election
in accordance with the general election law.
(c) If the proposition is approved by a majority of the voters in each of
the townships or road districts voting upon the proposition, the supervisor of
each township or the commissioners of highways of each road district shall
appoint 3 persons as managers of the cemeteries. Those persons shall be known
as the board of managers. They shall be residents of the respective townships
or road districts from which they are appointed and shall hold their office for
a term of 4 years and until their successors are appointed.
(Source: P.A. 81-1489; 88-62.)
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(60 ILCS 1/135-15)
Sec. 135-15.
Vacancies in board of managers.
Vacancies in the board of
managers occasioned by death, resignation, removal, or otherwise shall be
reported by the board to the township supervisors or highway commissioners and
shall be filled, in the same manner as original appointments, by the supervisor
of the township or highway commissioner of the road district in which the
deceased, resigned, removed, or retiring member resided.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-20)
Sec. 135-20. Powers of board of managers. The board of managers shall
control and manage the cemeteries jointly acquired by the townships or road
districts. The board of managers may receive in trust from the proprietors or
owners of any lot in the cemeteries, or any person, corporation, association,
or society interested in the maintenance of those cemeteries, any gift or
legacy of money or real, personal, or mixed property that is donated or
bequeathed to the board of managers for the use and maintenance of the lot or
cemeteries. The board of managers may convert the property into money, may
invest the money in securities in which trust funds may be invested under the Illinois Trust Code, and may apply the income perpetually for the care of
the lot or the care and maintenance of the cemeteries as specified in the gift
or legacy or as provided by the board of managers if the gift or legacy does
not specify the manner in which the income is to be expended.
(Source: P.A. 101-48, eff. 1-1-20.)
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(60 ILCS 1/135-25)
Sec. 135-25.
Vesting of gift or legacy.
Every gift or legacy for any of the
purposes set forth in Section 135-20 made to a cemetery by its name, if the
cemetery has a board of managers appointed under this Article, shall vest in
that board and take effect for all purposes as if made to that board and shall
not fail merely because the cemetery is not incorporated.
(Source: P.A. 83-388; 88-62.)
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(60 ILCS 1/135-30)
Sec. 135-30.
Organization of board; treasurer and bond.
(a) The board of managers, as soon as may be convenient after appointment,
shall meet and organize by selecting one of its members to be president and
another of its members to be clerk.
(b) The board shall also select a treasurer, who need not be a member of the
board. The treasurer, before entering upon his duties, shall execute a bond to
the People of the State of Illinois for the use of the board of managers, in a
penal sum not less than double the value of the money and property coming into
his or her hands as treasurer, conditioned for the faithful performance of the
treasurer's duties and for the faithful accounting for all money and property
that, by virtue of the office, comes into the treasurer's hands. The bond
shall be in a form and with sureties approved by the township supervisors or
the highway commissioners and shall be filed with the township clerk of one of
the townships as determined by the supervisors or with the district clerk of
one of the road districts as determined by the highway commissioners.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-35)
Sec. 135-35.
Treasurer as custodian; annual report.
(a) The treasurer shall have custody of all money and property received
in trust by the board of managers and shall pay out the money and property only
upon the written order of the board, signed by at least 4 of its members. The
treasurer shall keep permanent books of record of all trust funds, all receipts
and disbursements of trust funds, and for what purposes trust funds were
received and disbursed.
(b) The treasurer shall, on or before the first day of July of each year,
make a report in writing to the board of managers, under oath, showing
balances, receipts, and disbursements, including a statement showing the amount
and principal of trust funds on hand and how invested. The report shall be
audited by the board and, if found correct, shall be transmitted to the
township supervisors or highway commissioners. If the report is approved by the
supervisors or highway commissioners, it shall be filed by them with the same
township or district clerk with whom the treasurer's bond is filed under
Section 135-30.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-40)
Sec. 135-40.
Clerk's records; annual report.
(a) The clerk of the board of managers, in a book provided for that purpose,
shall keep a permanent record of the proceedings of the board, signed by the
president and attested by the clerk, and shall also keep a permanent record of
the several trust funds, from what sources the trust funds were received, the
amounts of the trust funds, and for what uses and purposes the trust funds were
received.
(b) The clerk shall annually, on or before the first day of July, make a
report in writing, under oath, to the township supervisors or highway
commissioners as to the same matters required to be reported by the treasurer
of the board of managers under subsection (b) of Section 135-35. The report,
if found to be correct by the supervisors or highway commissioners, shall be
approved by them and preserved by the board of managers.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-45)
Sec. 135-45.
Removal of officers; accounting.
The township supervisors or
highway commissioners may remove from office any or all of the members of the
board of managers or the treasurer of the board for nonperformance of duties or
for misappropriation or wrongful use of funds or property held by them as
trustees for the cemeteries. The supervisors or highway commissioners may
require a just and proper accounting for the use of those funds or property.
(Source: Laws 1945, p. 388; P.A. 88-62.)
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(60 ILCS 1/135-50)
Sec. 135-50.
Tax; petition and referendum.
(a) When 50 legal voters of each township or road district present a
petition to the board of managers asking that an annual tax be levied for the
control and maintenance of cemeteries under this Article, the board
shall certify the proposition to the proper election officials, who shall
submit the proposition to the voters at an election in accordance with the
general election law. The proposition shall be in substantially the following
form: "For the levy of a tax to control and maintain cemeteries" or "Against
the levy of a tax to control and maintain cemeteries".
(b) If a majority of all the votes cast in each township or road district
upon the proposition is for a levy of the tax, the board of managers shall
thereafter annually levy a tax, upon all property taxable by the townships or
road districts, of not more than 0.10% of value, as equalized or assessed by
the Department of Revenue, in each township or road district.
(c) The tax shall be collected in the same manner as other general
taxes in the townships and road districts and, when collected, shall be
deposited into a separate fund known as the Cemetery Fund.
(d) The tax shall be in addition to all other taxes that the townships or
road districts are authorized to levy and collect.
(e) The limitations upon tax rates in subsection (b) are subject to the
provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1489; 81-1509; 88-62.)
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(60 ILCS 1/135-55)
Sec. 135-55.
Ordinances; violation; jurors.
(a) The board of managers may pass ordinances for the government of the
cemeteries, including ordinances relating to the operating and speed of motor
vehicles and the use of lots, walks, ponds, water courses, vaults, buildings,
and other places within the cemeteries, and for the maintenance of good order
and quiet in the cemeteries. A person found guilty of violating any ordinance
is guilty of a petty offense and shall be fined not less than $5 nor more than
$100.
(b) No person shall be disqualified from acting as a juror in a cause under
subsection (a) because of any interest or ownership he or she may have in the
lots of the cemeteries.
(Source: P.A. 77-2341; 88-62.)
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(60 ILCS 1/135-60)
Sec. 135-60.
Policemen.
The board of managers may appoint policemen
to protect the cemeteries and preserve order in the cemeteries. The policemen
have the same power with respect to any offenses committed in the cemeteries,
or any violation of Section 135-55, that city marshals or policemen in cities
have with respect to maintaining order in those cities or arresting persons for
offenses committed in those cities.
(Source: Laws 1941, vol. 1, p. 284; P.A. 88-62.)
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(60 ILCS 1/135-65)
Sec. 135-65.
Transfer of funds.
When a multi-township
cemetery
district takes over a cemetery or cemetery authority, the care fund of the
cemetery or cemetery authority shall be transferred into the cemetery district
fund of the multi-township cemetery district.
(Source: P.A. 91-181, eff. 1-1-00.)
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(60 ILCS 1/Art. 140 heading) ARTICLE 140.
TOWNSHIP HALLS
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(60 ILCS 1/140-5)
Sec. 140-5. Petition and referendum for township hall.
(a) Whenever it is desired to build, purchase, or lease, for a longer period
than 10 years, a township hall, a multi-purpose senior center, or a
combined
township hall and multi-purpose senior center in any township, at least 25
electors of the township may, before the time of giving notice of the annual
township meeting, file with the township clerk a petition in writing that the
proposition of building, purchasing, or leasing a township hall, a
multi-purpose senior center, or a combination township hall and multi-purpose
senior center and issuing bonds for the building, purchase, or lease be
submitted to the voters of the township at the next ensuing general election.
The proposition shall be clearly stated in the petition substantially as
follows: "Shall (name of township) borrow $(amount) to (build, purchase, or
lease) a (township hall, multi-purpose senior center, or combination
multi-purpose township hall and senior center) and issue bonds for the
(building, purchase, or lease)?" The petition shall be filed in the office of
the township clerk.
(b) The township clerk shall certify the proposition to the proper election
officials, who shall submit the proposition to the legal voters of the township
at an election in accordance with the general election law. The form of the
proposition shall be substantially as follows:
Shall (name of township) borrow $(amount) to (build, | ||
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The votes shall be recorded as "Yes" or "No".
(c) Notwithstanding any provision of this Section to the contrary, any township may, by ordinance or resolution, build, purchase, or lease a township hall, a multi-purpose senior center, or a combined township hall and multi-purpose senior center within the township without referendum approval, if the building, purchasing, or leasing of the township hall, multi-purpose senior center, or combined township hall and multi-purpose senior center is paid or provided for with funds that are not the proceeds of bonds authorized under this Article. (Source: P.A. 96-1397, eff. 7-29-10.)
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(60 ILCS 1/140-10)
Sec. 140-10.
Issuance of bonds; terms.
(a) If a majority of the votes on the question under Section 140-5 are in
favor of the question, the township may issue the bonds. To effectuate the
issuance of the bonds, the township board shall adopt a resolution authorizing
the issuance of the bonds, prescribing all the details of the issuance and
stating when the principal and interest shall become payable and the place of
payment. These bonds shall be sold in a manner, at a price, and in
denominations determined by the township board. The amount of the bonds issued
shall not exceed 2.3% of the value of the taxable property of the township as
ascertained by the assessment for the State and county taxes for the preceding
year or, until January 1, 1983, if greater, the sum that is produced by
multiplying the township's 1978 equalized assessed valuation by the debt
limitation percentage in effect on January 1, 1979, nor shall the amount of the
bonds issued exceed, including the then existing indebtedness of the township,
5.75% of the value of the taxable property of the township as ascertained by
the assessment for the State and county taxes for the preceding year.
(b) If a majority of the legal voters voting on the proposition at an
election held under this Article vote in favor of issuing the bonds, the
township board may thereafter issue bonds in an amount not to exceed that
approved by the voters at the election. The bonds shall be signed and executed
in the name of the township by the members of the township board or by a
majority of those members, shall mature not later than 20 years from the date
of
issuance, and shall bear interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract. The bonds shall be sold at not less than par.
(c) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 87-1254; 88-62.)
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(60 ILCS 1/140-15)
Sec. 140-15.
Tax.
The township board shall, in the resolution authorizing
the bonds, provide for the collection of a direct annual tax sufficient to pay
the interest and principal of the bonds as each falls due. A certified copy of
the resolution authorizing the bonds and levying the tax shall be filed in the
office of the county clerk of the county in which the township is located, and
the county clerk shall extend annually against the property in the township a
tax sufficient to raise in each year the amount provided in the resolution for
the payment of principal and interest in that year.
(Source: P.A. 86-4; 88-62.)
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(60 ILCS 1/Art. 145 heading) ARTICLE 145.
TOWNSHIP HALL, TOWNSHIP
COEXTENSIVE WITH CITY
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(60 ILCS 1/145-5)
Sec. 145-5. Petition and referendum to build or purchase township hall.
(a) Whenever it is desired to build or purchase a township hall in any
township whose boundaries are coextensive with the limits of an incorporated
city, 25 electors of the township may, before the time of giving notice of the
annual township meeting, file with the township clerk a petition in writing
that the proposition of building or purchasing a township hall, as the case may
be, and the issuing of bonds for the building or purchase be submitted to the
voters of the township at an election. The proposition shall be clearly stated
in the petition substantially as follows: "Shall (name of township) borrow
$(amount) to build or purchase a township hall and issue bonds for the building
or purchase?" The petition shall be filed in the office of the township clerk.
(b) The township clerk shall certify the proposition to the proper election
officials, who shall submit the proposition to the legal voters of the township
at an election held in accordance with the general election law. The form of
the proposition shall be substantially as follows:
Shall (name of township) borrow $(amount) to build or | ||
| ||
The votes shall be recorded as "Yes" or "No".
(c) Notwithstanding any provision of this Section to the contrary, any township whose boundaries are coextensive with the limits of an incorporated city may, by ordinance or resolution, build or purchase a township hall without referendum approval, if the building or purchasing of the township hall is paid or provided for with funds that are not the proceeds of bonds authorized under this Article. (Source: P.A. 96-1397, eff. 7-29-10.)
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(60 ILCS 1/145-10)
Sec. 145-10.
Issuance of bonds; terms.
(a) If a majority of the votes cast on the question under Section 145-5 are
in favor of the question, the township may issue bonds in denominations of not
less than $100 nor more than $1,000 each, payable respectively in not less than
one nor more than 20 years, with interest payable annually of not more than 6%
per annum. The amount of the bonds issued shall not exceed 2.3% of the value of
taxable property of the township as ascertained by the assessment for the State
and county tax for the preceding year or, until January 1, 1983, if greater,
the sum that is produced by multiplying the township's 1978 equalized assessed
valuation by the debt limitation percentage in effect on January 1, 1979, nor
shall the amount of the bonds exceed, including the then existing indebtedness
of the township, 5.75% of the value of the taxable property of the township as
ascertained by the assessment for the State and county tax for the preceding
year.
(b) If a majority of the legal voters voting on the proposition are in favor
of the proposition, the supervisor and township clerk shall issue a sufficient
amount, in the aggregate, of the bonds of the township for the purpose of
building or purchasing, as the case may be, a township hall, not to exceed the
amount voted upon under Section 145-5. The bonds shall not be sold or disposed
of for less than their par value.
(Source: Laws 1907, p. 572; P.A. 81-1550; 88-62.)
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(60 ILCS 1/145-15)
Sec. 145-15.
City tax.
The city council of the city whose territory is
coextensive with the township shall provide for the collection of a direct
annual tax sufficient to pay the interest on the debt as it falls due and also
to pay and discharge the principal within 20 years from the time of contracting
the debt. The amount of the tax shall be certified to the county clerk by the
township clerk annually at the time required by law, shall be extended by the
county clerk against the taxable property of the township as other taxes, and
shall be collected at the same time and in the same manner as other taxes are
collected. The tax, when collected, shall be held by the township collector as
a fund out of which shall be paid the bonds and the interest on the bonds
according to the tenor and effect of the bonds, upon the order of the
supervisor and township clerk.
(Source: Laws 1907, p. 572; P.A. 88-62.)
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(60 ILCS 1/145-20)
Sec. 145-20.
"Building" or "purchasing" a township hall, as used in this
Article, means the purchasing of real estate upon which to build the township
hall or upon which the township hall is situated, as well as to build
or
purchase the township hall.
(Source: P.A. 90-655, eff. 7-30-98.)
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(60 ILCS 1/Art. 150 heading) ARTICLE 150.
TOWNSHIP COMMUNITY
BUILDINGS
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(60 ILCS 1/150-5)
Sec. 150-5.
Bonds for community buildings.
Subject to the provisions of this
Article, any township having a population of not more than 25,000 may issue
bonds for the purpose of purchasing, erecting, equipping, remodeling, or
renovating community buildings.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff. 12-2-94.)
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(60 ILCS 1/150-10)
Sec. 150-10. Resolution for bond issuance; referendum. Beginning August 16,
1993, the board of managers elected under Section 150-15 in a township having a
population of not more than 25,000 (according to the last preceding federal
census) shall initiate proceedings for the issuance of bonds under this Article
by adopting a resolution proposing the issuance of bonds and describing briefly
the authority under which the bonds are to be issued, the nature of the project
to be financed, the estimated total cost of the project, and the maximum amount
of bonds authorized to be issued. The resolution shall direct that the
proposition to issue the bonds be submitted to the electors of the township.
The township clerk shall certify the proposition to the proper election
officials, who shall submit the proposition at an election in accordance with
the general election law.
The proposition shall be in substantially the following form:
Shall bonds for community building purposes be issued | ||
| ||
The votes shall be recorded as "Yes" or "No".
If a majority of the votes cast on the proposition are in the affirmative,
the bonds may be issued.
The provisions of Public Act 88-360 incorporated into this Section by this
amendatory Act of 1994 do not affect the obligations of a township or the
rights of bondholders with respect to bonds issued under this Article or its
predecessor Act before August 16, 1993.
Notwithstanding any provision of this Section to the contrary, any township may, by ordinance or resolution, purchase, erect, equip, remodel, or renovate a community building without referendum approval, if the purchasing, erecting, equipping, remodeling, or renovating of the community building is paid or provided for with funds that are not the proceeds of bonds authorized under this Article. (Source: P.A. 96-1397, eff. 7-29-10.)
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(60 ILCS 1/150-15)
Sec. 150-15.
Board of managers; election; organization; salary.
(a) The community building or buildings, if authorized at an election, shall
be under the care and supervision of a board of managers. The board of
managers shall consist of 3 persons who are registered to vote from a
residence in the township. Each member of the board of managers may
be paid a salary not to exceed $25 per day or $500 per year, as determined
by the township board, for attendance at township meetings and business travel
pertaining to official duties.
(b) The first board of managers shall be elected at the regular election at
which the referendum for the first issue of bonds for the establishment of a
community building or buildings is authorized by the voters. Three managers
shall be elected at the time of the regular township election provided in the
general election law and until their successors are elected and qualified.
(c) Candidates for the board of managers shall be nominated by a petition
signed by 10 registered voters of the township and filed with the township
clerk within the time prescribed by the general election law. The township
clerk shall certify the names of the candidates to the proper election
authorities. The election shall be conducted in the manner prescribed by the
general election law. The 3 candidates receiving the highest number of votes,
respectively, shall be declared elected and shall assume the duties of their
office on the first Monday of the month following their election.
(d) Within 10 days after assuming office, the board of managers shall meet
and organize. One member shall be elected chairman and one member shall be
elected clerk of the board. A majority of the board shall constitute a quorum
for the transaction of business. If a vacancy occurs on the board, the vacancy
shall be filled by the remaining managers within 60 days by the appointment of
a person who is qualified to be a manager. The person appointed shall serve the
remainder of the unexpired term.
(Source: P.A. 86-283; 88-62.)
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(60 ILCS 1/150-20)
Sec. 150-20.
Issuance of bonds.
(a) If a majority of the legal voters voting on the question at an election
held under this Article, vote in favor of issuing bonds for community building
purposes, the board of managers may thereafter issue bonds in an amount not to
exceed that approved by the voters at the election. The bonds shall be signed
and executed in the name of the township by the members of the board of
managers or a majority of those members, shall mature not later than 20 years
from the date of issuance, and shall bear interest at a rate not to exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually or semi-annually as the
board of managers determines. The bonds shall be sold at not less than par.
(b) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 88-62.)
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(60 ILCS 1/150-25)
Sec. 150-25.
Tax.
The board of managers shall, in the resolution authorizing
the bonds, provide for the collection of a direct annual tax sufficient to pay
the interest and principal of the bonds as each falls due. A certified copy of
the resolution authorizing the bonds and levying the tax shall be filed in the
office of the county clerk of the county in which the township is located. The
county clerk shall extend annually against the property in the township a tax
sufficient to raise in each year the amount provided in the resolution for the
payment of principal and interest in that year. In any event and despite any
error or insufficiency of amount that may occur in the resolution, the county
clerk shall extend annually against the property in the township a tax
sufficient to pay the interest on the bonds in each year and to discharge the
principal of the bonds within the period for which the bonds have been issued.
(Source: P.A. 86-4; 88-62.)
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(60 ILCS 1/150-30)
Sec. 150-30.
Use of bond sale proceeds.
The proceeds
of the sale of bonds shall be expended by the board of managers for the purpose
of purchasing, erecting, or equipping a community building or buildings or
acquiring a site for a community building or buildings. The board of managers
may exercise any other powers necessarily incidental in order to carry out the
provisions of this Article. The supervisor of the township shall be treasurer
of the funds provided for in this Article and shall pay out those funds only on
the written order of a majority of the
board of managers.
(Source: Laws 1929, p. 771; P.A. 88-62.)
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(60 ILCS 1/150-35)
Sec. 150-35.
Acquisition of property or funds.
A township may acquire, by
dedication or gift, property or funds for community buildings. If community
buildings or funds are acquired by dedication or gift, a board of managers
shall be elected at the next succeeding township election in the manner
provided in Section 150-15 and in accordance with the general election law.
(Source: P.A. 81-1490; 88-62.)
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(60 ILCS 1/150-40)
Sec. 150-40.
Maintenance tax; referendum.
(a) Any township that acquires community buildings by dedication, gift,
purchase, or erection may levy annually a maintenance tax of not more than
0.05% of the value of all taxable property in the township, as equalized or
assessed by the Department of Revenue.
(b) The board of managers shall ascertain as soon as practicable,
annually, how much money must be raised for maintenance purposes for the
next ensuing year and shall, on or before the first Tuesday in
September, file a written request with the county clerk to extend a tax
sufficient to produce that sum. The county clerk shall annually,
upon a written request signed by a majority of the board of managers,
extend against the taxable property in the township a maintenance tax of
not more than 0.05% of the value of all taxable property in the township as
equalized or assessed by the Department of Revenue.
(c) If the board of managers desire to levy a maintenance tax at a rate in
excess of 0.05% but not in excess of 0.10% of the value of all taxable property
within the township as equalized or assessed by the Department of Revenue, they
shall order a referendum on that proposition at the next annual township
meeting or at an election in accordance with the general election law. If the
referendum is ordered to be held at the township meeting, the township clerk
shall give notice that at the next annual township meeting the proposition
shall be voted upon. The notice shall set forth the proposition and shall be
given by publication in a newspaper of general circulation in the township and
by posting notices in at least 10 of the most public places in the township at
least 10 days before the annual meeting. If the referendum is ordered to be
held at an election, the board of managers shall certify that proposition to
the proper election officials, who shall submit the proposition in accordance
with the general election law.
(d) The vote at the referendum shall be by a separate ballot, and the
proposition shall be in substantially the following form:
Shall the maximum allowable tax rate for community | ||
| ||
The votes shall be recorded as "Yes" or "No".
(e) If a majority of all votes cast is in favor of the
proposition, the board of managers may annually levy a tax of not more than
0.10% of the value of all taxable property of the township as equalized or
assessed by the Department of Revenue for community building maintenance
purposes.
(Source: P.A. 81-1489; 88-62.)
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(60 ILCS 1/150-45)
Sec. 150-45.
Supervisor's bond.
The supervisor of the township, before
receiving any funds under this Article, shall execute (i) a good and sufficient
bond with 2 or more sureties approved by the board of managers and filed with
the board for the benefit of the township in double the amount that will
probably come into the supervisor's hands by authority of this Article if
individuals act as sureties or (ii) a good and sufficient bond with a surety
company authorized to do business in this State as surety approved by and filed
with the board for the benefit of the township in the amount that will probably
come into the supervisor's hands by authority of this Article.
(Source: Laws 1941, vol. 1, p. 1296; P.A. 88-62.)
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(60 ILCS 1/150-50)
Sec. 150-50.
Certain townships under 5,000 population.
(a) Any township (i) in which a majority of those voting on the question
voted in favor of levying a tax for the establishment, erection, and
maintenance of a community building under the provisions of "An Act to
authorize towns having a population of fewer than 5,000 inhabitants to
purchase, acquire, establish, erect and maintain community buildings," approved
June 30, 1919, as amended (repealed), (ii) in which the tax has been levied,
and (iii) in which a board of managers has been elected and property acquired
for a community building and in which the tax has not been discontinued in the
manner provided in that repealed Act, may continue to levy and collect a tax of
not more than 0.05% of value, as equalized or assessed by the Department of
Revenue, for the establishment, erection, and maintenance of a community
building and to elect a board of managers in the manner provided in this
Article, notwithstanding the fact that the township now has a population of
more than 5,000. All the provisions of this Article, including those for the
issuance of bonds, the expenditure of the proceeds, and the use and management
of community buildings, are applicable to the township, and the board of
managers elected in the township has all the powers and duties of boards of
managers under this Article. The proceeds of any tax levied and collected in
the township for the establishment, erection, and maintenance of a community
building shall be held and used by the board of managers of the township for
that purpose.
(b) The limitations upon tax rates in this Section are subject to the
General Revenue Law of Illinois.
(Source: P.A. 81-1509; 88-62.)
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(60 ILCS 1/150-55)
Sec. 150-55.
Dedication to soldiers and sailors.
The community buildings of
a township may be dedicated to the soldiers and sailors of the township, and
bronze tablets or other memorials in honor of those soldiers and sailors may be
placed in the buildings by the board of managers.
(Source: Laws 1929, p. 771; P.A. 88-62.)
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(60 ILCS 1/150-60)
Sec. 150-60.
Use of buildings; private lessees.
Subject to the reasonable
rules and regulations of the board of managers, the community buildings shall
be for the free use and benefit of the inhabitants of the township for
lectures, concerts, free amusements and entertainments, and all other general
educational purposes. The annual township meetings and other public assemblies
may be held in the buildings. The board of managers may temporarily lease the
community building when not in use for public purposes, for any reasonable and
legitimate private use on terms deemed reasonable and proper. Private lessees
of a community building may charge admission fees. All money received from
temporary rentals shall be turned over to the treasurer and shall be used only
for community building purposes.
(Source: Laws 1929, p. 771; P.A. 88-62.)
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(60 ILCS 1/150-65)
Sec. 150-65.
Annual report.
The board of managers shall make a full and
complete annual report of all its actions to the township board.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/150-70)
Sec. 150-70.
Abandoning community building project; petition; referendum;
transfer of moneys.
(a) Upon the petition of not fewer than 50 owners or life tenants of real
estate of any township that has adopted the provisions of this Article and
provided a fund for community building purposes, the question of abandoning the
project to purchase, erect, equip, remodel, or
renovate a community building and of devoting the fund to some other purpose,
shall be submitted to the legal voters of the township at an election. The
board shall certify the question to the proper election officials, who shall
submit the proposition at an election in accordance with the general election
law. The fund may be transferred to any other township fund or to the various
common school districts located in the township ratably in the proportion that
the portion of the taxable value of the property of the school districts
located in the township bears to the taxable value of all the property in the
township. The vote at the referendum shall be by a separate ballot, and the
proposition shall be in substantially the following form:
Shall the community building project be abandoned and | ||
| ||
The votes shall be recorded as "Yes" or "No".
(b) If a majority of the votes cast upon the proposition at the referendum
are in favor of the proposition, the board of managers shall immediately settle
all outstanding obligations against the community building and pay over any
moneys remaining in their custody to the proper authorities in accordance with
the petition and election. No new board of managers shall be elected nor shall
any maintenance tax be levied and collected in the township.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff. 12-2-94.)
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(60 ILCS 1/150-75)
Sec. 150-75.
Sale of community building, generally; petition and
referendum; notice of sale.
(a) Not fewer than 50 electors of any township that has adopted the
provisions of this Article may file with the clerk of the board of managers a
petition signed by them requesting that a community building or site with a
community building on it be sold at public auction. The petition shall state
the township fund to which the proceeds of the sale shall be transferred. Upon
the filing of a petition, the board of managers shall certify that proposition
to the proper election officials, who shall submit the proposition at an
election in accordance with the general election law to decide whether the
community building or site with the community building on it shall be sold.
(b) The proposition at the referendum shall be substantially as follows:
Shall the Board of Managers of (name of township) | ||
| ||
(Description of property.)
The votes shall be recorded as "Yes" or "No".
(c) If a majority of all the votes cast on the proposition is in favor of
the sale, the board of managers shall within 60 days sell the property
at public sale after first giving notice of the time, place, and terms
of the sale by publication once each week for 3 consecutive weeks before the
date of the sale in a newspaper published in the township or, if no newspaper
is published in the township, then in a newspaper published in the county and
having a general circulation in the township. The notices may be in the
following form:
NOTICE OF SALE
Notice is hereby given that on (date), the Board of Managers of the (name of
township), (name of county), Illinois, will sell at public sale on the premises
described in this notice, at (time), the following described property: (here
describe the property).
The sale will be made on the following terms: (here insert terms of sale).
Board of Managers of (name of township),
(name of county), Illinois
(d) Following the sale of the property, the board of managers shall
immediately settle all outstanding obligations against the community
building and pay over any moneys pertaining to the building remaining in
their hands to the proper authorities in accordance with the petition
and election.
(e) If the building disposed of was the only community building under their
care and supervision, no new member of the board of managers shall be elected
nor shall any community building maintenance tax be levied and collected in the
township.
(Source: P.A. 81-1489; 88-62.)
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(60 ILCS 1/150-80)
Sec. 150-80.
Sale of community building to school district or municipality.
(a) Not fewer than 50 electors of a township that has adopted the provisions
of this Article may present to the clerk of the board of managers a petition
requesting the sale of a community building or site with a community building
on it to a school district or municipality. The petition shall set forth the
school district or municipality to which the proposed sale shall be made, the
sale price, and the township fund to which the proceeds of the sale shall be
transferred. The board of managers shall, if the sale price of the property
stated in the petition is equal to or greater than the fair market value
of the property as determined by the most recent township assessment,
certify that proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general election law to
decide whether the property shall be sold. If the stated price of the building
or site is less than the fair market value of the property as determined by the
most recent township assessment, the board of managers shall approve the
submission of the proposition to the proper election officials before the
electors of the township may vote on the sale of the property.
(b) The proposition at the referendum shall be substantially as follows:
Shall the Board of Managers of (name of township) | ||
| ||
(Description of property.)
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting on the proposition is in favor
of the sale, the board of managers, upon receipt of the purchase price,
shall convey the property to the school district or municipality.
(d) Upon the completion of the sale, the board of managers shall immediately
settle all outstanding obligations against the community building and pay over
any moneys pertaining to the building remaining in their hands to the proper
authorities in accordance with the proposition and election.
(e) If the building so disposed of was the only community building under
their care and management, no new member of the board of managers shall be
elected nor shall any community building maintenance tax be levied and
collected in the township.
(Source: P.A. 84-1308; 88-62.)
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(60 ILCS 1/150-85)
Sec. 150-85.
Deed.
When any conveyance of real estate is made by the board
of managers under Section 150-75 or 150-80, the deed shall recite the date and
result of the election authorizing the sale and shall be signed by the
president of the board of managers in his or her official capacity and attested
by the clerk of the board of managers.
(Source: Laws 1955, p. 650; P.A. 88-62.)
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(60 ILCS 1/Art. 153 heading) ARTICLE 153.
TOWNSHIP LIBRARY
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(60 ILCS 1/153-5)
Sec. 153-5.
Establishment and maintenance of library.
A township
may establish and maintain a public library as provided in the Illinois
Local Library Act.
(Source: P.A. 88-62.)
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(60 ILCS 1/153-50)
Sec. 153-50.
Township committee on literacy.
(a) The township board of trustees may appoint a township committee on
literacy of at least 5 members, and shall initially establish the length of the
members' terms for one, 2, and 3 years, staggering the terms so that after the
initial appointments, the term of each member shall be for 3 years, and that
the smallest possible portion of the terms on the committee will expire in any
single calendar year.
(b) The township committee on literacy may provide programs to combat
and prevent illiteracy and alliteracy and meet the basic skill needs of local
residents.
(c) The township committee on literacy shall cooperate with existing
alliteracy and literacy programs, libraries, other governmental entities, and
with any other organization, association, agency, or person in the fostering,
development, and provision of local programs designed to combat and prevent
illiteracy and alliteracy and to meet the basic skill needs of local residents.
(d) The township committee on literacy, with the approval of the
township board of trustees, may contract with other governmental entities
and with any other organization, association, agency, or person in order to
provide programs to combat and prevent illiteracy and alliteracy and to meet
the basic skill needs of local residents.
(e) Members of the township committee on literacy shall select one of
its members to serve as chairperson and may elect any other officers as
necessary.
(Source: Incorporates P.A. 88-356; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 155 heading) ARTICLE 155.
TOWNSHIP PUBLIC
COMFORT STATIONS
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(60 ILCS 1/155-5)
Sec. 155-5.
Public comfort stations.
Subject to Section 155-25, a township
board may provide for the establishment, equipment, and maintenance of public
comfort stations.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/155-10)
Sec. 155-10.
Definition.
A public comfort station, within the meaning of
this Article, is an institution where waiting rooms, rest rooms, toilet rooms
for men and women, lavatories, check rooms, drinking water, and similar
facilities are freely available for the convenience of the public. In addition,
it may contain living quarters for attendants.
(Source: Laws 1941, vol. 2, p. 488; P.A. 88-62.)
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(60 ILCS 1/155-15)
Sec. 155-15.
Acquisition of buildings and equipment.
In establishing,
equipping, and maintaining public comfort stations, the township may construct,
purchase, lease, or accept donations of ground sites, buildings, rooms, and the
necessary equipment, and may employ necessary attendants.
(Source: Laws 1941, vol. 2, p. 488; P.A. 88-62.)
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(60 ILCS 1/155-20)
Sec. 155-20.
Tax.
A tax of not more than 0.03% or the rate limit in effect
on July 1, 1967, whichever is greater, of the value, as equalized or assessed
by the Department of Revenue, of all taxable property within each township that
has established a public comfort station shall be assessed, levied, and
collected by the township in the manner provided for the assessment, levy, and
collection of other taxes for corporate purposes. The proceeds of this tax
shall be kept in a separate fund and shall be used for the establishment,
equipment, and maintenance of public comfort stations and for no other purpose.
The foregoing limitations upon tax rates may, however, be increased under
the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509; 88-62.)
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(60 ILCS 1/155-25)
Sec. 155-25.
Referendum.
None of the powers conferred by this Article shall
be exercised unless the question of establishing public comfort stations has
been submitted to the electors of the township and approved by a majority of
the voters voting upon the proposition.
(Source: Laws 1941, vol. 2, p. 488; P.A. 88-62.)
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(60 ILCS 1/Art. 160 heading) ARTICLE 160.
TOWNSHIP
MONUMENTS
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(60 ILCS 1/160-5)
Sec. 160-5. Township monuments; petition and referendum.
(a) Upon the petition of 100 or more legal voters of a township being filed
with the township clerk praying that the proposition of erecting or completing
a monument or memorial in honor of its soldiers and sailors or other notable
persons buried in the township be submitted to the voters of the township at an
election, the township clerk shall certify the proposition to the proper
election officials, who shall submit the proposition to the voters of the
township at an election in accordance with the general election law.
(b) The form of the proposition shall be substantially as follows:
Shall a monument or memorial be erected in honor of | ||
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The votes shall be recorded as "Yes" or "No".
(c) If a majority of all the votes cast upon the proposition are in favor of
it, the township supervisor, township clerk, and township treasurer, within one
year after the election, shall purchase or procure a site and erect the
monument or memorial.
(d) Provisions for the payment and maintenance for the monument or memorial shall be made by
the proper taxing and financial officers in the same manner as for other
township expenditures.
(Source: P.A. 98-312, eff. 8-12-13.)
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(60 ILCS 1/Art. 170 heading) ARTICLE 170.
TOWNSHIP
HOSPITALS
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(60 ILCS 1/170-5)
Sec. 170-5.
Public hospital.
Any township having a population of less than
500,000 may establish, acquire by purchase or otherwise, construct, improve,
extend, repair, equip, maintain, and operate a public hospital under this
Article. If a township utilizes its authority to levy a tax under this Article
to establish, acquire by purchase or otherwise, construct, improve, extend,
repair, equip, maintain, and operate a public hospital, the township is
prohibited from carrying out these acts for the support of a public hospital
located outside of the township unless authorized by referendum.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-10)
Sec. 170-10.
Petition and referendum.
(a) On the petition of not less than 5% of the registered voters (according
to the voting registration records at the time the petition is filed) of any
township having a population of less than 500,000 (according to the last
preceding federal census) directed to the township clerk, requesting the clerk
to order an election for the purpose of submitting to the voters of the
township the question of whether the township shall establish, acquire,
purchase, construct, improve, extend, equip, maintain, and operate a public
hospital, with power to issue bonds and levy a tax for those purposes under
this Article, the township clerk shall certify the question to the proper
election officials, who shall submit the question at an election in accordance
with the general election law.
(b) The vote shall be by ballot, and the proposition shall be in
substantially the following form:
Shall (name of township) establish, acquire by | ||
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The votes shall be recorded as "Yes" or "No".
(c) The election shall be held and conducted in accordance with the general
election law. If a majority of the voters voting on the question vote in favor
of the question, the township may establish, acquire by purchase or otherwise,
construct, improve, extend, repair, equip, maintain, and operate a
public hospital as provided in this Article.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-15)
Sec. 170-15. Board of directors; appointment; conflict of interest;
vacancy.
(a) The township clerk shall file a petition with the county clerk of the
county in which the township is located, reciting that the township clerk
certified the proposition to the proper election officials, who submitted the
proposition at an election in and for the township in response to a petition
signed by 25 voters for the purpose of submitting the proposition of
establishing a public hospital as provided in this Article, and that the
election carried by a majority of the voters voting at the election on the
question. The township clerk's petition also shall request the township
board to appoint a board of directors for the management and operation of the
hospital.
(b) The township board shall appoint 5 persons to serve without
compensation. The first directors appointed shall hold office respectively for
one, 2, 3, 4, and 5 years from the first Monday in the month following their
appointment and until their successors are appointed and qualified. On or after
the first Monday in May of each succeeding year, the township board shall
appoint one director whose term shall be for 5 years, commencing the first
Monday in May of the year he or she is appointed. Each appointment of a
successor director shall be made in the same manner and under the same
conditions as the appointment of his or her predecessor. The
length of the term of the first directors appointed shall be determined
by lot at their first meeting, which shall be held not less than 30 days
after their appointment. A majority of the board of directors shall
constitute a quorum, but a smaller number may adjourn from day to day.
The township board may, by resolution, increase the membership of the
board to 7 directors. The resolution shall not affect the terms of the
incumbent directors. Before the first Monday in May following the adoption of
the resolution, the township board shall appoint 3 directors, one to succeed
the incumbent whose term expires and the 2 additional directors provided for in
the resolution, for terms of 3, 4, and 5 years from the first Monday in May of
the year of the appointment. Thereafter, upon the expiration of the term of
any director, his or her successor shall be appointed for a term of 5 years and
until a successor is appointed and qualified for a like term.
If the township board has, by previous resolution, increased the
membership of the board to 7 directors, the township board may by new
resolution increase the membership of the board by 2 new members in any one
year up to a maximum of 11 directors. The new resolution shall not affect
the terms of the incumbent directors. Before the first Monday in May following
the adoption of the new resolution, the township board shall appoint a
sufficient number of directors so that there will be (i) a successor for the
full term of each incumbent whose term expires and (ii) the 2 additional
directors provided for in the new resolution for terms of 4 and 5 years from
the first Monday in May of the year of appointment. Thereafter, upon the
expiration of the term of any director, his or her successor shall be appointed
for a term of 5 years and until a successor is appointed and qualified for a
like term.
(c) No director or employee of the township shall be directly or indirectly
interested (i) in any contract, work, or business of the township, (ii) in the
sale of any article whose expense, price, or consideration is paid by the
township, or (iii) in the purchase of any real estate or property for or
belonging to the township.
(d) Whenever a vacancy in the board of directors occurs from a director's
death, resignation, or refusal to qualify, or for any other reason including without limitation the conviction in any court of the State of Illinois or of the United States of a director for an infamous crime, the
township board may fill the vacancy by appointment. The person appointed or
qualified for office under this Section shall assume the duties of that person
for whose unexpired term he or she was appointed.
For purposes of this subsection (d), a conviction for an offense that disqualifies a director from membership on the board occurs on the date of (i) the entry of a plea of guilty in court, (ii) the return of a guilty verdict, or (iii) in the case of a trial by the court, the entry of a finding of guilt.(Source: P.A. 97-295, eff. 1-1-12.)
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(60 ILCS 1/170-20)
Sec. 170-20.
Board powers; annual financial statement; forfeiture.
(a) The board of directors constitute the governing body of the public
hospital; they are the corporate authorities of the township for that purpose
and constitute a body corporate and politic separate and distinct from other
officers of the township. The board of directors shall exercise all the powers
and manage and control all of the affairs and property of the public hospital,
may sue and be sued in their corporate name, and may adopt a corporate seal and
change it at pleasure. The board of directors may approve the provision of any
service and approve any contract or other arrangement not prohibited to a
hospital licensed under the Hospital Licensing Act, incorporated under the
General Not-For-Profit Corporation Act, and exempt from taxation under
paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.
(b) The board of directors shall, within 30 days after their appointment and
at the first meeting in May of each year thereafter, elect one of their number
chairman and one of their number vice chairman. The board shall elect a
secretary and a treasurer, neither of whom shall be members of the board of
directors. The secretary and treasurer shall perform duties and receive
salaries prescribed by the board of directors, and each of those officers shall
furnish bonds in a sum fixed by the board of directors for the use and benefit
of the public hospital.
(c) The board of directors may employ and appoint a person or persons they
deem necessary and expedient for the operation of the public hospital and its
affairs and prescribe their salaries and duties.
(d) The board of directors shall, within 30 days after the close of each
fiscal year, prepare and file with the township clerk a full statement of the
financial affairs of the hospital showing (i) the balance (if any)
received by the board from any source; (ii) the amount of tax levied the
preceding year for the hospital; (iii) the amount collected and paid over
to the board; (iv) the amount paid out by the board and on what account,
including any amount paid out on indebtedness (specifying the nature and amount
of the indebtedness, the amount paid on the indebtedness, the amount paid on
principal, and the amount paid on interest account); and (v) the amount and
kind of all outstanding indebtedness due and unpaid, the amount and kind of
indebtedness not yet due, and when the indebtedness not yet due will mature.
The township clerk shall record the statement in the record book of the
township as soon as it is filed. The township clerk, within 30 days after
receiving the statement, shall also cause the statement to be published in a
newspaper of general circulation published within the township in which the
hospital is situated. If no newspaper of general circulation is published in
the township, the report shall be published in any newspaper generally
circulated in the township.
(e) Any board of directors or township clerk who wilfully neglects to comply
with this Section shall forfeit and pay to the township the sum of not less
than $50 nor more than $200, to be sued for and recovered by the township and
appropriated for repairs of highways and bridges in the township.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-25)
Sec. 170-25.
Transfer of hospital; public hearing; recognition of
labor organization.
(a) The board of directors by resolution may enter into contracts for the
transfer, sale, or lease of the public hospital and its facilities to a
responsible corporation, hospital, health care facility, unit of local
government, or institution of higher education, provided the transfer, sale, or
lease does not adversely affect access to the hospital by inhabitants of the
township. At least 10 days before the adoption of a resolution under this
Section, the board of directors shall make the proposed resolution conveniently
available for public inspection and shall hold at least one public hearing on
the proposed resolution. Notice of the hearing shall be published in one or
more newspapers having general circulation in the township at least 10 days
before the time of the public hearing. The notice shall state the time and
place of the hearing and the place where copies of the proposed resolution will
be accessible for examination.
(b) If, before the sale or lease of the hospital under this Section, a labor
organization has been recognized by the hospital as the exclusive
representative of the majority of employees in a bargaining unit for purposes
of collective bargaining, and if a purchaser or lessor subject to the National
Labor Relations Act retains or hires a majority of the employees in the
bargaining unit, the purchaser or lessor shall recognize the labor organization
as the exclusive representative of the majority of employees in that bargaining
unit for purposes of collective bargaining, provided the labor organization
makes a timely written assertion of its representational capacity to the
purchaser or lessor.
(Source: P.A. 84-738; 88-62.)
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(60 ILCS 1/170-30)
Sec. 170-30.
Tax; annual appropriation ordinance.
(a) The board of directors may levy a tax on all the taxable property within
the township for the purpose of maintaining and operating the public hospital
and for the purpose of repairing, improving, extending, and equipping the
public hospital. The aggregate amount of the tax for any one year, exclusive of
the amount necessary to be levied for the purpose of paying any bonded
indebtedness as authorized in this Article, shall not exceed the rate of3 mills
on each dollar of assessed value of taxable property in the township as
assessed and equalized for State and county taxes.
(b) The board of directors shall establish by resolution the beginning and
ending of its fiscal year and annually within the first quarter of the fiscal
year shall adopt an appropriation ordinance appropriating the sums of money
deemed necessary to pay the cost of operating and maintaining the public
hospital and other expenses for the hospital, specifying the objects and
purposes for which the appropriations are made.
(c) After adopting the appropriation ordinance, and on or before the second
Tuesday in September of each year, the board of directors shall ascertain the
total amount of appropriations legally made that are to be provided from the
tax levy for that year. Then, by an ordinance specifying the purposes for which
the appropriations are made, the board of directors shall levy not more than
the total amount ascertained upon all the property subject to taxation within
the township as the property is assessed and equalized for State and county
purposes. The Illinois Municipal Budget Law does not apply to the making of
appropriations by the board of directors.
(Source: Laws 1945, p. 1735; P.A. 88-62.)
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(60 ILCS 1/170-35)
Sec. 170-35.
Bonds; referendum.
(a) The board of directors may borrow money and issue bonds for the purpose
of acquiring by purchase, constructing, improving, extending, repairing, or
equipping any public hospital in and for the township in any amount not to
exceed 5.75% on the valuation of taxable property in the township to be
ascertained by the last assessment for State and county taxes before the
indebtedness is incurred or, until January 1, 1983, if greater, the sum that is
produced by multiplying the township's 1978 equalized assessed valuation by the
debt limitation percentage in effect on January 1, 1979.
(b) Whenever the board of directors desires to issue bonds under this
Article, they shall adopt a resolution for that purpose, authorizing the
issuance of the bonds, prescribing all the details of the bonds, and stating
the time or times when the principal of and the interest on the bonds shall
become payable and the place of payment of the principal and interest. The
bonds shall be payable within not less than 3 nor more than 20 years from the
date of issuance and shall be issued to bear interest at not to exceed the
greater of (i) the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, or (ii) the rate of 9% per
annum. The resolution shall provide for the levy and collection of a direct
annual tax upon all the taxable property within the corporate limits of the
township sufficient to meet the principal of and interest on the bonds as it
matures. The tax shall be in addition to and in excess of any
other tax authorized to be levied by the township.
(c) A certified copy of the resolution providing for the issuance of the
bonds shall be filed with the county clerk of the county in which the township
is located and shall constitute the basis and authority of the county clerk for
the extension and collection of the tax necessary to pay the principal of and
interest upon the bonds issued under the resolution.
(d) No resolution providing for the issuance of bonds under this Article
shall be effective until it has been certified to the proper election
officials, who shall then submit the resolution to a referendum of the electors
of the township in accordance with the general election law. The election
shall be conducted and notice given in accordance with the general election
law. If a majority of those voting upon the proposition at the election vote in
favor of issuing the bonds, the resolution shall immediately become effective.
(e) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 88-62.)
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(60 ILCS 1/170-40)
Sec. 170-40.
Rules and regulations for operation of hospital.
(a) Every public hospital established under this Article shall be maintained
for the benefit of the inhabitants of the township by which it is established
who are sick, injured, or maimed, but every inhabitant of the township who is
not a pauper shall pay to the board of directors or to a designated employee of
the board reasonable compensation for occupancy, nursing, care, medicine, or
attendance, according to the rules and regulations prescribed by the board. The
public hospital shall always be subject to reasonable rules and regulations
adopted by the board of directors to render the use of the hospital of the
greatest benefit to the greatest number. The board of directors may exclude
from the use of the hospital all inhabitants and persons who wilfully violate
any of the reasonable rules and regulations established by the board. The board
of directors may extend the privileges and use of the public hospital to
persons residing outside of the township upon terms and conditions prescribed
by the board of directors in its rules and regulations.
(b) When a public hospital is established and in operation, the physicians,
nurses, attendants, patients, and all persons approaching or coming within the
limits of the public hospital, and all furniture and other articles used or
brought there, shall be subject to rules and regulations prescribed by the
board of directors.
(Source: Laws 1945, p. 1735; P.A. 86-739; 88-62.)
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(60 ILCS 1/170-45)
Sec. 170-45.
Donated property.
Any person desiring to donate property for
the benefit of a public hospital may vest title to the property donated in the
board of directors. The board of directors shall hold and control the property
according to the terms of the deed, gift, or legacy and shall be a trustee of
the property. The board of directors shall take title to all property it may
acquire in the name of the township and shall control that property for the
purposes provided in this Article.
(Source: P.A. 83-388; 88-62.)
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(60 ILCS 1/170-50)
Sec. 170-50.
Revenue bonds.
(a) The board of directors may issue and sell revenue bonds payable from the
revenue derived from the operation of the hospital for the purpose of (i)
constructing, reconstructing, repairing, remodeling, extending, equipping,
improving, and acquiring a site or sites for a hospital building or buildings
or (ii) refunding any revenue bonds previously issued from time to time
in relation to the operation of the hospital when deemed necessary or
advantageous in the public interest. These bonds shall be authorized by a
resolution without submission of the resolution to the electors of the
township, shall mature at a time not to exceed 40 years from the date of issue
and bear a rate of interest not to exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the making
of the contract, or (ii) 9% per annum, payable annually or semi-annually as the
board of directors may determine, and may be sold by the board of directors in
the manner they deem best in the public interest. The bonds shall, however, be
sold at a price so that the interest cost of the proceeds from the sale will
not exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 9% per annum based on the average maturity of the bonds and computed
according to standard tables of bond values.
(b) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 88-62.)
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(60 ILCS 1/170-55)
Sec. 170-55.
Resolution describing building and site.
(a) The board of directors of any hospital availing itself of the provisions
of Section 170-50 shall adopt a resolution describing in a general way the
building or buildings (or addition or extension to the building or buildings)
to be constructed, reconstructed, repaired, remodeled, extended, equipped, or
improved and the site or sites to be acquired. The resolution shall set out
the estimated cost of the construction, reconstruction, repair, remodeling,
extension, equipment, improvement, or acquisition and fix the amount of revenue
bonds proposed to be issued and the maturity, interest rate, and all details
concerning the bonds. The resolution may contain provisions and covenants that
shall be part of the contract between the board of directors and the holders of
the bonds deemed necessary and advisable as to the operation, maintenance, and
management of the hospital, including (i) the establishment and maintenance of
sinking funds, reserve funds, and other special funds, including construction
funds; (ii) the fixing and collecting of rents, fees, and charges for the use
of the facilities of the hospital sufficient to produce revenue adequate to
maintain the funds and to pay the bonds at maturity and accruing interest on
the bonds; (iii) the issuance thereafter of additional bonds payable from the
revenues derived from the hospital; (iv) the kind and amount of insurance,
including use and occupancy insurance, to be carried, the cost of which shall
be payable only from the revenues derived from the hospital; and (v) other
covenants deemed necessary or desirable to assure the successful operation and
maintenance of the hospital and the prompt payment of the principal and
interest upon the bonds authorized.
(b) Revenue bonds issued under this Article shall be signed by the chairman
of the board of directors and the secretary of the board of directors and shall
be payable from revenue derived from the operation of the hospital. These
bonds shall not in any event constitute an indebtedness of the hospital or the
township within the meaning of any constitutional or statutory provision or
limitation. It shall be plainly written or printed on the face of each bond (i)
that the bond has been issued under the provisions of this Article, (ii) that
the bond, including the interest on the bond, is payable from the revenue
pledged to the payment of the principal of and interest on the bond, and (iii)
that it does not constitute an indebtedness or obligation of the hospital or
township within the meaning of any constitutional or statutory provision or
limitation. No holder of any revenue bond issued under this Article has the
right to compel any exercise of the taxing power of the hospital or township to
pay the bond or interest on the bond.
(Source: P.A. 82-230; 88-62.)
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(60 ILCS 1/170-60)
Sec. 170-60.
Redemption of bonds.
Revenue bonds issued under Section 170-50
may be redeemed by the hospital issuing them on terms, at a time, upon notice
and with or without a premium as provided in the resolution authorizing them.
(Source: P.A. 82-230; 88-62.)
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(60 ILCS 1/170-65) Sec. 170-65. Dissolution of the Wood River Township Hospital. (a) Dissolution. (1) The Wood River Township Hospital is dissolved 180 | ||
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(2) In the 180-day period prior to dissolution, the | ||
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(b) Wrapping up the affairs of the Wood River Township Hospital. (1) Within the first 10 business days of the 180-day | ||
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(2) Following the return of the audit provided in | ||
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(i) Pay the debts, obligations, and liabilities | ||
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(ii) Enter into an agreement with a hospital | ||
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(iii) Sell the property of the Wood River | ||
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(c) Transfer of surplus funds. If any funds are available, the hospital board shall transfer, no later than 10 business days prior to the conclusion of the 180-day period provided in subsection (a) of this Section, all surplus funds, if any, to the Madison County Treasurer to be maintained in the Wood River Township Hospital Fund and be disposed of pursuant to subsection (d) of this Section. If any liabilities remain, the funds available shall be set apart by the Madison County Treasurer and held for the purpose of retiring such liabilities. (d) Payment of remaining liabilities and disposal of surplus funds. The Madison County Clerk shall pay any remaining liabilities of the Wood River Township Hospital from the Wood River Township Hospital Fund. After all the liabilities of the Wood River Township Hospital are paid, the Madison County Clerk shall distribute any funds remaining in the Wood River Township Hospital Fund to the property owners in Wood River Township as of the date of dissolution of Wood River Township Hospital. The distribution shall be proportional to the assessed value of the property in the 2005 levy year. (e) Outstanding indebtedness. (1) In the event that the Wood River Township | ||
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(2) In the event that the Wood River Township | ||
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(3) Madison County may levy a tax, on behalf of the | ||
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(f) Tax collection and enforcement. The dissolution of the Wood River Township Hospital shall not adversely affect proceedings for the collection or enforcement of any tax. Those proceedings shall continue to finality as though no dissolution had taken place. The proceeds thereof shall be paid over to the Madison County Treasurer to be transferred pursuant to subsection (c) of this Section. Proceedings to collect and enforce such taxes may be instituted and carried on in the name of the Wood River Township Hospital. (g) Litigation. All suits pending in any court on behalf of or against the Wood River Township Hospital may be prosecuted or defended in the name of Madison County by the State's attorney. All judgments obtained for the Wood River Township Hospital shall be collected and enforced by Madison County and transferred and disposed of pursuant to subsections (c) and (d) of this Section respectively.
(Source: P.A. 98-590, eff. 11-13-13.) |
(60 ILCS 1/Art. 175 heading) ARTICLE 175.
TOWNSHIP PUBLIC
NON-SECTARIAN HOSPITALS
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(60 ILCS 1/175-5)
Sec. 175-5.
Petition and referendum to establish hospital.
(a) Whenever not less than 5% of the registered voters (according to
the voting registration records at the time the petition is filed) of a
township file a petition with the township clerk requesting that an annual
tax, not to exceed one and two-thirds mills on the dollar, be levied each
year on all the taxable property of the township for the maintenance and
operation of a public nonsectarian hospital described in the petition and
located within or without the township, the township clerk shall give notice
that at the next annual township election, or at an election in accordance with
the general election law if one is requested, a referendum will be held on the
question. If a referendum is ordered to be held at the township meeting, notice
shall be given by posting notices in at least 10 of the most public places in
the township at least 10 days before the day of the meeting. If an election is
requested, the township clerk shall certify that proposition to the proper
election officials, who shall submit the proposition in accordance with the
general election law.
(b) The proposition at a referendum authorized by this Section shall be
substantially as follows:
Shall (name of township) levy an annual tax of not | ||
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(Description of hospital.)
The votes shall be recorded as "Yes" or "No".
(c) If a majority of all votes cast on the proposition is in favor of the
proposition, the township shall annually levy a tax of not more than one
and two-thirds mills on the dollar on all the taxable property of the
township for the maintenance and operation of the hospital. The proceeds
of the tax shall be paid into a fund known as the Hospital Fund. The
county collector or the supervisor of the township shall pay all money
in the Hospital Fund to the treasurer of the public nonsectarian
hospital within 30 days after receiving the money.
(d) For purposes of this Article, "public nonsectarian hospital" means any
nonsectarian hospital operated by a nonprofit corporation or any nonsectarian
hospital operated by any political subdivision of the State or by any
municipal corporation in the State to which patients are admitted regardless of
race, color, creed, sex, or national origin.
(Source: P.A. 81-1489; 88-62.)
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(60 ILCS 1/175-10)
Sec. 175-10.
Discontinuance of hospital.
(a) Whenever at least 10% of the voters of a township that has adopted the
provisions of this Article presents a petition to the township clerk requesting
that the maintenance and operation of the public nonsectarian hospital be
discontinued, the township clerk shall give notice, in the manner provided in
Section 175-5, that at the next annual township election, or at a referendum in
accordance with the general election law, an election will be held on the
question. If the referendum is ordered to be held at an election, the clerk
shall certify that proposition to the proper election officials, who shall
submit the proposition in accordance with the general election law.
(b) The proposition at the referendum shall be substantially as follows:
Shall (name of township) discontinue the maintenance | ||
| ||
(Description of hospital.)
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the votes upon the proposition is in favor of the
discontinuance of the maintenance and operation of the public nonsectarian
hospital, the township shall not thereafter levy a tax for the maintenance and
operation of the hospital unless the proposition is again submitted to and
approved by the voters as provided in Section 175-5.
(Source: P.A. 81-1489; 88-62.)
|
(60 ILCS 1/175-15)
Sec. 175-15.
Use of money; annual report.
(a) Any moneys paid over by a township from the hospital fund to a public
non-sectarian hospital shall be used solely for its maintenance and operation
under the sole control of the management of the hospital.
(b) The management of the hospital shall file with the clerk of each
township that has paid money into the hospital fund, within 60 days after the
close of its fiscal year, a report stating the financial affairs of the
hospital, showing (i), the balance (if any) received by the management from its
predecessor or from any other source; (ii) the amount of tax levied the
preceding year for the hospital; (iii) the amount collected and paid over to
it; (iv) the amount paid out by it and on what account, including any amount
paid out on indebtedness (specifying the nature and amount of the indebtedness,
the amount paid on the indebtedness, the amount paid on principal, and the
amount paid on interest account); and (v) the amount and kind of all
outstanding indebtedness due and unpaid, the amount and kind of indebtedness
not yet due, and when the indebtedness not yet due will mature.
(c) The township clerk shall record the report in the record book of the
township as soon as it is filed and shall post a copy of the report at the
place of holding the annual township meeting 2 days before the meeting is held.
The clerk shall read the report aloud to the electors at the meeting. The
township clerk shall cause the report to be published in a newspaper of general
circulation published within the township in which the hospital is situated. If
no newspaper of general circulation is published in the
township, the report shall be published in any newspaper generally
circulated in the township.
(d) Any manager or township clerk who wilfully neglects to comply with this
Section shall forfeit and pay to the township the sum of not less than $50 nor
more than $200, to be sued for and recovered by the township in its corporate
name and appropriated for repairs of highways and bridges in the township.
(Source: Laws 1951, p. 110; P.A. 88-62.)
|
(60 ILCS 1/175-20)
Sec. 175-20.
The provisions of this Article do not apply to any township that
avails itself of the provisions of Article 170.
(Source: Laws 1945, p. 1739; P.A. 88-62.)
|
(60 ILCS 1/Art. 180 heading) ARTICLE 180.
LEASE OF
COUNTY HOME OR HOSPITAL
|
(60 ILCS 1/180-5)
Sec. 180-5.
Lease of county home or hospital.
A township having a population
of more than 125,000 and situated within a county having a population between
150,000 and 500,000, where the county operates and maintains a county home,
infirmary, or hospital under Division 5-21 of the Counties Code, may lease the
home, infirmary, or hospital from the county in a manner and upon terms it
deems best for the interest of the township. The township may thereafter
operate, maintain, improve, or expand the institution for the care and
treatment of infirm or chronically ill persons or persons afflicted with
dangerously communicable diseases, including poliomyelitis.
(Source: P.A. 76-907; 86-1475; 88-62.)
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(60 ILCS 1/180-10)
Sec. 180-10.
Township board powers.
In any township that avails itself of
this Article, the township board has the same powers and restrictions as are
conferred or enjoined upon a county board under paragraphs 2 through 7 of
Section 5-21001 of the Counties Code.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/182-5)
Sec. 182-5.
Primary health care special district; tax.
(a) In any township in a county with a population of 25,000 or less
containing a federally designated health manpower shortage area, the township
board may provide for primary health care under an intergovernmental
cooperation agreement with another unit of local government or under contract
with physicians, a physician group, a professional service corporation, a
medical corporation, a health maintenance organization, a voluntary health
service plan, a limited health service plan, a hospital for out-patient
services, or a federally qualified health center.
(b) For purposes described in subsection (a), the township board may levy an
annual tax of not more than 0.095% of the value of all the taxable property in
the township, as equalized or assessed by the Department of Revenue, upon that
property. Before a tax may be levied under this Section, the township board
shall certify that question to the proper election officials in accordance with
General Election Law, who shall submit the proposition by referendum to all the
voters in the area to be served. The referendum shall be in substantially the
following form:
Shall (name of township) be authorized to levy an annual tax of not more than
0.095% of the value of all the taxable property in the township to provide
primary health care to its citizens?
The votes shall be recorded as "Yes" or "No".
If the majority of the voters voting on the proposition vote in favor of it,
the tax levy is authorized. If a majority of the vote is against the
proposition, the tax levy is not authorized. No tax may be levied under this
Section, however, with respect to any property that is subject to any other tax
levied for the sole purpose of providing primary health care.
(c) Any territory of a special primary health care district that is annexed
to a municipality that provides primary health care within its corporate limits
shall be automatically disconnected from the township primary health care
district.
(Source: P.A. 90-439, eff. 8-16-97; 90-517, eff. 8-22-97.)
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(60 ILCS 1/Art. 185 heading) ARTICLE 185. FACILITIES AND SERVICES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(60 ILCS 1/185-5)
Sec. 185-5.
Facilities and services; tax.
(a) A township may provide facilities or services for the benefit of its
residents who are persons with a developmental disability
and
who are not eligible to participate in any program conducted under Article 14
of the School Code, or a township may contract for those facilities or services
with any privately or publicly operated entity that provides facilities or
services either in or outside the township.
(b) For the purpose described in subsection (a), the township board may,
pursuant to the referendum requirements in Section 185-10, levy an annual tax
of not more than 0.1% of the value of all the taxable property in the township,
as equalized or assessed by the Department of Revenue, upon that property. The
tax shall be levied and collected in the same manner as other township taxes
but shall not be included in any limitation otherwise prescribed as to the rate
or amount of township taxes and shall be in addition to and in excess of other
township taxes. When collected, the tax shall be paid into a special fund in
the township treasury, designated the "Fund for Persons with a Developmental
Disability", and shall, together with any interest earned,
be
used only for the purpose specified in this Article.
(Source: P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/185-10)
Sec. 185-10.
Referendum.
(a) Before a tax may be levied under Section 185-5, the township board shall
certify that question to the proper election officials, who shall submit the
proposition at an election under the general election law. The proposition
shall be in substantially the following form:
Shall (name of township) be authorized to levy an | ||
| ||
The votes shall be recorded as "Yes" or "No".
(b) If a majority of the voters voting on the proposition vote in favor of
it, the tax levy is authorized. If a majority of the vote is against the
proposition, the tax levy is not authorized.
(Source: P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/185-15)
Sec. 185-15.
Board of directors to administer Article.
When a township has
authority to levy a tax for the purpose of this Article, the township
supervisor, with the advice and consent of the township board, shall appoint a
board of 3 directors who shall administer this Article. The board shall be
designated the "(name of township) Board for Care and Treatment of Persons with
a Developmental Disability". The initial appointees
shall be
appointed for terms expiring, respectively, on June 30 in the first, second,
and third years following their appointment as designated by the appointing
authority. All succeeding terms shall be for 3 years, and successors shall be
appointed in the same manner as the initial appointees. Vacancies shall be
filled in the same manner for the balance of the unexpired term. Each director
shall serve until his or her successor is appointed. Directors shall serve
without compensation but shall be reimbursed for expenses reasonably incurred
in the performance of their duties.
(Source: P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/185-20)
Sec. 185-20.
Directors' meetings and powers.
(a) The directors shall meet annually in July and shall elect one of their
number as president and one as secretary. They shall adopt rules deemed proper
and expedient for the administration of this Article. They shall report
annually to the township board, giving a detailed statement of their
administration.
(b) The board shall have exclusive control of all money paid into the
Fund for Persons with a Developmental Disability and
shall draw
upon the township treasurer for all or any part of that fund required by the
board in the performance of its duties and exercise of its powers under this
Article.
(c) The board may establish, maintain, and equip facilities within the
township for the care and treatment of persons with a
developmental disability, together with auxiliary facilities connected with
those facilities that the board finds necessary. For those purposes, the board
may acquire, to be held in its name, real and personal property within the
township by gift, grant, legacy, purchase, or lease and may occupy, purchase,
lease, or erect an appropriate building or buildings for the use of the
facilities and all related facilities and activities.
(d) The board may provide for the care and treatment of persons with a
developmental disability who are not residents of the township and may
establish and collect reasonable charges for those services.
(Source: P.A. 90-210, eff. 7-25-97.)
|
(60 ILCS 1/185-25)
Sec. 185-25.
Donations.
The board of directors may accept any donation of
property for the purpose specified in Section 185-5 and shall pay over to the
township treasurer any money received within 30 days of its receipt.
(Source: P.A. 85-989; 88-62.)
|
(60 ILCS 1/185-30)
Sec. 185-30.
Maintenance charge.
The board of directors may impose a
maintenance charge upon the estate of any person with a
developmental disability receiving the benefits of the facilities or services
described in Section 185-5. If the person's estate is insufficient, the parent
or parents of the person are liable for payment and the amount due.
(Source: P.A. 90-210, eff. 7-25-97.)
|
(60 ILCS 1/185-35)
Sec. 185-35.
Rate of maintenance charge.
The rate at which the board
of directors shall calculate the sums to be charged under Section 185-30 is the
average per capita operating cost for all persons receiving the benefit of the
facilities or services computed for each fiscal year. The board may, however,
in its discretion, set the rate at a lesser amount than the average per capita
cost. Lesser amounts may be accepted by the board when conditions warrant that
action or when money is offered by persons not liable under Section 185-30. Any
money received under this Section shall be paid into the township Fund for
Persons with a Developmental Disability.
(Source: P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/185-40)
Sec. 185-40.
Financial investigation.
The board of directors may
investigate the financial condition of each person liable under Section 185-30
and may make determinations of the ability of each person to pay the sums
representing maintenance charges. For those purposes, the board may set a
standard as a basis of judgment of ability to pay. The standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors and to make provisions for unusual and exceptional
circumstances in the application of the standard. The board may issue to any
person liable under Section 185-30 statements of amounts due as maintenance
charges, requiring payment in a manner to be arranged, in an amount not
exceeding the average per capita operating cost determined under Section
185-35.
(Source: P.A. 85-989; 88-62.)
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(60 ILCS 1/185-45)
Sec. 185-45.
Use of facilities and services; records confidential.
(a) The use of the facilities or services described in Section 185-5
shall not be limited or conditioned in any manner by the financial status
or ability to pay of any recipient or person responsible.
(b) Records pertaining to the payment of maintenance charges shall not be
made available for inspection, but shall be deemed confidential and used only
when required for the purpose of Section 185-40.
(Source: P.A. 85-989; 88-62.)
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(60 ILCS 1/185-50)
Sec. 185-50.
Petition for modifying maintenance charge.
Any person who has
been issued a statement of any sum due for maintenance charges for a person
with a developmental disability may petition the board of
directors for a modification of the statement, and the board shall provide for
a hearing on the petition. The board may, after a hearing, grant relief it
deems proper.
(Source: P.A. 90-210, eff. 7-25-97.)
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(60 ILCS 1/185-55)
Sec. 185-55.
Suit to collect maintenance charge.
(a) Upon the request of the board of directors, the state's attorney of the
county in which a person who is liable for payment of maintenance charges
resides shall file suit in the circuit court to collect the amount due. The
court may order the payment of sums due for maintenance for a period or periods
as the circumstances require. The order may be entered against any one or more
defendants and may be based upon the proportionate ability of each defendant to
contribute to the payment of sums due. Orders for the payment of money may be
enforced by attachment as for contempt against the persons of the defendants
and in addition as other judgments at law. Costs may be adjudged against the
defendants and apportioned among them, but if the complaint is dismissed, the
costs shall be borne by the township.
(b) The Civil Practice Law applies to and governs all actions instituted
under this Article.
(Source: P.A. 85-989; 88-62.)
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(60 ILCS 1/185-60)
Sec. 185-60.
Claim against estate.
Upon the death of a person who is liable
for maintenance charges imposed by Section 185-30 and who is possessed of
property, the executor or administrator of the person's estate shall ascertain
from the board of directors the extent of the charges. The claim shall be
allowed and paid as other lawful claims against the estate.
(Source: P.A. 85-989; 88-62.)
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(60 ILCS 1/185-65)
Sec. 185-65.
Department of Human Services powers.
(a) The Department of Human Services ("Department") may adopt rules for the
guidance of any board of
directors, prescribing reasonable standards concerning programs, facilities,
and services for persons with a developmental disability.
(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and apply to all administrative rules and procedures of the
Department under this Article, except that in case of conflict between the
Illinois Administrative Procedure Act and this Article the provisions of this
Article shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rulemaking does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
(c) The Department may conduct any investigation necessary to ascertain
compliance with rules adopted under this Article.
(d) If a board of directors fails to comply with the Department's rules, the
Department shall withhold distribution of any State grant in aid until the
board complies with the rules.
(Source: P.A. 89-507, eff.
7-1-97; 90-210, eff. 7-25-97.)
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(60 ILCS 1/Art. 190 heading) ARTICLE 190.
AGREEMENTS FOR MENTAL
HEALTH SERVICES FOR TOWNSHIP RESIDENTS
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(60 ILCS 1/190-5)
Sec. 190-5.
Agreements with community mental health board.
The township
board may enter into contractual agreements with a community mental health
board having jurisdiction within the township. The agreements shall be written
and shall provide for the rendition of services by the community mental health
board to the residents of the township. For this purpose, the township board
may expend its funds and any funds made available to it through the federal
State and Local Assistance Act of 1972.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/190-10)
Sec. 190-10. Mental health services. If a township is not included in a
mental health district organized under the Community Mental Health Act, the
township board may provide mental health services (including services for the
alcoholic and the drug addicted, and for persons with intellectual disabilities) for residents of the
township by disbursing funds, pursuant to an appropriation, to mental health
agencies approved by the Department of Human Services, alcoholism treatment
programs licensed by the Department of
Public Health, drug abuse facilities approved by the Department of Human
Services, and other services for substance use disorders approved by
the Department of Human Services. To be
eligible for township
funds disbursed under this Section, an agency, program, facility, or other
service provider must have been in existence for more than one year and serve
the township area.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.)
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(60 ILCS 1/Art. 195 heading) ARTICLE 195.
TOWNSHIP
AMBULANCE SERVICES
|
(60 ILCS 1/195-5)
Sec. 195-5.
Ambulance services special district; tax.
(a) In any township with a population between 10,000 and 35,000 that lies
within a county with a population between 275,000 and 400,000, the township
board may provide for ambulance services pursuant to an intergovernmental
cooperation agreement with another unit of local government.
(b) The board may declare the unincorporated area of the township or a
portion of that unincorporated area a special ambulance service district for
tax purposes. Proof of the declaration authorizes the county clerk to extend a
tax upon the special ambulance service district in the amount specified in the
annual township tax levy, at a rate of not more than 0.095% of the value of all
taxable property in the district as equalized and assessed by the Department of
Revenue. No tax may be levied under this Section, however, with respect to any
property that is subject to any other tax levied for the purpose of providing
ambulance services.
(c) Any territory of a special ambulance service district that is annexed to
a municipality that provides ambulance service within its corporate limits
shall be automatically disconnected from the township ambulance service
district.
(Source: P.A. 88-62; incorporates 88-181; 88-670, eff. 12-2-94.)
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(60 ILCS 1/Art. 200 heading) ARTICLE 200.
TOWNSHIP EMERGENCY
VEHICLES AND EQUIPMENT
|
(60 ILCS 1/200-5)
Sec. 200-5.
Acquisition of emergency vehicles and equipment.
Any township
having a population of less than 100,000 may acquire by purchase or by other
means fire protection, rescue, and emergency vehicles and equipment.
(Source: P.A. 78-483; 88-62.)
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(60 ILCS 1/200-10)
Sec. 200-10.
Tax.
For the purposes of this Article, any township having a
population of less than 100,000 may levy annually a tax extendable at rate of
not more than 0.02% of the assessed valuation of all taxable property in the
township as equalized for State and county purposes for the current year to
provide revenue for the purpose of fire protection, rescue, and emergency
vehicles and equipment. This tax shall be in addition to all other taxes
authorized by law to be levied and collected in the township and shall be in
addition to the amount authorized to be levied for general purposes.
(Source: P.A. 78-483; 88-62.)
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(60 ILCS 1/200-12)
Sec. 200-12.
Tax increase; referendum.
(a) A township with a population of
less than 100,000 may levy taxes at a rate in excess of 0.02% of the value of
all taxable property within the township as equalized or assessed by the
Department of Revenue if the increase is approved by the voters as provided in
this Section. The township board may, by ordinance, place
the question of
whether the tax rate of the township should be increased from 0.02% to 0.125%
for fire protection, rescue, and emergency vehicles and equipment on the ballot
at any election. The township board shall certify the question to the proper
election officials, who shall submit the question at an election in accordance
with the general election law. The question shall be in the following form.
Shall the maximum allowable tax rate for the (name of | ||
| ||
The votes shall be recorded as "Yes" or "No".
The result of the referendum shall be entered upon the records of the
township. If a majority of the voters at the election vote in favor of the
proposition, the township may levy taxes annually at a tax extendable rate not
to exceed 0.125% of the value of all taxable property within the township as
equalized or assessed by the Department of Revenue.
A referendum held under this Section shall be conducted in
accordance with
the Election Code.
(b) The township board may levy the taxes at a rate in excess of 0.125%
but not
in excess of 0.40% of the value of
all taxable property within the township as equalized or assessed by the
Department of Revenue.
The tax may not be levied until the question of levying the tax has been
submitted to the electors
of the township at a regular election and approved by a majority of the
electors voting on the
question.
The township board shall certify the question to the proper election
officials, who shall submit the question at an election in accordance with
the general election law.
The proposition shall be in substantially the following form:
Shall the maximum allowable tax rate for the (insert | ||
| ||
The votes shall be recorded as "Yes" or "No".
The results of the referendum shall be entered upon the records of the
township. If a majority of
the electors voting on the question vote in the affirmative, the township board
may thereafter levy
the tax.
(Source: P.A. 92-522, eff. 2-8-02.)
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(60 ILCS 1/200-13)
Sec. 200-13.
Board authority.
The township board of any township operating
a fire department has the power and it is its legal duty and obligation to
provide as nearly adequate protection from fire for all persons and property
within the township as possible and to prescribe necessary regulations for
the prevention and control of fire within the township. The township board may
provide and
maintain life saving and rescue equipment, services, and facilities, including
emergency ambulance service. Except in cities having a population of 500,000
or
more inhabitants and except in municipalities in which fire prevention codes
have been adopted, the township board has the express power to adopt and
enforce fire prevention codes and standards parallel to national standards.
(Source: P.A. 92-522, eff. 2-8-02.)
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(60 ILCS 1/200-14)
Sec. 200-14.
Fire department regulations and rules.
A township providing
fire protection services on the effective date of this amendatory Act of the
92nd General Assembly shall be held to the standard of Sections 16.01 through
17 of the Fire Protection District Act, substituting "township" where "fire
protection district" is indicated.
(Source: P.A. 92-522, eff. 2-8-02.)
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(60 ILCS 1/200-14a) Sec. 200-14a. Reimbursement for specialized rescue services. A township that provides fire protection services may fix, charge, and collect reasonable fees for specialized rescue services provided by the township. The total amount collected may not exceed the reasonable cost of providing those specialized rescue services and may not, in any event, exceed $125
per hour per vehicle and $35 per hour per firefighter. The fee may be charged to any of the following parties, but only after there has been a finding of fault against that party by the Occupational Safety and Health Administration or the Illinois Department of Labor: (a) the owner of the property on which the | ||
| ||
(b) any person involved in an activity that caused or | ||
| ||
(c) an individual who is rescued during the emergency | ||
| ||
(d) in cases involving the recovery of property, any | ||
| ||
For the purposes of this Section, the term "specialized rescue services" includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescue.
(Source: P.A. 95-497, eff. 1-1-08; 95-876, eff. 8-21-08.) |
(60 ILCS 1/200-14b) Sec. 200-14b. Technical rescue services. A township that provides fire protection services may fix, charge, and collect reasonable fees for technical rescue services provided by the township. The total amount collected may not exceed the reasonable cost of providing the technical rescue services and may include charges for personnel and equipment costs.
(Source: P.A. 95-867, eff. 1-1-09.) |
(60 ILCS 1/200-14c) Sec. 200-14c. Notification of sale of or changes to private or semi-private water systems. (a) For purposes of this Section, "private water system" and "semi-private water system" shall have the meanings ascribed to them in subsection (a) of Section 9 of the Illinois Groundwater Protection Act. (b) A township that provides fire protection services shall receive notice of the sale of a private water system or semi-private water system from the individuals or entities selling and purchasing the water system. The notice to the township shall include the status and capacity of the water system and the ability of the water system to be used for fire protection. (c) A township that provides fire protection services shall also receive notice from the owner of a private water system or semi-private water system if there are any changes to the water system that would affect fire protection services to areas served by the water system.
(Source: P.A. 99-487, eff. 11-20-15.) |
(60 ILCS 1/200-15)
Sec. 200-15.
Petition; referendum.
(a) Upon the petition of 50 or more legal voters of a township being filed
with the township clerk requesting that the proposition for the
acquisition of fire protection, rescue, and emergency vehicles and equipment
be submitted to a vote of the people of the township, the proposition
shall be certified to the proper election officials, who shall submit the
proposition to the voters at an election in accordance with the general
election law.
(b) The proposition shall be clearly indicated on the ballot and
submitted to the voters of the township in substantially the following
form:
Shall (name of township) levy a tax at a rate of not | ||
| ||
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the votes cast upon the proposition are in favor of
the proposition, the township supervisor, township clerk, or treasurer shall
within 3 months after the election acquire by purchase or otherwise fire
protection, rescue, and emergency vehicles and equipment. Revenue obtained from
the levy may also be used to pay personnel to operate fire protection, rescue,
and emergency vehicles and related equipment. Provision for the payment for the
vehicles and equipment shall be made by proper taxing and financial officers in
the same manner as for other township expenditures.
(Source: P.A. 86-327; 88-62.)
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(60 ILCS 1/Art. 205 heading) ARTICLE 205.
TOWNSHIP WATERWORKS
AND SEWERAGE SYSTEMS
|
(60 ILCS 1/205-5)
Sec. 205-5.
Definitions.
When used in this Article, unless the context
clearly requires otherwise:
"Waterworks system" means and includes a waterworks system in its entirety,
or
any integral part of a waterworks system, including mains, hydrants, meters,
valves, standpipes, storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening apparatus, and all other
elements useful in connection with a water supply or water distribution system.
"Sewerage system" means and includes any one or more of the
following: sewerage treatment plant or plants, collecting, intercepting,
and outlet sewers, lateral sewers and drains, including combined and
separate storm water and sanitary drains, force mains, conduits, pumping
stations, ejector stations, and all other appurtenances, extensions, and
improvements necessary, useful, or convenient for the collection,
treatment, and disposal in a sanitary manner of sewage and industrial
wastes.
"Combined waterworks and sewerage system" means and includes
a waterworks and sewerage system, as defined in this Section, that a
township determines to operate in combination.
"System" means a waterworks system, a sewerage system, or any separate
integral part of a waterworks system or a sewerage system, or a waterworks
system and sewerage system in combination as authorized and provided in
Section 205-10.
(Source: P.A. 77-1034; 88-62.)
|
(60 ILCS 1/205-10)
Sec. 205-10.
Any township having a population of less
than 500,000 may construct or purchase and operate a waterworks
system or a sewerage system, or a combined waterworks and sewerage
system, may improve or extend the system from time to time as provided in this
Article, and may fund the system through the use of appropriated general
township and federal revenue sharing funds and other income or revenue derived
from the operation of the system or from the sale of revenue bonds under this
Article. A township that owns and operates a sewerage system or a combined
waterworks and sewerage system may, when determined by its township board to be
in the public interest and necessary for the protection of the public health,
enter into and perform contracts, whether long-term or short-term, with an
industrial establishment for the provision and operation by the township of
sewerage facilities to abate or reduce the pollution of waters caused by
discharges of industrial wastes by the industrial establishment and the
payment periodically by the industrial establishment to the township of
amounts at least sufficient, in the determination of the township board, to
compensate the township for the cost of providing (including payment of
principal and interest charges, if any), operating, and maintaining the
sewerage facilities serving the industrial establishment.
(Source: P.A. 82-783; 88-62.)
|
(60 ILCS 1/205-12)
Sec. 205-12. Boil order; notification of certified local public health department required. If a township, or any department or agency of the township, issues a boil order, then the township must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the township must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
(60 ILCS 1/205-15)
Sec. 205-15.
Revenue and refunding bonds; issuance and terms.
(a) To pay the cost of the construction, purchase, and improvement or
extension from time to time of any system under this Article, including
engineering, legal, and other expenses, together with interest, to a date 6
months after the estimated date of completion, the township board may
appropriate township funds, including Federal Revenue Sharing funds, and issue
and sell revenue bonds of the township payable solely from the income and
revenue derived from the operation of the system. The board may also from time
to time issue revenue bonds to refund any bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of the
holders of the bonds. All bonds shall be authorized by an ordinance adopted by
the township board, shall bear a date or dates, may mature at a time or
times not exceeding 40 years from their respective dates, may bear
interest (i) at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act as amended at the time of the making of the contract (if
issued within one year after July 18, 1972) and (ii) at the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract (if issued after that date), payable semi-annually, may be in a
form, may carry registration privileges, may be payable at a place or
places, may be subject to redemption in a manner and upon terms with or without
premium as is stated on the face of the bonds, may be executed in a manner by
officers of the township, and may contain terms and covenants, all as provided
by the ordinance authorizing their issue.
(b) Bonds shall be sold in the manner determined by the township board and,
if issued to bear interest (i) at the rate of the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) the maximum rate authorized by the Bond Authorization Act as
amended at the time of the making of the contract (if issued after a one year
period following July 18, 1972), shall be sold for not less than par and
accrued interest. The selling price of any bonds bearing less than
(i) the maximum interest rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract, or (ii) the maximum
rate authorized by the Bond Authorization Act as amended at the
time of the making of the contract (if issued after a one year period following
July 18, 1972), however, shall be such that the interest cost of the money
received from the sale of the bonds does not exceed (i) the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract, or (ii) the maximum rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract (if issued after a one
year period following July 18, 1972), computed to absolute maturity, according
to standard tables of bond value. The bonds shall be payable solely from the
income and revenues to be derived from the operation of the system.
(c) Notwithstanding the form or tenor of the bonds, and in the absence of
expressed recitals on the face of the bonds that the bonds are
non-negotiable, all bonds issued under this Article shall be negotiable
instruments.
(d) To secure payment of any or all of the bonds, the ordinance shall
set forth the covenants and undertakings of the township in connection
with (i) the issuance of the bonds and the issuance of additional bonds payable
from the revenue or income to be derived from the operation of the
system and (ii) the use and operation of the system. The ordinance may also
provide that the bonds, or those that are specified, shall, to the extent and
in the manner prescribed, be subordinated and be junior in standing with
respect to the payment of principal and interest and the security of payment to
other bonds designated in the ordinance.
(e) If any officer whose signature appears on the bonds or coupons
attached to the bonds ceases to be an officer before the delivery of
the bonds to the purchaser, his or her signature shall nevertheless be valid
and sufficient for all purposes to the same effect as if he or she had remained
in office until the delivery of the bonds.
(f) Under no circumstances shall any bonds issued or any other obligation
incurred under this Article by a township be or become an indebtedness or an
obligation of the township payable from taxes, nor shall they in any event
constitute an indebtedness of the township within the meaning of any
constitutional or statutory provision or limitation. This fact shall be
plainly stated on the face of each bond.
(g) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Article that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 88-62.)
|
(60 ILCS 1/205-20)
Sec. 205-20.
Ordinance describing project.
(a) A township board may initiate proceedings under this Article by adopting
an ordinance describing in a general way the contemplated project and referring
to plans and specifications prepared for any construction work. The ordinance
shall be placed on file in the office of the township clerk and shall be
available for inspection by the public.
(b) The ordinance shall set out the total estimated cost of the
project, fix the amount of bonds proposed to be issued, the maturity or
maturities, the interest rate, and all details concerning the bonds, and set
out the covenants and undertakings of the township in connection with the
application of the income and revenue and the issuance of additional revenue
bonds deemed necessary or advisable for assurance of the payment of the
bonds authorized by the ordinance and thereafter issued.
(Source: P.A. 82-783; 88-62.)
|
(60 ILCS 1/205-25)
Sec. 205-25.
Security for bonds.
An ordinance authorizing the issuance of
bonds under this Article may in the discretion of the township board provide
that the bonds be secured by a trust agreement or depositary agreement by and
between the board and a corporate trustee, which may be a trust company or a
bank having powers of a trust company within this State. The agreement may
contain provisions for directing and enforcing the rights and remedies of the
bondholders deemed reasonable and proper, including the terms upon which the
trustee and the bondholders, or either of them, may enforce their rights, but
no trust agreement or depositary agreement shall convey, mortgage, or create
any lien upon the properties constituting the system.
(Source: P.A. 82-783; 88-62.)
|
(60 ILCS 1/205-30)
Sec. 205-30.
Referendum on issuance of bonds.
(a) After an ordinance authorizing a project under this Article has been
adopted, it shall be published once in an English language newspaper published
and having general circulation in the township. If there is no such newspaper,
then the ordinance shall be posted in at least 3 of the most public places in
the township. The publication or posting of the ordinance shall include a
notice of (i) the specific number of voters required to sign a petition
requesting that the question of the adoption of the ordinance be submitted to
the electors of the township; (ii) the time in which the petition must be
filed; and (iii) the date of the prospective referendum. The township clerk
shall provide a petition form to any individual requesting one. The ordinance
shall become effective 30 days after the date of publication or posting,
but if within 30 days after publication or posting of the ordinance
a petition is filed with the township clerk signed by at least 10% of the
registered voters of the township (as shown by the registered voters list on
file in the office of the county clerk) asking that the question of issuing the
bonds be submitted to the voters of the township, the ordinance shall not
become effective until the question has been certified to the proper election
officials, who shall submit the question to the voters, and until the question
has been approved by the voters of the township at an election. The election
shall be conducted and notice given in accordance with the general election
law.
(b) The notice shall refer to the filing of the petition and set forth
the question to be voted upon, which shall be substantially as follows:
Shall revenue bonds in the amount of $(amount) be | ||
| ||
The notice shall also state the time and place of the election.
(c) The vote at the election shall be by separate ballot, and
the question shall be in substantially the following form:
Shall revenue bonds in the amount of $(amount) be | ||
| ||
The votes shall be recorded as "Yes" or "No".
(d) If a majority of the voters voting on the question at the election vote
in favor of it, the ordinance shall be in full force and effect and the
township board may proceed with the issuance and sale of the bonds.
(Source: P.A. 87-767; 88-62.)
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(60 ILCS 1/205-35)
Sec. 205-35.
Supervisor; bond proceeds and system revenues.
(a) The township supervisor shall be ex officio treasurer and the custodian
of all funds derived from the issuance and sale of bonds under this Article and
of all income and revenue derived from the operation of the system. Before the
supervisor receives any funds, he or she shall post with the township board,
subject to their approval, a separate corporate surety bond in an amount
determined by resolution of the township board. The supervisor shall keep the
proceeds of bonds issued and revenues derived from the operation of the system
separate and apart from all other funds that come into his or her hands as
supervisor and ex officio treasurer of the township. The supervisor shall
deposit the proceeds derived from the sale of bonds and the income and revenues
derived from the operation of the system in separate bank or savings and loan
association accounts in a depositary designated by the township board for that
purpose.
(b) No bank or savings and loan association shall receive public funds under
this Section unless it has complied with Section 6 of the Public Funds
Investment Act.
(Source: P.A. 83-541; 88-62.)
|
(60 ILCS 1/205-40)
Sec. 205-40.
Acquisition of property.
A township availing itself of the
provisions of this Article has the right of eminent domain to acquire any
private property for the purposes provided by this Article and may contract
for the acquisition of rights in property, easements, licenses, and permits
necessary or incidental in either the acquisition or construction of a system
or the improvement or extension of a system as provided in this Article. Any
contract, or award in the event of condemnation, shall be payable from the
income and revenue derived from the operation of the system, from the proceeds
of the sale of revenue bonds authorized to be issued under this Article, or
from township funds, including Federal Revenue Sharing funds, appropriated for
that purpose.
(Source: P.A. 80-407; 88-62.)
|
(60 ILCS 1/205-45)
Sec. 205-45.
Proximity to highways and other public grounds.
A township
availing itself of the provisions of this Article may, as a proper use of
highways, construct, maintain, alter, repair, and extend its pipes, mains,
ditches, conduits, sewers, and drains along, upon, under, and across any
highways, streets, alleys, or public grounds in the township, but so as not to
permanently inconvenience the public use of those highways, streets, alleys, or
public grounds.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
|
(60 ILCS 1/205-50)
Sec. 205-50.
Service to municipality.
If a city, village, or incorporated
town is located within the boundaries of a township availing itself of the
provisions of this Article that does not own or operate a waterworks system or
a sewerage system within the city, village, or incorporated town or within any
particular locality of the city, village, or incorporated town, and if the
city, village, or incorporated town adopts an ordinance requesting the township
to supply water or sewerage service, or both, for public and domestic use
within the city, village, or incorporated town or within the particular
locality of the city, village, or incorporated town, then the township
may construct, acquire, extend, improve, operate, and maintain its waterworks
system or sewerage system, or both, within the corporate limits of the city,
village, or incorporated town for the purpose of serving the inhabitants of the
city, village, or incorporated town or of the particular locality.
(Source: P.A. 77-1034; 88-62.)
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(60 ILCS 1/205-55)
Sec. 205-55.
Water supply from municipality.
A township availing itself of
the provisions of this Article may contract for a supply of water for its
system from any city, village, or incorporated town owning and operating a
waterworks system.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
|
(60 ILCS 1/205-60)
Sec. 205-60.
Service to area surrounding township.
A township availing
itself of the provisions of this Article and owning and operating a waterworks
system or a combined waterworks and sewerage system under this Article may
supply water for public and domestic use in any area surrounding the limits of
the township, provided the supplying of the water is merely incidental to the
maintenance and operation of its system for the use and benefit of the
inhabitants of the township.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
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(60 ILCS 1/205-65)
Sec. 205-65.
Separate fund for system income and revenue.
If revenue bonds
are issued under this Article, the income and revenue derived from the
operation of the system shall be deposited in a separate fund, in a separate
bank or savings and loan association account, designated as the (Water, Sewer,
or other name) Fund of (name of township). The fund shall be used only to pay
the cost of operation and maintenance of the system, to pay the principal of
and interest upon the revenue bonds of the township issued under this Article,
and to provide a reasonable depreciation fund whose amount and application
shall be fixed and determined in the ordinance providing for the issuance of
the bonds.
(Source: P.A. 83-541; P.A. 88-62.)
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(60 ILCS 1/205-70)
Sec. 205-70.
Rates for use or service of system.
Rates charged for use or
service of a system acquired under this Article by a township shall be
sufficient at all times to pay the cost of operation and maintenance, to pay
the principal of and interest upon all revenue bonds issued under this Article,
and to provide a reasonable depreciation fund as established under the
ordinance authorizing the issuance of any revenue bonds. The holder of any bond
or bonds or of any interest coupon or coupons of any revenue bonds of a
township may, in any civil action, mandamus, injunction, or other proceedings,
enforce and compel performance of all duties required by this Article and the
covenants and undertakings set forth in any bond ordinance, including the
making and collection of sufficient rates and charges for the use or service of
a system and the proper application of the income and revenue from the system.
(Source: P.A. 83-345; 88-62.)
|
(60 ILCS 1/205-75)
Sec. 205-75. Liens; recovery of money due.
(a) Charges or rates established under this Article are liens upon the real
estate upon or for which a system is supplied. Liens do not attach to the real
estate until the charges or rates have become delinquent as provided by an
ordinance fixing a delinquency date.
(b) Nothing in this Section shall be construed to give the township board or
the township utility board a preference over the rights of any purchaser,
mortgagee, judgment creditor, or other lien holder arising before the filing of
notice of the lien in the office of the recorder of the county in which the
real estate is located or in the office of the registrar of titles of the
county if the property is registered under the Registered Titles (Torrens) Act.
The notice shall consist of a sworn statement setting forth (i) a description
of the real estate, sufficient for its identification, upon or for which the
system was supplied, (ii) the amount or amounts of money due for services of
the system, and (iii) the date or dates when the amount or amounts became
delinquent.
(c) The township board or the township utility board may foreclose the lien
in the same manner and with the same effect as the foreclosure of mortgages on
real estate.
(d) The township board or the township utility board may file an action in
the circuit court to recover money due for services of a system, plus a
reasonable attorney's fee to be fixed by the court. Whenever a judgment is
entered in a civil action, the provisions of this Section with respect to
filing sworn statements of delinquencies in the office of the recorder and
creating a lien against the real estate are not effective as to the charges
sued upon, and no lien exists thereafter against the real estate for the
delinquency. A judgment in a civil action operates as a release
and waiver of the lien upon the real estate for the amount of judgement.
(e) The payment of delinquent charges for sewerage service to any premises may be enforced by discontinuing the water service, the sewerage service, or both to the premises. A rate or charge is delinquent if it is more than 30 days overdue. Any public or municipal corporation or political subdivision of the State furnishing water service to the premises (i) shall discontinue that service upon receiving written notice from the township board or the township utility board in which the premises lies that payment of the rate or charge for sewerage service to the premises has become delinquent and (ii) shall not resume water service until it receives a similar notice that the delinquency has been removed. The provider of sewerage service shall not request discontinuation of water service pursuant to this subsection before sending a notice of the delinquency to the sewer user and affording the owner an opportunity to be heard. During any such hearing, the provider of sewerage service shall consider the financial ability of the user to make immediate full payment and consider the establishment of a deferred payment plan to recoup any delinquent charges. The township board or the township utility board shall reimburse the public or municipal corporation or political subdivision of the State for the reasonable cost of discontinuing and reestablishing water service to the premises. The township board or the township utility board may contract with any privately owned public utility for the discontinuance of water service to a premises with respect to which the payment for a rate or charge for sewerage service has become delinquent. The township board or township utility board shall reimburse the water service provider for any lost water service revenues due to discontinuing water service under this subsection, and shall indemnify the water service provider for any judgment and related attorney's fees resulting from an action based on any provision of this subsection.
(Source: P.A. 96-842, eff. 12-23-09.)
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(60 ILCS 1/205-80)
Sec. 205-80.
Rules and regulations; publication.
(a) The township board has the supervision and control of the system and may
make, enact, and enforce all necessary rules and regulations in connection with
the acquisition of the system and its improvement, management, maintenance,
operation, care, protection, and use. Rules and regulations shall be
established from time to time by ordinance.
(b) Rates and charges for use and service for all purposes shall be
established, revised, maintained, be due and payable, and be in force as the
township board determines by ordinance. Rates or charges established by the
board are not subject to any statutory regulations covering rates or charges
for similar service by privately owned waterworks systems.
(c) The township board may enact and enforce reasonable rules and
regulations requiring, within a specified period of time, the owner of improved
real estate to connect into a township system when that improved real estate
abuts any street, alley, or other public way or sewer right-of-way in which any
line of the system exists. For purposes of this Section, improved real estate
includes real estate with buildings and real estate that has been platted for
subdivision purposes or for commercial uses.
(d) An ordinance establishing rules and regulations or rates or charges for
use and service shall be published within 30 days after its adoption in a
newspaper published and having general circulation in the township. If there is
no such newspaper, then the ordinance shall be posted in at least 5 of the most
public places in the township. The ordinance shall not become effective until
10 days after publication or posting, as the case may be.
(Source: P.A. 82-783; 88-62.)
|
(60 ILCS 1/205-85)
Sec. 205-85.
Compensation for township officers.
Compensation for any
services performed by members of the township board, the township supervisor as
ex officio treasurer, and the township clerk as recording officer in connection
with the maintenance and operation of a system shall be fixed by ordinance by
the township board before the issuance of any bonds under this Article. The
compensation shall not be increased while any revenue bonds issued under this
Article after the adoption of an ordinance fixing compensation are outstanding.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-90)
Sec. 205-90.
System of accounts; audits.
The township board of each
township availing itself of the provisions of this Article shall maintain a
proper system of accounts showing the receipts from the operation of the
system and the application of those receipts and shall at least
once each year cause the accounts to be properly audited by independent public
accountants. Copies of the audits shall be filed in the office of the
township clerk and shall be made available for inspection at all proper times
by any water user, township board member, or other interested person.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-95)
Sec. 205-95.
Fiscal year; budget.
(a) Upon the acquisition of a system under this Article, the township board
shall establish by resolution the beginning and ending of the fiscal year for
the operation of the system. That period shall constitute the budget year for
the maintenance and operation of the system.
(b) At least 30 days before the beginning of the first fiscal year after the
acquisition of the system, the township board shall prepare a tentative budget
and shall include all proposed operation and maintenance expenses for the
ensuing fiscal year. The budget shall be considered by the township board, and
after consideration and any revision by the board, it shall be adopted not
later than 30 days after the beginning of the fiscal year. No expenditures in
excess of the budget shall be made during the fiscal year unless authorized by
a two-thirds vote of the board.
(c) It shall not be necessary to include in the budget any statement of
expenditures for debt service, but the board shall make provision for those
payments as they become due. No money shall be paid out from the water fund of
the township except upon an order signed by the supervisor and township clerk
and approved by the board. Each order shall specify the purpose for which it is
to be paid, and there shall be endorsed on the order the name of the particular
account out of which it is payable.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-100)
Sec. 205-100.
Township utility board.
(a) The township board of a township availing itself of the provisions of
this Article may, in its discretion and before the issue of any bonds under
this Article, by ordinance create a township utility board for the purpose of
exercising all of the powers conferred by this Article. The township
supervisor, subject to the approval of the township board, shall appoint 5
persons, all of whom are legal voters of the township and have resided in the
township for at least 2 years before the date of their appointment. Any person
holding an elective or appointive public office is not eligible for appointment
to the utility board, and any person who has held an elective office or an
appointive public office is not eligible for appointment for one year after the
expiration of his or her term of office.
(b) One of the appointees shall be appointed for a term of one year,
one for a term of 2 years, one for a term of 3 years, and 2 for terms of 4
years. One additional member shall be appointed to any utility board in
existence on August 3, 1967, for a term of 3 years. Annually thereafter,
appointments to fill the expired terms shall be made in the same manner, except
that the term of each appointee shall be 4 years. Vacancies shall be filled for
an unexpired term in the same manner as the original appointments.
(c) Within 30 days after their appointment, the members shall meet and elect
a chairman and a vice-chairman from their membership and a secretary who need
not be a member of the utility board. The board shall constitute and be the
(Name of township) Utility Board. The utility board shall fix the compensation
of the secretary, subject to the approval of the township board.
(d) The utility board may establish bylaws, rules, and regulations for its
own government. Upon its organization, the utility board shall have general
supervision over the construction, operation, maintenance, and management of
the system of the township. The utility board shall exercise all of the powers
authorized and provided for by this Article instead of the township board,
including the establishment of rules and regulations covering the maintenance,
operation, and use of the system, the power to require connection of abutting
improved real estate with the system, the fixing of rates and charges for the
use and service of the system, and the power to improve and extend the system
from time to time as provided in this Article.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-105)
Sec. 205-105. Construction contracts; bids.
(a) All contracts for construction work whose estimated cost will exceed
$30,000 shall be let to the lowest responsible bidder after publication of
notice for bids. Notice for bids shall be published once in a newspaper
published and having general circulation in the township, if there is one. If
there is no such newspaper, notice for bids shall be published in a newspaper
published and having general circulation in the county. Notice for bids shall
be published at least 10 days before the date set for receiving bids. Bids
shall be opened and publicly read, and an award shall be made to the lowest
responsible bidder within 15 days after the receipt of bids.
(b) This Section shall not apply to engineering, legal, or other
professional services, but it shall apply to the purchase of equipment unless
the township board, by a resolution adopted by a three-fourths vote, determines
that it is for the best interests of the township that advertising for bids for
the equipment be dispensed with.
(Source: P.A. 102-728, eff. 5-6-22.)
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(60 ILCS 1/205-110)
Sec. 205-110.
Exercise of authority in name of township.
The authority
conferred upon a township under this Article, except as otherwise provided in
this Article, shall be exercised by the township board in the name of and for
and on behalf of the township.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-115)
Sec. 205-115.
Collector.
The supervisor, by and with the consent of the
township board, shall appoint a collector to collect the charges for the use
and service of the system. The collector's duties, term of office,
compensation, and bond for faithful performance of his or her duties shall be
fixed by ordinance. The collector's compensation shall not be increased during
the term of office for which he or she is appointed.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-120)
Sec. 205-120.
Sale or lease of system.
The township board of a township that
owns a waterworks system or sewerage system or combined waterworks and sewerage
system may sell or lease the system or a separable portion of the system for
any term not to exceed 99 years when, in the opinion of the board, the property
is no longer necessary, appropriate, required for the use of, profitable to, or
for the best interests of the township. This power shall be exercised by an
ordinance passed by at least a two-thirds vote of the members of the board. The
property shall not be sold or leased, however, for a less amount than is
necessary to amortize any outstanding bonds issued under this Article nor, in
any event, at a less amount than the reasonable value of the property (or a
reasonable return on the investment in the property in the case of a lease) as
determined by an appraisal made at the direction of the board by a person or
persons acquainted with valuations of those kinds of properties.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-125)
Sec. 205-125.
Sale or lease for more than 20 years; bids.
Property may be
sold, or leased for a term of more than 20 years, only after advertising for
sealed bids for its purchase or lease. The advertisement shall be published at
least once in a newspaper having a general circulation in the township at least
30 days before the date fixed for opening bids. The advertisement shall contain
a description of the property, the minimum amount that will be considered for
the sale or lease, as the case may be, the terms of payment, the last date that
bids will be accepted, the place for filing bids, and the time and place that
bids will be opened. The township board shall reserve the right to reject any
or all bids. Only the bid of the highest responsible bidder shall be accepted.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/205-130)
Sec. 205-130.
Service to particular locality outside current system; bonds.
(a) A township (i) may construct or acquire a waterworks system or
sewerage system, or a combined waterworks and sewerage system, serving a
particular locality in the township or (ii) may extend or improve an existing
waterworks system or sewerage system, or combined waterworks and sewerage
system, for the purpose of serving a particular locality within the township
not previously served by its existing waterworks system or sewerage system
or combined waterworks and sewerage system.
(b) The township may pay the cost of the construction, acquisition,
extension, or improvement by the issuance and sale of revenue bonds of the
township, payable solely from the revenue derived from the operation of the
entire waterworks system or systems or sewerage system or systems or combined
waterworks and sewerage system or systems of the township. Except as they are
inconsistent with this Section, Sections 205-5 through 205-125 govern all
matters connected with a project under this Section.
(Source: P.A. 76-1360; 88-62.)
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(60 ILCS 1/205-135)
Sec. 205-135.
Additional use of system serving a particular locality; bonds.
(a) A township (i) may construct or acquire a waterworks system or a
sewerage system, or a combined waterworks and sewerage system, serving a
particular locality or (ii) may extend or improve an existing waterworks
system or sewerage system, or combined waterworks and sewerage system, serving
a particular locality within the township.
(b) The township may pay the cost of the construction, acquisition,
extension, or improvement by the issuance and sale of revenue bonds of the
township, payable (i) solely from the revenue derived from the operation of
the waterworks system or sewerage system, or the combined waterworks and
sewerage system, constructed or acquired for that particular locality or (ii)
solely from the revenue to be derived from the operation of the existing
waterworks system or sewerage system or combined waterworks and sewerage
system, extended or improved to serve a particular locality. Except as they are
inconsistent with this Section, Sections 205-5 through 205-125 and 205-150
govern all matters connected with the bonds issued under this Section.
(c) Bonds issued under this Section are payable solely from the revenue
derived from the operation of that sewerage system or improvement or
extension. These bonds shall not, in any event, constitute an indebtedness
of the township within the meaning of any constitutional or statutory
limitation, and it shall be so stated on the face of each bond. The face of
each bond shall also contain a description of the locality for which that
system or improvement or extension is constructed, acquired, or improved.
(Source: P.A. 76-1360; 88-62.)
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(60 ILCS 1/205-140)
Sec. 205-140. Initiating proceedings for particular locality; rates
and charges; lien. (a) This Section applies to townships to which Section 205-141 does not apply. (a-1) A township board may initiate proceedings under Sections 205-130 through
205-150 in the manner provided by Section 205-20.
(b) The township board may establish the rate or charge to each
user of the waterworks system or sewerage system, or combined waterworks
and sewerage system, or improvement or extension at a rate that will be
sufficient to pay the principal and interest of any bonds issued to pay
the cost of the system, improvement, or extension and the maintenance and
operation of the system, improvement, or extension and may provide an adequate
depreciation fund for the bonds. Charges or rates shall be established,
revised, and maintained by ordinance and become payable as the township board
determines by ordinance.
(c) The charges or rates are liens upon the real estate upon or for which
sewerage service is supplied whenever the charges or rates become delinquent as
provided by the ordinance of the board fixing a delinquency date.
(d) Notwithstanding any provision of law to the contrary, the township shall conduct a cost study regarding the connection charge of the township: (1) before the township increases or creates a | ||
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(2) upon the request of the supervisor or a majority | ||
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(3) upon the request of a majority of the mayors or | ||
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(4) upon the filing with the township board of a | ||
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The cost study shall be conducted by an independent entity within 6 months of action taken under paragraphs (1), (2), (3), or (4) of this subsection (d). For purposes of subsections (d) and (e), the term "independent entity" shall mean an engineering firm that has not entered into a contract with any State agency, unit of local government, or non-governmental entity for goods or services within the township or township service area in the 24 months prior to being contracted to perform the cost study. After performing a cost study under this subsection (d), an independent entity may not contract with any State agency, unit of local government, or non-governmental entity for goods or services within the township or township service area in the 24 months after completion of the cost study other than to perform further cost studies under this subsection (d). A township shall not be required to conduct more than one cost study in a 60 month period under paragraphs (3) or (4) of this subsection (d). The cost study must include, at a minimum, an examination of similar water main and sewer connection charges in neighboring units of local government or units of local government similar in size or population. Following the completion of the cost study, no increase or new connection charge may be imposed unless the increase or new charge is justified by the cost study. If the connection charge the township charged prior to completion of the cost study is higher than is justified by the cost study, the township shall reduce its connection charge to the amount justified by the cost study. For purposes of this subsection (d), "connection charge" means any charge or fee, by whatever name, assessed to recover the cost of connecting the customer's water main, sewer, or water main and sewer service line to the township's facilities, and includes only the direct and indirect costs of physically tying the service line into the township's main. (e) If a cost study has been conducted pursuant to subsection (d) of this Section and a new cost study is requested under paragraph (3) or (4) of subsection (d), the township shall obtain a written quote from an independent entity detailing the cost of the requested cost study and one of the following shall occur prior to a new cost study beginning: (1) each township, village, and municipality whose | ||
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(2) the customers who signed the petition under | ||
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Payments required under either paragraph (1) or (2) of this subsection (e) shall be made to the township clerk, who shall forward the same to the independent entity upon receipt of entire amount of the written quote for the cost study. If the entire amount of the written quote for the cost study has not been received within 90 days from the township clerk providing public note of the amount of the written quote, then those amounts received by the township clerk shall be refunded to the persons or entities which paid them.(Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16; 100-528, eff. 9-22-17.)
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(60 ILCS 1/205-141) Sec. 205-141. Initiating proceedings for particular locality; rates
and charges; lien; certain townships. (a) This Section applies to any township that (i) has a population between 31,500 and 32,000 according to the 2010 federal decennial census; and (ii) is located within a county that has a population between 260,000 and 265,000 according to the 2010 federal decennial census. (a-1) A township board may initiate proceedings under Sections 205-130 through
205-150 in the manner provided by Section 205-20. (b) The township board may establish a fair and reasonable rate for each
user of the waterworks system or sewerage system, or combined waterworks
and sewerage system, or improvement or extension at a rate that will be
sufficient to pay the principal and interest of any bonds issued to pay
the cost of the system, improvement, or extension and the maintenance and
operation of the system, improvement, or extension and may provide an adequate
depreciation fund for the bonds. Rates shall be established,
revised, and maintained by ordinance and become payable as the township board
determines by ordinance. (b-5) The township board may establish a fair and reasonable connection charge for each new user added to the township's waterworks system or sewerage system. (c) The charges or rates are liens upon the real estate upon or for which
sewerage service is supplied whenever the charges or rates become delinquent as
provided by the ordinance of the board fixing a delinquency date. (d) Notwithstanding any provision of law to the contrary, a cost study shall be conducted regarding the connection charge of the township: (1) before the township increases or creates a | ||
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(2) upon the request of the supervisor or a majority | ||
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(3) upon the request of a majority of the mayors or | ||
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(4) upon the filing with the township board of a | ||
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The cost study shall be conducted by an independent entity within 6 months of action taken under paragraphs (1), (2), (3), or (4) of this subsection (d). If a cost study is requested under paragraphs (1) or (2) of this subsection, then the township shall order and pay for the cost study. If a cost study is requested under paragraphs (3) or (4) of this subsection, then the municipalities whose mayors or presidents requested the cost study under paragraph (3), or the customers who filed a petition under paragraph (4), shall choose the independent entity to conduct the cost study, order the cost study, and pay for the cost study. After performing a cost study under this subsection (d), an independent entity may not contract with any State agency, unit of local government, or non-governmental entity for goods or services within the township or township service area in the 24 months after completion of the cost study other than to perform further cost studies under this subsection (d). A township shall not be required to conduct more than one cost study in a 60 month period under paragraphs (3) or (4) of this subsection (d). The cost study must include, at a minimum, an examination of residential and commercial connection charges for the waterworks system or sewerage system, whichever applies, in at least 30 units of local government in Illinois with a similar number of customers as are connected to the township's waterworks system and sewerage system. Following the completion of the cost study, no increase or new connection charge may be imposed unless the increase or new charge is justified by the cost study. If the connection charge the township charged prior to completion of the cost study is higher than is justified by the cost study, the township shall reduce its connection charge to the amount justified by the cost study. (e) For purposes of this Section: "Connection charge" means any nominal charge or fee, by whatever name, assessed to recover the cost of connecting the customer's water main, sewer, or water main and sewer service line to the township's facilities, and includes only the direct and indirect costs of physically tying the service line into the township's main line in the adjoining utility easement. "Independent entity" means an engineering firm that has not entered into a contract with any State agency, unit of local government, or non-governmental entity for goods or services within the township or township service area in the 24 months prior to being contracted to perform the cost study.
(Source: P.A. 100-528, eff. 9-22-17.) |
(60 ILCS 1/205-145)
Sec. 205-145. Special fund. All revenue derived from the operation of a
waterworks system or sewerage system, or combined waterworks and sewerage
system, constructed, acquired, extended, or improved to serve a particular
locality shall be set aside as collected and shall be deposited in a special
fund of the township. That fund shall be used only (i) to pay the cost of
operating and maintaining the waterworks system or sewerage system, or combined
waterworks and sewerage system, constructed, acquired, extended, or improved to
serve a particular locality, (ii) to provide an adequate depreciation fund, and
(iii) to pay the principal and interest on the bonds issued by the township
under Sections 205-130 through 205-141 for the purpose of constructing,
acquiring, extending, or improving the system.
(Source: P.A. 100-528, eff. 9-22-17.)
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(60 ILCS 1/205-150)
Sec. 205-150.
If, before July 18, 1972, a township (i) has constructed or
acquired a waterworks system or a sewerage system, or combined waterworks and
sewerage system, to serve a particular locality within the boundaries of the
township, (ii) has kept separate books, records, and accounts for the system or
systems, (iii) has collected rates and charges for use and service from the
users of the system or systems that are different from those collected for any
other system or systems, and (iv) has paid solely from the income and revenue
derived from the operation of the system or systems the principal of and
interest upon revenue bonds, the proceeds of which were used to pay the cost
of the construction, purchase, improvement, or extension of that system serving
a particular locality, all those acts of the township are hereby
declared to be valid, and the township may continue so to act, provided the
income and revenue of that system serving a particular locality are
sufficient to make the payments of principal and interest as they become
due. Nothing in this amendatory Act of 1972 (Public Act 77-2083) shall be
construed to impair the obligation of the ordinance authorizing the issuance of
the revenue bonds.
(Source: P.A. 77-2083; 88-62.)
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(60 ILCS 1/205-155)
Sec. 205-155.
Construction of Article.
This Article shall be deemed a
general law complete in itself and shall be liberally construed. Each township
upon the acquisition of a system as defined in Section 205-5 under the
provisions of this Article shall maintain and operate the system in the public
interest and for the benefit and use of the public and territory served by the
system. This Article is cumulative and in addition to any powers conferred by
any other law.
(Source: Laws 1945, p. 1745; P.A. 88-62.)
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(60 ILCS 1/Art. 207 heading) ARTICLE 207.
TOWNSHIP
SPECIAL SERVICE AREAS
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(60 ILCS 1/207-1)
Sec. 207-1.
Short title.
This Article may be cited as the Township Special
Service Area Tax Law.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-5)
Sec. 207-5.
Definitions.
In this Article:
"Township special service area" means a contiguous area within a township in
a
county with a population of more than 3,000,000 in which special services are
provided
in addition to those services provided generally throughout the township.
Territory is
considered contiguous even though one or more completely surrounded portions of
the
territory are excluded from the township special service area.
"Special services" means the land acquisition, development, construction, and
maintenance of streets, street lighting, sidewalks, sanitary sewer systems,
storm sewer
systems, water systems, alleys, and other necessary adjuncts within the
township special
service area.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-10)
Sec. 207-10.
Provision of township special services.
A township special
service
area may be established in a township as provided in this Article. The cost of
the special
services shall be paid by bonds issued as provided in this Article. If a
township exercises
the power granted in this Article to issue bonds for township special services,
then an ad
valorem tax shall be levied upon property within the township special service
area to
retire the bonds in accordance with this Article.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-15)
Sec. 207-15.
Governing body.
The township board of the township is the
governing body of a township special service area.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-20)
Sec. 207-20.
Proposal of referendum to establish a township special
service area.
The question of establishing a township special service area may be presented
to the legal
voters of an area by resolution of the township board of the township in which
the area
lies, or by petition of the voters acting on their own initiative. Referenda
initiated under
this Section are subject to the provisions and limitations of the Election
Code.
A resolution by the corporate authorities to initiate a referendum under this
Section must include, at a minimum, the following: the special services to be
provided;
the boundaries of the proposed special service area by general description and
the
property index numbers of the parcels within the proposed township special
service area;
the maximum amount of bonds to be issued and the period of time over which the
bonds
will be retired; the stated need and local support for the proposed township
special
service area; and the election at which the proposition is to be submitted to
the electors in
the proposed township special service area. The township clerk shall certify
the question
to the proper election officials who shall submit the question to the voters at
the next
regular election under the Election Code.
A petition for a referendum on this question on the voters' own initiative
must be
signed by not fewer than 10% of the legal voters in the proposed township
special service
area and must include, at a minimum, the following: the special services to be provided;
the boundaries of the proposed special service area by general description and the
property index numbers of the parcels within the proposed township special
service area;
the maximum amount of bonds to be issued and the period of time over which the
bonds
will be retired; the stated need and local support for the proposed township
special
service area; and the election at which the proposition is to be submitted to
the electors in
the proposed township special service area. The petition shall be filed with
the township
clerk. The township clerk shall certify the question to the proper election
officials who
shall submit the question to the voters at the next regular election under
the Election Code.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-25)
Sec. 207-25.
Referendum for establishment of township special service
area.
The question on the ballot shall be submitted to the voters in the proposed
township
special service area in substantially the following form:
"Shall (name of township) Township be authorized to establish a Township
Special Service Area to provide the special services of (list of special
services) in the
territory described as (general description of proposed boundaries) and to
issue bonds in
an amount not to exceed $(amount) which will be retired over a period of
(number of
years) years from (date) by taxes levied upon property within the Township
Special
Service Area?"
The votes shall be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the affirmative,
the
township board may, by ordinance, establish the township special service area,
issue
bonds up to the maximum amount authorized, and levy an ad valorem tax upon the
property in the township special service area to retire the bonds in accordance
with this
Article. If the area is within one or more municipalities, the township board
may not
establish the township special service area, issue bonds, or levy a tax until
the
municipality or municipalities have certified to the township clerk an
ordinance
consenting to the creation of the township special service area. A township may
establish
a township special service area within the unincorporated area of a county
without the
consent of the county.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-30)
Sec. 207-30.
Issuance of bonds.
Bonds secured by the full faith and credit
of the
area included in the township special service area may be issued for providing
the special
services in an amount not to exceed the amount authorized by the voters at the
referendum under Section 207-25 and not to be retired over a longer period of
time than
authorized at the referendum. Bonds, when so issued, shall be retired by the
levy of ad
valorem taxes against all of the taxable real property included in the township
special
service area as provided in the referendum establishing the township special
service area
and authorizing the issuance of the bonds. The county clerk shall annually
extend ad
valorem taxes against all of the taxable property situated in the county and
contained in
the special service area in amounts sufficient to pay maturing principal and
interest of
those bonds without limitation as to rate or amount and in addition to and in
excess of
any taxes that may now or hereafter be authorized to be levied by the township.
Bonds
issued pursuant to this Article shall not be regarded as indebtedness of the
township for
the purpose of any limitation imposed by any law.
All bonds shall be issued in accordance with the provisions of the Local
Government Debt Reform Act.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/207-35)
Sec. 207-35.
Extension of tax levy.
If bonds are issued under this
Article and a
property tax is levied, the tax shall be extended by the county clerk in the
township
special service area in the manner provided by Articles 1 through 26 of the Property Tax
Code based on equalized assessed values as established under Articles 1 through 26 of
the Property Tax Code, and billed and collected in the manner provided by Articles 1
through 26 of the Property Tax Code. The township clerk shall file with the county clerk
and also with the county recorder a certified copy of the ordinance creating the special
service area; a list of the special services to be provided; the boundaries of the special
service area by complete legal description and by an accurate map; a list of the property
index numbers of the parcels within the township special service area; the maximum
amount of bonds to be issued and the period of time over which the bonds will
be retired.
The corporate authorities of the township may levy taxes in the township
special service
area prior to the date the levy must be filed with the county clerk, for the
same year in
which the information required in this Section is filed with the county clerk.
In addition,
the corporate authorities shall file a certified copy of each ordinance levying
ad valorem
taxes to retire the bonds in accordance with the time requirement to levy for
bonds
specified in the
Local Government Debt Reform Act.
(Source: P.A. 90-798, eff. 12-15-98.)
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(60 ILCS 1/Art. 210 heading) ARTICLE 210.
TOWNSHIP REFUSE
COLLECTION AND DISPOSAL
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(60 ILCS 1/210-5)
Sec. 210-5.
Application of Article; referendum.
(a) This Article applies only in those townships in which the electors of
the unincorporated area of the township, at any regularly scheduled
election held within the township, by majority vote, authorize the
township board to exercise the powers conferred by this Article.
(b) Whenever the township board, by a resolution passed
by a majority of its members, requests that the question whether it
shall be allowed to exercise the powers conferred by this Article be
submitted to the electors of the unincorporated area of the township,
and upon the delivery of a certified copy of the resolution to the
proper election official, the election official shall submit
the question to the electors at any regular scheduled
election held within the township.
(c) The question submitted to the electors shall be printed in plain,
prominent type upon a ballot in the form required by the general election
law. If a majority of the electors voting on the question are in favor of
conferring powers under this Article, the proper election official shall
certify the results of the referendum to the township clerk within 10
days after the election. The certificate shall include (i) the date of the
referendum and a summary of the proposition submitted, (ii) the number of
electors for or against the proposition, and (iii) a description of the area of
the township within which the township board may exercise the powers conferred
by this Article.
(d) This Article does not apply in any township in which a county ordinance
or resolution is in effect regulating the collection and disposal of refuse,
garbage, and ashes.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/210-7) Sec. 210-7. Disposal of brush and leaves. Notwithstanding any provision of this Article to the contrary, the corporate authorities of a township may, by ordinance, provide for the collection, transport, disposal, and recycling of brush, wood chips, and leaves within the unincorporated areas of the township without referendum approval. The corporate authorities of the township may use funds authorized under Section 30-117 to provide for the collection, transport, and disposal of brush and leaves.
(Source: P.A. 100-56, eff. 8-11-17.) |
(60 ILCS 1/210-10)
Sec. 210-10. Definitions. As used in this Article, unless the context
clearly requires otherwise:
"Ashes" means residue from fires used for cooking and for heating
buildings.
"Garbage" means wastes resulting from the handling, preparation, cooking,
and consumption of food and wastes from the handling, storage, and sale of
produce.
"Recycling" means the transfer of brush, wood chips, or leaves by employees of the township to a facility or place that will utilize the product without charge. "Refuse" means (i) combustible trash, including but not limited to paper,
cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings,
wood furniture, and bedding; (ii) noncombustible trash, including but not
limited to metals, tin cans, metal furniture, dirt, small quantities of rock
and pieces of concrete, glass, crockery, and other mineral waste; and
(iii) street rubbish, including but not limited to street sweepings, dirt,
leaves, catch-basin dirt, and contents of litter receptacles. "Refuse" does not
mean earth and wastes from building operations, nor does it include solid
wastes resulting from industrial processes and manufacturing operations such as
food processing wastes, boiler-house cinders, lumber, scraps, and shavings.
(Source: P.A. 100-56, eff. 8-11-17.)
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(60 ILCS 1/210-15)
Sec. 210-15.
Contract for collection and disposal; special district; tax.
(a) The township board, when authorized by the electors of the
unincorporated area of the township to exercise the powers conferred by this
Article, may make contracts with any city, village, or incorporated town or
with any person, corporation, or county for more than one year and not more
than 15 years (i) relating to the composting or recycling of garbage, refuse,
and ashes within the unincorporated area of the township or (ii) relating to
the collection and final disposition, or relating solely to either the
collection or the final disposition, of garbage, refuse, and ashes within the
unincorporated area of the township.
(b) For this purpose, the township board shall perform one of the
following:
(1) Declare the unincorporated area of the township a | ||
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(2) Provide in the contract that the users of the | ||
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(Source: P.A. 90-751, eff. 1-1-99.)
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(60 ILCS 1/210-20)
Sec. 210-20.
Annual budget and appropriation ordinance.
Whenever the
township board makes a contract under this Article that requires the
declaration of a special refuse collection and disposal district, the board
shall include in
the annual budget and appropriation ordinance for each fiscal year an
appropriation of a sum of money, to be derived from taxation extended upon the
special refuse collection and disposal district, sufficient to pay the amount
that, by the terms of the contract, is to become due and payable.
(Source: P.A. 90-751, eff. 1-1-99.)
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(60 ILCS 1/210-25)
Sec. 210-25.
Rules and regulations; penalties.
The township board, when
authorized by the electors of the unincorporated area of the township to
exercise the powers conferred by this Article, may adopt by ordinance rules and
regulations relating to the collection and final disposition, or relating
solely to either the collection or the final disposition, of garbage, refuse,
and ashes within the unincorporated area of the township as it from time to
time deems necessary and may provide penalties for the violation of those rules
and regulations.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 215 heading) ARTICLE 215.
YOUTH SERVICES
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(60 ILCS 1/215-5)
Sec. 215-5.
Township committee on youth.
(a) The township board may appoint a township committee on youth comprised
of not less than 5 members. The board shall fix the length of the committee
members' terms at one, 2, and 3 years initially, staggering the terms so that
after the initial appointments, the term of each member shall be for 3 years
and so that the smallest possible portion of the terms on the committee will
expire in any single calendar year.
(b) The township committee on youth may provide programs to combat and
prevent juvenile delinquency and to meet the needs of local youth.
(c) The township committee on youth may cooperate with other governmental
entities and with any other organizations, associations, agencies, or persons
in fostering, developing, and providing local programs designed to combat and
prevent juvenile delinquency and to meet the needs of local youth.
(d) The township committee on youth, with the approval of the township
board, may contract with other governmental entities and with any other
organizations, associations, agencies, or persons to provide programs to combat
and prevent juvenile delinquency, to provide needed or required
transportation services, and to meet the needs of local youth.
(e) Members of the township committee on youth shall serve without
compensation but shall be allowed necessary expenses incurred in the
performance of their duties under this Section.
(f) The members of the township committee on youth shall select one of their
number to serve as chairperson and may elect other officers they deem
necessary.
(Source: P.A. 93-398, eff. 7-31-03.)
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(60 ILCS 1/215-10)
Sec. 215-10.
Youth service bureaus.
(a) The township board may provide for the establishment or maintenance (or
may enter into contractual agreements with other townships, municipalities, or
counties for the establishment or maintenance) of youth service bureaus or may
enter into contractual agreements with established youth service bureaus,
public or private, serving the general area of the township. The agreements
shall be written and shall provide for services to residents of the township
under 13 years of age, but agencies providing services to adults in addition to
youths may qualify as youth service bureaus. "Youth service bureau" means any
public or private agency providing, or arranging for the provision of,
assistance to persons referred to the agency by law enforcement officials,
court agencies and other agencies, and individuals with the intention of
diverting the persons from formal processes of the court.
(b) This Section shall not be construed to amend, modify, or have any effect
on the Juvenile Court Act of 1987.
(c) For purposes of this Section, the township board may expend moneys
in the general fund not appropriated for other purposes or funds made
available from the federal State and Local Fiscal Assistance Act of 1972.
(Source: P.A. 85-1209; 88-62.)
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(60 ILCS 1/215-15)
Sec. 215-15.
Runaway or homeless youths.
The township board annually may
appropriate funds to private nonprofit organizations for the purpose of
providing services to runaway or homeless youths and their families. The
services may include temporary shelter, food, clothing, medical care,
transportation, individual and family counseling, and any other service
necessary to provide adequate temporary, protective care for runaway or
homeless youths and to reunite the youths with their parents or guardians. For
purposes of this Section, "runaway or homeless youth" means a person under the
age of 18 years who is absent from his legal residence without the consent of
his parent or legal guardian or who is without a place of shelter where
supervision and care are available.
(Source: P.A. 83-1284; 88-62.)
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(60 ILCS 1/Art. 220 heading) ARTICLE 220.
SENIOR CITIZEN
SERVICES
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(60 ILCS 1/220-5)
Sec. 220-5.
Care for the elderly.
Upon the request of the supervisor of
general assistance, the township board may enter into contractual agreements
with the operators of nursing homes, retirement homes, or other facilities for
the care of the elderly for the purchase of care for elderly public assistance
recipients. All agreements shall be written and shall provide for the
rendition of services to the eligible residents of the township. For
the purpose of purchasing care for the elderly, the township board may expend,
upon recommendation of the supervisor of general assistance, its funds and any
funds made available to it by other governments for general township purposes.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/220-10)
Sec. 220-10.
Township committee for senior citizens' services.
(a) The township board may appoint a township committee for senior citizens'
services comprised of not more than 9 members. A minimum of one-third of the
committee shall be 55 years of age or older. The initial members shall serve
their terms as follows: 3 members for 1 year, 3 members for 2 years, and 3
members for 3 years. Succeeding members shall serve 3-year terms.
(b) Members of the committee shall select one of their number to
serve as chairman and may select other officers deemed necessary.
(c) Members of the committee shall serve without compensation but
shall be allowed necessary expenses incurred in the performance of their
duties under this Section.
(d) The committee shall cooperate with the Illinois Department on
Aging and with the Department of Transportation, whenever appropriate,
to develop and administer programs designed to maintain the
self-sufficiency and personal well-being of citizens residing within the
jurisdiction of the township who are 55 years of age or older.
(e) The committee may receive federal funds made available to the Department
on Aging or the Department of Transportation for the implementation of
federally approved senior citizens programs. The local funding shall be
provided from the township general fund.
(f) The committee may enter into service agreements or contracts for the
purpose of providing needed or required transportation services or make grants
to another governmental entity, not-for-profit corporation, or community
service agency to fund programs for senior citizens, subject to the approval of
the township board.
(Source: P.A. 82-783; 88-62.)
|
(60 ILCS 1/220-15)
Sec. 220-15.
Distributions from township general fund for benefit of
senior citizens. Whenever the electors attending an annual or special township
meeting determine that the general township fund of the township
contains funds not derived from a township tax levy that are not needed
for township purposes during the remainder of the then current fiscal year,
the electors may, by a resolution adopted by the affirmative vote of two-thirds
of the electors attending the meeting, direct that all or any portion of the
funds be distributed to a for profit (or not for profit) and non-sectarian
organization that provides services or facilities to the township's older
inhabitants or to the board of managers of a township community building to be
used for the operation and maintenance of a non-sectarian activity and guidance
center for the older inhabitants of the township. The electors attending the
annual or special township meeting may also, by a resolution adopted
by the affirmative vote of two-thirds of those electors attending, direct that
all or a portion of the available funds be expended directly by the township to
provide the services or facilities for older inhabitants described in this
Article.
(Source: P.A. 86-580; 86-1191; 88-62.)
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(60 ILCS 1/220-20)
Sec. 220-20.
Purpose of senior citizen services.
Any service, activity,
facility, or guidance center for which township funds are expended or
distributed under this Article shall be maintained and operated, in addition to
any other purpose, for the following purposes:
(1) To decrease the sense of isolation and dependence | ||
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(2) To enrich the social and intellectual life of | ||
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(3) To help older adults meet practical problems | ||
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(4) To help older adults contribute to community | ||
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(5) To help persons approaching retirement to | ||
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(6) To organize community interest in generally | ||
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(Source: P.A. 79-816; 88-62.)
|
(60 ILCS 1/220-25)
Sec. 220-25.
Limitation on action.
No action under Section 220-15 shall be
taken at any annual or special township meeting unless the notice of the
meeting, published at least 10 days before the meeting, included notification
that the matter of the expenditure of funds under that Section by the township
or the distribution of funds to an organization or board under that Section
would be raised at the meeting.
(Source: P.A. 79-816; 88-62.)
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(60 ILCS 1/220-30)
Sec. 220-30.
Notice.
The township clerk or other township officer charged
with posting notices of the annual or special township meeting shall include in
the published notice of the annual or special township meeting a statement that
the matter of the expenditure of funds under this Article by the township or
distribution of funds to an organization or board under that Section will be
considered at the meeting if, at least 20 days before the meeting, there is
filed with the township officer a written statement, signed by at least 15
voters of the township, requesting that the notice of the meeting state that
the matter of the expenditure or distribution of funds under this Article will
be considered at the meeting.
(Source: P.A. 79-816; 88-62.)
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(60 ILCS 1/220-35)
Sec. 220-35.
Use of funds; financial statement.
(a) Any funds paid over to a for profit (or not for profit) and
non-sectarian organization or to the board of managers of a township community
building under this Article shall be used solely for the operation and
maintenance of a non-sectarian service, activity, facility, or guidance center
or for other services provided on a for profit (or not for profit) and
non-sectarian basis for the older inhabitants of the township.
(b) Within 60 days after the close of the fiscal year of any service,
activity, facility, guidance center, or other services for which funds were
provided under this Article, the organization or board of managers, as the case
may be, that received the funds shall file with the township clerk
a complete statement of the financial affairs of the service, activity,
facility, or guidance center for that fiscal year. The statement shall be
verified under oath and shall show, among other things, for the fiscal
year, (i) the amount expended in the operation and management of the service,
activity, facility, or guidance center and on what account; (ii) the amount of
township funds received; (iii) the amount and source of any other funds
received for those purposes; and (iv) the amount remaining on hand
for operation or maintenance of the service, activity, facility, or center.
The township clerk shall record the statement in the record book of the
township and shall cause the statement to be published in a newspaper
having general circulation in the township within 30 days after it is filed
with the clerk.
(Source: P.A. 86-580; 88-62.)
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(60 ILCS 1/Art. 225 heading) ARTICLE 225. SERVICES FOR
PERSONS WITH DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(60 ILCS 1/225-5)
Sec. 225-5. Township committee on persons with disabilities.
(a) The township board may appoint a township committee on persons with disabilities,
comprised of not more than 10 members, one of whom shall be a township
trustee appointed by the chairman of the township board. A majority of the
committee shall consist of persons with disabilities. The initial members shall serve their terms as
follows: 3 members for 1 year, 3 members for 2 years, and 3 members for 3
years. Succeeding members shall serve 3-year terms. The initial
and succeeding trustee members shall serve 3-year terms or until termination of
their service as township trustees, whichever occurs first.
(b) Members of the committee shall select one of their number to serve
as chairman and may select other officers deemed necessary.
(c) Members of the committee shall serve without compensation but shall
be allowed necessary expenses incurred in the performance of their duties
under this Section.
(d) The committee shall cooperate with any appropriate public or private
entity to develop and administer programs designed to enhance the
self-sufficiency and quality of life of citizens with disabilities residing within the
jurisdiction of the township.
(e) The committee may receive any available monies from private
sources. The township board may provide funding from the township general
fund. The township board may establish and administer a separate fund
for the committee on persons with disabilities and shall authorize all committee
expenditures from that fund.
(f) The committee may enter into service agreements or contracts for the
purpose of providing needed or required services or make grants to another
governmental entity, not-for-profit corporation, or community service agency
to fund programs for persons with disabilities, subject to the approval of the township
board.
(g) The committee shall report monthly to the township board on its
activities and operation.
(h) For purposes of this Section, "persons with disabilities" means any persons with
a physical or developmental disability.
(Source: P.A. 99-143, eff. 7-27-15.)
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(60 ILCS 1/Art. 230 heading) ARTICLE 230.
EMPLOYMENT AND
TRAINING PROGRAMS
|
(60 ILCS 1/230-5)
Sec. 230-5.
CETA funds.
The township board in counties with a population of
less than 1,000,000 may receive funds from the United States under the
Comprehensive Employment and Training Act of 1973, Public Law 93-203, and may
disburse those funds together with any other township funds for the purposes
specified in that Act.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/230-10)
Sec. 230-10.
Job training; workers' compensation.
The township board may
expend monies for workers' compensation coverage of individuals who qualify for
township general assistance and participate in a job training or work program.
(Source: P.A. 85-1209; 88-62.)
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(60 ILCS 1/Art. 235 heading) ARTICLE 235.
TOWNSHIP TAXES
|
(60 ILCS 1/235-5)
Sec. 235-5. Township taxes for various purposes. The township board may
raise money, by taxation not exceeding the rates established in Section 235-10,
for the following purposes:
(1) Prosecuting or defending suits by or against the | ||
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(2) Maintaining cemeteries under the control, | ||
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(3) Maintaining and operating a public nonsectarian | ||
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(4) Maintaining and operating a township committee on | ||
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(5) Providing mental health services under Section | ||
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(6) Providing services in cooperation with another | ||
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(7) Maintaining and operating a township committee | ||
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(8) Maintaining and operating a township health | ||
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(9) Accumulating moneys in a dedicated fund for a | ||
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(10) Executing the rights, powers, duties, and | ||
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(11) Any other purpose authorized by law.
(Source: P.A. 97-611, eff. 1-1-12.)
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(60 ILCS 1/235-10)
Sec. 235-10. Rate of tax; referendum to increase maximum rate.
(a) In townships having an equalized assessed valuation of $36,000,000 or
more, taxes authorized by subsection (a) may be extended at a rate not
exceeding 0.25% of value, as equalized or assessed by the Department of
Revenue, of all taxable property in the township.
(b) In townships having an equalized assessed valuation of $30,000,000 but
less than $36,000,000, taxes authorized by subsection (a) may be extended at a
rate calculated to yield tax revenues not exceeding $90,000.
(c) In townships having an equalized assessed valuation of $15,000,000 but
less than $30,000,000, taxes authorized by subsection (a) may be extended at
a rate not exceeding the rate computed by subtracting 0.01% of value for
each $1,000,000 or major fraction thereof in excess of $15,000,000 but less
than $30,000,000 of equalized assessed valuation from the rate of 0.45% of
value.
(d) In townships having an equalized assessed valuation of less than
$15,000,000, taxes may be extended at a rate not exceeding 0.45% of value,
as equalized or assessed by the Department of Revenue, of all taxable property
in the township.
(e)(1) In townships having an equalized assessed valuation of less than
$10,000,000, taxes may be extended at a rate of not more than 0.45% of value,
or not more than 0.65% of value if approved by voters in the township in a
referendum on the limit increase, as equalized or assessed by the
Department of Revenue, of all taxable property in the township.
(2) On the petition of at least 10% of the registered voters residing in
the township to the township clerk, the clerk shall order a referendum on the
proposition to increase the extension limitation as provided in the petition.
The township clerk shall certify the proposition to the proper election
officials, who shall submit the proposition to the township voters at the
next election in accordance with the general election law. The proposition
shall be in substantially the following form:
Shall the present maximum tax extension limit of | ||
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The votes shall be recorded as "Yes" or "No".
(3) If a majority of all ballots cast on the proposition is in favor
of the increase, the county clerk shall certify the results of the election to
the township clerk.
(f) Any township having exceeded an equalized assessed valuation of
$15,000,000 before September 17, 1983, may tax at the rate authorized to be
extended under this Section if approved by the township voters at the annual
township meeting. If approval is not obtained, the tax may not be extended at a
rate of more than 0.25% of the value, as equalized and assessed by the
Department of Revenue, of all taxable property in the township. (g) Any township having assumed the rights, powers, duties, assets, property, liabilities, obligations, and
responsibilities of a road district abolished under the provisions of Section 6-133 of the Illinois Highway Code may tax at a rate determined by adding the rate authorized to be extended under this Section to the last rate authorized to be extended for road purposes under Section 6-501 of the Illinois Highway Code.
(Source: P.A. 97-611, eff. 1-1-12.)
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(60 ILCS 1/235-13)
Sec. 235-13.
Truth in taxation.
Tax levies by a township shall be subject
to the Truth in Taxation Act to the extent that Act applies.
(Source: P.A. 88-62.)
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(60 ILCS 1/235-15)
Sec. 235-15.
Special tax for sidewalks, street lighting, or traffic
control devices.
(a) The township board of a township in a county with a population between
300,000 and 3,000,000 may provide for the construction or installation and
repair of sidewalks or street lighting or traffic control devices in the
township along or upon any roads and may provide for the payment of the whole
or any part of the cost of the construction, installation, or repair by special
taxation of the lots, blocks, tracts, or parcels of land touching upon the road
near or on which a sidewalk or device is ordered or otherwise benefiting from
the improvement, except that the property is not subject to the tax if it is
located within a city, village, or incorporated town. This special taxation
may be by levying the whole or any part of the cost upon each of the lots,
blocks, tracts, or parcels of land touching upon the road or otherwise
benefiting from the improvement, pro rata, according to their respective
values. The values of the lots, blocks, tracts, or parcels of land shall be
determined by the last preceding assessment under the Property Tax Code.
(b) Before a special tax may be levied under this Section, the township
board shall by resolution set a day and hour for a public hearing upon the
proposed improvement for which the tax is to be levied. The hearing shall be
held not less than 10 days after the resolution proposing the improvement is
adopted. Notice of the time and place of the public hearing shall be sent by
mail directed to the person who paid the general taxes for the last preceding
year on each lot, tract, and parcel of real estate that is to be subject to
the tax not less than 5 days before the date set for the public hearing.
The notice, in addition to the time, date, and place of the public hearing,
shall contain a general description of the proposed improvement including
the estimated cost of the improvement.
(c) At the time and place fixed for the public hearing, the township board
shall meet and hear anyone desiring to be heard upon the subject of the
proposed improvement. If any person objects to the proposed improvement or any
of the elements of it, the corporate authorities may adopt a new resolution
abandoning the proposed scheme or adhering to it or changing, altering, or
modifying the extent, nature, kind, or character of the proposed scheme as it
considers most desirable.
(d) If the owners of 50% or more in number of the lots, tracts, and parcels
of real estate that are to be subject to the tax file written objections with
the recording officer of the township, the township board shall proceed no
further with the improvement and the same improvement shall not again be
initiated for a period of one year.
(e) The township board shall proceed to prepare a special tax
list against those lots, blocks, tracts, or parcels of land subject to the
special tax, ascertaining by computation the amount of special taxes and
the annual installments of those taxes to be charged against each of those
lots, blocks, tracts, or parcels of land on account of the installation,
construction, or repair according to the rule fixed for the levy of that
special tax by the township board.
(f) The special tax list shall be filed in the office of a
specified officer or board, and this officer or board shall thereupon issue
warrants directed to the township collector (or to the officer designated in
the ordinance) for the collection of the amount of special tax so ascertained
and appearing from the special tax list to be due from the respective lots,
blocks, tracts, or parcels of land. The aggregate amount of each
special tax shall be divided into 5 annual installments of equal amounts.
(g) The township collector (or the officer designated to collect the tax)
shall file a copy of the ordinance and the special tax list with the
recorder of the county in which the township is situated. Upon that
filing, the special tax becomes a lien upon each lot, block, tract, or parcel
subject to the special tax until all installments have been paid with respect
to the lot, block, tract, or parcel.
(h) The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the work
done, the second installment one year thereafter, and so on annually until
all installments are paid. The specified officer or board shall file in
the office of the township collector (or the officer designated
to collect the tax) a certificate, signed by the officer or secretary of the
board preparing the tax list, of the date of the first voucher and of the
amount of the voucher within 30 days after the issuance of the voucher.
(i) All the installments shall bear interest as provided in the ordinance
until paid, at a rate of not to exceed 6% annually. Interest on assessments
shall begin to run from the date of the first voucher issued on account of work
done.
(j) In all cases, the township collector (or the officer designated to
collect the tax), whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the payment
is made at or after maturity. Any person may at any time pay the whole
assessment against any lot, block, tract, or parcel of land, or any installment
thereof, with interest as provided in this Section up to the date of payment.
The township collector (or the officer designated to collect the
tax) shall proceed to collect the warrants by mailing a written notice to the
address of the party who last paid the general taxes on the respective lots,
blocks, tracts, or parcels of land in the list that the tax list is in his
possession for collection. All money collected shall be immediately
paid over by that officer to the township.
(k) The township collector (or the officer designated to collect the tax)
shall maintain as a permanent public record a list containing
at least the following information:
(1) A description of all lots, blocks, tracts, and | ||
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(2) The amount of the special tax assessed against | ||
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(3) The installments that have been received by the | ||
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(l) Upon failure to collect the special tax as provided in this Section, the
township collector (or the officer designated to collect the tax), on or before
the first day of August in each year, shall make a written report of this
special tax to the officer of the county authorized by law to apply for
judgment against and sell lands for taxes due. This report shall
also contain an enumeration of (i) all the lots, blocks, tracts, or parcels
of land upon which the special tax remains unpaid, (ii) the names of the
respective owners of those lots, blocks, tracts, or parcels so far as the names
are known to the collecting officer, (iii) the amount due and unpaid upon each
lot, block, tract, or parcel, and (iv) a copy of the resolution or ordinance
ordering the installation, construction, or repair. This report shall be
accompanied by the oath of the officer that the list is a correct return of the
lots, blocks, tracts, or parcels of land on which the special tax levied by
authority of the township for the cost or partial cost, as the case may be,
of the sidewalk or device specified in that ordinance remains due and
unpaid and that the amounts stated as due and unpaid have not
been collected either in whole or in part. This report, when made as required
in this subsection, is prima facie evidence that all the forms and requirements
of the law in relation to making that return have been complied with and that
the special tax, as mentioned in the report, is due and unpaid.
(m) When the specified officer of the county receives the report, he or she
shall at once proceed to obtain judgment against the lots, blocks, tracts, or
parcels of land enumerated in the report for the special tax remaining due and
unpaid in the same manner as provided by law for obtaining judgment against
land for taxes due and unpaid under the Property Tax Code and in the same
manner shall proceed to sell the lots, blocks, tracts, or parcels for the
special tax due and unpaid. In obtaining this judgment and making this sale,
the specified officer shall be subject to applicable provisions of the Property
Tax Code. The Property Tax Code shall
also apply to the execution of certificates of sales and deeds and to the force
and effect of these sales and deeds. All other laws in relation to the
enforcement and collection of taxes and redemption from tax sales shall apply
to proceedings to collect the special tax.
(Source: P.A. 88-62; 88-670, eff. 12-2-94.)
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(60 ILCS 1/235-16)
Sec. 235-16.
Special tax for sidewalks, street lighting, street repairs,
or traffic
control devices; counties of 3,000,000 or more.
(a) The township board of a township in a county with a
population of more than 3,000,000 may provide for the construction or
installation and
repair of sidewalks or repair of streets, including improvements for flood
control, or street lighting or traffic control
devices in the
township along or upon any roads and may provide for the payment of the whole
or any part of the cost of the construction, installation, or repair by special
taxation of the lots, blocks, tracts, or parcels of land touching upon the road
near or on which a sidewalk or device is ordered or otherwise benefiting from
the improvement, except that the property is not subject to the tax if it is
located within a city, village, or incorporated town. This special taxation
may be by levying the whole or any part of the cost upon each of the lots,
blocks, tracts, or parcels of land touching upon the road or otherwise
benefiting from the improvement, pro rata, according to their respective
values. The values of the lots, blocks, tracts, or parcels of land shall be
determined by the last preceding assessment under the Property Tax Code.
(b) Before a special tax may be levied under this Section, the township
board shall by resolution set a day and hour for a public hearing upon the
proposed improvement for which the tax is to be levied. The hearing shall be
held not less than 10 days after the resolution proposing the improvement is
adopted. Notice of the time and place of the public hearing shall be sent by
mail directed to the person who paid the general taxes for the last preceding
year on each lot, tract, and parcel of real estate that is to be subject to
the tax not less than 5 days before the date set for the public hearing.
The notice, in addition to the time, date, and place of the public hearing,
shall contain a general description of the proposed improvement including
the estimated cost of the improvement. The notice shall also inform each
person of the requirement that 51% or more of the owners of lots, tracts, and
parcels of real estate that would be subject to the tax must sign a petition
authorizing the township board to proceed with the improvement.
(c) At the time and place fixed for the public hearing, the township board
shall meet and hear anyone desiring to be heard upon the subject of the
proposed improvement. If any person objects to the proposed improvement or any
of the elements of it, the corporate authorities may adopt a new resolution
abandoning the proposed scheme or adhering to it or changing, altering, or
modifying the extent, nature, kind, or character of the proposed scheme as it
considers most desirable.
(d) If the owners of 51% or more in number of the lots, tracts, and parcels
of real estate that are to be subject to the tax file a petition with the town
clerk agreeing with the improvement, then the township board shall proceed
with the improvement. If a petition is not filed or contains an insufficient
number of signatures, the township board shall proceed no further and the same
improvement shall not again be initiated for a period of one year.
(e) The township board shall proceed to prepare a special tax
list against those lots, blocks, tracts, or parcels of land subject to the
special tax, ascertaining by computation the amount of special taxes and
the annual installments of those taxes to be charged against each of those
lots, blocks, tracts, or parcels of land on account of the installation,
construction, or repair according to the rule fixed for the levy of that
special tax by the township board.
(f) The special tax list shall be filed in the office of a
specified officer or board, and this officer or board shall thereupon issue
warrants directed to the township collector (or to the officer designated in
the ordinance) for the collection of the amount of special tax so ascertained
and appearing from the special tax list to be due from the respective lots,
blocks, tracts, or parcels of land. The aggregate amount of each
special tax shall be divided into 5 annual installments of equal amounts.
(g) The township collector (or the officer designated to collect the tax)
shall file a copy of the ordinance and the special tax list with the
recorder of the county in which the township is situated. Upon that
filing, the special tax becomes a lien upon each lot, block, tract, or parcel
subject to the special tax until all installments have been paid with respect
to the lot, block, tract, or parcel.
(h) The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the work
done, the second installment one year thereafter, and so on annually until
all installments are paid. The specified officer or board shall file in
the office of the township collector (or the officer designated
to collect the tax) a certificate, signed by the officer or secretary of the
board preparing the tax list, of the date of the first voucher and of the
amount of the voucher within 30 days after the issuance of the voucher.
(i) All the installments shall bear interest as provided in the ordinance
until paid, at a rate of not to exceed 6% annually. Interest on assessments
shall begin to run from the date of the first voucher issued on account of work
done.
(j) In all cases, the township collector (or the officer designated to
collect the tax), whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the payment
is made at or after maturity. Any person may at any time pay the whole
assessment against any lot, block, tract, or parcel of land, or any installment
thereof, with interest as provided in this Section up to the date of payment.
The township collector (or the officer designated to collect the
tax) shall proceed to collect the warrants by mailing a written notice to the
address of the party who last paid the general taxes on the respective lots,
blocks, tracts, or parcels of land in the list that the tax list is in his
possession for collection. All money collected shall be immediately
paid over by that officer to the township.
(k) The township collector (or the officer designated to collect the tax)
shall maintain as a permanent public record a list containing
at least the following information:
(1) A description of all lots, blocks, tracts, and | ||
| ||
(2) The amount of the special tax assessed against | ||
| ||
(3) The installments that have been received by the | ||
| ||
(l) Upon failure to collect the special tax as provided in this Section, the
township collector (or the officer designated to collect the tax), on or before
the first day of August in each year, shall make a written report of this
special tax to the officer of the county authorized by law to apply for
judgment against and sell lands for taxes due. This report shall
also contain an enumeration of (i) all the lots, blocks, tracts, or parcels
of land upon which the special tax remains unpaid, (ii) the names of the
respective owners of those lots, blocks, tracts, or parcels so far as the names
are known to the collecting officer, (iii) the amount due and unpaid upon each
lot, block, tract, or parcel, and (iv) a copy of the resolution or ordinance
ordering the installation, construction, or repair. This report shall be
accompanied by the oath of the officer that the list is a correct return of the
lots, blocks, tracts, or parcels of land on which the special tax levied by
authority of the township for the cost or partial cost, as the case may be,
of the sidewalk or device specified in that ordinance remains due and
unpaid and that the amounts stated as due and unpaid have not
been collected either in whole or in part. This report, when made as required
in this subsection, is prima facie evidence that all the forms and requirements
of the law in relation to making that return have been complied with and that
the special tax, as mentioned in the report, is due and unpaid.
(m) When the specified officer of the county receives the report, he or she
shall at once proceed to obtain judgment against the lots, blocks, tracts, or
parcels of land enumerated in the report for the special tax remaining due and
unpaid in the same manner as provided by law for obtaining judgment against
land for taxes due and unpaid under the Property Tax Code and in the same
manner shall proceed to sell the lots, blocks, tracts, or parcels for the
special tax due and unpaid. In obtaining this judgment and making this sale,
the specified officer shall be subject to applicable provisions of the Property
Tax Code. The Property Tax Code shall
also apply to the execution of certificates of sales and deeds and to the force
and effect of these sales and deeds. All other laws in relation to the
enforcement and collection of taxes and redemption from tax sales shall apply
to proceedings to collect the special tax.
(Source: P.A. 90-438, eff. 1-1-98.)
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(60 ILCS 1/235-20)
Sec. 235-20. General assistance tax.
(a) The township board may raise money by taxation deemed
necessary to be expended to provide general assistance in the township to
persons needing that assistance as provided in the Illinois Public Aid
Code, including persons eligible for assistance under the Military Veterans
Assistance Act, where that duty is provided by law. The tax for each
fiscal year shall not be more than 0.10% of value, or more than an
amount approved at a referendum held under this Section, as equalized or
assessed by the Department of Revenue, and shall in no case exceed the
amount needed in the township for general assistance.
The board may decrease
the maximum tax rate by ordinance.
(b) Except as otherwise provided in this subsection,
if the board desires to increase the maximum tax rate, it shall
order a referendum on that proposition to be held at an election in
accordance with the general election law. The board shall certify the
proposition to the proper election officials, who shall submit the
proposition to the voters at an election in accordance with the general
election law. If a majority of the votes cast on the proposition is in
favor of the proposition, the board may annually levy the tax at a rate
not exceeding the higher rate approved by the voters at the election. If,
however, the board has decreased the maximum tax rate under subsection
(a), then it may, at any time after the decrease, increase the maximum tax
rate, by ordinance, to a rate less than or equal to the maximum tax rate
immediately prior to the board's ordinance to decrease the rate.
(c) If a city, village, or incorporated town having a population of
more than 500,000 is located within or partially within a township, then
the entire amount of the tax levied by the township for the purpose of
providing general assistance under this Section on property lying within
that city, village, or incorporated town, less the amount allowed for
collecting the tax, shall be paid over by the treasurer of the township to
the treasurer of the city, village, or incorporated town to be appropriated
and used by the city, village, or incorporated town for the relief and
support of persons needing general assistance residing in that portion of
the city, village, or incorporated town located within the township in
accordance with the Illinois Public Aid Code.
(d) Any taxes levied for general assistance before or after this Section
takes effect may also be used for the payment of warrants issued against
and in anticipation of those taxes and accrued interest on those warrants
and may also be used to pay the cost of administering that assistance.
(e) In any township with a population of less than 500,000 that receives no
State funding for the general assistance program and that has not issued
anticipation warrants or otherwise borrowed monies for the administration of
the general assistance program during the township's previous 3 fiscal years
of operation, a one time transfer of monies from the township's general
assistance fund may be made to the general township fund pursuant to action
by the township board. This transfer may occur only to the
extent that the amount of monies remaining in the general assistance fund
after the transfer is equal to the greater of (i) the amount of the
township's expenditures in the previous fiscal year for general assistance
or (ii) an amount equal to either 0.10% of the last known total equalized
value of
all taxable property in the township, or 100% of the highest amount levied
for general assistance purposes in any of the three previous fiscal years.
The transfer shall
be completed no later than one year after the effective date of this
amendatory Act of the 92nd General Assembly.
No township that
has certified a new levy or an increase in the levy under this Section
during calendar year 2002 may transfer monies under this
subsection.
No action on the transfer of monies under this subsection shall be taken by
the township board except at a township board meeting. No
monies transferred under this subsection shall be considered in determining
whether the township qualifies for State funds to supplement local funds
for public aid purposes under Section 12-21.13 of the Illinois Public Aid Code.
(e-5) The township board of Gray Township in White County may approve by resolution or ordinance transfers of monies from the township's general assistance fund to the general township fund no later than one year after the effective date of this amendatory Act of the 99th General Assembly if: (1) the township receives no State funding for the | ||
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(2) the township has not issued anticipation warrants | ||
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(3) the amount of monies remaining in the general | ||
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(4) the township that has not certified a new levy or | ||
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No monies transferred under this subsection shall be considered in determining whether the township qualifies for State funds to supplement local funds for public aid purposes under Section 12-21.13 of the Illinois Public Aid Code. (Source: P.A. 99-248, eff. 1-1-16.)
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(60 ILCS 1/235-25)
Sec. 235-25.
Tentative budget and appropriation ordinance and tax
for road purposes. In each road district comprised of a single township,
the township board shall adopt a tentative budget and appropriation
ordinance for road purposes and shall levy the amount determined by the
highway commissioner and certify to the county clerk the amount necessary to be
raised by taxation for road purposes as provided in Section 6-501 of the
Illinois Highway Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 240 heading) ARTICLE 240.
TOWNSHIP BORROWING
MONEY
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(60 ILCS 1/240-5)
Sec. 240-5. Borrowing money. The township board may borrow money (i)
from any
bank or financial institution if the money is to be repaid within 10 years
from the time it is borrowed or (ii) with the approval of the
highway
commissioner, from a township
road district fund, if the money is
to be repaid within one year from the time it is borrowed.
"Financial
institution" means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan Act of 1985,
and any federally chartered commercial bank or savings and loan association
organized and operated in this State under the laws of the United States.
(Source: P.A. 93-743, eff. 7-15-04.)
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(60 ILCS 1/Art. 245 heading) ARTICLE 245.
TRANSFERS AMONG
TOWNSHIP FUNDS, GENERALLY
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(60 ILCS 1/245-5)
Sec. 245-5.
Resolution at township meeting for transfer among
township funds.
(a) The legal voters of a township at an annual township meeting or at a
special township meeting called for that purpose may, by
written resolution by a majority vote of the legal voters present and
voting on the resolution, transfer from one or more township funds to any other
township fund or funds, or to the general road and bridge fund, or to any fund
raised by taxation or bonds upon all the property in the township for roads
and bridges, the surplus of any fund or funds over and above an amount
necessary to meet township charges and expenses until the time of
receiving revenue levied at the next annual township meeting. The fund or
funds ordered transferred shall be transferred and paid into the other
fund or funds and shall be paid out on proper orders of officers
authorized by law to expend the fund or funds.
(b) A resolution adopted under this Section shall specify the estimated
amount of the proper and necessary charges and expenses of the township against
the fund or funds until the time of the receipt of revenue after the next
annual township meeting and the particular amount of surplus of the township
fund or funds to be paid over, shall designate the particular fund or
funds to be transferred to and paid into, and shall be submitted to the
township meeting in writing or reduced to writing before any vote is
taken on it.
(c) Whenever it is desired to submit the resolution at a special township
meeting, a special township meeting may be called when the supervisor, together
with at least 25 voters of the township, file with the township clerk
a written petition stating the purpose for which the special township meeting
is to be called. Upon the filing of the petition, the township clerk shall
give notice of the special township meeting in the same manner and for the same
length of time as notice is required to be given of the annual township
meeting. The notice shall state the object of the special meeting.
The special meeting shall be held at the place of the last annual township
meeting.
(Source: P.A. 85-293; 88-62.)
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(60 ILCS 1/245-10)
Sec. 245-10.
Treasurer; payment of funds.
Whenever the legal voters at an
annual township meeting or a special township meeting direct the transfer
and payment of any surplus township fund or funds into some other township fund
or funds or into the treasury of the road and bridge fund for road and bridge
purposes under Section 245-5, the treasurer of the township fund or funds shall
pay those surplus funds into the other township fund or funds or into the
treasury and to the treasurer of the road and bridge fund and shall take credit
for the payment.
(Source: P.A. 84-1308; 88-62.)
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(60 ILCS 1/245-15)
Sec. 245-15.
Claim against transferred surplus.
Whenever any surplus
township fund or funds are paid into the treasury of the road and bridge fund
or into another township fund under this Article, any valid and enforceable
claim that any individual, firm, or corporation has to any part of the surplus
funds paid over shall become and be a valid and enforceable claim against the
township.
(Source: P.A. 84-1308; 88-62.)
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(60 ILCS 1/245-20)
Sec. 245-20.
Transfer of interest income.
The township board of any
township,
when
requested by the treasurer, may authorize the transfer of interest earned on
any of the
moneys of the township into the fund of the township that is most in need of
the interest.
This Section does not apply to any interest earned that has been earmarked or
restricted
for a designated purpose. This Section does not apply to any interest earned on
any funds
for the purpose of municipal retirement under the Illinois Pension Code and
tort
immunity under the Local Governmental and Governmental Employees Tort Immunity
Act. Interest earned on these funds may be used only for the purposes
authorized for the
respective funds from which the interest earnings were derived.
(Source: P.A. 92-107, eff. 7-20-01.)
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(60 ILCS 1/Art. 250 heading) ARTICLE 250.
TRANSFERS FROM
TOWNSHIP GENERAL FUND TO TOWNSHIP
GENERAL ASSISTANCE FUND
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(60 ILCS 1/250-5)
Sec. 250-5.
Transfers from general fund to general assistance fund.
The
township board may direct the transfer of any amount from the township general
fund to the township general assistance fund that is not appropriated for
purposes other than general assistance and may provide for paying into the
general assistance fund any moneys received by the township from any source
other than taxes that can be made available for general assistance purposes.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 255 heading) ARTICLE 255.
TRANSFERS FROM
ROAD AND BRIDGE FUND
|
(60 ILCS 1/255-5)
Sec. 255-5.
Transfer from road and bridge fund.
Whenever the road and bridge
fund of any township in a county with a population of 50,000 or
more contains
a balance no longer needed for road and bridge purposes, occasioned by the fact
that the township no longer has any roads or bridges under its jurisdiction,
the voters of the township at an annual township meeting or at a special
township meeting called for the purpose may, by resolution by a majority vote
of the voters present and voting on the resolution, transfer the balance
to the general township fund or to any other township fund or funds.
For a period of one year after the effective date of
this amendatory Act of the 92nd General Assembly, the voters of a township at
an annual township meeting or at a special township meeting called for the
purpose may, by resolution by a majority vote of the voters present and
voting on the resolution, distribute funds from the road and bridge fund to
any township fund used for construction or maintenance of sewage or water
treatment facilities.
(Source: P.A. 92-539, eff. 1-1-03.)
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(60 ILCS 1/255-10)
Sec. 255-10.
Treasurer; payment of balance.
Whenever the legal voters at an
annual township meeting or a special township meeting direct the transfer and
payment of any balance in the road and bridge fund to the general township fund
or to any other township fund or funds under Section 255-5, the treasurer of
the road and bridge fund shall pay the balance into the fund or funds as
directed and take credit for the payment.
(Source: Laws 1949, p. 1608; P.A. 88-62.)
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(60 ILCS 1/255-15)
Sec. 255-15.
Claim against transferred funds.
Whenever any balance from the
road and bridge fund is paid into the general township fund or into any other
township fund or funds under this Article, any valid and enforceable claim that
any person has against funds transferred shall be valid and enforceable against
the township.
(Source: Laws 1949, p. 1608; P.A. 88-62.)
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(60 ILCS 1/Art. 260 heading) ARTICLE 260.
DISTRIBUTIONS FROM
TOWNSHIP GENERAL FUND, GENERALLY
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(60 ILCS 1/260-5)
Sec. 260-5. Distributions from general fund, generally. To the extent that
moneys in the township general fund have not been appropriated for other
purposes, the township board may direct that distributions be made from that
fund as follows:
(1) To (i) school districts maintaining grades 1 | ||
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(2) To community action agencies that serve township | ||
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(Source: P.A. 99-143, eff. 7-27-15.)
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(60 ILCS 1/Art. 265 heading) ARTICLE 265.
TOWNSHIP FUNDS
FOR SCHOOLS
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(60 ILCS 1/265-5)
Sec. 265-5.
Distribution to school districts.
(a) Whenever the electors attending an annual or special township meeting
of a township in a county with a population of more than 1,000,000 (counties of
the third class) determine that the general township fund of the township is in
excess of the amount needed for township purposes during the remainder of the
then current fiscal year, the electors may, by resolution adopted by the
affirmative vote of two-thirds of the electors attending the meeting, direct
that all or any portion of the excess funds be distributed ratably to the
various school districts maintaining grades 1 through 8 that are wholly or
partly located in the township. In any distribution to school districts, the
share of each school district wholly or partly located within the township
shall be the proportion that the assessed valuation of all property within
the school district or part of the school district in the township bears to the
total assessed valuation of all property in the township.
(b) For purposes of distribution ratably to school districts under this
Section, the township supervisor shall determine the ratable distribution on
the basis of the most recent assessment figures as supplied to him or her by
the county assessor.
(Source: Laws 1959, p. 684; P.A. 88-62.)
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(60 ILCS 1/265-10)
Sec. 265-10.
Limitation on action.
No action shall be taken under Section
265-5 at any annual or special township meeting unless the notice of the
meeting, published at least 10 days before the meeting, included notification
that the matter of distribution of excess funds to the school districts would
be raised at the meeting. The electors of a township shall not take any action
under Section 265-5 unless, for a period of 3 calendar years before the time
the action is proposed to be taken, no taxes other than a tax for road purposes
were levied in the township for township purposes.
(Source: Laws 1963, p. 762; P.A. 88-62.)
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(60 ILCS 1/265-15)
Sec. 265-15.
Notice of meeting.
The township clerk or other township officer
charged with posting notices of the annual or special township meeting shall
include in the published notice of the annual or special township meeting
a statement that the matter of the distribution of excess funds to the school
districts will be considered at the meeting if, at least 20 days before the
meeting, there is filed with the township officer a written statement, signed
by at least 15 voters of the township, requesting that the notice of the
meeting so state that the matter of the distribution of excess funds to
the school districts will be considered at the meeting.
(Source: Laws 1959, p. 684; P.A. 88-62.)
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(60 ILCS 1/Art. 275 heading) ARTICLE 275.
TOWNSHIP FUNDS FOR
MUSEUMS OR HISTORICAL SOCIETIES
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(60 ILCS 1/275-5)
Sec. 275-5.
Distribution to museum or historical society.
Whenever a
township board determines that the general township fund of the township
contains funds not derived from a township tax levy that are not needed
for township purposes during the remainder of the then current
fiscal year, the board may by resolution direct that all or any portion of
those funds (not to exceed $10,000) be distributed to a not for profit museum
or historical society to be used for the operation and maintenance of the
museum or historical society.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/275-10)
Sec. 275-10.
Purposes of museum or historical society.
Any museum or
historical society for which township funds are distributed under this Article
shall be maintained and operated, in addition to any other purposes, for the
following purposes:
(1) To foster and promote a sense of understanding | ||
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(2) To promote a greater knowledge of the history of | ||
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(3) To provide access to historical relics and items | ||
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(Source: Laws 1967, p. 82; P.A. 88-62.)
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(60 ILCS 1/275-15)
Sec. 275-15.
Use of funds; financial statement.
(a) Any funds paid to a not for profit museum or historical society must be
used solely for the maintenance and operation of the museum or historical
society.
(b) Within 60 days after the close of the fiscal year of any museum or
historical society for which funds were provided under this Article, the museum
or historical society that received the funds shall file with the township
clerk a complete statement of the financial affairs of the museum or historical
society for the fiscal year. The statement must be verified under oath and must
show, for the fiscal year, (i) the amount expended in the maintenance and
operation of the museum or historical society and the reasons for the
expenditure; (ii) the amount of township funds received; (iii) the amount and
source of any other funds received for those purposes; and (iv) the amount
remaining on hand for maintenance and operation of the museum or historical
society. The township clerk shall record the statement in the record book of
the township and shall cause the statement to be published in a newspaper
having general circulation in the township within 30 days after it is filed
with the clerk.
(Source: Laws 1967, p. 82; P.A. 88-62.)
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(60 ILCS 1/Art. 280 heading) ARTICLE 280.
TOWNSHIP
REFUNDING BONDS
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(60 ILCS 1/280-5)
Sec. 280-5.
Refunding bonds.
(a) The corporate authorities of any township, without submitting the
question to the electors of the township for approval, may authorize by
ordinance the issuance of refunding bonds (i) to refund its bonds before their
maturity; (ii) to refund its unpaid matured bonds; (iii) to refund matured
coupons evidencing interest upon its unpaid bonds; (iv) to refund interest at
the coupon rate upon its unpaid matured bonds that has accrued since the
maturity of those bonds; and (v) to refund its bonds that by their terms are
subject to redemption before maturity.
(b) The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed 6% annually, payable at the time and
place provided in the bond ordinance.
(c) The refunding bonds shall remain valid even though one or more of
the officers executing the bonds ceases to hold that office before the
bonds are delivered.
(d) For purposes of this Article, "corporate authorities of a
township" means the board of officers who were authorized to issue the
bonds that are being refunded under this Article.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-10)
Sec. 280-10.
Refunding bond ordinance; tax rate.
(a) The ordinance authorizing the refunding bonds shall prescribe all
details of the refunding bonds and shall provide for the levy and collection of
a direct annual tax upon all the taxable property within the township
sufficient to pay the principal of and interest on the refunding bonds as it
matures. This tax shall be in addition to and exclusive of the maximum of all
other taxes authorized to be levied by the township. Tax limitations applicable
to the township provided by other statutes of this State shall not apply to
taxes levied for payment of these refunding bonds.
(b) A certified copy of the bond ordinance shall be filed with the county
clerk of the county in which the township or any portion of the township is
situated and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
Illinois Constitution.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-15)
Sec. 280-15.
Exchange or sale of refunding bonds.
(a) The refunding bonds may be exchanged for the bonds to be refunded
on the basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any. Instead of this
exchange, the refunding bonds may be sold at not less than their par value
and accrued interest. The proceeds received from their sale shall be used
to pay the bonds, interest coupons, and interest not represented by
coupons, if any. This payment may be made without any prior appropriation
for the payment under any budget law.
(b) Bonds and interest coupons that have been received in exchange or paid
shall be cancelled, and the obligation for interest, not represented by
coupons, that has been discharged shall be evidenced by a written
acknowledgment of the exchange or payment.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-20)
Sec. 280-20.
Form of refunding bonds; use of tax proceeds.
(a) The refunding bonds shall be of a form and denomination, payable at a
place, bear a date, and be executed by officials as provided by the corporate
authorities of the township in the bond ordinance. They shall mature within not
more than 20 years from their date and may be made callable on any interest
payment date at par and accrued interest after notice has been given at the
time and in the manner provided in the bond ordinance.
(b) If there is no default in payment of the principal of or interest upon
the refunding bonds and if, after setting aside a sum of money equal to the
amount of interest that will accrue on the refunding bonds and a sum of
money equal to the amount of principal that will become due on the
refunding bonds within the next 6 months period, then the treasurer of the
township shall use the money available from the proceeds of taxes levied for
the payment of the refunding bonds in calling them for payment if, by their
terms, they are subject to redemption. A township may, however, provide in the
bond ordinance that whenever the township is not in default in payment of the
principal of or interest upon the refunding bonds and has set aside the
sums of money provided in this paragraph for interest accruing and
principal maturing within the next 6 months period, the money available
from the proceeds of taxes levied for the payment of refunding bonds shall
be used first in the purchase of the refunding bonds at the lowest price
obtainable (but not to exceed their par value and accrued interest) after
sealed tenders for their purchase have been advertised for as
directed by the corporate authorities of the township.
(c) Refunding bonds called for payment and paid or purchased under this
Section shall be marked paid and cancelled.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-25)
Sec. 280-25.
Abatement of taxes.
(a) Whenever any refunding bonds are purchased and cancelled under Section
280-20, the taxes thereafter to be extended for payment of the principal of and
interest on the remainder of the issue shall be reduced in an amount equal to
the principal of and the interest that would have thereafter accrued upon the
refunding bonds cancelled. A resolution shall be adopted by the corporate
authorities of the township finding these facts. A certified copy of this
resolution shall be filed with the county clerk specified in Section 280-10,
whereupon the county clerk shall reduce and extend the tax levies in
accordance with the resolution.
(b) Whenever refunding bonds are issued, proper reduction of taxes
previously levied for the payment of the bonds refunded and next to be
extended for collection shall be made by the county clerk upon receipt of
a certificate signed by the supervisor or other corresponding officer of
the township showing the bonds refunded and the tax to be abated.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-30)
Sec. 280-30.
Sinking fund.
(a) Money that becomes available from taxes that were levied for prior
years for payment of bonds or interest coupons that were paid or refunded
before those taxes were collected, after payment of all warrants that may
have been issued in anticipation of these taxes, shall be placed in the
sinking fund account provided in this Section. The account shall be used to
purchase, call for payment, or pay at maturity refunding bonds and
interest on those bonds as provided in this Section.
(b) Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the township designated as the Refunding Bond and Interest
Sinking Fund Account of (name of township).
This fund shall be faithfully applied to the purchase or payment of refunding
bonds and the interest on those bonds under this Article.
(c) If the money in the sinking fund is not immediately necessary for the
payment of refunding bonds or if refunding bonds cannot be purchased before
maturity, then, under the direction of the corporate authorities of the
township, the money may be invested by the treasurer of the township in
bonds or other interest bearing obligations of the United States or in
bonds of the State of Illinois.
(d) The maturity date of the securities in which the money in the sinking
fund is invested shall be before the due date of any issue of refunding bonds
of the investing township. The corporate authorities may sell these securities
whenever necessary to obtain cash to meet bond and interest payments.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-35)
Sec. 280-35.
Notice to owners of unpaid bonds; refunding plan.
(a) The corporate authorities of a township may take any action that
may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the township and the necessity of refunding its
unpaid bonds and readjusting the maturities of those bonds in order that
sufficient taxes may be collected to take care of these bonds and thus
re-establish the credit of the township.
(b) The corporate authorities may enter into any agreement required to
prepare and carry out any refunding plan and, without any previous
appropriation under any budget law, may incur and pay expenditures that may be
necessary in order to accomplish the refunding of the bonds of the township.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/280-40)
Sec. 280-40.
Application and construction.
This Article applies to any
township, regardless of the law under which it is organized and operating, and
constitutes complete authority for issuing refunding bonds under this Article
without reference to other laws. This Article shall be construed as conferring
powers in addition to, but not as limiting, powers granted under other laws.
(Source: Laws 1941, vol. 2, p. 489; P.A. 88-62.)
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(60 ILCS 1/Art. 285 heading) ARTICLE 285.
TOWNSHIP BOND
MONEY REFUNDS
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(60 ILCS 1/285-5)
Sec. 285-5. Payment of bond fund balance to township. (a)
Whenever
all the bonds
of any township have been fully paid and canceled and there remains in the
hands of the county collector of taxes or county treasurer, after the payment,
any balance to the credit of the bond fund of the township, the county
collector of taxes or county treasurer shall pay to the supervisor of the
township the balance of the fund in his hands, taking a receipt of the
supervisor for the payment, and the balance may be appropriated and expended in accordance with subsection (a) of Section 285-10. (b) Beginning on the effective date of this amendatory Act of the 93rd General Assembly and through December 31, 2004, whenever all the bonds of any township have been fully paid and canceled and there remains any balance to the credit of the bond fund of the township, including any amounts that were in the bond fund prior to the payment in full and cancellation of the bonds, in the hands of the township supervisor (other than amounts paid to the supervisor under subsection (a)), the balance may be appropriated and expended in accordance with subsection (b) of Section 285-10.
(Source: P.A. 93-1025, eff. 8-25-04.)
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(60 ILCS 1/285-10)
Sec. 285-10. Use of moneys. (a) Moneys paid to the township supervisor
under
subsection (a) of Section 285-5, may be appropriated and expended for defraying the general
charges and expenses of the township; for laying out, making, and repairing the
roads and bridges of the township and purchasing materials, implements, and
machinery for those undertakings; for the maintenance and operation of open spaces; and for the payment of any outstanding
orders, all in the manner and proportions the legal voters of the township
determine at their annual township meeting or special township meeting duly
called for that purpose. (b) Moneys in the hands of the township supervisor under subsection (b) of Section 285-5 may be appropriated and expended only for purposes relating to the purposes for which the bonds were issued.
(Source: P.A. 93-1025, eff. 8-25-04.)
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(60 ILCS 1/285-15)
Sec. 285-15.
Payment to highway commissioner.
Whenever a township board that obtains or receives
surplus moneys under Section 285-5 determines by
resolution that a particular amount or portion of the surplus
moneys be paid to the highway commissioner of the township
for road and bridge purposes as provided in Section 285-10, the
township supervisor shall pay that amount to the highway commissioner of
the township and take the highway commissioner's receipt for the payment.
(Source: P.A. 82-783; 88-62.)
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(60 ILCS 1/Art. 290 heading) ARTICLE 290.
SEVERABILITY
|
(60 ILCS 1/290-5)
Sec. 290-5.
Severability.
If any Section, paragraph, clause, or provision of
this Code is held invalid, the invalidity of that Section, paragraph, clause,
or provision shall not affect any other provision of this Code.
(Source: Laws 1945, p. 1735; P.A. 88-62.)
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(60 ILCS 1/Art. 305 heading) ARTICLE 305.
CODIFICATION PROVISIONS
|
(60 ILCS 1/305-105)
Sec. 305-105.
Prior law.
(a) A provision of this Code that is the same or substantially the same
as a prior law shall be construed as a continuation of the prior law and
not as a new or different law.
(b) A citation in another Act to an Act or to a Section of an Act that is
continued in this Code shall be construed to be a citation to that continued
provision in this Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/305-110)
Sec. 305-110.
Other Acts of the 88th General Assembly.
If any other Act of
the 88th General Assembly changes, adds, or repeals a provision of prior law
that is continued in this Code, then that change, addition, or repeal in the
other Act shall be construed together with this Code.
(Source: P.A. 88-62.)
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(60 ILCS 1/305-115)
Sec. 305-115.
Home rule; mandates.
Nothing in this Code as initially
enacted (i) is a denial or limitation on home rule powers where no denial
or limitation existed under prior law or (ii) creates a State mandate under
the State Mandates Act where no mandate existed under prior law.
(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 310 heading) ARTICLE 310.
REPEALS
|
(60 ILCS 1/310-105)
Sec. 310-105.
Repeals.
(a) The following Acts or parts of Acts are repealed:
Sections 36 through 36.6 of the Fees and Salaries | ||
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The Township Law of 1874.
The Township Annexation Act.
The Townships Within Cities Act.
The Township Consolidation Act.
The Town Hall Purchase Act.
The Town Hall and Multi-Purpose
Senior Center Act.
The Township Monument Act.
The Township Community Buildings Act.
The Township Comfort Station Act.
The Township Non-Sectarian Hospital Act.
The Town Hospital Act.
The Township Hospital Leasing Act.
The Township Waterworks Act.
The Township Bond Money Refund Act.
The Surplus Township Funds Transfer Act.
The Township Road Fund Transfer Act.
The Township Funds for Schools Act.
The Township Funds for Guidance Centers Act.
The Township Funds for Historical Societies Act.
The Township Refunding Bond Act.
The Township Purchasing Act.
The Township Zoning Act.
The Township Open Space Act.
The Township Refuse Collection and Disposal Act.
The Township Emergency Equipment Act.
The Township Cemetery Act.
The Joint Cemetery Act.
The Township Mental Health Facility Tax Act.
The Township Park Bond Act.
The Township Park Land Acquisition Act.
The Township Senior Citizens' Housing Act.
(b) The following laws are obsolete
and are, therefore, repealed without being continued in this Code:
Sections 7-3 and 7-4 (election of officers at town | ||
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Section 0.01 (short title) of the Township Annexation | ||
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Section 0.01 (short title) of the Townships Within | ||
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Section 0.01 (short title) of the Township | ||
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Section 0.01 (short title) of the Town Hall Purchase | ||
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Section 0.01 (short title)
of the Town Hall Act.
Section 0.01 (short title) of the Township Monument | ||
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Sections 0.01 (short title) and 12 (repealer) of the | ||
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Section 0.01 (short title) of the Township Comfort | ||
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Section 0.01 (short title) of the Township | ||
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Sections 0.01 (short title) and 6b (prompt payment) | ||
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Section 0.01 (short title) of the Township Hospital | ||
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Section 0.01 (short title) of the Township Waterworks | ||
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Section 0.01 (short title) of the Township Bond Money | ||
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Sections 0.01 (short title) and 4 (partial | ||
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Section 0.01 (short title) of the Township Road Fund | ||
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Section 0.01 (short title) of the Township Funds for | ||
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Section 0.01 (short title) of the Township Funds for | ||
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Section 0.01 (short title) of the Township Funds for | ||
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Section 0.01 (short title) of the Township Refunding | ||
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Section 0.01 (short title) of the Township Purchasing | ||
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Section 1 (short title)
of the Township Zoning Act.
Section 1 (short title) of the Township Open Space | ||
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Section 1 (short title) of the Township Refuse | ||
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Section 0.01 (short title) of the Township Emergency | ||
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Sections 0.01 (short title) and 1.2 (prompt payment) | ||
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Sections 0.01 (short title) and 13 (prompt payment) | ||
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Sections 0.1 (short title) and 5 (prompt payment) of | ||
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Section 0.01 (short title) of the Township Park Bond | ||
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Section 0.01 (short title) of the Township Park Land | ||
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Section 1 (short title) of the Township Senior | ||
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(Source: P.A. 88-62.)
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(60 ILCS 1/Art. 315 heading) ARTICLE 315.
EFFECTIVE DATE
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(60 ILCS 1/315-105)
Sec. 315-105.
Effective date.
This Act takes effect January 1, 1994.
(Source: P.A. 88-62.)
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