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90_SB1203ren
60 ILCS 1/Art. 207 heading new
60 ILCS 1/207-5 new
60 ILCS 1/207-10 new
60 ILCS 1/207-15 new
60 ILCS 1/207-20 new
60 ILCS 1/207-25 new
60 ILCS 1/207-30 new
60 ILCS 1/207-35 new
60 ILCS 1/207-40 new
60 ILCS 1/207-45 new
60 ILCS 1/207-50 new
Amends the Township Code. Authorizes a township in a
county with a population of more than 3,000,000 to fund and
provide special services for its streets, street lighting,
sidewalks, sewer and water systems, alleys, and other
necessary adjuncts, by establishing a special service area.
Provides for notice and hearings on the creation or
enlargement of a special service area, the levy of a tax or
the issuance of bonds for the special services, and the
disconnection of territory from the area. Provides that a
timely filed petition signed by 51% of the area's electors
and 51% of the area's owners of record shall prevent the
township from creating or enlarging a special service area,
levying or increasing a tax for the special services, or
issuing bonds to provide the special services. Effective
immediately.
LRB9006856PTcw
SB1203 Re-enrolled LRB9006856PTcw
1 AN ACT to amend the Township Code by adding Article 207.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Township Code is amended by adding
5 Article 207 as follows:
6 (60 ILCS 1/Art. 207 heading new)
7 ARTICLE 207. TOWNSHIP
8 SPECIAL SERVICE AREAS
9 (60 ILCS 1/207-1 new)
10 Sec. 207-1. Short title. This Article may be cited as
11 the Township Special Service Area Tax Law.
12 (60 ILCS 1/207-5 new)
13 Sec. 207-5. Definitions. In this Article:
14 "Township special service area" means a contiguous area
15 within a township in a county with a population of more than
16 3,000,000 in which special services are provided in addition
17 to those services provided generally throughout the township.
18 Territory is considered contiguous even though one or more
19 completely surrounded portions of the territory are excluded
20 from the township special service area.
21 "Special services" means the land acquisition,
22 development, construction, and maintenance of streets, street
23 lighting, sidewalks, sanitary sewer systems, storm sewer
24 systems, water systems, alleys, and other necessary adjuncts
25 within the township special service area.
26 (60 ILCS 1/207-10 new)
27 Sec. 207-10. Provision of township special services. A
28 township special service area may be established in a
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1 township as provided in this Article. The cost of the
2 special services shall be paid by bonds issued as provided in
3 this Article. If a township exercises the power granted in
4 this Article to issue bonds for township special services,
5 then an ad valorem tax shall be levied upon property within
6 the township special service area to retire the bonds in
7 accordance with this Article.
8 (60 ILCS 1/207-15 new)
9 Sec. 207-15. Governing body. The township board of the
10 township is the governing body of a township special service
11 area.
12 (60 ILCS 1/207-20 new)
13 Sec. 207-20. Proposal of referendum to establish a
14 township special service area. The question of establishing
15 a township special service area may be presented to the legal
16 voters of an area by resolution of the township board of the
17 township in which the area lies, or by petition of the voters
18 acting on their own initiative. Referenda initiated under
19 this Section are subject to the provisions and limitations of
20 the Election Code.
21 A resolution by the corporate authorities to initiate a
22 referendum under this Section must include, at a minimum, the
23 following: the special services to be provided; the
24 boundaries of the proposed special service area by general
25 description and the property index numbers of the parcels
26 within the proposed township special service area; the
27 maximum amount of bonds to be issued and the period of time
28 over which the bonds will be retired; the stated need and
29 local support for the proposed township special service area;
30 and the election at which the proposition is to be submitted
31 to the electors in the proposed township special service
32 area. The township clerk shall certify the question to the
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1 proper election officials who shall submit the question to
2 the voters at the next regular election under the Election
3 Code.
4 A petition for a referendum on this question on the
5 voters' own initiative must be signed by not fewer than 10%
6 of the legal voters in the proposed township special service
7 area and must include, at a minimum, the following: the
8 special services to be provided; the boundaries of the
9 proposed special service area by general description and the
10 property index numbers of the parcels within the proposed
11 township special service area; the maximum amount of bonds to
12 be issued and the period of time over which the bonds will be
13 retired; the stated need and local support for the proposed
14 township special service area; and the election at which the
15 proposition is to be submitted to the electors in the
16 proposed township special service area. The petition shall
17 be filed with the township clerk. The township clerk shall
18 certify the question to the proper election officials who
19 shall submit the question to the voters at the next regular
20 election under the Election Code.
21 (60 ILCS 1/207-25 new)
22 Sec. 207-25. Referendum for establishment of township
23 special service area. The question on the ballot shall be
24 submitted to the voters in the proposed township special
25 service area in substantially the following form:
26 "Shall (name of township) Township be authorized to
27 establish a Township Special Service Area to provide the
28 special services of (list of special services) in the
29 territory described as (general description of proposed
30 boundaries) and to issue bonds in an amount not to exceed
31 $(amount) which will be retired over a period of (number of
32 years) years from (date) by taxes levied upon property within
33 the Township Special Service Area?"
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1 The votes shall be recorded as "Yes" or "No".
2 If a majority of the electors voting on the question vote
3 in the affirmative, the township board may, by ordinance,
4 establish the township special service area, issue bonds up
5 to the maximum amount authorized, and levy an ad valorem tax
6 upon the property in the township special service area to
7 retire the bonds in accordance with this Article. If the
8 area is within one or more municipalities, the township board
9 may not establish the township special service area, issue
10 bonds, or levy a tax until the municipality or municipalities
11 have certified to the township clerk an ordinance consenting
12 to the creation of the township special service area. A
13 township may establish a township special service area within
14 the unincorporated area of a county without the consent of
15 the county.
16 (60 ILCS 1/207-30 new)
17 Sec. 207-30. Issuance of bonds. Bonds secured by the
18 full faith and credit of the area included in the township
19 special service area may be issued for providing the special
20 services in an amount not to exceed the amount authorized by
21 the voters at the referendum under Section 207-25 and not to
22 be retired over a longer period of time than authorized at
23 the referendum. Bonds, when so issued, shall be retired by
24 the levy of ad valorem taxes against all of the taxable real
25 property included in the township special service area as
26 provided in the referendum establishing the township special
27 service area and authorizing the issuance of the bonds. The
28 county clerk shall annually extend ad valorem taxes against
29 all of the taxable property situated in the county and
30 contained in the special service area in amounts sufficient
31 to pay maturing principal and interest of those bonds without
32 limitation as to rate or amount and in addition to and in
33 excess of any taxes that may now or hereafter be authorized
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1 to be levied by the township. Bonds issued pursuant to this
2 Article shall not be regarded as indebtedness of the township
3 for the purpose of any limitation imposed by any law.
4 All bonds shall be issued in accordance with the
5 provisions of the Local Government Debt Reform Act.
6 (60 ILCS 1/207-35 new)
7 Sec. 207-35. Extension of tax levy. If bonds are issued
8 under this Article and a property tax is levied, the tax
9 shall be extended by the county clerk in the township special
10 service area in the manner provided by Articles 1 through 26
11 of the Property Tax Code based on equalized assessed values
12 as established under Articles 1 through 26 of the Property
13 Tax Code, and billed and collected in the manner provided by
14 Articles 1 through 26 of the Property Tax Code. The township
15 clerk shall file with the county clerk and also with the
16 county recorder a certified copy of the ordinance creating
17 the special service area; a list of the special services to
18 be provided; the boundaries of the special service area by
19 complete legal description and by an accurate map; a list of
20 the property index numbers of the parcels within the township
21 special service area; the maximum amount of bonds to be
22 issued and the period of time over which the bonds will be
23 retired. The corporate authorities of the township may levy
24 taxes in the township special service area prior to the date
25 the levy must be filed with the county clerk, for the same
26 year in which the information required in this Section is
27 filed with the county clerk. In addition, the corporate
28 authorities shall file a certified copy of each ordinance
29 levying ad valorem taxes to retire the bonds in accordance
30 with the time requirement to levy for bonds specified in the
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1 Local Government Debt Reform Act.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.