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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1302
SRS91S0062NCch
1 AN ACT to amend the Township Code by changing Sections
2 115-20 and 115-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Township Code is amended by changing
6 Sections 115-20 and 115-105 as follows:
7 (60 ILCS 1/115-20)
8 Sec. 115-20. Referendum on recommended plan; petition.
9 (a) If the board recommends adoption of the open space
10 plan, or if a petition is filed by not less than 5% or 50,
11 whichever is greater, of the registered voters of the
12 township (according to the voting registration records at the
13 time the petition is filed) recommending adoption of the open
14 space plan, then the Board, within 30 days of making of the
15 recommendation or the filing of the petition, shall file a
16 petition with the township clerk, requesting the clerk to
17 submit to the voters of the township the question of whether
18 the township shall adopt the open space plan and enter upon
19 an open space program, with the power to acquire open land by
20 purchase, condemnation, or otherwise in the township and with
21 the power to issue bonds for those purposes under this
22 Article. The total amount of bonds to be issued under this
23 Section may not exceed 5.75% of the valuation of all taxable
24 property in the township and shall be set forth in the
25 question as a dollar amount. The township clerk shall certify
26 that proposition to the proper election officials, who shall
27 submit the proposition to the township voters at the next
28 regular election. The referendum shall be conducted and
29 notice given in accordance with the general election law.
30 (b) The question submitted to the voters at the election
31 shall be in substantially the following form:
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1 Shall (name of township) adopt the open space plan
2 considered at the public hearing on (date) and enter upon
3 an open space program, and shall the Township Board have
4 the power (i) to acquire open land by purchase,
5 condemnation, or otherwise, (ii) to issue bonds for open
6 space purposes in an amount not exceeding $(amount) 5% of
7 the valuation of all taxable property in the township,
8 and (iii) to levy a tax to pay the principal of and
9 interest on those bonds, as provided in Article 115 of
10 the Township Code?
11 The votes shall be recorded as "Yes" or "No".
12 (c) If a majority of the voters voting at the election
13 on the question vote in favor of the question, the township
14 shall thereafter adopt the open space plan recommended by the
15 board or by the petition of the registered voters of the
16 township and shall enter upon an open space program under
17 this Article. If the proposition does not receive the
18 approval of a majority of the voters voting at the election
19 on the question, no proposition may be submitted to the
20 voters under this Section less than 23 months after the date
21 of the election.
22 (Source: P.A. 85-1140; 88-62.)
23 (60 ILCS 1/115-105)
24 Sec. 115-105. Borrowing money; bonds. The township
25 board may borrow money and issue bonds, after referendum, for
26 the purpose of acquiring, developing, rehabilitating and
27 renovating open lands for open space purposes, as defined in
28 Section 115-5, pursuant to an open space program adopted as
29 provided in this Article, in and for the township in any
30 amount not to exceed 5.75% on the valuation of taxable
31 property in the township, to be ascertained by the last
32 assessment for State and county taxes previous to the
33 incurring of such indebtedness or, until January 1, 1983, if
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1 greater, the sum that is produced by multiplying the
2 township's 1978 equalized assessed valuation by the debt
3 limitation percentage on January 1, 1979.
4 Whenever the board desires to issue bonds under this
5 Article, or whenever the board receives a petition from not
6 less than 5% or 50, whichever is greater, of the registered
7 voters of the township, according to the voting registration
8 records at the time the petition is filed, requesting the
9 board to issue bonds under this Article, the board,
10 concurrently with the filing of a petition with the township
11 clerk requesting him to submit to the voters of the township
12 at the next election the question of whether or not to adopt
13 an open space plan and enter upon an open space program,
14 shall certify that proposition to the proper election
15 officials who shall submit to the voters of the township at
16 the next election the question of whether or not the board
17 shall issue bonds to finance an open space program and
18 provide for the levy and collection of a direct annual tax
19 upon all taxable property within the township to meet the
20 principal and interest on the bonds as they mature, which tax
21 shall be in addition to and in excess of any other tax
22 authorized to be levied by the township. The amount of bonds
23 to be issued under this Section shall be set forth in the
24 question as a dollar amount. The election shall be conducted
25 and notice given in accordance with the general election law.
26 The question submitted to the voters at the election shall be
27 in substantially the following form:
28 Shall (name of township) issue bonds to finance the
29 acquisition, maintenance, development, rehabilitation and
30 renovation of open space lands for open space purposes as
31 provided by the Township Open Space Article of the
32 Township Code and levy and collect property taxes, in
33 excess of any other tax authorized to be levied by the
34 township, sufficient to meet the principal and interest
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1 on the bonds as they mature, but not in an amount in
2 excess of $(amount) 5.75% on the valuation of taxable
3 property in the township?
4 The votes shall be recorded as "Yes" or "No".
5 If a majority of the voters voting on the question vote
6 in favor of the question, the board shall issue bonds as
7 provided in this Article provided such bonds are issued
8 within 6 months after the voters vote favorably on such
9 question. If such proposition does not receive the approval
10 of a majority of the voters voting at the election on the
11 question, no proposition may be submitted to such voters
12 pursuant to this Section less than 23 months after the date
13 of such election.
14 The board shall then adopt a resolution authorizing the
15 issuance of such bonds, prescribing all the details thereof,
16 and stating the time or times when the principal thereof and
17 the interest on the bonds become payable, and the place of
18 payment thereof. The bonds must, however, be payable within
19 not less than 3 nor more than 40 years from date thereof, and
20 be issued to bear interest at not to exceed the maximum rate
21 authorized by the Bond Authorization Act, as amended at the
22 time of the making of the contract. Such a resolution shall
23 provide for the levy and collection of a direct annual tax
24 upon all the taxable property within the corporate limits of
25 such township sufficient to meet the principal of and
26 interest on the bonds as they mature, which tax shall be in
27 addition to and in excess of any other tax authorized to be
28 levied by the township.
29 A certified copy of the resolution providing for the
30 issuance of any such bonds shall be filed with the county
31 clerk of the county in which the township is located and
32 constitutes the basis and authority of the county clerk for
33 the extension and collection of the tax necessary to pay the
34 principal of and interest upon the bonds issued under the
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1 resolution.
2 With respect to instruments for the payment of money
3 issued under this Section either before, on, or after the
4 effective date of Public Act 86-004, it is and always has
5 been the intention of the General Assembly (i) that the
6 Omnibus Bond Acts are and always have been supplementary
7 grants of power to issue instruments in accordance with the
8 Omnibus Bond Acts, regardless of any provision of this
9 Article that may appear to be or to have been more
10 restrictive than those Acts, (ii) that the provisions of this
11 Section are not a limitation on the supplementary authority
12 granted by the Omnibus Bonds Acts, and (iii) that instruments
13 issued under this Section within the supplementary authority
14 granted by the Omnibus Bond Acts are not invalid because of
15 any provision of this Article that may appear to be or to
16 have been more restrictive than those Acts.
17 (Source: P.A. 88-670, eff. 12-2-94.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.