[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
91_SB1302sam001
LRB9113372MWdvam01
1 AMENDMENT TO SENATE BILL 1302
2 AMENDMENT NO. . Amend Senate Bill 1302 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Township Code is amended by changing
5 Sections 115-20 and 115-105 as follows:
6 (60 ILCS 1/115-20)
7 Sec. 115-20. Referendum on recommended plan; petition.
8 (a) If the board recommends adoption of the open space
9 plan, or if a petition is filed by not less than 5% or 50,
10 whichever is greater, of the registered voters of the
11 township (according to the voting registration records at the
12 time the petition is filed) recommending adoption of the open
13 space plan, then the Board, within 30 days of making of the
14 recommendation or the filing of the petition, shall file a
15 petition with the township clerk, requesting the clerk to
16 submit to the voters of the township the question of whether
17 the township shall adopt the open space plan and enter upon
18 an open space program, with the power to acquire open land by
19 purchase, condemnation (except townships in counties having a
20 population of more than 150,000 but not more than 250,000),
21 or otherwise in the township and with the power to issue
22 bonds for those purposes under this Article. The total amount
-2- LRB9113372MWdvam01
1 of bonds to be issued under this Section may not exceed 5% of
2 the valuation of all taxable property in the township and
3 shall be set forth in the question as a dollar amount. The
4 township clerk shall certify that proposition to the proper
5 election officials, who shall submit the proposition to the
6 township voters at the next regular election. The referendum
7 shall be conducted and notice given in accordance with the
8 general election law.
9 (b) The question submitted to the voters at the election
10 shall be in substantially the following form:
11 Shall (name of township) adopt the open space plan
12 considered at the public hearing on (date) and enter upon
13 an open space program, and shall the Township Board have
14 the power (i) to acquire open land by purchase (insert ",
15 condemnation," if the township is in a county having a
16 population of more than 250,000) or otherwise, (ii) to
17 issue bonds for open space purposes in an amount not
18 exceeding $(amount) 5% of the valuation of all taxable
19 property in the township, and (iii) to levy a tax to pay
20 the principal of and interest on those bonds, as provided
21 in Article 115 of the Township Code?
22 The votes shall be recorded as "Yes" or "No".
23 (c) If a majority of the voters voting at the election
24 on the question vote in favor of the question, the township
25 shall thereafter adopt the open space plan recommended by the
26 board or by the petition of the registered voters of the
27 township and shall enter upon an open space program under
28 this Article. If the proposition does not receive the
29 approval of a majority of the voters voting at the election
30 on the question, no proposition may be submitted to the
31 voters under this Section less than 23 months after the date
32 of the election.
33 (Source: P.A. 91-641, eff. 8-20-99.)
-3- LRB9113372MWdvam01
1 (60 ILCS 1/115-105)
2 Sec. 115-105. Borrowing money; bonds. The township
3 board may borrow money and issue bonds, after referendum, for
4 the purpose of acquiring, developing, rehabilitating and
5 renovating open lands for open space purposes, as defined in
6 Section 115-5, pursuant to an open space program adopted as
7 provided in this Article, in and for the township in any
8 amount not to exceed 5% 5.75% on the valuation of taxable
9 property in the township, to be ascertained by the last
10 assessment for State and county taxes previous to the
11 incurring of such indebtedness or, until January 1, 1983, if
12 greater, the sum that is produced by multiplying the
13 township's 1978 equalized assessed valuation by the debt
14 limitation percentage on January 1, 1979.
15 Whenever the board desires to issue bonds under this
16 Article, or whenever the board receives a petition from not
17 less than 5% or 50, whichever is greater, of the registered
18 voters of the township, according to the voting registration
19 records at the time the petition is filed, requesting the
20 board to issue bonds under this Article, the board,
21 concurrently with the filing of a petition with the township
22 clerk requesting him to submit to the voters of the township
23 at the next election the question of whether or not to adopt
24 an open space plan and enter upon an open space program,
25 shall certify that proposition to the proper election
26 officials who shall submit to the voters of the township at
27 the next election the question of whether or not the board
28 shall issue bonds to finance an open space program and
29 provide for the levy and collection of a direct annual tax
30 upon all taxable property within the township to meet the
31 principal and interest on the bonds as they mature, which tax
32 shall be in addition to and in excess of any other tax
33 authorized to be levied by the township. The amount of bonds
34 to be issued under this Section shall be set forth in the
-4- LRB9113372MWdvam01
1 question as a dollar amount. The election shall be conducted
2 and notice given in accordance with the general election law.
3 The question submitted to the voters at the election shall be
4 in substantially the following form:
5 Shall (name of township) issue bonds to finance the
6 acquisition, maintenance, development, rehabilitation and
7 renovation of open space lands for open space purposes as
8 provided by the Township Open Space Article of the
9 Township Code and levy and collect property taxes, in
10 excess of any other tax authorized to be levied by the
11 township, sufficient to meet the principal and interest
12 on the bonds as they mature, but not in an amount in
13 excess of $(amount) 5.75% on the valuation of taxable
14 property in the township?
15 The votes shall be recorded as "Yes" or "No".
16 If a majority of the voters voting on the question vote
17 in favor of the question, the board shall issue bonds as
18 provided in this Article provided such bonds are issued
19 within 6 months after the voters vote favorably on such
20 question. If such proposition does not receive the approval
21 of a majority of the voters voting at the election on the
22 question, no proposition may be submitted to such voters
23 pursuant to this Section less than 23 months after the date
24 of such election.
25 The board shall then adopt a resolution authorizing the
26 issuance of such bonds, prescribing all the details thereof,
27 and stating the time or times when the principal thereof and
28 the interest on the bonds become payable, and the place of
29 payment thereof. The bonds must, however, be payable within
30 not less than 3 nor more than 40 years from date thereof, and
31 be issued to bear interest at not to exceed the maximum rate
32 authorized by the Bond Authorization Act, as amended at the
33 time of the making of the contract. Such a resolution shall
34 provide for the levy and collection of a direct annual tax
-5- LRB9113372MWdvam01
1 upon all the taxable property within the corporate limits of
2 such township sufficient to meet the principal of and
3 interest on the bonds as they mature, which tax shall be in
4 addition to and in excess of any other tax authorized to be
5 levied by the township.
6 A certified copy of the resolution providing for the
7 issuance of any such bonds shall be filed with the county
8 clerk of the county in which the township is located and
9 constitutes the basis and authority of the county clerk for
10 the extension and collection of the tax necessary to pay the
11 principal of and interest upon the bonds issued under the
12 resolution.
13 With respect to instruments for the payment of money
14 issued under this Section either before, on, or after the
15 effective date of Public Act 86-004, it is and always has
16 been the intention of the General Assembly (i) that the
17 Omnibus Bond Acts are and always have been supplementary
18 grants of power to issue instruments in accordance with the
19 Omnibus Bond Acts, regardless of any provision of this
20 Article that may appear to be or to have been more
21 restrictive than those Acts, (ii) that the provisions of this
22 Section are not a limitation on the supplementary authority
23 granted by the Omnibus Bonds Acts, and (iii) that instruments
24 issued under this Section within the supplementary authority
25 granted by the Omnibus Bond Acts are not invalid because of
26 any provision of this Article that may appear to be or to
27 have been more restrictive than those Acts.
28 (Source: P.A. 88-670, eff. 12-2-94.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".