Public Act 90-0751 of the 90th General Assembly
Public Act 90-0751
HB2580 Enrolled LRB9008724PTsb
AN ACT to amend the Township Code by changing Sections
30-50, 210-15, and 210-20 and repealing Section 105-30.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing
Sections 30-50, 210-15, and 210-20 as follows:
(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 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 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 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 town 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 10 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 10 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 or personal property, unless
the personal property has a sale value of $200 or less, the
electors shall adopt a resolution stating the intent to lease
or sell the real or personal 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).
When a township sells township or road district personal
property valued for sale at $200 or less, the electors are
not required to adopt a resolution. Prior to the sale, the
clerk shall prepare a notice stating the intent of the
township or road district to sell personal property with a
sale value of $200 or less and describing the property in
full.
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, except personal property valued
for sale at $200 or less, 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, except personal property valued
for sale at $200 or less, 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 either case, the
township board or commissioner may reject any and all bids.
With respect to township or road district personal property
valued for sale at $200 or less, the clerk shall accept at
least 2 bids and the township board or highway commissioner
shall accept the highest bid. 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
property is declared surplus by the electors and sold to
another governmental body.
(Source: P.A. 88-62; incorporates 88-356; 88-670, eff.
12-2-94; 89-100, eff. 7-7-95; 89-331, eff. 8-17-95; 89-626,
eff. 8-9-96.)
(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 special refuse collection and disposal district for tax
purposes. Proof of the declaration authorizes the county
clerk to extend a tax upon the special refuse collection
and disposal district in the amount specified in the
annual township tax levy, but not more than a rate of
0.15% of the value of taxable property as equalized or
assessed by the Department of Revenue. The maximum tax
rate of 0.15% authorized by this Section may be increased
to not more than 0.20% according to the referendum
provisions of the General Revenue Law of Illinois.
(2) Provide in the contract that the users of the
services described in items (i) and (ii) of subsection
(a) shall pay the costs of the services directly to the
service provider.
(Source: P.A. 86-641; 88-62.)
(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. 82-783; 88-62.)
(60 ILCS 1/105-30 rep.)
Section 10. The Township Code is amended by repealing
Section 105-30.