Public Act 90-0798 of the 90th General Assembly

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Public Act 90-0798

SB1203 Re-enrolled                             LRB9006856PTcw

    AN ACT to amend the Township Code by adding Article 207.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Township  Code  is  amended  by adding
Article 207 as follows:

    (60 ILCS 1/Art. 207 heading new)
                    ARTICLE 207. TOWNSHIP
                    SPECIAL SERVICE AREAS

    (60 ILCS 1/207-1 new)
    Sec. 207-1.  Short title. This Article may  be  cited  as
the Township Special Service Area Tax Law.

    (60 ILCS 1/207-5 new)
    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.

    (60 ILCS 1/207-10 new)
    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.

    (60 ILCS 1/207-15 new)
    Sec.  207-15.  Governing  body. The township board of the
township  is the governing body of a township special service
area.

    (60 ILCS 1/207-20 new)
    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.

    (60 ILCS 1/207-25 new)
    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.

    (60 ILCS 1/207-30 new)
    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.

    (60 ILCS 1/207-35 new)
    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.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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