Bill Text: IL HB2820 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Township Code. Makes a technical change in a Section concerning contracts relating to insurance.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2820 Detail]

Download: Illinois-2011-HB2820-Amended.html

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Rep. Randy Ramey, Jr.

Filed: 3/10/2011

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AMENDMENT TO HOUSE BILL 2820
AMENDMENT NO. ______. Amend House Bill 2820 by replacing
everything after the enacting clause with the following:
"Section 5. The Township Code is amended by changing
Sections 30-10, 30-50, and 30-205 as follows:
(60 ILCS 1/30-10)
Sec. 30-10. Notice of meeting; agenda.
(a) Notice of the time and place of holding the annual and
any special township meetings shall be given by the township
clerk (or, in the clerk's absence, the supervisor, assessor, or
collector) by posting written or printed notices in 3 of the
most public places in the township at least 15 10 days before
the meeting and, if there is an English language newspaper
published in the township, by at least one publication in that
newspaper before the meeting. The notice shall set forth the
agenda for the meeting.

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(b) Agenda. Not less than 15 10 days before the annual
meeting, the township board shall adopt an agenda for the
annual meeting. Any 15 or more registered voters in the
township may request an agenda item for consideration by the
electors at the annual meeting by giving written notice of a
specific request to the township clerk no later than March 1
prior to the annual meeting. The agenda published by the
township board shall include any such request made by voters if
the request is relevant to powers granted to electors under the
Township Code.
(c) Additional agenda items. Any matter or proposal not set
forth in the published agenda shall not be considered at the
annual meeting other than advising that the matter may be
considered at a special meeting of the electors at a later
date.
(Source: P.A. 95-761, eff. 7-28-08.)
(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 or lease 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, or for up to 25 years if the lease is
for a wireless telecommunications tower, at fair market value,

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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 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 15 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

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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 15 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 $2,500 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

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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 $2,500 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
$2,500 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

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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 $2,500 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 $2,500 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 case, the township
board or commissioner may reject any and all bids. With respect

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to township or road district personal property valued for sale
at $2,500 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.
(e) A trade-in of machinery or equipment on new or
different machinery or equipment does not constitute the sale
of township or road district property.
(Source: P.A. 95-909, eff. 8-26-08.)
(60 ILCS 1/30-205)
Sec. 30-205. Advisory referenda. By a vote of the majority
of electors present at a town meeting, the electors may
authorize that an advisory question of public policy directly
related to the business of the township be placed on the ballot
at the next regularly scheduled election in the township. The
township board shall certify the question to the proper
election officials, who shall submit the question in accordance
with the general election law.
(Source: P.A. 89-331, eff. 8-17-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.".