Bill Text: IL HB2821 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Township Code. Makes a technical change in a Section concerning the purchase and use of property.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2821 Detail]

Download: Illinois-2011-HB2821-Amended.html

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Rep. Randy Ramey, Jr.

Filed: 3/15/2011

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AMENDMENT TO HOUSE BILL 2821
AMENDMENT NO. ______. Amend House Bill 2821 by replacing
everything after the enacting clause with the following:
"Section 5. The Township Code is amended by changing
Section 30-50 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 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,
of corporate property for which no use or need during the lease
period is anticipated at the time of leasing. The property may

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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 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

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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 for a term of up to
20 years 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 for a term of up to 20 years or sell the
real or personal property, describing the property in full, and
stating the terms and conditions the electors deem necessary

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and desirable for the lease for a term of up to 20 years 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
the township (if township property is involved) or at the

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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
to township or road district personal property valued for sale

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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.
(f) Before the township makes a lease of township or road
district real property for a term in excess of 20 years, they
shall give notice of intent to adopt such an ordinance. The
notice must be published on the township website, and if there
is none, at least once in a daily or weekly newspaper published
in the township, and if there is none, then in some paper
published in the county where the township is located. The
publication must be not less than 15 nor more than 30 days
before the date on which it is proposed to adopt such an
ordinance. The notice must contain an accurate description of
the property, state the purpose for which it is used and the
restrictions upon the proposed use of the property to be
leased. The township board may negotiate the consideration and
terms of the lease. The consideration may include the provision
of off-street parking facilities by the lessee, which parking
facilities may be made part of the township parking system. The

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consideration also may include the provision of other public
facilities by the lessee on the real estate acquired. The
consideration also may include provisions in the case of a
sublease by the lessee to another party. The township board may
contract with the lessee for the use of a portion of a
structure or improvement to be constructed on the real estate
leased.
(Source: P.A. 95-909, eff. 8-26-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.".