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| Public Act 094-0622 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing | ||||
Sections 115-10, 115-20, 120-10, 125-10, and 125-15 and by | ||||
adding Section 125-12 as follows:
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(60 ILCS 1/115-10)
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Sec. 115-10. Open space plan; petition.
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(a) A board desiring to enter upon an open space program | ||||
may do so only
after adoption of an open space plan under | ||||
Section 115-15. The board shall
commence preparation of an open | ||||
space plan under that Section only upon the
filing with the | ||||
township clerk of a petition signed by not less than 5% or 50,
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whichever is greater, of the registered voters of the township | ||||
(according to
the voting registration records at the time the | ||||
petition is filed) recommending
that the board commence | ||||
preparation of an open space plan. Within 5 business days after | ||||
the filing of the petition, the township clerk shall provide | ||||
public notice of the existence of the filed petition in the | ||||
same manner as notices of meetings of the township board are | ||||
provided. A hearing shall be conducted no less than 30 days | ||||
after the filing of the petition to determine the validity of | ||||
the petition, which may be challenged in accordance with the | ||||
general election law.
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(b) A proposed open space plan shall (i) identify all open | ||||
land within
the township that the board deems necessary to | ||||
acquire in order to
accomplish the purposes of the open space | ||||
program; (ii) state the ways in
which the acquisition of open | ||||
land will further open space purposes; (iii)
state the | ||||
estimated costs of implementing the proposed plan; (iv) state | ||||
the
approximate tax, per $100 of assessed value, that will be | ||||
levied to provide the
necessary funds for implementing the | ||||
proposed plan; (v) state the estimated
timetable for | ||
implementing the proposed plan; and (vi) establish standards | ||
and
procedures for establishing priorities for the acquisition | ||
of parcels
identified in the plan.
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(Source: P.A. 85-1140; 88-62.)
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(60 ILCS 1/115-20)
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Sec. 115-20. Referendum on recommended plan; petition.
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(a) If the board recommends adoption of the open space | ||
plan, or if a
subsequent petition is filed by not less than 5% | ||
or 50, whichever is greater, of the
registered voters of the | ||
township (according to the voting registration records
at the | ||
time the petition is filed) recommending adoption of the open | ||
space
plan, then the Board, within 30 days of making of the | ||
recommendation or the
approval
filing of the petition, shall | ||
file a petition with the township clerk,
requesting the clerk | ||
to submit to the voters of the township the question of
whether | ||
the township shall adopt the open space plan and enter upon an | ||
open
space program, with the power to acquire open land by | ||
purchase, condemnation
(except townships in counties having a | ||
population of more than 150,000 but
not more than 250,000),
or | ||
otherwise in the township and with the power to issue bonds for | ||
those
purposes under this Article. Approval of a petition | ||
recommending adoption of the open space plan shall be given if | ||
the petition is determined to be valid following public notice | ||
and a hearing consistent with the requirements of Section | ||
115-10 for the initial petition. The total amount of bonds to | ||
be issued under
this Section may not exceed 5% of the valuation | ||
of all taxable property in the
township and shall be set forth | ||
in the question as a dollar amount. The
township clerk shall | ||
certify that proposition
to the proper election officials, who | ||
shall submit the proposition to the
township voters at the next | ||
regular election. The referendum shall be
conducted and notice | ||
given in accordance with the general election law.
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(b) The question submitted to the voters at the election | ||
shall be in
substantially the following form:
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Shall (name of township) adopt the open space plan | ||
considered at the
public hearing on (date) and enter upon | ||
an open space program, and shall
the Township Board have | ||
the power (i) to acquire open land by purchase
(insert ", | ||
condemnation," if the township is in a county having a
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population of
more than 250,000) or otherwise, (ii) to | ||
issue bonds for open space
purposes in
an amount not | ||
exceeding $(amount), and (iii) to levy a tax to pay the | ||
principal of and interest on
those bonds, as provided in | ||
Article 115 of the Township Code?
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The votes shall be recorded as "Yes" or "No".
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(c) If a majority of the voters voting at the election on | ||
the question vote
in favor of the question, the township shall | ||
thereafter adopt the open space
plan recommended by the board | ||
or by the petition of the registered voters of
the township and | ||
shall enter upon an open space program under this Article. If
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the proposition does not receive the approval of a majority of | ||
the voters
voting at the election on the question, no | ||
proposition may be submitted to the
voters under this Section | ||
less than 23 months after the date of the election.
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(d) If a majority of the legal voters voting at referendum | ||
in any township
approved a proposition at the consolidated | ||
election in 2001 in reliance upon
and consistent with this | ||
Section 115-20 as it existed prior to the effective
date of | ||
Public Act 91-847, then that referendum and all actions taken | ||
in
reliance thereon are hereby validated and are legally | ||
binding in all
respects.
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(Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00; 92-6, | ||
eff. 6-7-01.)
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(60 ILCS 1/120-10)
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Sec. 120-10. Method of acquiring land. A township desiring | ||
to procure lands
for park purposes under this Article may | ||
purchase the lands from the owner or
owners or, in the | ||
discretion of the township board, may acquire the lands by
the | ||
exercise of the power of eminent domain in the manner provided | ||
by the laws
of this State for taking or damaging private | ||
property for public purposes. A township may not utilize | ||
eminent domain powers with respect to lands located within the | ||
boundaries of a municipality that is served by a municipal | ||
recreation department, or a park district.
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(Source: Laws 1915, p. 724; P.A. 88-62.)
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(60 ILCS 1/125-10)
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Sec. 125-10. Petition and referendum.
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(a) Legal
One hundred legal voters of a township numbering | ||
no less than 5% or 50, whichever is greater, of the registered | ||
voters of the township, may file a petition in writing in
the | ||
office of the circuit clerk in the county in which the township | ||
is located,
with a copy of such petition required to be filed | ||
on the same day with the township clerk, asking that a | ||
referendum be held to authorize the issuance of bonds for the
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purpose of providing funds for the purchase and improvement of | ||
one or more
public parks in the township. The petition shall | ||
designate the amount of bonds
proposed to be issued for the | ||
acquirement and improvement of the parks. Within 5 business | ||
days after the filing of the petition, the township clerk shall | ||
provide public notice of the existence of the filed petition in | ||
the same manner as notices of meetings of the township board | ||
are provided. After a hearing conducted no less than 30 days | ||
after the filing of the petition, at which time the validity of | ||
the petition may be challenged in accordance with the general | ||
election law
Upon
the filing of the petition, the circuit | ||
court, if it determines that the
petition conforms with the | ||
requirements of the law, shall certify the question
to the | ||
proper election officials, who shall submit the question at an | ||
election
to the legally qualified voters of the township. The | ||
court shall designate the
election at which the question shall | ||
be submitted. The notice of the referendum
shall state the | ||
amount of bonds proposed to be issued and identify any specific | ||
park acquisition or improvement projects intended to be | ||
supported by the bond proceeds, and the notice shall be
given | ||
and the referendum conducted in accordance with the general | ||
election law.
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(b) The proposition at the referendum shall be in | ||
substantially in one of the
following forms
form:
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Form A
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Shall (name of township) be authorized to issue park | ||
bonds to the
amount of $(amount) for the purpose of | ||
procuring and improving one or more
small parks?
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Form B
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Shall (name of township) be authorized to issue park | ||
bonds to the amount of $ (amount) for the purpose of | ||
(identify specific park acquisition or improvement | ||
projects)?
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The votes shall be recorded as "Yes" or "No".
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(c) If a majority of the votes cast upon the proposition | ||
are in favor of the
issuance of bonds, the township supervisor | ||
and township clerk shall issue the
bonds of the township not | ||
exceeding the amount voted upon at the township
election. The | ||
bonds shall become due not more than 20 years after their date,
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shall be in denominations of $100 or any multiple of $100, and | ||
shall bear
interest, evidenced by coupons, at the rate of not | ||
exceeding 5% per annum,
payable semiannually.
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(Source: Laws 1915, p. 722; P.A. 81-1489; 88-62.)
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(60 ILCS 1/125-12 new) | ||
Sec. 125-12. Public hearing following referendum approval.
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(a) Before the bonds shall be sold, the township board | ||
shall hold at least one public hearing on the subject of how | ||
the bond proceeds may be spent. In addition to providing no | ||
less than 15 days' advance public notice of such hearing in a | ||
manner consistent with meetings of the township board, notice | ||
of such public hearing shall be provided to all municipalities | ||
and park districts located within the township. All interested | ||
residents and local government officials within the township | ||
shall be afforded an opportunity to be heard during the public | ||
hearing. | ||
(b) When Form A of the referendum question is used, the | ||
township shall consider all legitimate park acquisition and | ||
improvement projects that are submitted in connection with the | ||
public hearing. When Form B of the referendum question is used, | ||
the township shall consider only those park acquisition and | ||
improvement projects that were identified in the question.
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(60 ILCS 1/125-15)
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Sec. 125-15. Supervisor's and clerk's certificate; tax; | ||
board of
park commissioners.
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(a) The bonds shall be sold, and the proceeds shall be | ||
used, solely for
the purpose of procuring and improving one or | ||
more parks in the township; specifically, the bond proceeds may | ||
be used in connection with one or more acquisition projects, | ||
one or more improvement projects, or a combination thereof. The | ||
bond proceeds may be used to support projects at parks operated | ||
by the township or, through grants or intergovernmental | ||
agreements, at parks operated by a municipality or park | ||
district. At or
before the time of the delivery of the bonds | ||
for value, the township supervisor
and township clerk shall | ||
file with the county clerk of the county in which the
township | ||
is situated their certificate in writing, under their | ||
signatures,
stating the amount of bonds to be issued, their | ||
denomination, and the rate of
interest and where payable. The | ||
certificate shall include a form of the bond
to be issued.
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(b) The supervisor and clerk shall levy a direct annual tax | ||
upon all the
taxable property in the township sufficient to pay | ||
the principal and interest
of the bonds as and when they | ||
respectively mature. The certificate filed with
the county | ||
clerk is full and complete authority to the county clerk to | ||
extend
the tax named in the certificate upon all the taxable | ||
property in the township.
The tax is in addition to all other | ||
taxes authorized by law.
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(c) If there is a board of park commissioners invested by | ||
law with control
over any park that lies wholly or in part in | ||
the township, the duties required
of the supervisor and clerk | ||
by this Section and subsection (c) of Section
125-10 shall be | ||
performed by the board of park commissioners or under its
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authority.
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(Source: P.A. 84-550; 88-62.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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