Public Act 098-0549
 
SB2268 EnrolledLRB098 08990 OMW 39125 b


  
    AN ACT concerning local government.
  
 
    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 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 
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

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 property, the electors shall adopt a 
resolution
stating
the intent to lease or sell the real 
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).

    Anytime during the year, the township or township road 
district may lease or sell dispose of personal property by a 
vote of the township board or request of the township highway 
commissioner.

    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 $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 
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 real or personal property 
is declared
surplus by the electors township board or the 
highway commissioner and sold to another governmental body.

    The township board or the highway commissioner may 
authorize the sale of personal property by public auction 
conducted by an auctioneer licensed under the Auction License 
Act or through an approved Internet auction service. 
    (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. 97-337, eff. 8-12-11.)

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