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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB3188
LRB9109491MWcs
1 AN ACT to amend the Township Code by changing Sections
2 115-20 and 115-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Township Code is amended by changing
6 Sections 115-20 and 115-105 as follows:
7 (60 ILCS 1/115-20)
8 Sec. 115-20. Referendum on recommended plan; petition.
9 (a) If the board recommends adoption of the open space
10 plan, or if a petition is filed by not less than 5% or 50,
11 whichever is greater, of the registered voters of the
12 township (according to the voting registration records at the
13 time the petition is filed) recommending adoption of the open
14 space plan, then the Board, within 30 days of making of the
15 recommendation or the filing of the petition, shall file a
16 petition with the township clerk, requesting the clerk to
17 submit to the voters of the township the question of whether
18 the township shall adopt the open space plan and enter upon
19 an open space program, with the power to acquire open land by
20 purchase, condemnation (except townships in counties having a
21 population of more than 150,000 but not more than 250,000),
22 or otherwise in the township and with the power to issue
23 bonds for those purposes under this Article. The total amount
24 of bonds to be issued under this Section may not exceed 5% of
25 the valuation of all taxable property in the township and
26 shall be set forth in the question as a dollar amount. The
27 township clerk shall certify that proposition to the proper
28 election officials, who shall submit the proposition to the
29 township voters at the next regular election. The referendum
30 shall be conducted and notice given in accordance with the
31 general election law.
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1 (b) The question submitted to the voters at the election
2 shall be in substantially the following form:
3 Shall (name of township) adopt the open space plan
4 considered at the public hearing on (date) and enter upon
5 an open space program, and shall the Township Board have
6 the power (i) to acquire open land by purchase (insert ",
7 condemnation," if the township is in a county having a
8 population of more than 250,000) or otherwise, (ii) to
9 issue bonds for open space purposes in an amount not
10 exceeding $(amount) 5% of the valuation of all taxable
11 property in the township, and (iii) to levy a tax to pay
12 the principal of and interest on those bonds, as provided
13 in Article 115 of the Township Code?
14 The votes shall be recorded as "Yes" or "No".
15 (c) If a majority of the voters voting at the election
16 on the question vote in favor of the question, the township
17 shall thereafter adopt the open space plan recommended by the
18 board or by the petition of the registered voters of the
19 township and shall enter upon an open space program under
20 this Article. If the proposition does not receive the
21 approval of a majority of the voters voting at the election
22 on the question, no proposition may be submitted to the
23 voters under this Section less than 23 months after the date
24 of the election.
25 (Source: P.A. 91-641, eff. 8-20-99.)
26 (60 ILCS 1/115-105)
27 Sec. 115-105. Borrowing money; bonds. The township
28 board may borrow money and issue bonds, after referendum, for
29 the purpose of acquiring, developing, rehabilitating and
30 renovating open lands for open space purposes, as defined in
31 Section 115-5, pursuant to an open space program adopted as
32 provided in this Article, in and for the township in any
33 amount not to exceed 5.75% on the valuation of taxable
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1 property in the township, to be ascertained by the last
2 assessment for State and county taxes previous to the
3 incurring of such indebtedness or, until January 1, 1983, if
4 greater, the sum that is produced by multiplying the
5 township's 1978 equalized assessed valuation by the debt
6 limitation percentage on January 1, 1979.
7 Whenever the board desires to issue bonds under this
8 Article, or whenever the board receives a petition from not
9 less than 5% or 50, whichever is greater, of the registered
10 voters of the township, according to the voting registration
11 records at the time the petition is filed, requesting the
12 board to issue bonds under this Article, the board,
13 concurrently with the filing of a petition with the township
14 clerk requesting him to submit to the voters of the township
15 at the next election the question of whether or not to adopt
16 an open space plan and enter upon an open space program,
17 shall certify that proposition to the proper election
18 officials who shall submit to the voters of the township at
19 the next election the question of whether or not the board
20 shall issue bonds to finance an open space program and
21 provide for the levy and collection of a direct annual tax
22 upon all taxable property within the township to meet the
23 principal and interest on the bonds as they mature, which tax
24 shall be in addition to and in excess of any other tax
25 authorized to be levied by the township. The amount of bonds
26 to be issued under this Section shall be set forth in the
27 question as a dollar amount. The election shall be conducted
28 and notice given in accordance with the general election law.
29 The question submitted to the voters at the election shall be
30 in substantially the following form:
31 Shall (name of township) issue bonds to finance the
32 acquisition, maintenance, development, rehabilitation and
33 renovation of open space lands for open space purposes as
34 provided by the Township Open Space Article of the
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1 Township Code and levy and collect property taxes, in
2 excess of any other tax authorized to be levied by the
3 township, sufficient to meet the principal and interest
4 on the bonds as they mature, but not in an amount in
5 excess of $(amount) 5.75% on the valuation of taxable
6 property in the township?
7 The votes shall be recorded as "Yes" or "No".
8 If a majority of the voters voting on the question vote
9 in favor of the question, the board shall issue bonds as
10 provided in this Article provided such bonds are issued
11 within 6 months after the voters vote favorably on such
12 question. If such proposition does not receive the approval
13 of a majority of the voters voting at the election on the
14 question, no proposition may be submitted to such voters
15 pursuant to this Section less than 23 months after the date
16 of such election.
17 The board shall then adopt a resolution authorizing the
18 issuance of such bonds, prescribing all the details thereof,
19 and stating the time or times when the principal thereof and
20 the interest on the bonds become payable, and the place of
21 payment thereof. The bonds must, however, be payable within
22 not less than 3 nor more than 40 years from date thereof, and
23 be issued to bear interest at not to exceed the maximum rate
24 authorized by the Bond Authorization Act, as amended at the
25 time of the making of the contract. Such a resolution shall
26 provide for the levy and collection of a direct annual tax
27 upon all the taxable property within the corporate limits of
28 such township sufficient to meet the principal of and
29 interest on the bonds as they mature, which tax shall be in
30 addition to and in excess of any other tax authorized to be
31 levied by the township.
32 A certified copy of the resolution providing for the
33 issuance of any such bonds shall be filed with the county
34 clerk of the county in which the township is located and
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1 constitutes the basis and authority of the county clerk for
2 the extension and collection of the tax necessary to pay the
3 principal of and interest upon the bonds issued under the
4 resolution.
5 With respect to instruments for the payment of money
6 issued under this Section either before, on, or after the
7 effective date of Public Act 86-004, it is and always has
8 been the intention of the General Assembly (i) that the
9 Omnibus Bond Acts are and always have been supplementary
10 grants of power to issue instruments in accordance with the
11 Omnibus Bond Acts, regardless of any provision of this
12 Article that may appear to be or to have been more
13 restrictive than those Acts, (ii) that the provisions of this
14 Section are not a limitation on the supplementary authority
15 granted by the Omnibus Bonds Acts, and (iii) that instruments
16 issued under this Section within the supplementary authority
17 granted by the Omnibus Bond Acts are not invalid because of
18 any provision of this Article that may appear to be or to
19 have been more restrictive than those Acts.
20 (Source: P.A. 88-670, eff. 12-2-94.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.