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Public Act 91-0847
HB3188 Enrolled LRB9109491MWcs
AN ACT to amend the Township Code by changing Sections
115-20 and 115-105.
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
Sections 115-20 and 115-105 as follows:
(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space
plan, or if a 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 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. 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.
(b) The question submitted to the voters at the election
shall be in substantially the following form:
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
population of more than 250,000) or otherwise, (ii) to
issue bonds for open space purposes in an amount not
exceeding $(amount) 5% of the valuation of all taxable
property in the township, 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?
The votes shall be recorded as "Yes" or "No".
(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 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.
(Source: P.A. 91-641, eff. 8-20-99.)
(60 ILCS 1/115-105)
Sec. 115-105. Borrowing money; bonds. The township
board may borrow money and issue bonds, after referendum, for
the purpose of acquiring, developing, rehabilitating and
renovating open lands for open space purposes, as defined in
Section 115-5, pursuant to an open space program adopted as
provided in this Article, in and for the township in any
amount not to exceed 5% 5.75% on the valuation of taxable
property in the township, to be ascertained by the last
assessment for State and county taxes previous to the
incurring of such indebtedness or, until January 1, 1983, if
greater, the sum that is produced by multiplying the
township's 1978 equalized assessed valuation by the debt
limitation percentage on January 1, 1979.
Whenever the board desires to issue bonds under this
Article, or whenever the board receives a petition from 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, requesting the
board to issue bonds under this Article, the board,
concurrently with the filing of a petition with the township
clerk requesting him to submit to the voters of the township
at the next election the question of whether or not to adopt
an open space plan and enter upon an open space program,
shall certify that proposition to the proper election
officials who shall submit to the voters of the township at
the next election the question of whether or not the board
shall issue bonds to finance an open space program and
provide for the levy and collection of a direct annual tax
upon all taxable property within the township to meet the
principal and interest on the bonds as they mature, which tax
shall be in addition to and in excess of any other tax
authorized to be levied by the township. The amount of bonds
to be issued under this Section shall be set forth in the
question as a dollar amount. The election shall be conducted
and notice given in accordance with the general election law.
The question submitted to the voters at the election shall be
in substantially the following form:
Shall (name of township) issue bonds to finance the
acquisition, maintenance, development, rehabilitation and
renovation of open space lands for open space purposes as
provided by the Township Open Space Article of the
Township Code and levy and collect property taxes, in
excess of any other tax authorized to be levied by the
township, sufficient to meet the principal and interest
on the bonds as they mature, but not in an amount in
excess of $(amount) 5.75% on the valuation of taxable
property in the township?
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote
in favor of the question, the board shall issue bonds as
provided in this Article provided such bonds are issued
within 6 months after the voters vote favorably on such
question. If such 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 such voters
pursuant to this Section less than 23 months after the date
of such election.
The board shall then adopt a resolution authorizing the
issuance of such bonds, prescribing all the details thereof,
and stating the time or times when the principal thereof and
the interest on the bonds become payable, and the place of
payment thereof. The bonds must, however, be payable within
not less than 3 nor more than 40 years from date thereof, and
be issued to bear interest at not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. Such a resolution shall
provide for the levy and collection of a direct annual tax
upon all the taxable property within the corporate limits of
such township sufficient to meet the principal of and
interest on the bonds as they mature, which tax shall be in
addition to and in excess of any other tax authorized to be
levied by the township.
A certified copy of the resolution providing for the
issuance of any such bonds shall be filed with the county
clerk of the county in which the township is located and
constitutes the basis and authority of the county clerk for
the extension and collection of the tax necessary to pay the
principal of and interest upon the bonds issued under the
resolution.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-004, it is and always has
been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this
Article that may appear to be or to have been more
restrictive than those Acts, (ii) that the provisions of this
Section are not a limitation on the supplementary authority
granted by the Omnibus Bonds Acts, and (iii) that instruments
issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of
any provision of this Article that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 88-670, eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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