2023 Illinois Compiled Statutes › Chapter 60 - TOWNSHIPS › 60 ILCS 1/ - Township Code. › Article 85 - Township Corporate Powers, Generally

(60 ILCS 1/Art. 85 heading)
ARTICLE 85.  
		TOWNSHIP
CORPORATE POWERS, GENERALLY
(60 ILCS 1/85-5)
Sec. 85-5. 
		Corporate name. 
		The corporate name of each township shall be
either ".... Township" or "The Town of .... (name of township)". All acts done
by the township and all actions by or against the township shall be in its
corporate name.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/85-10)
Sec. 85-10. Township corporate powers.
(a) Every township has the corporate capacity to exercise the
powers granted to it, or necessarily implied, and no
others. Every township has the powers specified in this Section.
(b) A township may sue and be sued.
(c) A township may acquire (by purchase, gift, or legacy) and hold property,
both real and personal, for the use of its inhabitants and may sell and
convey that property. A township may purchase any real estate or personal
property for public purposes under contracts providing for payment in
installments over a period of time of not more than 20 years in the case of
real estate and not more than 10 years in the case of personal property.
A township may finance the purchase of any real estate or personal property
for public purpose under finance contracts providing for payment in
installments over a period of time of not more than 20 years in the case of
real estate and not more than 10 years in the case of personal property.
A township may construct a township hall under contracts providing for payment
over a period of time of not more than 20 years. The interest on the unpaid
balance shall not exceed that permitted in the Bond Authorization Act.
(d) A township may make all contracts necessary in the exercise of the
township's powers.
(e) A township may expend or contract for the expenditure of any federal
funds made available to the township by law for any purpose for which taxes
imposed upon township property or property within the township may be expended.
(f) A township may acquire (singly or jointly with a municipality or
municipalities) land or any interest in land located within its township
limits.  The township may acquire the land or interest by gift, purchase, or
otherwise, but not by condemnation.  A township may (singly or jointly) improve
or arrange for the improvement of the land for industrial  or commercial
purposes and may donate and convey the land or interest in land so acquired
and so improved to the Illinois Finance Authority.
(g) (Blank)
(h) It is the policy of this State that all powers granted either expressly
or by necessary implication by this Code, any other Illinois statute, or the
Illinois Constitution to townships may be exercised by those
townships notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to townships to the extent
their activities are authorized by law as stated in this Code.
(i) A township may receive funds under the federal Housing and
Community Development Act of 1974 and may expend or contract for the
expenditure of those funds and other township funds for the
activities specified in Section 105 of that Act.  The powers granted under this
subsection (i) are in addition to powers otherwise possessed by a township and
shall not be construed as a limitation of those other powers.
(j) A township may establish reasonable fees for recreation and
instructional programs sponsored by the township.
(Source: P.A. 97-549, eff. 8-25-11.)
(60 ILCS 1/85-12)
Sec. 85-12. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(60 ILCS 1/85-13)
Sec. 85-13. Township services, generally.
(a) The township board may either expend funds directly or may enter into
any cooperative agreement or contract with any other governmental entity,
not-for-profit corporation, non-profit community service association, or any
for-profit business entity as provided in subsection (b) with respect to the
expenditure of township funds, or funds made available to the township under
the federal State and Local Fiscal Assistance Act of 1972, to provide any of
the following services to the residents of the township:
(1) Ordinary and necessary maintenance and operating     expenses for the following:
(A) Public safety (including law enforcement,         fire protection, and building code enforcement).
(B) Environmental protection (including sewage         disposal, sanitation, and pollution abatement).
(C) Public transportation (including transit         systems, paratransit systems, and streets and roads).
(D) Health, including mental, behavioral, eye,         dental, or other healthcare.
(E) Recreation.
(F) Libraries.
(G) Social services for the poor and aged.
(2) Ordinary and necessary capital expenditures     authorized by law.
(3) Development and retention of business,     industrial, manufacturing, and tourist facilities within the township.
(b) To be eligible to receive funds from the township under this Section, a
private not-for-profit corporation or community service association shall have
been in existence at least one year before receiving the funds. The township
board may, however, for the purpose of providing day care services, contract
with day care facilities licensed under the Child Care Act of 1969, regardless
of whether the facilities are organized on a for-profit or not-for-profit
basis.
(c) Township governments that directly expend or contract for day care
shall use the standard of need established by the Department of Children and
Family Services in determining recipients of subsidized day care and shall use
the rate schedule used by the Department of Children and Family Services for
the purchase of subsidized day care. Notwithstanding the preceding sentence, the township board may approve the application of a different, publicly available, professional  or academically recognized standard of need in determining eligibility for subsidized day care.
(d) Township governments that directly expend or contract for senior
citizen services may contract with for-profit (or not-for-profit) and
non-sectarian organizations as provided in Sections 220-15 and 220-35.
(e) Those township supervisors or other elected township officials who are
also members of a county board shall not vote on questions before the township
board or the county board that relate to agreements or contracts between the
township and the county under this Section or agreements or contracts between
the township and the county that are otherwise authorized by law.
(f) The township board may enter into direct agreements with for-profit
corporations or other business entities to carry out recycling programs in
unincorporated areas of the township.
The township board may by ordinance administer a recycling program or adopt rules and regulations relating to
recycling programs in unincorporated areas of the township that it from time to
time deems necessary and may provide penalties for violations of those rules
and regulations.
(g) For purposes of alleviating high unemployment, economically depressed
conditions, and lack of moderately priced housing, the trustees of a
township that includes all or a portion of a city that is a "financially
distressed city" under the Financially Distressed City Law may contract with
one or more not-for-profit or for-profit organizations to construct and operate
within the boundaries of the township a factory designed to manufacture housing
or housing components. The contract may provide for the private organization or
organizations to manage some or all operations of the factory and may provide
for (i) payment of employee compensation and taxes; (ii) discharge of other
legal responsibilities; (iii) sale of products; (iv) disposition of the
factory, equipment, and other property; and (v) any other matters the township
trustees consider reasonable.
(Source: P.A. 103-192, eff. 1-1-24.)
(60 ILCS 1/85-14)
Sec. 85-14. Nondiscriminatory use of township funds. A township official may not prohibit an organization from receiving township funds based upon the perceived citizenship or immigration status of the person who would receive those funds from the organization.
(Source: P.A. 103-16, eff. 6-9-23.)
(60 ILCS 1/85-15)
Sec. 85-15. 
		Township Officials of Illinois. 
		The township board may provide
for joining the township in an association of townships or a not-for-profit
corporation with membership consisting of, townships and may provide for the
payment of annual membership dues and fees. The member townships, acting
through the instrumentality, may provide and disseminate information and
research services and perform other acts for the purpose of improving township
government in Illinois. The instrumentality may be known as the Township
Officials of Illinois or another appropriate name as the member townships may
determine.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/85-20)
Sec. 85-20. 
		Merger of special district into township. 
		A special district may
be merged into a township as provided in Section 3.6 of the Intergovernmental
Cooperation Act.
(Source: P.A. 85-672; 88-62.)
(60 ILCS 1/85-25)
Sec. 85-25. 
		Prompt payment. 
		Purchases made under this Code shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 84-731; 88-62.)
(60 ILCS 1/85-30)
Sec. 85-30. Purchases; bids. Any purchase by a township
for services, materials, equipment, or supplies in excess of $30,000 (other than
professional services) shall be contracted for in one of the following
ways:
(1) By a contract let to the lowest responsible     bidder after advertising for bids at least once (i) in a newspaper published within the township, or (ii) if no newspaper is published within the township, then in one published within the county, or (iii) if no newspaper is published within the county, then in a newspaper having general circulation within the township.
(2) By a contract let without advertising for bids in     the case of an emergency if authorized by the township board.
This Section does not apply to contracts by a township with the federal
government.
(Source: P.A. 102-728, eff. 5-6-22.)
(60 ILCS 1/85-35)
Sec. 85-35. 
		Retaining percentage of contract price; trust agreement.
(a) Whenever any township has entered into a contract for the repair,
remodeling, renovation, or construction of a building or structure or the
construction or maintenance of a road or highway and the contract provides for
retention of a percentage of the contract price until final completion and
acceptance of the work, upon the request of the contractor and with the
approval of the township board, the amount retained may be deposited under a
trust agreement with an Illinois bank of the contractor's choice and subject to
the approval of the township board. The contractor shall receive any interest
on the amount deposited.
(b) Upon application by the contractor, the trust agreement must contain, as
a minimum, the following provisions:
(1) The amount to be deposited subject to the trust.
(2) The terms and conditions of payment if the     contractor defaults.
(3) The termination of the trust agreement upon     completion of the contract.
(4) The contractor is responsible for obtaining the     written consent of the bank trustee, and any costs or service fees shall be borne by the contractor.
(c) The trust agreement may, at the discretion of the township board and
upon the request of the contractor, become operative at the time of the
first partial payment in accordance with existing statutes, ordinances, and
township procedures.
(Source: P.A. 83-372; 88-62.)
(60 ILCS 1/85-40)
Sec. 85-40. 
		Investment of public funds. 
		All funds of the township
shall be invested as provided in the Public Funds Investment Act.
(Source: P.A. 88-62.)
(60 ILCS 1/85-45)
Sec. 85-45. 
		Pecuniary interest in contracts.
(a) Except as provided in this Section, no township officer or
employee
shall be interested, directly or indirectly, in his or her own
name or in the name of any other person, association, trust, or
corporation, in any contract for work, materials, profits of work or materials,
or services to be furnished or performed for the township or for any
person operating a public utility wholly or partly within the
territorial limits of the township.
(b) Any elected or appointed member of the governing body
may provide materials, merchandise, property, services, or labor if:
(1) the contract is with a person, firm, partnership,     association, corporation, or cooperative association in which the interested member of the governing body of the township has less than a 7 1/2% share in the ownership; and
(2) the interested member publicly discloses the     nature and extent of his or her interest before or during deliberations concerning the proposed award of the contract; and
(3) the interested member abstains from voting on the     award of the contract, though he or she shall be considered present for the purposes of establishing a quorum; and
(4) the contract is approved by a majority vote of     those members presently holding office; and
(5) the contract is awarded after sealed bids to the     lowest responsible bidder if the amount of the contract exceeds $1,000, or awarded without bidding if the amount of the contract is less than $1,000; and
(6) the award of the contract would not cause the     aggregate amount of all contracts awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $25,000.
(c) In addition to subsection (b), any elected or appointed
member of the governing body may provide materials, merchandise,
property, services, or labor if:
(1) the award of the contract is approved by a     majority vote of the governing body of the township, provided that any interested member shall abstain from voting; and
(2) the amount of the contract does not exceed     $1,000; and
(3) the award of the contract would not cause the     aggregate amount of all contracts awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $1,000; and
(4) the interested member publicly discloses the     nature and extent of his or her interest before or during deliberations concerning the proposed award of the contract; and
(5) the interested member abstains from voting on the     award of the contract, though he or she shall be considered present for the purposes of establishing a quorum; and
(6) no other vendor is available within a 25-mile     radius of the township.
(d) A contract for the procurement of public utility services by a
township with a public utility company is not barred by this Section
by one or more members of the governing body being an officer or
employee of the public utility company, holding an ownership interest
of no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the township has a population of less than 7,500
and the public utility's rates are approved by the Illinois Commerce
Commission.
An elected or
appointed member of the governing body having such an interest shall be
deemed not to have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a Class 4
felony.  Any office held by the person so
convicted shall become vacant and shall be declared vacant as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c), and (d), shall preclude a contract of
deposit of moneys, loans, or other financial services by a township
with a local bank or local savings and loan association, regardless of
whether a member or members of the governing body of the township
are interested in the bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in
a contract shall not be deemed to be holding a prohibited interest for
purposes of this Section.  The interested member or members of the
governing body must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of a
contract but shall not participate in any further deliberations
concerning the proposed award.  The interested member or members shall
not vote on a proposed award.  Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum.  Award of such
a contract shall require approval by a majority vote of those members
presently holding office.  Consideration and award of any contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the
township.
(Source: P.A. 89-305, eff. 1-1-96.)
(60 ILCS 1/85-50)
Sec. 85-50. Demolition, repair, or enclosure of buildings.
(a) The township board of any township may formally request the county board
to commence specified proceedings with respect to property located within the
township but outside the territory of any municipality as provided in Section
5-1121 of the Counties Code.  If the county board declines the request as
provided in Section 5-1121 of the Counties Code, the township may exercise its
powers under this Section.
(b) The township board of each township may
demolish, repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of the township and
may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
The township board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail to do so, have failed to commence proceedings to put the
building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building.  It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed and the posting of the notice upon the
premises sought to be demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
The cost of the demolition, repair, enclosure, or removal incurred by
the township, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15-day notice period and is a lien on the real estate
if, within
180 days after the repair, demolition, enclosure, or removal, the township,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The lien becomes effective at the time of filing.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the township,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
township, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (c),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien.  The costs of foreclosure incurred by the township, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the township from the owner or owners of the real estate.
All liens arising under this subsection (b) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (c).
(c) In any case where a township has obtained a lien under
subsection (b), the township may enforce the lien under
this subsection (c) in the same proceeding in which the lien is authorized.
A township desiring to enforce a lien under this subsection (c) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection.  Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (b).
The court shall conduct a hearing on the petition not less than 15
days after the notice is served.  If the court determines that the
requirements of this subsection (c) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed.  The costs of foreclosure incurred by the
township, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the township from the owner or owners of the real
estate.  If the court denies the petition, the township may enforce the
lien in a separate action as provided in subsection (b).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure.  Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (c), except to the extent that those provisions are
inconsistent with this subsection.   For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (c) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(d) In addition to any other remedy provided by law, the township
board of any township may petition the circuit court to have
property declared abandoned under this subsection (d) if:
(1) the property has been tax delinquent for 2 or     more years or bills for water service for the property have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in     possession; and
(3) the property contains a dangerous or unsafe     building.
All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process.  In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property.
The township, however, may proceed under this subsection in a
proceeding brought under subsection (b).  Notice of the petition
shall be served by certified or registered mail on all persons who were
served notice under subsection (b).
If the township proves that the conditions described in this
subsection exist and the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, the court
shall declare the property abandoned.
If that determination is made, notice shall be sent by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the township unless, within 30 days of
the notice, the owner of record enters an appearance in the action, or
unless any other person having an interest in the property files with the
court a request to demolish the dangerous or unsafe building or to put the
building in safe condition.
If the owner of record enters an appearance in the action within the 30-day
period, the court shall vacate its order declaring the property
abandoned.  In that case, the township may amend its complaint in order
to initiate proceedings under subsection (b).
If a request to demolish or repair the building is filed within the 30-day
period, the court shall grant permission to the requesting party to
demolish the building within 30 days or to restore the building to safe
condition within 60 days after the request is granted.  An extension of
that period for up to 60 additional days may be given for good cause.  If
more than one person with an interest in the property files a timely
request, preference shall be given to the person with the lien or other
interest of the highest priority.
If the requesting party proves to the court that the building has been
demolished or put in a safe condition within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the township of all costs incurred
by the township in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with building enclosure or removal, and receiver's
certificates.  The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property.  In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the building
in safe condition within the time specified by the court, the township
may petition the court to issue a judicial deed for the property
to the
county.  A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens.
(Source: P.A. 94-841, eff. 6-7-06; 95-331, eff. 8-21-07.)
(60 ILCS 1/85-55)
Sec. 85-55.  Horse-drawn vehicles. The township board may, by
ordinance,
license and regulate horse-drawn vehicles operating within the township.  The
ordinance may also (i) prescribe regulations for the safe operation of
horse-drawn vehicles and (ii) require the examination of persons operating a
horse-drawn vehicle. Any annual fee charged for a license to operate a
horse-drawn vehicle may not exceed $50. Any fees charged for a license to
operate a horse-drawn
vehicle within the township must be used for the improvement of township roads.
For the purposes of this Section, "horse-drawn vehicle" means any vehicle
powered by any animal of the equine family.
(Source: P.A. 95-331, eff. 8-21-07.)
(60 ILCS 1/85-60)
Sec. 85-60. Americans with Disabilities Act coordinator; posting and publication.
(a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each township that maintains a website must post on the township's website the following information:
(1) the name, office address, and telephone number of     the Americans with Disabilities Act coordinator, if any, employed by the township; and
(2) the grievance procedures, if any, adopted by the     township to resolve complaints alleging a violation of Title II of the Americans with Disabilities Act.
(b) If a township does not maintain a website, then the township must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the township or a newsletter published by the township and mailed to township residents the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the township.
(Source: P.A. 96-650, eff. 1-1-10.)
(60 ILCS 1/85-65)
Sec. 85-65. Accumulation of funds. Township funds, including, but not limited to, general assistance funds and excluding the township's capital fund, shall not exceed an amount equal to or greater than 2.5 times the annual average expenditure of the previous 3 fiscal years. Townships on a cash basis or modified cash basis of accounting may only count levied tax funds toward the total township funds calculated under this Section if received within the township's fiscal year. The highway commissioner's equipment and building fund is considered a capital fund account and is not subject to this Section.
(Source: P.A. 102-231, eff. 7-30-21; 103-72, eff. 1-1-24.)