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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-123-9
(65 ILCS 5/11-123-9) (from Ch. 24, par. 11-123-9)
Sec. 11-123-9.
When any city or village and the owner or claimant
have agreed upon a boundary line as provided in Section 11-123-8, the
city or village shall commence a civil action in the circuit court of
the county in which the land is situated, praying that the boundary line
be established and confirmed by judgment of the court. All persons
interested in the land as owners or otherwise, who appear of record, if
known, or if not known, upon stating the fact, shall be made parties
defendant. Interested persons whose names are unknown may be made
parties defendant by the description of unknown owners, but in all cases
an affidavit shall be filed by or on behalf of the municipality, setting
forth that the names of these persons are unknown.
The municipality shall publish notice of the commencement of the
action once a week for 3 consecutive weeks, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. The notices shall
contain the title of the action and the return day at which the
defendants are to appear, and the last of the notices shall be published
not less than 10 nor more than 20 days before the return day. The
defendants who do not enter their appearances shall be served with
process and the proceedings in the action shall be conducted in the same
manner as provided by the Civil Practice Law, as heretofore and
hereafter amended and the Supreme Court Rules, now or hereafter
adopted, in relation to that Law, except as otherwise provided in this
Division 123.
If upon a hearing the court finds that the rights and interests of
the public have been duly conserved by the agreement, the court shall
confirm the agreement and establish the boundary line. Otherwise the
court, in its discretion, shall dismiss the suit. If the boundary line
agreed upon is so established and confirmed by a court judgment, it
shall be the permanent boundary line thereafter and shall not be
affected either by accretion or erosion.
The establishment of such a boundary line operates as a conveyance
and release to the municipality of all the right, title, and interest of
owners to all land, property, and property rights, including riparian
rights, lying upon the outer or water side of the boundary line. The
municipality is hereby granted by the State of Illinois the title to all
land, property, and property rights, including riparian rights, lying
upon the outer or water side of the boundary line when so established.
The owners of the shore land are hereby granted by the State of Illinois
the title to the adjacent, adjoining, submerged, or other land, whether
of natural or artificial formation, as specifically and particularly
described in the court judgment, lying upon the inner or land side of
the boundary line when so established. These owners may fill in,
improve, protect, and use, sell, and convey this land lying upon the
inner or land side of the boundary line free from any adverse claim in
any way arising out of any question as to where the shore line was at
any time in the past, or as to the title to any existing accretions.
(Source: P.A. 82-783.)
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65 ILCS 5/11-123-10
(65 ILCS 5/11-123-10) (from Ch. 24, par. 11-123-10)
Sec. 11-123-10.
Every city or village may occupy, hold, and use any land
acquired by the municipality under this Division 123 or under any act providing
for harbor construction. A specified municipality may occupy, hold, and
use any submerged land of the State of Illinois filled in or reclaimed by
the municipality in connection with or in construction of a utility for
the uses and purposes provided for in this Division 123. A specified municipality
may lease any of this land for a period not longer than 50 years to any
person upon such terms and conditions as are prescribed by ordinance, but
the ordinance shall provide that the rental value of the land shall be revalued
near the end of each 10 years of the rental period and that the rental for
the ensuing 10 years shall be adjusted and fixed in accordance with that evaluation.
Before such a lease becomes effective, it shall be approved in writing
by the Secretary of Transportation of the state, and, in case of approval, it
shall be authenticated by the seal of that department.
All money received by a specified municipality from the lease of land forming
a part of any harbor development shall be credited to a fund entitled the
harbor fund of that particular harbor development. All money expended by
the municipality for any purpose in relation to that land or in relation
to the construction and maintenance of any utility, may be charged to the
harbor fund, and that fund shall be used for no other purpose.
(Source: P.A. 81-840.)
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65 ILCS 5/11-123-11
(65 ILCS 5/11-123-11) (from Ch. 24, par. 11-123-11)
Sec. 11-123-11.
Every city or village may levy and collect in each of 4 consecutive
years a tax of .0125% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year. This tax shall be in addition to all taxes
authorized by law to be levied and collected in that municipality. The
proceeds of this additional tax shall be used for harbor construction
purposes only and shall be credited to the harbor fund for that
particular harbor development.
The foregoing limitation upon tax rate in cities and villages of less
than 1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-123-12
(65 ILCS 5/11-123-12) (from Ch. 24, par. 11-123-12)
Sec. 11-123-12.
Any city or village may lease any part or all of any
utility owned by it in the manner and subject to the limitations provided
in Sections 11-76-1 and 11-76-2.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-13
(65 ILCS 5/11-123-13) (from Ch. 24, par. 11-123-13)
Sec. 11-123-13.
Every city and village may locate and establish dock lines
and harbor lines in the public waters or rivers within the limits or
jurisdiction of, or bordering on the city or village.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-14
(65 ILCS 5/11-123-14) (from Ch. 24, par. 11-123-14)
Sec. 11-123-14. Every city and village owning and operating, or owning and
leasing any portion of a utility, shall keep the accounts for the utilities
separate and distinct from other municipal accounts and in such manner as
to show the true and complete financial standing and results of the
municipal ownership and operation or of the municipal ownership and
leasing, as the case may be. These accounts shall be so kept as to show:
(1) the actual cost of the municipality of the utilities owned; (2) all
costs of maintenance, extension, and improvement; (3) all operating
expenses of every description, in case of municipal operation, whether of
the whole or of a part of the utilities; (4) if water or other service is
furnished for the use of the utilities without charge, as nearly as
possible, the value of that service, and also the value of any service
rendered by the utilities to any reasonable allowances for interest,
depreciation, and other municipal department without charge; (5) insurance;
and (6) estimates of the amount of taxes that would be chargeable against
the utilities if owned by a private corporation. The corporate authorities
of the municipality shall have printed annually for public distribution, a
report showing the financial standing and results, in the form specified in
this section, of the municipal ownership and operation, or of municipal
ownership and leasing. This report shall be published in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality.
The accounts of the utilities shall be examined at least once a year by
a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act, who shall report to the corporate authorities the
results of his examination. This accountant shall be selected in
such manner as the corporate authorities may direct, and he shall receive
for his services such compensation, to be paid out of the revenue from the
utilities, as the corporate authorities may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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65 ILCS 5/11-123-15
(65 ILCS 5/11-123-15) (from Ch. 24, par. 11-123-15)
Sec. 11-123-15.
Every city and village has the power to use any portion of
a utility for public recreation purposes if, in the judgment of the
corporate authorities of the municipality, the utility can be used for
public recreation purposes without interfering with the use of the utility
for transportation purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-16
(65 ILCS 5/11-123-16) (from Ch. 24, par. 11-123-16)
Sec. 11-123-16.
In connection with the use of any portion of a utility for
recreation purposes, as specified in Section 11-123-15, every city and
village has the power to provide, by lease or contract, for the sale in or
on the utility of food, non-alcoholic drinks, and merchandise, and for the
giving in or on the utility of dances, concerts, exhibitions, and other
entertainments, and for check-room privileges incidental thereto. Upon
reasonable notice, however, such a lease or contract is terminable by the
municipality, either with or without compensation therefor as may be
therein stipulated, whenever in the judgment of the corporate authorities
of the municipality the transportation necessities make such termination
desirable. No such lease or contract shall be entered into for a period
exceeding 5 years except in conformity with the provisions of Section
11-123-12.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-123-17
(65 ILCS 5/11-123-17) (from Ch. 24, par. 11-123-17)
Sec. 11-123-17.
No portion of a utility, except a breakwater, shall be
constructed within one-half mile of any intake of water for public
consumption, and in constructing such a utility no ashes, cinders, or waste
shall be dumped into any public waters within 4 miles of any intake of
water for public consumption unless placed behind retaining bulkheads. This
section does not apply to any city or village whose water frontage is
exclusively on a river.
(Source: Laws 1961, p. 576.)
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