(65 ILCS 5/11-71-4) (from Ch. 24, par. 11-71-4)
Sec. 11-71-4.
Whenever bonds are issued as provided by this Division 71, it
shall be the duty of the corporate authorities to establish charges and
fees for the use of any such parking facilities sufficient at all times to
pay maintenance and operation costs, and principal of and interest upon
such bonds, and all revenues derived from the operation thereof shall be
set aside as a separate fund and account and used only as hereinafter
provided, except as otherwise provided in paragraph (c) of Section 11-71-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-5) (from Ch. 24, par. 11-71-5)
Sec. 11-71-5.
Whenever revenue bonds are issued under this Division 71, the
revenues derived from the operation of the project, except as otherwise
provided in paragraph (c) of Section 11-71-1, shall be set aside as
collected and be deposited in a separate fund, separate and apart from all
other funds of such municipality, and be used in paying the cost of
maintenance and operation, paying the principal of and interest upon the
bonds of such municipality, issued under this Division 71, and for the
transfer of any surplus amounts annually to the general corporate fund of
any such municipality only when and in the manner permitted and authorized
in accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any such bonds under the provisions of this
Division 71.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-6) (from Ch. 24, par. 11-71-6)
Sec. 11-71-6.
The provisions of this Division 71 and of any ordinance or
other proceeding authorizing the issuance of bonds under this Division 71
shall constitute a contract with the holders of such bonds, and any holder
of a bond or bonds, or any of the coupons of any bond or bonds of such
municipality, issued under this Division 71, may either by an ordinary civil
action, mandamus, injunction or other proceeding, enforce and compel
the performance of all duties required by this Division 71, including the
making and collecting of sufficient charges and fees for service and use
thereof, and the application of income and revenue thereof.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-71-7) (from Ch. 24, par. 11-71-7)
Sec. 11-71-7.
The corporate authorities of any municipality are hereby
granted authority to make all reasonable rules and regulations not in
conflict with the laws of this state or the ordinances of such municipality
regarding the management and control and use of any such parking facility
or facilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-8) (from Ch. 24, par. 11-71-8)
Sec. 11-71-8.
The corporate authorities of any such municipality availing
of the provisions of this Division 71 are hereby given the authority to
lease all or any part of any such parking facilities, and to fix and
collect the rentals therefor, and to fix, charge and collect rentals, fees
and charges to be paid for the use of the whole or any part of any such
parking facilities, and to make contracts for the operation and management
of the same, and to provide for the use, management and operation of such
lots through lease or by its own employees, or otherwise. However, other
than for surface parking lots, no lease for the operation or management of
any such parking facilities shall be made for more than one year except to
the highest and best bidder after notice requesting bids shall have been
given by at least one publication in some newspaper of general circulation
published in such municipality, such publication to be made once each week
for at least 2 weeks before the date of receiving bids therefor. All income
and revenue derived from any such lease or contract shall be deposited in a
separate account and used solely and only for the purpose of maintaining
and operating the project, and paying the principal of and interest on any
revenue bonds issued pursuant to ordinance under the provisions of this
Division 71. Further any contract or obligation involving the borrowing of
money for such purposes, incurred by any such municipality in the
maintenance and operation of any such parking facilities shall be payable
solely and only from the revenues derived from the operation of the
project.
(Source: Laws 1963, p. 2256.)
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(65 ILCS 5/11-71-9) (from Ch. 24, par. 11-71-9)
Sec. 11-71-9.
Except as otherwise provided in paragraph (c) of Section
11-71-1, this Division 71 shall not be construed as authorizing any
municipality to engage in any proprietary activity at or with any such
parking facilities other than the parking of motor vehicles.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-10) (from Ch. 24, par. 11-71-10)
Sec. 11-71-10. In addition to the other powers granted in this Division,
the corporate authorities may lease the space over any municipally owned
parking lot to any person, firm or corporation if the corporate authorities
first determine by resolution that such lease is in the best public
interest and stating the reasons therefor. Such lease shall be granted by
an ordinance and shall not exceed 99 years in length.
The lease shall specify the purpose for which the leased space may be
used. If the purpose is to erect in the space a building or other structure
attached to the lot, the lease shall contain a reasonably accurate
description of the building to be erected and of the manner in which it
shall be imposed upon or around the lot. In such case, the lease shall
provide for use by the lessee of such areas of the surface of such lot as
may be essential for the support of the building or other structure to be
erected as well as for the connection of essential public or private
utilities to such building or structure.
Any building erected in the space leased shall be operated, as far as is
practicable, separately from the parking lot owned by the municipality.
Such lease shall be signed in the name of the municipality by the mayor
or president and shall be attested by the municipal clerk under the
corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
If, in the judgment of the corporate authorities, the public interest
requires that any building erected in the leased space be removed so that a
street, alley, or public place may be restored to its original condition,
the lessor municipality may condemn the lessee's interest in the leased
space by proceeding in the manner provided
for the exercise of the right
of eminent domain under the Eminent Domain Act. After
payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
Any building or other structure erected above a municipally owned
parking lot shall be subject to all property taxes levied on private
property within the same taxing authorities unless such building or
structure is wholly owned by the municipality and wholly used for
governmental purposes.
No provision of this section shall be construed to abrogate or vary the
terms of any mortgage in effect upon the effective date of this amendatory
act of 1961 relative to the use of any such parking lot.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-71-11) (from Ch. 24, par. 11-71-11)
Sec. 11-71-11.
This Division 71 shall not be construed as authorizing any
municipality having a population of 500,000 or more inhabitants to make any
expenditure under this Division 71 except from revenue bonds as above
provided or from revenues derived from the operation of parking facilities.
(Source: Laws 1965, p. 3387 .)
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