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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-69-1
(65 ILCS 5/11-69-1) (from Ch. 24, par. 11-69-1)
Sec. 11-69-1.
Whenever the territories of any 2 or more municipalities in
the State of Illinois comprise the same or partly the same territory, the
municipalities concerned have the power jointly to purchase land and to
construct buildings and all necessary appurtenances within their common
corporate limits, and to own, operate, and maintain the land and buildings
jointly with one another, for their joint municipal purposes, on terms and
conditions to be agreed upon by the municipalities. Such municipalities
have the power to exercise the right of eminent domain by condemnation
proceedings in conformity with the provisions of the constitution and
statutes of the state for the acquirement of property, advantageous or
desirable for joint municipal purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-69-2
(65 ILCS 5/11-69-2) (from Ch. 24, par. 11-69-2)
Sec. 11-69-2.
The purpose of Section 11-69-1 is for the benefit of
municipalities with common territory and whose building needs can be most
efficiently and economically handled by joint buildings for the several
municipalities. Section 11-69-1 shall be liberally construed to give effect
to these purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 70
(65 ILCS 5/Art. 11 Div. 70 heading)
DIVISION 70.
TAX FOR RESTORATION OF PUBLIC
BUILDINGS DAMAGED BY STORM OR FIRE
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65 ILCS 5/11-70-1
(65 ILCS 5/11-70-1) (from Ch. 24, par. 11-70-1)
Sec. 11-70-1.
In any municipality, whether incorporated under general
law or special charter, in which the municipal hall, or any municipal
jail or police station, fire department house, or public library is
destroyed or seriously impaired by storm or fire, the corporate
authorities, in order to rebuild or restore any such building, thus
destroyed or seriously impaired, may levy an annual tax for not
exceeding 10 successive years of not exceeding .08333% of the value, as
equalized or assessed by the Department of Revenue, on
all of the taxable property in the municipality. This tax shall be
levied and collected in the same manner as the general taxes of that
municipality and shall be known as the public building restoration fund
tax. This tax shall not be included in the aggregate amount of taxes as
limited by Section 8-3-1, or by any provision of any special charter
under which such a municipality is now operating.
The foregoing limitation upon tax rates in municipalities 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 5/11-70-2
(65 ILCS 5/11-70-2) (from Ch. 24, par. 11-70-2)
Sec. 11-70-2.
Whenever the corporate authorities of any municipality
designated in Section 11-70-1 decides to rebuild or restore any of the
specified buildings, it shall make provision therefor by an ordinance. This
ordinance shall also state the number of years, not exceeding 10, that this
annual public building restoration fund tax shall be levied, and the per
cent, not exceeding .08333 on all of the taxable property in the
municipality. This tax shall be included in the annual appropriation and
tax levy ordinances of such a municipality for the years that it can be
levied under the provisions of this section and Section 11-70-1.
The foregoing limitation upon tax rates in municipalities 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. 76-1236.)
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65 ILCS 5/11-70-3
(65 ILCS 5/11-70-3) (from Ch. 24, par. 11-70-3)
Sec. 11-70-3.
All money received from this public building restoration fund
tax shall be deposited in the municipal treasury to the credit of that
fund. All money so received shall be kept separate and apart from other
money of the municipality, and shall not be used or paid out for any other
purpose than that of paying the cost of rebuilding or restoring the
specified public buildings destroyed or seriously impaired by storm or
fire, until all of the costs have been discharged. If the money so received
can not be used annually to pay the cost but accumulates, the corporate
authorities may invest this money in good interest-paying securities, until
the money is needed for the payment of the costs of the rebuilding or
restoration.
(Source: Laws 1965, p. 2685.)
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65 ILCS 5/Art 11 prec Div 71
(65 ILCS 5/Art 11 prec Div 71 heading)
PARKING FACILITIES
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65 ILCS 5/Art. 11 Div. 71
(65 ILCS 5/Art. 11 Div. 71 heading)
DIVISION 71.
OFF-STREET PARKING
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65 ILCS 5/11-71-1
(65 ILCS 5/11-71-1) (from Ch. 24, par. 11-71-1)
Sec. 11-71-1. Any municipality is hereby authorized to:
(a) Acquire by purchase or otherwise, own, construct, | | equip, manage, control, erect, improve, extend, maintain and operate motor vehicle parking lot or lots, garage or garages constructed on, above and/or below ground level, public off-street parking facilities for motor vehicles, parking meters, and any other revenue producing facilities, hereafter referred to as parking facilities, necessary or incidental to the regulation, control and parking of motor vehicles, as the corporate authorities may from time to time find the necessity therefor exists, and for that purpose may acquire property of any and every kind or description, whether real, personal or mixed, by gift, purchase or otherwise. Any municipality which has provided or does provide for the creation of a plan commission under Division 12 of this Article 11 shall submit to and receive the approval of the plan commission before establishing or operating any such parking facilities;
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(b) Maintain, improve, extend and operate any such
| | parking facilities and charge for the use thereof;
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(c) Enter into contracts dealing in any manner with
| | the objects and purposes of this Division 71, including the leasing of space on, or in connection with, parking meters for advertising purposes. Any contract for such advertising shall prohibit any interference with traffic control, shall prohibit placing any advertising sign or device on parking meters that exceeds the dimensions of 8 by 12 inches and shall contain such other provisions as the corporate authorities deem necessary in the public interest. All revenues derived from any such contract shall be used exclusively for traffic regulation and maintenance of streets within the municipality;
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(d) Acquire sites, buildings and facilities by gift,
| | lease, contract, purchase or condemnation under power of eminent domain, and pledge the revenues thereof for the payment of any revenue bonds issued for such purpose as provided in this Division 71. In all cases where property or rights are acquired or sought to be acquired by condemnation, the procedure shall be, as nearly as may be, like that provided for the exercise of the right of eminent domain under the Eminent Domain Act, and the fee or such lesser interest in land may be acquired as the municipality may deem necessary;
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(e) Finance the acquisition, construction,
| | maintenance and/or operation of such parking facilities by means of general tax funds, special assessments, special taxation, revenue bonds, parking fees, special charges, rents or by any combination of such methods; and
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(f) Borrow money and issue and sell revenue bonds in
| | such amount or amounts as the corporate authorities may determine for the purpose of acquiring, completing, erecting, constructing, equipping, improving, extending, maintaining or operating any or all of its parking facilities, and refund and refinance the same from time to time as often as it shall be advantageous and to the public interest to do so.
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If any part of the financing of the acquisition and/or construction of
such parking facilities is done by means of special assessments or special
taxation, the provisions of Division 2 of Article 9 of this Code shall be
followed with respect to the special assessments or special taxation for
such purpose.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/11-71-2
(65 ILCS 5/11-71-2) (from Ch. 24, par. 11-71-2)
Sec. 11-71-2.
All bonds issued under authority of this Division 71 shall
bear interest at not more than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% per annum and may be sold by the
corporate authorities in such manner as they deem best in the public
interest. However, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will not exceed the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum, based on the
average maturity of such bonds, and computed according to standard tables
of bond values. Such bonds shall be payable solely and only from the
revenues to be derived from the operation of any or all of its parking
facilities and shall be secured by a pledge of the revenues of any or all
of its parking facilities, except as otherwise provided in paragraph (c) of
Section 11-71-1.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code. Such
bonds may bear such date or dates and may mature at such time or times, not
exceeding 30 years from their date or dates, and may be in such form, carry
such registration privilege, may be payable at such place or places, may be
subject to such terms of redemption, prior to maturity, with or without
premium, as so stated on the face of the bond, and contain such terms and
covenants, all as may be provided by ordinance authorizing the issuance of
such bonds. Such bonds shall be executed by such officers as the corporate
authorities shall designate in the ordinance. Any bonds bearing the
signatures of officers in office at the date of signing thereof shall be
valid and binding for all purposes, notwithstanding that before delivery
thereof any or all such persons whose signatures appear thereon shall cease
to be such officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities, except as otherwise provided in paragraph (c) of Section
11-71-1, and shall state upon its face that it does not constitute an
obligation of the municipality within the meaning of any constitutional or
statutory limitation or provision.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act 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 Bond 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 Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-71-3
(65 ILCS 5/11-71-3) (from Ch. 24, par. 11-71-3)
Sec. 11-71-3.
The corporate authorities of any such municipality availing
of the provisions of this Division 71, other than that concerning
advertising on parking meters, shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor, which shall be placed on file in the office of the clerk of such
municipality, and which shall be open for the inspection of the public.
Such ordinance shall state the estimated cost of such project, and the
method or methods of financing such project and the amount or proportion of
cost of such project to be financed by each of such methods. If part or all
of such project is to be financed by means of revenue bonds, the ordinance
also shall fix the amount of the revenue bonds proposed to be issued, the
maturity or maturities, the interest rate, and all details in respect
thereof and shall contain such covenants and restrictions as may be deemed
necessary or advisable by the corporate authorities. Without limiting the
generality of the foregoing, such ordinance shall contain such provisions
as may be determined by the corporate authorities as to:
(a) The issuance of additional revenue bonds that may thereafter be
issued payable from the revenues derived from the operation of any such
parking facilities and for the payment of the principal and interest upon
such bonds;
(b) The regulation as to the use of any such parking facilities to
assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the municipality to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other provisions as may be deemed necessary or desirable to
assure a successful and profitable operation of the project and prompt
payment of principal of and interest upon any revenue bonds so authorized.
If any part of such project is to be financed by means of special
assessments or special taxation, any ordinances or other procedures
required under Division 2 of Article 9 of this Code shall be adopted and
followed.
After the ordinance has been adopted and approved, it shall be published
once in a newspaper published and having general circulation in such
municipality, or if there be no such newspaper published in such
municipality, then the ordinance should be posted in at least 5 of the most
public places in such municipality, and shall become effective 10 days
after publication or posting thereof.
(Source: Laws 1963, p. 2256.)
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65 ILCS 5/11-71-4
(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
(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
(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
(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
(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
(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
(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
(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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65 ILCS 5/11-71-12
(65 ILCS 5/11-71-12) (from Ch. 24, par. 11-71-12)
Sec. 11-71-12.
In addition to the other powers granted under this
Division 71, the corporate authorities of any municipality may, by
ordinance, provide for the issuance of its general obligation bonds for
the purpose of acquiring, constructing, equipping, and improving motor
vehicle parking lots or garages constructed on, above or below ground
level or at all such levels, public off-street parking facilities for
motor vehicles and other parking facilities necessary or incidental to
the regulation, control and parking of motor vehicles. Such facilities
may be constructed or located in other public buildings or structures.
Such bonds may be used to finance in whole or in part such improvements.
Bonds issued pursuant to this Section must be payable within 20 years
and the interest on such bonds may not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract. The interest may be made payable at such times (annually or
semi-annually) as the ordinance prescribes. Before or at the time of issuance
of bonds under this Section, the corporate authorities of the
municipality shall provide, by ordinance, for the levy and collection of
a direct annual tax upon all the taxable property within the
municipality in an amount sufficient to meet the principal and interest
of the bonds as they mature, which tax shall be in addition to that
otherwise authorized to be levied and collected for corporate purposes.
The corporate authorities of the municipality, in determining the costs
of such improvements, may include the estimated costs of issuance of
such bonds, engineering, inspection, fiscal and legal expenses, and
interest which it estimates will accrue during construction period and
for 6 months thereafter on money that is borrowed or money that is
estimated will be borrowed.
No bonds may be issued or tax levied under this Section until the
question whether such bonds should be issued and such tax levied has
been certified by the municipal clerk and submitted to the qualified
electors of the municipality at an election in accordance with the general
election law and unless a majority of those voting on the proposition
approve the issuance of bonds and levy of tax. When providing by ordinance
for the bond issue and tax levy, the corporate authorities of the
municipality shall also order the submission of the question to the electors.
If the proposition for issuance of bonds under this Section has been
approved, such bonds shall be issued in accordance with Division 4 of
Article 8 of this Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act 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 Bond 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 Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/Art 11 prec Div 72
(65 ILCS 5/Art 11 prec Div 72 heading)
TREES AND FORESTRY
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