101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0189

 

Introduced 1/30/2019, by Sen. Jim Oberweis

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Property Tax Code, the Local Government Financial Statement Act, the Illinois Municipal Budget Law, the Medical Service Facility Act, the Innovation Development and Economy Act, and the Illinois Municipal Code. Changes various provisions requiring notice by publication in newspapers to allow an option of publication on websites of municipalities and specified units of local government.


LRB101 06690 AWJ 51717 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0189LRB101 06690 AWJ 51717 b

1    AN ACT concerning publication.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 18-75, 18-120, and 27-30 as follows:
 
6    (35 ILCS 200/18-75)
7    Sec. 18-75. Notice; place of publication. If the taxing
8district is located entirely in one county, the notice shall be
9published in an English language newspaper of general
10circulation published in the taxing district, or if there is no
11such newspaper, in an English language newspaper of general
12circulation published in the county and having circulation in
13the taxing district.
14    If the taxing district is located primarily in one county
15but extends into smaller portions of adjoining counties, the
16notice shall be published in a newspaper of general circulation
17published in the taxing district, or if there is no such
18newspaper, in a newspaper of general circulation published in
19each county in which any part of the district is located.
20    If the taxing district includes all or a large portion of 2
21or more counties, the notice shall be published in a newspaper
22of general circulation published in each county in which any
23part of the district is located.

 

 

SB0189- 2 -LRB101 06690 AWJ 51717 b

1    If a taxing district has a website maintained by the
2full-time staff of the taxing district, then the notice may
3shall be posted on the website in fulfillment of in addition to
4the other notice requirements of this Section. The failure of a
5taxing district to post the notice on its website shall not
6invalidate the notice or any action taken on the tax levy.
7(Source: P.A. 99-367, eff. 1-1-16.)
 
8    (35 ILCS 200/18-120)
9    Sec. 18-120. Increase or decrease of rate limit. This Sec.
10applies only to rates which are specifically made subject to
11increase or decrease according to the referendum provisions of
12the General Revenue Law of Illinois. The question of
13establishing a maximum tax rate limit other than that
14applicable to the next taxes to be extended may be presented to
15the legal voters of any taxing district by resolution of the
16corporate authorities of the taxing district at any regular
17election. Whenever any taxing district establishes a maximum
18tax rate lower than that otherwise applicable, it shall publish
19the ordinance or resolution establishing the maximum tax rate
20in one or more newspapers in the district within 10 days after
21the maximum tax rate is established. If no newspaper is
22published in the district, the ordinance or resolution shall be
23published in a newspaper having general circulation within the
24district. The publication requirement may also be satisfied by
25publication of the ordinance or resolution on the taxing

 

 

SB0189- 3 -LRB101 06690 AWJ 51717 b

1district's website within 10 days after the maximum tax rate is
2established. The publication of the ordinance or resolution
3shall include a notice of (a) the specific number of voters
4required to sign a petition requesting that the question of the
5adoption of the maximum tax rate be submitted to the voters of
6the district; (b) the time within which the petition must be
7filed; and (c) the date of the prospective referendum. The
8district clerk or secretary shall provide a petition form to
9any individual requesting one.
10    Either in response to the taxing district's publication or
11by the voters' own initiative, the question of establishing a
12maximum tax rate lower than that in effect shall be submitted
13to the voters of any taxing district at the regular election
14for officers of the taxing district in accordance with the
15general election law, but only if the voters have submitted a
16petition signed by not fewer than 10% of the legal voters in
17the taxing district. That percentage shall be based on the
18number of votes cast at the last general election preceding the
19filing of the petition. The petition shall specify the tax rate
20to be submitted. The petition shall be filed with the clerk,
21secretary or other recording officer of the taxing district not
22more than 10 months nor less than 6 months prior to the
23election at which the question is to be submitted to the
24voters, and its validity shall be determined as provided by the
25general election law. The officer receiving the petition shall
26certify the question to the proper election officials, who

 

 

SB0189- 4 -LRB101 06690 AWJ 51717 b

1shall submit the question to the voters.
2    Notice shall be given in the manner provided by the general
3election law.
4(Source: P.A. 86-1253; 88-455.)
 
5    (35 ILCS 200/27-30)
6    Sec. 27-30. Manner of notice. Prior to or within 60 days
7after the adoption of the ordinance proposing the establishment
8of a special service area the municipality or county shall fix
9a time and a place for a public hearing. The public hearing
10shall be held not less than 60 days after the adoption of the
11ordinance proposing the establishment of a special service
12area. Notice of the hearing shall be given by publication and
13mailing, except that notice of a public hearing to propose the
14establishment of a special service area for weather
15modification purposes may be given by publication only. Notice
16by publication shall be given by publication at least once not
17less than 15 days prior to the hearing in a newspaper of
18general circulation within the municipality or county or on the
19municipality's or county's website. Notice by mailing shall be
20given by depositing the notice in the United States mails
21addressed to the person or persons in whose name the general
22taxes for the last preceding year were paid on each property
23lying within the special service area. A notice shall be mailed
24not less than 10 days prior to the time set for the public
25hearing. In the event taxes for the last preceding year were

 

 

SB0189- 5 -LRB101 06690 AWJ 51717 b

1not paid, the notice shall be sent to the person last listed on
2the tax rolls prior to that year as the owner of the property.
3(Source: P.A. 97-1053, eff. 1-1-13.)
 
4    Section 10. The Local Government Financial Statement Act is
5amended by changing Section 1 as follows:
 
6    (50 ILCS 305/1)  (from Ch. 85, par. 601)
7    Sec. 1. The corporate authorities of all counties and
8municipal corporations and all public officers who in the
9discharge of their official duties receive all or any part of
10their funds from the County Collector or the County Treasurer
11and all fee officers other than city or village treasurers or
12municipal officers who are required to file an annual report,
13which report is required to be published, shall furnish as
14herein provided, within 60 days after January 1st and July 1st
15of each year a sworn, detailed and itemized statement of all
16receipts and expenditures of any character for the preceding 6
17months and showing the names, addresses, positions and salaries
18of every employee of the county office or municipal
19corporation.
20    A copy of such statement shall be furnished for reference,
21on request, to all daily newspapers published in each city, in
22such county, and to the city library of each city. A copy of
23the statement may be published on the city's website for city
24corporate authorities or officers or on the county's website

 

 

SB0189- 6 -LRB101 06690 AWJ 51717 b

1for county corporate authorities or officers instead of
2providing the statement to daily newspapers. Copies shall also
3be furnished to the clerk of the circuit court or to the clerk
4of such municipal corporation, respectively, such copies to be
5kept available for inspection by persons applying therefor. The
6governing body of any such county or municipal corporation may
7direct the publication of such reports, respectively, in one or
8more daily newspapers respectively published therein, and the
9city council of cities of 300,000 or more population shall so
10direct the publication thereof.
11    Nothing in this Act shall apply to the corporate
12authorities or any officer of a county which has a population
13of more than 3,000,000.
14(Source: P.A. 86-412.)
 
15    Section 15. The Illinois Municipal Budget Law is amended by
16changing Section 3 as follows:
 
17    (50 ILCS 330/3)  (from Ch. 85, par. 803)
18    Sec. 3. The governing body of each municipality of this
19State, coming within the provisions of this Act, shall, within
20or before the first quarter of each fiscal year, adopt a
21combined annual budget and appropriation ordinance, by which
22ordinance the governing body may appropriate such sum or sums
23of money as may be deemed necessary to defray all necessary
24expenses and liabilities of such municipality, and in such

 

 

SB0189- 7 -LRB101 06690 AWJ 51717 b

1annual budget and appropriation ordinance shall specify the
2objects and purposes for which such appropriations are made,
3and the amount appropriated for each object or purpose. The
4municipality may pass a continuing annual budget ordinance. The
5municipality may expend funds during the first quarter of the
6fiscal year before the municipality has adopted the combined
7annual budget and appropriation ordinance.
8    The budget included in such ordinance shall contain a
9statement of the cash on hand at the beginning of the fiscal
10year, an estimate of the cash expected to be received during
11such fiscal year from all sources, an estimate of the
12expenditures contemplated for such fiscal year, and a statement
13of the estimated cash expected to be on hand at the end of such
14year. The estimate of taxes to be received may be based upon
15the amount of actual cash receipts that may reasonably be
16expected by the municipality during such fiscal year, estimated
17from the experience of the municipality in prior years and with
18due regard for other circumstances that may substantially
19affect such receipts. Provided, however, that nothing in this
20Act shall be construed as requiring any municipality to change
21or preventing any municipality from changing from a cash basis
22of financing to a surplus or deficit basis of financing; or as
23requiring any municipality to change or preventing any
24municipality from changing its system of accounting.
25    The governing body of each municipality shall fix a fiscal
26year therefor. If the beginning of the fiscal year of a

 

 

SB0189- 8 -LRB101 06690 AWJ 51717 b

1municipality is subsequent to the time that the tax levy for
2such fiscal year shall be made, then such annual budget and
3appropriation ordinance shall be adopted prior to the time such
4tax levy shall be made.
5    Such budget and appropriation ordinance shall be prepared
6in tentative form by some person or persons designated by the
7governing body, and in such tentative form shall be made
8conveniently available to public inspection for at least thirty
9days prior to final action thereon. Provided, that in townships
10such tentative ordinance for purposes other than the road and
11bridge fund shall be prepared by the board of town trustees. At
12least one public hearing shall be held as to such budget and
13appropriation ordinance prior to final action thereon, notice
14of which shall be given by publication in an English language
15newspaper published in such municipality, at least 30 days
16prior to the time of such hearing. If there is no newspaper
17published in such municipality, then notice of such public
18hearing shall be given by publication in an English language
19newspaper published in the county in which such municipality is
20located and having general circulation within such
21municipality. If there is no such newspaper published in the
22county, notice of such public hearing shall be given by posting
23notices thereof in five of the most public places in such
24municipality. The publication requirement may also be
25satisfied by publication of the notice on the municipality's
26website. Such notice shall state the time and place where

 

 

SB0189- 9 -LRB101 06690 AWJ 51717 b

1copies of the tentative budget and appropriation ordinance are
2available for public inspection and the time and place of the
3hearing. It shall be the duty of the clerk, secretary, or other
4similar officer, of such municipality to make such tentative
5budget and appropriation ordinance available to public
6inspection, and to arrange for such public hearing or hearings.
7Except as otherwise provided by law, no further appropriations
8shall be made at any other time within such fiscal year,
9provided that the governing body of such municipality may from
10time to time make transfers between the various items in any
11fund in such appropriation ordinance not exceeding in the
12aggregate ten per cent of the total amount appropriated in such
13fund by such ordinance, may transfer funds received by the
14taxing district as the result of an erroneous distribution of
15property taxes by a county treasurer back to that county
16treasurer without amending the budget and appropriation
17ordinance, and may amend such budget and appropriation
18ordinance from time to time by the same procedure as is herein
19provided for the original adoption of a budget and
20appropriation ordinance; provided that nothing in this section
21shall be construed to permit transfers between funds required
22by law to be kept separate.
23(Source: P.A. 89-548, eff. 1-1-97; 90-439, eff. 8-16-97.)
 
24    Section 20. The Medical Service Facility Act is amended by
25changing Section 8 as follows:
 

 

 

SB0189- 10 -LRB101 06690 AWJ 51717 b

1    (50 ILCS 450/8)  (from Ch. 85, par. 928)
2    Sec. 8. The bonds shall be sold to the highest and best
3bidder at not less than their par value and accrued interest.
4The corporate authority shall advertise for proposals to
5purchase the bonds. Such advertisement shall be published at
6least once in a newspaper having circulation within the county
7or municipality or on the county's or municipality's website,
8as the case may be, at least 10 days before the date for
9opening the bids. The corporate authority may reserve the right
10to reject any and all bids and to readvertise for bids.
11(Source: P.A. 76-660.)
 
12    Section 25. The Innovation Development and Economy Act is
13amended by changing Section 20 as follows:
 
14    (50 ILCS 470/20)
15    Sec. 20. Approval of STAR bond projects. The governing body
16of a political subdivision may establish one or more STAR bond
17projects in any STAR bond district. A STAR bond project which
18is partially outside the boundaries of a municipality must also
19be approved by the governing body of the county by resolution.
20    (a) After the establishment of a STAR bond district, the
21master developer may propose one or more STAR bond projects to
22a political subdivision and the master developer shall, in
23cooperation with the political subdivision, prepare a STAR bond

 

 

SB0189- 11 -LRB101 06690 AWJ 51717 b

1project plan in consultation with the planning commission of
2the political subdivision, if any. The STAR bond project plan
3may be implemented in separate development stages.
4    (b) Any political subdivision considering a STAR bond
5project within a STAR bond district shall notify the
6Department, which shall cause to be prepared an independent
7feasibility study by a feasibility consultant with certified
8copies provided to the political subdivision, the Director, and
9the Department of Commerce and Economic Opportunity. The
10feasibility study shall include the following:
11        (1) the estimated amount of pledged STAR revenues
12    expected to be collected in each year through the maturity
13    date of the proposed STAR bonds;
14        (2) a statement of how the jobs and taxes obtained from
15    the STAR bond project will contribute significantly to the
16    economic development of the State and region;
17        (3) visitation expectations;
18        (4) the unique quality of the project;
19        (5) an economic impact study;
20        (6) a market study;
21        (7) integration and collaboration with other resources
22    or businesses;
23        (8) the quality of service and experience provided, as
24    measured against national consumer standards for the
25    specific target market;
26        (9) project accountability, measured according to best

 

 

SB0189- 12 -LRB101 06690 AWJ 51717 b

1    industry practices;
2        (10) the expected return on State and local investment
3    that the STAR bond project is anticipated to produce; and
4        (11) an anticipated principal and interest payment
5    schedule on the STAR bonds.
6    The feasibility consultant, along with the independent
7economist and any other consultants commissioned to perform the
8studies and other analysis required by the feasibility study,
9shall be selected by the Director with the approval of the
10political subdivision. The consultants shall be retained by the
11Director and the Department shall be reimbursed by the master
12developer for the costs to retain the consultants.
13    The failure to include all information enumerated in this
14subsection in the feasibility study for a STAR bond project
15shall not affect the validity of STAR bonds issued pursuant to
16this Act.
17    (c) If the political subdivision determines the STAR bond
18project is feasible, the STAR bond project plan shall include:
19        (1) a summary of the feasibility study;
20        (2) a reference to the STAR bond district plan that
21    identifies the STAR bond project area that is set forth in
22    the STAR bond project plan that is being considered;
23        (3) a legal description and map of the STAR bond
24    project area to be developed or redeveloped;
25        (4) a description of the buildings and facilities
26    proposed to be constructed or improved in such STAR bond

 

 

SB0189- 13 -LRB101 06690 AWJ 51717 b

1    project area, including destination users and an
2    entertainment user, as applicable;
3        (5) a copy of letters of intent to locate within the
4    STAR bond district signed by both the master developer and
5    the appropriate corporate officer of at least one
6    destination user for the first STAR bond project proposed
7    within the district; and
8        (6) any other information the governing body of the
9    political subdivision deems reasonable and necessary to
10    advise the public of the intent of the STAR bond project
11    plan.
12    (d) Before a political subdivision may hold a public
13hearing to consider a STAR bond project plan, the political
14subdivision must apply to the Department for approval of the
15STAR bond project plan. An application for approval of a STAR
16bond project plan must not be approved unless all of the
17components of the feasibility study set forth in items (1)
18through (11) of subsection (b) have been completed and
19submitted to the Department for review. In addition to
20reviewing all of the other elements of the STAR bond project
21plan required under subsection (c), which must be included in
22the application (which plan must include a letter or letters of
23intent as required under subdivision (c)(5) in order to receive
24Director approval), the Director must review the feasibility
25study and consider all of the components of the feasibility
26study set forth in items (1) through (11) of subsection (b) of

 

 

SB0189- 14 -LRB101 06690 AWJ 51717 b

1Section 20, including without limitation the economic impact
2study and the financial benefit of the proposed STAR bond
3project to the local, regional, and State economies, the
4proposed adverse impacts on similar businesses and projects as
5well as municipalities within the market area, and the net
6effect of the proposed STAR bond project on the local,
7regional, and State economies. In addition to the economic
8impact study, the political subdivision must also submit to the
9Department, as part of its application, the financial and other
10information that substantiates the basis for the conclusion of
11the economic impact study, in the form and manner as required
12by the Department, so that the Department can verify the
13results of the study. In addition to any other criteria in this
14subsection, to approve the STAR bond project plan, the Director
15must be satisfied that the proposed destination user is in fact
16a true destination user and also find that the STAR bond
17project plan is in accordance with the purpose of this Act and
18the public interest. The Director shall either approve or deny
19the STAR bond project plan based on the criteria in this
20subsection.
21    (e) Upon a finding by the planning and zoning commission of
22the political subdivision that the STAR bond project plan is
23consistent with the intent of the comprehensive plan for the
24development of the political subdivision and upon issuance of
25written approval of the STAR bond project plan from the
26Director pursuant to subsection (d) of Section 20, the

 

 

SB0189- 15 -LRB101 06690 AWJ 51717 b

1governing body of the political subdivision shall adopt a
2resolution stating that the political subdivision is
3considering the adoption of the STAR bond project plan. The
4resolution shall:
5        (1) give notice that a public hearing will be held to
6    consider the adoption of the STAR bond project plan and fix
7    the date, hour, and place of the public hearing;
8        (2) describe the general boundaries of the STAR bond
9    district within which the STAR bond project will be located
10    and the date of establishment of the STAR bond district;
11        (3) describe the general boundaries of the area
12    proposed to be included within the STAR bond project area;
13        (4) provide that the STAR bond project plan and map of
14    the area to be redeveloped or developed are available for
15    inspection during regular office hours in the offices of
16    the political subdivision; and
17        (5) contain a summary of the terms and conditions of
18    any proposed project development agreement with the
19    political subdivision.
20    (f) A public hearing shall be conducted to consider the
21adoption of any STAR bond project plan.
22        (1) The date fixed for the public hearing to consider
23    the adoption of the STAR bond project plan shall be not
24    less than 20 nor more than 90 days following the date of
25    the adoption of the resolution fixing the date of the
26    hearing.

 

 

SB0189- 16 -LRB101 06690 AWJ 51717 b

1        (2) A copy of the political subdivision's resolution
2    providing for the public hearing shall be sent by certified
3    mail, return receipt requested, to the governing body of
4    the county. A copy of the political subdivision's
5    resolution providing for the public hearing shall be sent
6    by certified mail, return receipt requested, to each person
7    or persons in whose name the general taxes for the last
8    preceding year were paid on each parcel of land lying
9    within the proposed STAR bond project area within 10 days
10    following the date of the adoption of the resolution. The
11    resolution shall be published once in a newspaper of
12    general circulation in the political subdivision or on the
13    political subdivision's website not less than one week nor
14    more than 3 weeks preceding the date fixed for the public
15    hearing. A map or aerial photo clearly delineating the area
16    of land proposed to be included within the STAR bond
17    project area shall be published with the resolution.
18        (3) The hearing shall be held at a location that is
19    within 20 miles of the STAR bond district, in a facility
20    that can accommodate a large crowd, and in a facility that
21    is accessible to persons with disabilities.
22        (4) At the public hearing, a representative of the
23    political subdivision or master developer shall present
24    the STAR bond project plan. Following the presentation of
25    the STAR bond project plan, all interested persons shall be
26    given an opportunity to be heard. The governing body may

 

 

SB0189- 17 -LRB101 06690 AWJ 51717 b

1    continue the date and time of the public hearing.
2    (g) Upon conclusion of the public hearing, the governing
3body of the political subdivision may adopt the STAR bond
4project plan by a resolution approving the STAR bond project
5plan.
6    (h) After the adoption by the corporate authorities of the
7political subdivision of a STAR bond project plan, the
8political subdivision may enter into a project development
9agreement if the master developer has requested the political
10subdivision to be a party to the project development agreement
11pursuant to subsection (b) of Section 25.
12    (i) Within 30 days after the adoption by the political
13subdivision of a STAR bond project plan, the clerk of the
14political subdivision shall transmit a copy of the legal
15description of the land and a list of all new and existing
16mailing addresses within the STAR bond district, a copy of the
17resolution adopting the STAR bond project plan, and a map or
18plat indicating the boundaries of the STAR bond project area to
19the clerk, treasurer, and governing body of the county and to
20the Department of Revenue. Within 30 days of creation of any
21new mailing addresses within a STAR bond district, the clerk of
22the political subdivision shall provide written notice of such
23new addresses to the Department of Revenue.
24    If a certified copy of the resolution adopting the STAR
25bond project plan is filed with the Department on or before the
26first day of April, the Department, if all other requirements

 

 

SB0189- 18 -LRB101 06690 AWJ 51717 b

1of this subsection are met, shall proceed to collect and
2allocate any local sales tax increment and any State sales tax
3increment in accordance with the provisions of this Act as of
4the first day of July next following the adoption and filing.
5If a certified copy of the resolution adopting the STAR bond
6project plan is filed with the Department after April 1 but on
7or before the first day of October, the Department, if all
8other requirements of this subsection are met, shall proceed to
9collect and allocate any local sales tax increment and any
10State sales tax increment in accordance with the provisions of
11this Act as of the first day of January next following the
12adoption and filing.
13    Any substantial changes to a STAR bond project plan as
14adopted shall be subject to a public hearing following
15publication of notice thereof in a newspaper of general
16circulation in the political subdivision and approval by
17resolution of the governing body of the political subdivision.
18    The Department of Revenue shall not collect or allocate any
19local sales tax increment or State sales tax increment until
20the political subdivision also provides, in the manner
21prescribed by the Department, the boundaries of the STAR bond
22project area and each address in the STAR bond project area in
23such a way that the Department can determine by its address
24whether a business is located in the STAR bond project area.
25The political subdivision must provide this boundary and
26address information to the Department on or before April 1 for

 

 

SB0189- 19 -LRB101 06690 AWJ 51717 b

1administration and enforcement under this Act by the Department
2beginning on the following July 1 and on or before October 1
3for administration and enforcement under this Act by the
4Department beginning on the following January 1. The Department
5of Revenue shall not administer or enforce any change made to
6the boundaries of a STAR bond project or any address change,
7addition, or deletion until the political subdivision reports
8the boundary change or address change, addition, or deletion to
9the Department in the manner prescribed by the Department. The
10political subdivision must provide this boundary change or
11address change, addition, or deletion information to the
12Department on or before April 1 for administration and
13enforcement by the Department of the change, addition, or
14deletion beginning on the following July 1 and on or before
15October 1 for administration and enforcement by the Department
16of the change, addition, or deletion beginning on the following
17January 1. If a retailer is incorrectly included or excluded
18from the list of those located in the STAR bond project, the
19Department of Revenue shall be held harmless if it reasonably
20relied on information provided by the political subdivision.
21    (j) Any STAR bond project must be approved by the political
22subdivision prior to that date which is 23 years from the date
23of the approval of the STAR bond district, provided however
24that any amendments to such STAR bond project may occur
25following such date.
26    (k) Any developer of a STAR bond project shall commence

 

 

SB0189- 20 -LRB101 06690 AWJ 51717 b

1work on the STAR bond project within 3 years from the date of
2adoption of the STAR bond project plan. If the developer fails
3to commence work on the STAR bond project within the 3-year
4period, funding for the project shall cease and the developer
5of the project or complex shall have one year to appeal to the
6political subdivision for reapproval of the project and
7funding. If the project is reapproved, the 3-year period for
8commencement shall begin again on the date of the reapproval.
9    (l) After the adoption by the corporate authorities of the
10political subdivision of a STAR bond project plan and approval
11of the Director pursuant to subsection (d) of Section 20, the
12political subdivision may authorize the issuance of the STAR
13bonds in one or more series to finance the STAR bond project in
14accordance with the provisions of this Act.
15    (m) The maximum maturity of STAR bonds issued to finance a
16STAR bond project shall not exceed 23 years from the first date
17of distribution of State sales tax revenues from such STAR bond
18project to the political subdivision unless the political
19subdivision extends such maturity by resolution up to a maximum
20of 35 years from such first distribution date. Any such
21extension shall require the approval of the Director. In no
22event shall the maximum maturity date for any STAR bonds exceed
23that date which is 35 years from the first distribution date of
24the first STAR bonds issued in a STAR bond district.
25(Source: P.A. 96-939, eff. 6-24-10.)
 

 

 

SB0189- 21 -LRB101 06690 AWJ 51717 b

1    Section 30. The Illinois Municipal Code is amended by
2changing Sections 1-2-4, 2-4-4, 3.1-35-65, 3.1-35-125, 4-5-16,
37-1-5.1, 7-1-5.2, 7-1-12, 7-1-13, 7-7-6, 8-1-12, 8-2-6, 8-2-9,
48-2-9.9, 8-3-19, 8-4-20, 8-10-7, 9-1-6, 9-1-11, 9-2-52,
59-2-53, 9-2-79, 9-2-84, 9-2-103, 9-2-108, 9-2-113, 9-2-115,
69-2-123, 9-2-129, 9-3-11, 9-3-13, 9-3-25, 9-3-32, 9-3-36,
79-3-46, 11-4-8, 11-7-3, 11-13-2, 11-13-6, 11-13-14, 11-13-26,
811-14-3, 11-15.1-3, 11-22-2, 11-23-3, 11-23-15, 11-29.1-2,
911-29.3-1, 11-31-1, 11-42-11, 11-48.3-11, 11-48.3-23,
1011-48.3-25, 11-65-9, 11-71-3, 11-71-8, 11-74.2-4, 11-74.2-10,
1111-74.2-11, 11-74.2-15, 11-74.2-18, 11-74.3-2, 11-74.3-6,
1211-74.4-5, 11-74.4-6, 11-74.4-7, 11-74.6-22, 11-74.6-30,
1311-76-4.1, 11-76-4.2, 11-76.1-3, 11-76.2-2, 11-84-7, 11-91-1,
1411-92-8, 11-94-2, 11-102-4b, 11-102-7, 11-103-6, 11-103-12,
1511-117-3, 11-118-3, 11-122-2, 11-122-8, 11-122.1-1, 11-123-9,
1611-123-14, 11-126-1, 11-127-1, 11-128-2, 11-129-4, 11-130-4,
1711-130-12, 11-133-2, 11-135-5, 11-136-5, and 11-137-2 as
18follows:
 
19    (65 ILCS 5/1-2-4)  (from Ch. 24, par. 1-2-4)
20    Sec. 1-2-4. All ordinances of cities, villages and
21incorporated towns imposing any fine, penalty, imprisonment,
22or forfeiture, or making any appropriation, shall (1) be
23printed or published in book or pamphlet form, published by
24authority of the corporate authorities, or (2) be published at
25least once, within 30 days after passage: , in one or more

 

 

SB0189- 22 -LRB101 06690 AWJ 51717 b

1newspapers published in the municipality, or if no newspaper is
2published therein, then in one or more newspapers with a
3general circulation within the municipality; or on the
4municipality's website. If there is an error in printing, the
5publishing requirement of this Act shall be satisfied if those
6portions of the ordinance that were erroneously printed are
7republished, correctly, within 30 days after the original
8publication that contained the error. The fact that an error
9occurred in publication shall not affect the effective date of
10the ordinance so published. If the error in printing is not
11corrected within 30 days after the date of the original
12publication that contained the error, as provided in the
13preceding sentence, the corporate authorities may by ordinance
14declare the ordinance that was erroneously published to be
15nevertheless valid and in effect no sooner than the tenth day
16after the date of the original publication, notwithstanding the
17error in publication, and shall order the original ordinance to
18be published once more within 30 days after the passage of the
19validating ordinance. In municipalities with less than 500
20population in which no newspaper is published, publication may
21instead be made by posting a notice in 3 prominent places
22within the municipality. An annual appropriation ordinance
23adopted under Section 8-2-9 shall take effect upon passage, but
24no other ordinance described in this paragraph shall take
25effect until 10 days after it is so published, except that an
26ordinance imposing a municipal retailers' occupation tax

 

 

SB0189- 23 -LRB101 06690 AWJ 51717 b

1adopted under Section 8-11-1, or a Tourism, Convention and
2Other Special Events Promotion Tax adopted under Section
38-3-13, or effecting a change in the rate thereof shall take
4effect on the first day of the month next following the
5expiration of the 30 day publication period. However,
6ordinances establishing rules and regulations for the
7construction of buildings or any part thereof, or for the
8development or operation of camps accommodating persons in
9house trailers, house cars, cabins or tents, where such rules
10and regulations have been previously printed in book or
11pamphlet form, may by their terms provide for the adoption of
12such rules and regulations or portions thereof by reference
13thereto without further printing, or publication, if not less
14than one copy of such rules and regulations in book or pamphlet
15form has been filed in the office of the clerk of the
16municipality for use and examination by the public at least 30
17days prior to the adoption thereof.
18    All other ordinances, resolutions and motions, shall take
19effect upon their passage unless they otherwise provide.
20    This Section applies to incorporated towns even if the
21Section's provisions are in conflict with the charters of such
22incorporated towns.
23    Anything in this Section to the contrary notwithstanding,
24any ordinance which contains a statement of its urgency in the
25preamble or body thereof, other than an ordinance adopted under
26Article 8 of this Code, may take effect immediately upon its

 

 

SB0189- 24 -LRB101 06690 AWJ 51717 b

1passage provided that the corporate authorities, by a vote of
22/3 of all the members then holding office, so direct. The
3decision of the corporate authorities as to the urgency of any
4ordinance shall not be subject to judicial review except for an
5abuse of discretion.
6(Source: P.A. 89-266, eff. 1-1-96.)
 
7    (65 ILCS 5/2-4-4)  (from Ch. 24, par. 2-4-4)
8    Sec. 2-4-4. The corporate authorities shall fix the time
9when such petition shall be considered, and publish a notice
10thereof at least once, not more than 30 nor less than 15 days
11before the hearing, in one or more newspapers published in the
12municipality, or, if no newspaper is published therein, then in
13one or more newspapers with a general circulation within the
14municipality. The publication requirement may also be
15satisfied by publication of the notice on the municipality's
16website not more than 30 nor less than 15 days before the
17hearing. In municipalities with less than 500 population in
18which no newspaper is published, publication may instead be
19made by posting a notice in 3 prominent places within the
20municipality. The notice shall state that a change of the name
21of the municipality has been requested, the time when action on
22the petition will be taken, and that remonstrances, if any,
23will be heard at that time.
24(Source: Laws 1961, p. 576.)
 

 

 

SB0189- 25 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/3.1-35-65)  (from Ch. 24, par. 3.1-35-65)
2    Sec. 3.1-35-65. Treasurer; annual accounts.
3    (a) Within 6 months after the end of each fiscal year, the
4treasurer of each municipality having a population of less than
5500,000, as determined by the last preceding federal census,
6shall annually prepare and file with the clerk of the
7municipality an account of moneys received and expenditures
8incurred during the preceding fiscal year as specified in this
9Section. The treasurer shall show in the account:
10        (1) All moneys received by the municipality,
11    indicating the total amounts, in the aggregate, received in
12    each account of the municipality, with a general statement
13    concerning the source of receipts. In this paragraph, the
14    term "account" does not mean each individual taxpayer,
15    householder, licensee, utility user, or other persons
16    whose payments to the municipality are credited to a
17    general account.
18        (2) Except as provided in paragraph (3) of this
19    subsection (a), all moneys paid out by the municipality
20    where the total amount paid during the fiscal year exceeds
21    $2,500 in the aggregate, giving the name of each person to
22    whom moneys were paid and the total paid to each person.
23        (3) All moneys paid out by the municipality as
24    compensation for personal services, giving the name of each
25    person to whom moneys were paid and the total amount paid
26    to each person from each account, except that the treasurer

 

 

SB0189- 26 -LRB101 06690 AWJ 51717 b

1    may elect to report the compensation for personal services
2    of all personnel by name, listing each employee in one of
3    the following categories:
4            (A) under $25,000.00;
5            (B) $25,000.00 to $49,999.99;
6            (C) $50,000.00 to $74,999.99;
7            (D) $75,000.00 to $99,999.99;
8            (E) $100,000.00 to $124,999.99; or
9            (F) $125,000.00 and over.
10        (4) A summary statement of operations for all funds and
11    account groups of the municipality, as excerpted from the
12    annual financial report as filed with the appropriate State
13    agency.
14    (b) Upon receipt of the account from the municipal
15treasurer, the municipal clerk shall publish the account at
16least once in one or more newspapers published in the
17municipality or, if no newspaper is published in the
18municipality, then in one or more newspapers having a general
19circulation within the municipality. The publication
20requirement may also be satisfied by publication of the account
21on the municipality's website. In municipalities with a
22population of less than 500 in which no newspaper is published,
23however, publication may be made by posting a copy of the
24account in 3 prominent places within the municipality.
25(Source: P.A. 92-354, eff. 8-15-01.)
 

 

 

SB0189- 27 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/3.1-35-125)  (from Ch. 24, par. 3.1-35-125)
2    Sec. 3.1-35-125. Collector; reports. When required by the
3corporate authorities or by ordinance, the collector shall make
4a written report to the corporate authorities (or to any
5officer designated by the corporate authorities) of all money
6collected by the collector, the account on which collected, or
7of any other official matter. Between the first and tenth of
8April of each year, the collector shall file with the clerk a
9statement of (i) all the money collected by the collector
10during the year, (ii) the particular warrant, special
11assessment, or account on which collected, (iii) the balance of
12money uncollected on all warrants in the collector's
13possession, and (iv) the balance remaining uncollected at the
14time of the return on all warrants that the collector returned
15to the clerk during the preceding fiscal year. The clerk shall
16publish the statement at least once, within 10 days, in one or
17more newspapers published in the municipality or, if no
18newspaper is published in the municipality, then in one or more
19newspapers with a general circulation within the municipality.
20The publication requirement may also be satisfied by
21publication of the statement on the municipality's website
22within 10 days of filing the statement. In municipalities with
23less than 500 population in which no newspaper is published, a
24publication may instead be made by posting a notice in 3
25prominent places within the municipality.
26(Source: P.A. 87-1119.)
 

 

 

SB0189- 28 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/4-5-16)  (from Ch. 24, par. 4-5-16)
2    Sec. 4-5-16. Statement of receipts and expenses;
3examination of books and accounts; expenditure greater than
4appropriation.
5    (a) In municipalities with 25,000 or more inhabitants, the
6council each month shall print in pamphlet form, a detailed
7itemized statement of all receipts and expenses of the
8municipality and a summary of its proceedings during the
9preceding month. In municipalities with fewer than 25,000
10inhabitants, the council shall print a similar statement
11annually instead of monthly. The council shall furnish printed
12copies of each statement to (i) the State Library, (ii) the
13city library, (iii) all the daily and weekly newspapers with a
14general circulation in the municipality, and (iv) persons who
15apply for a copy at the office of the municipal clerk. If each
16statement is published on the municipality's website, the
17council does not need to furnish printed copies of each
18statement to daily and weekly newspapers under this subsection.
19    (b) At the end of each fiscal year, the council shall have
20licensed Certified Public Accountants permitted to perform
21audits under the Illinois Public Accounting Act make a full and
22complete examination of all books and accounts of the
23municipality and shall distribute the result of that
24examination in the manner provided in this Section.
25    (c) It is unlawful for the council or any commissioner to

 

 

SB0189- 29 -LRB101 06690 AWJ 51717 b

1expend, directly or indirectly, a greater amount for any
2municipal purpose than the amount appropriated for that purpose
3in the annual appropriation ordinance passed for that fiscal
4year. A violation of this provision by any member of the
5council shall constitute a petty offense.
6(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
 
7    (65 ILCS 5/7-1-5.1)  (from Ch. 24, par. 7-1-5.1)
8    Sec. 7-1-5.1. (a) This Section shall apply when the
9following conditions are met with respect to any tract within
10the territory sought to be annexed:
11    (1) the tract is commercial or industrial property;
12    (2) the tract is owned by a single owner;
13    (3) the tract is all or part of a parcel that lies on both
14sides of the Illinois and Michigan Canal;
15    (4) the tract is all or part of a parcel containing more
16than 800 acres; and
17    (5) the tract is located entirely within a county having a
18population of at least 300,000 but not more than 400,000.
19    (b) If the conditions of subsection (a) are met, then the
20following shall apply:
21    (1) Notwithstanding the provisions of Section 7-1-2, the
22notice of the annexation petition or ordinance, as the case may
23be, shall be given by the petitioner or corporate authorities,
24as the case may be, by publishing such notice in one newspaper
25of general circulation or on the municipality's website for 3

 

 

SB0189- 30 -LRB101 06690 AWJ 51717 b

1consecutive days, the third day of publication being not less
2than 30 and not more than 45 days prior to the date fixed for
3the hearing.
4    (2) Every owner of record of commercial or industrial
5property of 50 acres or more which lies within the territory to
6be annexed shall be notified by the petitioner or corporate
7authorities, as the case may be, by certified mail, of the
8public hearing, any meeting of the corporate authorities where
9a vote is to be taken in regard to the proposed annexation, and
10any impending referendum to annex, at least 30 days prior to
11any such public hearing, meeting, or referendum.
12    (3) Notwithstanding the provisions of Section 7-1-5, the
13ordinance shall be enacted not less than 30 and not more than
1445 days after the public hearing.
15    (4) No territory shall be annexed by any proceeding which
16does not require the consent of the owner of record unless at
17least one-third of such territory is used and occupied for
18residential purposes at the time of annexation.
19(Source: P.A. 85-1421.)
 
20    (65 ILCS 5/7-1-5.2)  (from Ch. 24, par. 7-1-5.2)
21    Sec. 7-1-5.2. Annexation of contiguous territory
22contributing to groundwater contamination.
23    (a) The corporate authorities of a municipality adjoining
24unincorporated territory in which the majority of residential,
25business, commercial, and industrial structures and

 

 

SB0189- 31 -LRB101 06690 AWJ 51717 b

1improvements are contaminating the groundwater of the State
2through the direct discharge of sanitary sewerage into
3underground mines and Class 5 injection wells, as defined by
4the Illinois Groundwater Pollution Control Code, may annex that
5territory, in whole or in part, after adopting an ordinance to
6that effect and filing it with the clerk of the circuit court
7of the county in which the territory is located. The ordinance
8shall certify the following:
9        (1) That the territory sought to be annexed is
10    contiguous to the municipality seeking annexation and not
11    within the corporate boundaries of any other municipality.
12        (2) That a survey of all residential, business,
13    commercial, and industrial structures and improvements in
14    the territory sought to be annexed has shown that a
15    majority of those structures and improvements are
16    discharging untreated sanitary sewerage directly into
17    underground mines or Class 5 injection wells as defined by
18    the Illinois Groundwater Pollution Control Code.
19        (3) That the corporate authorities of the municipality
20    seeking annexation have approved a plan for eliminating
21    groundwater contamination by providing sanitary sewerage
22    collection and treatment facilities to serve the territory
23    sought to be annexed within 5 years from the date of
24    annexation to the municipality.
25        (4) That no tract of land in excess of 10 acres has
26    been included in the ordinance without the express consent

 

 

SB0189- 32 -LRB101 06690 AWJ 51717 b

1    of the owner or owners of the tract.
2    The circuit court shall enter an order fixing the date and
3time for a hearing on the proposed annexation. The date for the
4hearing shall be not less than 20 nor more than 30 days after
5the filing of the ordinance. The corporate authorities shall
6give notice of the proposed annexation not more than 30 nor
7less than 15 days before the date fixed for the hearing. This
8notice shall state that an ordinance has been filed and shall
9give the substance of the ordinance, including a description of
10the territory to be annexed, the name of the annexing
11municipality, and the date fixed for the hearing. This notice
12shall be given by publishing it at least once in one or more
13newspapers published in the annexing municipality or on the
14annexing municipality's website. A copy of this notice shall be
15filed with the clerk of the annexing municipality.
16    The corporate authorities shall pay to the clerk of the
17circuit court $10 as a filing and service fee, and no ordinance
18shall be filed until this fee is paid.
19    (b) After the filing of the ordinance, but not less than 5
20days before the date fixed for the hearing, any interested
21person may file with the clerk of the circuit court objections
22(i) that the territory described in the ordinance is not
23contiguous to the annexing municipality, (ii) that all or a
24portion of the territory described in the ordinance is included
25within the boundaries of another municipality, (iii) that a
26majority of all residential, business, commercial, and

 

 

SB0189- 33 -LRB101 06690 AWJ 51717 b

1industrial structures and improvements in the territory sought
2to be annexed are not discharging untreated sanitary sewerage
3directly into underground mines or Class 5 injection wells as
4defined by the Illinois Groundwater Pollution Control Code,
5(iv) that the corporate authorities of the municipality seeking
6annexation do not have a plan for eliminating groundwater
7contamination by providing sanitary sewerage collection and
8treatment facilities to serve the territory sought to be
9annexed within 5 years from the date of annexation to the
10municipality, (v) that the description of the territory
11contained in the ordinance is inadequate, or (vi) that a tract
12of land in excess of 10 acres has been included in the
13ordinance without the express consent of the owner or owners of
14the tract.
15    (c) The cause shall be heard without further pleadings. At
16the hearing the objectors may be heard in person or by counsel.
17The court shall hear and determine only objections set forth in
18subsection (b). The only matters for determination at the
19hearing shall be the validity of the annexation ordinance, and
20the decision of the court shall be final. If the court finds
21(i) that the territory described in the ordinance is not
22contiguous to the annexing municipality, (ii) that all or a
23portion of the territory described in the ordinance is included
24within the boundaries of another municipality, (iii) that a
25majority of all residential, business, commercial, and
26industrial structures and improvements in the territory sought

 

 

SB0189- 34 -LRB101 06690 AWJ 51717 b

1to be annexed are not discharging untreated sanitary sewerage
2directly into underground mines or Class 5 injection wells as
3defined by the Illinois Groundwater Pollution Control Code,
4(iv) that the corporate authorities of the municipality seeking
5annexation do not have a plan for eliminating groundwater
6contamination by providing sanitary sewerage collection and
7treatment facilities to serve the territory sought to be
8annexed within 5 years from the date of annexation to the
9municipality, (v) that the description of the territory
10contained in the ordinance is inadequate, or (vi) that a tract
11of land in excess of 10 acres has been included in the
12ordinance without the express consent of the owner or owners of
13the tract, then the court shall find the ordinance invalid and
14dismiss the petition.
15    If the court finds that the ordinance is valid, the court
16shall (i) enter an order describing the territory to be
17annexed, (ii) find that the ordinance complies with this
18Section, and (iii) direct that the question of annexation be
19submitted to the corporate authorities of the annexing
20municipality for final action. A certified copy of the order of
21the court directing that the question of annexation be
22submitted to the corporate authorities shall be sent to the
23clerk of the annexing municipality. A final order of the court
24may be appealed as in other civil actions.
25    (d) After the municipal clerk receives the certified copy
26of the court order, the corporate authorities of the annexing

 

 

SB0189- 35 -LRB101 06690 AWJ 51717 b

1municipality shall proceed to consider the question of the
2annexation of the described territory. A majority vote of the
3corporate authorities then holding office is required to annex
4the territory. The vote shall be by "ayes" and "nays" entered
5on the legislative records of the municipality. Except as
6otherwise provided in Section 7-1-1, this decision of the
7corporate authorities shall be effective after the expiration
8of 30 days.
9(Source: P.A. 87-1196.)
 
10    (65 ILCS 5/7-1-12)  (from Ch. 24, par. 7-1-12)
11    Sec. 7-1-12. Upon a written petition which is signed by a
12majority of the owners of record of land in any contiguous
13unincorporated territory wholly bounded by 2 or more
14municipalities and after the notice required by this Section
15has been given, the specified territory may be annexed by any
16one of the specified municipalities by the passage of an
17ordinance providing therefor. The corporate authorities of the
18annexing municipality shall cause notice of the filing of such
19petition to be published once, in a newspaper of general
20circulation within the territory to be annexed or on the
21annexing municipality's website, not less than 10 days before
22the passage of the annexation ordinance. When the territory to
23be annexed lies wholly or partially within a township other
24than that township where the municipality is situated, the
25annexing municipality shall give at least 10 days prior written

 

 

SB0189- 36 -LRB101 06690 AWJ 51717 b

1notice of the time and place of the passage of the annexation
2ordinance to the township supervisor of the township where the
3territory to be annexed lies. The ordinance shall describe the
4territory annexed, which may not exceed 1/3 the area of the
5annexing municipality before the annexation. A copy of the
6annexing ordinance and an accurate map of the annexed territory
7shall be recorded by the recorder of the county wherein the
8annexed territory is situated and a document of annexation
9shall be filed with the county clerk and County Election
10Authority.
11(Source: P.A. 86-769.)
 
12    (65 ILCS 5/7-1-13)  (from Ch. 24, par. 7-1-13)
13    Sec. 7-1-13. Annexation.
14    (a) Whenever any unincorporated territory containing 60
15acres or less, is wholly bounded by (a) one or more
16municipalities, (b) one or more municipalities and a creek in a
17county with a population of 400,000 or more, or one or more
18municipalities and a river or lake in any county, (c) one or
19more municipalities and the Illinois State boundary, (d) except
20as provided in item (h) of this subsection (a), one or more
21municipalities and property owned by the State of Illinois,
22except highway right-of-way owned in fee by the State, (e) one
23or more municipalities and a forest preserve district or park
24district, (f) if the territory is a triangular parcel of less
25than 10 acres, one or more municipalities and an interstate

 

 

SB0189- 37 -LRB101 06690 AWJ 51717 b

1highway owned in fee by the State and bounded by a frontage
2road, (g) one or more municipalities in a county with a
3population of more than 800,000 inhabitants and less than
42,000,000 inhabitants and either a railroad or operating
5property, as defined in the Property Tax Code (35 ILCS
6200/11-70), being immediately adjacent to, but exclusive of
7that railroad property, (h) one or more municipalities located
8within a county with a population of more than 800,000
9inhabitants and less than 2,000,000 inhabitants and property
10owned by the State, including without limitation a highway
11right-of-way owned in fee by the State, or (i) one or more
12municipalities and property on which a federally funded
13research facility in excess of 2,000 acres is located, that
14territory may be annexed by any municipality by which it is
15bounded in whole or in part, by the passage of an ordinance to
16that effect after notice is given as provided in subsection (b)
17of this Section. Land or property that is used for agricultural
18purposes or to produce agricultural goods shall not be annexed
19pursuant to item (g). Nothing in this Section shall subject any
20railroad property to the zoning or jurisdiction of any
21municipality annexing the property under this Section. The
22ordinance shall describe the territory annexed and a copy
23thereof together with an accurate map of the annexed territory
24shall be recorded in the office of the recorder of the county
25wherein the annexed territory is situated and a document of
26annexation shall be filed with the county clerk and County

 

 

SB0189- 38 -LRB101 06690 AWJ 51717 b

1Election Authority. Nothing in this Section shall be construed
2as permitting a municipality to annex territory of a forest
3preserve district in a county with a population of 3,000,000 or
4more without obtaining the consent of the district pursuant to
5Section 8.3 of the Cook County Forest Preserve District Act nor
6shall anything in this Section be construed as permitting a
7municipality to annex territory owned by a park district
8without obtaining the consent of the district pursuant to
9Section 8-1.1 of the Park District Code.
10    (b) The corporate authorities shall cause notice, stating
11that annexation of the territory described in the notice is
12contemplated under this Section, to be published once, in a
13newspaper of general circulation within the territory to be
14annexed or on the annexing municipality's website, not less
15than 10 days before the passage of the annexation ordinance,
16and for land annexed pursuant to item (g) of subsection (a) of
17this Section, notice shall be given to the impacted land
18owners. The corporate authorities shall also, not less than 15
19days before the passage of the annexation ordinance, serve
20written notice, either in person or, at a minimum, by certified
21mail, on the taxpayer of record of the proposed annexed
22territory as appears from the authentic tax records of the
23county. When the territory to be annexed lies wholly or
24partially within a township other than the township where the
25municipality is situated, the annexing municipality shall give
26at least 10 days prior written notice of the time and place of

 

 

SB0189- 39 -LRB101 06690 AWJ 51717 b

1the passage of the annexation ordinance to the township
2supervisor of the township where the territory to be annexed
3lies. If the territory to be annexed lies within the
4unincorporated area of a county, then the annexing municipality
5shall give at least 10 days' prior written notice of the time
6and place of the passage of the annexation ordinance to the
7corporate authorities of the county where the territory to be
8annexed lies.
9    (c) When notice is given as described in subsection (b) of
10this Section, no other municipality may annex the proposed
11territory for a period of 60 days from the date the notice is
12mailed or delivered to the taxpayer of record unless that other
13municipality has initiated annexation proceedings or a valid
14petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
15of this Code has been received by the municipality prior to the
16publication and mailing of the notices required in subsection
17(b).
18(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10;
1996-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff.
208-19-11.)
 
21    (65 ILCS 5/7-7-6)  (from Ch. 24, par. 7-7-6)
22    Sec. 7-7-6. Publication of consolidation ordinance. At any
23time not less than 30 nor more than 60 days prior to the
24referendum thereon, the consolidation ordinance shall be
25published by the clerk in a newspaper of general circulation in

 

 

SB0189- 40 -LRB101 06690 AWJ 51717 b

1each of the consolidating municipalities. The publication
2requirement may also be satisfied by publication of the
3consolidation ordinance on each of the consolidating
4municipalities' websites.
5(Source: P.A. 85-1159.)
 
6    (65 ILCS 5/8-1-12)  (from Ch. 24, par. 8-1-12)
7    Sec. 8-1-12. Each warrant issued under Section 8-1-11 may
8be made payable at the time fixed in the warrant and shall bear
9interest, payable only out of the taxes against which it is
10drawn, at a rate not to exceed the maximum rate authorized by
11the Bond Authorization Act, as amended at the time of the
12making of the contract, from the date of its issuance until
13paid, or until notice that the money for its payment is
14available, and that it will be paid on presentation, is given
15by publication in one or more newspapers published in the
16municipality, or, if no newspaper is published therein, then in
17one or more newspapers with a general circulation within the
18municipality. The publication requirement may also be
19satisfied by publication of the notice on the municipality's
20website. In municipalities with less than 500 population in
21which no newspaper is published, publication may instead be
22made by posting a notice in 3 prominent places within the
23municipality. However, a lower rate of interest may be
24specified in the warrant, in which case the interest shall be
25computed and paid at that lower rate. The amendatory Acts of

 

 

SB0189- 41 -LRB101 06690 AWJ 51717 b

11971, 1972 and 1973 are not a limit upon any municipality which
2is a home rule unit.
3    With respect to instruments for the payment of money issued
4under this Section either before, on, or after the effective
5date of this amendatory Act of 1989, it is and always has been
6the intention of the General Assembly (i) that the Omnibus Bond
7Acts are and always have been supplementary grants of power to
8issue instruments in accordance with the Omnibus Bond Acts,
9regardless of any provision of this Act that may appear to be
10or to have been more restrictive than those Acts, (ii) that the
11provisions of this Section are not a limitation on the
12supplementary authority granted by the Omnibus Bond Acts, and
13(iii) that instruments issued under this Section within the
14supplementary authority granted by the Omnibus Bond Acts are
15not invalid because of any provision of this Act that may
16appear to be or to have been more restrictive than those Acts.
17(Source: P.A. 86-4.)
 
18    (65 ILCS 5/8-2-6)  (from Ch. 24, par. 8-2-6)
19    Sec. 8-2-6. Budget document; availability; hearing;
20limitations on appropriations.
21    (a) The corporate authorities in municipalities specified
22in Section 8-2-1 shall make the budget document as submitted by
23the mayor conveniently available to public inspection for at
24least 10 days before the passage of the annual appropriation
25ordinance, by publication in the journal of the proceedings of

 

 

SB0189- 42 -LRB101 06690 AWJ 51717 b

1the corporate authorities or in another form prescribed by the
2corporate authorities.
3    (b) Not less than one week after the publication of the
4budget document, and before final action on the appropriation
5ordinance, the corporate authorities shall hold at least one
6public hearing on the budget document. Notice of this hearing
7shall be given by publication in a newspaper having a general
8circulation in the municipality or on the municipality's
9website at least one week before the time of the hearing. After
10the public hearing and before final action is taken on the
11appropriation ordinance, the corporate authorities may revise,
12alter, increase, or decrease the items contained in the budget
13document. Upon completion of its action on the budget document,
14the corporate authorities shall enact the budget document as so
15revised as the annual appropriation ordinance.
16    (c) All of the requirements pertaining to the form and
17substance of the budget document, including limitations, as
18prescribed in Sections 8-2-1 through 8-2-8, shall be applicable
19to the appropriation ordinance. Detailed schedules supporting
20the appropriation ordinance shall be attached to the ordinance
21and shall be published in the official record of the
22municipalities simultaneously with the appropriation
23ordinance, but shall not be considered as an official part of
24the ordinance.
25    (d) The aggregate amount finally appropriated by the
26appropriation ordinance, including any subsequent amendment of

 

 

SB0189- 43 -LRB101 06690 AWJ 51717 b

1the ordinance, from any fund or for any purpose (including
2amounts appropriated for judgments and all other unpaid
3liabilities and all other purposes for which the corporate
4authorities are by this Section or otherwise by law required to
5appropriate) shall not exceed the aggregate amount available in
6that fund or for that purpose as shown by the estimates of the
7available assets thereof at the beginning of the fiscal year
8for which appropriations are made and of taxes and other
9current revenue set forth in the budget document as submitted
10to the corporate authorities or as revised by the budget
11director. If the appropriations from any fund as set forth in
12the appropriation ordinance as finally adopted exceed in the
13aggregate the maximum amount that the corporate authorities are
14authorized by this Section to appropriate from the fund, all
15appropriations made from that fund by the appropriation
16ordinance are void. In this latter event, the several amounts
17appropriated for current operation and maintenance expense in
18the appropriation ordinance of the last preceding fiscal year
19shall be deemed to be appropriated for the fiscal year for
20which the void appropriations were made for the objects and
21purposes, respectively, as specified in the last preceding
22appropriation ordinance. The several amounts so deemed to be
23appropriated shall constitute lawful appropriations upon which
24taxes for the fiscal year for which the void appropriations
25were made may be levied under Section 8-3-1.
26    (e) The corporate authorities may amend the annual

 

 

SB0189- 44 -LRB101 06690 AWJ 51717 b

1appropriation ordinance at their next regular meeting
2occurring not less than 5 days after the passage of the
3ordinance, in the same manner as other ordinances. If any item
4of appropriation contained in the appropriation ordinance is
5vetoed by the mayor, with a recommendation for a change in that
6item, the adoption of the recommendation by a yea and nay vote
7shall be regarded as the equivalent of an amendment of the
8annual appropriation ordinance with the same effect as if an
9amendatory ordinance were duly passed. The appropriation
10ordinance, as originally passed or as subsequently amended,
11also may be amended at any regular or special meeting of the
12corporate authorities held not more than 15 days after the
13first regular meeting of the corporate authorities occurring
14not less than 5 days after the passage of the ordinance, by
15repealing or reducing the amount of any item of appropriation
16contained in the ordinance.
17(Source: P.A. 87-1119.)
 
18    (65 ILCS 5/8-2-9)  (from Ch. 24, par. 8-2-9)
19    Sec. 8-2-9. In municipalities with less than 500,000
20inhabitants, the corporate authorities shall pass an ordinance
21within the first quarter of each fiscal year, to be termed the
22annual appropriation ordinance. In this ordinance, the
23corporate authorities (i) may appropriate sums of money deemed
24necessary to defray all necessary expenses and liabilities of
25the municipalities, including the amounts to be deposited in

 

 

SB0189- 45 -LRB101 06690 AWJ 51717 b

1the reserves provided for in the Illinois Pension Code and (ii)
2shall specify the objects and purposes for which these
3appropriations are made and the amount appropriated for each
4object or purpose. Among the objects and purposes specified
5shall be the reserves provided for in the Illinois Pension
6Code. Except as otherwise provided, no further appropriations
7shall be made at any other time within the same fiscal year,
8unless a proposition to make each additional appropriation has
9been first sanctioned by a petition signed by electors of the
10municipality numbering more than 50% of the number of votes
11cast for the candidates for mayor or president at the last
12preceding general municipal election at which a mayor or
13president was elected, by a petition signed by them, or by a
14majority of those voting on the question at a regular election
15or at an emergency referendum authorized in accordance with the
16general election law. The corporate authorities may by
17ordinance initiate the submission of the proposition. During
18any fiscal year, the corporate authorities in municipalities
19subject to this Section may adopt a supplemental appropriation
20ordinance in an amount not in excess of the aggregate of any
21additional revenue available to the municipality, or estimated
22to be received by the municipality after the adoption of the
23annual appropriation ordinance for that fiscal year, or from
24fund balances available when the annual appropriation
25ordinance was adopted but that were not appropriated at that
26time. The provisions of this Section prohibiting further

 

 

SB0189- 46 -LRB101 06690 AWJ 51717 b

1appropriations without sanction by petition or election shall
2not be applicable to the supplemental appropriation for that
3fiscal year. The corporate authorities at any time, however, by
4a two-thirds vote of all the members of the body, may make
5transfers within any department or other separate agency of the
6municipal government of sums of money appropriated for one
7corporate object or purpose to another corporate object or
8purpose, but no appropriation for any object or purpose shall
9thereby be reduced below an amount sufficient to cover all
10obligations incurred or to be incurred against the
11appropriation. Nothing in this Section shall deprive the
12corporate authorities of the power to provide for and cause to
13be paid from the funds of the municipality any charge imposed
14by law without the action of the corporate authorities, the
15payment of which is ordered by a court of competent
16jurisdiction.
17    At least 10 days before the adoption of the annual
18appropriation ordinance, the corporate authorities of
19municipalities over 2,000 in population shall make the proposed
20appropriation ordinance or a formally prepared appropriation
21or budget document upon which the annual appropriation
22ordinance will be based conveniently available to public
23inspection. In addition, the corporate authorities shall hold
24at least one public hearing on that proposed appropriation
25ordinance. Notice of this hearing shall be given publication in
26one or more newspapers published in the municipality or, if

 

 

SB0189- 47 -LRB101 06690 AWJ 51717 b

1there is none published in the municipality, in a newspaper
2published in the county and having general circulation in the
3municipality at least 10 days before the time of the public
4hearing. The publication requirement may also be satisfied by
5publication of the notice on the municipality's website at
6least 10 days before the public hearing. The notice shall state
7the time and place of the hearing and the place where copies of
8the proposed appropriation ordinance or formally prepared
9appropriation or budget document will be accessible for
10examination. The annual appropriation ordinance may be adopted
11at the same meeting at which the public hearing is held or at
12any time after that public hearing.
13    After the public hearing and before final action is taken
14on the appropriation ordinance, the corporate authorities may
15revise, alter, increase, or decrease the items contained in the
16ordinance.
17    Notwithstanding any above provision of this Section, any
18municipality in which Article 5 becomes effective after the
19annual appropriation ordinance has been passed for the current
20fiscal year may amend the appropriation ordinance in any manner
21necessary to make Article 5 fully operative in that
22municipality for that fiscal year. No amendment shall be
23construed, however, to affect any tax levy made on the basis of
24the original appropriation ordinance.
25    This Section does not apply to municipalities operating
26under special charters.

 

 

SB0189- 48 -LRB101 06690 AWJ 51717 b

1(Source: P.A. 86-1470; 87-365.)
 
2    (65 ILCS 5/8-2-9.9)  (from Ch. 24, par. 8-2-9.9)
3    Sec. 8-2-9.9. The corporate authorities shall make the
4tentative annual budget conveniently available to public
5inspection for at least ten days prior to the passage of the
6annual budget, by publication in the journal of the proceedings
7of the corporate authorities or in such other form as the
8corporate authorities may prescribe. Not less than one week
9after the publication of the tentative annual budget, and prior
10to final action on the budget, the corporate authorities shall
11hold at least one public hearing on the tentative annual
12budget, after which hearing or hearings the tentative budget
13may be further revised and passed without any further
14inspection, notice or hearing. Notice of this hearing shall be
15given by publication in a newspaper having a general
16circulation in the municipality or on the municipality's
17website at least one week prior to the time of the hearing.
18(Source: P.A. 76-1117.)
 
19    (65 ILCS 5/8-3-19)
20    Sec. 8-3-19. Home rule real estate transfer taxes.
21    (a) After the effective date of this amendatory Act of the
2293rd General Assembly and subject to this Section, a home rule
23municipality may impose or increase a tax or other fee on the
24privilege of transferring title to real estate, on the

 

 

SB0189- 49 -LRB101 06690 AWJ 51717 b

1privilege of transferring a beneficial interest in real
2property, and on the privilege of transferring a controlling
3interest in a real estate entity, as the terms "beneficial
4interest", "controlling interest", and "real estate entity"
5are defined in Article 31 of the Property Tax Code. Such a tax
6or other fee shall hereafter be referred to as a real estate
7transfer tax.
8    (b) Before adopting a resolution to submit the question of
9imposing or increasing a real estate transfer tax to
10referendum, the corporate authorities shall give public notice
11of and hold a public hearing on the intent to submit the
12question to referendum. This hearing may be part of a regularly
13scheduled meeting of the corporate authorities. The notice
14shall be published not more than 30 nor less than 10 days prior
15to the hearing in a newspaper of general circulation within the
16municipality or on the municipality's website. The notice shall
17be published in the following form:
18        Notice of Proposed (Increased) Real Estate Transfer
19    Tax for (commonly known name of municipality).
20        A public hearing on a resolution to submit to
21    referendum the question of a proposed (increased) real
22    estate transfer tax for (legal name of the municipality) in
23    an amount of (rate) to be paid by the buyer (seller) of the
24    real estate transferred will be held on (date) at (time) at
25    (location). The current rate of real estate transfer tax
26    imposed by (name of municipality) is (rate).

 

 

SB0189- 50 -LRB101 06690 AWJ 51717 b

1        Any person desiring to appear at the public hearing and
2    present testimony to the taxing district may do so.
3    (c) A notice that includes any information not specified
4and required by this Section is an invalid notice. All hearings
5shall be open to the public. At the public hearing, the
6corporate authorities of the municipality shall explain the
7reasons for the proposed or increased real estate transfer tax
8and shall permit persons desiring to be heard an opportunity to
9present testimony within reasonable time limits determined by
10the corporate authorities. A copy of the proposed ordinance
11shall be made available to the general public for inspection
12before the public hearing.
13    (d) Except as provided in subsection (i), no home rule
14municipality shall impose a new real estate transfer tax after
15the effective date of this amendatory Act of 1996 without prior
16approval by referendum. Except as provided in subsection (i),
17no home rule municipality shall impose an increase of the rate
18of a current real estate transfer tax without prior approval by
19referendum. A home rule municipality may impose a new real
20estate transfer tax or may increase an existing real estate
21transfer tax with prior referendum approval. The referendum
22shall be conducted as provided in subsection (e). An existing
23ordinance or resolution imposing a real estate transfer tax may
24be amended without approval by referendum if the amendment does
25not increase the rate of the tax or add transactions on which
26the tax is imposed.

 

 

SB0189- 51 -LRB101 06690 AWJ 51717 b

1    (e) The home rule municipality shall, by resolution,
2provide for submission of the proposition to the voters. The
3home rule municipality shall certify the resolution and the
4proposition to the proper election officials in accordance with
5the general election law. If the proposition is to impose a new
6real estate transfer tax, it shall be in substantially the
7following form: "Shall (name of municipality) impose a real
8estate transfer tax at a rate of (rate) to be paid by the buyer
9(seller) of the real estate transferred, with the revenue of
10the proposed transfer tax to be used for (purpose)?". If the
11proposition is to increase an existing real estate transfer
12tax, it shall be in the following form: "Shall (name of
13municipality) impose a real estate transfer tax increase of
14(percent increase) to establish a new transfer tax rate of
15(rate) to be paid by the buyer (seller) of the real estate
16transferred? The current rate of the real estate transfer tax
17is (rate), and the revenue is used for (purpose). The revenue
18from the increase is to be used for (purpose).".
19    If a majority of the electors voting on the proposition
20vote in favor of it, the municipality may impose or increase
21the municipal real estate transfer tax or fee.
22    (f) Nothing in this amendatory Act of 1996 shall limit the
23purposes for which real estate transfer tax revenues may be
24collected or expended.
25    (g) A home rule municipality may not impose real estate
26transfer taxes other than as authorized by this Section. This

 

 

SB0189- 52 -LRB101 06690 AWJ 51717 b

1Section is a denial and limitation of home rule powers and
2functions under subsection (g) of Section 6 of Article VII of
3the Illinois Constitution.
4    (h) Notwithstanding subsection (g) of this Section, any
5real estate transfer taxes adopted by a municipality at any
6time prior to January 17, 1997 (the effective date of Public
7Act 89-701) and any amendments to any existing real estate
8transfer tax ordinance adopted after that date, in accordance
9with the law in effect at the time of the adoption of the
10amendments, are not preempted by this amendatory Act of the
1193rd General Assembly.
12    (i) Within 6 months after the effective date of this
13amendatory Act of the 95th General Assembly, by ordinance
14adopted without a referendum, a home rule municipality with a
15population in excess of 1,000,000 may increase the rate of an
16existing real estate transfer tax by a rate of up to $1.50 for
17each $500 of value or fraction thereof, or in the alternative
18may impose a real estate transfer tax at a rate of up to $1.50
19for each $500 of value or fraction thereof, which may be on the
20buyer or seller of real estate, or jointly and severally on
21both, for the sole purpose of providing financial assistance to
22the Chicago Transit Authority. All amounts collected under such
23supplemental tax, after fees for costs of collection, shall be
24provided to the Chicago Transit Authority pursuant to an
25intergovernmental agreement as promptly as practicable upon
26their receipt. Such municipality shall file a copy of any

 

 

SB0189- 53 -LRB101 06690 AWJ 51717 b

1ordinance imposing or increasing such tax with the Illinois
2Department of Revenue and shall file a report with the
3Department each month certifying the amount paid to the Chicago
4Transit Authority in the previous month from the proceeds of
5such tax.
6(Source: P.A. 95-708, eff. 1-18-08.)
 
7    (65 ILCS 5/8-4-20)  (from Ch. 24, par. 8-4-20)
8    Sec. 8-4-20. After the ordinance providing for the issuance
9of the refunding revenue bonds has been passed, it shall be
10published at least once within 10 days after its passage in one
11or more newspapers published in the municipality, or, if no
12newspaper is published therein, then in one or more newspapers
13with a general circulation within the municipality. The
14publication requirement may also be satisfied by publication of
15the ordinance on the municipality's website at least once
16within 10 days after its passage. In municipalities with less
17than 500 population in which no newspaper is published,
18publication may instead be made by posting a notice in 3
19prominent places within the municipality. The ordinance shall
20not become effective until 10 days after its publication.
21(Source: Laws 1961, p. 576.)
 
22    (65 ILCS 5/8-10-7)  (from Ch. 24, par. 8-10-7)
23    Sec. 8-10-7. All proposals to award purchase orders or
24contracts involving amounts in excess of $10,000 shall be

 

 

SB0189- 54 -LRB101 06690 AWJ 51717 b

1published at least 10 days, excluding Sundays and legal
2holidays, in advance of the date announced for the receiving of
3bids, in a secular English language daily newspaper of general
4circulation throughout such municipality or on the
5municipality's website and shall simultaneously be posted on
6readily accessible bulletin boards in the office of the
7purchasing agent. Nothing contained in this section shall be
8construed to prohibit the purchasing agent from placing
9additional announcements in recognized trade journals.
10Advertisements for bids shall describe the character of the
11proposed contract or agreement in sufficient detail to enable
12the bidders thereon to know what their obligations will be,
13either in the advertisement itself, or by reference to detailed
14plans and specifications on file at the time of the publication
15of the first announcement. Such advertisement shall also state
16the date, time and place assigned for the opening of bids, and
17no bids shall be received at any time subsequent to the time
18indicated in the announcement. However, an extension of time
19may be granted for the opening of such bids upon publication in
20a secular English newspaper of general circulation throughout
21such municipality of the date to which the bid opening has been
22extended. The time of the bid extension opening shall not be
23less than 5 days after the publication thereof, Sundays and
24legal holidays excluded.
25    Cash, cashier's check, a certified check, a comptroller's
26certificate of moneys owed the particular vendor, or a bid bond

 

 

SB0189- 55 -LRB101 06690 AWJ 51717 b

1with adequate surety approved by the purchasing agent as a
2deposit of good faith, in a reasonable amount, but not in
3excess of 10% of the contract amount may be required of each
4bidder by the purchasing agent on all bids involving amounts in
5excess of $10,000 and, if so required, the advertisement for
6bids shall so specify.
7(Source: P.A. 84-1269.)
 
8    (65 ILCS 5/9-1-6)  (from Ch. 24, par. 9-1-6)
9    Sec. 9-1-6. Before the money so remaining undistributed or
10unclaimed and in the possession of a municipality is set aside
11and transferred into the unclaimed rebate fund, the board of
12local improvements, or the committee on local improvements, as
13the case may be, of the municipality shall have a notice
14published at least once a week for 8 successive weeks in a
15newspaper published in the municipality, or, if no newspaper is
16published therein, then in a newspaper with a general
17circulation within the municipality. The publication
18requirement may also be satisfied by publication of the notice
19on the municipality's website at least once a week for 8
20successive weeks. In municipalities with less than 500
21population in which no newspaper is published, publication may
22be made by posting a notice in 3 prominent places within the
23municipality.
24    The notice shall describe in a general manner the
25improvement in which there is an undistributed or unclaimed

 

 

SB0189- 56 -LRB101 06690 AWJ 51717 b

1rebate or refund, giving the location of the improvement and
2the warrant number, and shall give notice that the
3municipality, by ordinance after the expiration of 60 days from
4the date of the first publication of this notice, will set
5aside and transfer all money which has remained for a period of
64 years, or more, undistributed or unclaimed as a rebate or
7refund, into the unclaimed rebate fund, and shall state that
8unless the money is claimed by the person entitled thereto
9within the 60 day period, and the passage of an ordinance by
10the municipality, all interest therein and all right and title
11thereto shall be forfeited and barred.
12    A certificate of the publication of this notice, with a
13copy thereof, accompanied by the affidavit of the publisher
14that the publication has been made and setting forth the date
15of the first and last publication thereof shall be filed in the
16office of the board of local improvements, or the committee on
17local improvements, as the case may be. The board or committee
18thereupon shall certify the fact of the publication to the
19corporate authorities of the municipality and shall therewith
20recommend the passage of an ordinance making transfer of the
21specified money into the unclaimed rebate fund.
22(Source: P.A. 80-179.)
 
23    (65 ILCS 5/9-1-11)  (from Ch. 24, par. 9-1-11)
24    Sec. 9-1-11. Whenever the treasurer of any municipality has
25petitioned a court of record for directions as to the

 

 

SB0189- 57 -LRB101 06690 AWJ 51717 b

1distribution of undistributed or unclaimed money received from
2the making of any local improvement paid for wholly or in part
3by special assessment or special taxation, and, under order of
4the court, public notice has been given of the amounts of
5rebates payable and of the names of the persons entitled to
6them by publication one time in a secular newspaper of general
7circulation in the county where the municipality is located or
8on the municipality's website, and more than one year has
9elapsed since the publication of the notice, the judge of the
10court of record may order the money remaining unclaimed to be
11paid to the treasurer of the municipality in trust. However, in
12all cases where all special assessment bonds in a special
13assessment warrant have been paid and retired and where
14reimbursements have been made, all moneys remaining in such
15warrants shall be paid over and transferred to the general
16corporate fund of the municipality.
17(Source: Laws 1961, p. 576.)
 
18    (65 ILCS 5/9-2-52)  (from Ch. 24, par. 9-2-52)
19    Sec. 9-2-52. Whenever sufficient funds are on hand, the
20corporate authorities of the municipality issuing improvement
21bonds shall direct the treasurer, or such other officer as may
22be designated by ordinance for that purpose, to select by lot,
23bonds of series to be paid, or the corporate authorities shall
24direct the treasurer or the other officer so designated to make
25a pro rata payment on all unpaid bonds in the series. The

 

 

SB0189- 58 -LRB101 06690 AWJ 51717 b

1treasurer or other officer so designated shall send notice by
2registered mail to the address of the known owner of each of
3the designated bonds as set out in the treasurer's records,
4specifying a day not less than 30 days after the date of the
5notice, upon which the designated bonds will be paid either in
6full or in part, as the case may be, at his office. He shall
7also supplement this notice by publishing a notice of the
8number of bonds to be so paid, not less than 15 days prior to
9the day set for payment, in one or more newspapers published in
10the municipality, or, if no newspaper is published therein,
11then in one or more newspapers with a general circulation
12within the municipality. The publication requirement may also
13be satisfied by publication of the notice on the municipality's
14website not less than 15 days prior to the day set for payment.
15In municipalities with less than 500 population in which no
16newspaper is published, publication may instead be made by
17posting a notice in 3 prominent places within the municipality,
18the series thereof, the assessment to which they relate and the
19particular bonds so selected to be paid if payment is to be
20made in full or in case a pro rata payment is to be made, naming
21the particular series upon which the partial payment is to be
22made, and that the same will be paid at a place to be
23specified.
24    Thereupon from the specified date of payment these bonds
25shall be payable on demand either in full or in part, as the
26case may be, at the place so appointed. No further interest

 

 

SB0189- 59 -LRB101 06690 AWJ 51717 b

1shall accrue on the bonds selected to be paid in full or on
2that portion of the principal on bonds to be paid in part.
3However, in municipalities, having a population of 100,000 or
4more, the selection by lot and the mailing and publishing of
5notice may be omitted if bonds or vouchers in any series having
6sufficient funds on hand are presented for payment. In this
7latter case the bonds so presented may be paid in full, both as
8to principal and interest, in their order of presentation,
9within the limits of the funds available.
10    The provisions of this section shall apply to all
11proceedings now pending, proceedings in which judgment has been
12entered, and all future proceedings, except that the provisions
13of this section shall not apply to bonds issued under Section
149-2-127.
15(Source: Laws 1961, p. 576.)
 
16    (65 ILCS 5/9-2-53)  (from Ch. 24, par. 9-2-53)
17    Sec. 9-2-53. Petitioner, in addition to other notices
18hereinbefore provided for, shall publish a notice at least
19twice, not more than 30 nor less than 15 days in advance of the
20time at which confirmation of the specified assessment is to be
21sought, in one or more newspapers published in the municipality
22or, if no newspaper is published therein, then in one or more
23newspapers with a general circulation within the municipality.
24The publication requirement may also be satisfied by
25publication of the notice on the municipality's website at

 

 

SB0189- 60 -LRB101 06690 AWJ 51717 b

1least twice not more than 30 nor less than 15 days in advance
2of the time at which confirmation of the specified assessment
3is to be sought. In municipalities with less than 500
4population in which no newspaper is published, publication may
5be made by posting a notice in 3 prominent places within the
6municipality. The notice shall be over the name of the officer
7levying the assessment, and shall be substantially as follows:
8
"SPECIAL ASSESSMENT NOTICE"
9    "Notice is hereby given to all persons interested that the
10city council (or board of trustees, or other corporate
11authority, as the case may be) of .... having ordered that
12(here insert a brief description of the nature of the
13improvement), the ordinance for the improvement being on file
14in the office of the .... clerk, having applied to the ....
15court of .... county for an assessment of the costs of the
16improvement, according to benefits, and an assessment therefor
17having been made and returned to that court, the final hearing
18thereon will be had on (insert date), or as soon thereafter as
19the business of the court will permit. All persons desiring may
20file objections in that court before that day and may appear on
21the hearing and make their defense."
22    (Here give date.)
23    .....
 
24    Where the assessment is payable in installments, the number
25of installments and the rate of interest also shall be stated.

 

 

SB0189- 61 -LRB101 06690 AWJ 51717 b

1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (65 ILCS 5/9-2-79)  (from Ch. 24, par. 9-2-79)
3    Sec. 9-2-79. The collector receiving such a warrant shall
4give notice thereof within 10 days by publishing a notice once
5each week for 2 successive weeks in one or more newspapers
6published in the municipality, or, if no newspaper is published
7therein, then in one or more newspapers with a general
8circulation within the municipality. The publication
9requirement may also be satisfied by publication of the notice
10on the municipality's website beginning no later than 10 days
11after the collector receives a warrant and once each week for 2
12successive weeks. In municipalities with less than 500
13population in which no newspaper is published, publication may
14instead be made by posting a notice in 3 prominent places
15within the municipality. This notice may be substantially in
16the following form:
17
"SPECIAL ASSESSMENT NOTICE
18
Special Warrant, No. ....
19Notice: Publication is hereby given that the (here insert title
20of court) has rendered judgment for a special assessment (or
21special tax) upon property benefited by the following
22improvement: (here describe the character and location of the
23improvement in general terms) as will more fully appear from
24the certified copy of the judgment on file in my office; that
25the warrant for the collection of this assessment (or special

 

 

SB0189- 62 -LRB101 06690 AWJ 51717 b

1tax) is in my possession. All persons interested are hereby
2notified to call and pay the amount assessed at the collector's
3office (here insert location of office) within 30 days from the
4date hereof.
5Dated (insert date).
6
.... (Collector)."

 
7    When such an assessment or special tax is levied to be paid
8in installments, the notice shall contain also the amount of
9each installment, the rate of interest deferred installments
10bear, and the date when payable.
11(Source: P.A. 91-357, eff. 7-29-99.)
 
12    (65 ILCS 5/9-2-84)  (from Ch. 24, par. 9-2-84)
13    Sec. 9-2-84. In counties having a population of less than
141,000,000, the collector of the municipality, at any time after
15August 15 in each year, shall publish an advertisement that a
16return will be made to the general officer of the county having
17authority to receive State and county taxes of all unpaid
18special assessments or installments thereof matured and
19payable, or interest thereon, or interest due to the preceding
20January 2 on installments not yet matured on all warrants in
21his hands. This advertisement (1) shall contain a list of the
22delinquent lands, town lots, and real property upon which the
23special assessment or installments thereof or interest thereon
24remain unpaid, the name of the person shown by the county

 

 

SB0189- 63 -LRB101 06690 AWJ 51717 b

1collector's current warrant book to be the party in whose name
2the general real estate taxes were last assessed for each such
3property, the total amount due thereon, and the year for which
4the same are due; (2) shall give notice that the general
5officer of the county having authority to receive State and
6county taxes in the county in which those lands, town lots, or
7real property may be located, will make application on the day
8specified therein, for judgment against those lands, town lots,
9and real property for those special assessments, matured
10installments of special assessments, interest and costs due
11thereon, and for an order to sell those lands, town lots, and
12real property for the satisfaction thereof; and (3) shall give
13notice that on the Monday fixed by that general officer of the
14county for sale, all the lands, town lots, and real property,
15for the sale of which an order is made, will be exposed to
16public sale at the court house in that county for the amount of
17special assessments and matured installments of special
18assessments, interest and costs due thereon. The advertisement
19shall be sufficient notice of the intended application for
20judgment and of the sale of those lands, town lots, and real
21property under the order of the court.
22    Publication of the advertisement shall be made at least
23once not more than 30 nor less than 15 days in advance of the
24date upon which the judgment is to be sought. Such publication
25shall be made in one or more newspapers published in the
26municipality, or if no newspaper is published therein then in

 

 

SB0189- 64 -LRB101 06690 AWJ 51717 b

1one or more newspapers with a general circulation in the
2municipality. The publication requirement may also be
3satisfied by publication of the notice on the municipality's
4website not more than 30 nor less than 15 days in advance of
5the date upon which the judgment is to be sought. In
6municipalities with less than 500 inhabitants, publication may
7instead be made by posting a notice in 3 prominent places
8within the municipality.
9    The municipal collector shall add to all special
10assessments and matured installments of special assessments
11and the interest thereon, when paid after August 15 in the year
12when they became due and payable, an amount equal to the actual
13costs, not to exceed 0.2% of the assessed value of each lot,
14tract, or parcel of land upon which payment is made, to cover
15the cost of the advertisement as required in this Division 2.
16(Source: P.A. 91-864, eff. 6-22-00.)
 
17    (65 ILCS 5/9-2-103)  (from Ch. 24, par. 9-2-103)
18    Sec. 9-2-103. Except as otherwise provided in Section
199-2-113, notice shall be given by the board of local
20improvements that bids will be received for the construction of
21such an improvement, either as a whole or in such sections as
22the board shall specify in its notice, in accordance with the
23ordinance therefor. This notice shall state the time of opening
24of the bids, and shall further state where the specifications
25for the improvement are to be found, and whether the contracts

 

 

SB0189- 65 -LRB101 06690 AWJ 51717 b

1are to be paid in cash or in bonds, and if in bonds, then the
2rate of interest the vouchers or bonds shall draw. The notice
3shall be published at least twice, not more than 30 nor less
4than 15 days in advance of the opening of the bids, in one or
5more newspapers designated by the board of local improvements
6in an order entered in its records, published in the
7municipality, or, if no newspaper is published therein, then in
8one or more newspapers with a general circulation within the
9municipality. The publication requirement may also be
10satisfied by publication of the notice on the municipality's
11website at least twice not more than 30 nor less than 15 days
12of the opening of the bids. In municipalities with less than
13500 population in which no newspaper is published, publication
14may instead be made by posting a notice in 3 prominent places
15within the municipality.
16    Proposals or bids may be made either for the work as a
17whole or for specified sections thereof. All proposals or bids
18offered shall be accompanied by cash, or by a check payable to
19the order of the president of the board of local improvements
20in his official capacity, certified by a responsible bank, for
21an amount which shall not be less than 10% of the aggregate of
22the proposal, or by a bid bond, for an amount which shall be
23not less than 10% of the aggregate of the proposal. These
24proposals or bids shall be delivered to the board of local
25improvements. That board, in open session, at the time and
26place fixed in the specified notice, shall examine and publicly

 

 

SB0189- 66 -LRB101 06690 AWJ 51717 b

1declare the proposals or bids. However, no proposals or bids
2shall be considered unless accompanied by such a check or cash.
3(Source: P.A. 91-296, eff. 1-1-00.)
 
4    (65 ILCS 5/9-2-108)  (from Ch. 24, par. 9-2-108)
5    Sec. 9-2-108. Except as otherwise provided in Section
69-2-113, a notice of such an award of contract shall be
7published in one or more newspapers, designated by the board of
8local improvements in an order entered in its records,
9published in the municipality, or, if no newspaper is published
10therein, then in one or more newspapers with a general
11circulation within the municipality. The publication
12requirement may also be satisfied by publication of the notice
13on the municipality's website. In municipalities with less than
14500 population in which no newspaper is published, publication
15may instead be made by posting a notice in 3 prominent places
16within the municipality.
17(Source: Laws 1961, p. 576.)
 
18    (65 ILCS 5/9-2-113)  (from Ch. 24, par. 9-2-113)
19    Sec. 9-2-113. In any case where an improvement is to be
20constructed with the aid and assistance of any agency of the
21Federal Government, or any other governmental agency, the
22provisions of Sections 9-2-100 through 9-2-112 shall not apply
23where they conflict with this section. The board of local
24improvements in cities having a population of 500,000 or more

 

 

SB0189- 67 -LRB101 06690 AWJ 51717 b

1and the corporate authorities in municipalities having a
2population of less than 500,000 may proceed at any time within
390 days after the judgment of confirmation has been entered in
4the construction of the work. Within 90 days after the judgment
5of confirmation the board of local improvements in cities
6having a population of 500,000 or more and the corporate
7authorities in municipalities having a population of less than
8500,000, shall adopt a resolution determining to proceed with
9the construction of the work, publish the resolution within 10
10days in one or more newspapers published in the municipality,
11or, if no newspaper is published therein, then in one or more
12newspapers with a general circulation within the municipality.
13The publication requirement may also be satisfied by
14publication of the resolution on the municipality's website
15within 10 days after the resolution's passage. In
16municipalities with less than 500 population in which no
17newspaper is published, publication may instead be made by
18posting a notice in 3 prominent places within the municipality.
19    Ten days after the publishing of this resolution a copy
20thereof, properly certified, shall be filed in the court in
21which the judgment of confirmation was entered. This resolution
22shall be authority for the issuing of the warrant to the
23collector for the collection of the assessment. Each assessment
24shall draw interest from the date of passage of the resolution
25of intention to proceed with the work, as provided in Sections
269-2-48 through 9-2-51.

 

 

SB0189- 68 -LRB101 06690 AWJ 51717 b

1    After this resolution has been filed and a warrant issued
2to the collector for the collection of the assessment, the
3municipality may issue bonds or vouchers to anticipate the
4collection of the unpaid portions of all installments of the
5assessment, including the first installment if it has not been
6certified delinquent, for the purpose of applying the proceeds
7of the bonds toward paying the cost of the improvement,
8including all expenses of making, levying, collecting the
9assessment and engineering and attorneys' fees. These bonds if
10issued shall be sold for not less than par and accrued interest
11and the proceeds used for that purpose, or the bonds may be
12issued, for not less than par and accrued interest, in payment
13for materials, labor, or services.
14    No person furnishing materials or supplying labor for the
15construction of any such local improvement shall have any claim
16or lien against the municipality except from the collection of
17the special assessments or special taxes made or to be made for
18that work, or from the proceeds of the sale of bonds to
19anticipate the collection of the same in case such bonds have
20been sold.
21(Source: Laws 1961, p. 576.)
 
22    (65 ILCS 5/9-2-115)  (from Ch. 24, par. 9-2-115)
23    Sec. 9-2-115. In every assessment proceeding in which the
24assessment is divided into installments, the board of local
25improvements shall state in the certificate whether or not the

 

 

SB0189- 69 -LRB101 06690 AWJ 51717 b

1improvement conforms substantially to the requirements of the
2original ordinance for the construction of the improvements,
3and shall make an application to the court to consider and
4determine whether or not the facts stated in the certificate
5are true. Thereupon the court, upon such an application, shall
6fix a time and place for a hearing upon the application, and
7shall record the application. The time of this hearing shall be
8not less than 15 days after the filing of the certificate and
9application. Public notice shall be given at least twice of the
10time and place fixed for that hearing by publishing in a
11newspaper or at least twice on the municipality's website, in
12the same manner and for the same period as provided in this
13Division 2 for publishing notice of application for the
14confirmation of the original assessment, the publication of
15this notice to be not more than 30 nor less than 15 days before
16the day fixed by the order for that hearing.
17    At the time and place fixed by the notice or at any time
18thereafter, the court shall proceed to hear the application and
19any objection which may be filed thereto within the time fixed
20in the order. Upon that hearing the specified certificate of
21the board of local improvements shall be prima facie evidence
22that the matters and things stated are true, but if any part
23thereof is controverted by objections duly filed thereto, the
24court shall hear and determine the objections in a summary
25manner and shall enter an order according to the fact.
26(Source: P.A. 79-1361.)
 

 

 

SB0189- 70 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/9-2-123)  (from Ch. 24, par. 9-2-123)
2    Sec. 9-2-123. Accompanying the petition there shall be
3filed an assessment roll setting forth a description of the
4lots, blocks, tracts, and parcels of land assessed in the
5original proceeding, the total amount of the unpaid
6installments, and the interest thereon proposed to be extended
7against each tract, the amount, number and due date of each
8installment of the proposed extended assessment.
9    The assessment as extended shall be collected in the same
10manner as the original assessment.
11    When this petition is filed it shall be presented to the
12court and if found to be in proper form the court shall set the
13petition for hearing at such date as will enable the clerk of
14the court to give at least 10 days' notice of the hearing
15thereon, and it is the duty of the clerk to publish a notice at
16least twice, not more than 30 nor less than 15 days before the
17date set for hearing, in one or more newspapers published in
18the municipality, or, if no newspaper is published therein,
19then in one or more newspapers with a general circulation
20within the municipality. The publication requirement may also
21be satisfied by having the municipality publish the notice on
22the municipality's website not more than 30 nor less than 15
23days before the hearing. In municipalities with less than 500
24population in which no newspaper is published, publication may
25instead be made by posting a notice in 3 prominent places

 

 

SB0189- 71 -LRB101 06690 AWJ 51717 b

1within the municipality. This notice shall set forth the filing
2of the petition, the docket and warrant number of the
3assessment and the installment or installments thereof
4proposed to be extended and the number of installments in which
5it is proposed to divide the extended assessment. The notice
6shall also state when and where the court will hear objections
7to the petition.
8    At this hearing the court may extend the time of payment of
9one or more installments of the assessment, change the number
10of installments in which the assessment is divided, and subject
11to the provisions of Sections 9-2-120 through 9-2-124, provide
12for the details of the issuance of the refunding securities, in
13accordance with the prayer of the petition, and enter an order
14confirming the assessment as extended.
15    Any property owner may pay the original assessment or any
16installment to be extended within 10 days after the entry of
17such an order. Upon the expiration of 10 days after the entry
18of such an order the corporate authorities shall issue the
19refunding securities authorized by the order of the court, but
20the delivery of the refunding securities shall be simultaneous
21with the surrender of the securities to be refunded or paid.
22The securities so surrendered shall be immediately cancelled.
23The collection and payment of the extended assessment and the
24securities issued under Sections 9-2-120 through 9-2-124 shall
25be in the manner as now provided by law.
26(Source: P.A. 79-1361.)
 

 

 

SB0189- 72 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/9-2-129)  (from Ch. 24, par. 9-2-129)
2    Sec. 9-2-129. The municipality shall have the right to call
3and pay the bonds authorized in Section 9-2-127, or any number
4thereof, in the following manner:
5    Whenever there are sufficient funds in the hands of the
6treasurer to redeem one or more of the bonds, after the payment
7of all interest due, and after the establishment of such
8reserve, if any, as the treasurer in his discretion may deem
9advisable to pay interest to become due at the next interest
10coupon date, the treasurer, by publication or posting of notice
11as provided in this section, shall call and pay such bond or
12bonds. The treasurer shall cause notice of such call for
13payment to be published in a newspaper published in the
14municipality, or if no newspaper is published therein, then in
15a newspaper with a general circulation within the municipality,
16and if there be no such newspaper, then by posting in at least
173 prominent places within the municipality The publication
18requirement may also be satisfied by publication of the notice
19on the municipality's website.. The notice shall specify the
20number or numbers of the bonds called, designating the
21assessment against which the bonds have been issued, and
22directing presentation of such bonds for payment and
23cancellation, and indicating that interest will cease on the
24bonds not less than 5 nor more than 30 days from the date of
25publication of such notice or posting, and thereafter the bonds

 

 

SB0189- 73 -LRB101 06690 AWJ 51717 b

1shall cease to bear interest. The presentation of any bond to
2the treasurer for payment shall waive the necessity of giving
3notice of its call for payment.
4    The treasurer upon accumulation of sufficient funds shall
5pay one or more bonds and shall call and pay such bonds. Any
6bondholder or holder of any interest coupon appertaining to any
7bond, after giving reasonable notice, shall be entitled to
8summary relief by mandamus or injunction to enforce these
9provisions.
10    When bonds are issued under Section 9-2-127, all
11collections of the special assessment installments and all
12interest collected shall constitute a single fund which shall
13be applied first to the payment of interest due, and to the
14establishment of such reserve, if any, as the treasurer in his
15discretion may deem advisable to pay interest to become due at
16the next interest coupon date, and then to the redemption and
17payment of bonds as provided herein. However, in municipalities
18having a population of less than 500,000, where the ordinance
19for the improvement provides for the collection of costs,
20collections made on the first installment shall be used first
21to pay such costs, and any surplus shall be used to pay bonds
22and interest thereon as provided herein. Provision as to
23redemption and call of the bonds shall be inserted in each of
24the bonds issued in accordance with the provisions of this
25Section 9-2-129.
26(Source: Laws 1961, p. 576.)
 

 

 

SB0189- 74 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/9-3-11)  (from Ch. 24, par. 9-3-11)
2    Sec. 9-3-11. Any local improvement ordinance passed by the
3corporate authorities shall be published one time in a
4newspaper published and of general circulation in such
5municipality, if there be one, and if there be no such
6newspaper, then such ordinance shall be posted in not less than
73 public places in such municipality. The publication
8requirement may also be satisfied by publication of the
9ordinance on the municipality's website. Such ordinance shall
10not become effective until 10 days after publication or
11posting, as the case may be.
12(Source: Laws 1961, p. 576.)
 
13    (65 ILCS 5/9-3-13)  (from Ch. 24, par. 9-3-13)
14    Sec. 9-3-13. After filing of the petition as provided in
15Section 9-3-12, the court shall enter an order setting a date
16for hearing on the question of benefits, and direct that notice
17be given by the committee on local improvements of the pendency
18of the proceeding. The notice shall state generally the nature
19of the improvement, the pendency of the proceeding, the time
20and place of filing the petition therefor, that an assessment
21roll has been filed, and the time and place at which an
22application will be made for confirmation of the assessment,
23the same to be not less than 15 days after the mailing of such
24notice. Such notice shall be sent by mail, postpaid, to each

 

 

SB0189- 75 -LRB101 06690 AWJ 51717 b

1person paying the taxes on the respective parcels during the
2last preceding year during which taxes were paid, at his
3residence as shown in the assessment roll, or if not shown,
4then to each person so paying the taxes directed generally to
5the municipality in which the improvement is proposed to be
6made. Such notice shall also state the amount assessed, the
7person to whom the same is directed for the improvement
8proposed, and the total cost of such improvement, and the total
9amount assessed as benefit upon the public, and if the
10assessment is to be payable in installments, the number of
11installments thereof and the rate of interest it shall bear. An
12affidavit shall be filed before the final hearing thereon by
13the committee on local improvements showing a compliance with
14the requirements of this section and also showing that the
15committee on local improvements caused to be made under its
16direction, or that it made a careful examination of the county
17collector's books showing the payments of general taxes during
18the last preceding year, in which the taxes were paid thereon,
19to ascertain the person who last paid the taxes on the
20respective parcels, and a diligent search for such person's
21residence, and that the assessment roll filed in court
22correctly states the same as ascertained by the committee on
23local improvements, or as ascertained under its direction. If
24the report and affidavit shall be found in any respect wilfully
25false, the persons making the same shall be guilty of perjury,
26and subject to the pains and penalties provided for such

 

 

SB0189- 76 -LRB101 06690 AWJ 51717 b

1offense by the laws of this State.
2    In addition to the mailing of the notice, notice shall also
3be given by the committee on local improvements at least 15
4days prior to the date set for the hearing by posting notice in
5at least 4 public places in such municipality, all of which
6shall be in the neighborhood of such proposed improvement, and
7within the boundaries of the area described as probably
8benefited, and as in this Division 3 provided, and by
9publishing the same once each week for 2 successive weeks in a
10daily or weekly newspaper published in the municipality, the
11first publication thereof to be at least 15 days prior to the
12date set for the hearing on benefits, or if there be no
13newspaper published and of general circulation in such
14municipality, then by publication in a newspaper published in
15the county and of general circulation therein. The newspaper
16publication requirement may also be satisfied by publication of
17the notice on the municipality's website once each week for 2
18successive weeks. Such notice shall state the pendency of the
19proceedings, set forth a brief general description of the
20nature of the improvement, refer to the fact that the ordinance
21for the same is on file in the office of the municipal clerk
22for public inspection, together with plans, specifications and
23an estimate of cost of the improvements, and that such
24municipality has applied to the court, designating the court,
25for the levying of a special assessment, that the assessment
26roll has been filed in court and stating the date when the

 

 

SB0189- 77 -LRB101 06690 AWJ 51717 b

1hearing thereon will be had, and that all persons desiring may
2file objections to the assessment on any particular lot, parcel
3or tract before the date set for said hearing, and may appear
4at the hearing and make their defense as to the question of
5benefits. If the assessment is to be payable in installments,
6then such notice shall state the number of installments and the
7rate of interest the installment shall bear.
8(Source: Laws 1961, p. 576.)
 
9    (65 ILCS 5/9-3-25)  (from Ch. 24, par. 9-3-25)
10    Sec. 9-3-25. Notice for bids for the construction of the
11improvement shall be published in at least one issue of a
12newspaper published and of general circulation in such
13municipality, if there is one, and if there is no such
14newspaper then by publishing such notice in some newspaper
15published in and of general circulation in the county in which
16such municipality is located. The publication requirement may
17also be satisfied by publication of the notice on the
18municipality's website. Such publication shall be made at least
1910 days prior to the date fixed for the opening of bids for
20such work, and an additional notice may be published in trade
21journals or other newspapers as the governing body may
22determine. The notice for bids shall state (1) the general
23nature and character of the work to be done; (2) the engineer's
24estimate of the amount to be paid the contractor, and that no
25contract will be awarded in excess thereof; (3) when and where

 

 

SB0189- 78 -LRB101 06690 AWJ 51717 b

1bids will be opened; (4) that plans, profiles and
2specifications for such work and form of contract and bond for
3completion and maintenance of work are on file in the office of
4the clerk of such municipality for public inspection; and (5)
5that each bidder must file with his bid cash or a certified
6check satisfactory to the governing body in an amount equal to
710% of the estimated amount to be paid the contractor, such
8cash or certified check to be held by the municipality as
9damages for failure to execute the contract and bond for
10performance of such work. Right shall be reserved to reject any
11or all bids. Such notice shall also state the number of
12installments the assessment has been divided into and the rate
13of interest the bonds to be issued in anticipation of the
14assessment shall bear. Such notice shall be signed by the
15municipal clerk. If bonds are to be issued in anticipation of
16the collection of the assessments, the corporate authorities
17shall, prior to the date set for receiving the bids, fix the
18rate of interest the bonds are to bear. Such interest rate
19shall be one per cent less than the interest rate the
20installments of the assessments are to bear. It shall be stated
21in the notice whether payment will be made in bonds or cash.
22(Source: Laws 1961, p. 576.)
 
23    (65 ILCS 5/9-3-32)  (from Ch. 24, par. 9-3-32)
24    Sec. 9-3-32. Within 30 days after the completion of the
25work, the committee on local improvements shall certify the

 

 

SB0189- 79 -LRB101 06690 AWJ 51717 b

1fact that the work has been completed and accepted by the
2corporate authorities of such municipality, setting forth the
3total amount due the contractor for the construction of the
4work, the amount of the vouchers payable either in cash or
5bonds that have been delivered to the contractor from time to
6time as the work progressed, and the amount still due the
7contractor. The corporate authorities upon receipt of the
8certificate shall set a date for consideration and hearing upon
9the question of whether or not the work has been completed in
10substantial compliance with the plans, specifications and
11contract for the construction thereof, and shall direct the
12clerk to give notice of the date set for the hearing. Such
13notice shall be published at least once each week for 2
14successive weeks in a daily or weekly newspaper published and
15of general circulation in such municipality, if there is such a
16newspaper. If there is no such newspaper, then notice shall be
17given by posting in not less than 4 public places in such
18municipality, and in at least 4 places within the boundaries of
19the area designated by the committee on local improvements as
20probably benefited by the improvement. The publication
21requirement may also be satisfied by publication of the notice
22on the municipality's website at least once each week for 2
23successive weeks. The first publication or the first posting of
24such notice shall be at least 15 days prior to the date fixed
25for such hearing. Any person interested may, prior to the date
26fixed for such hearing, file written objections to the

 

 

SB0189- 80 -LRB101 06690 AWJ 51717 b

1acceptance of such work, stating specifically the reasons
2therefor, and shall have the right to be heard at the time and
3place fixed by the governing body to hear and consider the
4same. At the time and place fixed, the corporate authorities
5shall hear any and all objections that have been filed in
6writing to the acceptance of the completed work and the
7corporate authorities shall have authority to continue the
8hearing from time to time, but for a period of not more than 30
9days from the date set for such hearing, to consider written
10objections filed to the acceptance of the work and to give all
11persons an opportunity to be heard thereon. At such hearing the
12certificate of the committee on local improvements shall be
13prima facie evidence that the matter and things stated therein
14are true, but if any parts thereof are controverted by written
15objections duly filed, the corporate authorities shall hear and
16determine the same in a summary manner and shall enter an order
17according to the facts. Such order shall be conclusive upon all
18parties and no party shall be allowed to review or reverse the
19order of the corporate authorities. If upon such hearing the
20corporate authorities shall find the allegations of the
21certificate to be incorrect, it shall enter an order
22accordingly and it shall then be the duty of the committee on
23local improvements to procure the completion of such
24improvement in substantial compliance with the ordinance and
25the plans and specifications therefor. The committee on local
26improvements shall from time to time file additional or

 

 

SB0189- 81 -LRB101 06690 AWJ 51717 b

1supplemental applications to the corporate authorities for
2final acceptance of the work until the corporate authorities
3shall eventually be satisfied that the allegations in such
4certificates are true and that the improvement has been
5constructed in substantial compliance with the plans,
6specification and ordinance.
7(Source: Laws 1961, p. 576.)
 
8    (65 ILCS 5/9-3-36)  (from Ch. 24, par. 9-3-36)
9    Sec. 9-3-36. Whenever there are sufficient funds in the
10hands of the treasurer after the payment of all interest due
11and to become due within 6 months, the treasurer shall on the
12first day of October of any year, or at any other time there
13are sufficient funds for that purpose on hand during the year,
14give notice by registered mail, addressed to the last
15registered holder of the bonds called at the address appearing
16upon his registry, that there are funds sufficient to pay the
17designated bonds and interest thereon to date 30 days hence
18from the date of such notice and directing presentation of such
19bonds for payment and cancellation, and the bonds shall cease
20to bear interest after the expiration of the 30 days and upon
21payment and cancellation of the bonds proper entry thereof
22shall be made upon the books of the treasurer. The treasurer,
23upon accumulation of sufficient funds, as herein provided,
24shall pay one or more bonds and shall call and pay such bonds,
25and any bondholder or holder of any interest coupon

 

 

SB0189- 82 -LRB101 06690 AWJ 51717 b

1appertaining to any bond shall be entitled to summary relief by
2mandamus or injunction to enforce the provisions hereof. In
3addition to giving notice by registered mail to the last
4registered holder of such bonds, the treasurer shall cause to
5be published in a newspaper published and of general
6circulation in such municipality, if there is such a newspaper.
7If there is no such newspaper, the notice shall be given by
8posting in at least 3 places within the area designated as
9probably benefited by the improvement. The publication
10requirement may also be satisfied by publication of the notice
11on the municipality's website. Such notice shall be a notice of
12call and redemption addressed to all unknown bondholders
13specifying the number of the bonds called and designating the
14assessment against which the bonds have been issued, and
15indicating that interest will cease on the bonds 30 days from
16and after the date of publication of such notice, and
17thereafter the bonds shall cease to bear interest. Provisions
18as to redemption and call of the bonds shall be inserted in
19each of the bonds issued in accordance with the provisions of
20this Division 3.
21(Source: Laws 1961, p. 576.)
 
22    (65 ILCS 5/9-3-46)  (from Ch. 24, par. 9-3-46)
23    Sec. 9-3-46. Subsequent to the issuance of the certificate
24of sale and 30 days prior to the expiration of the period of
25redemption the purchaser or his assignee shall cause written

 

 

SB0189- 83 -LRB101 06690 AWJ 51717 b

1notice of the date of the expiration of the period of
2redemption to be served on the occupant of the premises
3described in the certificate, if the premises are occupied and
4proof of such notice shall be made to the court. The purchaser
5or his assignee shall also cause notice to be published in at
6least one issue of some newspaper published and of general
7circulation in the municipality where the real estate is
8situated, if there is such newspaper. Otherwise such
9publication shall be made in some newspaper published and of
10general circulation in the county, addressed to "All Owners,
11Parties Concerned and Persons Interested", setting forth a
12description of the real estate sold and not then redeemed, the
13date of sale, the date of the expiration of the period of
14redemption, when and where application will be made for deed to
15be issued pursuant to the provisions of this Division 3, and
16the docket number of the foreclosure proceedings. If the
17purchaser or assignee is a municipality, the publication
18requirement may also be satisfied by publication of the notice
19on the municipality's website. Such notice shall be published
20subsequent to the issuance of the certificate of sale and at
21least 30 days prior to the date of the expiration of the period
22of redemption.
23(Source: Laws 1961, p. 576.)
 
24    (65 ILCS 5/11-4-8)  (from Ch. 24, par. 11-4-8)
25    Sec. 11-4-8. The county board and the board of trustees of

 

 

SB0189- 84 -LRB101 06690 AWJ 51717 b

1any village or incorporated town, in any county in this state,
2in which a house of correction is established, may enter into
3an agreement with the corporate authorities of such city, or
4with any authorized agent or officer in behalf of such city, to
5receive and keep in the house of correction any person or
6persons who may be sentenced or committed thereto, by any
7court, in any of such counties. Whenever such agreement is
8made, the county board for any county in behalf of which such
9agreement is made, or of the trustees of the village or
10incorporated town, in behalf of which, such agreement is made,
11as the case may be, shall give public notice thereof in some
12newspaper printed and published within the county for a period
13not less than 4 weeks. The publication requirement may also be
14satisfied by publication of the notice on the county's website
15for not less than 4 weeks. Such notice shall state the period
16of time for which such agreement will remain in force.
17(Source: P.A. 77-1295.)
 
18    (65 ILCS 5/11-7-3)  (from Ch. 24, par. 11-7-3)
19    Sec. 11-7-3. In any municipality which is authorized to
20levy a tax under Section 11-7-1 of this Division 7, the tax
21rate limit so authorized may be increased to not to exceed
22.40%, or beginning in taxable year 2000, .60%, of the value of
23all the taxable property in such municipality, provided the
24proposition for such tax rate increase has been submitted to
25the electors of that municipality and approved by a majority of

 

 

SB0189- 85 -LRB101 06690 AWJ 51717 b

1those voting on the question. The referendum authorized by the
2terms of this section may be ordered by the corporate
3authorities, the question to be certified by the clerk and
4submitted at an election in accordance with the general
5election law.
6    However, any municipality whose rate limitation for fire
7protection purposes is .30% on July 1, 1967 may by ordinance
8increase its rate limit in the future for such purposes to .40%
9and any municipality which levied a tax for fire protection
10purposes in 1960 and whose rate limitation for such purposes is
11less than .30% on July 29, 1969 may by ordinance increase its
12rate limit to .30%. A notice of the passage of the ordinance
13establishing such rate limit at not to exceed .40% or .30%, as
14the case may be, shall be published once in a newspaper having
15a general circulation in the municipality or on the
16municipality's website. The publication of the notice of the
17ordinance shall include a notice of (1) the specific number of
18voters required to sign a petition requesting that the question
19of the increased rate limit be submitted to the voters of the
20municipality; (2) the time within which the petition must be
21filed; and (3) the date of the prospective referendum. The
22municipal clerk shall provide a petition form to any individual
23requesting one.
24    The ordinance shall take effect 30 days after publication
25of that notice unless within that time a petition, signed by
26not less than a number of voters in the municipality equal to

 

 

SB0189- 86 -LRB101 06690 AWJ 51717 b

110% or more of the registered voters of the municipality is
2filed with the municipal clerk requesting the submission to a
3referendum of the question of whether the municipality shall
4have the authority to levy a tax for fire protection purposes
5at not to exceed the rate limit specified in the ordinance. Any
6such election shall be conducted in accordance with the general
7election law.
8(Source: P.A. 91-299, eff. 7-29-99.)
 
9    (65 ILCS 5/11-13-2)  (from Ch. 24, par. 11-13-2)
10    Sec. 11-13-2. The corporate authorities in each
11municipality which desires to exercise the powers conferred by
12this Division 13, or who have exercised such power and desire
13to adopt a new ordinance, shall provide for a zoning commission
14with the duty to recommend the boundaries of districts and
15appropriate regulations to be enforced therein. The commission
16shall be appointed by the mayor or president, subject to
17confirmation by the corporate authorities. The commission
18shall prepare a tentative report and a proposed zoning
19ordinance for the entire municipality. After the preparation of
20such a tentative report and ordinance, the commission shall
21hold a hearing thereon and shall afford persons interested an
22opportunity to be heard. Notice of the hearing shall be
23published at least once, not more than 30 nor less than 15 days
24before the hearing, in one or more newspapers published in the
25municipality, or, if no newspaper is published therein, then in

 

 

SB0189- 87 -LRB101 06690 AWJ 51717 b

1one or more newspapers published in the county in which the
2municipality is located and having a general circulation within
3the municipality. The publication requirement may also be
4satisfied by publication of the notice on the municipality's
5website not more than 30 nor less than 15 days before the
6hearing. The notice shall state the time and place of the
7hearing and the place where copies of the proposed ordinance
8will be accessible for examination by interested persons. The
9hearing may be adjourned from time to time.
10    Within 30 days after the final adjournment of the hearing
11the commission shall make a final report and submit a proposed
12ordinance for the entire municipality to the corporate
13authorities. The corporate authorities may enact the ordinance
14with or without change, or may refer it back to the commission
15for further consideration. The zoning commission shall cease to
16exist upon the adoption of a zoning ordinance for the entire
17municipality.
18(Source: P.A. 80-452.)
 
19    (65 ILCS 5/11-13-6)  (from Ch. 24, par. 11-13-6)
20    Sec. 11-13-6. No variation shall be made by the board of
21appeals in municipalities of 500,000 or more population or by
22ordinance in municipalities of lesser population except in a
23specific case and after a public hearing before the board of
24appeals of which there shall be a notice of the time and place
25of the hearing published at least once, not more than 30 nor

 

 

SB0189- 88 -LRB101 06690 AWJ 51717 b

1less than 15 days before the hearing, in one or more newspapers
2published in the municipality, or, if no newspaper is published
3therein, then in one or more newspapers with a general
4circulation within the municipality which is published in the
5county where the municipality is located. The publication
6requirement may also be satisfied by publication of the notice
7on the municipality's website not more than 30 nor less than 15
8days before the hearing. This notice shall contain the
9particular location for which the variation is requested as
10well as a brief statement of what the proposed variation
11consists. Any notice required by this Section need not include
12a metes and bounds legal description of the location for which
13the variation is requested, provided that the notice includes:
14(i) the common street address or addresses and (ii) the
15property index number ("PIN") or numbers of all the parcels of
16real property contained in the area for which the variation is
17requested.
18(Source: P.A. 97-336, eff. 8-12-11.)
 
19    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
20    Sec. 11-13-14. The regulations imposed and the districts
21created under the authority of this Division 13 may be amended
22from time to time by ordinance after the ordinance establishing
23them has gone into effect, but no such amendments shall be made
24without a hearing before some commission or committee
25designated by the corporate authorities. Notice shall be given

 

 

SB0189- 89 -LRB101 06690 AWJ 51717 b

1of the time and place of the hearing, not more than 30 nor less
2than 15 days before the hearing, by publishing a notice thereof
3at least once in one or more newspapers published in the
4municipality, or, if no newspaper is published therein, then in
5one or more newspapers with a general circulation within the
6municipality. The publication requirement may also be
7satisfied by publication of the notice on the municipality's
8website not more than 30 nor less than 15 days before the
9hearing. In municipalities with less than 500 population in
10which no newspaper is published, publication may be made
11instead by posting a notice in 3 prominent places within
12municipality. In case of a written protest against any proposed
13amendment of the regulations or districts, signed and
14acknowledged by the owners of 20% of the frontage proposed to
15be altered, or by the owners of 20% of the frontage immediately
16adjoining or across an alley therefrom, or by the owners of the
1720% of the frontage directly opposite the frontage proposed to
18be altered, is filed with the clerk of the municipality, the
19amendment shall not be passed except by a favorable vote of
20two-thirds of the aldermen or trustees of the municipality then
21holding office. In such cases, a copy of the written protest
22shall be served by the protestor or protestors on the applicant
23for the proposed amendments and a copy upon the applicant's
24attorney, if any, by certified mail at the address of such
25applicant and attorney shown in the application for the
26proposed amendment. Any notice required by this Section need

 

 

SB0189- 90 -LRB101 06690 AWJ 51717 b

1not include a metes and bounds legal description, provided that
2the notice includes: (i) the common street address or addresses
3and (ii) the property index number ("PIN") or numbers of all
4the parcels of real property contained in the affected area.
5(Source: P.A. 97-336, eff. 8-12-11.)
 
6    (65 ILCS 5/11-13-26)
7    Sec. 11-13-26. Wind farms. Notwithstanding any other
8provision of law:
9        (a) A municipality may regulate wind farms and
10    electric-generating wind devices within its zoning
11    jurisdiction and within the 1.5 mile radius surrounding its
12    zoning jurisdiction. There shall be at least one public
13    hearing not more than 30 days prior to a siting decision by
14    the corporate authorities of a municipality. Notice of the
15    hearing shall be published in a newspaper of general
16    circulation in the municipality or on the municipality's
17    website. A commercial wind energy facility owner, as
18    defined in the Renewable Energy Facilities Agricultural
19    Impact Mitigation Act, must enter into an agricultural
20    impact mitigation agreement with the Department of
21    Agriculture prior to the date of the required public
22    hearing. A commercial wind energy facility owner seeking an
23    extension of a permit granted by a municipality prior to
24    July 24, 2015 (the effective date of Public Act 99-132)
25    must enter into an agricultural impact mitigation

 

 

SB0189- 91 -LRB101 06690 AWJ 51717 b

1    agreement with the Department of Agriculture prior to a
2    decision by the municipality to grant the permit extension.
3    A municipality may allow test wind towers to be sited
4    without formal approval by the corporate authorities of the
5    municipality. Test wind towers must be dismantled within 3
6    years of installation. For the purposes of this Section,
7    "test wind towers" are wind towers that are designed solely
8    to collect wind generation data.
9        (b) A municipality may not require a wind tower or
10    other renewable energy system that is used exclusively by
11    an end user to be setback more than 1.1 times the height of
12    the renewable energy system from the end user's property
13    line. A setback requirement imposed by a municipality on a
14    renewable energy system may not be more restrictive than as
15    provided under this subsection. This subsection is a
16    limitation of home rule powers and functions under
17    subsection (i) of Section 6 of Article VII of the Illinois
18    Constitution on the concurrent exercise by home rule units
19    of powers and functions exercised by the State.
20(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
2199-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
 
22    (65 ILCS 5/11-14-3)  (from Ch. 24, par. 11-14-3)
23    Sec. 11-14-3. The regulations imposed under the authority
24of this Division 14 may be amended from time to time by
25ordinance after the ordinance establishing the regulations has

 

 

SB0189- 92 -LRB101 06690 AWJ 51717 b

1gone into effect, but no amendment shall be made without a
2hearing before a commission or committee designated by the
3corporate authorities of the municipality. A notice of the time
4and place of such a hearing shall be given at least once, not
5more than 30 nor less than 15 days before the hearing, by
6publishing a notice thereof in one or more newspapers published
7in the municipality, or, if no newspaper is published therein,
8then in one or more newspapers with a general circulation
9within the municipality. The publication requirement may also
10be satisfied by publication of the notice on the municipality's
11website not more than 30 nor less than 15 days before the
12hearing. In municipalities with less than 500 population in
13which no newspaper is published, publication may instead be
14made by posting a notice in 3 prominent places within the
15municipality. An amendment shall not be passed except by a
16favorable vote of two-thirds of the members of the city council
17then holding office in cities or members of the board of
18trustees then holding office in villages or incorporated towns.
19(Source: Laws 1967, p. 3425.)
 
20    (65 ILCS 5/11-15.1-3)  (from Ch. 24, par. 11-15.1-3)
21    Sec. 11-15.1-3. Any such agreement executed after July 31,
221963 and all amendments of annexation agreements, shall be
23entered into in the following manner. The corporate authorities
24shall fix a time for and hold a public hearing upon the
25proposed annexation agreement or amendment, and shall give

 

 

SB0189- 93 -LRB101 06690 AWJ 51717 b

1notice of the proposed agreement or amendment not more than 30
2nor less than 15 days before the date fixed for the hearing.
3This notice shall be published at least once in one or more
4newspapers published in the municipality, or, if no newspaper
5is published therein, then in one or more newspapers with a
6general circulation within the annexing municipality. The
7publication requirement may also be satisfied by publication of
8the notice on the municipality's website not more than 30 nor
9less than 15 days before the hearing. After such hearing the
10agreement or amendment may be modified before execution
11thereof. The annexation agreement or amendment shall be
12executed by the mayor or president and attested by the clerk of
13the municipality only after such hearing and upon the adoption
14of a resolution or ordinance directing such execution, which
15resolution or ordinance must be passed by a vote of two-thirds
16of the corporate authorities then holding office.
17(Source: P.A. 76-912.)
 
18    (65 ILCS 5/11-22-2)  (from Ch. 24, par. 11-22-2)
19    Sec. 11-22-2. In the event any municipality has established
20a public hospital in accordance with the provisions of this
21Division 22 and in the further event the corporate authorities
22shall determine that the hospital is no longer needed for the
23purposes for which it was established, or that those purposes
24would be better served through the operation of the hospital by
25a corporation, hospital, health care facility, unit of local

 

 

SB0189- 94 -LRB101 06690 AWJ 51717 b

1government or institution of higher education, the corporate
2authorities may by ordinance authorize the transfer, sale or
3lease of the hospital to such corporation, hospital, health
4care facility, unit of local government or institution of
5higher education within or without the corporate limits of the
6municipality, or may authorize the sale or lease of the
7hospital to any mental health clinic which obtains any portion
8of its funds from the Department of Human Services (as
9successor to the Department of Mental Health and Developmental
10Disabilities). Such transfer, sale or lease may be on such
11terms and under such conditions as the corporate authorities
12may deem proper without regard to any provisions of Division 9
13or 10 of Article 8 or Divisions 75, 76, 77 and 78 of this
14Article 11. At least 10 days prior to the adoption of an
15ordinance under this Section, the corporate authorities shall
16make the proposed ordinance conveniently available for public
17inspection and shall hold at least one public hearing thereon.
18Notice of this hearing shall be published in one or more
19newspapers published in the municipality, or if there is none
20published in the municipality, in a newspaper having general
21circulation in the municipality, at least 10 days prior to the
22time of the public hearing. The publication requirement may
23also be satisfied by publication of the notice on the
24municipality's website at least 10 days prior to the public
25hearing. Such notice shall state the time and place of the
26hearing and the place where copies of the proposed ordinance

 

 

SB0189- 95 -LRB101 06690 AWJ 51717 b

1will be accessible for examination.
2    In the event that prior to the sale or lease of the
3hospital pursuant to this Section, a labor organization has
4been recognized by the hospital as the exclusive representative
5of the majority of employees in a bargaining unit for purposes
6of collective bargaining, and in the further event that a
7purchaser or lessor subject to the National Labor Relations Act
8retains or hires a majority of the employees in such a
9bargaining unit, such purchaser or lessor shall recognize the
10labor organization as the exclusive representative of the
11majority of employees in that bargaining unit for purposes of
12collective bargaining, provided that the labor organization
13makes a timely written assertion of its representational
14capacity to the purchaser or lessor.
15(Source: P.A. 89-507, eff. 7-1-97.)
 
16    (65 ILCS 5/11-23-3)  (from Ch. 24, par. 11-23-3)
17    Sec. 11-23-3. In the event any municipality has established
18a city public hospital in accordance with the provisions of
19Section 11-23-1 and in the further event the corporate
20authorities shall determine that the hospital is no longer
21needed for the purposes for which it was established or that
22those purposes would be better served through the operation of
23the city hospital by a corporation, hospital, health care
24facility, unit of local government or institution of higher
25education, the corporate authorities by ordinance may

 

 

SB0189- 96 -LRB101 06690 AWJ 51717 b

1authorize the transfer, sale or lease of the hospital to such
2corporation, hospital, health care facility, unit of local
3government or institution of higher education within or without
4the corporate limits of the city, or may authorize the sale or
5lease of the hospital to any mental health clinic which obtains
6any portion of its funds from the Department of Human Services
7(as successor to the Department of Mental Health and
8Developmental Disabilities). Such transfer, sale or lease may
9be on such terms and under such conditions as the corporate
10authorities may deem proper without regard to any provisions of
11Division 9 of Article 8 or Divisions 75, 76, 77 and 78 of this
12Article 11. At least 10 days prior to the adoption of an
13ordinance under this Section the corporate authorities shall
14make the proposed ordinance conveniently available for public
15inspection and shall hold at least one public hearing thereon.
16Notice of this hearing shall be published in one or more
17newspapers published in the municipality, or if there is none
18published in the municipality, in a newspaper having general
19circulation in the municipality, at least 10 days prior to the
20time of the public hearing. The publication requirement may
21also be satisfied by publication of the notice on the
22municipality's website at least 10 days prior to the public
23hearing. Such notice shall state the time and place of the
24hearing and the place where copies of the proposed ordinance
25will be accessible for examination.
26    If a city public hospital is transferred, sold or leased as

 

 

SB0189- 97 -LRB101 06690 AWJ 51717 b

1authorized by this section and if no bonds issued under the
2provisions of Section 11-23-6 or Section 11-23-13 are
3outstanding, the city council may transfer any excess funds
4remaining in the Hospital Fund to the general fund of the city
5to be expended for capital expenditures only and not for
6operating expenses of the city.
7    In the event that prior to the sale or lease of the
8hospital pursuant to this Section, a labor organization has
9been recognized by the hospital as the exclusive representative
10of the majority of employees in a bargaining unit for purposes
11of collective bargaining, and in the further event that a
12purchaser or lessor subject to the National Labor Relations Act
13retains or hires a majority of the employees in such a
14bargaining unit, such purchaser or lessor shall recognize the
15labor organization as the exclusive representative of the
16majority of employees in that bargaining unit for purposes of
17collective bargaining, provided that the labor organization
18makes a timely written assertion of its representational
19capacity to the purchaser or lessor.
20(Source: P.A. 89-507, eff. 7-1-97.)
 
21    (65 ILCS 5/11-23-15)  (from Ch. 24, par. 11-23-15)
22    Sec. 11-23-15. Revenue bonds issued on or after March 1,
231965 under Sections 11-23-13 and 11-23-14 may be redeemed by
24the municipality issuing them on such terms, at such time, upon
25such notice and with or without premium all as may be provided

 

 

SB0189- 98 -LRB101 06690 AWJ 51717 b

1in the ordinance authorizing them.
2    Revenue bonds issued prior to March 1, 1965 under Sections
311-23-13 and 11-23-14 may be redeemed on any interest-paying
4date, by proceeding as follows: (1) a written notice shall be
5mailed to the holder of such bond 30 days prior to an
6interest-paying date, notifying the holder that the bond will
7be redeemed on the next interest-paying date; or (2) if the
8holder of such bond is unknown, then a notice describing the
9bond to be redeemed and the date of its redemption shall be
10published 30 days prior to an interest-paying date in one or
11more newspapers published in the city, or, if no newspaper is
12published therein, then in one or more newspapers having a
13general circulation within the city. The publication
14requirement may also be satisfied by publication of the notice
15on the municipality's website 30 days prior to an
16interest-paying date. When notice has been mailed to the holder
17of such bond, or when notice has been published in a newspaper
18in case the holder of the bond is unknown, the bond shall cease
19bearing interest from and after the next interest-paying date.
20(Source: Laws 1965, p. 13.)
 
21    (65 ILCS 5/11-29.1-2)  (from Ch. 24, par. 11-29.1-2)
22    Sec. 11-29.1-2. Whenever any municipality first levies the
23tax authorized in Section 11-29.1-1, it shall cause the
24ordinance levying the tax to be published in one or more
25newspapers published in the municipality within 10 days after

 

 

SB0189- 99 -LRB101 06690 AWJ 51717 b

1the levy is made. If no newspaper is published in the
2municipality, the ordinance shall be published in a newspaper
3having general circulation within the municipality. The
4publication requirement may also be satisfied by publication of
5the ordinance on the municipality's website within 10 days
6after the levy is made. The publication of the ordinance shall
7include a notice of (1) the specific number of voters required
8to sign a petition requesting that the question of the adoption
9of the tax levy be submitted to the voters of the municipality;
10(2) the time within which the petition must be filed; and (3)
11the date of the prospective referendum. The municipal clerk
12shall provide a petition form to any individual requesting one.
13Any taxpayer in such municipality may, within 30 days after
14such publication, file with the municipal clerk a petition
15signed by a number of the voters of the municipality equal to
1610% or more of the registered voters of the municipality
17requesting the submission to a referendum of the following
18proposition:
19    "Shall (insert name) be authorized to levy a tax for (state
20purpose) in excess of the rate for other municipal purposes but
21not in excess of .1%?"
22    The municipal clerk shall certify the proposition for
23submission by the proper election authority at an election in
24accordance with the general election law.
25    If a majority of the voters voting on the proposition vote
26in favor thereof or if no petition is filed pursuant to this

 

 

SB0189- 100 -LRB101 06690 AWJ 51717 b

1Section 11-29.1-2, such tax levy shall be authorized. If a
2majority of the vote is against such proposition, such tax levy
3shall not be authorized.
4(Source: P.A. 86-1253; 87-767.)
 
5    (65 ILCS 5/11-29.3-1)  (from Ch. 24, par. 11-29.3-1)
6    Sec. 11-29.3-1. It being considered essential to the
7welfare of any municipality that decent, safe and sanitary
8housing be provided for senior citizens; any such municipality
9shall have the following powers with respect to senior citizens
10housing:
11        (1) To construct, own, manage, acquire, lease,
12    purchase, reconstruct, improve, or rehabilitate any real
13    estate or personal property.
14        (2) To employ or contract with others for management.
15        (3) To donate land.
16        (4) To acquire by any means, including eminent domain,
17    any property deemed necessary and convenient.
18        (5) To mortgage real and personal property.
19        (6) To borrow money, and secure the payment of such
20    borrowing by a pledge of revenue.
21        (7) To guarantee the repayment of money borrowed to
22    finance any purpose hereunder.
23        (8) To sell or convey real and personal property upon
24    such terms as deemed necessary.
25        (9) To accept grants, contributions, and gifts.

 

 

SB0189- 101 -LRB101 06690 AWJ 51717 b

1        (10) To charge rents and fees of residents.
2        (11) To enter into leases.
3        (12) To expend municipal funds in the exercise of its
4    powers hereunder.
5        (13) To make all such contracts as may be necessary in
6    the exercise of its powers hereunder.
7    Senior citizen housing shall mean housing where at least
850% of the tenants are intended to be of age 55 or older.
9    After the effective date of this amendatory Act of 1994,
10any municipality, except for municipalities with a population
11in excess of 10,000 located within a county having a population
12in excess of 2,000,000, may borrow money or guarantee the
13repayment of money after the question has been submitted to the
14electors of that municipality and has been approved by a
15majority of the electors voting upon that question. The clerk
16shall certify the proposition of the corporate authorities to
17the proper election authority who shall submit the question at
18an election in accordance with the general election law. The
19proposition shall be in substantially the following form:
20        Shall (name of municipality) be authorized to borrow
21    $(amount) to provide senior citizen housing under Division
22    29.3 of the Illinois Municipal Code?
23The votes shall be recorded as "Yes" or "No".
24    No municipality with a population in excess of 10,000
25located within a county having a population in excess of
262,000,000 may borrow money or guarantee the repayment of money

 

 

SB0189- 102 -LRB101 06690 AWJ 51717 b

1unless it adopts an ordinance declaring its intention to do so
2and directs that notice of such intention be published at least
3once in a newspaper having a general circulation in the
4municipality or on the municipality's website. The notice shall
5set forth (1) the intention of the municipality to borrow money
6or guarantee the repayment of money; (2) the specific number of
7voters required to sign a petition requesting that the
8proposition to borrow money or guarantee the repayment of money
9be submitted to the voters of the municipality; (3) the time
10within which a petition must be filed requesting the submission
11of the proposition; and (4) the date of the prospective
12referendum. At the time of publication of the notice and for 30
13days thereafter, the Clerk shall provide a petition form to any
14person requesting one. If within 30 days after the publication
15a petition is filed with the Clerk, signed by not less than 10%
16of the voters of the municipality requesting that the
17proposition to borrow money or guarantee the repayment of money
18be submitted to the voters thereof then the municipality shall
19not be authorized to so act until the proposition has been
20certified to the proper election authorities and has been
21submitted to and approved by a majority of the voters voting on
22the proposition at any regularly scheduled election. If no such
23petition is so filed, or if any and all petitions filed are
24invalid, the municipality may proceed to borrow money or
25guarantee the repayment of money. In addition to the
26requirements of the general election law the notice of the

 

 

SB0189- 103 -LRB101 06690 AWJ 51717 b

1referendum election shall set forth the intention of the
2municipality to borrow money or guarantee the repayment of
3money under this Division. The proposition shall be in
4substantially the following form:
5        Shall (name of village) be authorized to borrow
6    $(amount) (or guarantee the repayment of $(amount)) to
7    provide senior citizen housing under Division 29.3 of the
8    Illinois Municipal Code?
9The votes shall be recorded as "Yes" or "No".
10Notwithstanding the provisions of this Section, municipalities
11with a population in excess of 10,000 and less than 15,000 and
12located within a county having a population in excess of
132,000,000 may borrow money or guarantee the repayment of money
14for new construction of senior citizen housing only after the
15question has been submitted to the electors of that
16municipality and has been approved by a majority of the
17electors voting upon that question.
18(Source: P.A. 87-1153; 87-1208; 88-45; 88-646, eff. 1-1-95.)
 
19    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
20    Sec. 11-31-1. Demolition, repair, enclosure, or
21remediation.
22    (a) The corporate authorities of each municipality may
23demolish, repair, or enclose or cause the demolition, repair,
24or enclosure of dangerous and unsafe buildings or uncompleted
25and abandoned buildings within the territory of the

 

 

SB0189- 104 -LRB101 06690 AWJ 51717 b

1municipality and may remove or cause the removal of garbage,
2debris, and other hazardous, noxious, or unhealthy substances
3or materials from those buildings. In any county having adopted
4by referendum or otherwise a county health department as
5provided by Division 5-25 of the Counties Code or its
6predecessor, the county board of that county may exercise those
7powers with regard to dangerous and unsafe buildings or
8uncompleted and abandoned buildings within the territory of any
9city, village, or incorporated town having less than 50,000
10population.
11    The corporate authorities shall apply to the circuit court
12of the county in which the building is located (i) for an order
13authorizing action to be taken with respect to a building if
14the owner or owners of the building, including the lien holders
15of record, after at least 15 days' written notice by mail so to
16do, have failed to put the building in a safe condition or to
17demolish it or (ii) for an order requiring the owner or owners
18of record to demolish, repair, or enclose the building or to
19remove garbage, debris, and other hazardous, noxious, or
20unhealthy substances or materials from the building. It is not
21a defense to the cause of action that the building is boarded
22up or otherwise enclosed, although the court may order the
23defendant to have the building boarded up or otherwise
24enclosed. Where, upon diligent search, the identity or
25whereabouts of the owner or owners of the building, including
26the lien holders of record, is not ascertainable, notice mailed

 

 

SB0189- 105 -LRB101 06690 AWJ 51717 b

1to the person or persons in whose name the real estate was last
2assessed is sufficient notice under this Section.
3    The hearing upon the application to the circuit court shall
4be expedited by the court and shall be given precedence over
5all other suits. Any person entitled to bring an action under
6subsection (b) shall have the right to intervene in an action
7brought under this Section.
8    The cost of the demolition, repair, enclosure, or removal
9incurred by the municipality, by an intervenor, or by a lien
10holder of record, including court costs, attorney's fees, and
11other costs related to the enforcement of this Section, is
12recoverable from the owner or owners of the real estate or the
13previous owner or both if the property was transferred during
14the 15 day notice period and is a lien on the real estate; the
15lien is superior to all prior existing liens and encumbrances,
16except taxes, if, within 180 days after the repair, demolition,
17enclosure, or removal, the municipality, the lien holder of
18record, or the intervenor who incurred the cost and expense
19shall file a notice of lien for the cost and expense incurred
20in the office of the recorder in the county in which the real
21estate is located or in the office of the registrar of titles
22of the county if the real estate affected is registered under
23the Registered Titles (Torrens) Act.
24    The notice must consist of a sworn statement setting out
25(1) a description of the real estate sufficient for its
26identification, (2) the amount of money representing the cost

 

 

SB0189- 106 -LRB101 06690 AWJ 51717 b

1and expense incurred, and (3) the date or dates when the cost
2and expense was incurred by the municipality, the lien holder
3of record, or the intervenor. Upon payment of the cost and
4expense by the owner of or persons interested in the property
5after the notice of lien has been filed, the lien shall be
6released by the municipality, the person in whose name the lien
7has been filed, or the assignee of the lien, and the release
8may be filed of record as in the case of filing notice of lien.
9Unless the lien is enforced under subsection (c), the lien may
10be enforced by foreclosure proceedings as in the case of
11mortgage foreclosures under Article XV of the Code of Civil
12Procedure or mechanics' lien foreclosures. An action to
13foreclose this lien may be commenced at any time after the date
14of filing of the notice of lien. The costs of foreclosure
15incurred by the municipality, including court costs,
16reasonable attorney's fees, advances to preserve the property,
17and other costs related to the enforcement of this subsection,
18plus statutory interest, are a lien on the real estate and are
19recoverable by the municipality from the owner or owners of the
20real estate.
21    All liens arising under this subsection (a) shall be
22assignable. The assignee of the lien shall have the same power
23to enforce the lien as the assigning party, except that the
24lien may not be enforced under subsection (c).
25    If the appropriate official of any municipality determines
26that any dangerous and unsafe building or uncompleted and

 

 

SB0189- 107 -LRB101 06690 AWJ 51717 b

1abandoned building within its territory fulfills the
2requirements for an action by the municipality under the
3Abandoned Housing Rehabilitation Act, the municipality may
4petition under that Act in a proceeding brought under this
5subsection.
6    (b) Any owner or tenant of real property within 1200 feet
7in any direction of any dangerous or unsafe building located
8within the territory of a municipality with a population of
9500,000 or more may file with the appropriate municipal
10authority a request that the municipality apply to the circuit
11court of the county in which the building is located for an
12order permitting the demolition, removal of garbage, debris,
13and other noxious or unhealthy substances and materials from,
14or repair or enclosure of the building in the manner prescribed
15in subsection (a) of this Section. If the municipality fails to
16institute an action in circuit court within 90 days after the
17filing of the request, the owner or tenant of real property
18within 1200 feet in any direction of the building may institute
19an action in circuit court seeking an order compelling the
20owner or owners of record to demolish, remove garbage, debris,
21and other noxious or unhealthy substances and materials from,
22repair or enclose or to cause to be demolished, have garbage,
23debris, and other noxious or unhealthy substances and materials
24removed from, repaired, or enclosed the building in question. A
25private owner or tenant who institutes an action under the
26preceding sentence shall not be required to pay any fee to the

 

 

SB0189- 108 -LRB101 06690 AWJ 51717 b

1clerk of the circuit court. The cost of repair, removal,
2demolition, or enclosure shall be borne by the owner or owners
3of record of the building. In the event the owner or owners of
4record fail to demolish, remove garbage, debris, and other
5noxious or unhealthy substances and materials from, repair, or
6enclose the building within 90 days of the date the court
7entered its order, the owner or tenant who instituted the
8action may request that the court join the municipality as a
9party to the action. The court may order the municipality to
10demolish, remove materials from, repair, or enclose the
11building, or cause that action to be taken upon the request of
12any owner or tenant who instituted the action or upon the
13municipality's request. The municipality may file, and the
14court may approve, a plan for rehabilitating the building in
15question. A court order authorizing the municipality to
16demolish, remove materials from, repair, or enclose a building,
17or cause that action to be taken, shall not preclude the court
18from adjudging the owner or owners of record of the building in
19contempt of court due to the failure to comply with the order
20to demolish, remove garbage, debris, and other noxious or
21unhealthy substances and materials from, repair, or enclose the
22building.
23    If a municipality or a person or persons other than the
24owner or owners of record pay the cost of demolition, removal
25of garbage, debris, and other noxious or unhealthy substances
26and materials, repair, or enclosure pursuant to a court order,

 

 

SB0189- 109 -LRB101 06690 AWJ 51717 b

1the cost, including court costs, attorney's fees, and other
2costs related to the enforcement of this subsection, is
3recoverable from the owner or owners of the real estate and is
4a lien on the real estate; the lien is superior to all prior
5existing liens and encumbrances, except taxes, if, within 180
6days after the repair, removal, demolition, or enclosure, the
7municipality or the person or persons who paid the costs of
8demolition, removal, repair, or enclosure shall file a notice
9of lien of the cost and expense incurred in the office of the
10recorder in the county in which the real estate is located or
11in the office of the registrar of the county if the real estate
12affected is registered under the Registered Titles (Torrens)
13Act. The notice shall be in a form as is provided in subsection
14(a). An owner or tenant who institutes an action in circuit
15court seeking an order to compel the owner or owners of record
16to demolish, remove materials from, repair, or enclose any
17dangerous or unsafe building, or to cause that action to be
18taken under this subsection may recover court costs and
19reasonable attorney's fees for instituting the action from the
20owner or owners of record of the building. Upon payment of the
21costs and expenses by the owner of or a person interested in
22the property after the notice of lien has been filed, the lien
23shall be released by the municipality or the person in whose
24name the lien has been filed or his or her assignee, and the
25release may be filed of record as in the case of filing a
26notice of lien. Unless the lien is enforced under subsection

 

 

SB0189- 110 -LRB101 06690 AWJ 51717 b

1(c), the lien may be enforced by foreclosure proceedings as in
2the case of mortgage foreclosures under Article XV of the Code
3of Civil Procedure or mechanics' lien foreclosures. An action
4to foreclose this lien may be commenced at any time after the
5date of filing of the notice of lien. The costs of foreclosure
6incurred by the municipality, including court costs,
7reasonable attorneys' fees, advances to preserve the property,
8and other costs related to the enforcement of this subsection,
9plus statutory interest, are a lien on the real estate and are
10recoverable by the municipality from the owner or owners of the
11real estate.
12    All liens arising under the terms of this subsection (b)
13shall be assignable. The assignee of the lien shall have the
14same power to enforce the lien as the assigning party, except
15that the lien may not be enforced under subsection (c).
16    (c) In any case where a municipality has obtained a lien
17under subsection (a), (b), or (f), the municipality may enforce
18the lien under this subsection (c) in the same proceeding in
19which the lien is authorized.
20    A municipality desiring to enforce a lien under this
21subsection (c) shall petition the court to retain jurisdiction
22for foreclosure proceedings under this subsection. Notice of
23the petition shall be served, by certified or registered mail,
24on all persons who were served notice under subsection (a),
25(b), or (f). The court shall conduct a hearing on the petition
26not less than 15 days after the notice is served. If the court

 

 

SB0189- 111 -LRB101 06690 AWJ 51717 b

1determines that the requirements of this subsection (c) have
2been satisfied, it shall grant the petition and retain
3jurisdiction over the matter until the foreclosure proceeding
4is completed. The costs of foreclosure incurred by the
5municipality, including court costs, reasonable attorneys'
6fees, advances to preserve the property, and other costs
7related to the enforcement of this subsection, plus statutory
8interest, are a lien on the real estate and are recoverable by
9the municipality from the owner or owners of the real estate.
10If the court denies the petition, the municipality may enforce
11the lien in a separate action as provided in subsection (a),
12(b), or (f).
13    All persons designated in Section 15-1501 of the Code of
14Civil Procedure as necessary parties in a mortgage foreclosure
15action shall be joined as parties before issuance of an order
16of foreclosure. Persons designated in Section 15-1501 of the
17Code of Civil Procedure as permissible parties may also be
18joined as parties in the action.
19    The provisions of Article XV of the Code of Civil Procedure
20applicable to mortgage foreclosures shall apply to the
21foreclosure of a lien under this subsection (c), except to the
22extent that those provisions are inconsistent with this
23subsection. For purposes of foreclosures of liens under this
24subsection, however, the redemption period described in
25subsection (b) of Section 15-1603 of the Code of Civil
26Procedure shall end 60 days after the date of entry of the

 

 

SB0189- 112 -LRB101 06690 AWJ 51717 b

1order of foreclosure.
2    (d) In addition to any other remedy provided by law, the
3corporate authorities of any municipality may petition the
4circuit court to have property declared abandoned under this
5subsection (d) if:
6        (1) the property has been tax delinquent for 2 or more
7    years or bills for water service for the property have been
8    outstanding for 2 or more years;
9        (2) the property is unoccupied by persons legally in
10    possession; and
11        (3) the property contains a dangerous or unsafe
12    building for reasons specified in the petition.
13    All persons having an interest of record in the property,
14including tax purchasers and beneficial owners of any Illinois
15land trust having title to the property, shall be named as
16defendants in the petition and shall be served with process. In
17addition, service shall be had under Section 2-206 of the Code
18of Civil Procedure as in other cases affecting property.
19    The municipality, however, may proceed under this
20subsection in a proceeding brought under subsection (a) or (b).
21Notice of the petition shall be served in person or by
22certified or registered mail on all persons who were served
23notice under subsection (a) or (b).
24    If the municipality proves that the conditions described in
25this subsection exist and (i) the owner of record of the
26property does not enter an appearance in the action, or, if

 

 

SB0189- 113 -LRB101 06690 AWJ 51717 b

1title to the property is held by an Illinois land trust, if
2neither the owner of record nor the owner of the beneficial
3interest of the trust enters an appearance, or (ii) if the
4owner of record or the beneficiary of a land trust, if title to
5the property is held by an Illinois land trust, enters an
6appearance and specifically waives his or her rights under this
7subsection (d), the court shall declare the property abandoned.
8Notwithstanding any waiver, the municipality may move to
9dismiss its petition at any time. In addition, any waiver in a
10proceeding under this subsection (d) does not serve as a waiver
11for any other proceeding under law or equity.
12    If that determination is made, notice shall be sent in
13person or by certified or registered mail to all persons having
14an interest of record in the property, including tax purchasers
15and beneficial owners of any Illinois land trust having title
16to the property, stating that title to the property will be
17transferred to the municipality unless, within 30 days of the
18notice, the owner of record or any other person having an
19interest in the property files with the court a request to
20demolish the dangerous or unsafe building or to put the
21building in safe condition, or unless the owner of record
22enters an appearance and proves that the owner does not intend
23to abandon the property.
24    If the owner of record enters an appearance in the action
25within the 30 day period, but does not at that time file with
26the court a request to demolish the dangerous or unsafe

 

 

SB0189- 114 -LRB101 06690 AWJ 51717 b

1building or to put the building in safe condition, or
2specifically waive his or her rights under this subsection (d),
3the court shall vacate its order declaring the property
4abandoned if it determines that the owner of record does not
5intend to abandon the property. In that case, the municipality
6may amend its complaint in order to initiate proceedings under
7subsection (a), or it may request that the court order the
8owner to demolish the building or repair the dangerous or
9unsafe conditions of the building alleged in the petition or
10seek the appointment of a receiver or other equitable relief to
11correct the conditions at the property. The powers and rights
12of a receiver appointed under this subsection (d) shall include
13all of the powers and rights of a receiver appointed under
14Section 11-31-2 of this Code.
15    If a request to demolish or repair the building is filed
16within the 30 day period, the court shall grant permission to
17the requesting party to demolish the building within 30 days or
18to restore the building to safe condition within 60 days after
19the request is granted. An extension of that period for up to
2060 additional days may be given for good cause. If more than
21one person with an interest in the property files a timely
22request, preference shall be given to the owner of record if
23the owner filed a request or, if the owner did not, the person
24with the lien or other interest of the highest priority.
25    If the requesting party (other than the owner of record)
26proves to the court that the building has been demolished or

 

 

SB0189- 115 -LRB101 06690 AWJ 51717 b

1put in a safe condition in accordance with the local safety
2codes within the period of time granted by the court, the court
3shall issue a quitclaim judicial deed for the property to the
4requesting party, conveying only the interest of the owner of
5record, upon proof of payment to the municipality of all costs
6incurred by the municipality in connection with the action,
7including but not limited to court costs, attorney's fees,
8administrative costs, the costs, if any, associated with
9building enclosure or removal, and receiver's certificates.
10The interest in the property so conveyed shall be subject to
11all liens and encumbrances on the property. In addition, if the
12interest is conveyed to a person holding a certificate of
13purchase for the property under the Property Tax Code, the
14conveyance shall be subject to the rights of redemption of all
15persons entitled to redeem under that Act, including the
16original owner of record. If the requesting party is the owner
17of record and proves to the court that the building has been
18demolished or put in a safe condition in accordance with the
19local safety codes within the period of time granted by the
20court, the court shall dismiss the proceeding under this
21subsection (d).
22    If the owner of record has not entered an appearance and
23proven that the owner did not intend to abandon the property,
24and if no person with an interest in the property files a
25timely request or if the requesting party fails to demolish the
26building or put the building in safe condition within the time

 

 

SB0189- 116 -LRB101 06690 AWJ 51717 b

1specified by the court, the municipality may petition the court
2to issue a judicial deed for the property to the municipality.
3A conveyance by judicial deed shall operate to extinguish all
4existing ownership interests in, liens on, and other interest
5in the property, including tax liens, and shall extinguish the
6rights and interests of any and all holders of a bona fide
7certificate of purchase of the property for delinquent taxes.
8Any such bona fide certificate of purchase holder shall be
9entitled to a sale in error as prescribed under Section 21-310
10of the Property Tax Code.
11    (e) Each municipality may use the provisions of this
12subsection to expedite the removal of certain buildings that
13are a continuing hazard to the community in which they are
14located.
15    If a residential or commercial building is 3 stories or
16less in height as defined by the municipality's building code,
17and the corporate official designated to be in charge of
18enforcing the municipality's building code determines that the
19building is open and vacant and an immediate and continuing
20hazard to the community in which the building is located, then
21the official shall be authorized to post a notice not less than
222 feet by 2 feet in size on the front of the building. The
23notice shall be dated as of the date of the posting and shall
24state that unless the building is demolished, repaired, or
25enclosed, and unless any garbage, debris, and other hazardous,
26noxious, or unhealthy substances or materials are removed so

 

 

SB0189- 117 -LRB101 06690 AWJ 51717 b

1that an immediate and continuing hazard to the community no
2longer exists, then the building may be demolished, repaired,
3or enclosed, or any garbage, debris, and other hazardous,
4noxious, or unhealthy substances or materials may be removed,
5by the municipality.
6    Not later than 30 days following the posting of the notice,
7the municipality shall do all of the following:
8        (1) Cause to be sent, by certified mail, return receipt
9    requested, a Notice to Remediate to all owners of record of
10    the property, the beneficial owners of any Illinois land
11    trust having title to the property, and all lienholders of
12    record in the property, stating the intent of the
13    municipality to demolish, repair, or enclose the building
14    or remove any garbage, debris, or other hazardous, noxious,
15    or unhealthy substances or materials if that action is not
16    taken by the owner or owners.
17        (2) Cause to be published, in a newspaper published or
18    circulated in the municipality where the building is
19    located or on the municipality's website, a notice setting
20    forth (i) the permanent tax index number and the address of
21    the building, (ii) a statement that the property is open
22    and vacant and constitutes an immediate and continuing
23    hazard to the community, and (iii) a statement that the
24    municipality intends to demolish, repair, or enclose the
25    building or remove any garbage, debris, or other hazardous,
26    noxious, or unhealthy substances or materials if the owner

 

 

SB0189- 118 -LRB101 06690 AWJ 51717 b

1    or owners or lienholders of record fail to do so. This
2    notice shall be published for 3 consecutive days.
3        (3) Cause to be recorded the Notice to Remediate mailed
4    under paragraph (1) in the office of the recorder in the
5    county in which the real estate is located or in the office
6    of the registrar of titles of the county if the real estate
7    is registered under the Registered Title (Torrens) Act.
8    Any person or persons with a current legal or equitable
9interest in the property objecting to the proposed actions of
10the corporate authorities may file his or her objection in an
11appropriate form in a court of competent jurisdiction.
12    If the building is not demolished, repaired, or enclosed,
13or the garbage, debris, or other hazardous, noxious, or
14unhealthy substances or materials are not removed, within 30
15days of mailing the notice to the owners of record, the
16beneficial owners of any Illinois land trust having title to
17the property, and all lienholders of record in the property, or
18within 30 days of the last day of publication of the notice,
19whichever is later, the corporate authorities shall have the
20power to demolish, repair, or enclose the building or to remove
21any garbage, debris, or other hazardous, noxious, or unhealthy
22substances or materials.
23    The municipality may proceed to demolish, repair, or
24enclose a building or remove any garbage, debris, or other
25hazardous, noxious, or unhealthy substances or materials under
26this subsection within a 120-day period following the date of

 

 

SB0189- 119 -LRB101 06690 AWJ 51717 b

1the mailing of the notice if the appropriate official
2determines that the demolition, repair, enclosure, or removal
3of any garbage, debris, or other hazardous, noxious, or
4unhealthy substances or materials is necessary to remedy the
5immediate and continuing hazard. If, however, before the
6municipality proceeds with any of the actions authorized by
7this subsection, any person with a legal or equitable interest
8in the property has sought a hearing under this subsection
9before a court and has served a copy of the complaint on the
10chief executive officer of the municipality, then the
11municipality shall not proceed with the demolition, repair,
12enclosure, or removal of garbage, debris, or other substances
13until the court determines that that action is necessary to
14remedy the hazard and issues an order authorizing the
15municipality to do so. If the court dismisses the action for
16want of prosecution, the municipality must send the objector a
17copy of the dismissal order and a letter stating that the
18demolition, repair, enclosure, or removal of garbage, debris,
19or other substances will proceed unless, within 30 days after
20the copy of the order and the letter are mailed, the objector
21moves to vacate the dismissal and serves a copy of the motion
22on the chief executive officer of the municipality.
23Notwithstanding any other law to the contrary, if the objector
24does not file a motion and give the required notice, if the
25motion is denied by the court, or if the action is again
26dismissed for want of prosecution, then the dismissal is with

 

 

SB0189- 120 -LRB101 06690 AWJ 51717 b

1prejudice and the demolition, repair, enclosure, or removal may
2proceed forthwith.
3    Following the demolition, repair, or enclosure of a
4building, or the removal of garbage, debris, or other
5hazardous, noxious, or unhealthy substances or materials under
6this subsection, the municipality may file a notice of lien
7against the real estate for the cost of the demolition, repair,
8enclosure, or removal within 180 days after the repair,
9demolition, enclosure, or removal occurred, for the cost and
10expense incurred, in the office of the recorder in the county
11in which the real estate is located or in the office of the
12registrar of titles of the county if the real estate affected
13is registered under the Registered Titles (Torrens) Act; this
14lien has priority over the interests of those parties named in
15the Notice to Remediate mailed under paragraph (1), but not
16over the interests of third party purchasers or encumbrancers
17for value who obtained their interests in the property before
18obtaining actual or constructive notice of the lien. The notice
19of lien shall consist of a sworn statement setting forth (i) a
20description of the real estate, such as the address or other
21description of the property, sufficient for its
22identification; (ii) the expenses incurred by the municipality
23in undertaking the remedial actions authorized under this
24subsection; (iii) the date or dates the expenses were incurred
25by the municipality; (iv) a statement by the corporate official
26responsible for enforcing the building code that the building

 

 

SB0189- 121 -LRB101 06690 AWJ 51717 b

1was open and vacant and constituted an immediate and continuing
2hazard to the community; (v) a statement by the corporate
3official that the required sign was posted on the building,
4that notice was sent by certified mail to the owners of record,
5and that notice was published in accordance with this
6subsection; and (vi) a statement as to when and where the
7notice was published. The lien authorized by this subsection
8may thereafter be released or enforced by the municipality as
9provided in subsection (a).
10    (f) The corporate authorities of each municipality may
11remove or cause the removal of, or otherwise environmentally
12remediate hazardous substances and petroleum products on, in,
13or under any abandoned and unsafe property within the territory
14of a municipality. In addition, where preliminary evidence
15indicates the presence or likely presence of a hazardous
16substance or a petroleum product or a release or a substantial
17threat of a release of a hazardous substance or a petroleum
18product on, in, or under the property, the corporate
19authorities of the municipality may inspect the property and
20test for the presence or release of hazardous substances and
21petroleum products. In any county having adopted by referendum
22or otherwise a county health department as provided by Division
235-25 of the Counties Code or its predecessor, the county board
24of that county may exercise the above-described powers with
25regard to property within the territory of any city, village,
26or incorporated town having less than 50,000 population.

 

 

SB0189- 122 -LRB101 06690 AWJ 51717 b

1    For purposes of this subsection (f):
2        (1) "property" or "real estate" means all real
3    property, whether or not improved by a structure;
4        (2) "abandoned" means;
5            (A) the property has been tax delinquent for 2 or
6        more years;
7            (B) the property is unoccupied by persons legally
8        in possession; and
9        (3) "unsafe" means property that presents an actual or
10    imminent threat to public health and safety caused by the
11    release of hazardous substances; and
12        (4) "hazardous substances" means the same as in Section
13    3.215 of the Environmental Protection Act.
14    The corporate authorities shall apply to the circuit court
15of the county in which the property is located (i) for an order
16allowing the municipality to enter the property and inspect and
17test substances on, in, or under the property; or (ii) for an
18order authorizing the corporate authorities to take action with
19respect to remediation of the property if conditions on the
20property, based on the inspection and testing authorized in
21paragraph (i), indicate the presence of hazardous substances or
22petroleum products. Remediation shall be deemed complete for
23purposes of paragraph (ii) above when the property satisfies
24Tier I, II, or III remediation objectives for the property's
25most recent usage, as established by the Environmental
26Protection Act, and the rules and regulations promulgated

 

 

SB0189- 123 -LRB101 06690 AWJ 51717 b

1thereunder. Where, upon diligent search, the identity or
2whereabouts of the owner or owners of the property, including
3the lien holders of record, is not ascertainable, notice mailed
4to the person or persons in whose name the real estate was last
5assessed is sufficient notice under this Section.
6    The court shall grant an order authorizing testing under
7paragraph (i) above upon a showing of preliminary evidence
8indicating the presence or likely presence of a hazardous
9substance or a petroleum product or a release of or a
10substantial threat of a release of a hazardous substance or a
11petroleum product on, in, or under abandoned property. The
12preliminary evidence may include, but is not limited to,
13evidence of prior use, visual site inspection, or records of
14prior environmental investigations. The testing authorized by
15paragraph (i) above shall include any type of investigation
16which is necessary for an environmental professional to
17determine the environmental condition of the property,
18including but not limited to performance of soil borings and
19groundwater monitoring. The court shall grant a remediation
20order under paragraph (ii) above where testing of the property
21indicates that it fails to meet the applicable remediation
22objectives. The hearing upon the application to the circuit
23court shall be expedited by the court and shall be given
24precedence over all other suits.
25    The cost of the inspection, testing, or remediation
26incurred by the municipality or by a lien holder of record,

 

 

SB0189- 124 -LRB101 06690 AWJ 51717 b

1including court costs, attorney's fees, and other costs related
2to the enforcement of this Section, is a lien on the real
3estate; except that in any instances where a municipality
4incurs costs of inspection and testing but finds no hazardous
5substances or petroleum products on the property that present
6an actual or imminent threat to public health and safety, such
7costs are not recoverable from the owners nor are such costs a
8lien on the real estate. The lien is superior to all prior
9existing liens and encumbrances, except taxes and any lien
10obtained under subsection (a) or (e), if, within 180 days after
11the completion of the inspection, testing, or remediation, the
12municipality or the lien holder of record who incurred the cost
13and expense shall file a notice of lien for the cost and
14expense incurred in the office of the recorder in the county in
15which the real estate is located or in the office of the
16registrar of titles of the county if the real estate affected
17is registered under the Registered Titles (Torrens) Act.
18    The notice must consist of a sworn statement setting out
19(i) a description of the real estate sufficient for its
20identification, (ii) the amount of money representing the cost
21and expense incurred, and (iii) the date or dates when the cost
22and expense was incurred by the municipality or the lien holder
23of record. Upon payment of the lien amount by the owner of or
24persons interested in the property after the notice of lien has
25been filed, a release of lien shall be issued by the
26municipality, the person in whose name the lien has been filed,

 

 

SB0189- 125 -LRB101 06690 AWJ 51717 b

1or the assignee of the lien, and the release may be filed of
2record as in the case of filing notice of lien.
3    The lien may be enforced under subsection (c) or by
4foreclosure proceedings as in the case of mortgage foreclosures
5under Article XV of the Code of Civil Procedure or mechanics'
6lien foreclosures; provided that where the lien is enforced by
7foreclosure under subsection (c) or under either statute, the
8municipality may not proceed against the other assets of the
9owner or owners of the real estate for any costs that otherwise
10would be recoverable under this Section but that remain
11unsatisfied after foreclosure except where such additional
12recovery is authorized by separate environmental laws. An
13action to foreclose this lien may be commenced at any time
14after the date of filing of the notice of lien. The costs of
15foreclosure incurred by the municipality, including court
16costs, reasonable attorney's fees, advances to preserve the
17property, and other costs related to the enforcement of this
18subsection, plus statutory interest, are a lien on the real
19estate.
20    All liens arising under this subsection (f) shall be
21assignable. The assignee of the lien shall have the same power
22to enforce the lien as the assigning party, except that the
23lien may not be enforced under subsection (c).
24    (g) In any case where a municipality has obtained a lien
25under subsection (a), the municipality may also bring an action
26for a money judgment against the owner or owners of the real

 

 

SB0189- 126 -LRB101 06690 AWJ 51717 b

1estate in the amount of the lien in the same manner as provided
2for bringing causes of action in Article II of the Code of
3Civil Procedure and, upon obtaining a judgment, file a judgment
4lien against all of the real estate of the owner or owners and
5enforce that lien as provided for in Article XII of the Code of
6Civil Procedure.
7(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
 
8    (65 ILCS 5/11-42-11)  (from Ch. 24, par. 11-42-11)
9    Sec. 11-42-11. Community antenna television systems;
10satellite transmitted television programming.
11    (a) The corporate authorities of each municipality may
12license, franchise and tax the business of operating a
13community antenna television system as hereinafter defined. In
14municipalities with less than 2,000,000 inhabitants, the
15corporate authorities may, under the limited circumstances set
16forth in this Section, own (or lease as lessee) and operate a
17community antenna television system; provided that a
18municipality may not acquire, construct, own, or operate a
19community antenna television system for the use or benefit of
20private consumers or users, and may not charge a fee for that
21consumption or use, unless the proposition to acquire,
22construct, own, or operate a cable antenna television system
23has been submitted to and approved by the electors of the
24municipality in accordance with subsection (f). Before
25acquiring, constructing, or commencing operation of a

 

 

SB0189- 127 -LRB101 06690 AWJ 51717 b

1community antenna television system, the municipality shall
2comply with the following:
3        (1) Give written notice to the owner or operator of any
4    other community antenna television system franchised to
5    serve all or any portion of the territorial area to be
6    served by the municipality's community antenna television
7    system, specifying the date, time, and place at which the
8    municipality shall conduct public hearings to consider and
9    determine whether the municipality should acquire,
10    construct, or commence operation of a community antenna
11    television system. The public hearings shall be conducted
12    at least 14 days after this notice is given.
13        (2) Publish a notice of the hearing in 2 or more
14    newspapers published in the county, city, village,
15    incorporated town, or town, as the case may be. If there is
16    no such newspaper, then notice shall be published in any 2
17    or more newspapers published in the county and having a
18    general circulation throughout the community. The
19    publication requirement may also be satisfied by
20    publication of the notice on the municipality's website.
21    The public hearings shall be conducted at least 14 days
22    after this notice is given.
23        (3) Conduct a public hearing to determine the means by
24    which construction, maintenance, and operation of the
25    system will be financed, including whether the use of tax
26    revenues or other fees will be required.

 

 

SB0189- 128 -LRB101 06690 AWJ 51717 b

1    (b) The words "community antenna television system" shall
2mean any facility which is constructed in whole or in part in,
3on, under or over any highway or other public place and which
4is operated to perform for hire the service of receiving and
5amplifying the signals broadcast by one or more television
6stations and redistributing such signals by wire, cable or
7other means to members of the public who subscribe to such
8service; except that such definition shall not include (i) any
9system which serves fewer than fifty subscribers, or (ii) any
10system which serves only the residents of one or more apartment
11dwellings under common ownership, control or management, and
12commercial establishments located on the premises of such
13dwellings.
14    (c) The authority hereby granted does not include authority
15to license, franchise or tax telephone companies subject to
16jurisdiction of the Illinois Commerce Commission or the Federal
17Communications Commission in connection with the furnishing of
18circuits, wires, cables, and other facilities to the operator
19of a community antenna television system.
20    (c-1) Each franchise entered into by a municipality and a
21community antenna television system shall include the customer
22service and privacy standards and protections contained in
23Article XXII of the Public Utilities Act. A franchise may not
24contain different penalties or consumer service and privacy
25standards and protections. Each franchise entered into by a
26municipality and a community antenna television system before

 

 

SB0189- 129 -LRB101 06690 AWJ 51717 b

1June 30, 2007 (the effective date of Public Act 95-9) shall be
2amended by this Section to incorporate the penalty provisions
3and customer service and privacy standards and protections
4contained in Article XXII of the Public Utilities Act.
5    The corporate authorities of each municipality may, in the
6course of franchising such community antenna television
7system, grant to such franchisee the authority and the right
8and permission to use all public streets, rights of way,
9alleys, ways for public service facilities, parks,
10playgrounds, school grounds, or other public grounds, in which
11such municipality may have an interest, for the construction,
12installation, operation, maintenance, alteration, addition,
13extension or improvement of a community antenna television
14system.
15    Any charge imposed by a community antenna television system
16franchised pursuant to this Section for the raising or removal
17of cables or lines to permit passage on, to or from a street
18shall not exceed the reasonable costs of work reasonably
19necessary to safely permit such passage. Pursuant to
20subsections (h) and (i) of Section 6 of Article VII of the
21Constitution of the State of Illinois, the General Assembly
22declares the regulation of charges which may be imposed by
23community antenna television systems for the raising or removal
24of cables or lines to permit passage on, to or from streets is
25a power or function to be exercised exclusively by the State
26and not to be exercised or performed concurrently with the

 

 

SB0189- 130 -LRB101 06690 AWJ 51717 b

1State by any unit of local government, including any home rule
2unit.
3    The municipality may, upon written request by the
4franchisee of a community antenna television system, exercise
5its right of eminent domain solely for the purpose of granting
6an easement right no greater than 8 feet in width, extending no
7greater than 8 feet from any lot line for the purpose of
8extending cable across any parcel of property in the manner
9provided by the law of eminent domain, provided, however, such
10franchisee deposits with the municipality sufficient security
11to pay all costs incurred by the municipality in the exercise
12of its right of eminent domain.
13    (d) The General Assembly finds and declares that
14satellite-transmitted television programming should be
15available to those who desire to subscribe to such programming
16and that decoding devices should be obtainable at reasonable
17prices by those who are unable to obtain satellite-transmitted
18television programming through duly franchised community
19antenna television systems.
20    In any instance in which a person is unable to obtain
21satellite-transmitted television programming through a duly
22franchised community antenna television system either because
23the municipality and county in which such person resides has
24not granted a franchise to operate and maintain a community
25antenna television system, or because the duly franchised
26community antenna television system operator does not make

 

 

SB0189- 131 -LRB101 06690 AWJ 51717 b

1cable television services available to such person, any
2programming company that delivers satellite-transmitted
3television programming in scrambled or encrypted form shall
4ensure that devices for description of such programming are
5made available to such person, through the local community
6antenna television operator or directly, for purchase or lease
7at prices reasonably related to the cost of manufacture and
8distribution of such devices.
9    (e) The General Assembly finds and declares that, in order
10to ensure that community antenna television services are
11provided in an orderly, competitive and economically sound
12manner, the best interests of the public will be served by the
13establishment of certain minimum standards and procedures for
14the granting of additional cable television franchises.
15    Subject to the provisions of this subsection, the authority
16granted under subsection (a) hereof shall include the authority
17to license, franchise and tax more than one cable operator to
18provide community antenna television services within the
19corporate limits of a single franchising authority. For
20purposes of this subsection (e), the term:
21        (i) "Existing cable television franchise" means a
22    community antenna television franchise granted by a
23    municipality which is in use at the time such municipality
24    receives an application or request by another cable
25    operator for a franchise to provide cable antenna
26    television services within all or any portion of the

 

 

SB0189- 132 -LRB101 06690 AWJ 51717 b

1    territorial area which is or may be served under the
2    existing cable television franchise.
3        (ii) "Additional cable television franchise" means a
4    franchise pursuant to which community antenna television
5    services may be provided within the territorial areas, or
6    any portion thereof, which may be served under an existing
7    cable television franchise.
8        (iii) "Franchising Authority" is defined as that term
9    is defined under Section 602(9) of the Cable Communications
10    Policy Act of 1984, Public Law 98-549, but does not include
11    any municipality with a population of 1,000,000 or more.
12        (iv) "Cable operator" is defined as that term is
13    defined under Section 602(4) of the Cable Communications
14    Policy Act of 1984, Public Law 98-549.
15    Before granting an additional cable television franchise,
16the franchising authority shall:
17        (1) Give written notice to the owner or operator of any
18    other community antenna television system franchised to
19    serve all or any portion of the territorial area to be
20    served by such additional cable television franchise,
21    identifying the applicant for such additional franchise
22    and specifying the date, time and place at which the
23    franchising authority shall conduct public hearings to
24    consider and determine whether such additional cable
25    television franchise should be granted.
26        (2) Conduct a public hearing to determine the public

 

 

SB0189- 133 -LRB101 06690 AWJ 51717 b

1    need for such additional cable television franchise, the
2    capacity of public rights-of-way to accommodate such
3    additional community antenna television services, the
4    potential disruption to existing users of public
5    rights-of-way to be used by such additional franchise
6    applicant to complete construction and to provide cable
7    television services within the proposed franchise area,
8    the long term economic impact of such additional cable
9    television system within the community, and such other
10    factors as the franchising authority shall deem
11    appropriate.
12        (3) Determine, based upon the foregoing factors,
13    whether it is in the best interest of the municipality to
14    grant such additional cable television franchise.
15        (4) If the franchising authority shall determine that
16    it is in the best interest of the municipality to do so, it
17    may grant the additional cable television franchise.
18    Except as provided in paragraph (5) of this subsection (e),
19    no such additional cable television franchise shall be
20    granted under terms or conditions more favorable or less
21    burdensome to the applicant than those required under the
22    existing cable television franchise, including but not
23    limited to terms and conditions pertaining to the
24    territorial extent of the franchise, system design,
25    technical performance standards, construction schedules,
26    performance bonds, standards for construction and

 

 

SB0189- 134 -LRB101 06690 AWJ 51717 b

1    installation of cable television facilities, service to
2    subscribers, public educational and governmental access
3    channels and programming, production assistance, liability
4    and indemnification, and franchise fees.
5        (5) Unless the existing cable television franchise
6    provides that any additional cable television franchise
7    shall be subject to the same terms or substantially
8    equivalent terms and conditions as those of the existing
9    cable television franchise, the franchising authority may
10    grant an additional cable television franchise under
11    different terms and conditions than those of the existing
12    franchise, in which event the franchising authority shall
13    enter into good faith negotiations with the existing
14    franchisee and shall, within 120 days after the effective
15    date of the additional cable television franchise, modify
16    the existing cable television franchise in a manner and to
17    the extent necessary to ensure that neither the existing
18    cable television franchise nor the additional cable
19    television franchise, each considered in its entirety,
20    provides a competitive advantage over the other, provided
21    that prior to modifying the existing cable television
22    franchise, the franchising authority shall have conducted
23    a public hearing to consider the proposed modification. No
24    modification in the terms and conditions of the existing
25    cable television franchise shall oblige the existing cable
26    television franchisee (1) to make any additional payment to

 

 

SB0189- 135 -LRB101 06690 AWJ 51717 b

1    the franchising authority, including the payment of any
2    additional franchise fee, (2) to engage in any additional
3    construction of the existing cable television system or,
4    (3) to modify the specifications or design of the existing
5    cable television system; and the inclusion of the factors
6    identified in items (2) and (3) shall not be considered in
7    determining whether either franchise considered in its
8    entirety, has a competitive advantage over the other except
9    to the extent that the additional franchisee provides
10    additional video or data services or the equipment or
11    facilities necessary to generate and or carry such service.
12    No modification in the terms and conditions of the existing
13    cable television franchise shall be made if the existing
14    cable television franchisee elects to continue to operate
15    under all terms and conditions of the existing franchise.
16        If within the 120 day period the franchising authority
17    and the existing cable television franchisee are unable to
18    reach agreement on modifications to the existing cable
19    television franchise, then the franchising authority shall
20    modify the existing cable television franchise, effective
21    45 days thereafter, in a manner, and only to the extent,
22    that the terms and conditions of the existing cable
23    television franchise shall no longer impose any duty or
24    obligation on the existing franchisee which is not also
25    imposed under the additional cable television franchise;
26    however, if by the modification the existing cable

 

 

SB0189- 136 -LRB101 06690 AWJ 51717 b

1    television franchisee is relieved of duties or obligations
2    not imposed under the additional cable television
3    franchise, then within the same 45 days and following a
4    public hearing concerning modification of the additional
5    cable television franchise within that 45 day period, the
6    franchising authority shall modify the additional cable
7    television franchise to the extent necessary to insure that
8    neither the existing cable television franchise nor the
9    additional cable television franchise, each considered in
10    its entirety, shall have a competitive advantage over the
11    other.
12    No municipality shall be subject to suit for damages based
13upon the municipality's determination to grant or its refusal
14to grant an additional cable television franchise, provided
15that a public hearing as herein provided has been held and the
16franchising authority has determined that it is in the best
17interest of the municipality to grant or refuse to grant such
18additional franchise, as the case may be.
19    It is declared to be the law of this State, pursuant to
20paragraphs (h) and (i) of Section 6 of Article VII of the
21Illinois Constitution, that the establishment of minimum
22standards and procedures for the granting of additional cable
23television franchises by municipalities with a population less
24than 1,000,000 as provided in this subsection (e) is an
25exclusive State power and function that may not be exercised
26concurrently by a home rule unit.

 

 

SB0189- 137 -LRB101 06690 AWJ 51717 b

1    (f) No municipality may acquire, construct, own, or operate
2a community antenna television system unless the corporate
3authorities adopt an ordinance. The ordinance must set forth
4the action proposed; describe the plant, equipment, and
5property to be acquired or constructed; and specifically
6describe the manner in which the construction, acquisition, and
7operation of the system will be financed.
8    The ordinance may not take effect until the question of
9acquiring, construction, owning, or operating a community
10antenna television system has been submitted to the electors of
11the municipality at a regular election and approved by a
12majority of the electors voting on the question. The corporate
13authorities must certify the question to the proper election
14authority, which must submit the question at an election in
15accordance with the Election Code.
16    The question must be submitted in substantially the
17following form:
18        Shall the ordinance authorizing the municipality to
19    (insert action authorized by ordinance) take effect?
20The votes must be recorded as "Yes" or "No".
21    If a majority of electors voting on the question vote in
22the affirmative, the ordinance shall take effect.
23    Not more than 30 or less than 15 days before the date of
24the referendum, the municipal clerk must publish the ordinance
25at least once in one or more newspapers published in the
26municipality or, if no newspaper is published in the

 

 

SB0189- 138 -LRB101 06690 AWJ 51717 b

1municipality, in one or more newspapers of general circulation
2within the municipality. The publication requirement may also
3be satisfied by publication of the ordinance on the
4municipality's website not more than 30 nor less than 15 days
5before the date of the referendum.
6(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
7    (65 ILCS 5/11-48.3-11)  (from Ch. 24, par. 11-48.3-11)
8    Sec. 11-48.3-11. The Authority shall have continuing power
9to borrow money for the purpose of carrying out and performing
10its duties and exercising its powers under this Division.
11    For the purpose of evidencing the obligation of the
12Authority to repay any money borrowed as aforesaid, the
13Authority may, pursuant to ordinance adopted by the Board, from
14time to time issue and dispose of its interest bearing revenue
15bonds, and may also from time to time issue and dispose of its
16interest bearing revenue bonds to refund any bonds at maturity
17or pursuant to redemption provisions or at any time before
18maturity with the consent of the holders thereof. All such
19bonds shall be payable solely from the revenues or income to be
20derived from the exhibitions, rentals and leases and other
21authorized activities operated by it, and from funds, if any,
22received and to be received by the Authority from any other
23source. Such bonds may bear such date or dates, may mature at
24such time or times not exceeding 40 years from their respective
25dates, may bear interest at such rate or rates, not exceeding

 

 

SB0189- 139 -LRB101 06690 AWJ 51717 b

1the maximum rate permitted by "An Act to authorize public
2corporations to issue bonds, other evidences of indebtedness
3and tax anticipation warrants subject to interest rate
4limitations set forth therein", approved May 26, 1970, as now
5or hereafter amended, may be in such form, may carry such
6registration privileges, may be executed in such manner, may be
7payable at such place or places, may be made subject to
8redemption in such manner and upon such terms, with or without
9premium as is stated on the face thereof, may be executed in
10such manner and may contain such terms and covenants, all as
11may be provided in the ordinance. In case any officer whose
12signature appears on any bond ceases (after attaching his or
13her signature) to hold office, his or her signature shall
14nevertheless be valid and effective for all purposes. The
15holder or holders of any bonds or interest coupons appertaining
16thereto issued by the Authority may bring mandamus, injunction,
17civil actions and proceedings to compel the performance and
18observance by the Authority or any of its officers, agents or
19employees of any contract or covenant made by the Authority
20with the holders of such bonds or interest coupons and to
21compel the Authority and any of its officers, agents or
22employees to perform any duties required to be performed for
23the benefit of the holders of any such bonds or interest
24coupons by the provisions of the ordinance authorizing their
25issuance, or to enjoin the Authority and any of its officers,
26agents or employees from taking any action in conflict with any

 

 

SB0189- 140 -LRB101 06690 AWJ 51717 b

1such contract or covenant.
2    Notwithstanding the form and tenor of any such bonds and in
3the absence of any express recital on the face thereof that it
4is non-negotiable, all such bonds shall be negotiable
5instruments under the Uniform Commercial Code.
6    From and after the issuance of any bonds as herein provided
7it shall be the duty of the corporate authorities of the
8Authority to fix and establish rates, charges, rents and fees
9for the use of facilities acquired, constructed,
10reconstructed, extended or improved with the proceeds of the
11sale of said bonds sufficient at all times, with other revenues
12of the Authority, to pay:
13    (a) The cost of maintaining, repairing, regulating and
14operating the said facilities; and
15    (b) The bonds and interest thereon as they shall become
16due, and all sinking fund requirements and other requirements
17provided by the ordinance authorizing the issuance of the bonds
18or as provided by any trust agreement executed to secure
19payment thereof.
20    To secure the payment of any or all of such bonds and for
21the purpose of setting forth the covenants and undertakings of
22the Authority in connection with the issuance thereof and the
23issuance of any additional bonds payable from such revenue
24income to be derived from the exhibitions, office rentals, air
25space leases and rentals, and other revenue, if any, the
26Authority may execute and deliver a trust agreement or

 

 

SB0189- 141 -LRB101 06690 AWJ 51717 b

1agreements; provided that no lien upon any physical property of
2the Authority shall be created thereby.
3    A remedy for any breach or default of the terms of any such
4trust agreement by the Authority may be by mandamus,
5injunction, civil action and proceedings in any court of
6competent jurisdiction to compel performance and compliance
7therewith, but the trust agreement may prescribe by whom or on
8whose behalf such action may be instituted.
9    Before any such bonds (excepting refunding bonds) are sold
10the entire authorized issue, or any part thereof, shall be
11offered for sale as a unit after advertising for bids at least
123 times in a daily newspaper of general circulation published
13in the metropolitan area or offered for sale at least 3 times
14on the Authority's website, the last publication to be at least
1510 days before bids are required to be filed. Copies of such
16advertisement may be published in any newspaper or financial
17publication in the United States. All bids shall be sealed,
18filed and opened as provided by ordinance and the bonds shall
19be awarded to the highest and best bidder or bidders therefor.
20The Authority shall have the right to reject all bids and
21readvertise for bids in the manner provided for in the initial
22advertisement. If no bids are received, however, such bonds may
23be sold at not less than par value, without further
24advertising, within 60 days after the bids are required to be
25filed pursuant to any advertisement.
26(Source: P.A. 86-279.)
 

 

 

SB0189- 142 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-48.3-23)  (from Ch. 24, par. 11-48.3-23)
2    Sec. 11-48.3-23. The Board shall have power to pass all
3ordinances and make all rules and regulations proper or
4necessary to carry into effect the powers granted to the
5Authority, with such fines or penalties as may be deemed
6proper. All fines and penalties shall be imposed by ordinance,
7which shall be published once in a newspaper of general
8circulation published in the area embraced by the Authority or
9on the Authority's website. No such ordinance shall take effect
10until 10 days after its publication.
11(Source: P.A. 97-146, eff. 1-1-12.)
 
12    (65 ILCS 5/11-48.3-25)  (from Ch. 24, par. 11-48.3-25)
13    Sec. 11-48.3-25. Advertisements for bids shall be
14published at least twice in a daily newspaper of general
15circulation published in the metropolitan area or at least
16twice on the Authority's website, the last publication to be at
17least 10 calendar days before the time for receiving bids, and
18such advertisements shall also be posted on readily accessible
19bulletin boards in the principal office of the Authority. Such
20advertisements shall state the time and place for receiving and
21opening of bids, and by reference to plans and specifications
22on file at the time of the first publication, or in the
23advertisement itself, shall describe the character of the
24proposed contract in sufficient detail to fully advise

 

 

SB0189- 143 -LRB101 06690 AWJ 51717 b

1prospective bidders of their obligations and to insure free and
2open competitive bidding.
3    All bids in response to advertisements shall be sealed and
4shall be publicly opened by the Board, and all bidders shall be
5entitled to be present in person or by representatives. Cash or
6a certified or satisfactory cashier's check, as a deposit of
7good faith, in a reasonable amount to be fixed by the Board
8before advertising for bids, shall be required with the
9proposal of each bidder. Bond for faithful performance of the
10contract with surety or sureties satisfactory to the Board and
11adequate insurance may be required in reasonable amounts to be
12fixed by the Board before advertising for bids.
13    The contract shall be awarded as promptly as possible after
14the opening of bids. The bid of the successful bidder, as well
15as the bids of the unsuccessful bidders, shall be placed on
16file and be open to public inspection. All bids shall be void
17if any disclosure of the terms of any bid in response to an
18advertisement is made or permitted to be made by the Board
19before the time fixed for opening bids.
20    Any bidder who has submitted a bid in compliance with the
21requirements for bidding may bring a civil action in the
22circuit court within the boundaries of the Authority to compel
23compliance with the provisions of this Division relating to the
24awarding of contracts by the Board.
25(Source: P.A. 86-279.)
 

 

 

SB0189- 144 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-65-9)  (from Ch. 24, par. 11-65-9)
2    Sec. 11-65-9. Every municipality owning and operating such
3a municipal convention hall shall keep books of account for the
4municipal convention hall separate and distinct from other
5municipal accounts and in such manner as to show the true and
6complete financial standing and results of the municipal
7ownership and operation. These accounts shall be so kept as to
8show: (1) the actual cost to the municipality of maintenance,
9extension, and improvement, (2) all operating expenses of every
10description, (3) if water or other service is furnished for the
11use of the municipal convention hall without charge, as nearly
12as possible, the value of that service, and also the value of
13any use or service rendered by the municipal convention hall to
14the municipality without charge, (4) reasonable allowances for
15interest, depreciation, and insurance, and (5) estimates of the
16amount of taxes that would be chargeable against the property
17if owned by a private corporation. The corporate authorities
18shall publish a report annually showing the financial results,
19in the form specified in this section, of the municipal
20ownership and operation in one or more newspapers published in
21the municipality, or, if no newspaper is published therein,
22then in one or more newspapers with a general circulation
23within the municipality. The publication requirement may also
24be satisfied by publication of the report on the municipality's
25website.
26    The accounts of the convention hall shall be examined at

 

 

SB0189- 145 -LRB101 06690 AWJ 51717 b

1least once a year by a licensed Certified Public Accountant
2permitted to perform audits under the Illinois Public
3Accounting Act who shall report to the corporate authorities
4the results of his examination. This accountant shall be
5selected as the corporate authorities may direct, and he shall
6receive for his services such compensation, to be paid out of
7the revenue from the municipal convention hall, as the
8corporate authorities may prescribe.
9(Source: P.A. 94-465, eff. 8-4-05.)
 
10    (65 ILCS 5/11-71-3)  (from Ch. 24, par. 11-71-3)
11    Sec. 11-71-3. The corporate authorities of any such
12municipality availing of the provisions of this Division 71,
13other than that concerning advertising on parking meters, shall
14adopt an ordinance describing in a general way the contemplated
15project and refer to plans and specifications therefor, which
16shall be placed on file in the office of the clerk of such
17municipality, and which shall be open for the inspection of the
18public. Such ordinance shall state the estimated cost of such
19project, and the method or methods of financing such project
20and the amount or proportion of cost of such project to be
21financed by each of such methods. If part or all of such
22project is to be financed by means of revenue bonds, the
23ordinance also shall fix the amount of the revenue bonds
24proposed to be issued, the maturity or maturities, the interest
25rate, and all details in respect thereof and shall contain such

 

 

SB0189- 146 -LRB101 06690 AWJ 51717 b

1covenants and restrictions as may be deemed necessary or
2advisable by the corporate authorities. Without limiting the
3generality of the foregoing, such ordinance shall contain such
4provisions as may be determined by the corporate authorities as
5to:
6    (a) The issuance of additional revenue bonds that may
7thereafter be issued payable from the revenues derived from the
8operation of any such parking facilities and for the payment of
9the principal and interest upon such bonds;
10    (b) The regulation as to the use of any such parking
11facilities to assure the maximum use or occupancy thereof;
12    (c) The kind and amount of insurance to be carried,
13including use and occupancy insurance, the cost of which shall
14be payable only from the revenues to be derived from the
15project;
16    (d) Operation, maintenance, management, accounting and
17auditing, and the keeping of records, reports and audits of any
18such parking facilities;
19    (e) The obligation of the municipality to maintain the
20project in good condition and to operate the same in an
21economical and efficient manner;
22    (f) Such other provisions as may be deemed necessary or
23desirable to assure a successful and profitable operation of
24the project and prompt payment of principal of and interest
25upon any revenue bonds so authorized.
26    If any part of such project is to be financed by means of

 

 

SB0189- 147 -LRB101 06690 AWJ 51717 b

1special assessments or special taxation, any ordinances or
2other procedures required under Division 2 of Article 9 of this
3Code shall be adopted and followed.
4    After the ordinance has been adopted and approved, it shall
5be published once in a newspaper published and having general
6circulation in such municipality, or if there be no such
7newspaper published in such municipality, then the ordinance
8should be posted in at least 5 of the most public places in
9such municipality, and shall become effective 10 days after
10publication or posting thereof. The publication requirement
11may also be satisfied by publication of the ordinance on the
12municipality's website.
13(Source: Laws 1963, p. 2256.)
 
14    (65 ILCS 5/11-71-8)  (from Ch. 24, par. 11-71-8)
15    Sec. 11-71-8. The corporate authorities of any such
16municipality availing of the provisions of this Division 71 are
17hereby given the authority to lease all or any part of any such
18parking facilities, and to fix and collect the rentals
19therefor, and to fix, charge and collect rentals, fees and
20charges to be paid for the use of the whole or any part of any
21such parking facilities, and to make contracts for the
22operation and management of the same, and to provide for the
23use, management and operation of such lots through lease or by
24its own employees, or otherwise. However, other than for
25surface parking lots, no lease for the operation or management

 

 

SB0189- 148 -LRB101 06690 AWJ 51717 b

1of any such parking facilities shall be made for more than one
2year except to the highest and best bidder after notice
3requesting bids shall have been given by at least one
4publication in some newspaper of general circulation published
5in such municipality or on the municipality's website, such
6publication to be made once each week for at least 2 weeks
7before the date of receiving bids therefor. All income and
8revenue derived from any such lease or contract shall be
9deposited in a separate account and used solely and only for
10the purpose of maintaining and operating the project, and
11paying the principal of and interest on any revenue bonds
12issued pursuant to ordinance under the provisions of this
13Division 71. Further any contract or obligation involving the
14borrowing of money for such purposes, incurred by any such
15municipality in the maintenance and operation of any such
16parking facilities shall be payable solely and only from the
17revenues derived from the operation of the project.
18(Source: Laws 1963, p. 2256.)
 
19    (65 ILCS 5/11-74.2-4)  (from Ch. 24, par. 11-74.2-4)
20    Sec. 11-74.2-4. If as a result of their initial study and
21survey the corporate authorities determine that one or more
22commercial blight or conservation areas exist in the
23municipality, they may by resolution set forth the boundaries
24of each commercial blight or conservation area and the factors
25that exist in the blight or conservation areas that are

 

 

SB0189- 149 -LRB101 06690 AWJ 51717 b

1detrimental to public health, safety, morals and welfare.
2    In the same resolution the corporate authorities may
3provide for a public hearing on commercial blight or
4conservation and may submit proposed redevelopment plans for
5the blight or conservation areas. At least 20 days before the
6hearing the municipal clerk shall give notice of the hearing by
7publication at least once in a newspaper of general circulation
8within the municipality or on the municipality's website.
9(Source: P.A. 81-3.)
 
10    (65 ILCS 5/11-74.2-10)  (from Ch. 24, par. 11-74.2-10)
11    Sec. 11-74.2-10. When the corporate authorities have
12acquired title to, and possession of all or any part of the
13real property located within a redevelopment area, they may let
14contracts for the demolition or removal of buildings and for
15the removal of any debris. The corporate authorities shall
16advertise for sealed bids for doing such work. The
17advertisement shall describe by street number or other means of
18identification the location of the buildings to be demolished
19or removed and the time and place where sealed bids for the
20work may be delivered to the corporate authorities. The
21advertisement shall be published once in a newspaper having a
22general circulation in the municipality or on the
23municipality's website 20 days prior to the date for receiving
24bids.
25    The contract for doing the work shall be let to the lowest

 

 

SB0189- 150 -LRB101 06690 AWJ 51717 b

1responsible bidder, but the corporate authorities may reject
2any and all bids received and readvertise for bids. Any
3contract entered into by the corporate authorities under this
4Section shall contain provisions requiring the contractor to
5give bond in an amount equal to 1/3 of his bid price, but in no
6event in excess of $25,000, conditioned for the faithful
7performance of the contract and requiring the contractor to
8furnish insurance of a character and amount to be determined by
9the corporate authorities protecting the corporate authorities
10and the municipality, its officers, agents and employees
11against any claims for personal injuries, including death and
12property damage which may be asserted because of the contract.
13The corporate authorities may include in any advertisement and
14in the contract one or more buildings, or groups of buildings,
15as they in their sole discretion may determine.
16    Notwithstanding the foregoing, if prior authorization is
17granted by ordinance of the corporate authority, contracts for
18work on commercial projects to be financed with revenue bonds
19payable solely from rentals, loan repayments and other receipts
20to be derived from such commercial projects, whether or not
21secured by a mortgage, may be let by the prospective lessee
22without advertisement or bidding.
23(Source: P.A. 81-1376.)
 
24    (65 ILCS 5/11-74.2-11)  (from Ch. 24, par. 11-74.2-11)
25    Sec. 11-74.2-11. In carrying out the provisions of a final

 

 

SB0189- 151 -LRB101 06690 AWJ 51717 b

1redevelopment plan the corporate authorities may pave and
2improve streets in the redevelopment area, construct sidewalks
3and install or relocate sewers, water pipes and other similar
4facilities. The corporate authorities shall advertise for
5sealed bids for doing such work. The advertisement shall
6describe the nature of the work to be performed and the time
7when and place where sealed bids for the work may be delivered
8to the corporate authorities. The advertisement shall be
9published once in a newspaper having a general circulation in
10the municipality or on the municipality's website at least 20
11days prior to the date for receiving bids. A contract for doing
12the work shall be let to the lowest responsible bidder, but the
13corporate authorities may reject any and all bids received and
14readvertise for bids. The contractor shall enter into bond in
15an amount equal to 1/3 of the amount of his bid conditioned for
16the faithful performance of the contract. The sureties on such
17bond and on the bond given pursuant to Section 11-74.2-10 shall
18be approved by the corporate authorities.
19(Source: Laws 1967, p. 3213.)
 
20    (65 ILCS 5/11-74.2-15)  (from Ch. 24, par. 11-74.2-15)
21    Sec. 11-74.2-15. Any real property in the redevelopment
22area that has not been sold, or in the case of commercial
23projects sold or leased, by the corporate authorities within 5
24years after they have acquired title to all the real property
25in the area shall be sold by the corporate authorities at

 

 

SB0189- 152 -LRB101 06690 AWJ 51717 b

1public sale for cash to the highest bidder who obligates
2himself to redevelop the property in accordance with the final
3redevelopment plan. Notice of the sale and of the place where
4the final redevelopment plan may be inspected shall be
5published once in a newspaper having a general circulation in
6the municipality in which the real property is situated or on
7the municipality's website at least 20 days prior to the date
8of the public sale. The notice shall contain a description of
9the real property to be sold and a general statement of the use
10for which such property may be developed under the
11redevelopment plan.
12    The corporate authorities may reject the bids received if
13in their opinion the highest bid does not equal or exceed the
14use value of the land to be sold. Within 6 months after the
15bids have been rejected, the corporate authorities shall again
16advertise for sale any real property then remaining unsold.
17Each additional publication and offer for bids shall be subject
18to the same requirements and conditions as the original
19publication.
20    Any deed executed by the corporate authorities under this
21Division may contain such restrictions as are required by the
22final redevelopment plan and necessary building and zoning
23ordinances. All such deeds of conveyance shall be executed in
24the name of the municipality by its chief executive officer,
25and the seal of the municipality shall be attached to the
26deeds.

 

 

SB0189- 153 -LRB101 06690 AWJ 51717 b

1(Source: P.A. 78-1155.)
 
2    (65 ILCS 5/11-74.2-18)  (from Ch. 24, par. 11-74.2-18)
3    Sec. 11-74.2-18. The revenue bonds issued pursuant to this
4Division shall be sold to the highest and best bidder at not
5less than their par value and accrued interest. The
6municipality shall, from time to time as bonds are to be sold,
7advertise for proposals to purchase the bonds. Each such
8advertisement may be published in such newspapers and journals
9as the corporate authorities may determine but must be
10published at least once in a newspaper having a general
11circulation in the municipality or on the municipality's
12website at least 10 days prior to the date of the opening of
13the bids. The municipality may reserve the right to reject any
14and all bids and readvertise for bids. Revenue bonds issued
15solely for the purpose of financing a commercial project may,
16notwithstanding the foregoing provisions of this Section, be
17sold at private sale without advertisement at not less than par
18and accrued interest.
19    The bonds may be issued without submitting any proposition
20to the electorate by referendum or otherwise. Any bonds issued
21under this Section as limited bonds as defined in Section 3 of
22the Local Government Debt Reform Act shall comply with the
23requirements of the Bond Issue Notification Act.
24(Source: P.A. 89-655, eff. 1-1-97.)
 

 

 

SB0189- 154 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-74.3-2)  (from Ch. 24, par. 11-74.3-2)
2    Sec. 11-74.3-2. Procedures to designate business
3districts; ordinances; notice; hearings.
4    (a) The corporate authorities of a municipality shall by
5ordinance propose the approval of a business district plan and
6designation of a business district and shall fix a time and
7place for a public hearing on the proposals to approve a
8business district plan and designate a business district.
9    (b) Notice of the public hearing shall be given by
10publication at least twice, the first publication to be not
11more than 30 nor less than 10 days prior to the hearing, in a
12newspaper of general circulation within the municipality or at
13least twice on the municipality's website. Each notice
14published pursuant to this Section shall include the following:
15        (1) The time and place of the public hearing;
16        (2) The boundaries of the proposed business district by
17    legal description and, where possible, by street location;
18        (3) A notification that all interested persons will be
19    given an opportunity to be heard at the public hearing;
20        (4) A description of the business district plan if a
21    business district plan is a subject matter of the public
22    hearing;
23        (5) The rate of any tax to be imposed pursuant to
24    subsection (10) or (11) of Section 11-74.3-3;
25        (6) An invitation for any person to submit alternate
26    proposals or bids for any proposed conveyance, lease,

 

 

SB0189- 155 -LRB101 06690 AWJ 51717 b

1    mortgage, or other disposition by the municipality of land
2    or rights in land owned by the municipality and located
3    within the proposed business district; and
4        (7) Such other matters as the municipality shall deem
5    appropriate.
6    (c) At the public hearing any interested person may file
7written objections with the municipal clerk and may be heard
8orally with respect to any matters embodied in the notice. The
9municipality shall hear and determine all alternate proposals
10or bids for any proposed conveyance, lease, mortgage, or other
11disposition by the municipality of land or rights in land owned
12by the municipality and located within the proposed business
13district and all protests and objections at the hearing,
14provided, however, that the corporate authorities of the
15municipality may establish reasonable rules regarding the
16length of time provided to members of the general public. The
17hearing may be adjourned to another date without further notice
18other than a motion to be entered upon the minutes fixing the
19time and place of the adjourned hearing. Public hearings with
20regard to approval of a business district plan or designation
21of a business district may be held simultaneously.
22    (d) At the public hearing or at any time prior to the
23adoption by the municipality of an ordinance approving a
24business district plan, the municipality may make changes in
25the business district plan. Changes which do not (i) alter the
26exterior boundaries of the proposed business district, (ii)

 

 

SB0189- 156 -LRB101 06690 AWJ 51717 b

1substantially affect the general land uses described in the
2proposed business district plan, (iii) substantially change
3the nature of any proposed business district project, (iv)
4change the description of any proposed developer, user, or
5tenant of any property to be located or improved within the
6proposed business district, (v) increase the total estimated
7business district project costs set out in the business
8district plan by more than 5%, (vi) add additional business
9district costs to the itemized list of estimated business
10district costs as proposed in the business district plan, or
11(vii) impose or increase the rate of any tax to be imposed
12pursuant to subsection (10) or (11) of Section 11-74.3-3 may be
13made by the municipality without further public hearing,
14provided the municipality shall give notice of its changes by
15publication in a newspaper of general circulation within the
16municipality or on the municipality's website. Such notice by
17publication shall be given not later than 30 days following the
18adoption of an ordinance approving such changes. Changes which
19(i) alter the exterior boundaries of the proposed business
20district, (ii) substantially affect the general land uses
21described in the proposed business district plan, (iii)
22substantially change the nature of any proposed business
23district project, (iv) change the description of any proposed
24developer, user, or tenant of any property to be located or
25improved within the proposed business district, (v) increase
26the total estimated business district project costs set out in

 

 

SB0189- 157 -LRB101 06690 AWJ 51717 b

1the business district plan by more than 5%, (vi) add additional
2business district costs to the itemized list of estimated
3business district costs as proposed in the business district
4plan, or (vii) impose or increase the rate of any tax to be
5imposed pursuant to subsection (10) or (11) of Section
611-74.3-3 may be made by the municipality only after the
7municipality by ordinance fixes a time and place for, gives
8notice by publication of, and conducts a public hearing
9pursuant to the procedures set forth hereinabove.
10    (e) By ordinance adopted within 90 days of the final
11adjournment of the public hearing a municipality may approve
12the business district plan and designate the business district.
13Any ordinance adopted which approves a business district plan
14shall contain findings that the business district on the whole
15has not been subject to growth and development through
16investment by private enterprises and would not reasonably be
17anticipated to be developed or redeveloped without the adoption
18of the business district plan. Any ordinance adopted which
19designates a business district shall contain the boundaries of
20such business district by legal description and, where
21possible, by street location, a finding that the business
22district plan conforms to the comprehensive plan for the
23development of the municipality as a whole, or, for
24municipalities with a population of 100,000 or more, regardless
25of when the business district plan was approved, the business
26district plan either (i) conforms to the strategic economic

 

 

SB0189- 158 -LRB101 06690 AWJ 51717 b

1development or redevelopment plan issued by the designated
2planning authority or the municipality or (ii) includes land
3uses that have been approved by the planning commission of the
4municipality, and, for any business district in which the
5municipality intends to impose taxes as provided in subsection
6(10) or (11) of Section 11-74.3-3, a specific finding that the
7business district qualifies as a blighted area as defined in
8Section 11-74.3-5.
9    (f) After a municipality has by ordinance approved a
10business district plan and designated a business district, the
11plan may be amended, the boundaries of the business district
12may be altered, and the taxes provided for in subsections (10)
13and (11) of Section 11-74.3-3 may be imposed or altered only as
14provided in this subsection. Changes which do not (i) alter the
15exterior boundaries of the proposed business district, (ii)
16substantially affect the general land uses described in the
17business district plan, (iii) substantially change the nature
18of any business district project, (iv) change the description
19of any developer, user, or tenant of any property to be located
20or improved within the proposed business district, (v) increase
21the total estimated business district project costs set out in
22the business district plan by more than 5% after adjustment for
23inflation from the date the business district plan was
24approved, (vi) add additional business district costs to the
25itemized list of estimated business district costs as approved
26in the business district plan, or (vii) impose or increase the

 

 

SB0189- 159 -LRB101 06690 AWJ 51717 b

1rate of any tax to be imposed pursuant to subsection (10) or
2(11) of Section 11-74.3-3 may be made by the municipality
3without further public hearing, provided the municipality
4shall give notice of its changes by publication in a newspaper
5of general circulation within the municipality or on the
6municipality's website. Such notice by publication shall be
7given not later than 30 days following the adoption of an
8ordinance approving such changes. Changes which (i) alter the
9exterior boundaries of the business district, (ii)
10substantially affect the general land uses described in the
11business district plan, (iii) substantially change the nature
12of any business district project, (iv) change the description
13of any developer, user, or tenant of any property to be located
14or improved within the proposed business district, (v) increase
15the total estimated business district project costs set out in
16the business district plan by more than 5% after adjustment for
17inflation from the date the business district plan was
18approved, (vi) add additional business district costs to the
19itemized list of estimated business district costs as approved
20in the business district plan, or (vii) impose or increase the
21rate of any tax to be imposed pursuant to subsection (10) or
22(11) of Section 11-74.3-3 may be made by the municipality only
23after the municipality by ordinance fixes a time and place for,
24gives notice by publication of, and conducts a public hearing
25pursuant to the procedures set forth in this Section.
26(Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11;

 

 

SB0189- 160 -LRB101 06690 AWJ 51717 b

197-333, eff. 8-12-11.)
 
2    (65 ILCS 5/11-74.3-6)
3    Sec. 11-74.3-6. Business district revenue and obligations;
4business district tax allocation fund.
5    (a) If the corporate authorities of a municipality have
6approved a business district plan, have designated a business
7district, and have elected to impose a tax by ordinance
8pursuant to subsection (10) or (11) of Section 11-74.3-3, then
9each year after the date of the approval of the ordinance but
10terminating upon the date all business district project costs
11and all obligations paying or reimbursing business district
12project costs, if any, have been paid, but in no event later
13than the dissolution date, all amounts generated by the
14retailers' occupation tax and service occupation tax shall be
15collected and the tax shall be enforced by the Department of
16Revenue in the same manner as all retailers' occupation taxes
17and service occupation taxes imposed in the municipality
18imposing the tax and all amounts generated by the hotel
19operators' occupation tax shall be collected and the tax shall
20be enforced by the municipality in the same manner as all hotel
21operators' occupation taxes imposed in the municipality
22imposing the tax. The corporate authorities of the municipality
23shall deposit the proceeds of the taxes imposed under
24subsections (10) and (11) of Section 11-74.3-3 into a special
25fund of the municipality called the "[Name of] Business

 

 

SB0189- 161 -LRB101 06690 AWJ 51717 b

1District Tax Allocation Fund" for the purpose of paying or
2reimbursing business district project costs and obligations
3incurred in the payment of those costs.
4    (b) The corporate authorities of a municipality that has
5designated a business district under this Law may, by
6ordinance, impose a Business District Retailers' Occupation
7Tax upon all persons engaged in the business of selling
8tangible personal property, other than an item of tangible
9personal property titled or registered with an agency of this
10State's government, at retail in the business district at a
11rate not to exceed 1% of the gross receipts from the sales made
12in the course of such business, to be imposed only in 0.25%
13increments. The tax may not be imposed on tangible personal
14property taxed at the rate of 1% under the Retailers'
15Occupation Tax Act.
16    The tax imposed under this subsection and all civil
17penalties that may be assessed as an incident thereof shall be
18collected and enforced by the Department of Revenue. The
19certificate of registration that is issued by the Department to
20a retailer under the Retailers' Occupation Tax Act shall permit
21the retailer to engage in a business that is taxable under any
22ordinance or resolution enacted pursuant to this subsection
23without registering separately with the Department under such
24ordinance or resolution or under this subsection. The
25Department of Revenue shall have full power to administer and
26enforce this subsection; to collect all taxes and penalties due

 

 

SB0189- 162 -LRB101 06690 AWJ 51717 b

1under this subsection in the manner hereinafter provided; and
2to determine all rights to credit memoranda arising on account
3of the erroneous payment of tax or penalty under this
4subsection. In the administration of, and compliance with, this
5subsection, the Department and persons who are subject to this
6subsection shall have the same rights, remedies, privileges,
7immunities, powers and duties, and be subject to the same
8conditions, restrictions, limitations, penalties, exclusions,
9exemptions, and definitions of terms and employ the same modes
10of procedure, as are prescribed in Sections 1, 1a through 1o, 2
11through 2-65 (in respect to all provisions therein other than
12the State rate of tax), 2c through 2h, 3 (except as to the
13disposition of taxes and penalties collected), 4, 5, 5a, 5c,
145d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
1512, 13, and 14 of the Retailers' Occupation Tax Act and all
16provisions of the Uniform Penalty and Interest Act, as fully as
17if those provisions were set forth herein.
18    Persons subject to any tax imposed under this subsection
19may reimburse themselves for their seller's tax liability under
20this subsection by separately stating the tax as an additional
21charge, which charge may be stated in combination, in a single
22amount, with State taxes that sellers are required to collect
23under the Use Tax Act, in accordance with such bracket
24schedules as the Department may prescribe.
25    Whenever the Department determines that a refund should be
26made under this subsection to a claimant instead of issuing a

 

 

SB0189- 163 -LRB101 06690 AWJ 51717 b

1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause the order to be drawn for the
3amount specified and to the person named in the notification
4from the Department. The refund shall be paid by the State
5Treasurer out of the business district retailers' occupation
6tax fund.
7    The Department shall immediately pay over to the State
8Treasurer, ex officio, as trustee, all taxes, penalties, and
9interest collected under this subsection for deposit into the
10business district retailers' occupation tax fund.
11    As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this subsection
17during the second preceding calendar month for sales within a
18STAR bond district.
19    After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22disbursement of stated sums of money to named municipalities
23from the business district retailers' occupation tax fund, the
24municipalities to be those from which retailers have paid taxes
25or penalties under this subsection to the Department during the
26second preceding calendar month. The amount to be paid to each

 

 

SB0189- 164 -LRB101 06690 AWJ 51717 b

1municipality shall be the amount (not including credit
2memoranda) collected under this subsection during the second
3preceding calendar month by the Department plus an amount the
4Department determines is necessary to offset any amounts that
5were erroneously paid to a different taxing body, and not
6including an amount equal to the amount of refunds made during
7the second preceding calendar month by the Department, less 2%
8of that amount, which shall be deposited into the Tax
9Compliance and Administration Fund and shall be used by the
10Department, subject to appropriation, to cover the costs of the
11Department in administering and enforcing the provisions of
12this subsection, on behalf of such municipality, and not
13including any amount that the Department determines is
14necessary to offset any amounts that were payable to a
15different taxing body but were erroneously paid to the
16municipality, and not including any amounts that are
17transferred to the STAR Bonds Revenue Fund. Within 10 days
18after receipt by the Comptroller of the disbursement
19certification to the municipalities provided for in this
20subsection to be given to the Comptroller by the Department,
21the Comptroller shall cause the orders to be drawn for the
22respective amounts in accordance with the directions contained
23in the certification. The proceeds of the tax paid to
24municipalities under this subsection shall be deposited into
25the Business District Tax Allocation Fund by the municipality.
26    An ordinance imposing or discontinuing the tax under this

 

 

SB0189- 165 -LRB101 06690 AWJ 51717 b

1subsection or effecting a change in the rate thereof shall
2either (i) be adopted and a certified copy thereof filed with
3the Department on or before the first day of April, whereupon
4the Department, if all other requirements of this subsection
5are met, shall proceed to administer and enforce this
6subsection as of the first day of July next following the
7adoption and filing; or (ii) be adopted and a certified copy
8thereof filed with the Department on or before the first day of
9October, whereupon, if all other requirements of this
10subsection are met, the Department shall proceed to administer
11and enforce this subsection as of the first day of January next
12following the adoption and filing.
13    The Department of Revenue shall not administer or enforce
14an ordinance imposing, discontinuing, or changing the rate of
15the tax under this subsection, until the municipality also
16provides, in the manner prescribed by the Department, the
17boundaries of the business district and each address in the
18business district in such a way that the Department can
19determine by its address whether a business is located in the
20business district. The municipality must provide this boundary
21and address information to the Department on or before April 1
22for administration and enforcement of the tax under this
23subsection by the Department beginning on the following July 1
24and on or before October 1 for administration and enforcement
25of the tax under this subsection by the Department beginning on
26the following January 1. The Department of Revenue shall not

 

 

SB0189- 166 -LRB101 06690 AWJ 51717 b

1administer or enforce any change made to the boundaries of a
2business district or address change, addition, or deletion
3until the municipality reports the boundary change or address
4change, addition, or deletion to the Department in the manner
5prescribed by the Department. The municipality must provide
6this boundary change information or address change, addition,
7or deletion to the Department on or before April 1 for
8administration and enforcement by the Department of the change
9beginning on the following July 1 and on or before October 1
10for administration and enforcement by the Department of the
11change beginning on the following January 1. The retailers in
12the business district shall be responsible for charging the tax
13imposed under this subsection. If a retailer is incorrectly
14included or excluded from the list of those required to collect
15the tax under this subsection, both the Department of Revenue
16and the retailer shall be held harmless if they reasonably
17relied on information provided by the municipality.
18    A municipality that imposes the tax under this subsection
19must submit to the Department of Revenue any other information
20as the Department may require for the administration and
21enforcement of the tax.
22    When certifying the amount of a monthly disbursement to a
23municipality under this subsection, the Department shall
24increase or decrease the amount by an amount necessary to
25offset any misallocation of previous disbursements. The offset
26amount shall be the amount erroneously disbursed within the

 

 

SB0189- 167 -LRB101 06690 AWJ 51717 b

1previous 6 months from the time a misallocation is discovered.
2    Nothing in this subsection shall be construed to authorize
3the municipality to impose a tax upon the privilege of engaging
4in any business which under the Constitution of the United
5States may not be made the subject of taxation by this State.
6    If a tax is imposed under this subsection (b), a tax shall
7also be imposed under subsection (c) of this Section.
8    (c) If a tax has been imposed under subsection (b), a
9Business District Service Occupation Tax shall also be imposed
10upon all persons engaged, in the business district, in the
11business of making sales of service, who, as an incident to
12making those sales of service, transfer tangible personal
13property within the business district, either in the form of
14tangible personal property or in the form of real estate as an
15incident to a sale of service. The tax shall be imposed at the
16same rate as the tax imposed in subsection (b) and shall not
17exceed 1% of the selling price of tangible personal property so
18transferred within the business district, to be imposed only in
190.25% increments. The tax may not be imposed on tangible
20personal property taxed at the 1% rate under the Service
21Occupation Tax Act.
22    The tax imposed under this subsection and all civil
23penalties that may be assessed as an incident thereof shall be
24collected and enforced by the Department of Revenue. The
25certificate of registration which is issued by the Department
26to a retailer under the Retailers' Occupation Tax Act or under

 

 

SB0189- 168 -LRB101 06690 AWJ 51717 b

1the Service Occupation Tax Act shall permit such registrant to
2engage in a business which is taxable under any ordinance or
3resolution enacted pursuant to this subsection without
4registering separately with the Department under such
5ordinance or resolution or under this subsection. The
6Department of Revenue shall have full power to administer and
7enforce this subsection; to collect all taxes and penalties due
8under this subsection; to dispose of taxes and penalties so
9collected in the manner hereinafter provided; and to determine
10all rights to credit memoranda arising on account of the
11erroneous payment of tax or penalty under this subsection. In
12the administration of, and compliance with this subsection, the
13Department and persons who are subject to this subsection shall
14have the same rights, remedies, privileges, immunities, powers
15and duties, and be subject to the same conditions,
16restrictions, limitations, penalties, exclusions, exemptions,
17and definitions of terms and employ the same modes of procedure
18as are prescribed in Sections 2, 2a through 2d, 3 through 3-50
19(in respect to all provisions therein other than the State rate
20of tax), 4 (except that the reference to the State shall be to
21the business district), 5, 7, 8 (except that the jurisdiction
22to which the tax shall be a debt to the extent indicated in
23that Section 8 shall be the municipality), 9 (except as to the
24disposition of taxes and penalties collected, and except that
25the returned merchandise credit for this tax may not be taken
26against any State tax), 10, 11, 12 (except the reference

 

 

SB0189- 169 -LRB101 06690 AWJ 51717 b

1therein to Section 2b of the Retailers' Occupation Tax Act), 13
2(except that any reference to the State shall mean the
3municipality), the first paragraph of Section 15, and Sections
416, 17, 18, 19 and 20 of the Service Occupation Tax Act and all
5provisions of the Uniform Penalty and Interest Act, as fully as
6if those provisions were set forth herein.
7    Persons subject to any tax imposed under the authority
8granted in this subsection may reimburse themselves for their
9serviceman's tax liability hereunder by separately stating the
10tax as an additional charge, which charge may be stated in
11combination, in a single amount, with State tax that servicemen
12are authorized to collect under the Service Use Tax Act, in
13accordance with such bracket schedules as the Department may
14prescribe.
15    Whenever the Department determines that a refund should be
16made under this subsection to a claimant instead of issuing
17credit memorandum, the Department shall notify the State
18Comptroller, who shall cause the order to be drawn for the
19amount specified, and to the person named, in such notification
20from the Department. Such refund shall be paid by the State
21Treasurer out of the business district retailers' occupation
22tax fund.
23    The Department shall forthwith pay over to the State
24Treasurer, ex-officio, as trustee, all taxes, penalties, and
25interest collected under this subsection for deposit into the
26business district retailers' occupation tax fund.

 

 

SB0189- 170 -LRB101 06690 AWJ 51717 b

1    As soon as possible after the first day of each month,
2beginning January 1, 2011, upon certification of the Department
3of Revenue, the Comptroller shall order transferred, and the
4Treasurer shall transfer, to the STAR Bonds Revenue Fund the
5local sales tax increment, as defined in the Innovation
6Development and Economy Act, collected under this subsection
7during the second preceding calendar month for sales within a
8STAR bond district.
9    After the monthly transfer to the STAR Bonds Revenue Fund,
10on or before the 25th day of each calendar month, the
11Department shall prepare and certify to the Comptroller the
12disbursement of stated sums of money to named municipalities
13from the business district retailers' occupation tax fund, the
14municipalities to be those from which suppliers and servicemen
15have paid taxes or penalties under this subsection to the
16Department during the second preceding calendar month. The
17amount to be paid to each municipality shall be the amount (not
18including credit memoranda) collected under this subsection
19during the second preceding calendar month by the Department,
20less 2% of that amount, which shall be deposited into the Tax
21Compliance and Administration Fund and shall be used by the
22Department, subject to appropriation, to cover the costs of the
23Department in administering and enforcing the provisions of
24this subsection, and not including an amount equal to the
25amount of refunds made during the second preceding calendar
26month by the Department on behalf of such municipality, and not

 

 

SB0189- 171 -LRB101 06690 AWJ 51717 b

1including any amounts that are transferred to the STAR Bonds
2Revenue Fund. Within 10 days after receipt, by the Comptroller,
3of the disbursement certification to the municipalities,
4provided for in this subsection to be given to the Comptroller
5by the Department, the Comptroller shall cause the orders to be
6drawn for the respective amounts in accordance with the
7directions contained in such certification. The proceeds of the
8tax paid to municipalities under this subsection shall be
9deposited into the Business District Tax Allocation Fund by the
10municipality.
11    An ordinance imposing or discontinuing the tax under this
12subsection or effecting a change in the rate thereof shall
13either (i) be adopted and a certified copy thereof filed with
14the Department on or before the first day of April, whereupon
15the Department, if all other requirements of this subsection
16are met, shall proceed to administer and enforce this
17subsection as of the first day of July next following the
18adoption and filing; or (ii) be adopted and a certified copy
19thereof filed with the Department on or before the first day of
20October, whereupon, if all other conditions of this subsection
21are met, the Department shall proceed to administer and enforce
22this subsection as of the first day of January next following
23the adoption and filing.
24    The Department of Revenue shall not administer or enforce
25an ordinance imposing, discontinuing, or changing the rate of
26the tax under this subsection, until the municipality also

 

 

SB0189- 172 -LRB101 06690 AWJ 51717 b

1provides, in the manner prescribed by the Department, the
2boundaries of the business district in such a way that the
3Department can determine by its address whether a business is
4located in the business district. The municipality must provide
5this boundary and address information to the Department on or
6before April 1 for administration and enforcement of the tax
7under this subsection by the Department beginning on the
8following July 1 and on or before October 1 for administration
9and enforcement of the tax under this subsection by the
10Department beginning on the following January 1. The Department
11of Revenue shall not administer or enforce any change made to
12the boundaries of a business district or address change,
13addition, or deletion until the municipality reports the
14boundary change or address change, addition, or deletion to the
15Department in the manner prescribed by the Department. The
16municipality must provide this boundary change information or
17address change, addition, or deletion to the Department on or
18before April 1 for administration and enforcement by the
19Department of the change beginning on the following July 1 and
20on or before October 1 for administration and enforcement by
21the Department of the change beginning on the following January
221. The retailers in the business district shall be responsible
23for charging the tax imposed under this subsection. If a
24retailer is incorrectly included or excluded from the list of
25those required to collect the tax under this subsection, both
26the Department of Revenue and the retailer shall be held

 

 

SB0189- 173 -LRB101 06690 AWJ 51717 b

1harmless if they reasonably relied on information provided by
2the municipality.
3    A municipality that imposes the tax under this subsection
4must submit to the Department of Revenue any other information
5as the Department may require for the administration and
6enforcement of the tax.
7    Nothing in this subsection shall be construed to authorize
8the municipality to impose a tax upon the privilege of engaging
9in any business which under the Constitution of the United
10States may not be made the subject of taxation by the State.
11    If a tax is imposed under this subsection (c), a tax shall
12also be imposed under subsection (b) of this Section.
13    (d) By ordinance, a municipality that has designated a
14business district under this Law may impose an occupation tax
15upon all persons engaged in the business district in the
16business of renting, leasing, or letting rooms in a hotel, as
17defined in the Hotel Operators' Occupation Tax Act, at a rate
18not to exceed 1% of the gross rental receipts from the renting,
19leasing, or letting of hotel rooms within the business
20district, to be imposed only in 0.25% increments, excluding,
21however, from gross rental receipts the proceeds of renting,
22leasing, or letting to permanent residents of a hotel, as
23defined in the Hotel Operators' Occupation Tax Act, and
24proceeds from the tax imposed under subsection (c) of Section
2513 of the Metropolitan Pier and Exposition Authority Act.
26    The tax imposed by the municipality under this subsection

 

 

SB0189- 174 -LRB101 06690 AWJ 51717 b

1and all civil penalties that may be assessed as an incident to
2that tax shall be collected and enforced by the municipality
3imposing the tax. The municipality shall have full power to
4administer and enforce this subsection, to collect all taxes
5and penalties due under this subsection, to dispose of taxes
6and penalties so collected in the manner provided in this
7subsection, and to determine all rights to credit memoranda
8arising on account of the erroneous payment of tax or penalty
9under this subsection. In the administration of and compliance
10with this subsection, the municipality and persons who are
11subject to this subsection shall have the same rights,
12remedies, privileges, immunities, powers, and duties, shall be
13subject to the same conditions, restrictions, limitations,
14penalties, and definitions of terms, and shall employ the same
15modes of procedure as are employed with respect to a tax
16adopted by the municipality under Section 8-3-14 of this Code.
17    Persons subject to any tax imposed under the authority
18granted in this subsection may reimburse themselves for their
19tax liability for that tax by separately stating that tax as an
20additional charge, which charge may be stated in combination,
21in a single amount, with State taxes imposed under the Hotel
22Operators' Occupation Tax Act, and with any other tax.
23    Nothing in this subsection shall be construed to authorize
24a municipality to impose a tax upon the privilege of engaging
25in any business which under the Constitution of the United
26States may not be made the subject of taxation by this State.

 

 

SB0189- 175 -LRB101 06690 AWJ 51717 b

1    The proceeds of the tax imposed under this subsection shall
2be deposited into the Business District Tax Allocation Fund.
3    (e) Obligations secured by the Business District Tax
4Allocation Fund may be issued to provide for the payment or
5reimbursement of business district project costs. Those
6obligations, when so issued, shall be retired in the manner
7provided in the ordinance authorizing the issuance of those
8obligations by the receipts of taxes imposed pursuant to
9subsections (10) and (11) of Section 11-74.3-3 and by other
10revenue designated or pledged by the municipality. A
11municipality may in the ordinance pledge, for any period of
12time up to and including the dissolution date, all or any part
13of the funds in and to be deposited in the Business District
14Tax Allocation Fund to the payment of business district project
15costs and obligations. Whenever a municipality pledges all of
16the funds to the credit of a business district tax allocation
17fund to secure obligations issued or to be issued to pay or
18reimburse business district project costs, the municipality
19may specifically provide that funds remaining to the credit of
20such business district tax allocation fund after the payment of
21such obligations shall be accounted for annually and shall be
22deemed to be "surplus" funds, and such "surplus" funds shall be
23expended by the municipality for any business district project
24cost as approved in the business district plan. Whenever a
25municipality pledges less than all of the monies to the credit
26of a business district tax allocation fund to secure

 

 

SB0189- 176 -LRB101 06690 AWJ 51717 b

1obligations issued or to be issued to pay or reimburse business
2district project costs, the municipality shall provide that
3monies to the credit of the business district tax allocation
4fund and not subject to such pledge or otherwise encumbered or
5required for payment of contractual obligations for specific
6business district project costs shall be calculated annually
7and shall be deemed to be "surplus" funds, and such "surplus"
8funds shall be expended by the municipality for any business
9district project cost as approved in the business district
10plan.
11    No obligation issued pursuant to this Law and secured by a
12pledge of all or any portion of any revenues received or to be
13received by the municipality from the imposition of taxes
14pursuant to subsection (10) of Section 11-74.3-3, shall be
15deemed to constitute an economic incentive agreement under
16Section 8-11-20, notwithstanding the fact that such pledge
17provides for the sharing, rebate, or payment of retailers'
18occupation taxes or service occupation taxes imposed pursuant
19to subsection (10) of Section 11-74.3-3 and received or to be
20received by the municipality from the development or
21redevelopment of properties in the business district.
22    Without limiting the foregoing in this Section, the
23municipality may further secure obligations secured by the
24business district tax allocation fund with a pledge, for a
25period not greater than the term of the obligations and in any
26case not longer than the dissolution date, of any part or any

 

 

SB0189- 177 -LRB101 06690 AWJ 51717 b

1combination of the following: (i) net revenues of all or part
2of any business district project; (ii) taxes levied or imposed
3by the municipality on any or all property in the municipality,
4including, specifically, taxes levied or imposed by the
5municipality in a special service area pursuant to the Special
6Service Area Tax Law; (iii) the full faith and credit of the
7municipality; (iv) a mortgage on part or all of the business
8district project; or (v) any other taxes or anticipated
9receipts that the municipality may lawfully pledge.
10    Such obligations may be issued in one or more series, bear
11such date or dates, become due at such time or times as therein
12provided, but in any case not later than (i) 20 years after the
13date of issue or (ii) the dissolution date, whichever is
14earlier, bear interest payable at such intervals and at such
15rate or rates as set forth therein, except as may be limited by
16applicable law, which rate or rates may be fixed or variable,
17be in such denominations, be in such form, either coupon,
18registered, or book-entry, carry such conversion, registration
19and exchange privileges, be subject to defeasance upon such
20terms, have such rank or priority, be executed in such manner,
21be payable in such medium or payment at such place or places
22within or without the State, make provision for a corporate
23trustee within or without the State with respect to such
24obligations, prescribe the rights, powers, and duties thereof
25to be exercised for the benefit of the municipality and the
26benefit of the owners of such obligations, provide for the

 

 

SB0189- 178 -LRB101 06690 AWJ 51717 b

1holding in trust, investment, and use of moneys, funds, and
2accounts held under an ordinance, provide for assignment of and
3direct payment of the moneys to pay such obligations or to be
4deposited into such funds or accounts directly to such trustee,
5be subject to such terms of redemption with or without premium,
6and be sold at such price, all as the corporate authorities
7shall determine. No referendum approval of the electors shall
8be required as a condition to the issuance of obligations
9pursuant to this Law except as provided in this Section.
10    In the event the municipality authorizes the issuance of
11obligations pursuant to the authority of this Law secured by
12the full faith and credit of the municipality, or pledges ad
13valorem taxes pursuant to this subsection, which obligations
14are other than obligations which may be issued under home rule
15powers provided by Section 6 of Article VII of the Illinois
16Constitution or which ad valorem taxes are other than ad
17valorem taxes which may be pledged under home rule powers
18provided by Section 6 of Article VII of the Illinois
19Constitution or which are levied in a special service area
20pursuant to the Special Service Area Tax Law, the ordinance
21authorizing the issuance of those obligations or pledging those
22taxes shall be published within 10 days after the ordinance has
23been adopted, in a newspaper having a general circulation
24within the municipality or on the municipality's website. The
25publication of the ordinance shall be accompanied by a notice
26of (i) the specific number of voters required to sign a

 

 

SB0189- 179 -LRB101 06690 AWJ 51717 b

1petition requesting the question of the issuance of the
2obligations or pledging such ad valorem taxes to be submitted
3to the electors; (ii) the time within which the petition must
4be filed; and (iii) the date of the prospective referendum. The
5municipal clerk shall provide a petition form to any individual
6requesting one.
7    If no petition is filed with the municipal clerk, as
8hereinafter provided in this Section, within 21 days after the
9publication of the ordinance, the ordinance shall be in effect.
10However, if within that 21-day period a petition is filed with
11the municipal clerk, signed by electors numbering not less than
1215% of the number of electors voting for the mayor or president
13at the last general municipal election, asking that the
14question of issuing obligations using full faith and credit of
15the municipality as security for the cost of paying or
16reimbursing business district project costs, or of pledging
17such ad valorem taxes for the payment of those obligations, or
18both, be submitted to the electors of the municipality, the
19municipality shall not be authorized to issue obligations of
20the municipality using the full faith and credit of the
21municipality as security or pledging such ad valorem taxes for
22the payment of those obligations, or both, until the
23proposition has been submitted to and approved by a majority of
24the voters voting on the proposition at a regularly scheduled
25election. The municipality shall certify the proposition to the
26proper election authorities for submission in accordance with

 

 

SB0189- 180 -LRB101 06690 AWJ 51717 b

1the general election law.
2    The ordinance authorizing the obligations may provide that
3the obligations shall contain a recital that they are issued
4pursuant to this Law, which recital shall be conclusive
5evidence of their validity and of the regularity of their
6issuance.
7    In the event the municipality authorizes issuance of
8obligations pursuant to this Law secured by the full faith and
9credit of the municipality, the ordinance authorizing the
10obligations may provide for the levy and collection of a direct
11annual tax upon all taxable property within the municipality
12sufficient to pay the principal thereof and interest thereon as
13it matures, which levy may be in addition to and exclusive of
14the maximum of all other taxes authorized to be levied by the
15municipality, which levy, however, shall be abated to the
16extent that monies from other sources are available for payment
17of the obligations and the municipality certifies the amount of
18those monies available to the county clerk.
19    A certified copy of the ordinance shall be filed with the
20county clerk of each county in which any portion of the
21municipality is situated, and shall constitute the authority
22for the extension and collection of the taxes to be deposited
23in the business district tax allocation fund.
24    A municipality may also issue its obligations to refund, in
25whole or in part, obligations theretofore issued by the
26municipality under the authority of this Law, whether at or

 

 

SB0189- 181 -LRB101 06690 AWJ 51717 b

1prior to maturity. However, the last maturity of the refunding
2obligations shall not be expressed to mature later than the
3dissolution date.
4    In the event a municipality issues obligations under home
5rule powers or other legislative authority, the proceeds of
6which are pledged to pay or reimburse business district project
7costs, the municipality may, if it has followed the procedures
8in conformance with this Law, retire those obligations from
9funds in the business district tax allocation fund in amounts
10and in such manner as if those obligations had been issued
11pursuant to the provisions of this Law.
12    No obligations issued pursuant to this Law shall be
13regarded as indebtedness of the municipality issuing those
14obligations or any other taxing district for the purpose of any
15limitation imposed by law.
16    Obligations issued pursuant to this Law shall not be
17subject to the provisions of the Bond Authorization Act.
18    (f) When business district project costs, including,
19without limitation, all obligations paying or reimbursing
20business district project costs have been paid, any surplus
21funds then remaining in the Business District Tax Allocation
22Fund shall be distributed to the municipal treasurer for
23deposit into the general corporate fund of the municipality.
24Upon payment of all business district project costs and
25retirement of all obligations paying or reimbursing business
26district project costs, but in no event more than 23 years

 

 

SB0189- 182 -LRB101 06690 AWJ 51717 b

1after the date of adoption of the ordinance imposing taxes
2pursuant to subsection (10) or (11) of Section 11-74.3-3, the
3municipality shall adopt an ordinance immediately rescinding
4the taxes imposed pursuant to subsection (10) or (11) of
5Section 11-74.3-3.
6(Source: P.A. 99-143, eff. 7-27-15; 100-1171, eff. 1-4-19.)
 
7    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
8    Sec. 11-74.4-5. Public hearing; joint review board.
9    (a) The changes made by this amendatory Act of the 91st
10General Assembly do not apply to a municipality that, (i)
11before the effective date of this amendatory Act of the 91st
12General Assembly, has adopted an ordinance or resolution fixing
13a time and place for a public hearing under this Section or
14(ii) before July 1, 1999, has adopted an ordinance or
15resolution providing for a feasibility study under Section
1611-74.4-4.1, but has not yet adopted an ordinance approving
17redevelopment plans and redevelopment projects or designating
18redevelopment project areas under Section 11-74.4-4, until
19after that municipality adopts an ordinance approving
20redevelopment plans and redevelopment projects or designating
21redevelopment project areas under Section 11-74.4-4;
22thereafter the changes made by this amendatory Act of the 91st
23General Assembly apply to the same extent that they apply to
24redevelopment plans and redevelopment projects that were
25approved and redevelopment projects that were designated

 

 

SB0189- 183 -LRB101 06690 AWJ 51717 b

1before the effective date of this amendatory Act of the 91st
2General Assembly.
3    Prior to the adoption of an ordinance proposing the
4designation of a redevelopment project area, or approving a
5redevelopment plan or redevelopment project, the municipality
6by its corporate authorities, or as it may determine by any
7commission designated under subsection (k) of Section
811-74.4-4 shall adopt an ordinance or resolution fixing a time
9and place for public hearing. At least 10 days prior to the
10adoption of the ordinance or resolution establishing the time
11and place for the public hearing, the municipality shall make
12available for public inspection a redevelopment plan or a
13separate report that provides in reasonable detail the basis
14for the eligibility of the redevelopment project area. The
15report along with the name of a person to contact for further
16information shall be sent within a reasonable time after the
17adoption of such ordinance or resolution to the affected taxing
18districts by certified mail. The On and after the effective
19date of this amendatory Act of the 91st General Assembly, the
20municipality shall print in a newspaper of general circulation
21within the municipality or on the municipality's website a
22notice that interested persons may register with the
23municipality in order to receive information on the proposed
24designation of a redevelopment project area or the approval of
25a redevelopment plan. The notice shall state the place of
26registration and the operating hours of that place. The

 

 

SB0189- 184 -LRB101 06690 AWJ 51717 b

1municipality shall have adopted reasonable rules to implement
2this registration process under Section 11-74.4-4.2. The
3municipality shall provide notice of the availability of the
4redevelopment plan and eligibility report, including how to
5obtain this information, by mail within a reasonable time after
6the adoption of the ordinance or resolution, to all residential
7addresses that, after a good faith effort, the municipality
8determines are located outside the proposed redevelopment
9project area and within 750 feet of the boundaries of the
10proposed redevelopment project area. This requirement is
11subject to the limitation that in a municipality with a
12population of over 100,000, if the total number of residential
13addresses outside the proposed redevelopment project area and
14within 750 feet of the boundaries of the proposed redevelopment
15project area exceeds 750, the municipality shall be required to
16provide the notice to only the 750 residential addresses that,
17after a good faith effort, the municipality determines are
18outside the proposed redevelopment project area and closest to
19the boundaries of the proposed redevelopment project area.
20Notwithstanding the foregoing, notice given after August 7,
212001 (the effective date of Public Act 92-263) and before the
22effective date of this amendatory Act of the 92nd General
23Assembly to residential addresses within 750 feet of the
24boundaries of a proposed redevelopment project area shall be
25deemed to have been sufficiently given in compliance with this
26Act if given only to residents outside the boundaries of the

 

 

SB0189- 185 -LRB101 06690 AWJ 51717 b

1proposed redevelopment project area. The notice shall also be
2provided by the municipality, regardless of its population, to
3those organizations and residents that have registered with the
4municipality for that information in accordance with the
5registration guidelines established by the municipality under
6Section 11-74.4-4.2.
7    At the public hearing any interested person or affected
8taxing district may file with the municipal clerk written
9objections to and may be heard orally in respect to any issues
10embodied in the notice. The municipality shall hear all
11protests and objections at the hearing and the hearing may be
12adjourned to another date without further notice other than a
13motion to be entered upon the minutes fixing the time and place
14of the subsequent hearing. At the public hearing or at any time
15prior to the adoption by the municipality of an ordinance
16approving a redevelopment plan, the municipality may make
17changes in the redevelopment plan. Changes which (1) add
18additional parcels of property to the proposed redevelopment
19project area, (2) substantially affect the general land uses
20proposed in the redevelopment plan, (3) substantially change
21the nature of or extend the life of the redevelopment project,
22or (4) increase the number of inhabited residential units to be
23displaced from the redevelopment project area, as measured from
24the time of creation of the redevelopment project area, to a
25total of more than 10, shall be made only after the
26municipality gives notice, convenes a joint review board, and

 

 

SB0189- 186 -LRB101 06690 AWJ 51717 b

1conducts a public hearing pursuant to the procedures set forth
2in this Section and in Section 11-74.4-6 of this Act. Changes
3which do not (1) add additional parcels of property to the
4proposed redevelopment project area, (2) substantially affect
5the general land uses proposed in the redevelopment plan, (3)
6substantially change the nature of or extend the life of the
7redevelopment project, or (4) increase the number of inhabited
8residential units to be displaced from the redevelopment
9project area, as measured from the time of creation of the
10redevelopment project area, to a total of more than 10, may be
11made without further hearing, provided that the municipality
12shall give notice of any such changes by mail to each affected
13taxing district and registrant on the interested parties
14registry, provided for under Section 11-74.4-4.2, and by
15publication in a newspaper of general circulation within the
16affected taxing district. Such notice by mail and by
17publication shall each occur not later than 10 days following
18the adoption by ordinance of such changes. Hearings with regard
19to a redevelopment project area, project or plan may be held
20simultaneously.
21    (b) Prior to holding a public hearing to approve or amend a
22redevelopment plan or to designate or add additional parcels of
23property to a redevelopment project area, the municipality
24shall convene a joint review board. The board shall consist of
25a representative selected by each community college district,
26local elementary school district and high school district or

 

 

SB0189- 187 -LRB101 06690 AWJ 51717 b

1each local community unit school district, park district,
2library district, township, fire protection district, and
3county that will have the authority to directly levy taxes on
4the property within the proposed redevelopment project area at
5the time that the proposed redevelopment project area is
6approved, a representative selected by the municipality and a
7public member. The public member shall first be selected and
8then the board's chairperson shall be selected by a majority of
9the board members present and voting.
10    For redevelopment project areas with redevelopment plans
11or proposed redevelopment plans that would result in the
12displacement of residents from 10 or more inhabited residential
13units or that include 75 or more inhabited residential units,
14the public member shall be a person who resides in the
15redevelopment project area. If, as determined by the housing
16impact study provided for in paragraph (5) of subsection (n) of
17Section 11-74.4-3, or if no housing impact study is required
18then based on other reasonable data, the majority of
19residential units are occupied by very low, low, or moderate
20income households, as defined in Section 3 of the Illinois
21Affordable Housing Act, the public member shall be a person who
22resides in very low, low, or moderate income housing within the
23redevelopment project area. Municipalities with fewer than
2415,000 residents shall not be required to select a person who
25lives in very low, low, or moderate income housing within the
26redevelopment project area, provided that the redevelopment

 

 

SB0189- 188 -LRB101 06690 AWJ 51717 b

1plan or project will not result in displacement of residents
2from 10 or more inhabited units, and the municipality so
3certifies in the plan. If no person satisfying these
4requirements is available or if no qualified person will serve
5as the public member, then the joint review board is relieved
6of this paragraph's selection requirements for the public
7member.
8    Within 90 days of the effective date of this amendatory Act
9of the 91st General Assembly, each municipality that designated
10a redevelopment project area for which it was not required to
11convene a joint review board under this Section shall convene a
12joint review board to perform the duties specified under
13paragraph (e) of this Section.
14    All board members shall be appointed and the first board
15meeting shall be held at least 14 days but not more than 28
16days after the mailing of notice by the municipality to the
17taxing districts as required by Section 11-74.4-6(c).
18Notwithstanding the preceding sentence, a municipality that
19adopted either a public hearing resolution or a feasibility
20resolution between July 1, 1999 and July 1, 2000 that called
21for the meeting of the joint review board within 14 days of
22notice of public hearing to affected taxing districts is deemed
23to be in compliance with the notice, meeting, and public
24hearing provisions of the Act. Such notice shall also advise
25the taxing bodies represented on the joint review board of the
26time and place of the first meeting of the board. Additional

 

 

SB0189- 189 -LRB101 06690 AWJ 51717 b

1meetings of the board shall be held upon the call of any
2member. The municipality seeking designation of the
3redevelopment project area shall provide administrative
4support to the board.
5    The board shall review (i) the public record, planning
6documents and proposed ordinances approving the redevelopment
7plan and project and (ii) proposed amendments to the
8redevelopment plan or additions of parcels of property to the
9redevelopment project area to be adopted by the municipality.
10As part of its deliberations, the board may hold additional
11hearings on the proposal. A board's recommendation shall be an
12advisory, non-binding recommendation. The recommendation shall
13be adopted by a majority of those members present and voting.
14The recommendations shall be submitted to the municipality
15within 30 days after convening of the board. Failure of the
16board to submit its report on a timely basis shall not be cause
17to delay the public hearing or any other step in the process of
18designating or amending the redevelopment project area but
19shall be deemed to constitute approval by the joint review
20board of the matters before it.
21    The board shall base its recommendation to approve or
22disapprove the redevelopment plan and the designation of the
23redevelopment project area or the amendment of the
24redevelopment plan or addition of parcels of property to the
25redevelopment project area on the basis of the redevelopment
26project area and redevelopment plan satisfying the plan

 

 

SB0189- 190 -LRB101 06690 AWJ 51717 b

1requirements, the eligibility criteria defined in Section
211-74.4-3, and the objectives of this Act.
3    The board shall issue a written report describing why the
4redevelopment plan and project area or the amendment thereof
5meets or fails to meet one or more of the objectives of this
6Act and both the plan requirements and the eligibility criteria
7defined in Section 11-74.4-3. In the event the Board does not
8file a report it shall be presumed that these taxing bodies
9find the redevelopment project area and redevelopment plan
10satisfy the objectives of this Act and the plan requirements
11and eligibility criteria.
12    If the board recommends rejection of the matters before it,
13the municipality will have 30 days within which to resubmit the
14plan or amendment. During this period, the municipality will
15meet and confer with the board and attempt to resolve those
16issues set forth in the board's written report that led to the
17rejection of the plan or amendment.
18    Notwithstanding the resubmission set forth above, the
19municipality may commence the scheduled public hearing and
20either adjourn the public hearing or continue the public
21hearing until a date certain. Prior to continuing any public
22hearing to a date certain, the municipality shall announce
23during the public hearing the time, date, and location for the
24reconvening of the public hearing. Any changes to the
25redevelopment plan necessary to satisfy the issues set forth in
26the joint review board report shall be the subject of a public

 

 

SB0189- 191 -LRB101 06690 AWJ 51717 b

1hearing before the hearing is adjourned if the changes would
2(1) substantially affect the general land uses proposed in the
3redevelopment plan, (2) substantially change the nature of or
4extend the life of the redevelopment project, or (3) increase
5the number of inhabited residential units to be displaced from
6the redevelopment project area, as measured from the time of
7creation of the redevelopment project area, to a total of more
8than 10. Changes to the redevelopment plan necessary to satisfy
9the issues set forth in the joint review board report shall not
10require any further notice or convening of a joint review board
11meeting, except that any changes to the redevelopment plan that
12would add additional parcels of property to the proposed
13redevelopment project area shall be subject to the notice,
14public hearing, and joint review board meeting requirements
15established for such changes by subsection (a) of Section
1611-74.4-5.
17    In the event that the municipality and the board are unable
18to resolve these differences, or in the event that the
19resubmitted plan or amendment is rejected by the board, the
20municipality may proceed with the plan or amendment, but only
21upon a three-fifths vote of the corporate authority responsible
22for approval of the plan or amendment, excluding positions of
23members that are vacant and those members that are ineligible
24to vote because of conflicts of interest.
25    (c) After a municipality has by ordinance approved a
26redevelopment plan and designated a redevelopment project

 

 

SB0189- 192 -LRB101 06690 AWJ 51717 b

1area, the plan may be amended and additional properties may be
2added to the redevelopment project area only as herein
3provided. Amendments which (1) add additional parcels of
4property to the proposed redevelopment project area, (2)
5substantially affect the general land uses proposed in the
6redevelopment plan, (3) substantially change the nature of the
7redevelopment project, (4) increase the total estimated
8redevelopment project costs set out in the redevelopment plan
9by more than 5% after adjustment for inflation from the date
10the plan was adopted, (5) add additional redevelopment project
11costs to the itemized list of redevelopment project costs set
12out in the redevelopment plan, or (6) increase the number of
13inhabited residential units to be displaced from the
14redevelopment project area, as measured from the time of
15creation of the redevelopment project area, to a total of more
16than 10, shall be made only after the municipality gives
17notice, convenes a joint review board, and conducts a public
18hearing pursuant to the procedures set forth in this Section
19and in Section 11-74.4-6 of this Act. Changes which do not (1)
20add additional parcels of property to the proposed
21redevelopment project area, (2) substantially affect the
22general land uses proposed in the redevelopment plan, (3)
23substantially change the nature of the redevelopment project,
24(4) increase the total estimated redevelopment project cost set
25out in the redevelopment plan by more than 5% after adjustment
26for inflation from the date the plan was adopted, (5) add

 

 

SB0189- 193 -LRB101 06690 AWJ 51717 b

1additional redevelopment project costs to the itemized list of
2redevelopment project costs set out in the redevelopment plan,
3or (6) increase the number of inhabited residential units to be
4displaced from the redevelopment project area, as measured from
5the time of creation of the redevelopment project area, to a
6total of more than 10, may be made without further public
7hearing and related notices and procedures including the
8convening of a joint review board as set forth in Section
911-74.4-6 of this Act, provided that the municipality shall
10give notice of any such changes by mail to each affected taxing
11district and registrant on the interested parties registry,
12provided for under Section 11-74.4-4.2, and by publication in a
13newspaper of general circulation within the affected taxing
14district or on the municipality's website. Such notice by mail
15and by publication shall each occur not later than 10 days
16following the adoption by ordinance of such changes.
17    (d) After the effective date of this amendatory Act of the
1891st General Assembly, a municipality shall submit in an
19electronic format the following information for each
20redevelopment project area (i) to the State Comptroller under
21Section 8-8-3.5 of the Illinois Municipal Code, subject to any
22extensions or exemptions provided at the Comptroller's
23discretion under that Section, and (ii) to all taxing districts
24overlapping the redevelopment project area no later than 180
25days after the close of each municipal fiscal year or as soon
26thereafter as the audited financial statements become

 

 

SB0189- 194 -LRB101 06690 AWJ 51717 b

1available and, in any case, shall be submitted before the
2annual meeting of the Joint Review Board to each of the taxing
3districts that overlap the redevelopment project area:
4        (1) Any amendments to the redevelopment plan, the
5    redevelopment project area, or the State Sales Tax
6    Boundary.
7        (1.5) A list of the redevelopment project areas
8    administered by the municipality and, if applicable, the
9    date each redevelopment project area was designated or
10    terminated by the municipality.
11        (2) Audited financial statements of the special tax
12    allocation fund once a cumulative total of $100,000 has
13    been deposited in the fund.
14        (3) Certification of the Chief Executive Officer of the
15    municipality that the municipality has complied with all of
16    the requirements of this Act during the preceding fiscal
17    year.
18        (4) An opinion of legal counsel that the municipality
19    is in compliance with this Act.
20        (5) An analysis of the special tax allocation fund
21    which sets forth:
22            (A) the balance in the special tax allocation fund
23        at the beginning of the fiscal year;
24            (B) all amounts deposited in the special tax
25        allocation fund by source;
26            (C) an itemized list of all expenditures from the

 

 

SB0189- 195 -LRB101 06690 AWJ 51717 b

1        special tax allocation fund by category of permissible
2        redevelopment project cost; and
3            (D) the balance in the special tax allocation fund
4        at the end of the fiscal year including a breakdown of
5        that balance by source and a breakdown of that balance
6        identifying any portion of the balance that is
7        required, pledged, earmarked, or otherwise designated
8        for payment of or securing of obligations and
9        anticipated redevelopment project costs. Any portion
10        of such ending balance that has not been identified or
11        is not identified as being required, pledged,
12        earmarked, or otherwise designated for payment of or
13        securing of obligations or anticipated redevelopment
14        projects costs shall be designated as surplus as set
15        forth in Section 11-74.4-7 hereof.
16        (6) A description of all property purchased by the
17    municipality within the redevelopment project area
18    including:
19            (A) Street address.
20            (B) Approximate size or description of property.
21            (C) Purchase price.
22            (D) Seller of property.
23        (7) A statement setting forth all activities
24    undertaken in furtherance of the objectives of the
25    redevelopment plan, including:
26            (A) Any project implemented in the preceding

 

 

SB0189- 196 -LRB101 06690 AWJ 51717 b

1        fiscal year.
2            (B) A description of the redevelopment activities
3        undertaken.
4            (C) A description of any agreements entered into by
5        the municipality with regard to the disposition or
6        redevelopment of any property within the redevelopment
7        project area or the area within the State Sales Tax
8        Boundary.
9            (D) Additional information on the use of all funds
10        received under this Division and steps taken by the
11        municipality to achieve the objectives of the
12        redevelopment plan.
13            (E) Information regarding contracts that the
14        municipality's tax increment advisors or consultants
15        have entered into with entities or persons that have
16        received, or are receiving, payments financed by tax
17        increment revenues produced by the same redevelopment
18        project area.
19            (F) Any reports submitted to the municipality by
20        the joint review board.
21            (G) A review of public and, to the extent possible,
22        private investment actually undertaken to date after
23        the effective date of this amendatory Act of the 91st
24        General Assembly and estimated to be undertaken during
25        the following year. This review shall, on a
26        project-by-project basis, set forth the estimated

 

 

SB0189- 197 -LRB101 06690 AWJ 51717 b

1        amounts of public and private investment incurred
2        after the effective date of this amendatory Act of the
3        91st General Assembly and provide the ratio of private
4        investment to public investment to the date of the
5        report and as estimated to the completion of the
6        redevelopment project.
7        (8) With regard to any obligations issued by the
8    municipality:
9            (A) copies of any official statements; and
10            (B) an analysis prepared by financial advisor or
11        underwriter setting forth: (i) nature and term of
12        obligation; and (ii) projected debt service including
13        required reserves and debt coverage.
14        (9) For special tax allocation funds that have
15    experienced cumulative deposits of incremental tax
16    revenues of $100,000 or more, a certified audit report
17    reviewing compliance with this Act performed by an
18    independent public accountant certified and licensed by
19    the authority of the State of Illinois. The financial
20    portion of the audit must be conducted in accordance with
21    Standards for Audits of Governmental Organizations,
22    Programs, Activities, and Functions adopted by the
23    Comptroller General of the United States (1981), as
24    amended, or the standards specified by Section 8-8-5 of the
25    Illinois Municipal Auditing Law of the Illinois Municipal
26    Code. The audit report shall contain a letter from the

 

 

SB0189- 198 -LRB101 06690 AWJ 51717 b

1    independent certified public accountant indicating
2    compliance or noncompliance with the requirements of
3    subsection (q) of Section 11-74.4-3. For redevelopment
4    plans or projects that would result in the displacement of
5    residents from 10 or more inhabited residential units or
6    that contain 75 or more inhabited residential units, notice
7    of the availability of the information, including how to
8    obtain the report, required in this subsection shall also
9    be sent by mail to all residents or organizations that
10    operate in the municipality that register with the
11    municipality for that information according to
12    registration procedures adopted under Section 11-74.4-4.2.
13    All municipalities are subject to this provision.
14        (10) A list of all intergovernmental agreements in
15    effect during the fiscal year to which the municipality is
16    a party and an accounting of any moneys transferred or
17    received by the municipality during that fiscal year
18    pursuant to those intergovernmental agreements.
19    (d-1) Prior to the effective date of this amendatory Act of
20the 91st General Assembly, municipalities with populations of
21over 1,000,000 shall, after adoption of a redevelopment plan or
22project, make available upon request to any taxing district in
23which the redevelopment project area is located the following
24information:
25        (1) Any amendments to the redevelopment plan, the
26    redevelopment project area, or the State Sales Tax

 

 

SB0189- 199 -LRB101 06690 AWJ 51717 b

1    Boundary; and
2        (2) In connection with any redevelopment project area
3    for which the municipality has outstanding obligations
4    issued to provide for redevelopment project costs pursuant
5    to Section 11-74.4-7, audited financial statements of the
6    special tax allocation fund.
7    (e) The joint review board shall meet annually 180 days
8after the close of the municipal fiscal year or as soon as the
9redevelopment project audit for that fiscal year becomes
10available to review the effectiveness and status of the
11redevelopment project area up to that date.
12    (f) (Blank).
13    (g) In the event that a municipality has held a public
14hearing under this Section prior to March 14, 1994 (the
15effective date of Public Act 88-537), the requirements imposed
16by Public Act 88-537 relating to the method of fixing the time
17and place for public hearing, the materials and information
18required to be made available for public inspection, and the
19information required to be sent after adoption of an ordinance
20or resolution fixing a time and place for public hearing shall
21not be applicable.
22    (h) On and after the effective date of this amendatory Act
23of the 96th General Assembly, the State Comptroller must post
24on the State Comptroller's official website the information
25submitted by a municipality pursuant to subsection (d) of this
26Section. The information must be posted no later than 45 days

 

 

SB0189- 200 -LRB101 06690 AWJ 51717 b

1after the State Comptroller receives the information from the
2municipality. The State Comptroller must also post a list of
3the municipalities not in compliance with the reporting
4requirements set forth in subsection (d) of this Section.
5    (i) No later than 10 years after the corporate authorities
6of a municipality adopt an ordinance to establish a
7redevelopment project area, the municipality must compile a
8status report concerning the redevelopment project area. The
9status report must detail without limitation the following: (i)
10the amount of revenue generated within the redevelopment
11project area, (ii) any expenditures made by the municipality
12for the redevelopment project area including without
13limitation expenditures from the special tax allocation fund,
14(iii) the status of planned activities, goals, and objectives
15set forth in the redevelopment plan including details on new or
16planned construction within the redevelopment project area,
17(iv) the amount of private and public investment within the
18redevelopment project area, and (v) any other relevant
19evaluation or performance data. Within 30 days after the
20municipality compiles the status report, the municipality must
21hold at least one public hearing concerning the report. The
22municipality must provide 20 days' public notice of the
23hearing. The public notice may be published on the
24municipality's website.
25    (j) Beginning in fiscal year 2011 and in each fiscal year
26thereafter, a municipality must detail in its annual budget (i)

 

 

SB0189- 201 -LRB101 06690 AWJ 51717 b

1the revenues generated from redevelopment project areas by
2source and (ii) the expenditures made by the municipality for
3redevelopment project areas.
4(Source: P.A. 98-922, eff. 8-15-14.)
 
5    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
6    Sec. 11-74.4-6. (a) Except as provided herein, notice of
7the public hearing shall be given by publication and mailing;
8provided, however, that no notice by mailing shall be required
9under this subsection (a) with respect to any redevelopment
10project area located within a transit facility improvement area
11established pursuant to Section 11-74.4-3.3. Notice by
12publication shall be given by publication at least twice, the
13first publication to be not more than 30 nor less than 10 days
14prior to the hearing in a newspaper of general circulation
15within the taxing districts having property in the proposed
16redevelopment project area or on the municipality's website.
17Notice by mailing shall be given by depositing such notice in
18the United States mails by certified mail addressed to the
19person or persons in whose name the general taxes for the last
20preceding year were paid on each lot, block, tract, or parcel
21of land lying within the project redevelopment area. Said
22notice shall be mailed not less than 10 days prior to the date
23set for the public hearing. In the event taxes for the last
24preceding year were not paid, the notice shall also be sent to
25the persons last listed on the tax rolls within the preceding 3

 

 

SB0189- 202 -LRB101 06690 AWJ 51717 b

1years as the owners of such property. For redevelopment project
2areas with redevelopment plans or proposed redevelopment plans
3that would require removal of 10 or more inhabited residential
4units or that contain 75 or more inhabited residential units,
5the municipality shall make a good faith effort to notify by
6mail all residents of the redevelopment project area. At a
7minimum, the municipality shall mail a notice to each
8residential address located within the redevelopment project
9area. The municipality shall endeavor to ensure that all such
10notices are effectively communicated and shall include (in
11addition to notice in English) notice in the predominant
12language other than English when appropriate.
13    (b) The notices issued pursuant to this Section shall
14include the following:
15        (1) The time and place of public hearing.
16        (2) The boundaries of the proposed redevelopment
17    project area by legal description and by street location
18    where possible.
19        (3) A notification that all interested persons will be
20    given an opportunity to be heard at the public hearing.
21        (4) A description of the redevelopment plan or
22    redevelopment project for the proposed redevelopment
23    project area if a plan or project is the subject matter of
24    the hearing.
25        (5) Such other matters as the municipality may deem
26    appropriate.

 

 

SB0189- 203 -LRB101 06690 AWJ 51717 b

1    (c) Not less than 45 days prior to the date set for
2hearing, the municipality shall give notice by mail as provided
3in subsection (a) to all taxing districts of which taxable
4property is included in the redevelopment project area, project
5or plan and to the Department of Commerce and Economic
6Opportunity, and in addition to the other requirements under
7subsection (b) the notice shall include an invitation to the
8Department of Commerce and Economic Opportunity and each taxing
9district to submit comments to the municipality concerning the
10subject matter of the hearing prior to the date of hearing.
11    (d) In the event that any municipality has by ordinance
12adopted tax increment financing prior to 1987, and has complied
13with the notice requirements of this Section, except that the
14notice has not included the requirements of subsection (b),
15paragraphs (2), (3) and (4), and within 90 days of December 16,
161991 (the effective date of Public Act 87-813), that
17municipality passes an ordinance which contains findings that:
18(1) all taxing districts prior to the time of the hearing
19required by Section 11-74.4-5 were furnished with copies of a
20map incorporated into the redevelopment plan and project
21substantially showing the legal boundaries of the
22redevelopment project area; (2) the redevelopment plan and
23project, or a draft thereof, contained a map substantially
24showing the legal boundaries of the redevelopment project area
25and was available to the public at the time of the hearing; and
26(3) since the adoption of any form of tax increment financing

 

 

SB0189- 204 -LRB101 06690 AWJ 51717 b

1authorized by this Act, and prior to June 1, 1991, no objection
2or challenge has been made in writing to the municipality in
3respect to the notices required by this Section, then the
4municipality shall be deemed to have met the notice
5requirements of this Act and all actions of the municipality
6taken in connection with such notices as were given are hereby
7validated and hereby declared to be legally sufficient for all
8purposes of this Act.
9    (e) If a municipality desires to propose a redevelopment
10plan for a redevelopment project area that would result in the
11displacement of residents from 10 or more inhabited residential
12units or for a redevelopment project area that contains 75 or
13more inhabited residential units, the municipality shall hold a
14public meeting before the mailing of the notices of public
15hearing as provided in subsection (c) of this Section. However,
16such a meeting shall be required for any redevelopment plan for
17a redevelopment project area located within a transit facility
18improvement area established pursuant to Section 11-74.4-3.3
19if the applicable project is subject to the process for
20evaluation of environmental effects under the National
21Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The
22meeting shall be for the purpose of enabling the municipality
23to advise the public, taxing districts having real property in
24the redevelopment project area, taxpayers who own property in
25the proposed redevelopment project area, and residents in the
26area as to the municipality's possible intent to prepare a

 

 

SB0189- 205 -LRB101 06690 AWJ 51717 b

1redevelopment plan and designate a redevelopment project area
2and to receive public comment. The time and place for the
3meeting shall be set by the head of the municipality's
4Department of Planning or other department official designated
5by the mayor or city or village manager without the necessity
6of a resolution or ordinance of the municipality and may be
7held by a member of the staff of the Department of Planning of
8the municipality or by any other person, body, or commission
9designated by the corporate authorities. The meeting shall be
10held at least 14 business days before the mailing of the notice
11of public hearing provided for in subsection (c) of this
12Section.
13    Notice of the public meeting shall be given by mail. Notice
14by mail shall be not less than 15 days before the date of the
15meeting and shall be sent by certified mail to all taxing
16districts having real property in the proposed redevelopment
17project area and to all entities requesting that information
18that have registered with a person and department designated by
19the municipality in accordance with registration guidelines
20established by the municipality pursuant to Section
2111-74.4-4.2. The municipality shall make a good faith effort to
22notify all residents and the last known persons who paid
23property taxes on real estate in a redevelopment project area.
24This requirement shall be deemed to be satisfied if the
25municipality mails, by regular mail, a notice to each
26residential address and the person or persons in whose name

 

 

SB0189- 206 -LRB101 06690 AWJ 51717 b

1property taxes were paid on real property for the last
2preceding year located within the redevelopment project area.
3Notice shall be in languages other than English when
4appropriate. The notices issued under this subsection shall
5include the following:
6        (1) The time and place of the meeting.
7        (2) The boundaries of the area to be studied for
8    possible designation as a redevelopment project area by
9    street and location.
10        (3) The purpose or purposes of establishing a
11    redevelopment project area.
12        (4) A brief description of tax increment financing.
13        (5) The name, telephone number, and address of the
14    person who can be contacted for additional information
15    about the proposed redevelopment project area and who
16    should receive all comments and suggestions regarding the
17    development of the area to be studied.
18        (6) Notification that all interested persons will be
19    given an opportunity to be heard at the public meeting.
20        (7) Such other matters as the municipality deems
21    appropriate.
22    At the public meeting, any interested person or
23representative of an affected taxing district may be heard
24orally and may file, with the person conducting the meeting,
25statements that pertain to the subject matter of the meeting.
26(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
 

 

 

SB0189- 207 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
2    Sec. 11-74.4-7. Obligations secured by the special tax
3allocation fund set forth in Section 11-74.4-8 for the
4redevelopment project area may be issued to provide for
5redevelopment project costs. Such obligations, when so issued,
6shall be retired in the manner provided in the ordinance
7authorizing the issuance of such obligations by the receipts of
8taxes levied as specified in Section 11-74.4-9 against the
9taxable property included in the area, by revenues as specified
10by Section 11-74.4-8a and other revenue designated by the
11municipality. A municipality may in the ordinance pledge all or
12any part of the funds in and to be deposited in the special tax
13allocation fund created pursuant to Section 11-74.4-8 to the
14payment of the redevelopment project costs and obligations. Any
15pledge of funds in the special tax allocation fund shall
16provide for distribution to the taxing districts and to the
17Illinois Department of Revenue of moneys not required, pledged,
18earmarked, or otherwise designated for payment and securing of
19the obligations and anticipated redevelopment project costs
20and such excess funds shall be calculated annually and deemed
21to be "surplus" funds. In the event a municipality only applies
22or pledges a portion of the funds in the special tax allocation
23fund for the payment or securing of anticipated redevelopment
24project costs or of obligations, any such funds remaining in
25the special tax allocation fund after complying with the

 

 

SB0189- 208 -LRB101 06690 AWJ 51717 b

1requirements of the application or pledge, shall also be
2calculated annually and deemed "surplus" funds. All surplus
3funds in the special tax allocation fund shall be distributed
4annually within 180 days after the close of the municipality's
5fiscal year by being paid by the municipal treasurer to the
6County Collector, to the Department of Revenue and to the
7municipality in direct proportion to the tax incremental
8revenue received as a result of an increase in the equalized
9assessed value of property in the redevelopment project area,
10tax incremental revenue received from the State and tax
11incremental revenue received from the municipality, but not to
12exceed as to each such source the total incremental revenue
13received from that source. The County Collector shall
14thereafter make distribution to the respective taxing
15districts in the same manner and proportion as the most recent
16distribution by the county collector to the affected districts
17of real property taxes from real property in the redevelopment
18project area.
19    Without limiting the foregoing in this Section, the
20municipality may in addition to obligations secured by the
21special tax allocation fund pledge for a period not greater
22than the term of the obligations towards payment of such
23obligations any part or any combination of the following: (a)
24net revenues of all or part of any redevelopment project; (b)
25taxes levied and collected on any or all property in the
26municipality; (c) the full faith and credit of the

 

 

SB0189- 209 -LRB101 06690 AWJ 51717 b

1municipality; (d) a mortgage on part or all of the
2redevelopment project; (d-5) repayment of bonds issued
3pursuant to subsection (p-130) of Section 19-1 of the School
4Code; or (e) any other taxes or anticipated receipts that the
5municipality may lawfully pledge.
6    Such obligations may be issued in one or more series
7bearing interest at such rate or rates as the corporate
8authorities of the municipality shall determine by ordinance.
9Such obligations shall bear such date or dates, mature at such
10time or times not exceeding 20 years from their respective
11dates, be in such denomination, carry such registration
12privileges, be executed in such manner, be payable in such
13medium of payment at such place or places, contain such
14covenants, terms and conditions, and be subject to redemption
15as such ordinance shall provide. Obligations issued pursuant to
16this Act may be sold at public or private sale at such price as
17shall be determined by the corporate authorities of the
18municipalities. No referendum approval of the electors shall be
19required as a condition to the issuance of obligations pursuant
20to this Division except as provided in this Section.
21    In the event the municipality authorizes issuance of
22obligations pursuant to the authority of this Division secured
23by the full faith and credit of the municipality, which
24obligations are other than obligations which may be issued
25under home rule powers provided by Article VII, Section 6 of
26the Illinois Constitution, or pledges taxes pursuant to (b) or

 

 

SB0189- 210 -LRB101 06690 AWJ 51717 b

1(c) of the second paragraph of this section, the ordinance
2authorizing the issuance of such obligations or pledging such
3taxes shall be published within 10 days after such ordinance
4has been passed in one or more newspapers, with general
5circulation within such municipality, or on the municipality's
6website. The publication of the ordinance shall be accompanied
7by a notice of (1) the specific number of voters required to
8sign a petition requesting the question of the issuance of such
9obligations or pledging taxes to be submitted to the electors;
10(2) the time in which such petition must be filed; and (3) the
11date of the prospective referendum. The municipal clerk shall
12provide a petition form to any individual requesting one.
13    If no petition is filed with the municipal clerk, as
14hereinafter provided in this Section, within 30 days after the
15publication of the ordinance, the ordinance shall be in effect.
16But, if within that 30 day period a petition is filed with the
17municipal clerk, signed by electors in the municipality
18numbering 10% or more of the number of registered voters in the
19municipality, asking that the question of issuing obligations
20using full faith and credit of the municipality as security for
21the cost of paying for redevelopment project costs, or of
22pledging taxes for the payment of such obligations, or both, be
23submitted to the electors of the municipality, the corporate
24authorities of the municipality shall call a special election
25in the manner provided by law to vote upon that question, or,
26if a general, State or municipal election is to be held within

 

 

SB0189- 211 -LRB101 06690 AWJ 51717 b

1a period of not less than 30 or more than 90 days from the date
2such petition is filed, shall submit the question at the next
3general, State or municipal election. If it appears upon the
4canvass of the election by the corporate authorities that a
5majority of electors voting upon the question voted in favor
6thereof, the ordinance shall be in effect, but if a majority of
7the electors voting upon the question are not in favor thereof,
8the ordinance shall not take effect.
9    The ordinance authorizing the obligations may provide that
10the obligations shall contain a recital that they are issued
11pursuant to this Division, which recital shall be conclusive
12evidence of their validity and of the regularity of their
13issuance.
14    In the event the municipality authorizes issuance of
15obligations pursuant to this Section secured by the full faith
16and credit of the municipality, the ordinance authorizing the
17obligations may provide for the levy and collection of a direct
18annual tax upon all taxable property within the municipality
19sufficient to pay the principal thereof and interest thereon as
20it matures, which levy may be in addition to and exclusive of
21the maximum of all other taxes authorized to be levied by the
22municipality, which levy, however, shall be abated to the
23extent that monies from other sources are available for payment
24of the obligations and the municipality certifies the amount of
25said monies available to the county clerk.
26    A certified copy of such ordinance shall be filed with the

 

 

SB0189- 212 -LRB101 06690 AWJ 51717 b

1county clerk of each county in which any portion of the
2municipality is situated, and shall constitute the authority
3for the extension and collection of the taxes to be deposited
4in the special tax allocation fund.
5    A municipality may also issue its obligations to refund in
6whole or in part, obligations theretofore issued by such
7municipality under the authority of this Act, whether at or
8prior to maturity, provided however, that the last maturity of
9the refunding obligations may not be later than the dates set
10forth under Section 11-74.4-3.5.
11    In the event a municipality issues obligations under home
12rule powers or other legislative authority the proceeds of
13which are pledged to pay for redevelopment project costs, the
14municipality may, if it has followed the procedures in
15conformance with this division, retire said obligations from
16funds in the special tax allocation fund in amounts and in such
17manner as if such obligations had been issued pursuant to the
18provisions of this division.
19    All obligations heretofore or hereafter issued pursuant to
20this Act shall not be regarded as indebtedness of the
21municipality issuing such obligations or any other taxing
22district for the purpose of any limitation imposed by law.
23(Source: P.A. 100-531, eff. 9-22-17.)
 
24    (65 ILCS 5/11-74.6-22)
25    Sec. 11-74.6-22. Adoption of ordinance; requirements;

 

 

SB0189- 213 -LRB101 06690 AWJ 51717 b

1changes.
2    (a) Before adoption of an ordinance proposing the
3designation of a redevelopment planning area or a redevelopment
4project area, or both, or approving a redevelopment plan or
5redevelopment project, the municipality or commission
6designated pursuant to subsection (l) of Section 11-74.6-15
7shall fix by ordinance or resolution a time and place for
8public hearing. Prior to the adoption of the ordinance or
9resolution establishing the time and place for the public
10hearing, the municipality shall make available for public
11inspection a redevelopment plan or a report that provides in
12sufficient detail, the basis for the eligibility of the
13redevelopment project area. The report along with the name of a
14person to contact for further information shall be sent to the
15affected taxing district by certified mail within a reasonable
16time following the adoption of the ordinance or resolution
17establishing the time and place for the public hearing.
18    At the public hearing any interested person or affected
19taxing district may file with the municipal clerk written
20objections to the ordinance and may be heard orally on any
21issues that are the subject of the hearing. The municipality
22shall hear and determine all alternate proposals or bids for
23any proposed conveyance, lease, mortgage or other disposition
24of land and all protests and objections at the hearing and the
25hearing may be adjourned to another date without further notice
26other than a motion to be entered upon the minutes fixing the

 

 

SB0189- 214 -LRB101 06690 AWJ 51717 b

1time and place of the later hearing. At the public hearing or
2at any time prior to the adoption by the municipality of an
3ordinance approving a redevelopment plan, the municipality may
4make changes in the redevelopment plan. Changes which (1) add
5additional parcels of property to the proposed redevelopment
6project area, (2) substantially affect the general land uses
7proposed in the redevelopment plan, or (3) substantially change
8the nature of or extend the life of the redevelopment project
9shall be made only after the municipality gives notice,
10convenes a joint review board, and conducts a public hearing
11pursuant to the procedures set forth in this Section and in
12Section 11-74.6-25. Changes which do not (1) add additional
13parcels of property to the proposed redevelopment project area,
14(2) substantially affect the general land uses proposed in the
15redevelopment plan, or (3) substantially change the nature of
16or extend the life of the redevelopment project may be made
17without further hearing, provided that the municipality shall
18give notice of any such changes by mail to each affected taxing
19district and by publication once in a newspaper of general
20circulation within the affected taxing district or on the
21municipality's website. Such notice by mail and by publication
22shall each occur not later than 10 days following the adoption
23by ordinance of such changes.
24    (b) Before adoption of an ordinance proposing the
25designation of a redevelopment planning area or a redevelopment
26project area, or both, or amending the boundaries of an

 

 

SB0189- 215 -LRB101 06690 AWJ 51717 b

1existing redevelopment project area or redevelopment planning
2area, or both, the municipality shall convene a joint review
3board to consider the proposal. The board shall consist of a
4representative selected by each taxing district that has
5authority to levy real property taxes on the property within
6the proposed redevelopment project area and that has at least
75% of its total equalized assessed value located within the
8proposed redevelopment project area, a representative selected
9by the municipality and a public member. The public member and
10the board's chairperson shall be selected by a majority of
11other board members.
12    All board members shall be appointed and the first board
13meeting held within 14 days following the notice by the
14municipality to all the taxing districts as required by
15subsection (c) of Section 11-74.6-25. The notice shall also
16advise the taxing bodies represented on the joint review board
17of the time and place of the first meeting of the board.
18Additional meetings of the board shall be held upon the call of
19any 2 members. The municipality seeking designation of the
20redevelopment project area may provide administrative support
21to the board.
22    The board shall review the public record, planning
23documents and proposed ordinances approving the redevelopment
24plan and project to be adopted by the municipality. As part of
25its deliberations, the board may hold additional hearings on
26the proposal. A board's recommendation, if any, shall be a

 

 

SB0189- 216 -LRB101 06690 AWJ 51717 b

1written recommendation adopted by a majority vote of the board
2and submitted to the municipality within 30 days after the
3board convenes. A board's recommendation shall be binding upon
4the municipality. Failure of the board to submit its
5recommendation on a timely basis shall not be cause to delay
6the public hearing or the process of establishing or amending
7the redevelopment project area. The board's recommendation on
8the proposal shall be based upon the area satisfying the
9applicable eligibility criteria defined in Section 11-74.6-10
10and whether there is a basis for the municipal findings set
11forth in the redevelopment plan as required by this Act. If the
12board does not file a recommendation it shall be presumed that
13the board has found that the redevelopment project area
14satisfies the eligibility criteria.
15    (c) After a municipality has by ordinance approved a
16redevelopment plan and designated a redevelopment planning
17area or a redevelopment project area, or both, the plan may be
18amended and additional properties may be added to the
19redevelopment project area only as herein provided. Amendments
20which (1) add additional parcels of property to the proposed
21redevelopment project area, (2) substantially affect the
22general land uses proposed in the redevelopment plan, (3)
23substantially change the nature of the redevelopment project,
24(4) increase the total estimated redevelopment project costs
25set out in the redevelopment plan by more than 5% after
26adjustment for inflation from the date the plan was adopted, or

 

 

SB0189- 217 -LRB101 06690 AWJ 51717 b

1(5) add additional redevelopment project costs to the itemized
2list of redevelopment project costs set out in the
3redevelopment plan shall be made only after the municipality
4gives notice, convenes a joint review board, and conducts a
5public hearing pursuant to the procedures set forth in this
6Section and in Section 11-74.6-25. Changes which do not (1) add
7additional parcels of property to the proposed redevelopment
8project area, (2) substantially affect the general land uses
9proposed in the redevelopment plan, (3) substantially change
10the nature of the redevelopment project, (4) increase the total
11estimated redevelopment project cost set out in the
12redevelopment plan by more than 5% after adjustment for
13inflation from the date the plan was adopted, or (5) add
14additional redevelopment project costs to the itemized list of
15redevelopment project costs set out in the redevelopment plan
16may be made without further hearing, provided that the
17municipality shall give notice of any such changes by mail to
18each affected taxing district and by publication once in a
19newspaper of general circulation within the affected taxing
20district or on the municipality's website. Such notice by mail
21and by publication shall each occur not later than 10 days
22following the adoption by ordinance of such changes.
23    Notwithstanding Section 11-74.6-50, the redevelopment
24project area established by an ordinance adopted in its final
25form on December 19, 2011 by the City of Loves Park may be
26expanded by the adoption of an ordinance to that effect without

 

 

SB0189- 218 -LRB101 06690 AWJ 51717 b

1further hearing or notice to include land that (i) is at least
2in part contiguous to the existing redevelopment project area,
3(ii) does not exceed approximately 16.56 acres, (iii) at the
4time of the establishment of the redevelopment project area
5would have been otherwise eligible for inclusion in the
6redevelopment project area, and (iv) is zoned so as to comply
7with this Act prior to its inclusion in the redevelopment
8project area.
9    (d) After the effective date of this amendatory Act of the
1091st General Assembly, a municipality shall submit the
11following information for each redevelopment project area (i)
12to the State Comptroller under Section 8-8-3.5 of the Illinois
13Municipal Code, subject to any extensions or exemptions
14provided at the Comptroller's discretion under that Section,
15and (ii) to all taxing districts overlapping the redevelopment
16project area no later than 180 days after the close of each
17municipal fiscal year or as soon thereafter as the audited
18financial statements become available and, in any case, shall
19be submitted before the annual meeting of the joint review
20board to each of the taxing districts that overlap the
21redevelopment project area:
22        (1) Any amendments to the redevelopment plan, or the
23    redevelopment project area.
24        (1.5) A list of the redevelopment project areas
25    administered by the municipality and, if applicable, the
26    date each redevelopment project area was designated or

 

 

SB0189- 219 -LRB101 06690 AWJ 51717 b

1    terminated by the municipality.
2        (2) Audited financial statements of the special tax
3    allocation fund once a cumulative total of $100,000 of tax
4    increment revenues has been deposited in the fund.
5        (3) Certification of the Chief Executive Officer of the
6    municipality that the municipality has complied with all of
7    the requirements of this Act during the preceding fiscal
8    year.
9        (4) An opinion of legal counsel that the municipality
10    is in compliance with this Act.
11        (5) An analysis of the special tax allocation fund
12    which sets forth:
13            (A) the balance in the special tax allocation fund
14        at the beginning of the fiscal year;
15            (B) all amounts deposited in the special tax
16        allocation fund by source;
17            (C) an itemized list of all expenditures from the
18        special tax allocation fund by category of permissible
19        redevelopment project cost; and
20            (D) the balance in the special tax allocation fund
21        at the end of the fiscal year including a breakdown of
22        that balance by source and a breakdown of that balance
23        identifying any portion of the balance that is
24        required, pledged, earmarked, or otherwise designated
25        for payment of or securing of obligations and
26        anticipated redevelopment project costs. Any portion

 

 

SB0189- 220 -LRB101 06690 AWJ 51717 b

1        of such ending balance that has not been identified or
2        is not identified as being required, pledged,
3        earmarked, or otherwise designated for payment of or
4        securing of obligations or anticipated redevelopment
5        project costs shall be designated as surplus as set
6        forth in Section 11-74.6-30 hereof.
7        (6) A description of all property purchased by the
8    municipality within the redevelopment project area
9    including:
10            (A) Street address.
11            (B) Approximate size or description of property.
12            (C) Purchase price.
13            (D) Seller of property.
14        (7) A statement setting forth all activities
15    undertaken in furtherance of the objectives of the
16    redevelopment plan, including:
17            (A) Any project implemented in the preceding
18        fiscal year.
19            (B) A description of the redevelopment activities
20        undertaken.
21            (C) A description of any agreements entered into by
22        the municipality with regard to the disposition or
23        redevelopment of any property within the redevelopment
24        project area.
25            (D) Additional information on the use of all funds
26        received under this Division and steps taken by the

 

 

SB0189- 221 -LRB101 06690 AWJ 51717 b

1        municipality to achieve the objectives of the
2        redevelopment plan.
3            (E) Information regarding contracts that the
4        municipality's tax increment advisors or consultants
5        have entered into with entities or persons that have
6        received, or are receiving, payments financed by tax
7        increment revenues produced by the same redevelopment
8        project area.
9            (F) Any reports submitted to the municipality by
10        the joint review board.
11            (G) A review of public and, to the extent possible,
12        private investment actually undertaken to date after
13        the effective date of this amendatory Act of the 91st
14        General Assembly and estimated to be undertaken during
15        the following year. This review shall, on a
16        project-by-project basis, set forth the estimated
17        amounts of public and private investment incurred
18        after the effective date of this amendatory Act of the
19        91st General Assembly and provide the ratio of private
20        investment to public investment to the date of the
21        report and as estimated to the completion of the
22        redevelopment project.
23        (8) With regard to any obligations issued by the
24    municipality:
25            (A) copies of any official statements; and
26            (B) an analysis prepared by financial advisor or

 

 

SB0189- 222 -LRB101 06690 AWJ 51717 b

1        underwriter setting forth: (i) nature and term of
2        obligation; and (ii) projected debt service including
3        required reserves and debt coverage.
4        (9) For special tax allocation funds that have received
5    cumulative deposits of incremental tax revenues of
6    $100,000 or more, a certified audit report reviewing
7    compliance with this Act performed by an independent public
8    accountant certified and licensed by the authority of the
9    State of Illinois. The financial portion of the audit must
10    be conducted in accordance with Standards for Audits of
11    Governmental Organizations, Programs, Activities, and
12    Functions adopted by the Comptroller General of the United
13    States (1981), as amended, or the standards specified by
14    Section 8-8-5 of the Illinois Municipal Auditing Law of the
15    Illinois Municipal Code. The audit report shall contain a
16    letter from the independent certified public accountant
17    indicating compliance or noncompliance with the
18    requirements of subsection (o) of Section 11-74.6-10.
19    (e) The joint review board shall meet annually 180 days
20after the close of the municipal fiscal year or as soon as the
21redevelopment project audit for that fiscal year becomes
22available to review the effectiveness and status of the
23redevelopment project area up to that date.
24(Source: P.A. 98-922, eff. 8-15-14; 99-792, eff. 8-12-16.)
 
25    (65 ILCS 5/11-74.6-30)

 

 

SB0189- 223 -LRB101 06690 AWJ 51717 b

1    Sec. 11-74.6-30. Financing. Obligations secured by the
2special tax allocation fund set forth in Section 11-74.6-35 for
3the redevelopment project area may be issued to provide for
4redevelopment project costs. Those obligations, when so
5issued, shall be retired in the manner provided in the
6ordinance authorizing the issuance of those obligations by the
7receipts of taxes levied as specified in Section 11-74.6-40
8against the taxable real property included in the area and any
9other revenue designated by the municipality. A municipality
10may in the ordinance pledge all or any part of the funds in and
11to be deposited into the special tax allocation fund created
12under Section 11-74.6-35 to the payment of the redevelopment
13project costs and obligations. Any pledge of funds in the
14special tax allocation fund shall provide for distribution to
15the taxing districts of moneys not required, pledged,
16earmarked, or otherwise designated for payment and securing of
17the obligations and anticipated redevelopment project costs,
18and any excess funds shall be calculated annually and deemed to
19be "surplus" funds. If a municipality applies or pledges only a
20portion of the funds in the special tax allocation fund for the
21payment or securing of anticipated redevelopment project costs
22or of obligations, any funds remaining in the special tax
23allocation fund after complying with the requirements of the
24application or pledge shall also be calculated annually and
25deemed "surplus" funds. All surplus funds in the special tax
26allocation fund shall be distributed annually within 180 days

 

 

SB0189- 224 -LRB101 06690 AWJ 51717 b

1after the close of the municipality's fiscal year by being paid
2by the municipal treasurer to the county collector in direct
3proportion to the tax incremental revenue received as a result
4of an increase in the equalized assessed value of property in
5the redevelopment project area but not to exceed as to each
6such source the total incremental revenue received from that
7source. The county collector shall subsequently distribute
8surplus funds to the respective taxing districts in the same
9manner and proportion as the most recent distribution by the
10county collector to the affected taxing districts of real
11property taxes from real property in the redevelopment project
12area.
13    Without limiting the foregoing provisions of this Section,
14in addition to obligations secured by the special tax
15allocation fund, the municipality may pledge, for a period not
16greater than the term of the obligations, towards payment of
17those obligations any part or any combination of the following:
18(i) net revenues of all or part of any redevelopment project;
19(ii) taxes levied and collected on any or all real property in
20the municipality; (iii) the full faith and credit of the
21municipality; (iv) a mortgage on part or all of the
22redevelopment project; or (v) any other taxes or anticipated
23receipts that the municipality may lawfully pledge.
24    The obligations may be issued in one or more series bearing
25interest at a rate or rates that the corporate authorities of
26the municipality determine by ordinance. The obligations shall

 

 

SB0189- 225 -LRB101 06690 AWJ 51717 b

1bear a date or dates, mature at a time or times, not exceeding
220 years from their respective issue dates, be in a
3denomination, carry registration privileges, be executed in a
4manner, be payable in a medium of payment at a place or places,
5contain covenants, terms and conditions, and be subject to
6redemption as the ordinance provides. Obligations issued under
7this Law may be sold at public or private sale at a price
8determined by the corporate authority of the municipality. No
9referendum approval of the electors shall be required as a
10condition for the issuance of obligations under this Division,
11except as provided in this Section.
12    If the municipality authorizes issuance of obligations
13under the authority of this Division secured by the full faith
14and credit of the municipality, which obligations are other
15than obligations that may be issued under home rule powers
16provided by Section 6 of Article VII of the Illinois
17Constitution, or pledges taxes levied and collected on real
18property in the municipality or pledges the full faith and
19credit of the municipality, the ordinance authorizing the
20issuance of those obligations or pledging those taxes or the
21municipality's full faith and credit shall be published within
2210 days after the ordinance has been passed in one or more
23newspapers with general circulation within that municipality
24or on the municipality's website. The publication of the
25ordinance shall be accompanied by a notice of (i) the specific
26number of voters required to sign a petition requesting the

 

 

SB0189- 226 -LRB101 06690 AWJ 51717 b

1question of the issuance of those obligations or pledging taxes
2to be submitted to the electors, (ii) the time in which the
3petition must be filed, and (iii) the date of the prospective
4referendum. The municipal clerk shall provide a petition form
5to any individual requesting one.
6    If no petition is filed with the municipal clerk, as
7provided in this Section, within 30 days after the publication
8of the ordinance, the ordinance shall become effective. If,
9however, within that 30 day period, a petition is filed with
10the municipal clerk, signed by electors numbering not less than
1110% of the number of registered voters in the municipality,
12asking that the question of issuing obligations using full
13faith and credit of the municipality as security for the cost
14of paying for redevelopment project costs, or of pledging taxes
15for the payment of those obligations, or both, be submitted to
16the electors of the municipality, the corporate authorities of
17the municipality shall call a special election in the manner
18provided by law to vote upon that question, or, if a general,
19State or municipal election is to be held within a period of
20not less than 30 or more than 90 days from the date the
21petition is filed, shall submit the question at that general,
22State or municipal election. If it appears upon the canvass of
23the election by the corporate authorities that a majority of
24electors voting upon the question voted in favor of the
25question, the ordinance shall be effective, but if a majority
26of the electors voting upon the question are not in favor of

 

 

SB0189- 227 -LRB101 06690 AWJ 51717 b

1the question, the ordinance shall not take effect.
2    The ordinance authorizing the obligations may provide that
3the obligations shall contain a recital that they are issued
4under this Law. The recital shall be conclusive evidence of
5their validity and of the regularity of their issuance.
6    In the event the municipality authorizes issuance of
7obligations under this Section secured by the full faith and
8credit of the municipality, the ordinance authorizing the
9obligations may provide for the levy and collection of a direct
10annual tax upon all taxable property within the municipality
11sufficient to pay the principal of and interest on the
12obligations as they mature. The levy may be in addition to and
13exclusive of the maximum of all other taxes authorized to be
14levied by the municipality. The levy, however, shall be abated
15to the extent that moneys from other sources are available for
16payment of the obligations and the municipality certifies the
17amount of those moneys available to the county clerk.
18    A certified copy of the ordinance shall be filed with the
19county clerk of each county in which any portion of the
20municipality is situated, and shall constitute the authority
21for the extension and collection of the taxes to be deposited
22in the special tax allocation fund.
23    A municipality may also issue its obligations to refund, in
24whole or in part, obligations previously issued by the
25municipality under the authority of this Law, whether at or
26before maturity, except that the last maturity of the refunding

 

 

SB0189- 228 -LRB101 06690 AWJ 51717 b

1obligations shall not be expressed to mature later than
2December 31 of the year in which the payment to the municipal
3treasurer as provided in subsection (b) of Section 11-74.6-35
4is to be made with respect to ad valorem taxes levied in the
5twenty-third calendar year after the year in which the
6ordinance approving the redevelopment project area is adopted.
7    If a municipality issues obligations under home rule powers
8or other legislative authority, the proceeds of which are
9pledged to pay for redevelopment project costs, the
10municipality may, if it has followed the procedures in
11conformance with this Law, retire those obligations from funds
12in the special tax allocation fund in amounts and in the same
13manner as if those obligations had been issued under the
14provisions of this Law.
15    No obligations issued under this Law shall be regarded as
16indebtedness of the municipality issuing the obligations or any
17other taxing district for the purpose of any limitation imposed
18by law.
19(Source: P.A. 91-474, eff. 11-1-99.)
 
20    (65 ILCS 5/11-76-4.1)  (from Ch. 24, par. 11-76-4.1)
21    Sec. 11-76-4.1. Sale of surplus real estate. The corporate
22authorities of a municipality by resolution may authorize the
23sale or public auction of surplus public real estate. The value
24of the real estate shall be determined by a written MAI
25certified appraisal or by a written certified appraisal of a

 

 

SB0189- 229 -LRB101 06690 AWJ 51717 b

1State certified or licensed real estate appraiser. The
2appraisal shall be available for public inspection. The
3resolution may direct the sale to be conducted by the staff of
4the municipality; by listing with local licensed real estate
5agencies, in which case the terms of the agent's compensation
6shall be included in the resolution; or by public auction. The
7resolution shall be published at the first opportunity
8following its passage in a newspaper published in the
9municipality or, if none, then in a newspaper published in the
10county where the municipality is located. The publication
11requirement may also be satisfied by publication of the
12resolution on the municipality's website. The resolution shall
13also contain pertinent information concerning the size, use,
14and zoning of the real estate and the terms of sale. The
15corporate authorities may accept any contract proposal
16determined by them to be in the best interest of the
17municipality by a vote of two-thirds of the corporate
18authorities then holding office, but in no event at a price
19less than 80% of the appraised value.
20(Source: P.A. 88-355; 89-78, eff. 6-30-95.)
 
21    (65 ILCS 5/11-76-4.2)  (from Ch. 24, par. 11-76-4.2)
22    Sec. 11-76-4.2. Surplus property; alternative method of
23sale.
24    (a) This Section applies to any municipality with a
25population of less than 20,000 which is situated wholly or

 

 

SB0189- 230 -LRB101 06690 AWJ 51717 b

1partially within a county that has an unemployment rate, as
2determined by the Illinois Department of Employment Security,
3higher than the national unemployment average, as determined by
4the U.S. Department of Labor, for at least one month during the
56 months preceding the adoption of a resolution to sell real
6estate under this Section.
7    (b) If a municipality has either (1) adopted an ordinance
8to sell surplus real estate under Section 11-76-2 and has
9received no bid on a particular parcel or (2) adopted a
10resolution to sell surplus real estate under Section 11-76-4.1
11and has received no acceptable offer on a particular parcel
12within 6 months after adoption of the resolution, then that
13parcel of surplus real estate may be sold in the manner set
14forth in subsection (c) of this Section.
15    (c) If the requirements of subsections (a) and (b) of this
16Section are met, then the corporate authorities may, by
17resolution, authorize the sale of a parcel of surplus public
18real estate in either of the following manners: (1) by the
19staff of the municipality; (2) by listing with local licensed
20real estate agencies; or (3) by public auction. The terms of
21the sale, the compensation of the agent, if any, the time and
22the place of the auction, if applicable, a legal description of
23the property and its size, use and zoning shall be included in
24the resolution. The resolution shall be published once each
25week for 3 successive weeks in a daily or weekly newspaper
26published in the municipality or, if none, in a newspaper

 

 

SB0189- 231 -LRB101 06690 AWJ 51717 b

1published in the county in which the municipality is located.
2The publication requirement may also be satisfied by
3publication of the resolution on the municipality's website
4once each week for 3 successive weeks. No sale may be conducted
5until at least 30 days after the first publication. The
6corporate authorities may accept any offer or bid determined by
7them to be in the best interest of the municipality by a vote
8of three-fourths of the corporate authorities then holding
9office.
10(Source: P.A. 86-331.)
 
11    (65 ILCS 5/11-76.1-3)  (from Ch. 24, par. 11-76.1-3)
12    Sec. 11-76.1-3. After the ordinance providing for the lease
13or purchase of real or personal property has been passed, it
14shall be published at least twice within 30 days after its
15passage in one or more newspapers published in the
16municipality, or, if no newspaper is published therein, then in
17one or more newspapers with a general circulation within the
18municipality. The publication requirement may also be
19satisfied by publication of the ordinance on the municipality's
20website at least twice within 30 days after its passage. In
21municipalities with less than 500 population in which no
22newspaper is published, publication may instead be made by
23posting a notice in 3 prominent places within the municipality.
24The ordinance shall not become effective until 30 days after
25its second publication.

 

 

SB0189- 232 -LRB101 06690 AWJ 51717 b

1(Source: P.A. 87-767.)
 
2    (65 ILCS 5/11-76.2-2)  (from Ch. 24, par. 11-76.2-2)
3    Sec. 11-76.2-2. Upon action being duly adopted pursuant to
4Section 11-76.2-1 above, a public hearing shall be held by the
5corporate authorities at a time and place to be designated by
6them upon such proposal, pursuant to notice of public hearing
7duly published in a newspaper of general circulation published
8in said municipality or if no such newspaper is so published
9then in a newspaper published in the county in which said
10municipality is wholly or partially situated that has a general
11circulation in said municipality. The publication requirement
12may also be satisfied by publication of the notice of public
13hearing on the municipality's website. Said notice shall be so
14published not less than 15 days nor more than 30 days prior to
15the date of the hearing; and shall set forth a legal
16description of the property or properties to be so exchanged,
17as well as the property or properties that the municipality is
18to receive through such exchange, and the proposed terms and
19conditions otherwise of such exchange.
20(Source: P.A. 81-858.)
 
21    (65 ILCS 5/11-84-7)  (from Ch. 24, par. 11-84-7)
22    Sec. 11-84-7. Except as herein otherwise provided for
23municipalities of more than 500,000 population, all contracts
24for the construction or repair of sidewalks as provided in this

 

 

SB0189- 233 -LRB101 06690 AWJ 51717 b

1Division 84, when the expense thereof exceeds $1,500, shall be
2let to the lowest responsible bidder in the following manner:
3Notice shall be given by the officer or board designated in the
4ordinance to take charge of the construction or repair and
5supervision of a sidewalk, by advertisement at least twice, not
6more than 30 nor less than 15 days in advance of the day of
7opening the bids, that bids will be received for the
8construction or repair of that sidewalk in accordance with the
9ordinance therefor, in one or more newspapers published within
10the municipality, or if no newspaper is published therein, then
11in one or more newspapers with a general circulation within the
12municipality. The advertisement requirement may also be
13satisfied by publication of the advertisement on the
14municipality's website at least twice not more than 30 nor less
15than 15 days in advance of the day of opening the bids. In
16municipalities with less than 500 population in which no
17newspaper is published, publication may instead be made by
18posting a notice in 3 prominent places within the municipality.
19The notice shall state the time of opening the bids. All bids
20offered shall be accompanied by cash or a check payable to the
21order of the officer or board having charge of the improvement,
22and certified by a responsible bank, for an amount which shall
23not be less than 10% of the aggregate of the bid. All contracts
24shall be approved by the officer, or the presiding officer of
25the board, having the supervision of the construction or repair
26of that sidewalk.

 

 

SB0189- 234 -LRB101 06690 AWJ 51717 b

1    In municipalities of more than 500,000 population, the
2letting of contracts for the construction or repair of
3sidewalks as provided in this Division 84 shall be governed by
4the provisions of Division 10 of Article 8.
5(Source: Laws 1961, p. 576.)
 
6    (65 ILCS 5/11-91-1)  (from Ch. 24, par. 11-91-1)
7    Sec. 11-91-1. Whenever the corporate authorities of any
8municipality, whether incorporated by special act or under any
9general law, determine that the public interest will be
10subserved by vacating any street or alley, or part thereof,
11within their jurisdiction in any incorporated area, they may
12vacate that street or alley, or part thereof, by an ordinance.
13The ordinance shall provide the legal description or permanent
14index number of the particular parcel or parcels of property
15acquiring title to the vacated property. But this ordinance
16shall be passed by the affirmative vote of at least
17three-fourths of the aldermen, trustees or commissioners then
18holding office. This vote shall be taken by ayes and noes and
19entered on the records of the corporate authorities.
20    No ordinance shall be passed vacating any street or alley
21under a municipality's jurisdiction and within an
22unincorporated area without notice thereof and a hearing
23thereon. At least 15 days prior to such a hearing, notice of
24its time, place and subject matter shall be published in a
25newspaper of general circulation within the unincorporated

 

 

SB0189- 235 -LRB101 06690 AWJ 51717 b

1area which the street or alley proposed for vacation serves or
2on the municipality's website. At the hearing all interested
3persons shall be heard concerning the proposal for vacation.
4    The ordinance may provide that it shall not become
5effective until the owners of all property or the owner or
6owners of a particular parcel or parcels of property abutting
7upon the street or alley, or part thereof so vacated, shall pay
8compensation in an amount which, in the judgment of the
9corporate authorities, shall be the fair market value of the
10property acquired or of the benefits which will accrue to them
11by reason of that vacation, and if there are any public service
12facilities in such street or alley, or part thereof, the
13ordinance shall also reserve to the municipality or to the
14public utility, as the case may be, owning such facilities,
15such property, rights of way and easements as, in the judgment
16of the corporate authorities, are necessary or desirable for
17continuing public service by means of those facilities and for
18the maintenance, renewal and reconstruction thereof. If the
19ordinance provides that only the owner or owners of one
20particular parcel of abutting property shall make payment, then
21the owner or owners of the particular parcel shall acquire
22title to the entire vacated street or alley, or the part
23thereof vacated.
24    The determination of the corporate authorities that the
25nature and extent of the public use or public interest to be
26subserved in such as to warrant the vacation of any street or

 

 

SB0189- 236 -LRB101 06690 AWJ 51717 b

1alley, or part thereof, is conclusive, and the passage of such
2an ordinance is sufficient evidence of that determination,
3whether so recited in the ordinance or not. The relief to the
4public from further burden and responsibility of maintaining
5any street or alley, or part thereof, constitutes a public use
6or public interest authorizing the vacation.
7    When property is damaged by the vacation or closing of any
8street or alley, the damage shall be ascertained and paid as
9provided by law.
10(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
 
11    (65 ILCS 5/11-92-8)  (from Ch. 24, par. 11-92-8)
12    Sec. 11-92-8. The corporate authorities may enter into a
13trust agreement to secure payment of the bonds issued under the
14provisions of Section 11-92-7.
15    After the ordinance has been adopted, it shall within 10
16days after its passage be published once in a newspaper
17published and having a general circulation in the city or
18village, or, if there is no such newspaper, then in a newspaper
19having a general circulation in the county wherein such city or
20village, or the greater or greatest portion in area of the city
21or village, lies. The publication requirement may also be
22satisfied by publication of the ordinance and notice on the
23municipality's website within 10 days after its passage.
24    The publication of the ordinance shall be accompanied by a
25notice of (1) the specific number of voters required to sign a

 

 

SB0189- 237 -LRB101 06690 AWJ 51717 b

1petition requesting the submission to the electors of the
2question of acquiring and operating or constructing and
3operating a harbor project and issuing bonds for such project;
4(2) the time in which the petition must be filed; and (3) the
5date of the prospective referendum. The municipal clerk shall
6provide a petition form to any individual requesting one.
7    If no petition is filed with the municipal clerk within 30
8days after the publication of the ordinance, the ordinance
9shall be in effect.
10    However, if within 30 days after the publication of the
11ordinance a petition is filed with the clerk of the city or
12village signed by electors of the city or village numbering 10%
13or more of the number of registered voters in the city or
14village, asking that the question of acquiring and operating or
15constructing and operating such harbor project and the issuance
16of the bonds for the harbor project be submitted to the
17electors of the city or village, the municipal clerk shall
18certify that question for submission at an election in
19accordance with the general election law.
20    The question shall be in substantially the following form:
21-------------------------------------------------------------
22    Shall the City (or Village)           YES
23of .... issue  revenue               ------------------------
24bonds for acquiring (or
25constructing) a harbor?                   NO
26-------------------------------------------------------------

 

 

SB0189- 238 -LRB101 06690 AWJ 51717 b

1    If a majority of the electors voting upon that question
2vote in favor of the issuance of the bonds, the ordinance shall
3be in effect, otherwise the ordinance shall not become
4effective.
5(Source: P.A. 87-767.)
 
6    (65 ILCS 5/11-94-2)  (from Ch. 24, par. 11-94-2)
7    Sec. 11-94-2. Whenever the corporate authorities of a
8specified municipality determine to construct or acquire and
9purchase or improve natatoriums or swimming pools, indoor or
10outdoor tennis courts, handball, racquetball or squash courts,
11artificial ice skating rinks or golf courses, or any
12combination of said facilities and to issue bonds under this
13Division 94 to pay the cost or purchase price thereof, the
14corporate authorities shall adopt an ordinance describing in a
15general way the contemplated project and refer to plans and
16specifications therefor when the project is to be constructed.
17These plans and specifications shall be filed in the office of
18the municipal clerk and shall be open for inspection by the
19public.
20    This ordinance shall set out the estimated cost of the
21project, determine the period of usefulness thereof, fix the
22amount of revenue bonds to be issued, the maturities thereof,
23the interest rate, which shall not exceed the greater of (i)
24the maximum rate authorized by the Bond Authorization Act, as
25amended at the time of the making of the contract, or (ii) 8%

 

 

SB0189- 239 -LRB101 06690 AWJ 51717 b

1annually, payable annually or semi-annually and all the details
2in connection with the bonds. However, from the effective date
3of this amendatory Act of 1976 through and including June 30,
41977, such interest rate shall not exceed 9%. The bonds shall
5mature within the period of usefulness of the project as
6determined by the corporate authorities. The ordinance may also
7contain such covenants and restrictions upon the issuance of
8additional revenue bonds thereafter as may be deemed necessary
9or advisable for the assurance of the payment of the bonds
10thereby authorized. The ordinance shall also pledge the revenue
11derived from the operation of the natatoriums or swimming
12pools, indoor or outdoor tennis courts, handball, racquetball
13or squash courts, artificial ice skating rinks or the golf
14courses, or any other recreational facility or any combination
15of facilities as the case may be, for the purpose of paying
16maintenance and operation costs, providing an adequate
17depreciation fund, and paying the principal and the interest of
18the bonds issued under this Division 94. The ordinance may also
19pledge the revenue derived from the operation of existing
20natatoriums or swimming pools, indoor or outdoor tennis courts,
21handball, racquetball or squash courts, artificial ice skating
22rinks or golf courses, or any combination of facilities.
23    Within 30 days after this ordinance has been passed it
24shall be published at least once in one or more newspapers
25published in the municipality, or, if no newspaper is published
26therein, then in one or more newspapers with a general

 

 

SB0189- 240 -LRB101 06690 AWJ 51717 b

1circulation within the municipality. The publication
2requirement may also be satisfied by publication of the
3ordinance and notice on the municipality's website within 30
4days after its passage. In municipalities with less than 500
5population in which no newspaper is published, publication may
6instead be made by posting a notice in 3 prominent places
7within the municipality.
8    The publication or posting of the ordinance shall be
9accompanied by a notice of (1) the specific number of voters
10required to sign a petition requesting the question of
11constructing or acquiring and purchasing or improving and
12operating such recreation facility and the issuance of bonds to
13be submitted to the electors; (2) the time in which such
14petition must be filed; and (3) the date of the prospective
15referendum. The municipal clerk shall provide a petition form
16to any individual requesting one.
17    If no petition is filed with the municipal clerk within 30
18days after the publication, or posting of the ordinance, the
19ordinance shall be in effect. But if within this 30 day period
20a petition is so filed, signed by electors of the municipality
21numbering 10% or more of the number of registered voters in the
22municipality asking that the question of constructing or
23acquiring and purchasing or improving and operating such
24natatoriums or swimming pools, indoor or outdoor tennis courts,
25handball, racquetball or squash courts, artificial ice skating
26rinks or golf courses, or any other recreational facility or

 

 

SB0189- 241 -LRB101 06690 AWJ 51717 b

1any combination of facilities, and the issuance of such bonds
2be submitted to the electors of the municipality, the municipal
3clerk shall certify that question for submission at an election
4in accordance with the general election law.
5    If a majority of the electors voting upon that question
6vote in favor of constructing or acquiring and purchasing or
7improving and operating the natatoriums or swimming pools,
8indoor or outdoor tennis courts, handball, racquetball or
9squash courts, artificial ice skating rinks or golf courses, or
10any other recreational facility or any combination of
11facilities, and the issuance of the bonds, the ordinances shall
12be in effect. But if a majority of the votes cast are against
13constructing or acquiring and purchasing or improving and
14operating the natatoriums or swimming pools, indoor or outdoor
15tennis courts, handball, racquetball or squash courts,
16artificial ice skating rinks or golf courses, or any other
17recreational facility or any combination of facilities, and the
18issuance of the bonds, the ordinance shall not go into effect.
19    With respect to instruments for the payment of money issued
20under this Section either before, on, or after the effective
21date of this amendatory Act of 1989, it is and always has been
22the intention of the General Assembly (i) that the Omnibus Bond
23Acts are and always have been supplementary grants of power to
24issue instruments in accordance with the Omnibus Bond Acts,
25regardless of any provision of this Act that may appear to be
26or to have been more restrictive than those Acts, (ii) that the

 

 

SB0189- 242 -LRB101 06690 AWJ 51717 b

1provisions of this Section are not a limitation on the
2supplementary authority granted by the Omnibus Bond Acts, and
3(iii) that instruments issued under this Section within the
4supplementary authority granted by the Omnibus Bond Acts are
5not invalid because of any provision of this Act that may
6appear to be or to have been more restrictive than those Acts.
7    The amendatory Acts of 1971, 1972 and 1973 are not a limit
8upon any municipality which is a home rule unit.
9    This amendatory Act of 1975 is not a limit upon any
10municipality which is a home rule unit.
11(Source: P.A. 86-4; 87-767.)
 
12    (65 ILCS 5/11-102-4b)  (from Ch. 24, par. 11-102-4b)
13    Sec. 11-102-4b. The municipal clerk of the municipality
14which established the airport involved shall publish notice of
15the hearing at least once, not more than 30 nor less than 15
16days before the hearing in a newspaper of general circulation
17in the municipalities affected. If no newspaper is generally
18circulated in such municipality, publication shall be in a
19newspaper of general circulation in the county of the
20municipalities affected. The publication requirement may also
21be satisfied by publication of the notice on the municipality's
22website not more than 30 nor less than 15 days before the
23hearing.
24(Source: P.A. 76-1341.)
 

 

 

SB0189- 243 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-102-7)  (from Ch. 24, par. 11-102-7)
2    Sec. 11-102-7. The corporate authorities of any
3municipality availing itself of the provisions of Section
411-102-6 shall adopt an ordinance describing in a general way
5the airport or airports or facilities thereof or relating
6thereto to be purchased, established or improved and refer to
7the plans and specifications therefor prepared for that
8purpose. These plans and specifications shall be open to the
9inspection of the public. Any such ordinance shall set out the
10estimated cost of the airport or airports or facilities thereof
11or relating thereto or of the improvement and shall fix the
12maximum amount of revenue bonds proposed to be issued therefor.
13This amount shall not exceed the estimated cost of the airport
14or airports or facilities thereof or relating thereto or of the
15improvement including engineering, legal, and other expenses
16together with interest cost to a date 6 months subsequent to
17the estimated date of completion. Such ordinance may contain
18such covenants, which shall be part of the contract between the
19municipality and the holders of such bonds and the trustee, if
20any, for such bondholders having such rights and duties as may
21be provided therein for the enforcement and protection of such
22covenants, as may be deemed necessary or advisable as to:
23    (a) the issuance of additional bonds that may thereafter be
24issued payable from the revenues derived from the operation of
25any such airport or airports, buildings, structures and
26facilities and for the payment of the principal and interest

 

 

SB0189- 244 -LRB101 06690 AWJ 51717 b

1upon such bonds;
2    (b) the regulations as to the use of any such airport or
3airports and facilities to assure the maximum use or occupancy
4thereof;
5    (c) the kind and amount of insurance to be carried,
6including use and occupancy insurance, the cost of which shall
7be payable only from the revenues derived from the airport or
8airports and facilities;
9    (d) operation, maintenance, management, accounting and
10auditing, employment of airport engineers and consultants and
11the keeping of records, reports and audits of any such airport
12or airports and facilities;
13    (e) the obligation of the municipality to maintain the
14airport or airports and facilities in good condition and to
15operate the same in an economical and efficient manner;
16    (f) providing for setting aside of sinking funds, reserve
17funds, depreciation funds and such other special funds as may
18be found needful and the regulation and disposition thereof;
19    (g) providing for the setting aside of a sinking fund, into
20which shall be payable from the revenues of such airport or
21airports, buildings, structures and facilities from month to
22month, as such revenues are collected, such sums as will be
23sufficient to pay the accruing interest and retire the bonds at
24maturity;
25    (h) agreeing to fix and collect rents, rates of toll and
26other charges for the use of such airport or airports or any

 

 

SB0189- 245 -LRB101 06690 AWJ 51717 b

1buildings, structures or facilities located thereon or related
2thereto, sufficient, together with other available money, to
3produce revenue adequate to pay the bonds at maturity and
4accruing interest and reserves therefor and sufficient to pay
5cost of maintenance, operation and depreciation thereof in such
6order of priority as shall be provided by the ordinance
7authorizing the bonds;
8    (i) fixing procedure by which the terms of any contract
9with the holders of the bonds may be amended, the amount of
10bonds the holders of which must consent thereto and the manner
11in which such consent may be given;
12    (j) providing the procedure for refunding such bonds;
13    (k) providing whether and to what extent and upon what
14terms and conditions, if any, the holder of bonds or coupons
15issued under such ordinance or the trustee, if any, therefor
16may, by action, mandamus, injunction or other proceeding,
17enforce or compel the performance of all duties required by
18this Division 102 including the fixing, maintaining and
19collecting of such rents, rates or other charges for the use of
20such airport or airports or of any buildings, structures or
21other facilities located thereon or relating thereto or for any
22service rendered by the municipality in the operation thereof
23as will be sufficient, together with other available money, to
24pay the principal of and interest upon these revenue bonds as
25the same become due and reserves therefor and sufficient to pay
26the cost of maintenance, operation and depreciation of the

 

 

SB0189- 246 -LRB101 06690 AWJ 51717 b

1airport or airports and facilities in the order of priority as
2provided in the ordinance authorizing the bonds, and the
3application of the income and revenue thereof;
4    (m) such other covenants as may be deemed necessary or
5desirable to assure a successful and profitable operation of
6the airport or airports and facilities and prompt payment of
7the principal of and interest upon the bonds so authorized.
8After this ordinance has been adopted it shall be published
9once in a newspaper published and having a general circulation
10in the municipality or on the municipality's website and may
11not thereafter be amended or rescinded except as may be
12provided by specific covenant contained therein as hereinabove
13authorized. After the expiration of 10 days from the date of
14this publication the ordinance shall be in effect.
15(Source: P.A. 83-345.)
 
16    (65 ILCS 5/11-103-6)  (from Ch. 24, par. 11-103-6)
17    Sec. 11-103-6. The corporate authorities of a municipality
18under this Division 103 may (1) lease all or any part of the
19municipality's airport, landing field, facilities, and other
20structures, and fix and collect rentals therefor, (2) fix,
21charge, and collect rentals, tolls, fees, and charges to be
22paid, for the use of the whole or any part of the airport or
23landing field, buildings, or other facilities, (3) make
24contracts for the operation and management of the airport,
25landing field, or other air navigation facilities, and (4)

 

 

SB0189- 247 -LRB101 06690 AWJ 51717 b

1provide for the use, management, and operation of the airport,
2landing field, or air navigation facilities through lessees
3thereof, or through its own employees, or otherwise. However,
4no lease for the operation or management of an airport, landing
5field, or air navigation facilities shall be made for more than
6one year except to the highest and best bidder, after notice of
7the lease or contract has been given, not more than 30 nor less
8than 15 days in advance of the date of the lease or contract,
9by publishing a notice thereof at least twice in one or more
10newspapers published in the municipality, or, if no newspaper
11is published therein, then in one or more newspapers with a
12general circulation within the municipality. The publication
13requirement may also be satisfied by publication of the notice
14on the municipality's website at least twice not more than 30
15nor less than 15 days in advance of the date of the lease or
16contract. In municipalities with less than 500 population in
17which no newspaper is published, publication may instead be
18made by posting a notice in 3 prominent places within the
19municipality.
20(Source: Laws 1961, p. 576.)
 
21    (65 ILCS 5/11-103-12)  (from Ch. 24, par. 11-103-12)
22    Sec. 11-103-12. The corporate authorities of any
23municipality specified in Section 11-103-1, for the purpose of
24acquiring land for an airport or landing field or constructing
25an airport or landing field, or both, may borrow money and as

 

 

SB0189- 248 -LRB101 06690 AWJ 51717 b

1evidence thereof may issue bonds, payable solely from revenue
2derived, from the operation or leasing of the airport, landing
3field, and facilities or appurtenances thereof. These bonds may
4be issued in such amounts as may be necessary to provide
5sufficient funds to pay all costs of acquiring the land for an
6airport or landing field or constructing an airport or landing
7field, or both, including engineering, legal, and other
8expenses, together with interest on these bonds, to a date 6
9months subsequent to the estimated date of completion.
10    Whenever the corporate authorities of a specified
11municipality determine to acquire land for an airport or
12landing field or to construct an airport or landing field, or
13both, and to issue bonds under this section for the payment of
14the cost thereof, the corporate authorities shall adopt an
15ordinance describing in a general way the contemplated project
16and refer to the plans and specifications therefor. These plans
17and specifications shall be filed with the municipal clerk and
18shall be open for inspection by the public.
19    This ordinance shall set out the estimated cost of the
20project, fix the amount of revenue bonds to be issued, the
21maturity or maturities thereof, the interest rate, which shall
22not exceed the maximum rate authorized by the Bond
23Authorization Act, as amended at the time of the making of the
24contract, payable annually or semi-annually, and all details in
25connection with the bonds. The ordinance shall also declare
26that a statutory mortgage lien shall exist upon the property of

 

 

SB0189- 249 -LRB101 06690 AWJ 51717 b

1the airport or landing field, and shall pledge the revenue
2derived from the operation or leasing of the airport, landing
3field, and the facilities and appurtenances thereof for the
4payment of maintenance and operating costs, providing an
5adequate depreciation fund, and paying the principal and
6interest of the revenue bonds issued thereunder.
7    After this ordinance has been adopted, it shall be
8published in the same manner and form as is required for other
9ordinances of the municipality, including on the
10municipality's website.
11    The publication of the ordinance shall be accompanied by a
12notice of (1) the specific number of voters required to sign a
13petition requesting the question of acquiring land for an
14airport or landing field or constructing such facility and the
15issuance of bonds to be submitted to the electors; (2) the time
16in which such petition must be filed; and (3) the date of the
17prospective referendum. The municipal clerk shall provide a
18petition form to any individual requesting one.
19    If no petition is filed with the municipal clerk as
20provided in this section within 30 days after the publication
21or posting of this ordinance, the ordinance shall be in effect
22after the expiration of this 30 day period. But if within this
2330 day period a petition is filed with the municipal clerk
24signed by electors of the municipality numbering 10% or more of
25the number of registered voters in the municipality, asking
26that the question of acquiring land for an airport or landing

 

 

SB0189- 250 -LRB101 06690 AWJ 51717 b

1field or constructing an airport or landing field, or both, and
2the issuance of the specified bonds, be submitted to the
3electors thereof, the municipal clerk shall certify that
4question for submission at an election in accordance with the
5general election law.
6    If a majority of the votes cast on the question are in
7favor of acquiring land for an airport or landing field or
8constructing an airport or landing field, or both, and in favor
9of the issuance of the specified bonds, this ordinance shall be
10in effect. But if a majority of the votes cast on the question
11are against the project and the issuance of the bonds, this
12ordinance shall not become effective.
13    Bonds issued under this section are negotiable
14instruments, and shall be executed by the mayor or president
15and by the municipal clerk of the municipality. In case any
16officer whose signature appears on the bonds or coupons ceases
17to hold that office before the bonds are delivered, his
18signature, nevertheless shall be valid and sufficient for all
19purposes, the same as though he had remained in office until
20the bonds were delivered.
21    With respect to instruments for the payment of money issued
22under this Section either before, on, or after the effective
23date of this amendatory Act of 1989, it is and always has been
24the intention of the General Assembly (i) that the Omnibus Bond
25Acts are and always have been supplementary grants of power to
26issue instruments in accordance with the Omnibus Bond Acts,

 

 

SB0189- 251 -LRB101 06690 AWJ 51717 b

1regardless of any provision of this Act that may appear to be
2or to have been more restrictive than those Acts, (ii) that the
3provisions of this Section are not a limitation on the
4supplementary authority granted by the Omnibus Bond Acts, and
5(iii) that instruments issued under this Section within the
6supplementary authority granted by the Omnibus Bond Acts are
7not invalid because of any provision of this Act that may
8appear to be or to have been more restrictive than those Acts.
9    The amendatory Acts of 1971, 1972 and 1973 are not a limit
10upon any municipality which is a home rule unit.
11(Source: P.A. 86-4; 87-767.)
 
12    (65 ILCS 5/11-117-3)  (from Ch. 24, par. 11-117-3)
13    Sec. 11-117-3. No municipality shall proceed to acquire or
14construct any public utility under the provisions of this
15Division 117 until an ordinance of the corporate authorities
16providing therefor has been duly passed. This ordinance shall
17set forth the action proposed, shall describe the plant,
18equipment, and property proposed to be acquired or constructed,
19and shall provide for the issuance of bonds, mortgage
20certificates, or special assessment bonds, as authorized in
21this Division 117.
22    This ordinance shall not become effective until the
23question of its adoption is submitted to a referendum vote of
24the electors of the municipality. The municipal clerk shall
25certify the question for submission to the vote of the electors

 

 

SB0189- 252 -LRB101 06690 AWJ 51717 b

1of the municipality upon an initiating ordinance adopted by the
2corporate authorities.
3    The question shall be in substantially the following form:
4-------------------------------------------------------------
5    Shall the ordinance (stating       YES
6the nature of the proposed         --------------------------
7ordinance) be adopted?                 NO
8-------------------------------------------------------------
9    If a majority of the electors voting on the question of the
10adoption of the proposed ordinance vote in favor thereof, the
11ordinance shall thereupon become a valid and binding ordinance
12of the municipality.
13    Prior to the referendum upon this ordinance, the municipal
14clerk shall have the ordinance published at least once in one
15or more newspapers published in the municipality, or, if no
16newspaper is published therein, then in one or more newspapers
17with a general circulation within the municipality or on the
18municipality's website. This publication shall be not more than
1930 nor less than 15 days in advance of the election.
20(Source: P.A. 81-1489.)
 
21    (65 ILCS 5/11-118-3)  (from Ch. 24, par. 11-118-3)
22    Sec. 11-118-3. Whenever revenue bonds have been issued
23under this Division 118, the entire revenue received thereafter
24from the operation of the heating plant and system shall be
25deposited in a separate fund, designated the heating fund of

 

 

SB0189- 253 -LRB101 06690 AWJ 51717 b

1the municipality of ..... This revenue shall be used only in
2paying the cost of maintenance and operation of the heating
3plant and system and the principal of interest upon the bonds
4issued under this Division 118.
5    Rates charged for heating shall be sufficient to pay the
6cost of maintenance and operation and to pay the principal of
7and interest upon all bonds issued under this Division 118, for
8the construction of the heating plant and system. These rates
9shall not be reduced while any of these bonds are unpaid.
10    Revenue bonds issued under this Division 118 may be
11redeemed at any interest-paying date, by proceeding as follows:
12(1) a written notice shall be mailed to the holder of such a
13bond 30 days prior to an interest-paying date, notifying the
14holder that the bond will be redeemed on the next
15interest-paying date; or (2) if the holder of such a bond is
16unknown, then a notice describing the bond to be redeemed and
17the date of its redemption shall be published 30 days prior to
18an interest-paying date in one or more newspapers published in
19the municipality, or, if no newspaper is published therein,
20then in one or more newspapers with a general circulation
21within the municipality. The publication requirement may also
22be satisfied by publication of the notice on the municipality's
23website 30 days prior to an interest-paying date. In
24municipalities with less than 500 population in which no
25newspaper is published, publication may instead be made by
26posting a notice in 3 prominent places within the municipality.

 

 

SB0189- 254 -LRB101 06690 AWJ 51717 b

1When notice has been mailed to the holder of such a bond, or
2when notice has been published in a newspaper, in case the
3holder of the bond is unknown, the bond shall cease bearing
4interest from and after the next interest-paying date.
5(Source: Laws 1961, p. 576.)
 
6    (65 ILCS 5/11-122-2)  (from Ch. 24, par. 11-122-2)
7    Sec. 11-122-2. Subject to the provisions of Section
811-122-6, every city may lease street railways, or any part
9thereof, owned by the city to any company incorporated under
10the laws of this state for the purpose of operating street
11railways for any period, not longer than 20 years, on such
12terms and conditions as the city council deems for the best
13interests of the public.
14    Such a city has the power to incorporate in any grant of
15the right to construct or operate street railways a reservation
16of the right on the part of the city to take over all or part of
17those street railways, at or before the expiration of the
18grant, upon such terms and conditions as may be provided in the
19grant. The city also has the power to provide in such a grant
20that in case the reserved right is not exercised by the city
21and the city grants a right to another company to operate a
22street railway in the streets or part of the streets occupied
23by its grantee under the former grant, the new grantee shall
24purchase and take over the street railways of the former
25grantee upon the terms that the city might have taken them

 

 

SB0189- 255 -LRB101 06690 AWJ 51717 b

1over. The city council of the city has the power to make a
2grant, containing such a reservation, for either the
3construction or operation or both the construction and
4operation of a street railway in, upon, and along any of the
5streets or public ways therein, or portions thereof, in which
6street railway tracks are already located at the time of the
7making of the grant, without the petition or consent of any of
8the owners of the land abutting or fronting upon any street or
9public way, or portion thereof, covered by the grant.
10    No ordinance authorizing a lease for a longer period than 5
11years, nor any ordinance renewing any lease, shall go into
12effect until the expiration of 30 days from and after its
13publication. The ordinance shall be published in a newspaper of
14general circulation in the city or on the municipality's
15website. The publication or posting of the ordinance shall be
16accompanied by a notice of (1) the specific number of voters
17required to sign a petition requesting the question of
18authorizing the lease of a street railway for a period longer
19than 5 years to be submitted to the electors; (2) the time in
20which such petition must be filed; and (3) the date of the
21prospective referendum. The city clerk shall provide a petition
22form to any individual requesting one. And if, within that 30
23days, there is filed with the city clerk a petition signed by
24voters in the municipality equal to 10% or more of the
25registered voters in the municipality, asking that the
26ordinance be submitted to a popular vote, the ordinance shall

 

 

SB0189- 256 -LRB101 06690 AWJ 51717 b

1not go into effect unless the question of its adoption is first
2submitted to the electors of the city and approved by a
3majority of those voting thereon.
4    The signatures to the petition need not all be on one paper
5but each signer shall add to his signature, which shall be in
6his own handwriting, his place of residence, giving the street
7and number. One of the signers of each such paper shall make
8oath before an officer competent to administer oaths, that each
9signature on the paper is the genuine signature of the person
10whose name it purports to be.
11    In case of the leasing by any city of any street railway
12owned by it, the rental reserved shall be based on both the
13actual value of the tangible property and of the franchise
14contained in the lease, and the rental shall not be less than a
15sufficient sum to meet the annual interest upon all outstanding
16bonds or street railway certificates issued by the city on
17account of that street railway.
18(Source: P.A. 87-767.)
 
19    (65 ILCS 5/11-122-8)  (from Ch. 24, par. 11-122-8)
20    Sec. 11-122-8. Any city having a population of less than
21500,000 which has constructed, acquired, or purchased street
22railways under "An Act to authorize cities to acquire,
23construct, own, operate and lease street railways, to provide
24the means therefor, and to provide for the discontinuance of
25such operation and ownership," approved May 18, 1903, as

 

 

SB0189- 257 -LRB101 06690 AWJ 51717 b

1amended, or under this Division 122, by ordinance of the city
2council may provide for the discontinuance of their operation
3and maintenance and may provide for the sale or disposal, in
4such manner as the city council may determine, of the property
5and equipment so constructed, acquired, or purchased.
6    This ordinance shall not become effective until the
7question of its adoption is certified by the clerk and
8submitted to a referendum vote of the electors of the city at
9an election designated in the ordinance. At that election, the
10ordinance shall be submitted without alteration to the vote of
11the electors of the city.
12    The question shall be in substantially the following form:
13-------------------------------------------------------------
14    Shall the ordinance (stating       YES
15the nature of the proposed        ---------------------------
16ordinance) be adopted?                 NO
17-------------------------------------------------------------
18    If a majority of the electors voting on the question of the
19adoption of the proposed ordinance vote in favor thereof, the
20ordinance shall thereupon become a valid and binding ordinance
21of the city.
22    Prior to the election upon this ordinance, the city clerk
23shall have the ordinance published at least once in one or more
24newspapers published in the city, or, if no newspaper is
25published therein, then in one or more newspapers with a
26general circulation within the city. The publication

 

 

SB0189- 258 -LRB101 06690 AWJ 51717 b

1requirement may also be satisfied by publication of the
2ordinance on the city's website. This publication shall be not
3more than 30 nor less than 15 days in advance of the election.
4(Source: P.A. 81-1489.)
 
5    (65 ILCS 5/11-122.1-1)  (from Ch. 24, par. 11-122.1-1)
6    Sec. 11-122.1-1. Any municipality shall have power to
7contract for the operation of a privately owned, local
8passenger transportation system or a portion thereof within its
9corporate limits or within a radius of one-half mile thereof
10upon terms satisfactory to it and to the owner of said system.
11By such contract, the municipality may bind itself to pay to
12said owner and operator such sums as may be sufficient, when
13added to the fares collected from its patrons by the operator,
14to equal an agreed cost of said service, which cost may include
15an allowance for depreciation and a reasonable sum for
16operating and maintaining said transportation system or
17portion thereof. Such contract shall provide that the
18municipality may fix the fares to be charged and the service to
19be rendered by the operator; and a municipality entering into
20such contract shall have exclusive jurisdiction and control of
21rates of fare to be charged and service to be provided by such
22contracting, owning and operating company for the
23transportation to be provided pursuant to such contract. Upon
24the execution of such a contract and within 10 days after its
25effective date the owner of the system shall file 3 copies of

 

 

SB0189- 259 -LRB101 06690 AWJ 51717 b

1such contract certified by the clerk of the municipal
2corporation executing the same with the Illinois Commerce
3Commission and shall cause public notice of such contract to be
4published in a newspaper of general circulation in the area to
5be served pursuant to such contract or on the municipality's
6website. Thereafter the Illinois Commerce Commission shall
7enter an order suspending that portion of the operating rights
8of the owner of the system covered by the provisions of such
9contract for the period covered by the contract. Such order
10shall direct continued compliance by the owner of the system
11with the provisions of Sections 55a and 55b of "An Act
12concerning public utilities", approved June 29, 1921, as
13amended.
14(Source: Laws 1965, p. 2850.)
 
15    (65 ILCS 5/11-123-9)  (from Ch. 24, par. 11-123-9)
16    Sec. 11-123-9. When any city or village and the owner or
17claimant have agreed upon a boundary line as provided in
18Section 11-123-8, the city or village shall commence a civil
19action in the circuit court of the county in which the land is
20situated, praying that the boundary line be established and
21confirmed by judgment of the court. All persons interested in
22the land as owners or otherwise, who appear of record, if
23known, or if not known, upon stating the fact, shall be made
24parties defendant. Interested persons whose names are unknown
25may be made parties defendant by the description of unknown

 

 

SB0189- 260 -LRB101 06690 AWJ 51717 b

1owners, but in all cases an affidavit shall be filed by or on
2behalf of the municipality, setting forth that the names of
3these persons are unknown.
4    The municipality shall publish notice of the commencement
5of the action once a week for 3 consecutive weeks, in one or
6more newspapers published in the municipality, or, if no
7newspaper is published therein, then in one or more newspapers
8with a general circulation within the municipality. The
9publication requirement may also be satisfied by publication of
10the notice on the municipality's website once a week for 3
11successive weeks. In municipalities with less than 500
12population in which no newspaper is published, publication may
13instead be made by posting a notice in 3 prominent places
14within the municipality. The notices shall contain the title of
15the action and the return day at which the defendants are to
16appear, and the last of the notices shall be published not less
17than 10 nor more than 20 days before the return day. The
18defendants who do not enter their appearances shall be served
19with process and the proceedings in the action shall be
20conducted in the same manner as provided by the Civil Practice
21Law, as heretofore and hereafter amended and the Supreme Court
22Rules, now or hereafter adopted, in relation to that Law,
23except as otherwise provided in this Division 123.
24    If upon a hearing the court finds that the rights and
25interests of the public have been duly conserved by the
26agreement, the court shall confirm the agreement and establish

 

 

SB0189- 261 -LRB101 06690 AWJ 51717 b

1the boundary line. Otherwise the court, in its discretion,
2shall dismiss the suit. If the boundary line agreed upon is so
3established and confirmed by a court judgment, it shall be the
4permanent boundary line thereafter and shall not be affected
5either by accretion or erosion.
6    The establishment of such a boundary line operates as a
7conveyance and release to the municipality of all the right,
8title, and interest of owners to all land, property, and
9property rights, including riparian rights, lying upon the
10outer or water side of the boundary line. The municipality is
11hereby granted by the State of Illinois the title to all land,
12property, and property rights, including riparian rights,
13lying upon the outer or water side of the boundary line when so
14established. The owners of the shore land are hereby granted by
15the State of Illinois the title to the adjacent, adjoining,
16submerged, or other land, whether of natural or artificial
17formation, as specifically and particularly described in the
18court judgment, lying upon the inner or land side of the
19boundary line when so established. These owners may fill in,
20improve, protect, and use, sell, and convey this land lying
21upon the inner or land side of the boundary line free from any
22adverse claim in any way arising out of any question as to
23where the shore line was at any time in the past, or as to the
24title to any existing accretions.
25(Source: P.A. 82-783.)
 

 

 

SB0189- 262 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-123-14)  (from Ch. 24, par. 11-123-14)
2    Sec. 11-123-14. Every city and village owning and
3operating, or owning and leasing any portion of a utility,
4shall keep the accounts for the utilities separate and distinct
5from other municipal accounts and in such manner as to show the
6true and complete financial standing and results of the
7municipal ownership and operation or of the municipal ownership
8and leasing, as the case may be. These accounts shall be so
9kept as to show: (1) the actual cost of the municipality of the
10utilities owned; (2) all costs of maintenance, extension, and
11improvement; (3) all operating expenses of every description,
12in case of municipal operation, whether of the whole or of a
13part of the utilities; (4) if water or other service is
14furnished for the use of the utilities without charge, as
15nearly as possible, the value of that service, and also the
16value of any service rendered by the utilities to any
17reasonable allowances for interest, depreciation, and other
18municipal department without charge; (5) insurance; and (6)
19estimates of the amount of taxes that would be chargeable
20against the utilities if owned by a private corporation. The
21corporate authorities of the municipality shall have printed
22annually for public distribution, a report showing the
23financial standing and results, in the form specified in this
24section, of the municipal ownership and operation, or of
25municipal ownership and leasing. This report shall be published
26in one or more newspapers published in the municipality, or, if

 

 

SB0189- 263 -LRB101 06690 AWJ 51717 b

1no newspaper is published therein, then in one or more
2newspapers with a general circulation within the municipality.
3The publication requirement may also be satisfied by
4publication of the report on the municipality's website. In
5municipalities with less than 500 population in which no
6newspaper is published, publication may instead be made by
7posting a notice in 3 prominent places within the municipality.
8    The accounts of the utilities shall be examined at least
9once a year by a licensed Certified Public Accountant permitted
10to perform audits under the Illinois Public Accounting Act, who
11shall report to the corporate authorities the results of his
12examination. This accountant shall be selected in such manner
13as the corporate authorities may direct, and he shall receive
14for his services such compensation, to be paid out of the
15revenue from the utilities, as the corporate authorities may
16prescribe.
17(Source: P.A. 94-465, eff. 8-4-05.)
 
18    (65 ILCS 5/11-126-1)  (from Ch. 24, par. 11-126-1)
19    Sec. 11-126-1. Each municipality may provide for a supply
20of water for fire protection and for the use of the inhabitants
21of the municipality (1) by constructing and maintaining a
22system of waterworks, or (2) by uniting with any adjacent
23municipality in constructing and maintaining a system of
24waterworks for the joint use of those municipalities, or (3) by
25procuring such a supply of water from any adjacent municipality

 

 

SB0189- 264 -LRB101 06690 AWJ 51717 b

1already having waterworks.
2    All contracts for the construction of such a system of
3waterworks or any part thereof shall be let to the lowest
4responsible bidder therefor, upon not less than 3 weeks' public
5notice of the terms and conditions upon which the contract is
6to be let having been given by publication in a newspaper
7published in the municipality, or if no newspaper is published
8therein, then in some newspaper published in the county. The
9publication requirement may also be satisfied by publication of
10the notice on the municipality's website for not less than 3
11successive weeks. No member of the corporate authorities shall
12be directly or indirectly interested in such a contract. In all
13cases the corporate authorities have the right to reject any
14and all bids that may not be satisfactory to them.
15(Source: Laws 1961, p. 576.)
 
16    (65 ILCS 5/11-127-1)  (from Ch. 24, par. 11-127-1)
17    Sec. 11-127-1. In all municipalities where waterworks have
18been constructed, the corporate authorities of the
19municipality may purchase or lease the waterworks from the
20owner thereof. However, such a lease or purchase is not binding
21upon the municipality until the corporate authorities pass an
22ordinance which includes the terms of the lease or purchase
23therein. This ordinance shall be published at least once,
24within 10 days after passage, in one or more newspapers
25published in the municipality, or, if no newspaper is published

 

 

SB0189- 265 -LRB101 06690 AWJ 51717 b

1therein, then in one or more newspapers with a general
2circulation within the municipality. The publication
3requirement may also be satisfied by publication of the
4ordinance on the municipality's website within 10 days after
5its passage. In municipalities with less than 500 population in
6which no newspaper is published, publication may instead be
7made by posting a notice in 3 prominent places within the
8municipality.
9    The publication or posting of the ordinance shall be
10accompanied by a notice of (1) the specific number of voters
11required to sign a petition requesting the question of
12authorizing the purchase or lease of waterworks to be submitted
13to the electors; (2) the time in which such petition must be
14filed; and (3) the date of the prospective referendum. The city
15clerk shall provide a petition form to any individual
16requesting one.
17    If no petition is submitted to the corporate authorities,
18as provided in this section, within 30 days after the ordinance
19is so published and posted, the corporate authorities may
20consummate the lease or purchase provided for in the ordinance.
21But if within this period of 30 days there is presented to the
22corporate authorities a petition signed by electors of the
23municipality numbering 10% or more of the number of registered
24voters in the municipality asking that the question, whether
25the lease or purchase should be made, be submitted to a vote,
26the corporate authorities by ordinance shall designate the

 

 

SB0189- 266 -LRB101 06690 AWJ 51717 b

1election at which the electors of the municipality may vote
2upon that question and the city clerk shall promptly certify
3the proposition for submission. If a majority of the electors
4voting upon that question vote in favor of making the lease or
5purchase, then the corporate authorities shall proceed to
6complete the lease or purchase. But if a majority of the votes
7cast on the question are against the lease or purchase, the
8corporate authorities shall proceed no further with the lease
9or purchase for the period of 6 months next ensuing.
10(Source: P.A. 87-767.)
 
11    (65 ILCS 5/11-128-2)  (from Ch. 24, par. 11-128-2)
12    Sec. 11-128-2. Whenever any specified municipality desires
13to avail itself of the provisions of this Division 128, the
14corporate authorities by ordinance or resolution may contract
15for the purchase, construction, or enlargement of waterworks
16for a provisionally certain fixed sum. The contract for
17purchase, construction, or enlargement, together with a report
18from the municipal engineer recommending the same, shall be
19published at least once a week for 3 consecutive weeks in a
20newspaper with a general circulation in the municipality or on
21the municipality's website once a week for 3 consecutive weeks.
22The corporate authorities shall also provide in the specified
23ordinance or resolution for the levying of a direct annual tax
24as authorized in Section 11-128-1. The total of this tax for
25the term levied, together with the annual revenue which is

 

 

SB0189- 267 -LRB101 06690 AWJ 51717 b

1estimated to be derived from the waterworks, shall be
2sufficient to pay the contract price for the waterworks,
3together with interest thereon. However, the contract for the
4purchase, construction, or enlargement, and this tax, shall not
5be valid or binding until confirmed by a vote as provided by
6Section 11-128-3.
7(Source: Laws 1961, p. 576.)
 
8    (65 ILCS 5/11-129-4)  (from Ch. 24, par. 11-129-4)
9    Sec. 11-129-4. Within 10 days after an ordinance for any
10project under this Division 129 has been passed, it shall be
11published at least once in one or more newspapers published in
12the municipality, or, if no newspaper is published therein,
13then in one or more newspapers with a general circulation
14within the municipality. The publication requirement may also
15be satisfied by publication of the ordinance on the
16municipality's website within 10 days after its passage. In
17municipalities with less than 500 population in which no
18newspaper is published, publication may instead be made by
19posting a notice in 3 prominent places within the municipality.
20    If the ordinance authorizes the issuance of revenue bonds
21for the purpose of purchasing an existing waterworks system and
22if the revenue thereof (after proper adjustments and
23elimination of nonrecurring charges under public ownership
24based upon the average annual receipts and expenditures for the
253 calendar years next preceding the date of the adoption of the

 

 

SB0189- 268 -LRB101 06690 AWJ 51717 b

1ordinance as shown by the annual reports for those years made
2by the owners to the Illinois Commerce Commission) is
3sufficient (1) to pay all operating and maintenance expenses,
4(2) to pay into a depreciation fund a reasonable amount as a
5depreciation reserve, and (3) to provide for the payment when
6due of the principal of and interest upon the bonds proposed to
7be issued to purchase the waterworks system, the ordinance
8authorizing the issuance of those revenue bonds shall be in
9effect immediately upon its adoption and publication, or
10posting, as provided in this section, notwithstanding any
11provision in this Code or any other law to the contrary.
12    If the ordinance authorizes the issuance of revenue bonds
13for the purpose of extending or improving an existing
14waterworks system, after its acquisition, or a presently
15municipally owned and operated waterworks system, and if the
16ordinance specifies that those extensions or improvements are
17to be paid for, either in whole or in part, by a loan or grant,
18or both, from any federal agency, the ordinance authorizing the
19issuance of those revenue bonds shall be in effect immediately
20upon its adoption and publication, or posting, as provided in
21this section, notwithstanding any provision in this Code or any
22other law to the contrary.
23    The fact as to the sufficiency of the revenue in case of
24the purchase of an existing waterworks system, or of the
25intention of the corporate authorities to pay the cost of the
26proposed extensions or improvements to an existing system

 

 

SB0189- 269 -LRB101 06690 AWJ 51717 b

1proposed to be purchased, or to a presently municipally owned
2system, by a loan or grant, or both, from a federal agency
3shall be determined by the ordinance authorizing the revenue
4bonds and that determination when so expressed in that
5ordinance shall be conclusive.
6    In all other cases, if no petition is filed with the
7municipal clerk, as provided in this section, within 30 days
8after the publication, or posting, of the ordinance, then,
9after the expiration of those 30 days, the ordinance shall be
10in effect. The publication or posting of an ordinance which
11does not take effect immediately shall be accompanied by a
12notice of (1) the specific number of voters required to sign a
13petition requesting the question of authorizing the issuance of
14revenue bonds for the purpose of building, purchasing,
15improving or extending the waterworks or water supply system to
16be submitted to the electors; (2) the time in which such
17petition must be filed; and (3) the date of the prospective
18referendum. The municipal clerk shall provide a petition form
19to any individual requesting one. But if within this period of
2030 days a petition is filed with the municipal clerk signed by
21electors of the municipality numbering 10% or more of the
22number of registered voters in the municipality, asking that
23the question of building, purchasing, improving, or extending
24the waterworks or water supply system and the issuance of
25revenue bonds therefor, as provided in the ordinance, be
26submitted to the electors of the municipality, the clerk shall

 

 

SB0189- 270 -LRB101 06690 AWJ 51717 b

1certify the proposition for submission at an election in
2accordance with the general election law.
3    If a majority of the votes cast on the question are in
4favor thereof, the ordinance shall be in effect. But if a
5majority of the votes cast on the question are unfavorable, the
6municipality shall proceed no further and the ordinance shall
7not take effect.
8(Source: P.A. 87-767.)
 
9    (65 ILCS 5/11-130-4)  (from Ch. 24, par. 11-130-4)
10    Sec. 11-130-4. Within 10 days after such an ordinance has
11been passed it shall be published at least once, with a notice
12to all persons concerned stating that the ordinance has been
13adopted in one or more newspapers published in the
14municipality, or, if no newspaper is published therein, then in
15one or more newspapers with a general circulation within the
16municipality. The publication requirement may also be
17satisfied by publication of the ordinance on the municipality's
18website within 10 days after its passage. In municipalities
19with less than 500 population in which no newspaper is
20published, publication may instead be made by posting a notice
21in 3 prominent places within the municipality. Such notice
22shall state that the municipality contemplates the issuance of
23the bonds described in the ordinance, and that any person
24interested may appear before the corporate authorities upon a
25certain date, which shall not be less than 10 days subsequent

 

 

SB0189- 271 -LRB101 06690 AWJ 51717 b

1to the publication or posting of the ordinance and notice, and
2present protests. At this hearing all objections and
3suggestions shall be heard, and the corporate authorities shall
4take such action as they shall deem proper in the premises.
5(Source: Laws 1961, p. 576.)
 
6    (65 ILCS 5/11-130-12)  (from Ch. 24, par. 11-130-12)
7    Sec. 11-130-12. Whenever all of the holders of unpaid water
8revenue certificates of a particular issue, which were issued
9prior to July 8, 1927, to pay the cost of constructing
10waterworks and are payable from the revenue thereof, offer in
11writing to exchange the certificates for refunding revenue
12bonds to be issued under this Division 130, the corporate
13authorities shall receive the certificates, and if found to be
14properly executed, may adopt an ordinance incorporating
15therein the offer of the certificate holders. This ordinance
16shall set forth the determined value of the waterworks as it
17then exists, the value of as much of the waterworks as was paid
18for by the issue of certificates, the unpaid portion of which
19are proposed to be refunded, and the details in connection with
20the issuance of the refunding revenue bonds in the same manner
21as is provided for in this Division 130. The ordinance also
22shall fix the minimum rates to be charged for water and pledge
23that revenue, if and when the refunding revenue bonds are
24issued, to pay these refunding revenue bonds. The revenue shall
25be applied as provided in this Division 130 and particularly in

 

 

SB0189- 272 -LRB101 06690 AWJ 51717 b

1Sections 11-130-8 and 11-130-9.
2    The amount of the refunding revenue bonds shall not exceed
3and may be less than the par amount of the certificates to be
4surrendered and shall not exceed and may be less than the
5determined value of so much of the waterworks as was paid for
6by that issue of certificates, less the amount of certificates
7paid. The ordinance shall be published, or posted, together
8with a notice of a hearing thereon, and a hearing shall be had
9thereon, in the same manner as is provided in this Division
10130, including on the municipality's website. After such a
11hearing the refunding revenue bonds specified in the offer may
12be issued, or a less amount thereof may be issued with the
13consent of the certificate holders, or the ordinance may be
14repealed, as the corporate authorities shall determine. If the
15refunding revenue bonds are issued, the certificates shall be
16surrendered and cancelled simultaneously therewith. Refunding
17revenue bonds issued under this Division 130 shall be payable
18only out of revenue derived from the waterworks as provided in
19the ordinance and according to the terms of this Division 130.
20Holders of refunding revenue bonds issued under this Division
21130 have rights similar to those of holders of revenue bonds
22issued under this Division 130, including the power to apply
23for a receiver to operate the waterworks. The municipality is
24under the same obligations to the refunding bondholders as it
25is to holders of revenue bonds issued under this Division 130.
26(Source: Laws 1961, p. 576.)
 

 

 

SB0189- 273 -LRB101 06690 AWJ 51717 b

1    (65 ILCS 5/11-133-2)  (from Ch. 24, par. 11-133-2)
2    Sec. 11-133-2. The corporate authorities of any
3municipality availing itself of the provisions of this Division
4133, shall adopt an ordinance describing in a general way the
5improvements and extensions to be made and refer to the plans
6and specifications therefor prepared for that purpose. These
7plans and specifications shall be open to the inspection of the
8public. This ordinance shall set out the estimated cost of the
9improvements and extensions and shall fix the amount of
10certificates proposed to be issued, the maturity, interest
11rate, and all details in respect thereof. After this ordinance
12has been adopted and approved, it shall be published once in a
13newspaper published and having a general circulation in the
14municipality or on the municipality's website. This ordinance
15shall be in effect after the expiration of 10 days from the
16date of this publication.
17    Certificates of indebtedness issued under this Division
18133, shall be payable solely from the revenue derived from the
19waterworks system, and these certificates shall not in any
20event constitute an indebtedness of the municipality within the
21meaning of the constitutional limitation. It shall be plainly
22stated on the face of each certificate that it has been issued
23under the provisions of this Division 133, and that it does not
24constitute an indebtedness of the municipality within any
25constitutional or statutory limitation. The total amount of

 

 

SB0189- 274 -LRB101 06690 AWJ 51717 b

1these certificates that may be issued during the 8 years'
2period of 1958 to 1965 both inclusive, shall not exceed
3$150,000,000, which certificates may be issued from time to
4time within the 8 years' period. The total amount of these
5certificates that may be issued during the six year period of
61966 to 1971 both inclusive, shall not exceed $60,000,000 which
7certificates may be issued from time to time within the six
8year period. The total amount of these certificates that may be
9issued in the year 1972 shall not exceed $5,000,000 and in the
10year of 1973 and each year thereafter shall not exceed
11$10,000,000.
12    This amendatory Act of 1973 is not a limit upon any
13municipality which is a home rule unit.
14(Source: P.A. 78-211.)
 
15    (65 ILCS 5/11-135-5)  (from Ch. 24, par. 11-135-5)
16    Sec. 11-135-5. Whenever bonds are issued under this
17Division 135 the revenue received from the operation of the
18properties under the control of the commission shall be set
19aside as collected and deposited in a separate fund to be used
20only (1) in paying the cost of the operation and maintenance of
21those properties, (2) in providing an adequate depreciation
22fund, (3) in paying the principal of and interest upon the
23revenue bonds issued by the commission, as provided by this
24Division 135, (4) to comply with the covenants of the ordinance
25or resolution authorizing the issuance of such bonds, and (5)

 

 

SB0189- 275 -LRB101 06690 AWJ 51717 b

1to carry out the corporate purposes and powers of the
2commission.
3    In case the commission has charge of the operation of a
4complete waterworks system, including the distribution mains,
5the commission shall establish rates and charges for water
6which shall be sufficient at all times to pay the cost of
7operation and maintenance, to provide an adequate depreciation
8fund, to pay the principal of and interest upon all revenue
9bonds issued as provided by this Division 135, to comply with
10the covenants of the ordinance or resolution authorizing the
11issuance of such bonds, and to carry out the corporate purposes
12and powers of the commission. Charges and rates shall be
13established, revised, and maintained by ordinance and become
14payable as the commission may determine by ordinance.
15    In case the commission has charge of the operation of a
16common source of supply of water, the municipalities
17represented by the commission shall contract with the
18commission for water. These municipalities shall establish
19such charges and rates for water supplied by them to consumers
20as will be sufficient at all times (1) to pay the cost of
21operation and maintenance of the respective waterworks systems
22(or waterworks and sewerage systems, where combined) of the
23municipalities, (2) to provide an adequate depreciation fund
24therefor, (3) to pay the principal of and interest on all
25revenue bonds of the municipalities payable from the revenues
26of the waterworks system (or combined waterworks and sewerage

 

 

SB0189- 276 -LRB101 06690 AWJ 51717 b

1system), and (4) to pay the charges and rates established by
2the commission for the sale of water by the commission to those
3municipalities. The commission shall establish such charges
4and rates for water supplied to those municipalities as will be
5sufficient at all times (1) to pay the cost of operation and
6maintenance of the common source of supply of water, (2) to
7provide an adequate depreciation fund therefor, (3) to pay the
8principal of and interest on the revenue bonds issued by the
9commission, (4) to comply with the covenants of the ordinance
10or resolution authorizing the issuance of such bonds, and (5)
11to carry out the corporate purposes and powers of the
12commission, under the provisions of this Division 135.
13Contracts entered into between the commission and the specified
14municipalities shall include covenants for the establishment
15of rates and charges as provided in this section.
16    Municipality contributions to the Illinois Municipal
17Retirement Fund, by commissions created under this Division 135
18which have been included under that Fund, shall be considered a
19cost of operation and maintenance for the purposes of this
20Section.
21    Any holder of a bond or of any of its coupons, issued under
22this Division 135, in any civil action, mandamus, or other
23proceeding, may enforce and compel performance of all duties
24required by this Division 135 to be performed by such a
25commission or by any of the municipalities, including the
26making of rates and charges, the collecting of sufficient

 

 

SB0189- 277 -LRB101 06690 AWJ 51717 b

1revenue, and the application thereof, as provided in this
2Division 135.
3    All contracts for the construction of a waterworks system
4or of a common source of supply of water, or both, to be let by
5such a commission, shall be entered into only after advertising
6for bids, pursuant to a resolution to be adopted for that
7purpose by the commission. A notice inviting bids shall be
8published in a newspaper published and having a general
9circulation in the county or counties in which the
10municipalities represented by the commission are located or on
11the commission's website, not more than 30 nor less than 15
12days in advance of the receipt of the bids. The notice shall be
13published at least twice. In the resolution directing the
14advertising for bids the commission also shall establish all
15requirements necessary for the bidding, for the awarding of
16contracts, and for the approval of contractors' faithful
17performance bonds.
18(Source: P.A. 82-641.)
 
19    (65 ILCS 5/11-136-5)  (from Ch. 24, par. 11-136-5)
20    Sec. 11-136-5. Whenever bonds are issued under this
21Division 136 the revenue received from the operation of the
22properties under the control of the commission shall be set
23aside as collected and deposited in a separate fund to be used
24only (1) in paying the cost of the operation and maintenance of
25those properties, (2) in providing an adequate depreciation

 

 

SB0189- 278 -LRB101 06690 AWJ 51717 b

1fund, and (3) in paying the principal of and interest upon the
2revenue bonds issued by the commission, as provided by this
3Division 136.
4    In case the commission has charge of the operation of a
5complete waterworks system or sewer system including the
6distribution mains, the commission shall establish rates and
7charges for water or sewer service or both which shall be
8sufficient at all times to pay the cost of operation and
9maintenance, to provide an adequate depreciation fund, and to
10pay the principal of and interest upon all revenue bonds issued
11as provided by this Division 136. The rates for water and sewer
12service need not be the same nor do rates for the same type of
13service have to be identical in the several municipalities
14constituting the commission but shall be equitably based upon
15the net plant account and the expenses of operation in each
16municipality. Charges and rates shall be established, revised,
17and maintained by ordinance and become payable as the
18commission may determine by ordinance.
19    In case the commission has charge of the operation of
20sources of supply of water, the municipalities specified in
21Section 11-136-1 represented by the commission shall contract
22with the commission for water. These municipalities shall
23establish such charges and rates for water supplied by them to
24consumers as will be sufficient at all times (1) to pay the
25cost of operation and maintenance of the respective waterworks
26systems of the municipalities, (2) to provide an adequate

 

 

SB0189- 279 -LRB101 06690 AWJ 51717 b

1depreciation fund therefor, and (3) to pay the charges and
2rates established by the commission for the sale of water by
3the commission to those municipalities, and the commission
4shall establish such charges and rates for water supplied to
5those municipalities as will be sufficient at all times (1) to
6pay the cost of operation and maintenance of the common source
7of supply of water, (2) to provide an adequate depreciation
8fund therefor, and (3) to pay the principal of and interest on
9the revenue bonds issued by the commission, under the
10provisions of this Division 136. Contracts entered into between
11the commission and the specified municipalities shall include
12covenants for the establishment of rates and charges as
13provided in this section.
14    Municipality contributions to the Illinois Municipal
15Retirement Fund, by commissions created under this Division 136
16which have been included under that Fund, shall be considered a
17cost of operation and maintenance for the purposes of this
18Section.
19    Any holder of a bond or of any of its coupons, issued under
20this Division 136, in any civil action, mandamus, or other
21proceedings, may enforce and compel performance of all duties
22required by this Division 136 to be performed by such a
23commission or by any of the municipalities, including the
24making of rates and charges, the collecting of sufficient
25revenue, and the application thereof, as provided in this
26Division 136.

 

 

SB0189- 280 -LRB101 06690 AWJ 51717 b

1    All contracts for the construction of a waterworks system
2or sources of supply of water, or sewer systems, or any
3combination thereof, to be let by such a commission, shall be
4entered into only after advertising for bids, pursuant to a
5resolution to be adopted for that purpose by the commission. A
6notice inviting bids shall be published in a newspaper
7published and having a general circulation in the county or
8counties in which the municipalities represented by the
9commission are located or on the commission's website, not more
10than 30 nor less than 15 days in advance of the receipt of the
11bids. The notice shall be published at least twice. In the
12resolution directing the advertising for bids the commission
13also shall establish all requirements necessary for the
14bidding, for the awarding of contracts, and for the approval of
15contractors' faithful performance bonds.
16(Source: P.A. 80-425.)
 
17    (65 ILCS 5/11-137-2)  (from Ch. 24, par. 11-137-2)
18    Sec. 11-137-2. In all municipalities where any person has
19constructed a waterworks or sewerage system, or both, the
20municipality may purchase or lease that waterworks or sewerage
21system, or both, from the owners thereof, subject to the
22provisions of this Division 137.
23    Before such a lease or purchase is binding upon the
24municipality, the corporate authorities shall pass an
25ordinance authorizing the municipality to lease or purchase

 

 

SB0189- 281 -LRB101 06690 AWJ 51717 b

1that waterworks or sewerage system, or both, and shall include
2in the ordinance the terms, as near as practicable, upon which
3the lease or purchase shall be made. The ordinance shall be
4published at least once, within 10 days after passage, in one
5or more newspapers published in the municipality, or, if no
6newspaper is published therein, then in one or more newspapers
7with a general circulation within the municipality. The
8publication requirement may also be satisfied by publication of
9the ordinance on the municipality's website within 10 days
10after its passage. In municipalities with less than 500
11population in which no newspaper is published, publication may
12instead be made by posting a notice in 3 prominent places
13within the municipality.
14    The publication or posting of the ordinance shall be
15accompanied by a notice of (1) the specific number of voters
16required to sign a petition requesting the question of
17authorizing the lease or purchase of a waterworks or sewerage
18system to be submitted to the electors; (2) the time in which
19such petition must be filed; and (3) the date of the
20prospective referendum. The municipal clerk shall provide a
21petition form to any individual requesting one.
22    If no petition is presented to the corporate authorities as
23hereinafter provided, within 30 days after the ordinance is so
24published and posted, the corporate authorities may consummate
25the lease or purchase of that waterworks or sewerage system, or
26both, as provided in the ordinance. If within 30 days after the

 

 

SB0189- 282 -LRB101 06690 AWJ 51717 b

1first publication of the ordinance a petition is filed with the
2municipal clerk signed by electors of the municipality
3numbering 10% or more of the number of registered voters in the
4municipality, asking that the question of leasing or purchasing
5that waterworks or sewerage system, or both, as provided in the
6ordinance, be submitted to a vote, the clerk shall certify the
7proposition and the corporate authorities shall designate an
8election at which the question shall be submitted. If a
9majority of the votes cast on the question are in favor
10thereof, the corporate authorities may complete the lease or
11purchase, but if a majority of the votes cast on the question
12are unfavorable, no further action shall be taken by the
13municipality for a period of not less than 6 months.
14Thereafter, the same or another question may be submitted as
15before.
16(Source: P.A. 87-767.)

 

 

SB0189- 283 -LRB101 06690 AWJ 51717 b

1 INDEX
2 Statutes amended in order of appearance
3    35 ILCS 200/18-75
4    35 ILCS 200/18-120
5    35 ILCS 200/27-30
6    50 ILCS 305/1from Ch. 85, par. 601
7    50 ILCS 330/3from Ch. 85, par. 803
8    50 ILCS 450/8from Ch. 85, par. 928
9    50 ILCS 470/20
10    65 ILCS 5/1-2-4from Ch. 24, par. 1-2-4
11    65 ILCS 5/2-4-4from Ch. 24, par. 2-4-4
12    65 ILCS 5/3.1-35-65from Ch. 24, par. 3.1-35-65
13    65 ILCS 5/3.1-35-125from Ch. 24, par. 3.1-35-125
14    65 ILCS 5/4-5-16from Ch. 24, par. 4-5-16
15    65 ILCS 5/7-1-5.1from Ch. 24, par. 7-1-5.1
16    65 ILCS 5/7-1-5.2from Ch. 24, par. 7-1-5.2
17    65 ILCS 5/7-1-12from Ch. 24, par. 7-1-12
18    65 ILCS 5/7-1-13from Ch. 24, par. 7-1-13
19    65 ILCS 5/7-7-6from Ch. 24, par. 7-7-6
20    65 ILCS 5/8-1-12from Ch. 24, par. 8-1-12
21    65 ILCS 5/8-2-6from Ch. 24, par. 8-2-6
22    65 ILCS 5/8-2-9from Ch. 24, par. 8-2-9
23    65 ILCS 5/8-2-9.9from Ch. 24, par. 8-2-9.9
24    65 ILCS 5/8-3-19
25    65 ILCS 5/8-4-20from Ch. 24, par. 8-4-20

 

 

SB0189- 284 -LRB101 06690 AWJ 51717 b

1    65 ILCS 5/8-10-7from Ch. 24, par. 8-10-7
2    65 ILCS 5/9-1-6from Ch. 24, par. 9-1-6
3    65 ILCS 5/9-1-11from Ch. 24, par. 9-1-11
4    65 ILCS 5/9-2-52from Ch. 24, par. 9-2-52
5    65 ILCS 5/9-2-53from Ch. 24, par. 9-2-53
6    65 ILCS 5/9-2-79from Ch. 24, par. 9-2-79
7    65 ILCS 5/9-2-84from Ch. 24, par. 9-2-84
8    65 ILCS 5/9-2-103from Ch. 24, par. 9-2-103
9    65 ILCS 5/9-2-108from Ch. 24, par. 9-2-108
10    65 ILCS 5/9-2-113from Ch. 24, par. 9-2-113
11    65 ILCS 5/9-2-115from Ch. 24, par. 9-2-115
12    65 ILCS 5/9-2-123from Ch. 24, par. 9-2-123
13    65 ILCS 5/9-2-129from Ch. 24, par. 9-2-129
14    65 ILCS 5/9-3-11from Ch. 24, par. 9-3-11
15    65 ILCS 5/9-3-13from Ch. 24, par. 9-3-13
16    65 ILCS 5/9-3-25from Ch. 24, par. 9-3-25
17    65 ILCS 5/9-3-32from Ch. 24, par. 9-3-32
18    65 ILCS 5/9-3-36from Ch. 24, par. 9-3-36
19    65 ILCS 5/9-3-46from Ch. 24, par. 9-3-46
20    65 ILCS 5/11-4-8from Ch. 24, par. 11-4-8
21    65 ILCS 5/11-7-3from Ch. 24, par. 11-7-3
22    65 ILCS 5/11-13-2from Ch. 24, par. 11-13-2
23    65 ILCS 5/11-13-6from Ch. 24, par. 11-13-6
24    65 ILCS 5/11-13-14from Ch. 24, par. 11-13-14
25    65 ILCS 5/11-13-26
26    65 ILCS 5/11-14-3from Ch. 24, par. 11-14-3

 

 

SB0189- 285 -LRB101 06690 AWJ 51717 b

1    65 ILCS 5/11-15.1-3from Ch. 24, par. 11-15.1-3
2    65 ILCS 5/11-22-2from Ch. 24, par. 11-22-2
3    65 ILCS 5/11-23-3from Ch. 24, par. 11-23-3
4    65 ILCS 5/11-23-15from Ch. 24, par. 11-23-15
5    65 ILCS 5/11-29.1-2from Ch. 24, par. 11-29.1-2
6    65 ILCS 5/11-29.3-1from Ch. 24, par. 11-29.3-1
7    65 ILCS 5/11-31-1from Ch. 24, par. 11-31-1
8    65 ILCS 5/11-42-11from Ch. 24, par. 11-42-11
9    65 ILCS 5/11-48.3-11from Ch. 24, par. 11-48.3-11
10    65 ILCS 5/11-48.3-23from Ch. 24, par. 11-48.3-23
11    65 ILCS 5/11-48.3-25from Ch. 24, par. 11-48.3-25
12    65 ILCS 5/11-65-9from Ch. 24, par. 11-65-9
13    65 ILCS 5/11-71-3from Ch. 24, par. 11-71-3
14    65 ILCS 5/11-71-8from Ch. 24, par. 11-71-8
15    65 ILCS 5/11-74.2-4from Ch. 24, par. 11-74.2-4
16    65 ILCS 5/11-74.2-10from Ch. 24, par. 11-74.2-10
17    65 ILCS 5/11-74.2-11from Ch. 24, par. 11-74.2-11
18    65 ILCS 5/11-74.2-15from Ch. 24, par. 11-74.2-15
19    65 ILCS 5/11-74.2-18from Ch. 24, par. 11-74.2-18
20    65 ILCS 5/11-74.3-2from Ch. 24, par. 11-74.3-2
21    65 ILCS 5/11-74.3-6
22    65 ILCS 5/11-74.4-5from Ch. 24, par. 11-74.4-5
23    65 ILCS 5/11-74.4-6from Ch. 24, par. 11-74.4-6
24    65 ILCS 5/11-74.4-7from Ch. 24, par. 11-74.4-7
25    65 ILCS 5/11-74.6-22
26    65 ILCS 5/11-74.6-30

 

 

SB0189- 286 -LRB101 06690 AWJ 51717 b

1    65 ILCS 5/11-76-4.1from Ch. 24, par. 11-76-4.1
2    65 ILCS 5/11-76-4.2from Ch. 24, par. 11-76-4.2
3    65 ILCS 5/11-76.1-3from Ch. 24, par. 11-76.1-3
4    65 ILCS 5/11-76.2-2from Ch. 24, par. 11-76.2-2
5    65 ILCS 5/11-84-7from Ch. 24, par. 11-84-7
6    65 ILCS 5/11-91-1from Ch. 24, par. 11-91-1
7    65 ILCS 5/11-92-8from Ch. 24, par. 11-92-8
8    65 ILCS 5/11-94-2from Ch. 24, par. 11-94-2
9    65 ILCS 5/11-102-4bfrom Ch. 24, par. 11-102-4b
10    65 ILCS 5/11-102-7from Ch. 24, par. 11-102-7
11    65 ILCS 5/11-103-6from Ch. 24, par. 11-103-6
12    65 ILCS 5/11-103-12from Ch. 24, par. 11-103-12
13    65 ILCS 5/11-117-3from Ch. 24, par. 11-117-3
14    65 ILCS 5/11-118-3from Ch. 24, par. 11-118-3
15    65 ILCS 5/11-122-2from Ch. 24, par. 11-122-2
16    65 ILCS 5/11-122-8from Ch. 24, par. 11-122-8
17    65 ILCS 5/11-122.1-1from Ch. 24, par. 11-122.1-1
18    65 ILCS 5/11-123-9from Ch. 24, par. 11-123-9
19    65 ILCS 5/11-123-14from Ch. 24, par. 11-123-14
20    65 ILCS 5/11-126-1from Ch. 24, par. 11-126-1
21    65 ILCS 5/11-127-1from Ch. 24, par. 11-127-1
22    65 ILCS 5/11-128-2from Ch. 24, par. 11-128-2
23    65 ILCS 5/11-129-4from Ch. 24, par. 11-129-4
24    65 ILCS 5/11-130-4from Ch. 24, par. 11-130-4
25    65 ILCS 5/11-130-12from Ch. 24, par. 11-130-12
26    65 ILCS 5/11-133-2from Ch. 24, par. 11-133-2

 

 

SB0189- 287 -LRB101 06690 AWJ 51717 b

1    65 ILCS 5/11-135-5from Ch. 24, par. 11-135-5
2    65 ILCS 5/11-136-5from Ch. 24, par. 11-136-5
3    65 ILCS 5/11-137-2from Ch. 24, par. 11-137-2