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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-1005 as follows:
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6 | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
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7 | Sec. 5-1005. Powers. Each county shall have power:
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8 | 1. To purchase and hold the real and personal estate | ||||||
9 | necessary for the
uses of the county, and to purchase and | ||||||
10 | hold, for the benefit of the
county, real estate sold by | ||||||
11 | virtue of judicial proceedings in which the
county is | ||||||
12 | plaintiff.
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13 | 2. To sell and convey or lease any real or personal | ||||||
14 | estate owned
by the county.
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15 | 3. To make all contracts and do all other acts in | ||||||
16 | relation to the
property and concerns of the county | ||||||
17 | necessary to the exercise of its
corporate powers.
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18 | 4. To take all necessary measures and institute | ||||||
19 | proceedings to
enforce all laws for the prevention of | ||||||
20 | cruelty to animals.
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21 | 5. To purchase and hold or lease real estate upon which | ||||||
22 | may be
erected and maintained buildings to be utilized for | ||||||
23 | purposes of
agricultural experiments and to purchase, hold |
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1 | and use personal property
for the care and maintenance of | ||||||
2 | such real estate in connection with such
experimental | ||||||
3 | purposes.
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4 | 6. To cause to be erected, or otherwise provided, | ||||||
5 | suitable
buildings for, and maintain a county hospital and | ||||||
6 | necessary branch
hospitals and/or a county sheltered care | ||||||
7 | home or county nursing home for
the care of such sick, | ||||||
8 | chronically ill or infirm persons as may by law
be proper | ||||||
9 | charges upon the county, or upon other governmental units, | ||||||
10 | and
to provide for the management of the same. The county | ||||||
11 | board may
establish rates to be paid by persons seeking | ||||||
12 | care and treatment in such
hospital or home in accordance | ||||||
13 | with their financial ability to meet such
charges, either | ||||||
14 | personally or through a hospital plan or hospital
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15 | insurance, and the rates to be paid by governmental units, | ||||||
16 | including the
State, for the care of sick, chronically ill | ||||||
17 | or infirm persons admitted
therein upon the request of such | ||||||
18 | governmental units. Any hospital
maintained by a county | ||||||
19 | under this Section is authorized to provide any
service and | ||||||
20 | enter into any contract or other arrangement not prohibited | ||||||
21 | for
a hospital that is licensed under the Hospital | ||||||
22 | Licensing Act, incorporated
under the General | ||||||
23 | Not-For-Profit Corporation Act, and exempt from taxation
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24 | under paragraph (3) of subsection (c) of Section 501 of the | ||||||
25 | Internal Revenue Code.
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26 | 7. To contribute such sums of money toward erecting, |
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1 | building,
maintaining, and supporting any non-sectarian | ||||||
2 | public hospital located
within its limits as the county | ||||||
3 | board of the county shall deem proper.
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4 | 8. To purchase and hold real estate for the | ||||||
5 | preservation of forests,
prairies and other natural areas | ||||||
6 | and to maintain and regulate the use thereof.
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7 | 9. To purchase and hold real estate for the purpose of | ||||||
8 | preserving
historical spots in the county, to restore, | ||||||
9 | maintain and regulate the
use thereof and to donate any | ||||||
10 | historical spot to the State.
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11 | 10. To appropriate funds from the county treasury to be | ||||||
12 | used in
any manner to be determined by the board for the | ||||||
13 | suppression,
eradication and control of tuberculosis among | ||||||
14 | domestic cattle in such county.
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15 | 11. To take all necessary measures to prevent forest | ||||||
16 | fires and encourage
the maintenance and planting of trees | ||||||
17 | and the preservation of forests.
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18 | 12. To authorize the closing on Saturday mornings of | ||||||
19 | all
offices of all county officers at the county seat of | ||||||
20 | each county, and to
otherwise regulate and fix the days and | ||||||
21 | the hours of opening and closing
of such offices, except | ||||||
22 | when the days and the hours of opening and
closing of the | ||||||
23 | office of any county officer are otherwise fixed by law;
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24 | but the power herein conferred shall not apply to the | ||||||
25 | office of State's
Attorney and the offices of judges and | ||||||
26 | clerks of courts and, in counties of
500,000 or more |
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1 | population, the offices of county clerk.
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2 | 13. To provide for the conservation, preservation and
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3 | propagation of insectivorous birds through the expenditure | ||||||
4 | of funds
provided for such purpose.
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5 | 14. To appropriate funds from the county treasury and | ||||||
6 | expend
the same for care and treatment of tuberculosis | ||||||
7 | residents.
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8 | 15. In counties having less than 1,000,000 | ||||||
9 | inhabitants, to
take all necessary or proper steps for the | ||||||
10 | extermination of mosquitoes,
flies or other insects within | ||||||
11 | the county.
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12 | 16. To install an adequate system of accounts and | ||||||
13 | financial
records in the offices and divisions of the | ||||||
14 | county, suitable to the
needs of the office and in | ||||||
15 | accordance with generally accepted principles
of | ||||||
16 | accounting for governmental bodies, which system may | ||||||
17 | include such
reports as the county board may determine.
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18 | 17. To purchase and hold real estate for the | ||||||
19 | construction and
maintenance of motor vehicle parking | ||||||
20 | facilities for persons using county
buildings, but the | ||||||
21 | purchase and use of such real estate shall not be for
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22 | revenue producing purposes.
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23 | 18. To acquire and hold title to real property located | ||||||
24 | within
the county, or partly within and partly outside the | ||||||
25 | county by
dedication, purchase, gift, legacy or lease, for | ||||||
26 | park and recreational
purposes and to charge reasonable |
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1 | fees for the use of or admission to
any such park or | ||||||
2 | recreational area and to provide police protection for
such | ||||||
3 | park or recreational area. Personnel employed to provide | ||||||
4 | such
police protection shall be conservators of the peace | ||||||
5 | within such park or
recreational area and shall have power | ||||||
6 | to make arrests on view of the
offense or upon warrants for | ||||||
7 | violation of any of the ordinances
governing such park or | ||||||
8 | recreational area or for any breach of the peace
in the | ||||||
9 | same manner as the police in municipalities organized and
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10 | existing under the general laws of the State. All such real | ||||||
11 | property outside
the county shall be contiguous to the | ||||||
12 | county and within the boundaries of
the State of Illinois.
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13 | 19. To appropriate funds from the county treasury to be | ||||||
14 | used
to provide supportive social services designed to | ||||||
15 | prevent the unnecessary
institutionalization of elderly | ||||||
16 | residents, or, for operation of, and
equipment for, senior | ||||||
17 | citizen centers providing social services to elderly
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18 | residents.
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19 | 20. To appropriate funds from the county treasury and | ||||||
20 | loan such funds
to a county water commission created under | ||||||
21 | the "Water Commission Act",
approved June 30, 1984, as now | ||||||
22 | or hereafter amended, in such amounts and
upon such terms | ||||||
23 | as the county may determine or the county and the
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24 | commission may agree. The county shall not under any | ||||||
25 | circumstances be
obligated to make such loans. The county | ||||||
26 | shall not be required to charge
interest on any such loans.
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1 | 21. To appropriate and expend funds from the county | ||||||
2 | treasury for economic development purposes, including the | ||||||
3 | making of grants to any other governmental entity or | ||||||
4 | commercial enterprise deemed necessary or desirable for | ||||||
5 | the promotion of economic development in the county.
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6 | 22. To lease space on a telecommunications tower to a | ||||||
7 | public or private entity. | ||||||
8 | 23. In counties having a population of 100,000 or less | ||||||
9 | and a public building commission organized by the county | ||||||
10 | seat of the county, to cause to be erected or otherwise | ||||||
11 | provided, and to maintain or cause to be maintained, | ||||||
12 | suitable facilities to house students pursuing a | ||||||
13 | post-secondary education at an academic institution | ||||||
14 | located within the county. The county may provide for the | ||||||
15 | management of the facilities. | ||||||
16 | 24. To sell or convey irregular public parcels by | ||||||
17 | ordinance or resolution as provided under Sections 11-76-2 | ||||||
18 | and 11-76-4.3 of the Illinois Municipal Code. "Irregular | ||||||
19 | public parcel" means a parcel of vacant land of limited or | ||||||
20 | narrow size or configurations; parcels of irregular size or | ||||||
21 | shape that would be difficult to develop on a planned basis | ||||||
22 | and in a manner compatible with contemporary standards and | ||||||
23 | requirements; or platting that failed to create | ||||||
24 | rights-of-way for streets or alleys or that created | ||||||
25 | inadequate right-of-way widths for streets, alleys, or | ||||||
26 | other public rights-of-way or that omitted easements for |
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1 | public utilities that is owned by a municipality. | ||||||
2 | All contracts for the purchase of coal under this Section | ||||||
3 | shall be
subject to the provisions of "An Act concerning the | ||||||
4 | use of Illinois mined
coal in certain plants and institutions", | ||||||
5 | filed July 13, 1937, as amended.
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6 | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | ||||||
7 | 96-622, eff. 8-24-09.)
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8 | Section 10. The Illinois Municipal Code is amended by | ||||||
9 | adding Section 11-76-4.3 as follows: | ||||||
10 | (65 ILCS 5/11-76-4.3 new) | ||||||
11 | Sec. 11-76-4.3. Irregular parcels; method of sale or | ||||||
12 | transfer. | ||||||
13 | (a) For purposes of this Section: | ||||||
14 | "Irregular public parcel" means a parcel of vacant land of | ||||||
15 | limited or narrow size or configurations; parcels of irregular | ||||||
16 | size or shape that would be difficult to develop on a planned | ||||||
17 | basis and in a manner compatible with contemporary standards | ||||||
18 | and requirements; or platting that failed to create | ||||||
19 | rights-of-way for streets or alleys or that created inadequate | ||||||
20 | right-of-way widths for streets, alleys, or other public | ||||||
21 | rights-of-way or that omitted easements for public utilities | ||||||
22 | that is owned by a municipality. | ||||||
23 | (b) The corporate authorities of a municipality by | ||||||
24 | resolution may authorize the sale or public auction of an |
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1 | irregular public parcel. The value of the real estate shall be | ||||||
2 | determined by a written MAI certified appraisal or by a written | ||||||
3 | certified appraisal of a State certified or licensed real | ||||||
4 | estate appraiser. The appraisal shall be available for public | ||||||
5 | inspection. The resolution may direct the sale to be conducted | ||||||
6 | by the staff of the municipality; by listing with local | ||||||
7 | licensed real estate agencies, in which case the terms of the | ||||||
8 | agent's compensation shall be included in the resolution; or by | ||||||
9 | public auction. The resolution shall be published at the first | ||||||
10 | opportunity following its passage in a newspaper published in | ||||||
11 | the municipality or, if none, then in a newspaper published in | ||||||
12 | the county where the municipality is located. The resolution | ||||||
13 | shall also contain pertinent information concerning the size, | ||||||
14 | use, and zoning of the real estate and the terms of sale. The | ||||||
15 | corporate authorities may accept any contract proposal | ||||||
16 | determined by them to be in the best interest of the | ||||||
17 | municipality by a vote of two-thirds of the corporate | ||||||
18 | authorities then holding office. | ||||||
19 | (c) If a municipality has either: | ||||||
20 | (1) adopted an ordinance to sell an irregular public | ||||||
21 | parcel under Section 11-76-2 and has received no bid on the | ||||||
22 | irregular public parcel, or | ||||||
23 | (2) adopted a resolution to sell an irregular public | ||||||
24 | parcel under subsection (b) of this Section and has | ||||||
25 | received no offer on an irregular public parcel within 6 | ||||||
26 | months after adoption of the resolution, |
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1 | then that irregular public parcel may be transferred at no cost | ||||||
2 | to any adjoining property owner of the irregular public parcel | ||||||
3 | by ordinance of the corporate authorities of the municipality | ||||||
4 | by two-thirds vote. | ||||||
5 | (d) When the ordinance to transfer an irregular public | ||||||
6 | parcel at no cost has been adopted and passed pursuant to | ||||||
7 | subsection (c) of this Section, the mayor or president, and the | ||||||
8 | municipal clerk, may convey the irregular public parcel by | ||||||
9 | proper deed of conveyance, stating therein the consideration | ||||||
10 | therefor, with the seal of the municipality.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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