Full Text of SB0689 95th General Assembly
SB0689eng 95TH GENERAL ASSEMBLY
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SB0689 Engrossed |
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LRB095 03845 HLH 23876 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 8-1-3.1 and 8-1-7 as follows:
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| (65 ILCS 5/8-1-3.1) (from Ch. 24, par. 8-1-3.1)
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| Sec. 8-1-3.1. The corporate authorities may borrow money | 8 |
| from one fund
for the use of another fund providing such | 9 |
| borrowing shall be repaid within
the current fiscal year.
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| The corporate authorities may also borrow money from any | 11 |
| bank or other
financial institution provided such money shall | 12 |
| be repaid within 10 years
one year
from the time the money is | 13 |
| borrowed. "Financial institution" means any bank
subject to the | 14 |
| "Illinois Banking Act", any savings and loan association
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| subject to the "Illinois Savings and Loan Act of 1985", and any | 16 |
| federally
chartered commercial bank or savings and loan | 17 |
| association organized and
operated in this State pursuant to | 18 |
| the laws of the United States.
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| (Source: P.A. 84-1263.)
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| (65 ILCS 5/8-1-7) (from Ch. 24, par. 8-1-7)
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| Sec. 8-1-7. (a) Except as provided otherwise in this | 22 |
| Section, no
contract shall be made by the corporate |
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| authorities, or by
any committee or member thereof, and no | 2 |
| expense shall be incurred by any of
the officers or departments | 3 |
| of any municipality, whether the object of the
expenditure has | 4 |
| been ordered by the corporate authorities or not, unless an
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| appropriation has been previously made concerning that | 6 |
| contract or expense.
Any contract made, or any expense | 7 |
| otherwise incurred, in violation of the
provisions of this | 8 |
| section shall be null and void as to the municipality,
and no | 9 |
| money belonging thereto shall be paid on account thereof. | 10 |
| However,
pending the passage of the annual appropriation | 11 |
| ordinance for any fiscal
year, the corporate authorities may | 12 |
| authorize heads of departments or other
separate agencies of | 13 |
| the municipality to make necessary expenditures for
the support | 14 |
| thereof upon the basis of the appropriations of the preceding
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| fiscal year. However, if it is determined by two-thirds vote of | 16 |
| the
corporate authorities then holding office at a regularly | 17 |
| scheduled meeting
of the corporate authorities that it is | 18 |
| expedient and in the best public
interest to begin proceedings | 19 |
| for the construction of a needed public work,
then the | 20 |
| provisions of this section shall not apply to the extent that | 21 |
| the
corporate authorities may employ or contract for | 22 |
| professional services
necessary for the planning and financing | 23 |
| of such public work.
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| (b) Notwithstanding any provision of this Code to the | 25 |
| contrary, the
corporate authorities of any municipality may | 26 |
| make contracts for a term
exceeding one year and not exceeding |
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| the term of the mayor or president
holding office at the time | 2 |
| the contract is executed,
relating to: (1) the employment of a | 3 |
| municipal manager, administrator,
engineer, health officer, | 4 |
| land planner, finance director, attorney, police
chief or other | 5 |
| officer who requires technical training or knowledge; (2)
the | 6 |
| employment of outside professional consultants such as | 7 |
| engineers,
doctors, land planners, auditors, attorneys or | 8 |
| other professional
consultants who require technical training | 9 |
| or knowledge; (3) the provision
of data processing equipment | 10 |
| and services; or (4) the provision of services
which directly | 11 |
| relate to the prevention, identification or eradication of
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| disease. In such case the corporate authorities shall include | 13 |
| in the
annual appropriation ordinance for each fiscal year, an | 14 |
| appropriation of a
sum of money sufficient to pay the amount | 15 |
| which, by the terms of the
contract, is to become due and | 16 |
| payable during the current fiscal year.
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| (c) This section shall not apply to municipalities | 18 |
| operating under special
charters.
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| (d) In order to promote orderly collective bargaining | 20 |
| relationships, to
prevent labor strife and to protect the | 21 |
| interests of the public and the
health and safety of the | 22 |
| citizens of Illinois, this Section shall not apply
to | 23 |
| multi-year collective bargaining agreements between public | 24 |
| employers and
exclusive representatives governed by the | 25 |
| provisions of the Illinois Public
Labor Relations Act.
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| Notwithstanding any provision of this Code to the |
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| contrary, the
corporate authorities of any municipality may | 2 |
| enter into multi-year
collective bargaining agreements with | 3 |
| exclusive representatives under the
provisions of the Illinois | 4 |
| Public Labor Relations Act.
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| (e) Notwithstanding any provision of this Code to the | 6 |
| contrary, the
corporate
authorities of any municipality may | 7 |
| enter into any multi-year contract or
otherwise
associate for | 8 |
| any term under the provisions of Section 10 of Article VII of | 9 |
| the
Illinois
Constitution or the Intergovernmental Cooperation | 10 |
| Act.
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| (f) Notwithstanding any provisions of this Code to the | 12 |
| contrary, the corporate authorities of any municipality may | 13 |
| make contracts for a term not exceeding 10 years relating to | 14 |
| borrowings from a bank or financial institution made pursuant | 15 |
| to Section 8-1-3.1 of this Code.
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| (Source: P.A. 90-517, eff. 8-22-97.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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