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Illinois Compiled Statutes
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() 65 ILCS 5/Art 11 prec Div 45
(65 ILCS 5/Art 11 prec Div 45 heading)
CULTURAL ACTIVITIES
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65 ILCS 5/Art. 11 Div. 45
(65 ILCS 5/Art. 11 Div. 45 heading)
DIVISION 45.
MUNICIPAL BAND
AND PERFORMING ARTS
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65 ILCS 5/11-45-1
(65 ILCS 5/11-45-1) (from Ch. 24, par. 11-45-1)
Sec. 11-45-1.
Whenever a municipality with a population of less than 500,000 is
authorized as provided in this Division 45, the municipality may levy
each year a tax not exceeding .04% of the value of the taxable property
within the municipality, as equalized or assessed by the Department of
Revenue, for the maintenance or employment of a
municipal band for musical purposes or for the maintenance and conduct
of programs in the performing arts, or both.
This authority shall be initiated by a petition signed by electors
equal in number to 5% of the number of votes cast at the last preceding
regular municipal election. The petition shall be filed with the
municipal clerk and shall request that the question set forth in Section
11-45-2 be submitted to the electors.
However, municipalities authorized to levy this tax on July 1, 1967
shall have a rate limitation of .04% or the rate limitation in effect on
that date whichever is greater.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-45-2
(65 ILCS 5/11-45-2) (from Ch. 24, par. 11-45-2)
Sec. 11-45-2.
When such a petition is filed, the municipal clerk shall
certify the question for submission by the proper election authority to
the electors at an election in accordance with the general election law.
The question shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a tax not exceeding ......% be levied each year on all taxable property in the YES ....... of ...... for the purpose of providing a fund for the maintenance or employment - - - - - - - - - - - - - - - - - - - - - - - - -
of a municipal band for musical purposes and/or for the maintenance, and conduct of NO programs in the performing arts? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 81-1489 .)
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65 ILCS 5/11-45-3
(65 ILCS 5/11-45-3) (from Ch. 24, par. 11-45-3)
Sec. 11-45-3.
The levy shall be authorized if a majority of the votes cast on the
question are in favor of the levy. The corporate authorities shall then
levy a tax sufficient to maintain or employ such a band or to provide
for the maintenance and conduct of programs in the performing arts, or
both, but not exceeding .04% of the value of the taxable property within
the municipality, as equalized or assessed by the Department of Revenue,
and not exceeding the amount stated in the petition.
This annual tax shall be in addition to the amount authorized to be
levied for general purposes as provided by Section 8-3-1.
Except as provided in Section 11-45-4, all funds derived from this
levy shall be expended as provided in Section 11-45-1.
The foregoing limitation upon the rate of tax may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-45-4
(65 ILCS 5/11-45-4) (from Ch. 24, par. 11-45-4)
Sec. 11-45-4.
Whenever a 2 year period has elapsed during which a municipal
band or performing arts activities have not functioned and during the last
year of which the tax authorized by this Division 45 has not been levied,
the municipal authorities may pass an ordinance transferring the
unobligated balance in the band tax fund to the general corporate fund.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-5
(65 ILCS 5/11-45-5) (from Ch. 24, par. 11-45-5)
Sec. 11-45-5.
A petition signed by electors equal in number to 5% of
the number of votes cast at the last preceding regular municipal
election may be filed at any time with the corporate authorities
requesting that the following question be submitted to the electors,
to wit: "Shall the power to levy a tax for the purpose of providing a
fund for the maintenance or employment of a municipal band for musical
purposes and/or for the maintenance and conduct of programs in the
performing arts be continued?" The municipal clerk shall certify
this question for submission by the proper election authority at an election
in accordance with the general election law. If a majority of the votes cast on
the question are opposed to such continuation, no further levy for that
purpose shall be made.
(Source: P.A. 81-1489.)
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65 ILCS 5/11-45-6
(65 ILCS 5/11-45-6) (from Ch. 24, par. 11-45-6)
Sec. 11-45-6.
Any municipality which, immediately prior to January 1,
1942, had authority as provided in "An Act in relation to the employment
or maintaining of musical bands by municipalities," approved June 26,
1925, as amended, to levy an annual tax for the purpose of providing a
fund for the maintenance or employment of a municipal band for musical
purposes, may continue to levy the tax for that purpose under this
Division 45 without submitting the question of its levy to the electors
for approval, unless the electors vote to cancel the power to levy that
tax. The corporate authorities may, by ordinance or resolution, cause a
portion of the tax to be used to maintain and conduct programs in the
performing arts providing it does not exceed .05% of the value of the
taxable property within the municipality, as equalized or assessed by
the Department of Revenue.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-45-7
(65 ILCS 5/11-45-7) (from Ch. 24, par. 11-45-7)
Sec. 11-45-7.
In any municipality which has a population of more than
100,000 and not more than 200,000, which municipality is authorized to levy
the tax authorized in this Division 45, the mayor of such municipality
shall, with the approval of the city council, proceed to appoint a
commission of 5 persons chosen from the citizens at large with reference to
their fitness for such office; and/or in any municipality with a population
of less than 500,000 which levies a "Recreation Tax" under Division 95 of
the Municipal Code, the corporate authorities may designate the
Recreation Board as the commission to conduct and maintain a municipal band
and/or programs in the performing arts.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-8
(65 ILCS 5/11-45-8) (from Ch. 24, par. 11-45-8)
Sec. 11-45-8.
The commissioners provided for in Section 11-45-7 in the
specified municipalities shall hold office, one for one year, one for 2
years, one for 3 years, one for 4 years and one for 5 years from the first
day of October, 1947. The mayor shall designate for the original appointees
what term is to be served by each commissioner at the time of appointment.
Thereafter the mayor shall, prior to the first day of October each year,
appoint one commissioner to serve for a term of 5 years and until his
successor is appointed. The mayor may, by and with the consent of the city
council, remove any commissioner for misconduct or neglect of duty. No
commissioner appointed hereunder, shall be interested in any supplies or
contract with the commission, and no commissioner shall receive any
compensation for services as such.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-9
(65 ILCS 5/11-45-9) (from Ch. 24, par. 11-45-9)
Sec. 11-45-9.
Vacancies in such office of commissioner occasioned by
removal, resignation or otherwise, shall be filled in like manner as
original appointments, such appointments to be for the unexpired term.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-10
(65 ILCS 5/11-45-10) (from Ch. 24, par. 11-45-10)
Sec. 11-45-10.
Such commissioners shall, at the beginning of their term of
office and annually thereafter, meet and organize. The commissioner having
one year to serve shall act as chairman; the commissioner having 2 years to
serve shall be vice-chairman and shall act in the absence of the chairman.
The commissioners shall appoint one of their number secretary. The
commissioners may make and adopt such by-laws, rules and regulations for
their own guidance and for the carrying out of their duties, as may be
expedient not inconsistent with the provision of this Division 45. They
shall have the exclusive control of the expenditure of all money collected
for the maintenance or employment of a municipal band for musical purposes
and/or for the maintenance and conduct of programs in the performing arts,
and for the construction, purchase or lease and maintenance of a band-shell
or similar structure, referred to hereinafter, for the presentation of
concerts or such programs as may be presented by them. All money received
for such municipal band and/or performing arts shall be deposited in the
treasury of such specified municipality to the credit of the municipal band
and/or performing arts fund and shall be kept separate and apart from other
moneys of such municipality. Such fund may be drawn upon by the properly
authenticated vouchers of the commission. The commissioners shall each
year, prior to the enactment of the annual appropriation ordinance, submit
to the city council a certificate indicating the estimated expenses for the
maintenance or employment of a municipal band for musical purposes and/or
for the maintenance and conduct of programs in the performing arts. The
city council shall levy a tax for such amount, provided the amount shall
not exceed the limitation fixed in the referendum which adopted the
provisions of this Division 45.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-11
(65 ILCS 5/11-45-11) (from Ch. 24, par. 11-45-11)
Sec. 11-45-11.
Whenever the commissioners appointed and acting under the
provisions of this Division 45 determine to erect a band-shell or similar
structure for the presentation of concerts or programs in the performing
arts as may be presented by them, or to purchase a site for same, or to
repair, remodel or improve an existing structure, or to build an addition
thereto, or to furnish necessary equipment therefor, or to do any or all of
these things, or to purchase a building and site, and necessary equipment
for the building, or to provide or accumulate a fund for the erection of a
new building or structure, the purchase of such building of an addition
thereto, or to pay for a site for the building or structure, or to purchase
necessary equipment for such, or to do any or all of these things, the
commissioners have the following power:
In case a new band-shell or a structure for the performing arts is to be
erected, or an existing structure is to be remodeled, repaired, improved,
or an addition thereto erected, or the grounds adjacent thereto are to be
prepared for seating, lighting, sound and general improvements or necessary
equipment therefor purchased, or any or all of such things are to be done,
the commissioners shall cause a plan for such band-shell or structure, or
for the remodeling, repairing or improving of such band-shell or structure,
and the grounds adjacent thereto, or the purchase of necessary equipment
therefor to be prepared, and an estimate made of the cost. If a site is to
be provided for the same, they shall also cause an estimate to be made of
the cost of such site. If necessary equipment is to be provided, the
commissioners shall cause an estimate to be made of the cost of such
equipment. They may then determine the term of years over which they shall
spread the collection of the cost of such band-shell or structure, or the
remodeling, repairing or improving of an existing structure, or the
erection of an addition thereto, or site, or equipment or any or all of
these things, not exceeding 20 years, and shall make a record of their
proceedings. The commissioners shall transmit a copy of the record of their
proceedings to the city council for its approval. If the city council
approves the action of the band commission or the band and performing arts
commission or the recreation board if designated, it may, by ordinance,
provide that the bonds of the city be issued for the payment of the cost,
so estimated as aforesaid, of the structure, or other repairs or equipment
herein referred to, in which event the ordinance shall also state the time
or times when such bonds, and the interest thereon shall become payable.
The whole of the principal of such bonds and the interest thereon, shall be
payable within 20 years and interest on such bonds shall not exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. Such interest may be made payable at such
times as the ordinance may prescribe. However, the total tax which may be
levied hereunder for municipal band and/or performing arts purposes, including
the retirement of the bonds herein, shall not exceed the total which may be
authorized by the referendum providing for the levy of a tax as set out in
Section 11-45-2. If the city council adopts such an ordinance, the band
commission or the band and performing arts commission or the recreation
board if designated, shall set aside from the fund each year, a sum
sufficient to pay the principal and interest on such bonds. In addition,
however, any surplus remaining in the fund at the end of any year after
paying the principal and interest on such bonds, and after paying other
expenses for maintaining and employing a municipal band and/or for the
maintenance and conduct of programs in the performing arts, may be applied
to the retirement of such bonds. If, however, the city council shall not
provide that bonds of the city be issued as and for the purposes aforesaid,
but shall otherwise approve the action of the commission, then the
commission shall divide the total cost of the building, improvements or
equipment as they shall determine, to spread the collection thereof, and
shall certify the amount to the city council each year during the term over
which the commissioners shall have determined to spread the collection of
the cost of such building, improvements or equipment, or any or all of
these things.
The commission may receive any gifts tendered to be applied on the cost
of such building, improvements or equipment.
The city council on receiving the last mentioned certificate shall, in
its next annual appropriation ordinance, include the amount so certified
and shall, for the amount levy and collect a tax to pay the same. The total
amount thus levied, including costs of such building, remodeling or
equipment, shall not exceed the total which may be authorized by the
referendum provided for in Section 11-45-2. However, any surplus remaining
in the fund at the end of any year after setting aside funds for such
purposes and after paying other expenses for maintaining and employing a
municipal band and/or for the maintenance and conduct of programs in the
performing arts, may be applied to the fund being accumulated for such
building, improvements or equipment.
Such commissioners shall have authority to enter into contracts to carry
out the purposes of this Division 45 and to take title to any property
acquired by it for municipal band purposes and/or for the maintenance and
conduct of programs in the performing arts by the name of "The Municipal
Band Commission of the City/Village of ...., Illinois" or "The Municipal
Band and Performing Arts Commission of the City/Village of ...., Illinois"
or if designated according to Section 45-7, "The Recreation Board of the
City/Village of ...., Illinois".
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General Assembly
(i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4 .)
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65 ILCS 5/11-45-12
(65 ILCS 5/11-45-12) (from Ch. 24, par. 11-45-12)
Sec. 11-45-12.
The commissioners shall determine when they will proceed
with the purchase of a building or site, or with the erection of a
band-shell or similar structure, or with the remodeling, repairing and
equipment, or any other proceeding permitted hereunder. They may proceed at
once or determine to wait and allow the fund to accumulate. If the
commissioners determine to let the fund accumulate, they shall invest the
money in interest paying securities such as are authorized by law for the
investment of public funds, thereto remain until the same is needed for
proceeding hereunder. The commissioners may contract for the expenditure of
such funds for the purposes herein designated and may apply the proceeds of
the tax and bonds issued hereunder, toward payment therefor.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-13
(65 ILCS 5/11-45-13) (from Ch. 24, par. 11-45-13)
Sec. 11-45-13.
When the commissioners determine to commence the
construction of a band-shell, or performing arts structure, or to proceed
as herein otherwise authorized, they may adopt the plans therefor and
provide estimates of the costs thereof, and shall advertise for bids for
the completion of the program and shall let the contract or contracts for
the same to the lowest and best responsible bidder or bidders, and may
require from such bidders such security for the performance of the bids as
the commissioners may determine.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-14
(65 ILCS 5/11-45-14) (from Ch. 24, par. 11-45-14)
Sec. 11-45-14.
The commissioners, after such band-shell or performing arts
structure has been erected, may levy a tax from year to year for such
amount as they deem necessary for the maintenance of such structure and
surrounding grounds. However, the total amount levied for all of the
purposes referred to in these Sections 11-45-7 through 11-45-16 shall not
exceed the total which may be authorized by the referendum provided for in
Section 11-45-2.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/11-45-15
(65 ILCS 5/11-45-15) (from Ch. 24, par. 11-45-15)
Sec. 11-45-15.
The commissioners may, by agreement with the proper
officials of any park or school district in which the municipality may be
included, erect such structure on the property of such park or school
district after leasing such grounds upon a nominal rental basis, the
structure so erected to remain the property of the municipality.
(Source: Laws 1967, p. 2339.)
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65 ILCS 5/Art. 11 Div. 45.1
(65 ILCS 5/Art. 11 Div. 45.1 heading)
DIVISION 45.1.
CULTURAL CENTERS
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65 ILCS 5/11-45.1-1
(65 ILCS 5/11-45.1-1) (from Ch. 24, par. 11-45.1-1)
Sec. 11-45.1-1.
The corporate authorities of each municipality may establish cultural
centers within the municipality. Such cultural centers may be devoted to
the exhibition of works of art, the conduct of programs of music and the
performing arts, the establishment of museums, the exhibition of historical
objects, the presentation of dramatic productions, and other exhibitions
and performances enhancing the cultural and intellectual level of the
community.
(Source: P.A. 76-211.)
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65 ILCS 5/11-45.1-2
(65 ILCS 5/11-45.1-2) (from Ch. 24, par. 11-45.1-2)
Sec. 11-45.1-2.
For the purpose of establishing such cultural centers, the corporate
authorities may acquire all necessary real and personal property by
purchase, lease, gift or eminent domain. They may lease portions of a
cultural center to any not-for-profit organization engaged in activities
within the purview of cultural centers established under this division. The
terms and periods of such lease shall be those deemed appropriate by the
corporate authorities, provided that no lease may exceed 5 years. The
corporate authorities may also lease up to 25% of the floor area of any
cultural center to persons, organizations or corporations engaged in
noncultural activities, for the purpose of rendering auxiliary services.
Such as food dispensing, automobile parking, sale of books, records or
publications, and other necessary activities convenient for the use of the
cultural centers by the public.
(Source: P.A. 76-211.)
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65 ILCS 5/11-45.1-3
(65 ILCS 5/11-45.1-3) (from Ch. 24, par. 11-45.1-3)
Sec. 11-45.1-3.
The corporate authorities may expend corporate funds for
the purpose of acquiring, maintaining and operating cultural centers,
including but not limited to compensation of employees and payment of
operating expenses. The corporate authorities may issue revenue bonds
pursuant to ordinance adopted for such purpose. Such bonds shall be payable
solely from the revenues to be derived from the operation of the cultural
center. Such bonds shall mature at a time not exceeding 40 years from their
respective dates of issue and shall be in such form, carry such
registration privileges, be executed in such manner, be offered for sale in
such manner, and be payable at such place or places and under such
conditions and terms as may be provided in the ordinance or in any
subsequent ordinance adopted pursuant hereto for the purpose of refunding
or refinancing any bonds issued hereunder. The holder or holders of such
bonds may bring suit to compel the municipality to perform any covenant or
duty created by the ordinance authorizing their issuance. The bonds shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract.
The corporate authorities may receive gifts and donations for the
purpose of acquiring, operating and maintaining a cultural center and may
enter into contractual arrangements with any public body, private
corporation or foundation for the purpose of receiving such grants or
gifts. The corporate authorities may acquire and operate one or more
buildings or one or more sites as cultural centers pursuant to the powers
herein granted.
The foregoing provisions and powers may be administered by such special
commission, board, department, or bureau of the municipality or by any
existing commission, board, department or bureau of the municipality, as
may be provided by ordinance adopted by the corporate authorities.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
Any bonds issued under this Section as limited bonds as defined in Section
3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
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65 ILCS 5/11-45.1-4
(65 ILCS 5/11-45.1-4) (from Ch. 24, par. 11-45.1-4)
Sec. 11-45.1-4.
Any municipality may levy a tax annually not to exceed .25% of the
value, as equalized or assessed by the Department of Revenue, of all
the taxable property in the municipality for the purpose
of acquiring, operating and maintaining a cultural center, provided that
no such tax shall be levied in any such municipality until the question
of levying the tax has first been submitted to the electors of that
municipality at any election, and the tax has been approved by a majority of the
electors voting thereon. Such question shall be certified by the municipal
clerk and submitted by the proper election authority. If a majority of
the electors of the
municipality voting thereon vote for the levy of the tax, the
municipality is authorized to levy and collect the tax. This tax shall
be in addition to all other taxes which that municipality is now or
hereafter may be authorized to levy on the taxable property within the
municipality and shall be in addition to taxes for general purposes
authorized to be levied, as provided by Section 8-3-1 of this Code. This
tax shall be levied and collected in like manner as the general taxes
for that municipality.
(Source: P.A. 81-1489; 81-1509.)
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65 ILCS 5/11-45.1-5
(65 ILCS 5/11-45.1-5) (from Ch. 24, par. 11-45.1-5)
Sec. 11-45.1-5.
For the purpose of acquiring and constructing a cultural center as
provided in this division, or for the equipping of any such cultural
center, any municipality may borrow money and issue its negotiable bonds
thereon, pledging the full faith and credit of the municipality. Such
bonds shall bear interest at not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, but no such
bonds shall be issued unless the proposition to issue the bonds is first
submitted to the electors of the municipality and approved by a majority
of the electors voting thereon. The municipal clerk shall certify the
proposition to the proper election authority who shall submit the proposition
to a vote of the electors. The form of such proposition shall be in
accordance with the provisions of Section 8-4-2 of this Code.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/11-45.1-6
(65 ILCS 5/11-45.1-6) (from Ch. 24, par. 11-45.1-6)
Sec. 11-45.1-6.
If any provision of this Division or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision. To this end the provisions of this
division are declared to be severable.
(Source: P.A. 76-211.)
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65 ILCS 5/Art. 11 Div. 46
(65 ILCS 5/Art. 11 Div. 46 heading)
DIVISION 46.
ART COMMISSIONS
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65 ILCS 5/11-46-1
(65 ILCS 5/11-46-1) (from Ch. 24, par. 11-46-1)
Sec. 11-46-1.
Whenever the city council of any city deems it advisable,
they may provide by ordinance for the creation of a commission to be known
as the art commission of that city.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-2
(65 ILCS 5/11-46-2) (from Ch. 24, par. 11-46-2)
Sec. 11-46-2.
Each art commission shall consist of the mayor of the city by
virtue of his office and 6 other members to be appointed by the mayor.
Three of these 6 members shall be appointed from one or more of the
professions of painting, sculpture, architecture, and landscape gardening,
but none of the 3 other members shall be appointed from these enumerated
professions.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-3
(65 ILCS 5/11-46-3) (from Ch. 24, par. 11-46-3)
Sec. 11-46-3.
The 3 members of the commission required to be appointed from
among the professions enumerated in Section 11-46-2 shall be appointed in
the first instance for one, 2, and 3 year terms of office respectively, as
the mayor may determine. The other appointed members of the commission also
shall be appointed in the first instance for one, 2 and 3 year terms of
office respectively. After the expiration of these first terms of office of
all of the appointed members respectively, their successors shall be
appointed for a term of 3 years in each case. All appointments to fill
vacancies shall be for the unexpired term.
In case a vacancy occurs in the commission for any reason the vacancy
shall be filled by appointment by the mayor. All appointees shall hold
their offices for their respective terms and until their successors are
appointed and have qualified.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-4
(65 ILCS 5/11-46-4) (from Ch. 24, par. 11-46-4)
Sec. 11-46-4.
The commission shall serve without compensation, and shall
elect a president and a secretary from its own members, whose terms of
office shall be for one year, and until their successors are elected and
have qualified.
The commission shall have power to adopt its own rules of procedure.
Four commissioners shall constitute a quorum.
The city council shall provide suitable offices for the commission and
shall make annual appropriations for the payment of the commission's
expenses.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-5
(65 ILCS 5/11-46-5) (from Ch. 24, par. 11-46-5)
Sec. 11-46-5.
Hereafter no work of art shall be erected or placed in, over,
or upon or allowed to be extended into, over, or upon any street, alley,
avenue, square, common, boulevard, park, grounds used for school or other
public purposes, municipal building, school building, or other public
building or public place under the control of the city, or any department
or officer thereof, unless the work of art, or a design thereof, together
with a statement of the proposed location of the work of art first has been
submitted to and approved by the commission. The commission, when they deem
it proper, may also require a complete model of the proposed work of art to
be submitted. The term "work of art" as used in this connection shall apply
to and include all paintings, mural decorations, stained glass, statues,
bas reliefs, sculptures, monuments, ornaments, fountains, arches,
ornamental gateways, or other structures of a permanent character intended
for ornament or commemoration. No existing work of art in the possession of
the city, or in any park, or school building, or on any boulevard, public
ground or school ground, shall be removed relocated, or altered in any way
without a similar approval of the commission, except as provided in Section
11-46-7.
The commission shall act in this same capacity and shall have these same
powers (1) in respect to designs of buildings, bridges, approaches, gates,
fences, lamps, or other structures to be erected upon land belonging to and
occupied by the city, or in any park, public ground, or boulevard under the
jurisdiction of the city, and (2) in respect of the lines, grades, and
platting of public ways and grounds, and (3) in respect of the arches,
bridges, structures, and approaches which will be the property of any
corporation or private individual, and which are to be extended over or
upon any street, avenue, highway, boulevard, park, or other public place
belonging to or under the jurisdiction of the city, and the commission's
approval shall be required for every such structure which is hereafter
contracted for, erected, or altered. But in case any such structure, not
including works of art, which is hereafter contracted for, erected, or
altered at a total expense not exceeding $200,000, the approval of the art
commission shall not be required if the city council so directs.
The commission may offer advice or suggestions to the owners of private
property in relation to the beautification of their property. Any person,
who is about to erect any building or make any improvement, may submit the
plans and designs thereof to the art commission for advice and suggestions.
The art commission may receive and act upon the complaints and suggestions
of citizens or voluntary associations having such objects and purposes in
view as are specified in this section.
The commission shall record its proceedings and make a report thereof in
writing annually to the mayor of the city.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-6
(65 ILCS 5/11-46-6) (from Ch. 24, par. 11-46-6)
Sec. 11-46-6.
If the art commission, except as provided in Section 11-46-7,
fails to decide upon any matter submitted to it within 60 days after the
matter is submitted, its decision is unnecessary.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-46-7
(65 ILCS 5/11-46-7) (from Ch. 24, par. 11-46-7)
Sec. 11-46-7.
In case the removal or relocation of any existing work of art
or other matter, which under Section 11-46-5 is within the control of the
art commission, is deemed necessary by those having the power to order such
a removal or relocation, the commission shall approve or disapprove of the
proposed removal or relocation within 48 hours after it is notified
thereof. In case the commission fails to act within this 48 hour period, it
shall be deemed to have approved of the removal or relocation.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 47
(65 ILCS 5/Art. 11 Div. 47 heading)
DIVISION 47.
PROMOTION OF HISTORICAL RESEARCH
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65 ILCS 5/11-47-1
(65 ILCS 5/11-47-1) (from Ch. 24, par. 11-47-1)
Sec. 11-47-1.
The several cities, incorporated towns and villages acting
through their constituted authorities may encourage and promote historical
research within their respective jurisdictions by making reasonable
appropriations for the publication of the proceedings of and such papers
and other documents of historic interest as may be furnished by any
historic or other society engaged in historic research, and for
ascertaining and marking the location of ancient forts, villages, missions,
military encampments, habitations of aborigines and other places of
historic interest, and to provide for the manner in which and the purposes
for which such appropriations shall be expended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-47-2
(65 ILCS 5/11-47-2) (from Ch. 24, par. 11-47-2)
Sec. 11-47-2.
The authorities of such cities, incorporated towns and
villages having so undertaken the publication of such proceedings, papers
and documents, may cause the same to be printed or published in book or
pamphlet form and may provide for the sale thereof at such prices as in
their judgment will reimburse the cost of publication.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 48
(65 ILCS 5/Art. 11 Div. 48 heading)
DIVISION 48.
PRESERVATION OF HISTORICAL
DOCUMENTS
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65 ILCS 5/11-48-1
(65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
Sec. 11-48-1.
The city council or board of trustees of every city,
incorporated town or village may, by order or resolution authorize and
direct to be transferred to the Abraham Lincoln Presidential Library and Museum, the State
Archives or to the State
University Library at Urbana, Illinois, or to any historical society duly
incorporated and located within their respective counties, such official
papers, drawings, maps, writings and records of every description as may be
deemed of historic interest or value, and as may be in the custody of any
officer of such county, city, incorporated town or village. Accurate copies
of the same when so transferred shall be substituted for the original when
in the judgment of such city council or board of trustees the same may be
deemed necessary.
(Source: P.A. 100-120, eff. 8-18-17.)
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65 ILCS 5/11-48-2
(65 ILCS 5/11-48-2) (from Ch. 24, par. 11-48-2)
Sec. 11-48-2.
The officer or officers having the custody of such papers,
drawings, maps, writings and records shall permit search to be made at all
reasonable hours and under their supervision for such as may be deemed of
historic interest, and whenever so directed by the city council or board of
trustees of such city, incorporated town or village in the manner
prescribed in Section 11-48-1 to deliver the same to the trustee, directors
or librarian or other officer of the library or society designated by the
city council or board of trustees, as the case may be.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-48-3
(65 ILCS 5/11-48-3) (from Ch. 24, par. 11-48-3)
Sec. 11-48-3.
The city council and board of trustees of the several cities,
incorporated towns and villages in this state may make reasonable
appropriations from their respective revenues for the purpose of carrying
the provisions of this Division 48 into effect.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 48.2
(65 ILCS 5/Art. 11 Div. 48.2 heading)
DIVISION 48.2.
PRESERVATION OF HISTORICAL
AND OTHER SPECIAL AREAS
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65 ILCS 5/11-48.2-1
(65 ILCS 5/11-48.2-1) (from Ch. 24, par. 11-48.2-1)
Sec. 11-48.2-1.
It is hereby found and declared that in all municipalities
the movements and shifts of population and the changes in residential,
commercial, and industrial use and customs threaten with disappearance
areas, places, buildings, structures, works of art and other objects having
special historical, community, or aesthetic interest or value and whose
preservation and continued utilization are necessary and desirable to sound
community planning for such municipalities and to the welfare of the
residents thereof. The granting to such municipalities of the powers herein
provided is directed to such ends, and the use of such rights and powers
for the preservation and continued utilization of such property is hereby
declared to be a public use essential to the public interest.
(Source: Laws 1965, p. 957.)
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65 ILCS 5/11-48.2-1A
(65 ILCS 5/11-48.2-1A) (from Ch. 24, par. 11-48.2-1A)
Sec. 11-48.2-1A.
(1) The development rights of a landmark site are the rights granted
under applicable local law respecting the permissible bulk and size of
improvements erected thereon. Development rights may be calculated in
accordance with such factors as lot area, floor area, floor area ratios,
height limitations, or any other criteria set forth under local law for
this purpose.
(2) A preservation restriction is a right, whether or not stated in the
form of a restriction, easement, covenant or condition, in any deed, will
or other instrument executed by or on behalf of the owner of the land or in
any order of taking, appropriate to the preservation of areas, places,
buildings or structures to forbid or limit acts of demolition, alteration,
use or other acts detrimental to the preservation of the areas, places,
buildings or structures in accordance with the purposes of the Division.
Preservation restrictions shall not be unenforceable on account of lack of
privity of estate or contract, or of lack of benefit to particular land or
on account of the benefit being assignable or being assigned.
(3) A transfer of development rights is the transfer from a landmark
site of all or a portion of the development rights applicable thereto,
subject to such controls as are necessary to secure the purposes of this
Division. The transfer of development rights pursuant to sound community
planning standards and the other requirements of this Division is hereby
declared to be in accordance with municipal health, safety and welfare
because it furthers the more efficient utilization of urban space at a time
when this objective is made urgent by the shrinking land base of urban
areas, the increasing incidence of large-scale, comprehensive development
in such areas, the evolution of building technology and similar factors.
(4) A development rights bank is a reserve into which may be deposited
development rights associated with publicly and privately-owned landmark
sites. Corporate authorities or their designees shall be authorized to
accept for deposit within the bank gifts, donations, bequests or other
transfers of development rights from the owners of said sites, and shall be
authorized to deposit therein development rights associated with (i) the
sites of municipally-owned landmarks and (ii) the sites of privately-owned
landmarks in respect of which the municipality has acquired a preservation
restriction through eminent domain or purchase. All transfers of
development rights from the development rights bank shall be subject to the
requirements of Sections 11-76-1 through 11-76-6 of the Municipal Code of
Illinois, and all receipts arising from the transfers shall be deposited in
a special municipal account to be applied against expenditures necessitated
by the municipal landmarks program.
(5) The term, public easement, shall have the same meaning and effects
herein as it has in Article IX, Section 3 of the Illinois Constitution of
1870 and Article IX, Section 4(c) of the Illinois Constitution of 1970.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1372.)
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65 ILCS 5/11-48.2-2
(65 ILCS 5/11-48.2-2) (from Ch. 24, par. 11-48.2-2)
Sec. 11-48.2-2.
The corporate authorities in all municipalities shall have the power to
provide for official landmark designation by ordinance of areas, places,
buildings, structures, works of art and other objects having a special
historical, community, or aesthetic interest or value; and in connection
with such areas, places, buildings, structures, works of art or other
objects so designated by ordinance, whether owned or controlled privately
or by any public body, to provide special conditions, to impose regulations
governing construction, alteration, demolition and use, and to adopt other
additional measures appropriate for their preservation, protection,
enhancement, rehabilitation, reconstruction, perpetuation, or use, which
additional measures may include, but are not limited to, (a) the making of
leases and subleases (either as lessee or lessor of any such property) for
such periods and upon such terms as the municipality shall deem
appropriate; (b) inducing, by contract or other consideration, the creation
of covenants or restrictions binding the land; (c) the acquisition by
purchase or eminent domain of a fee or lesser interest, including a
preservation restriction, in property so designated; the deposit, as
appropriate, in a development rights bank of the development rights
associated with said property; and the reconstruction, operation or
transfer by the municipality of any such property so acquired or the
transfer of any development rights so acquired, all in accordance with such
procedures and subject to such conditions as are reasonable and appropriate
to carrying out the purposes of this Division; (d) appropriate and
reasonable control of the use or appearance of adjacent and immediately
surrounding private property within public view; (e) acquisition by eminent
domain or by other contract or conveyance of immediately surrounding
private property, or any part thereof or interest therein, the alteration
or clearance of which is important for the proper preservation,
reconstruction or use of the designated property; (f) cooperative
relations, including gifts, contracts and conveyances appropriate to the
purposes of this Division, by and between the municipality and any other
governmental body or agency and by and between the municipality and
not-for-profit organizations which have as one of their objects the
preservation or enhancement of areas, places, buildings, structures, works
of art or other objects of special historical, community or aesthetic
interest or value; (g) acceptance and administration by the municipality of
funds or property transferred on trust to the municipality by an
individual, corporation or other governmental or private entity for the
purpose of aiding, either in general or in connection with some specific
designated property, the preservation or enhancement of areas, places,
buildings, structures, works of art or other objects designed by law under
the provisions hereof; (h) issuance of interest bearing revenue bonds,
pursuant to ordinance adopted by the corporate authorities, payable from
the revenues to be derived from the operation of any one or more areas,
places, buildings, structures, works of art or other objects designated by
ordinance and acquired by the municipality under the provisions hereof,
such bonds to mature at a time not exceeding 50 years from their respective
dates of issue and to be in such form, carry such registration privileges,
be executed in such manner, be offered for sale in such manner and be
payable at such place or places and under such conditions and terms as may
be provided in the ordinance or in any subsequent ordinance adopted
pursuant hereto for the purpose of refunding or refinancing any bonds
issued hereunder; and the holder or holders of any such bonds may by mandamus,
injunction or other civil action compel the municipality to perform any covenant
or duty created by the ordinance authorizing their issuance; and (i)
establishment of procedures authorizing owners of designated property to
transfer development rights in such amount and subject to such conditions
as are appropriate to secure the purposes of this Division.
Any such special conditions, regulations, or other measures, shall, if
adopted in the exercise of the police power, be reasonable and appropriate
to the preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation, or use of such areas, places, buildings,
structures, works of art, or other objects so designated by law, or, if
constituting a taking of private property, shall provide for due and just
compensation. This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-345.)
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65 ILCS 5/11-48.2-3
(65 ILCS 5/11-48.2-3) (from Ch. 24, par. 11-48.2-3)
Sec. 11-48.2-3.
The foregoing purposes and powers may be administered by
such special commission, board, department or bureau of the municipality or
by such one or more existing commissions, boards, departments or bureaus of
the municipality, or by any combination thereof or division of functions
thereamong, as may be provided by ordinance adopted by the corporate
authorities, and the words "the municipality" as used in reference to the
administration of this division include any commission, board, department,
bureau, officer, or other agency of the municipality given any such
administrative powers by ordinance adopted by the corporate authorities.
(Source: Laws 1963, p. 2420.)
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65 ILCS 5/11-48.2-4
(65 ILCS 5/11-48.2-4) (from Ch. 24, par. 11-48.2-4)
Sec. 11-48.2-4.
No action taken by the municipality under this section
directing a private owner to do or refrain from doing any specific thing,
or refusing to permit a private owner to do some specific thing he desires
to do, in connection with property designated by ordinance hereunder, shall
be taken by the municipality except after due notice to such owner and
opportunity for him to be heard at a public hearing, and if such action is
taken by administrative decision as defined in Section 3-101 of the Code
of Civil Procedure, it shall be subject to
judicial review pursuant to the provisions of the Administrative
Review Law and all amendments and modifications thereof and rules adopted
pursuant thereto.
(Source: P.A. 82-783.)
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65 ILCS 5/11-48.2-5
(65 ILCS 5/11-48.2-5) (from Ch. 24, par. 11-48.2-5)
Sec. 11-48.2-5.
The denial of an application for a building
demolition permit by reason of the operation of this Division, or the
denial of an application for a building permit to add to, modify or
remove a portion of any building by reason of the operation of this
Division, or the imposition of any regulation solely by reason of the
provisions of this Division which requires, directly or indirectly, an
alteration or cessation in the use to which the interior space in any
building is put, or which requires any addition or modification in or to
any building, or which requires any unusual or extraordinary provisions
for upkeep and maintenance of any building, shall not constitute a
taking or damage for a public use of such property for which just
compensation shall be ascertained and paid, unless the denial of a
permit application or imposition of a regulation, as the case may be,
deprives the owner of all reasonable beneficial use or return.
(Source: P.A. 81-560.)
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65 ILCS 5/11-48.2-6
(65 ILCS 5/11-48.2-6) (from Ch. 24, par. 11-48.2-6)
Sec. 11-48.2-6.
Any encumbrances or restrictions imposed upon designated property
pursuant to subsections (a)-(i) of Section 11-48.2-2 of this Division shall
be deemed public easements, and any depreciation occasioned by such
encumbrances or restrictions shall be deducted in the valuation of such
property. This amendatory Act of 1971 does not apply to any municipality
which is a home rule unit.
(Source: P.A. 77-1372.)
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65 ILCS 5/11-48.2-7
(65 ILCS 5/11-48.2-7) (from Ch. 24, par. 11-48.2-7)
Sec. 11-48.2-7.
If any provision, clause or phrase of this Division or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this
Division which can be given effect without the invalid provision or
application, and to this end the provisions of this Division are declared
to be separable.
(Source: Laws 1963, p. 2420.)
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65 ILCS 5/Art. 11 Div. 48.3
(65 ILCS 5/Art. 11 Div. 48.3 heading)
DIVISION 48.3.
MUNICIPAL ZOO AUTHORITIES
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65 ILCS 5/11-48.3-1
(65 ILCS 5/11-48.3-1) (from Ch. 24, par. 11-48.3-1)
Sec. 11-48.3-1.
This Division shall be known and may be cited as the
Municipal Zoo Law.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-2
(65 ILCS 5/11-48.3-2) (from Ch. 24, par. 11-48.3-2)
Sec. 11-48.3-2.
When used in this Division:
"Authority" means any Municipal Zoo
Authority, as provided in this Division.
"Governmental Agency" means the federal, State and any local
governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
"Person" means any individual, firm, partnership, corporation, both
domestic and foreign, company, association or joint stock association; and
includes any trustee, receiver, assignee or personal representative
thereof.
"Board" means the governing and administrative body of any Municipal Zoo
Authority, as provided in this Division.
"Metropolitan Area" means all that territory in the State of Illinois
lying within the corporate boundaries of the municipality or municipalities
establishing an authority as provided in this Division.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-3
(65 ILCS 5/11-48.3-3) (from Ch. 24, par. 11-48.3-3)
Sec. 11-48.3-3.
The corporate authorities of any municipality having a
population of less than 1,000,000 or the corporate authorities, acting
jointly, of any combination of municipalities each having a population of
less than 1,000,000, may by resolution or ordinance provide for the
formation of a Municipal Zoo Authority with the powers, duties,
responsibilities and privileges provided in this Division.
The Authority may sue and be sued in its corporate name, but execution
shall not in any case issue against any property of the Authority. It
may adopt a common seal and change the same at pleasure. The Authority may
adopt a corporate name, which shall end with "Zoo Authority", and change
the same at pleasure. The principal office of the Authority shall be
within the metropolitan area.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-4
(65 ILCS 5/11-48.3-4) (from Ch. 24, par. 11-48.3-4)
Sec. 11-48.3-4.
It shall be the duty of the Authority
to arrange, finance and maintain zoological, educational
and scientific exhibits in the metropolitan area and to
construct, equip and maintain zoological buildings, grounds
and office buildings for such purposes. The provision of
office space for rental and lease and the lease of air space
over and appurtenant to such structures shall be deemed an
integral function of the Authority. The Authority is granted
all rights and powers necessary to perform such duties.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-5
(65 ILCS 5/11-48.3-5) (from Ch. 24, par. 11-48.3-5)
Sec. 11-48.3-5.
The Authority shall have the following rights and duties:
(a) To acquire, own, construct, lease, operate and maintain zoological
buildings, office buildings and associated facilities and grounds,
to fix and collect just, reasonable and nondiscriminatory charges for the
use of such facilities, and to lease air space over and appurtenant to such
facilities. The charges so collected shall be made available to defray the
reasonable expenses of the Authority and to pay the principal of and the
interest upon any bonds issued by the Authority.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Division.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-6
(65 ILCS 5/11-48.3-6) (from Ch. 24, par. 11-48.3-6)
Sec. 11-48.3-6.
The Authority shall not incur any obligations for
salaries, office or administrative expenses except within the amounts of
funds which will be available to it when such obligations become payable.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-7
(65 ILCS 5/11-48.3-7) (from Ch. 24, par. 11-48.3-7)
Sec. 11-48.3-7.
Purchases made pursuant to this Division shall be made in
compliance with the "Local Government Prompt Payment Act", approved
September 21, 1985, as now or hereafter amended.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-8
(65 ILCS 5/11-48.3-8) (from Ch. 24, par. 11-48.3-8)
Sec. 11-48.3-8.
The Authority shall have the power to acquire and accept
by purchase, lease, gift or otherwise any property or rights from any
person or persons, any municipal corporation, body politic, or agency of
the State, or from the State itself, useful for its purposes, and to apply
for and accept grants, matching grants, loans or appropriations from the
State of Illinois or any agency or instrumentality thereof to be used for
any of the purposes of the Authority and to enter into any agreement with
the State of Illinois in relation to such grants, matching grants, loans or
appropriations.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-9
(65 ILCS 5/11-48.3-9) (from Ch. 24, par. 11-48.3-9)
Sec. 11-48.3-9.
The Authority shall have the power to apply for and
accept grants, matching grants, loans or appropriations from the federal
government or any agency or instrumentality thereof to be used for any of
the purposes of the Authority and to enter into any agreement with the
federal government in relation to such grants, matching grants, loans or
appropriations.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-10
(65 ILCS 5/11-48.3-10) (from Ch. 24, par. 11-48.3-10)
Sec. 11-48.3-10.
The Authority shall have the power to procure and enter
into contracts for any type of insurance and indemnity against loss or
damage to property from any cause, loss of use and occupancy, against
employers' liability, against any act of any member, officer or employee of
the Board or Authority in the performance of the duties of his or her
office or employment or any other insurable risk.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-11
(65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11)
Sec. 11-48.3-11.
The Authority shall have continuing power to borrow
money for the purpose of carrying out and performing its duties and
exercising its powers under this Division.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to ordinance
adopted by the Board, from time to time issue and dispose of its interest
bearing revenue bonds, and may also from time to time issue and dispose of
its interest bearing revenue bonds to refund any bonds at maturity or
pursuant to redemption provisions or at any time before maturity with the
consent of the holders thereof. All such bonds shall be payable solely from
the revenues or income to be derived from the exhibitions, rentals and
leases and other authorized activities operated by it, and from funds, if
any, received and to be received by the Authority from any other source.
Such bonds may bear such date or dates, may mature at such time or times
not exceeding 40 years from their respective dates, may bear interest at
such rate or rates, not exceeding the maximum rate permitted by "An Act to
authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or hereafter
amended, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place or
places, may be made subject to redemption in such manner and upon such
terms, with or without premium as is stated on the face thereof, may be
executed in such manner and may contain such terms and covenants, all as
may be provided in the ordinance. In case any officer whose signature
appears on any bond ceases (after attaching his or her signature) to hold
office, his or her signature shall nevertheless be valid and effective for
all purposes. The holder or holders of any bonds or interest coupons
appertaining thereto issued by the Authority may bring mandamus,
injunction, civil actions and proceedings to compel the performance and
observance by the Authority or any of its officers, agents or employees of
any contract or covenant made by the Authority with the holders of such
bonds or interest coupons and to compel the Authority and any of its
officers, agents or employees to perform any duties required to be
performed for the benefit of the holders of any such bonds or interest
coupons by the provisions of the ordinance authorizing their issuance, or
to enjoin the Authority and any of its officers, agents or employees from
taking any action in conflict with any such contract or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial Code.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the
Authority, to pay:
(a) The cost of maintaining, repairing, regulating and operating the
said facilities; and
(b) The bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue income to be derived from the exhibitions, office
rentals, air space leases and rentals, and other revenue, if any, the
Authority may execute and deliver a trust agreement or agreements; provided
that no lien upon any physical property of the Authority shall be created
thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, civil action
and proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
Before any such bonds (excepting refunding bonds) are sold the entire
authorized issue, or any part thereof, shall be offered for sale as a unit
after advertising for bids at least 3 times in a daily newspaper of
general circulation published in the metropolitan area, the last
publication to be at least 10 days before bids are required to be filed.
Copies of such advertisement may be published in any newspaper or financial
publication in the United States. All bids shall be sealed, filed and
opened as provided by ordinance and the bonds shall be awarded to the
highest and best bidder or bidders therefor. The Authority shall have the
right to reject all bids and readvertise for bids in the manner provided
for in the initial advertisement. If no bids are received, however, such
bonds may be sold at not less than par value, without further advertising,
within 60 days after the bids are required to be filed pursuant to any
advertisement.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-12
(65 ILCS 5/11-48.3-12) (from Ch. 24, par. 11-48.3-12)
Sec. 11-48.3-12.
Under no circumstances shall any bonds
issued by the Authority be or become an indebtedness or
obligation of the State of Illinois or of any other political
subdivision of or municipality within the State, nor shall any
such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation
or provision, and it shall be plainly stated on the face of
each bond that it does not constitute such an indebtedness or
obligation but is payable solely from the revenues or income
as aforesaid.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-13
(65 ILCS 5/11-48.3-13) (from Ch. 24, par. 11-48.3-13)
Sec. 11-48.3-13.
The State and all counties, cities, villages,
incorporated towns and other municipal corporations, political subdivisions
and public bodies, and public officers of any thereof, all banks, bankers,
trust companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies and other
persons carrying on an insurance business and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or within
their control in any bonds issued pursuant to this Division, it being the
purpose of this Section to authorize the investment in such bonds of all
sinking, insurance, retirement, compensation, pension and trust funds,
whether owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may be construed
as relieving any person from any duty of exercising reasonable care in
selecting securities for investment.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-14
(65 ILCS 5/11-48.3-14) (from Ch. 24, par. 11-48.3-14)
Sec. 11-48.3-14.
The governing and administrative body of the
Authority shall be a Board consisting of 9 members and shall be known as
the Municipal Zoo Authority Board. The members of the Board shall be
individuals of generally recognized ability and integrity. They shall serve
without compensation, but shall be reimbursed for actual expenses incurred
by them in the performance of their duties. Any member of the Board,
however, who is appointed to the office of secretary or treasurer may
receive compensation for his or her services as such officer. No member of
the Board or employee of the Authority shall have any private financial
interest, profit or benefit in any contract, work or business of the
Authority or in the sale or lease of any property to or from the Authority.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-15
(65 ILCS 5/11-48.3-15) (from Ch. 24, par. 11-48.3-15)
Sec. 11-48.3-15.
Within 60 days after corporate authorities of a
single municipality qualified as an Authority under the provisions of
Section 11-48.3-3 of this Division shall adopt a resolution or ordinance
providing for an Authority, the mayor, with the advice and consent of the
corporate authorities, shall appoint 3 members of the Board for an initial
term expiring the second June first after appointment, 3 members of the
Board for an initial term expiring the third June first after appointment,
and 3 members of the Board for an initial term expiring the fifth June
first after appointment, and until their successors have been appointed and
qualified. At the expiration of the term of any member, the mayor with the
advice and consent of the corporate authorities, shall appoint his or her
successor in like manner for a term of 5 years from the first day of June
of the year in which they are appointed, except in case of an appointment
to fill a vacancy.
The Board of an Authority comprised of combinations of municipalities, as
provided in Section 11-48.3-3 of this Division, shall be appointed in the
following manner: memberships for the Board shall be apportioned among the
member municipalities, as nearly as possible, according to the proportion
each municipality's population as determined by the most recent federal
census bears to the total population of the metropolitan area as determined
by the most recent federal census. The initial terms of such appointees for
each such municipality shall then be determined by lot. Each such mayor,
with the advice and consent of his or her respective corporate authorities,
shall then appoint the members allotted to him or her in the manner
provided in this Section.
Within 30 days after certification of his or her appointment, and before
entering upon the duties of office, each member of the Board shall
take and subscribe the constitutional oath of office and file it in the
office of the Secretary of State.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-16
(65 ILCS 5/11-48.3-16) (from Ch. 24, par. 11-48.3-16)
Sec. 11-48.3-16.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any member may
resign from office to take effect when his or her successor has been
appointed and has qualified. The appointing officer may remove any member
of the Board appointed by him or her, in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member, by registered
United States mail, return receipt requested, of a copy of the written
charges against him or her and an opportunity to be publicly heard in
person or by counsel in his or her own defense upon not less than 10 days'
notice. In case of failure to qualify within the time required, or of
abandonment of office, or in case of death, conviction of a felony or
removal from office, a member's office shall become vacant. Each vacancy
shall be filled for the unexpired term by appointment in like manner, as in
case of expiration of the term of a member of the Board.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-17
(65 ILCS 5/11-48.3-17) (from Ch. 24, par. 11-48.3-17)
Sec. 11-48.3-17.
As soon as practicably possible after the appointment
of the initial members, the Board shall organize for the transaction of
business, select a chairperson and a temporary secretary from its own
number, and adopt by-laws and regulations to govern its proceedings. The
initial chairperson and his or her successors shall be elected by the Board
from time to time for the term of his or her office as a member of the
Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-18
(65 ILCS 5/11-48.3-18) (from Ch. 24, par. 11-48.3-18)
Sec. 11-48.3-18.
Regular meetings of the Board shall be held at least
once in each calendar month, the time and place of such meetings to be
fixed by the Board. Five members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution. All such
ordinances and resolutions before taking effect shall be approved by the
chairperson of the Board, and if the chairperson shall approve thereof he
or she shall sign the same, and such as the chairperson shall not approve
he or she shall return to the Board with his or her objections thereto in
writing at the next regular meeting of the Board occurring after the
passage thereof. But in case the chairperson shall fail to return any
ordinance or resolution with his or her objections thereto by the time
aforesaid, the chairperson shall be deemed to have approved the same and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairperson with his or her objections, the vote by
which the same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is passed by the
affirmative vote of at least 6 members, it shall go into effect
notwithstanding the veto of the chairperson. All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which the
Authority is a party.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-19
(65 ILCS 5/11-48.3-19) (from Ch. 24, par. 11-48.3-19)
Sec. 11-48.3-19.
The Board shall appoint a secretary and a treasurer,
who need not be members of the Board, to hold office during the pleasure of
the Board, and fix their duties and compensation. Before entering upon the
duties of their respective offices they shall take and subscribe the
constitutional oath of office, and the treasurer shall execute a bond with
corporate sureties to be approved by the Board. The bond shall be payable
to the Authority in whatever penal sum may be directed upon the faithful
performance of the duties of the office and the payment of all money
received by him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer in such penal
sum as may then be determined by the Board. The obligation of the sureties
shall not extend to any loss sustained by the insolvency, failure or
closing of any savings and loan association or national or State bank
wherein the treasurer has deposited funds if the bank or savings
and loan association has been approved by the Board as a depository for
these funds. The oaths of office and the treasurer's bond shall be filed in
the principal office of the Authority.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-20
(65 ILCS 5/11-48.3-20) (from Ch. 24, par. 11-48.3-20)
Sec. 11-48.3-20.
All funds deposited by the treasurer in any bank or
savings and loan association shall be placed in the name of the Authority
and shall be withdrawn or paid out only by check or draft upon the bank or
savings and loan association, signed by the treasurer and countersigned by
the chairperson of the Board. The Board may designate any of its members or
any officer or employee of the Authority to affix the signature of the
chairperson and another to affix the signature of the treasurer to any
check or draft for payment of salaries or wages and for payment of any
other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-21
(65 ILCS 5/11-48.3-21) (from Ch. 24, par. 11-48.3-21)
Sec. 11-48.3-21.
In case any officer whose signature appears upon any
check or draft, issued pursuant to this Act, ceases (after attaching his or
her signature) to hold office before the delivery thereof to the payee, his
or her signature nevertheless shall be valid and sufficient for all
purposes with the same effect as if he or she had remained in office until
delivery thereof.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-22
(65 ILCS 5/11-48.3-22) (from Ch. 24, par. 11-48.3-22)
Sec. 11-48.3-22.
The Board may appoint a general manager who shall be a
person of recognized ability and business experience to hold office during the
pleasure of the Board. The general manager shall have management of the
properties and business of the Authority and of the employees thereof
subject to the general control of the Board, shall direct the
enforcement of all ordinances, resolutions, rules and regulations of the
Board, and shall perform such other duties as may be prescribed from
time to time by the Board. The Board may appoint a general attorney and
a chief engineer and shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and employees as may
be necessary. It shall define their duties and require bonds of such of
them as the Board may designate. The general manager, general attorney,
chief engineer and all other officers provided for pursuant to this
Section shall be exempt from taking and subscribing any oath of office
and shall not be members of the Board. The compensation of the general
manager, general attorney, chief engineer and all other officers,
attorneys, consultants, agents and employees shall be fixed by the
Board.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-23
(65 ILCS 5/11-48.3-23) (from Ch. 24, par. 11-48.3-23)
Sec. 11-48.3-23.
The Board shall have power to pass all ordinances and
make all rules and regulations proper or necessary to carry into effect the
powers granted to the Authority, with such fines or penalties as may be
deemed proper. All fines and penalties shall be imposed by ordinance, which
shall be published once in a newspaper of general circulation published in the
area embraced by the Authority. No such ordinance shall take effect until
10 days after its publication.
(Source: P.A. 97-146, eff. 1-1-12.)
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65 ILCS 5/11-48.3-24
(65 ILCS 5/11-48.3-24) (from Ch. 24, par. 11-48.3-24)
Sec. 11-48.3-24.
All contracts for sale of property of the value of
more than $2,500 or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed $2,500, shall be let to the
lowest responsible bidder, after advertising for bids, excepting (1) when
repair parts, accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction and others possessing a high
degree of skill; (3) when services such as water, light, heat, power,
telephone or telegraph are required.
All contracts involving less than $2,500 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to insure the best interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, experience, adequacy
of equipment, ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
7 of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross receipts
of which are not taxable under the "Retailers' Occupation Tax Act", approved
June 28, 1933, as now or hereafter amended, there shall be added an amount
equal to the tax which would be payable under said Act, if applicable, and
the lowest in amount of said adjusted bids and bids for sales the gross
receipts of which are taxable under said Act shall be considered the lowest
bid; provided, that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of less
than $2,500 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his bid
with a sworn statement that he has not been a party to any such agreement.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-25
(65 ILCS 5/11-48.3-25) (from Ch. 24, par. 11-48.3-25)
Sec. 11-48.3-25.
Advertisements for bids shall be published at least
twice in a daily newspaper of general circulation published in the
metropolitan area, the last publication to be at least 10 calendar days
before the time for receiving bids, and such advertisements shall also be
posted on readily accessible bulletin boards in the principal office of
the Authority. Such advertisements shall state the time and place for
receiving and opening of bids, and by reference to plans and specifications
on file at the time of the first publication, or in the advertisement
itself, shall describe the character of the proposed contract in sufficient
detail to fully advise prospective bidders of their obligations and to
insure free and open competitive bidding.
All bids in response to advertisements shall be sealed and shall be
publicly opened by the Board, and all bidders shall be entitled to be
present in person or by representatives. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids, shall be
required with the proposal of each bidder. Bond for faithful performance of
the contract with surety or sureties satisfactory to the Board and adequate
insurance may be required in reasonable amounts to be fixed by the Board
before advertising for bids.
The contract shall be awarded as promptly as possible after the opening
of bids. The bid of the successful bidder, as well as the bids of the
unsuccessful bidders, shall be placed on file and be open to public
inspection. All bids shall be void if any disclosure of the terms of any
bid in response to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.
Any bidder who has submitted a bid in compliance with the requirements
for bidding may bring a civil action in the circuit court within the
boundaries of the Authority to compel compliance with the provisions of
this Division relating to the awarding of contracts by the Board.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-26
(65 ILCS 5/11-48.3-26) (from Ch. 24, par. 11-48.3-26)
Sec. 11-48.3-26.
As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested, upon request, and
a copy thereof shall be filed with the county clerk and the appointing
officers as provided in Section 11-48.3-15.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-27
(65 ILCS 5/11-48.3-27) (from Ch. 24, par. 11-48.3-27)
Sec. 11-48.3-27.
Exemption from taxation.
All property of an
Authority created pursuant to this Division shall be exempt from taxation
by the State or any taxing unit therein.
(Source: P.A. 86-279.)
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65 ILCS 5/11-48.3-28
(65 ILCS 5/11-48.3-28) (from Ch. 24, par. 11-48.3-28)
Sec. 11-48.3-28.
The Authority is hereby expressly made the beneficiary of
the provisions of Section 1 of "An Act to make explicit the authorization
for units of local government and certain other governmental bodies to act
as permitted by statute or the Illinois Constitution, notwithstanding effects
on competition", amendatory veto overridden November 3, 1983, as now or
hereafter amended, and the General Assembly intends that the "State action
exemption" to the application of the federal anti-trust laws be fully
available to the Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this Division or other
Illinois law, or (2) within traditional areas of local
governmental activity.
(Source: P.A. 86-249.)
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65 ILCS 5/11-48.3-29
(65 ILCS 5/11-48.3-29) (from Ch. 24, par. 11-48.3-29)
Sec. 11-48.3-29. The Authority shall receive financial
support from the Department of Commerce and Economic Opportunity in the
amounts that may be appropriated for such purpose.
(Source: P.A. 94-793, eff. 5-19-06.)
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