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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art 11 prec Div 80
(65 ILCS 5/Art 11 prec Div 80 heading)
STREETS AND PUBLIC WAYS
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65 ILCS 5/Art. 11 Div. 80
(65 ILCS 5/Art. 11 Div. 80 heading)
DIVISION 80.
GENERAL POWERS OVER
STREETS AND PUBLIC WAYS
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65 ILCS 5/11-80-1
(65 ILCS 5/11-80-1) (from Ch. 24, par. 11-80-1)
Sec. 11-80-1.
All provisions of this Code relating to the control of streets,
alleys, sidewalks and all other public ways are subject to the provisions
of "The Illinois Vehicle Code", as now and hereafter
amended, and the Illinois Highway Code, as now and hereafter amended.
(Source: P.A. 81-840.)
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65 ILCS 5/11-80-2
(65 ILCS 5/11-80-2) (from Ch. 24, par. 11-80-2)
Sec. 11-80-2.
The corporate authorities of each municipality may regulate
the use of the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-2a
(65 ILCS 5/11-80-2a) (from Ch. 24, par. 11-80-2a)
Sec. 11-80-2a.
In areas zoned for residential use, the corporate authorities
may restrict part of each street for "residents parking only".
(Source: P.A. 79-545.)
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65 ILCS 5/11-80-3
(65 ILCS 5/11-80-3) (from Ch. 24, par. 11-80-3)
Sec. 11-80-3.
The corporate authorities of each municipality may prevent
and remove encroachments or obstructions upon the streets and other
municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-4
(65 ILCS 5/11-80-4) (from Ch. 24, par. 11-80-4)
Sec. 11-80-4.
The corporate authorities of each municipality may provide
for the lighting of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-5
(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
Sec. 11-80-5.
The corporate authorities of each municipality, with
the concurrence of two-thirds of all of the alderpersons, trustees or
commissioners elected therein, may levy and collect annually, in
addition to all other taxes now authorized by law, a tax of not to
exceed .05% of the value, as equalized or assessed by the Department of
Revenue, of the taxable property in the municipality,
to be used exclusively for the purpose of lighting streets. The tax
authorized by this Section is in addition to taxes for general corporate
purposes authorized by Section 8-3-1.
The foregoing tax rate limitation, insofar as it is applicable to
municipalities of less than 500,000 population, may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-80-6
(65 ILCS 5/11-80-6) (from Ch. 24, par. 11-80-6)
Sec. 11-80-6.
The corporate authorities of each municipality may provide
for the cleaning of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-7
(65 ILCS 5/11-80-7) (from Ch. 24, par. 11-80-7)
Sec. 11-80-7.
The corporate authorities of each municipality may regulate
the openings in streets and other municipal property for the laying,
building, repairing, and removing of gas or water mains and pipes, or
sewers, tunnels, and drains and may erect gas lights.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-8
(65 ILCS 5/11-80-8) (from Ch. 24, par. 11-80-8)
Sec. 11-80-8.
The corporate authorities of each municipality may regulate
the use of the space over the streets, alleys, other municipal property,
and public places of the city, and upon payment of proper compensation, to
be fixed by ordinance, may permit the use of the space more than 12 feet
above the level of such streets, alleys, property or places, except for
purely private uses.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-9
(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
Sec. 11-80-9.
The corporate authorities of each municipality may prevent
and regulate all amusements and activities having a tendency to annoy or
endanger persons or property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable organization, as defined in Section 2 of the Charitable Games Act, from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met.
(1) The persons to be engaged in the solicitation are | | law enforcement personnel, firefighters, or other persons employed to protect the public safety of a local agency, and that are soliciting solely in an area that is within the service area of that local agency.
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| (2) The charitable organization files an application
| | with the municipality having jurisdiction over the location or locations where the solicitation is to occur. The application shall be filed not later than 10 business days before the date that the solicitation is to begin and shall include all of the following:
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| (A) The date or dates and times of day when the
| | solicitation is to occur.
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| (B) The location or locations where the
| | solicitation is to occur along with a list of 3 alternate locations listed in order of preference.
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| (C) The manner and conditions under which the
| | solicitation is to occur.
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| (D) Proof of a valid liability insurance policy
| | in the amount of at least $1,000,000 insuring the charity or local agency against bodily injury and property damage arising out of or in connection with the solicitation.
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| The municipality shall approve the application within 5 business days after the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this Section and are based on articulated public safety concerns. If the municipality determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past crash history, then the municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. By acting under this Section, a local agency does not waive or limit any immunity from liability provided by any other provision of law.
For purposes of this Section, "local agency" means a municipality, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois.
A home rule unit may not regulate a charitable organization in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-982, eff. 7-1-23 .)
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65 ILCS 5/11-80-10
(65 ILCS 5/11-80-10) (from Ch. 24, par. 11-80-10)
Sec. 11-80-10.
The corporate authorities of each municipality may regulate
and prevent the depositing of ashes, offal, dirt, garbage, or any other
offensive matter in, and to prevent injury to streets, alleys, or other
municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-11
(65 ILCS 5/11-80-11) (from Ch. 24, par. 11-80-11)
Sec. 11-80-11.
The corporate authorities of each municipality may provide
for and regulate cross-walks, curbs, and gutters. However, after the
effective date of this amendatory Act of 1973, all new curbs which are provided
for by any municipality, and all existing curbs which are a part of any
reconstruction, within any block which is contiguous to any highway and in
which more than 50% of the territory is devoted to or zoned for business,
commercial or industrial use shall comply with this Section. In order to
enable persons using wheelchairs to travel freely and without assistance,
at each cross-walk a ramp with non-slip surface shall be built into the
curb so that the sidewalk and street blend to a common level. Such ramp
shall conform to the standards adopted by the Capital Development Board
in accordance with the Environmental Barriers Act. Where because of surrounding
buildings or other restrictions it is impossible to conform the slope with
this requirement, the ramp shall contain a slope with as shallow a rise as
possible under the circumstances. In all ramps there shall be a gradual
rounding at the bottom of the slope.
(Source: P.A. 86-447.)
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65 ILCS 5/11-80-12
(65 ILCS 5/11-80-12) (from Ch. 24, par. 11-80-12)
Sec. 11-80-12.
The corporate authorities of each municipality may authorize
the construction of and may regulate mills, mill-races, and feeders on,
through, or across the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-13
(65 ILCS 5/11-80-13) (from Ch. 24, par. 11-80-13)
Sec. 11-80-13.
The corporate authorities of each municipality may regulate
the use of sidewalks, the construction, repair, and use of openings in
sidewalks, and all vaults and structures thereon and thereunder, including
telephone booths, and may require the owner or occupant of any premises to
keep the sidewalks abutting the premises free from snow and other
obstructions.
(Source: Laws 1963, p. 2430.)
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65 ILCS 5/11-80-14
(65 ILCS 5/11-80-14) (from Ch. 24, par. 11-80-14)
Sec. 11-80-14.
The corporate authorities of each municipality may regulate
and prevent the use of streets, sidewalks, and public property for signs,
sign posts, awnings, awning posts, telegraph poles, watering places, racks,
posting handbills and advertisements.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-15
(65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)
Sec. 11-80-15.
Street advertising; adult entertainment advertising.
(a) The corporate authorities of each municipality may license
street advertising by means of billboards, sign boards, and signs and may
regulate the character and control the location of billboards, sign boards,
and signs upon vacant property and upon buildings.
(b) The corporate authorities of each municipality may further
regulate the character and control the location of adult entertainment
advertising placed on billboards, sign boards, and signs upon vacant property
and upon
buildings that are within 1,000 feet of the property boundaries of schools, day
care
centers, cemeteries, public parks, and places of religious worship.
For the purposes of this subsection, "adult entertainment" means
entertainment provided by an adult bookstore, striptease club, or pornographic
movie theater whose business is the
commercial sale, dissemination, or distribution of sexually explicit materials,
shows, or other exhibitions.
(Source: P.A. 89-605, eff. 8-2-96.)
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65 ILCS 5/11-80-16
(65 ILCS 5/11-80-16) (from Ch. 24, par. 11-80-16)
Sec. 11-80-16.
The corporate authorities of each municipality may regulate
and prohibit the exhibition or carrying of banners, signs, placards,
advertisements, or handbills on the sidewalks, streets, or other municipal
property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-17
(65 ILCS 5/11-80-17) (from Ch. 24, par. 11-80-17)
Sec. 11-80-17.
The corporate authorities of each municipality may regulate
and prevent the flying of flags, banners, or signs across streets or from
houses.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-18
(65 ILCS 5/11-80-18) (from Ch. 24, par. 11-80-18)
Sec. 11-80-18.
The corporate authorities of each municipality may
regulate the numbering of buildings and lots. No change in the
numbering of buildings and lots shall be effective until 30 days after
the election authorities having jurisdiction in the area in which such
numbering is changed and the post office branch serving that area have
been notified by the corporate authority initiating such action of the
change in writing by certified or registered mail.
(Source: P.A. 80-398.)
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65 ILCS 5/11-80-19
(65 ILCS 5/11-80-19) (from Ch. 24, par. 11-80-19)
Sec. 11-80-19.
The corporate authorities of each municipality may
name originally and then may change the name of any street, avenue,
alley, or other public place. No change in the name of any street,
avenue, alley or other public place shall be effective until 30 days
after the election authorities having jurisdiction in the area in which
the name of the public place is changed and the post office branch
serving that area have been notified by the corporate authority
initiating such action of the change in writing by certified or
registered mail.
(Source: P.A. 80-398.)
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65 ILCS 5/11-80-20
(65 ILCS 5/11-80-20) (from Ch. 24, par. 11-80-20)
Sec. 11-80-20.
The corporate authorities of each municipality may regulate
traffic and sales upon the streets, sidewalks, public places, and municipal
property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-21
(65 ILCS 5/11-80-21) (from Ch. 24, par. 11-80-21)
Sec. 11-80-21.
The corporate authorities by condemnation or otherwise may
extend any street or alley over or across, or may construct any sewer under
any railroad track, or through the right-of-way or land of any railroad
company. Where no compensation is made to the railroad company, however,
the municipality shall restore the railroad track, right-of-way, or land so
that its usefulness will not be impaired more than is reasonably necessary.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-23
(65 ILCS 5/11-80-23) (from Ch. 24, par. 11-80-23)
Sec. 11-80-23.
The corporate authorities of each municipality may
employ and fix the compensation of persons to serve as school crossing
guards, on a part-time basis, by directing traffic and protecting
children crossing the streets in going to and from school. The corporate
authorities of any municipality may pay such compensation from general
corporate funds or may levy, annually, in municipalities having a
population of less than 500,000 a special tax for that purpose of not to
exceed .02% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property in that municipality.
Such a tax is in addition to the amount authorized to be levied for
general purposes by Section 8-3-1.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-80-24 (65 ILCS 5/11-80-24) Sec. 11-80-24. Collocation of small wireless facilities. (a) A municipality may propose that a small wireless facility be collocated on an existing utility pole within 200 feet of the wireless providers proposed location within its public rights-of-way under paragraph (3) of subsection (d) of Section 15 of the Small Wireless Facilities Deployment Act and the entity owning the utility pole shall provide access for that purpose. (b) Any fee charged for the use of a utility pole under this Section shall be at the lowest rate charged by the entity owning the utility pole for other wireless providers and shall not exceed the entity's actual costs. (c) Nothing in this Section alters anything in Section 15 of the Small Wireless Facilities Deployment Act.
(Source: P.A. 102-9, eff. 6-3-21.) |
65 ILCS 5/Art. 11 Div. 81
(65 ILCS 5/Art. 11 Div. 81 heading)
DIVISION 81.
STREET AND BRIDGE TAX
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65 ILCS 5/11-81-1
(65 ILCS 5/11-81-1) (from Ch. 24, par. 11-81-1)
Sec. 11-81-1.
The corporate authorities of each municipality, whether
incorporated under the general law or a special charter, which includes
wholly within its corporate limits a township or townships, or a road
district, may levy, annually, a tax for street and bridge purposes of
not to exceed .06% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property in any
township or road district lying wholly within the limits of that
municipality. But if, in the opinion of three-fourths of the members
elected to the city council or board of trustees of such a municipality,
a greater levy for bridge and street purposes is needed, an additional
levy may be made of any sum not exceeding .04% of such taxable property.
Municipalities having a higher limitation than .10% for street and
bridge purposes on July 1, 1967 may continue to levy such higher rate.
The street and bridge tax authorized by this Section shall be in
addition to: (1) any tax that such a municipality is now authorized to
levy for street or bridge purposes, and (2) the tax that such a
municipality is now authorized to levy upon all property within the
municipality, and (3) the amount authorized to be levied for general
purposes as provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-81-2
(65 ILCS 5/11-81-2) (from Ch. 24, par. 11-81-2)
Sec. 11-81-2.
The city council of any city and the board of trustees
of any village or incorporated town, whether organized under the general
law or special charter, which does not correspond to the description set
out in Section 11-81-1, may annually levy a tax for street and bridge
purposes at a rate of not to exceed .06% of the value, as equalized or
assessed by the Department of Revenue, and may by a
three-fourths vote of the members elected to such city council or board
of trustees levy an additional tax for street and bridge purposes at a
rate of not to exceed .04% of the value, as equalized or assessed by the
Department of Revenue, of taxable property within such
city, village or incorporated town. Municipalities having a higher
limitation than .10% for street and bridge purposes on July 1, 1967 may
continue to levy such higher rate. However, if any city, village or
incorporated town levying such tax for street and bridge purposes is
situated as a whole or in part within any road district in which a tax
for road and bridge purposes has also been levied under the authority of
Section 6-501 of the "Illinois Highway Code" as the same may from time
to time be amended, the county clerk shall as to the taxable property
lying within such city, village or incorporated town, reduce and abate
from such street and bridge tax levied by the authority of this Section
11-81-2 a rate equivalent to the amount of all road district road and
bridge taxes accruing to such city, village or incorporated town in
accordance with the provisions of Section 6-507 of the "Illinois Highway
Code" as the same may from time to time be amended.
Such street and bridge tax authorized by this Section 11-81-2 shall
be in addition to any tax any such city, village or incorporated town is
now authorized to levy for street or bridge purposes and shall be in
addition to the tax that such city, village or incorporated town is now
authorized to levy upon the aggregate valuation of all property within
such city, village or incorporated town, and shall be in addition to the
amount authorized to be levied for general purposes as provided by
Section 8-3-1.
(Source: P.A. 81-1509.)
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65 ILCS 5/Art. 11 Div. 82
(65 ILCS 5/Art. 11 Div. 82 heading)
DIVISION 82.
COST OF OILING STREETS
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65 ILCS 5/11-82-1
(65 ILCS 5/11-82-1) (from Ch. 24, par. 11-82-1)
Sec. 11-82-1.
The corporate authorities of any city or village with a
population of less than 20,000 may, for the purpose of oiling the streets
or public highways within the corporate limits of the city or village,
direct the payment of the costs thereof out of any money in the municipal
treasury not otherwise appropriated.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 83
(65 ILCS 5/Art. 11 Div. 83 heading)
DIVISION 83.
RESURFACING STREETS BY SPECIAL
ASSESSMENT
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65 ILCS 5/11-83-1
(65 ILCS 5/11-83-1) (from Ch. 24, par. 11-83-1)
Sec. 11-83-1.
In addition to all other means or methods authorized by law
for the repair, maintenance, resurfacing, or reconstruction of street
pavements, any municipality, by ordinance, may provide for the resurfacing
of streets paved by macadam, brick, granite, blocks, asphalt, cement, or
other type of pavement, when that pavement becomes disintegrated at the
surface or by reason of wear, usage, or lapse of time becomes otherwise
inadequate, defective, or imperfect. The municipality, by that ordinance,
may provide for the payment of the whole or any part of the cost of the
resurfacing of those streets (1) by special taxation of the lots or parcels
of land fronting upon those streets, or (2) by special assessment upon the
property benefited by the improvement of those streets through the
resurfacing, or (3) by apportioning the cost of the resurfacing so that
part of the cost will be paid by special assessment upon the property
benefited and part of it by appropriation from the fund accumulated through
the vehicle tax levied in accordance with the statute for purposes of
street and alley improvement or repair.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-83-2
(65 ILCS 5/11-83-2) (from Ch. 24, par. 11-83-2)
Sec. 11-83-2.
The corporate authorities of any municipality may, of their
own motion, pass ordinances providing for the resurfacing of streets as
specified in Section 11-83-1, and for the nature, character, and locality,
and description thereof. Upon the passage of an ordinance so providing, all
proceedings thereafter to be had for the levy and collection of special
assessments to defray the cost thereof shall be in accordance with the
provisions of Article 9.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 84
(65 ILCS 5/Art. 11 Div. 84 heading)
DIVISION 84.
SIDEWALK CONSTRUCTION AND REPAIR
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65 ILCS 5/11-84-1
(65 ILCS 5/11-84-1) (from Ch. 24, par. 11-84-1)
Sec. 11-84-1.
In addition to any other manner authorized by law, any
municipality, by ordinance, may provide for the construction and repair of
sidewalks therein, along or upon any streets or part of streets therein.
The corporate authorities, by that ordinance, may provide for the payment
of the whole or any part of the cost thereof by special taxation of the
lots, blocks, tracts, or parcels of land touching upon the line where such
a sidewalk is ordered. This special taxation may be either by levying the
whole or any part of the cost thereof upon each of the lots, blocks,
tracts, or parcels of land touching upon the line of the sidewalk, pro
rata, according to their respective values. The values of the lots, blocks,
tracts, or parcels of land shall be determined by the last preceding
assessment thereof for the purpose of state and county taxation. Or the
whole or any part of the cost thereof may be levied upon such lots, blocks,
tracts, or parcels of land in proportion to their frontage upon such
sidewalk, or in proportion to their superficial area, as may be provided by
ordinance ordering the laying down of the sidewalk. In case the ordinance
only requires a part of the cost of the sidewalk to be paid by a special
tax as provided in this section, the residue of the cost shall be paid out
of any fund of the municipality raised by general taxation upon the
property in the municipality and not otherwise appropriated. Such a
municipality, by one and the same ordinance, may provide for the
construction or repair of sidewalks under this article on 2 or more
streets, or parts of streets, or on one or both sides of any street or
streets, whenever the sidewalks are so connected, or otherwise related, as
to constitute a single system of improvement. A duplicate copy of the
ordinance, duly certified by law, shall be delivered by the clerk of the
municipality to the recorder of deeds of each county in which any part of
the property is located not less than 30 days before commencement of any
construction by the municipality as specified hereinafter in this Division
84. Each recorder shall record the copy and keep it as part of the
permanent records of the office of such recorder. Such special taxes are a
lien upon the property against which they are charged from the date upon
which a copy of said ordinance is filed or recorded, which lien is
discharged when the tax has been paid or the property has been sold
pursuant to Section 11-84-5 of this Act.
When the tax has been fully paid, the corporate authorities of the
municipality shall execute and record, in the recorder's office of the
county in which the land is located, a release of the lien of the taxes so
paid, and shall deliver a copy of the release to the owner of the property.
(Source: P.A. 85-1252.)
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65 ILCS 5/11-84-2
(65 ILCS 5/11-84-2) (from Ch. 24, par. 11-84-2)
Sec. 11-84-2.
Such an ordinance shall define the location of the proposed
sidewalk or the sidewalk to be repaired with reasonable certainty, shall
prescribe its width, the materials of which it is to be constructed and the
manner of its construction, and may provide that the materials and
construction shall be under the supervision of and subject to the approval
of an officer or board of officers of the municipality to be designated in
the ordinance.
The ordinance shall require all owners of lots, blocks, tracts, or
parcels of land touching the line of a proposed sidewalk to construct or
repair a sidewalk in front of or touching upon their respective lots,
blocks, tracts, or parcels of land in accordance with the specifications of
the ordinance, within 30 days after the mailing of notice of the passage of
the ordinance, addressed to the party who last paid the general taxes on
the respective lots, blocks, tracts, or parcels. In default thereof the
municipality may furnish the materials and construct or repair the sidewalk
in accordance with the ordinance, or may enter into a contract for the
furnishing of the materials and the construction or repair of the sidewalk
as hereinafter provided in this Division 84. The cost of such part thereof
as may be fixed in the ordinance may be collected as hereinafter provided
in this Division 84. The municipality may issue vouchers bearing not to
exceed 6% interest annually in payment of these sidewalks, payable solely
out of the special tax provided for in this Division 84 when the tax is
collected.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-3
(65 ILCS 5/11-84-3) (from Ch. 24, par. 11-84-3)
Sec. 11-84-3.
Such an ordinance may provide that a bill of the costs of the
sidewalk, showing the cost of the construction or repair and supervision
thereof, shall be made by the officer or board designated by the ordinance
to take charge of the construction or repair of the sidewalk, together with
a list of the lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk, the names of the parties who last paid the general
taxes on the respective lots, blocks, tracts, or parcels and the frontage,
superficial area, or assessed value as specified in Section 11-84-1,
according as the ordinance may provide for the levy of the cost by the
frontage, superficial area or assessed value.
Thereupon, if the owner of any lot, block, tract, or parcel of land has
failed or refused to construct or repair his portion of the sidewalk in
accordance with the provisions of the ordinance, the specified officer or
board shall proceed to prepare a special tax list against those lots,
blocks, tracts or parcels of land in front of or touching upon which the
sidewalk has not been constructed or repaired, ascertaining by computation
the amount of special taxes and the annual installments thereof to be
charged against each of those lots, blocks, tracts, or parcels of land on
account of the construction or repair of the sidewalk, according to the
rule fixed for the levy of that special tax by the ordinance.
This special tax list shall be filed in the office of the specified
officer or board, and this officer or board shall thereupon issue warrants
directed to the municipal collector, or to such officer as may be
designated in the ordinance, for the collection of the amount of special
tax so ascertained and appearing from this special tax list to be due from
the respective lots, blocks, tracts, or parcels of land touching upon the
line of the sidewalk. However, the aggregate amount of each special tax
shall be divided into 5 annual installments of equal amounts, except that
all fractional amounts shall be added to the first installment, so as to
leave the remaining installments equal in amount and each a multiple of
$100.
The first installment shall be due and payable on the second day of
January next after the date of the first voucher issued on account of the
work done, and the second installment one year thereafter, and so on
annually until all installments are paid. The specified officer or board
shall file in the office of the municipal collector, or such officer as may
be designated to collect the tax, a certificate, signed by the officer or
secretary of the board preparing the tax list, of the date of the first
voucher and of the amount thereof within 30 days after the issuance
thereof.
All the installments shall bear interest as provided in this section
until paid, at the rate of not to exceed 6% annually. Interest on
assessments shall begin to run from the date of the first voucher issued on
account of work done. The interest on each installment shall be payable as
follows: On the second day of January next succeeding the date of the first
voucher as certified, the interest accrued up to date on all unpaid
installments shall be due and payable and it shall be collected with the
installment. Thereafter the interest on all unpaid installments shall be
payable annually and be due and payable at the same time as the installment
maturing in that year and be collected therewith.
In all cases the municipal collector, or the officer designated to
collect the tax, whenever payment is made of any installment, shall collect
all interest that is due up to the date of that payment, whether the
payment is made at or after maturity. Any person may at any time pay the
whole assessment against any lot, block, tract or parcel of land, or any
installment thereof, with interest as provided in this section up to the
date of payment. The municipal collector, or the officer designated to
collect the tax, shall proceed to collect the warrants by mailing a written
notice to the address of the party who last paid the general taxes on the
respective lots, blocks, tracts, or parcels of land in the list, that the
tax list is in his possession for collection. All money so collected shall
be immediately paid over by that officer to the municipal treasurer of that
municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-4
(65 ILCS 5/11-84-4) (from Ch. 24, par. 11-84-4)
Sec. 11-84-4.
Upon failure to collect the special tax as hereinbefore
provided in this Division 84, the municipal collector, or the officer
designated to collect the tax on or before the first day of August in each
year, shall make a written report of this special tax to such general
officer of the county as may be authorized by law to apply for judgment
against and sell lands for taxes due the county or state. This report shall
also contain an enumeration of (1) all the lots, blocks, tracts, or parcels
of land upon which this special tax remains unpaid, (2) the names of the
respective owners thereof, so far as the names are known to the collecting
officer, (3) the amount due and unpaid upon each lot, block, tract, or
parcel and (4) a copy of the ordinance ordering the construction of the
sidewalk. This report shall be accompanied by the oath of the officer that
the list is a correct return of the lots, blocks, tracts, or parcels of
land on which the special tax levied by authority of the municipality for
the cost or partial cost, as the case may be, of the sidewalk specified in
that ordinance remains due and unpaid, and that the amounts therein stated
as due and unpaid, have not been collected, nor any part thereof. This
report, when so made, is prima facie evidence that all the forms and
requirements of the law in relation to making that return have been
complied with, and that the special tax, as mentioned in the report, is due
and unpaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-5
(65 ILCS 5/11-84-5) (from Ch. 24, par. 11-84-5)
Sec. 11-84-5.
When the specified general officer of the county receives
such a report, he shall at once proceed to obtain judgment against the
lots, blocks, tracts, or parcels of land enumerated therein for the special
tax remaining due and unpaid, in the same manner as may be provided by law
for obtaining judgment against land for taxes due and unpaid to the county
and state, and in the same manner shall proceed to sell the same for the
special tax due and unpaid. In obtaining this judgment, and making this
sale, the specified officer shall be governed by the general revenue laws
of Illinois, except when otherwise provided in this Division 84. The
general revenue laws shall also apply to the execution of certificates of
sales and deeds, and to the force and effect of these sales and deeds. All
other laws in relation to the enforcement and collection of taxes, and
redemption from tax sales, shall apply to proceedings to collect this
special tax, except as otherwise provided in this Division 84.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-6
(65 ILCS 5/11-84-6) (from Ch. 24, par. 11-84-6)
Sec. 11-84-6.
Whenever payment of the cost of such sidewalk is required to
be made in part by special tax and in part out of any general fund of the
municipality, and the owner of a lot, block, tract, or parcel of land
constructs or repairs the sidewalk in accordance with the ordinance for its
construction or repair the officer or board directed by the ordinance to
superintend the construction or repair thereof shall thereupon have issued
to that owner, an order on the municipal treasurer for the cost of the
construction or repair of the sidewalk, less the amount of special tax
chargeable to the lot, block, tract, or parcel of land of that owner on the
line of which the sidewalk has been so constructed or repaired.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-7
(65 ILCS 5/11-84-7) (from Ch. 24, par. 11-84-7)
Sec. 11-84-7.
Except as herein otherwise provided for municipalities of
more than 500,000 population, all contracts for the construction or repair
of sidewalks as provided in this Division 84, when the expense thereof
exceeds $1,500, shall be let to the lowest responsible bidder in the
following manner: Notice shall be given by the officer or board designated
in the ordinance to take charge of the construction or repair and
supervision of a sidewalk, by advertisement at least twice, not more than
30 nor less than 15 days in advance of the day of opening the bids, that
bids will be received for the construction or repair of that sidewalk in
accordance with the ordinance therefor, in one or more newspapers published
within the municipality, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the municipality.
In municipalities with less than 500 population in which no newspaper is
published, publication may instead be made by posting a notice in 3
prominent places within the municipality. The notice shall state the time
of opening the bids. All bids offered shall be accompanied by cash or a
check payable to the order of the officer or board having charge of the
improvement, and certified by a responsible bank, for an amount which shall
not be less than 10% of the aggregate of the bid. All contracts shall be
approved by the officer, or the presiding officer of the board, having the
supervision of the construction or repair of that sidewalk.
In municipalities of more than 500,000 population, the letting of
contracts for the construction or repair of sidewalks as provided in this
Division 84 shall be governed by the provisions of Division 10 of Article
8.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-84-8
(65 ILCS 5/11-84-8) (from Ch. 24, par. 11-84-8)
Sec. 11-84-8.
If a special tax for the construction or repair of a sidewalk
is annulled by the corporate authorities or set aside by any court, a new
ordinance may be passed and a new tax may be made and returned. This power
to pass a new ordinance providing for a new tax exists only when (1) the
prior ordinance was passed under "An Act to provide additional means for
the construction of sidewalks in cities, towns and villages," approved
April 15, 1875, as amended, or under this Division 84, and (2) when the
prior ordinance was merely defective but not void.
The proceedings therefor shall be the same as in the first instance, and
all parties in interest shall have like rights and like powers in relation
to any subsequent tax as are hereby given in relation to the first tax. No
special tax shall be levied for work already done under a prior ordinance,
unless it appears that the work was done in good faith, by the
municipality, or under contract duly let and executed, pursuant to an
ordinance providing that the sidewalk should be paid for by special tax.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 85
(65 ILCS 5/Art. 11 Div. 85 heading)
DIVISION 85.
CERTAIN JOINT MUNICIPAL AND
TOWNSHIP CONSTRUCTION PROJECTS
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65 ILCS 5/11-85-1
(65 ILCS 5/11-85-1) (from Ch. 24, par. 11-85-1)
Sec. 11-85-1.
Municipalities lying within one or more townships, or whose
boundaries are coextensive with the boundaries of a township, have the
power to enter into a contract with any township within which the
municipality lies, or with any township lying immediately contiguous to the
municipality, and such township has the power to enter into a contract with
such municipality, for the construction of any public improvement
consisting of the construction of any bridge, subway, elevated way, or
viaduct which may lie partly within the municipality, and partly outside
the municipality and within the township, or consisting of the improvement
of the roadway of any highway or street upon and along which runs the line
of the corporate limits of the municipality, so that the improvement as
proposed would lie partly within the municipality and partly within the
township, in the manner authorized in this Division 85.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-2
(65 ILCS 5/11-85-2) (from Ch. 24, par. 11-85-2)
Sec. 11-85-2.
The corporate authorities of such municipality and the
commissioner of highways in and for such township, in the manner they agree
upon, shall procure (1) detailed plans and specifications of the proposed
improvement, (2) a detailed estimate of the cost thereof prepared by a
competent engineer, showing the total estimated cost of the improvement,
and (3) separate estimates from that engineer of the portions thereof
within and without the municipality. As soon as the corporate authorities
both of the municipality and of the township approve the plans,
specifications, and estimates as a basis for the letting of a contract for
the improvement, and as soon as the proportions of the cost thereof are
agreed upon by the corporate authorities of the municipality and township,
they may proceed jointly to let a contract therefor as provided in this
section.
This contract shall be let only upon competitive bidding, in the manner
provided for the letting of contracts by municipalities for the
constructing of local improvements under the provisions of Article 9,
except that (1) the advertising for bids for the construction of the
proposed improvement shall be authorized and made by the corporate
authorities of both the municipality and the township, (2) bids for the
construction shall be received by those corporate authorities jointly at
the time and place agreed upon and stated in the notice for bids, and (3)
no contract shall be let except by the approval of the corporate
authorities of both the municipality and the township. All contracts shall
be signed and executed by the officials of the municipality and of the
township who may be vested generally, by law or ordinance, with the duty of
the execution of contracts, for and in behalf of the respective bodies, and
all bonds for the performance of a contract shall be made payable to those
corporate bodies jointly.
All consents, agreements, and approvals provided for in this Division 85
shall be by writing and when hereby required to be made or given by a
municipality, shall be made or given by a resolution of the corporate
authorities of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-3
(65 ILCS 5/11-85-3) (from Ch. 24, par. 11-85-3)
Sec. 11-85-3.
If a municipality desires to pay its proportion of the cost
of such an improvement by a special assessment or a special tax upon the
property within the municipality benefited by the improvement, either
before or after the letting of the contract as provided by Section 11-85-2,
it may pass an ordinance providing for the improvement and that the cost
thereof shall be paid by a special tax or a special assessment, to be
levied upon the municipality and upon the property within the municipality
specially benefited by the improvement. The proceedings thereafter for the
levy of that special assessment or special tax, and the collection thereof,
shall conform to the provisions of Article 9, in so far as the provisions
of Article 9 are applicable. It shall be no defense in any proceedings to
levy a special assessment or a special tax hereunder that the special
assessment or special tax is levied for work previously performed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-85-4
(65 ILCS 5/11-85-4) (from Ch. 24, par. 11-85-4)
Sec. 11-85-4.
A municipality participating in the construction of an
improvement specified in this Division 85 has jurisdiction over the part
thereof lying within the corporate limits of the municipality. The
participating township has jurisdiction over that part of the improvement
lying outside the municipality and within the township. The municipality
and the township may repair, maintain, or reconstruct the portions of the
improvement within their respective jurisdictions in the manner provided by
law in cases of similar improvements lying wholly within their respective
jurisdictions. But nothing contained in this section affects any power
otherwise given by law to either the municipality or the township to expend
money in the repair, maintenance, or reconstruction of the entire
improvement or any part thereof.
Although parts of the improvements are under separate jurisdictions, the
municipality and the township interested may enter into contracts with each
other providing for the repair, maintenance, and upkeep, including
lighting, of the improvement, apportioning the cost thereof and providing
the method of that repair, maintenance, and upkeep, as may be agreed upon
between them.
A township may surrender its jurisdiction over such an improvement to
the municipality jointly interested, by agreement made between the
corporate authorities of both the municipality and the township. The
municipality thus assuming that jurisdiction thereafter shall be chargeable
with the repair, maintenance, and upkeep of the part of the improvement so
turned over, and may exercise its police powers thereover in like manner as
if the improvement lay entirely within the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 86
(65 ILCS 5/Art. 11 Div. 86 heading)
DIVISION 86.
MUNICIPAL AND PARK RELATIONSHIP
CONCERNING STREETS
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65 ILCS 5/11-86-1
(65 ILCS 5/11-86-1) (from Ch. 24, par. 11-86-1)
Sec. 11-86-1.
Any city, incorporated town or village may construct and
maintain an elevated way in or upon any street, and construct and maintain
all necessary approaches, inclines and superstructures, and may by
ordinance authorize any commission or board having jurisdiction of a public
park or parks to take over, maintain and control any street or way,
incline, approach or superstructure therein upon terms fixed by such
ordinance.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-86-2
(65 ILCS 5/11-86-2) (from Ch. 24, par. 11-86-2)
Sec. 11-86-2.
Any city, incorporated town or village may by ordinance duly
passed grant to any commission or board having jurisdiction over parks and
boulevards the right to take and improve by means of surface or elevated
ways for vehicles and pedestrians a street or streets not more than one
mile in length in any one instance, and for that purpose to construct,
maintain and control all approaches, inclines and superstructures
convenient or necessary for the purpose aforesaid.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-86-3
(65 ILCS 5/11-86-3) (from Ch. 24, par. 11-86-3)
Sec. 11-86-3.
Where any park is located wholly within any city, the city
council of such city shall have power by ordinance to extend streets
through such park as the needs of the public shall demand. Such needs to be
determined by the park commissioners having control thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-86-4
(65 ILCS 5/11-86-4) (from Ch. 24, par. 11-86-4)
Sec. 11-86-4.
If the street designated in Section 11-86-3 is to be used
only for boulevard purposes, it may be extended through such park at the
grade of other roadways to be crossed by such street so to be extended
within such park in the discretion of the park commissioners having control
thereof. If such street is to be used for general traffic purposes, it
shall be depressed below the street level within such park, as the park
commissioners, having control thereof, shall direct. The cost of the
construction and maintenance of such depression shall be borne by the city.
No such street or streets shall be extended through any park in any city
without the consent and express direction of the park commissioners having
control of such park.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 87
(65 ILCS 5/Art. 11 Div. 87 heading)
DIVISION 87.
RE-LOCATING WATER COURSES
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65 ILCS 5/11-87-1
(65 ILCS 5/11-87-1) (from Ch. 24, par. 11-87-1)
Sec. 11-87-1.
Whenever in the judgment of the corporate authorities of any
city or village it becomes necessary to change or re-locate the channel,
course, or bed of any natural or artificial water course or stream within
the corporate limits of the city or village, in order to properly lay out,
establish, open, alter, widen, extend, grade, pave, or otherwise improve
the streets, alleys, avenues, and sidewalks, or any of them in any part of
the city or village, the corporate authorities are hereby vested with the
power to provide by ordinance for the laying out, establishing, opening,
altering, widening, extending, grading, paving, or otherwise improving
those streets, alleys, avenues, and sidewalks, or any of them in any such
part of the city or village, and by the same ordinance to provide for the
changing or re-locating of the channel, course, or bed of any such water
course or stream within the corporate limits of the city or village. The
entire improvement provided for by such an ordinance shall constitute a
local improvement, the cost of which may be paid for by special assessment,
by special taxation of contiguous property, or by general taxation, or
otherwise, as the corporate authorities by ordinance shall direct, and in
providing for such an improvement they may proceed in accordance with the
provisions of Article 9.
In case the corporate authorities re-locate any such channel or water
course, the title of the State of Illinois in and to any land artificially
made or reclaimed within the corporate limits of any city or village, which
prior to the re-location was, but after the re-location is no longer a part
of the channel, course, or bed of the natural or artificial water course or
stream, shall vest in fee simple absolute, without further act or deed, in
the city or village which so re-locates that channel, course, or bed. The
State of Illinois shall take the same title and to the same extent in
territory in metes and bounds in and to the channel course or bed of the
watercourse or stream, after its re-location by the city or village, as it
had in the channel course or bed of the watercourse or stream, before its
re-location.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-87-2
(65 ILCS 5/11-87-2) (from Ch. 24, par. 11-87-2)
Sec. 11-87-2.
For the purpose of this Division 87, a water course or stream
shall be construed to include all banks, beds, and waters connected with,
adjacent, and leading to the watercourse, or stream.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-87-3
(65 ILCS 5/11-87-3) (from Ch. 24, par. 11-87-3)
Sec. 11-87-3.
Whenever any portion within the corporate limits of a city or
village of a fork, branch, arm, canal, or slip terminating within the city
or village of any natural or artificial watercourse or stream, or a fork,
branch, arm, canal, or slip communicating therewith, has been declared
non-navigable by the Congress of the United States of America, or the
United States of America has surrendered, relinquished, or abandoned
jurisdiction of such a portion thereof as a navigable body of water, and in
the judgment of the corporate authorities of the city or village it becomes
necessary to fill in all or any part of a portion of such a watercourse or
stream in order to properly lay out, establish, open, alter, widen, extend,
grade, pave, or otherwise improve streets, avenues, or alleys, or any of
them, in any part of the city or village, without the construction of a
bridge over or along such a watercourse or stream, the corporate
authorities have the power to provide by ordinance for the laying out,
establishing, opening, altering, widening, extending, grading, paving, or
otherwise improving such streets, avenues, and alleys, or any of them, in
that part of the city or village and by the same ordinance to provide for
the filling in of the channel, course, or bed of a part or all of any
portion of such a watercourse or stream within the corporate limits of the
city or village.
By this ordinance the corporate authorities may provide for taking by
eminent domain of so much of the specified portion of such a watercourse or
stream as the city or village requires for the purposes of any such street,
avenue, or alley and of the rights in such a watercourse or stream of all
owners of land adjoining the specified portion of such a watercourse or
stream. The entire improvement provided for by this ordinance shall
constitute a local improvement, the cost of which may be paid for by
special assessment or special taxation of contiguous property or by general
taxation, or otherwise, as the corporate authorities shall direct by
ordinance. In providing for such an improvement the corporate authorities
may proceed in accordance with the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-87-4
(65 ILCS 5/11-87-4) (from Ch. 24, par. 11-87-4)
Sec. 11-87-4.
The rights, powers, and authority granted in the preceding
sections of this Division 87 shall be subject to the provisions of Section
18 of "An Act in relation to the regulation of the rivers, lakes and
streams of the State of Illinois," approved June 10, 1911, as heretofore
and hereafter amended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-87-5
(65 ILCS 5/11-87-5) (from Ch. 24, par. 11-87-5)
Sec. 11-87-5.
Whenever any city or village has changed, altered, or
relocated or provides by ordinance to change, alter, or relocate the
channel, course, or bed of any natural or artificial watercourse or stream,
within the corporate limits of the city or village, and provides by
ordinance to lay out, establish, open, alter, widen, extend, grade, pave,
construct, or otherwise improve streets, alleys, avenues, sidewalks,
viaducts, subway tunnels, or any of them, and any such improvement consists
of or requires the taking or damaging of property within one-half mile of
any part of the channel, course, or bed of such a natural or artificial
course or stream as changed or provided by ordinance to be changed,
altered, or relocated, the corporate authorities of the city or village may
acquire by condemnation, all property that may be required to enable them
to make the improvement.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 88
(65 ILCS 5/Art. 11 Div. 88 heading)
DIVISION 88.
GRANT TO PUBLIC AUTHORITY FOR
LOCAL TRANSPORTATION
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65 ILCS 5/11-88-1
(65 ILCS 5/11-88-1) (from Ch. 24, par. 11-88-1)
Sec. 11-88-1.
The corporate authorities of each municipality may
grant to any political subdivision, municipal corporation or public
authority of this state with authority to construct and operate
transportation facilities, the right to construct and operate any
facilities for local transportation within the municipality and to use
the streets and other public places therefor. Such right may be granted
for any duration of time and may be exclusive, subject to unexpired
franchise ordinances, but shall not be exclusive of the public right in
any of the streets and public places. Such grant shall not be effective
unless and until it is adopted or approved by a majority of the electors
of the municipality voting upon the proposition, and
if such grant is by ordinance prescribing terms,
conditions and limitations, it shall not be effective unless and until
such ordinance is accepted in writing by the grantee and such acceptance
is filed with the municipal clerk. Such ordinance may be submitted for
approval or adoption at the same election at which any act may be
adopted to create any political subdivision, municipal corporation or
public authority for transportation of persons or property.
The municipal clerk shall promptly certify such ordinance
and proposition for submission at an election in accordance with the general
election law. It shall not be necessary to
print such ordinance in full in the notice of election or on the ballot,
but the notice and ballot shall briefly indicate the nature of the
ordinance setting out its title and date of passage. After any ordinance
prescribing the terms, conditions and limitations of such grant becomes
effective, extensions and additions to such local transportation
facilities may be authorized by ordinance with or without provision for
referendum. After any ordinance prescribing the terms, conditions and
limitations of such grant becomes effective, in cities of 500,000 or
more population, amendments thereto may be made by ordinance, subject to
acceptance in writing by the grantee, as herein provided, without
provision for referendum. Such amendments shall not impair the security
of any indebtedness of the grantee.
(Source: P.A. 81-1489.)
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65 ILCS 5/Art. 11 Div. 89
(65 ILCS 5/Art. 11 Div. 89 heading)
DIVISION 89.
TERMINABLE LOCAL TRANSPORTATION
PERMITS
|
65 ILCS 5/11-89-1
(65 ILCS 5/11-89-1) (from Ch. 24, par. 11-89-1)
Sec. 11-89-1.
Subject to the provisions of Section 11-89-2, every
municipality may grant consent, permission, and authority to construct,
reconstruct, and maintain and operate street railways, railroads and public
utility motor vehicles, or a unified local transportation system comprising
both street railways and railroads and which may also comprise public
utility motor vehicle lines and any other local public utility
transportation facilities in, over, across, along, under, or upon streets,
alleys, subways, public ways or public grounds in the municipality, the
major portion of which street railways, railroads, public utility motor
vehicles, and other local public utility transportation facilities is or is
to be located within, or the major portion of the service of which is or is
to be supplied to the inhabitants of the municipality, without limiting or
fixing any time for the duration of the grant, but reserving to the
municipality the right or option to purchase and take over the local
transportation properties of the grantee provided for in the grant at the
time or times and at the price and upon the terms to be stated or provided
for in the grant.
The grant may also provide that the grantee, if so required by the
municipality, shall sell, assign, transfer, and convey to any other
corporation designated as permittee for the purpose the optional properties
at such time or times and at such price and upon such terms as may be
stated or provided for in the grant.
Every such grant shall be known as a "terminable permit." The grantee
therein, its successors and assigns have the right to construct,
reconstruct, and maintain and operate the optioned properties until the
municipality or its permittee has purchased and taken over those
properties.
In addition to the provisions as to purchase by the municipality or its
permittee, a terminable permit may contain any other terms and conditions
not contrary to or inconsistent with this Division 89 or with the lawful
exercise of the power of the state to regulate public utilities. These
other terms and conditions may include, but are not limited to reasonable
provisions for specified extensions and additions to lines and facilities,
the retirement of investment by amortization or otherwise, or for
compensation for the use of a public property computed either by some
proportion of the receipts from the operation of the property of the
grantee, or otherwise. The circuit court may enforce the
provisions of this paragraph by means of injunction, mandamus, or other
appropriate proceeding.
(Source: P.A. 79-1361.)
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65 ILCS 5/11-89-2
(65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
Sec. 11-89-2.
No ordinance of any municipality granting a terminable
permit shall become effective until a proposition to approve the
ordinance has been submitted to the electors of the municipality and has
been approved by a majority of the electors voting upon the proposition.
Every such ordinance shall order such submission and shall
designate the election at which the proposition is to be submitted. The
municipal clerk shall promptly certify such proposition
for submission.
The proposition need not include the ordinance in full but shall indicate
the nature of the ordinance, and shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance passed by the city council (or board of trustees) of (name of municipality) on (insert YES date), entitled ...., which granted a terminable permit to (here - - - - - - - - - - - - - - - - - -
insert the name of the grantee) to construct, maintain, and operate a NO transportation system upon the terms and conditions therein stated, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/11-89-3
(65 ILCS 5/11-89-3) (from Ch. 24, par. 11-89-3)
Sec. 11-89-3.
The term "railroads" as used in this Division 89 does not
include a railroad constituting or used as a part of a trunk line railroad
system operated as a common carrier of freight and passengers.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 90
(65 ILCS 5/Art. 11 Div. 90 heading)
DIVISION 90.
STREET RAILWAYS
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65 ILCS 5/11-90-1
(65 ILCS 5/11-90-1) (from Ch. 24, par. 11-90-1)
Sec. 11-90-1.
Upon compliance with Section 11-90-2, and with "An Act in
regard to street railroads, and to repeal certain acts herein referred to,"
approved March 7, 1899, as amended, the corporate authorities of each
municipality may permit, regulate, or prohibit the locating, constructing,
or laying a track of any street railway in any street, alley, or public
place.
Permission under this section shall not be granted for a longer time
than for 20 years, except as provided in Sections 11-90-3 and 11-90-4 and
Division 89 of this Article 11.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-2
(65 ILCS 5/11-90-2) (from Ch. 24, par. 11-90-2)
Sec. 11-90-2.
The corporate authorities shall not grant the use of or the
right to lay tracks in any street of the municipality to any railroad or
street railway corporation except upon the petition of the owners of record
of the land representing more than one-half of the frontage of the street,
or so much thereof as is sought to be used for railroad or street railway
purposes. Whenever the street or part thereof sought to be used is more
than one mile in extent, no petition of landowners shall be valid unless
the petition shall be signed by the owners of record of the land
representing more than one-half of the frontage of each mile and of the
fraction of a mile, measuring from the initial point specified in the
petition, of the street or of the part thereof sought to be used for
railroad or street railway purposes. However, the corporate authorities,
without any petition of landowners, may grant the right to lay, maintain
and also to operate railroad or street railway tracks, in, upon, or along
any street, alley, or public place of the municipality in which the tracks
are already laid at the time of making the grant. Also the corporate
authorities, without any petition of landowners, may grant the use of or
the right to lay tracks in any tunnel or subway beneath the surface of any
street, alley, or public place.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-3
(65 ILCS 5/11-90-3) (from Ch. 24, par. 11-90-3)
Sec. 11-90-3.
Subject to the provisions of Section 11-90-4, every
municipality may grant permission for a term longer than 20 years, but not
exceeding 40 years, for locating, constructing, reconstructing,
maintaining, operating, and laying tracks of any street railway in any
street, alley, or public place in the municipality. However, this section
has no application to a grant of a terminable permit expressly authorized
by any law of this state.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-90-4
(65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
Sec. 11-90-4.
No ordinance of any municipality granting permission
under Section 11-90-3 for a term longer than 20 years shall become
operative until a proposition to approve the ordinance has been
submitted to the electors of the municipality and has been
approved by a majority of the electors voting upon the proposition.
Every such ordinance shall order such submission and shall designate
the election at which the proposition is to be submitted in accordance
with the general election law. The municipal clerk shall promptly certify
such proposition to the proper election officials for submission.
The proposition need not include the ordinance in full but which shall
indicate the nature of the ordinance, and shall be substantially in the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance passed by the city council (or board of trustees, etc.) of (name of municipality) on (insert date), entitled YES ...., which granted permission for a term of .... years to (here insert the name of the grantee) to locate, - - - - - - - - - - - - - - - - - - - - -
construct, reconstruct, maintain, operate, and lay tracks, of (here insert the name of the grantee) in NO certain streets, alleys, and public places upon the terms and conditions therein stated, be approved? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/11-90-5
(65 ILCS 5/11-90-5)
Sec. 11-90-5.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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65 ILCS 5/11-90-6
(65 ILCS 5/11-90-6)
Sec. 11-90-6.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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65 ILCS 5/11-90-7
(65 ILCS 5/11-90-7)
Sec. 11-90-7.
Continuation of certain powers derived from the
Capital City Railroad Relocation Authority.
(a) All of the statutory powers and duties that the Capital City Railroad
Relocation Authority had to implement the agreements that it entered into for
Useable Segment 3 (including but not limited to the power to acquire property
exchanged by the railroads for the railroad right-of-way acquired by the
Authority and to sell, transfer, exchange, or assign property as it deems
appropriate), which were transferred to the City of Springfield under Section
11-90-5 of this Code, shall continue in effect and may be exercised by the
City of Springfield until the City has completed the transactions it was
required to perform under Section 11-90-5, but only for the implementation of,
and subject to, those agreements.
(b) Once the City of Springfield has completed the transactions required to
perform the agreements referred to in subsection (a), its powers and duties
under this Section are terminated.
(c) All otherwise lawful actions taken before the effective date of this
Section in reliance on or pursuant to Section 11-90-5 or 11-90-6 of this Code
by any officer or agency of State government or of the City of Springfield or
by any other person or entity are hereby validated.
(d) This Section applies to all claims, civil actions, and proceedings
arising out of actions taken in reliance on or pursuant to Section 11-90-5 or
11-90-6 of this Code that are pending on or filed on or after the effective
date of this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-786, eff. 6-9-00.)
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65 ILCS 5/Art. 11 Div. 91
(65 ILCS 5/Art. 11 Div. 91 heading)
DIVISION 91.
VACATING OF STREETS AND ALLEYS
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65 ILCS 5/11-91-1
(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
Sec. 11-91-1. Whenever the corporate authorities of any municipality,
whether
incorporated by special act or under any general law, determine that the public
interest will be subserved by vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they may vacate that street
or alley, or part thereof, by an ordinance. The ordinance shall provide the
legal description or permanent index number of the particular parcel or parcels
of property acquiring title to the vacated property. But this ordinance
shall be passed
by the affirmative vote of at least three-fourths of the alderpersons, trustees or
commissioners then holding office. This vote shall be taken by ayes and noes
and entered on the records of the corporate authorities.
No ordinance shall be passed vacating any street or alley under a
municipality's jurisdiction and within an unincorporated area without notice
thereof and a hearing thereon. At least 15 days prior to such a hearing,
notice of its time, place and subject matter shall be published in a newspaper
of general circulation within the unincorporated area which the street or alley
proposed for vacation serves. At the hearing all interested persons shall be
heard concerning the proposal for vacation.
The ordinance may provide that it shall not become effective until the owners
of all property or the owner or owners of a particular parcel or parcels
of property abutting upon the street or alley, or part thereof so vacated,
shall pay compensation in an amount which, in the judgment of the corporate
authorities, shall be the fair market value of the property acquired or of
the benefits which will accrue to them by reason of that
vacation, and if there are any public service facilities in such street or
alley, or part thereof, the ordinance shall also reserve to the municipality or
to the public utility, as the case may be, owning such facilities, such
property, rights of way and easements as, in the judgment of the corporate
authorities, are necessary or desirable for continuing public service by means
of those facilities and for the maintenance, renewal and reconstruction
thereof. If the ordinance provides that only the owner or owners of one
particular parcel of abutting property shall make payment, then the owner or
owners of the particular parcel shall acquire title to the entire vacated
street or alley, or the part thereof vacated.
The determination of the corporate authorities that the nature and extent of
the public use or public interest to be subserved in such as to warrant the
vacation of any street or alley, or part thereof, is conclusive, and the
passage
of such an ordinance is sufficient evidence of that determination, whether so
recited in the ordinance or not. The relief to the public from further burden
and responsibility of maintaining any street or alley, or part thereof,
constitutes a public use or public interest authorizing the vacation.
When property is damaged by the vacation or closing of any street or alley,
the
damage shall be ascertained and paid as provided by law.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-91-2
(65 ILCS 5/11-91-2) (from Ch. 24, par. 11-91-2)
Sec. 11-91-2.
Except in cases where the deed, or other instrument,
dedicating a street or alley, or part thereof, has expressly provided for a
specific devolution of the title thereto upon the abandonment or vacation
thereof, whenever any street or alley, or any part thereof, is vacated
under or by virtue of any ordinance of any municipality, the title to the
land included within the street or alley, or part thereof, so vacated,
vests in the then owners of the land abutting thereon, in the same
proportions and to the same extent, as though the street or alley has been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the street or alley had been acquired by the owners as
a part of the land abutting on the street or alley.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 91.1
(65 ILCS 5/Art. 11 Div. 91.1 heading)
DIVISION 91.1.
PERSONS DISPLACED BY FEDERAL AID SYSTEM OF STREETS AND
HIGHWAYS
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65 ILCS 5/11-91.1-1
(65 ILCS 5/11-91.1-1) (from Ch. 24, par. 11-91.1-1)
Sec. 11-91.1-1.
The municipality is authorized to pay, as part of the cost of
construction of any project on the federal aid system of streets and
highways, to a person displaced by said highway project the actual
reasonable expenses in moving said person, his family, his business, or his
farm operation, including the moving of personal property. The allowable
expenses for transportation shall not exceed the cost of moving 50 miles
from the point from which such person, family, business or farm is being
displaced.
The municipality is authorized to adopt rules and regulations as may be
determined necessary to implement the payments as authorized by this
section.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-2
(65 ILCS 5/11-91.1-2) (from Ch. 24, par. 11-91.1-2)
Sec. 11-91.1-2.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person displaced, from a dwelling, who elects
to accept such payment, a moving expense allowance determined according to
a schedule to be established by the municipality, not to exceed $200, and a
further dislocation allowance of $100.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-3
(65 ILCS 5/11-91.1-3) (from Ch. 24, par. 11-91.1-3)
Sec. 11-91.1-3.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person who moves or discontinues his business
or farm operation, who elects to accept such payment, a fixed relocation
payment in an amount equal to the average annual net earnings of the
business or the farm operation, or $5,000, whichever is the lesser. In the
case of a business, no payment shall be made unless the municipality is
satisfied that the business (1) cannot be relocated without a substantial
loss of its existing patronage, and (2) is not part of a commercial
enterprise having at least one other establishment not being acquired for
highway purposes which is engaged in the same or similar business. The term
"average annual net earnings" means one-half of any net earnings of the
business or farm operation, before Federal, State and local income taxes,
during the two taxable years immediately preceding the taxable year in
which such business or farm operation moves from the real property being
acquired for such project, and includes any compensation paid by the
business or farm operation to the owner, his spouse or his dependents
during such two year period.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-4
(65 ILCS 5/11-91.1-4) (from Ch. 24, par. 11-91.1-4)
Sec. 11-91.1-4.
In addition to the amounts heretofore authorized to be paid by the
municipality, the municipality may, as a part of the cost of construction,
make a payment to the owner of real property acquired for a Federal Aid
highway project which is improved by a single, two or three family dwelling
actually owned and occupied by the owner for not less than one year prior
to the initiation of negotiations for the acquisition of such property, an
amount which, when added to the acquisition payment, equals the average
price required for a comparable dwelling determined in accordance with
standards established by the municipality to be a decent, safe and sanitary
dwelling adequate to accommodate the displaced owner, reasonably accessible
to public services and places of employment and available on the private
market. Such payment shall not exceed the sum of $5,000, and shall be made
only to a displaced owner who purchases and occupies a dwelling that meets
the standards established by the municipality within one year subsequent to
the date on which he is required to move from the dwelling acquired for the
highway project. Any individual or family not eligible to receive such
payment, who is displaced from any dwelling which dwelling was actually and
lawfully occupied by such individual and family for not less than ninety
days prior to the initiation of negotiations for acquisition of such
property, may be paid by the municipality an amount necessary to enable
such individual or family to lease or rent for a period not to exceed two
years, or to make the down payment on the purchase of a decent, safe and
sanitary dwelling of standards adequate to accommodate such individual or
family in areas not generally less desirable in regard to public utilities
and public and commercial facilities. Such payment shall not exceed the sum
of $1,500.
(Source: P.A. 76-1644.)
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65 ILCS 5/11-91.1-5
(65 ILCS 5/11-91.1-5) (from Ch. 24, par. 11-91.1-5)
Sec. 11-91.1-5.
In addition to the amounts heretofore authorized to be paid, the municipality
may reimburse the owner of real property acquired for a Federal Aid highway
project the reasonable and necessary expenses incurred for (1) recording
fees, transfer taxes, and similar expenses incidental to conveying such
property; and (2) penalty costs for prepayment of any mortgages entered
into in good faith encumbering such real property, if such mortgage is on
record or has been filed for record under applicable State law on the date
of final approval by the Department of Transportation of the location of
such highway project.
(Source: P.A. 81-840.)
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65 ILCS 5/11-91.1-6
(65 ILCS 5/11-91.1-6) (from Ch. 24, par. 11-91.1-6)
Sec. 11-91.1-6.
Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.
(Source: P.A. 76-1644.)
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65 ILCS 5/Art. 11 Div. 91.2
(65 ILCS 5/Art. 11 Div. 91.2 heading)
DIVISION 91.2.
JURISDICTION OVER ROADS BY AGREEMENT
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65 ILCS 5/11-91.2-1
(65 ILCS 5/11-91.2-1) (from Ch. 24, par. 11-91.2-1)
Sec. 11-91.2-1.
A county or the State may surrender its jurisdiction
over the right-of-way and improvements of all or part of a county or State
highway, street or road to a municipality by agreement made between the
corporate authorities of the municipality and the county board or the
Illinois Department of Transportation, as the case may be. The agreement
shall provide that the right-of-way and improvements continue to be used as
a road, street or highway and that the municipality be chargeable with the
repair, maintenance and upkeep of the right-of-way and improvements. The
municipality may exercise its police powers over the right-of-way and
improvements in like manner as if the right-of-way and improvements lay
entirely within the municipality.
(Source: P.A. 85-1421.)
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