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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 102
(65 ILCS 5/Art. 11 Div. 102 heading)
DIVISION 102.
AIRPORTS FOR MUNICIPALITIES OF
500,000 OR MORE
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65 ILCS 5/11-102-1
(65 ILCS 5/11-102-1) (from Ch. 24, par. 11-102-1)
Sec. 11-102-1.
Every municipality with a population of 500,000 or more may
establish and maintain public airports, upon (1) any land either within or
outside the corporate limits of the municipality, (2) any public waters of
the State of Illinois within the limits or jurisdiction of or bordering on
the municipality, (3) any submerged land under such public waters, and (4)
any artificial or reclaimed land which before the artificial making or
reclamation thereof constituted a portion of the submerged land under such
public waters.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-2
(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
Sec. 11-102-2.
Every municipality specified in Section 11-102-1 may purchase,
construct, reconstruct, expand and improve landing fields, landing strips,
landing floats, hangars, terminal buildings and other structures relating
thereto and may provide terminal facilities for public airports; may construct,
reconstruct and improve causeways, roadways, and bridges for approaches
to or connections with the landing fields, landing strips and landing floats;
and may construct and maintain breakwaters for the protection of such airports
with a water front. Before any work of construction is commenced in, over
or upon any public waters of the state, the plans and specifications therefor
shall be submitted to and approved by the Department of Transportation of the
state.
Submission to and approval by the Department of Transportation is not
required for any work or construction undertaken as part of the O'Hare
Modernization Program as defined in Section 10 of the O'Hare Modernization
Act.
(Source: P.A. 100-201, eff. 8-18-17.)
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65 ILCS 5/11-102-3
(65 ILCS 5/11-102-3) (from Ch. 24, par. 11-102-3)
Sec. 11-102-3.
Every specified municipality may use, occupy, and reclaim
submerged land under the public waters of the state within the limits or
jurisdiction of or bordering upon the municipality as may be necessary or
appropriate in the exercise of the powers under Sections 11-102-1 and
11-102-2. The power granted by this section is superior to and takes
precedence over any power to reclaim such land heretofore granted to any
person which has not been exercised at the time when the municipality, by
ordinance as to such land therein particularly described, determines to
exercise the power granted by this section.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-4
(65 ILCS 5/11-102-4) (from Ch. 24, par. 11-102-4)
Sec. 11-102-4.
Every municipality specified in Section 11-102-1 may
contract for the removal or relocation of all buildings, railways, mains,
pipes, conduits, wires, poles, and all other structures, facilities and
equipment which may interfere with the location, expansion or improvement
of any public airport, or with the safe approach thereto or take-off
therefrom by aircraft, and may acquire by gift, grant, lease, purchase,
condemnation or otherwise any private property, public property or property
devoted to any public use or rights or easements therein for any purpose
authorized by this Section and Sections 11-102-1 through 11-102-3.
Nothing in this Section limits the powers of the City of Chicago to acquire
property or otherwise exercise its powers under Section 15 of the O'Hare
Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
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65 ILCS 5/11-102-4a
(65 ILCS 5/11-102-4a) (from Ch. 24, par. 11-102-4a)
Sec. 11-102-4a.
Any plan to change a municipal airport's physical facilities, including
but not limited to construction of runways, additions to or relocation of
runways, construction of terminals and of parking areas, shall be subject
to a public hearing if such change:
(1) would affect the residents of any contiguous municipality in the use
and enjoyment of their property;
(2) involves locating or relocating of a State, county, or municipal
street or highway or part thereof by the airport authorities and such
highway, or street, or portion thereof, so affected is situated within the
corporate limits of any contiguous municipality; or
(3) would affect any contiguous municipality in its carrying out of its
governmental or proprietary functions.
(Source: P.A. 76-1341.)
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65 ILCS 5/11-102-4b
(65 ILCS 5/11-102-4b) (from Ch. 24, par. 11-102-4b)
Sec. 11-102-4b.
The municipal clerk of the municipality which established the airport
involved shall publish notice of the hearing at least once, not more than
30 nor less than 15 days before the hearing in a newspaper of general
circulation in the municipalities affected. If no newspaper is generally
circulated in such municipality, publication shall be in a newspaper of
general circulation in the county of the municipalities affected.
(Source: P.A. 76-1341 .)
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65 ILCS 5/11-102-4c
(65 ILCS 5/11-102-4c) (from Ch. 24, par. 11-102-4c)
Sec. 11-102-4c.
At the hearing the airport authorities shall make a full disclosure of
the proposed plan. All interested persons and municipalities may appear and
testify for or against any plan. The hearing may be continued from time to
time at the discretion of the airport authorities to allow necessary
changes in any proposed plan, or to hear or receive additional testimony
from interested persons or municipalities.
(Source: P.A. 76-1341.)
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65 ILCS 5/11-102-4d
(65 ILCS 5/11-102-4d) (from Ch. 24, par. 11-102-4d)
Sec. 11-102-4d.
Sections 11-102-4a, 11-102-4b, and 11-102-4c apply to an
airport which is located either within or outside of the corporate limits of
every municipality specified in Section 11-102-1 establishing the airport.
(Source: P.A. 76-1341.)
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65 ILCS 5/11-102-5
(65 ILCS 5/11-102-5) (from Ch. 24, par. 11-102-5)
Sec. 11-102-5.
Every municipality specified in Section 11-102-1 has the
following additional powers:
(1) to operate any public airport, buildings, structures or facilities
relating thereto and to charge and collect rents, rates or other
compensation for any use thereof or for any service rendered by the
municipality in the operation thereof, provided that, subject to the
capacity thereof, the landing field, landing strips and landing float shall
be available to any person, without unjust or unreasonable discrimination
as to services and charges, for landing and take-off by any aircraft;
(2) to let to, or enter into any operating agreement with, any person
for operation and maintenance of any public airport, but all such leases
and operating agreements shall provide that, subject to the capacity
thereof, the landing field, landing strips and landing float shall be
available to any person, without unjust or unreasonable discrimination as
to services and charges, for landing and take-off by any aircraft;
(3) to let to any person, or grant concessions or privileges in, any
land adjoining the landing field or any building or structure on such land
for the shelter, servicing, manufacturing and repair of aircraft, aircraft
parts and accessories, for receiving and discharging passengers and cargo,
and for the accommodation of the public at such airport;
(4) to regulate the use of such airports, the navigation of aircraft
over such airports and the approach of aircraft and their take-off from
such airports.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-6
(65 ILCS 5/11-102-6) (from Ch. 24, par. 11-102-6)
Sec. 11-102-6.
Every municipality specified in Section 11-102-1 may from
time to time issue its bonds in anticipation of its revenue from such an
airport or airports or from any buildings, structures, or facilities
thereof or relating thereto to accomplish any of the purposes of this
Division 102 and to refund such bonds. These bonds may be authorized by
ordinance and may be issued in one or more series, may bear such dates,
mature at such time or times, not exceeding 40 years from their respective
dates, bear interest at such rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, payable semi-annually, be in such denominations, be
in such form, either coupon or registered, be executed in such manner, be
payable in such medium of payment, at such places, be subject to such terms
of redemption, with or without premium, and may be made registrable as to
principal or as to both principal and interest, as the ordinance may
provide. These bonds may be issued without submission
thereof to the electors of the municipality for approval. The bonds shall
have all the qualities of negotiable paper under the law merchant and the
negotiable instruments law. The bonds shall be sold at a price, so that the
interest cost of the proceeds thereof shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract,
payable semi-annually, computed to maturity according to standard tables of
bond values and shall be sold in such manner and at such time as the
corporate authorities of such municipality shall determine. Pending the
preparation or execution of definitive bonds, interim receipts or
certificates or temporary bonds may be delivered to the purchasers or
pledgees of these bonds. These bonds bearing the signatures of officers in
office on the date of the signing thereof shall be valid and binding
obligations notwithstanding that before the delivery thereof and payment
therefor any or all the persons whose signatures appear thereon cease to be
officers. No holder of any bond issued under this section shall ever have
the right to compel any exercise of taxing power of the municipality to pay
the bond or the interest thereon. Each bond issued under this section shall
recite in substance that the bond, including the interest thereon, is
payable from the revenue pledged to the payment thereof and that the bond
does not constitute a debt of the municipality issuing the bond within any
statutory or constitutional limitation.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-102-7
(65 ILCS 5/11-102-7) (from Ch. 24, par. 11-102-7)
Sec. 11-102-7.
The corporate authorities of any municipality availing
itself of the provisions of Section 11-102-6 shall adopt an ordinance
describing in a general way the airport or airports or facilities thereof
or relating thereto to be purchased, established or improved and refer to
the plans and specifications therefor prepared for that purpose. These
plans and specifications shall be open to the inspection of the public. Any
such ordinance shall set out the estimated cost of the airport or airports
or facilities thereof or relating thereto or of the improvement and shall
fix the maximum amount of revenue bonds proposed to be issued therefor.
This amount shall not exceed the estimated cost of the airport or airports
or facilities thereof or relating thereto or of the improvement including
engineering, legal, and other expenses together with interest cost to a
date 6 months subsequent to the estimated date of completion. Such
ordinance may contain such covenants, which shall be part of the contract
between the municipality and the holders of such bonds and the trustee, if
any, for such bondholders having such rights and duties as may be provided
therein for the enforcement and protection of such covenants, as may be
deemed necessary or advisable as to:
(a) the issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of any such airport or
airports, buildings, structures and facilities and for the payment of the
principal and interest upon such bonds;
(b) the regulations as to the use of any such airport or airports and
facilities to assure the maximum use or occupancy thereof;
(c) the kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues derived from the airport or airports and facilities;
(d) operation, maintenance, management, accounting and auditing,
employment of airport engineers and consultants and the keeping of records,
reports and audits of any such airport or airports and facilities;
(e) the obligation of the municipality to maintain the airport or
airports and facilities in good condition and to operate the same in an
economical and efficient manner;
(f) providing for setting aside of sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful and
the regulation and disposition thereof;
(g) providing for the setting aside of a sinking fund, into which shall
be payable from the revenues of such airport or airports, buildings,
structures and facilities from month to month, as such revenues are
collected, such sums as will be sufficient to pay the accruing interest and
retire the bonds at maturity;
(h) agreeing to fix and collect rents, rates of toll and other charges
for the use of such airport or airports or any buildings, structures or
facilities located thereon or related thereto, sufficient, together with
other available money, to produce revenue adequate to pay the bonds at
maturity and accruing interest and reserves therefor and sufficient to pay
cost of maintenance, operation and depreciation thereof in such order of
priority as shall be provided by the ordinance authorizing the bonds;
(i) fixing procedure by which the terms of any contract with the holders
of the bonds may be amended, the amount of bonds the holders of which must
consent thereto and the manner in which such consent may be given;
(j) providing the procedure for refunding such bonds;
(k) providing whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
ordinance or the trustee, if any, therefor may,
by action, mandamus, injunction or other proceeding, enforce or compel the
performance of all duties required by this Division 102 including the
fixing, maintaining and collecting of such rents, rates or other charges
for the use of such airport or airports or of any buildings, structures or
other facilities located thereon or relating thereto or for any service
rendered by the municipality in the operation thereof as will be
sufficient, together with other available money, to pay the principal of
and interest upon these revenue bonds as the same become due and reserves
therefor and sufficient to pay the cost of maintenance, operation and
depreciation of the airport or airports and facilities in the order of
priority as provided in the ordinance authorizing the bonds, and the
application of the income and revenue thereof;
(m) such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the airport or airports and
facilities and prompt payment of the principal of and interest upon the
bonds so authorized. After this ordinance has been adopted it shall be
published once in a newspaper published and having a general circulation in
the municipality and may not thereafter be amended or rescinded except as
may be provided by specific covenant contained therein as hereinabove
authorized. After the expiration of 10 days from the date of this
publication the ordinance shall be in effect.
(Source: P.A. 83-345.)
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65 ILCS 5/11-102-8
(65 ILCS 5/11-102-8) (from Ch. 24, par. 11-102-8)
Sec. 11-102-8.
Whenever revenue bonds are issued and outstanding under
Sections 11-102-6 and 11-102-7, the entire revenue received from the
operation of the airport or airports or from any building, structures, or
facilities thereof or relating thereto shall be deposited in a separate
fund which shall be used only in paying the principal and interest of these
revenue bonds and reserves therefor and the cost of maintenance, operation
and depreciation of the airport or airports and facilities in such order of
priority as shall be provided by the respective ordinances authorizing
revenue bonds. However, no priority accorded by such an ordinance may be
impaired by a subsequent ordinance authorizing revenue bonds unless
specifically so permitted by a covenant of the kind authorized to be
included in an ordinance by Section 11-102-7. Such revenue in excess of
requirements for payment of principal of and interest upon these bonds and
reserves therefor and for payment of cost of maintenance, operation and
depreciation of the airport or airports and facilities may be used for
rehabilitation of existing airports and facilities, necessary
reconstruction and expansion, construction of new facilities or for
retirement of any outstanding bonds issued for airport purposes. After all
such bonds have been paid, such revenues may be transferred to the general
corporate fund of any such municipality and may be used for the
maintenance, operation, repair and development of such airport or airports
or buildings, structures or facilities thereof or relating thereto or for
any corporate purpose.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-9
(65 ILCS 5/11-102-9) (from Ch. 24, par. 11-102-9)
Sec. 11-102-9.
Every municipality specified in Section 11-102-1 may secure
grants and loans, or either, from the United States government, or any
agency thereof, for financing the establishment and construction of any
airport, or any part thereof, authorized by this Division 102. For such
purposes it may issue and sell or pledge to the United States government,
or any agency thereof, all or any part of the revenue bonds authorized
under Section 11-102-6, and execute contracts and documents and do all
things that may be required by the United States government, or any agency
thereof, provided that such contracts and documents do not conflict with
the provisions of any ordinance authorizing and securing the payment of
outstanding bonds of the municipality theretofore issued that are payable
from the revenues derived from the operation of the airport or airports or
from any buildings, structures or facilities thereof or relating thereto.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-10
(65 ILCS 5/11-102-10) (from Ch. 24, par. 11-102-10)
Sec. 11-102-10.
The provisions of this Division 102 are subject to the
provisions of the Illinois Aeronautics Act, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-102-15 (65 ILCS 5/11-102-15)
Sec. 11-102-15. Chicago Midway International Airport; application of other Acts. In addition to the provisions of this Division 102, Chicago Midway International Airport is subject to the provisions of the Local Government Facility Lease Act.
(Source: P.A. 94-750, eff. 5-9-06.) |
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