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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 5/11-76.1-1
(65 ILCS 5/11-76.1-1) (from Ch. 24, par. 11-76.1-1)
Sec. 11-76.1-1.
The corporate authorities of each municipality having a
population of less than 500,000 inhabitants have the power by ordinance
adopted by an affirmative vote of two-thirds of the elected corporate
authorities then holding office:
(i) To purchase or lease real or personal property for public purposes
pursuant to contracts or leases which provide for the consideration for
such purchase or lease to be paid in annual installments during a period
not exceeding 20 years;
(ii) To lease as lessee and to purchase real property or personal
property for public purposes pursuant to a lease or purchase agreement
which lease or purchase agreement may provide that the municipality may, at
its option, purchase the property which is subject to the agreement or
lease upon terms wherein payments previously made, or a portion of them,
are deducted from the purchase price of the property as provided for in
such lease or agreement.
A municipality, having adopted and filed with the municipal clerk such
installment or lease agreement, executed by officers of the municipality,
may issue debt certificates to any person either in lieu of or in evidence
of the amounts payable under such lease or installment agreement. Such
certificates may contain such terms as are provided for the issuance of
bonds generally under Section 10 of the Local Government Debt Reform Act, as
now or hereafter amended, except to the extent such terms expressly
conflict with limitations set forth in this Division. Cash proceeds
received upon issuance of such certificates shall be duly applied to the
acquisition and construction and payment for the real or personal property
which is the subject of such installment or lease agreement.
(Source: P.A. 85-1419.)
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65 ILCS 5/11-76.1-2
(65 ILCS 5/11-76.1-2) (from Ch. 24, par. 11-76.1-2)
Sec. 11-76.1-2.
Whenever and as often as a municipality enters into a
lease or purchase agreement, the governing body of such municipality
shall provide by ordinance for the levy and collection of a direct
annual tax sufficient to pay the annual installments or rent provided
for by any such lease or agreement as and when it becomes due and
payable. A certified copy of the lease or agreement as entered into by
the municipality and a certified copy of the tax levy ordinance of such
municipality providing for the levy and collection of a direct annual
tax sufficient to pay the annual installments of such lease or agreement
shall be filed in the office of the County Clerk of each county in which
any portion of the territory of such municipality is situated, which
certified copies shall constitute the authority for the clerk or clerks
in each case to extend the taxes annually necessary to pay the annual
installments payable under any such lease or agreement as and when the
same become due and payable.
Upon such filing in the office of the County Clerk, or clerks, of the
proper county, it shall be the duty of such County Clerk, or clerks, to
ascertain the rate per cent which, upon the value of all property
subject to taxation within the municipality as that property is assessed
or equalized by the Department of Revenue will produce
a net amount of not less than the amount of the annual installments
provided for in such lease or agreement. The County Clerk, or clerks,
shall thereupon and thereafter annually extend taxes against all of the
taxable property contained in that municipality sufficient to pay the
annual installments provided for in such lease or agreement. Such tax
shall be levied and collected in like manner with the other taxes of
such municipality and shall be in addition and in excess of all other
taxes now or hereafter authorized to be levied by that municipality.
This tax shall not be included within any statutory limitation of rate
or amount for that municipality but shall be excluded therefrom and be
in addition thereto and in excess thereof. The funds realized from such
tax levy shall be set aside for the payment of the annual rent and shall
not be disbursed for any other purpose until the annual installment has
been paid in full.
Notwithstanding anything in this Code to the contrary, each
municipality may enter into leases and agreements as provided herein and
such leases or agreements may be made and the obligation and expense
thereunder incurred without making a previous appropriation therefor.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-76.1-3
(65 ILCS 5/11-76.1-3) (from Ch. 24, par. 11-76.1-3)
Sec. 11-76.1-3.
After the ordinance providing for the lease or purchase
of real or personal property has been passed, it shall be published at
least twice within 30 days after its passage in one or more newspapers
published in 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 ordinance shall not
become effective until 30 days after its second publication.
(Source: P.A. 87-767.)
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65 ILCS 5/11-76.1-4
(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4.
Whenever a petition signed by the electors of any
specified municipality equal in number to 10% or more of the total number
of registered voters in the municipality, is filed
with the municipal clerk of any such municipality which has
adopted an ordinance pursuant to the powers granted in Section 11-76.1-1
of this Code, and such petition has been filed with the clerk of the
municipality within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall include (1)
the specific number of voters required to sign the petition; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum, the corporate authorities
shall order the submission of the question to the
municipal electors and designate the election at which the
question shall be submitted. The municipal clerk shall certify the question
to the proper election authority. The municipal clerk shall provide
a petition form to any individual requesting one.
The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance passed by the city council (or board of YES trustees, etc.) of (name of municipality) on (insert date), - - - - - - - - - - - - - - - - - - - - - - - - - - - -
entitled ............., which provides (stating the nature of the proposed ordinance), become NO effective? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the questions are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any municipality which
is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/Art. 11 Div. 76.2
(65 ILCS 5/Art. 11 Div. 76.2 heading)
DIVISION 76.2.
EXCHANGE OF REAL ESTATE
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