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Illinois Compiled Statutes
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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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