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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 5/11-112-4
(65 ILCS 5/11-112-4) (from Ch. 24, par. 11-112-4)
Sec. 11-112-4.
This annual tax provided for in Section 11-112-3 shall be
designated as the levee tax and shall be levied and collected in the same
manner as are the general taxes of that municipality. This tax shall be in
addition to and exclusive of all other taxes which that municipality is now
or hereafter authorized to levy and collect.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-112-5
(65 ILCS 5/11-112-5) (from Ch. 24, par. 11-112-5)
Sec. 11-112-5.
All taxes collected by virtue of Sections 11-112-3 through
11-112-8 shall be deposited in the municipal treasury to the credit of what
shall be called the levee fund. This fund shall be kept separate and apart
from all other funds or money of the municipality and shall be used and
paid out only for the purpose specified in those sections. The money in
this levee fund, as far as possible, shall be kept at interest by the
municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-112-6
(65 ILCS 5/11-112-6) (from Ch. 24, par. 11-112-6)
Sec. 11-112-6.
Such a municipality specified in Section 11-112-3 may
purchase or condemn, by the exercise of the right of eminent domain, all
real estate needed for the purpose of constructing thereon levees,
protective embankments, and structures, and also for the purpose of
obtaining earth or other materials, either within or without the corporate
limits of the municipality, with which to construct, widen, raise,
strengthen, improve, or maintain those levees, protective embankments, and
structures.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-112-7
(65 ILCS 5/11-112-7) (from Ch. 24, par. 11-112-7)
Sec. 11-112-7.
The levee tax provided for by Section 11-112-3 shall
not be levied and collected for any year until the question of its levy
for that year has been certified by the clerk and submitted to a vote
of the electors and has received the affirmative vote of a majority
of the electors voting upon the question.
(Source: P.A. 81-1489.)
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65 ILCS 5/11-112-8
(65 ILCS 5/11-112-8) (from Ch. 24, par. 11-112-8)
Sec. 11-112-8.
Nothing contained in Sections 11-112-3 through 11-112-7
limits the powers granted to municipalities by Sections 11-112-1 and
11-112-2, or possessed by a municipality under this Code or any other Act.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 113
(65 ILCS 5/Art. 11 Div. 113 heading)
DIVISION 113.
SURFACE WATER AND SEWAGE
REMOVAL TAX
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65 ILCS 5/11-113-1
(65 ILCS 5/11-113-1) (from Ch. 24, par. 11-113-1)
Sec. 11-113-1.
The corporate authorities of any municipality having a population
less than 500,000, subject to the referendum provision of Section
11-113-2, may levy, annually, a tax of not to exceed .15% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property therein to provide for the expense of pumping to
remove surface water and sewage due to flood conditions. Revenue raised
by this tax cannot be transferred to any other fund in the municipality
and can be used only for pumping necessitated by flood conditions. This
tax shall be in addition to all taxes authorized by law to be levied and
collected in the municipality and shall be in addition to the amount
authorized to be levied for general purposes provided by Section 8-3-1.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-113-2
(65 ILCS 5/11-113-2) (from Ch. 24, par. 11-113-2)
Sec. 11-113-2.
This Division 113 shall not be in force in any
municipality until the question of its adoption is certified by the clerk
and submitted to the
electors of the municipality and approved by a majority of those voting
on the question at an election in accordance with the general election law.
The question shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall Division 113 of the Illinois Municipal Code permitting municipalities to levy an additional annual tax of not YES to exceed .15% for the purpose of providing revenue for pumping surface - - - - - - - - - - - - - - - - - - -
water and sewage brought about by flood conditions be adopted by the City NO (Village or Incorporated Town, as the case may be) of ....? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the question is in favor of
adopting this Division 113, then such division shall be adopted. It
shall be in force in the adopting municipality for the purpose of the
fiscal years succeeding the year in which the election is held.
(Source: P.A. 81-1489 .)
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65 ILCS 5/Art. 11 Div. 113.1
(65 ILCS 5/Art. 11 Div. 113.1 heading)
DIVISION 113.1.
STORMWATER MANAGEMENT TAX
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65 ILCS 5/11-113.1-1
(65 ILCS 5/11-113.1-1) (from Ch. 24, par. 11-113.1-1)
Sec. 11-113.1-1.
A non-home rule municipality located at least partly in a
county which is preparing a stormwater management plan in accordance with
Section 5-1062 of the Counties Code may levy a tax upon all taxable property
within its corporate limits, at a rate not to exceed 0.06% if the municipality
owns and operates a wastewater treatment plant, and at a rate not to exceed
0.03% if it does not, of the value, as equalized or assessed by the Department
of Revenue, of all taxable property within the municipality, for the purposes
of implementing the stormwater management plan, improving storm sewer and
combined sewer facilities, protecting sanitary sewage treatment works from the
100-year frequency flood, and acquiring lands, buildings and properties in the
100-year floodplain, paying the principal of and interest on any bonds issued
pursuant to this Section for any of the foregoing purposes, and paying the
principal of, premium, if any, and interest on, and any fees relating to, any
loan made to such municipality by the Illinois
Finance Authority,
pursuant to the Illinois Finance
Authority Act for any of the foregoing purposes, or any bond, note or other
evidence of indebtedness of such municipality issued in connection with any
such loan. Such tax shall be in addition to all other taxes authorized by law
to be levied and collected in such municipality and shall be in addition to the
maximum tax rate authorized by law for general municipal purposes. The
limitations on tax rate provided in this Section may be increased or decreased
by referendum in accordance with the provisions of Sections 18-120, 18-125,
and 18-130 of the Property Tax Code.
However, unless the municipality is located at least partly in a
township declared after July 1, 1986 by presidential declaration to be a
disaster area as a result of flooding, the tax authorized by this Section
shall not be levied until the question of its adoption, either for a specified
period or indefinitely, has been submitted to the electors thereof and approved
by a majority of those voting on the question. This question may be submitted
at any election held in the municipality after the adoption of a resolution by
the governing body of the municipality providing for the submission of the
question to the electors of the municipality. The governing body of the
municipality shall certify the resolution and proposition to the proper
election officials, who shall submit the proposition at an election in
accordance with the general election law. If a majority of the votes cast on
the question is in favor of the levy of such tax, it may thereafter be levied
in such municipality for the specified period or indefinitely, as provided in
the proposition. The question shall be put in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall an annual tax be levied for stormwater management purposes YES (for a period of not more than ...... years) at a rate not exceeding - - - - - - - - - - - - - - - - - - -
.....% of the equalized assessed value of the taxable property of NO (municipality)? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Any municipality in a county which has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby authorized to borrow money and to issue
its bonds for the purposes of implementing the stormwater management
plan, improving storm sewer and combined sewer facilities, protecting
sanitary sewage treatment works from the 100-year frequency flood, and
acquiring lands, buildings and properties in the 100-year floodplain.
Any municipality in a county which has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby further authorized to borrow money from the Illinois Finance Authority for the purpose of financing the
protection
of storm sewer outfalls, the construction of adequate storm sewer outfalls
and the provision for flood protection of sanitary sewage treatment plants,
pursuant to the Illinois Finance
Authority Act, and is hereby authorized to enter into loan agreements and other
documents with the Illinois Finance Authority and to
issue its
bonds, notes or other evidences of indebtedness to evidence
its obligation to repay such loan to the Illinois
Finance
Authority. Without the submission of the question to the electors,
notwithstanding any other provision of law to the contrary, such
municipality is hereby authorized to execute such loan agreements and other
documents and to issue such bonds, notes or other evidences of
indebtedness, which loan agreements, documents, bonds, notes or other
evidences of indebtedness may bear such date or dates, may bear interest at
such rate or rates, payable at such time or times, may mature at any time
or times not later than 40 years from the date of issuance, may be payable
at such place or places, may be payable from any funds of such municipality
on hand and lawfully available therefor, including without limitation the
taxes levied pursuant to this Section or from any other taxes or revenues
of such municipality pledged to their payment, may be negotiated at such
price or prices, may be executed in such manner, may be subject to
redemption prior to maturity, may be in such form, may be secured, and may
be subject to such other terms and conditions, all as may be provided in a
resolution or ordinance authorizing the execution of any such loan
agreement or other document or the issuance of such bonds, notes or other
evidences of indebtedness.
(Source: P.A. 93-205, eff. 1-1-04 .)
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65 ILCS 5/Art. 11 Div. 114
(65 ILCS 5/Art. 11 Div. 114 heading)
DIVISION 114.
LEVEE IMPROVEMENT COMMISSION
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65 ILCS 5/11-114-1
(65 ILCS 5/11-114-1) (from Ch. 24, par. 11-114-1)
Sec. 11-114-1.
The corporate authorities of a municipality with a
population of less than 500,000 which (1) is bounded by or through which
flows a river, or (2) is contiguous to or contains within its corporate
limits a portion of a navigable lake, may provide by ordinance for the
creation of a levee improvement commission, consisting of four members
and a chairman. The mayor or president, with the approval of the
corporate authorities, shall appoint the 4 members of the commission.
The mayor or president shall be ex-officio chairman of the commission.
The members of the levee improvement commission shall be electors of
the municipality, and shall serve without compensation. Their terms of
office shall be fixed by the ordinance creating the commission. Before
entering upon their duties, the members shall execute a bond, payable to
the municipality, in the sum of $2,000, conditioned upon the performance
of their duties.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-114-2
(65 ILCS 5/11-114-2) (from Ch. 24, par. 11-114-2)
Sec. 11-114-2.
The levee improvement commission has full control and
supervision of all improvements, docks, levees, industrial developments and
facilities, including terminals and parks, on the river front or lake
shore, and the land, whether developed or undeveloped, approximate to the
river front or lake shore, located within the corporate limits of the
municipality.
All money derived from the tax or the sale of bonds authorized by
Section 11-114-3 shall be under the control of the commission and shall be
expended only upon the warrants of the commission for the purpose
authorized by this Division 114.
The commission may expend money over which it has control, for the
construction, operation, or maintenance of improvements, docks, levees,
industrial developments and facilities, including terminals and parks, on
the river front or lake shore, or of land over which the commission has
control.
The commission may lease any property over which it has control and fix
the terms of the lease, subject to the approval of the corporate
authorities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-114-3
(65 ILCS 5/11-114-3) (from Ch. 24, par. 11-114-3)
Sec. 11-114-3.
Subject to the provisions of this Division 114 the corporate
authorities of any municipality specified in this Division 114 may issue
bonds for the purposes authorized. These bonds shall (1) be issued in the
name of the municipality, (2) be attested by the municipal clerk, (3) bear
interest at a rate of not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually, and (4)
mature at such time not exceeding 20 years from the date thereof, as is
specified in the bonds. The proceeds of the bonds shall be used exclusively
for the purposes authorized by this Division 114.
An annual tax which, when considered in the aggregate for the period for
which the bonds are issued, will be sufficient to pay the principal and
interest of the bonds, may be levied for the payment thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
Any bonds issued under this Section as limited bonds as defined in Section
3 of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
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65 ILCS 5/Art. 11 Div. 114.1
(65 ILCS 5/Art. 11 Div. 114.1 heading)
DIVISION 114.1.
FLOOD INSURANCE RATE MAPS
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65 ILCS 5/11-114.1-1
(65 ILCS 5/11-114.1-1) (from Ch. 24, par. 11-114.1-1)
Sec. 11-114.1-1.
The corporate authority of a municipality which is
subject to the hazards of flooding due to the existence within or near its
borders of a natural waterway shall prominently post copies of the most recent Flood
Insurance Rate Maps, issued by the Federal Emergency Management Agency, in
the municipal hall.
At least once every 5 years, the corporate authority shall replace each
posted map with the most recently issued map.
(Source: P.A. 85-854.)
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65 ILCS 5/Art. 11 Div. 115
(65 ILCS 5/Art. 11 Div. 115 heading)
DIVISION 115.
STATE AID IN FLOOD CONTROL
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65 ILCS 5/11-115-1
(65 ILCS 5/11-115-1) (from Ch. 24, par. 11-115-1)
Sec. 11-115-1.
Whenever the State of Illinois appropriates money for the
purpose of aiding in the construction of or for the purpose of constructing
works to protect against floods, the corporate authorities of any
municipality benefited, or to be benefited, by that protection have the
power to contract with the State of Illinois through the department charged
with the construction of those works for the taking over and maintenance
thereof. Such a contract may be entered into either before or after the
works have been constructed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 115.1
(65 ILCS 5/Art. 11 Div. 115.1 heading)
DIVISION 115.1.
MUNICIPAL - FEDERAL FLOOD
CONTROL PROJECTS
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65 ILCS 5/11-115.1-1
(65 ILCS 5/11-115.1-1) (from Ch. 24, par. 11-115.1-1)
Sec. 11-115.1-1.
Any city, village or incorporated town, may enter into
contracts or agreements with, and give assurances to, the United States
that it will with reference to any flood control project constructed or to
be constructed by the United States and so located as to furnish protection
to the city, village or incorporated town from floods,
(1) Provide without cost to the United States all lands, easements, and
rights-of-way necessary for the construction of the project and for the
subsequent maintenance and operation of the project.
(2) Contribute such part of the first cost of construction of such
project as shall be agreed upon with the United States, either in cash or
in credits, for purchase of material or performance of work forming part of
the project, such first cost to be the sum allowed and approved by the
Secretary of Defense.
(3) Hold and save the United States free and harmless from claims for
damages to any property resulting from construction of the works of the
project, except damages for breach of contract between the United States
and third parties and to which the city, village or incorporated town is
not a party and damages arising from the negligence of the United States,
its servants, agents or employees, where the laws of the United States give
a right of action against the United States.
(4) Maintain and operate all the works after completion of the project,
in accordance with regulations prescribed by the Secretary of Defense.
(5) Establish and enforce flood channel limits approved by the Secretary
of Defense for the protection of any flood channel, against further
encroachments.
(6) Prevent dumping of waste material or the creation of fills within
any flood channel limits.
(7) Regulate under approval of the Secretary of Defense the construction
or reconstruction of bridges or other structures crossing any waterway.
(8) Restrict further residential development in the area protected
unless the city, village or incorporated town or local interests elect to
make sufficient additional contribution to permit construction of the
project for a higher degree of protection substantially as recommended by
the Chief of Engineers of the United States Army and approved by the
Secretary of Defense.
(Source: Laws 1963, p. 852.)
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65 ILCS 5/11-115.1-2
(65 ILCS 5/11-115.1-2) (from Ch. 24, par. 11-115.1-2)
Sec. 11-115.1-2.
Any city, village or incorporated town, entering into any
contract or agreement with or giving any assurance to the United States as
herein authorized, is given full power and authority to perform and do all
acts necessary to comply with the terms of any such contract, agreement or
assurance, to the same extent as if such power and authority were expressly
granted with reference to the different subject matters enumerated in
Section 11-115.1-1.
(Source: Laws 1963, p. 852.)
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65 ILCS 5/11-115.1-3
(65 ILCS 5/11-115.1-3) (from Ch. 24, par. 11-115.1-3)
Sec. 11-115.1-3.
Nothing in this Division 115.1 shall be construed to limit
or qualify any powers or authority conferred on any department of the State
of Illinois by any other law or statute.
(Source: Laws 1963, p. 852.)
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