(65 ILCS 5/11-111-8) (from Ch. 24, par. 11-111-8)
Sec. 11-111-8.
Every city or village with a population of not more than
500,000 whether incorporated under the general law or a special charter,
whose site is wholly or partially subject to overflow, inundation, or the
unsanitary accumulation of sipe water or surface water, and wholly or
partially surrounded by levees, dykes, or embankments to prevent overflow:
(1) may divide the municipality, or any part thereof, into improvement
districts, (2) may fix the grade of streets, avenues, alleys, or public
grounds within the improvement districts at any height deemed necessary to
give a surface drainage from each improvement district to the river or
rivers which cause the overflow, inundation, or accumulation of sipe and
surface water, and (3) may require all low lots, blocks, or parts thereof,
or tracts of land, within each improvement district, to be filled to the
established grade of adjoining streets, avenues, alleys, or public grounds,
or in such manner as to prevent the overflow or inundation thereof, or such
accumulation of sipe or surface water therein as in the judgment of the
corporate authorities of the municipality would be unsanitary and injurious
to the public health or safety.
Such a city or village shall provide by ordinance for the making of such
a local improvement and in that ordinance shall provide whether the
improvement shall be made (1) by special assessment, or by special taxation
of contiguous property, (2) by general taxation, or (3) by both methods. In
order to carry out the purposes of Sections 11-111-8 through 11-111-10,
such a city or village has all the power in relation to special assessment,
special or general taxation, or for the issuance of bonds in payment of the
cost of the specified local improvement, including the provisions of
Article 9, granted to any city or village in this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-9) (from Ch. 24, par. 11-111-9)
Sec. 11-111-9.
When a specified improvement district has been created by
ordinance under Sections 11-111-8 through 11-111-10, the corporate
authorities shall have an accurate survey of the work contemplated to be
done, made by the city engineer, if there is one, and if not, then by a
competent civil engineer. This engineer shall make and file with the
municipal clerk, plats, profiles, and estimates of the work to be done. The
estimates shall include the cost of all walls or other structures necessary
to hold the earth in its proper place and the cost of the fill upon each
lot, block, or part thereof, and tract of land within the district, which
must be filled under the ordinance. The survey, plat, profile, and
estimates shall be used in estimating the benefit to be charged against the
lots, blocks, or parts thereof, or tracts of land, within that improvement
district by reason of the filing and protection thereof from overflow or
unsanitary accumulation of sipe or surface water.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-111-10) (from Ch. 24, par. 11-111-10)
Sec. 11-111-10.
Each lot, block, or part thereof, or tract of land in an
improvement district specified in Section 11-111-8, whether already filled
to grade or not, may be assessed to pay the cost of the improvement
according to the special benefit it will receive therefrom.
When the ordinance under which the specified local improvement is
ordered provides that the improvement shall be made wholly or partially by
special taxation of contiguous property, the special tax shall be levied,
assessed, and collected, as nearly as may be, in the manner provided by
Article 9. However, no special tax shall be levied or assessed upon any
property to pay for the improvement, in an amount in excess of the special
benefit which that property will receive from the improvement. The
ordinance is not conclusive of that benefit, but the question of that
benefit and of the amount of the special tax are subject to court review,
and shall be tried in the same manner as in proceedings by special
assessment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 111.1 heading) DIVISION 111.1.
REMOVAL OF STREAM OBSTRUCTIONS
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(65 ILCS 5/11-111.1-1) (from Ch. 24, par. 11-111.1-1)
Sec. 11-111.1-1.
The corporate authorities may remove or cause the removal
in such manner as they may direct, the driftwood and other obstructions
from natural and other water courses causing flooding of any part of the
corporate area whether such obstructions are located inside or outside the
corporate limits, and for that purpose, after written notice to the owner
at least 10 days prior thereto, may enter upon the lands or waters of any
person, but subject to responsibility for all damages which shall be
occasioned thereby.
(Source: Laws 1961, p. 2616.)
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(65 ILCS 5/Art. 11 Div. 112 heading) DIVISION 112.
TAXES FOR LEVEE PURPOSES
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(65 ILCS 5/11-112-1) (from Ch. 24, par. 11-112-1)
Sec. 11-112-1.
When a vote has been taken under "An Act to enable cities,
villages and towns threatened with overflow or inundation to levy taxes by
vote of the electors thereof, to strengthen, build, raise or repair the
levees around same and to issue anticipation warrants on such taxes,"
approved June 11, 1897, as amended, or when a vote is taken under this
section and Section 11-112-2 at a general municipal election in a
municipality that is protected by levees or embankments, or that may deem
it necessary to be so protected, and a majority of the legal votes cast at
the election were or are for a tax to build, raise, strengthen, or repair
the levees around the municipality, not exceeding the rate of .1666%
annually, to be levied annually for a period of not exceeding 7 years on
the taxable property of the municipality, the corporate authorities of the
municipality may (1) make an appropriation by ordinance of the proceeds of
the tax so authorized, (2) pass an ordinance levying the tax for the whole
period as authorized by the vote to be annually extended, and (3) draw tax
anticipation warrants thereon to the amount that the tax levy will produce
based on the assessment of the preceding year of all the taxable property
of the municipality. These warrants shall draw interest at not to exceed
the rate authorized by the vote authorizing the tax, not exceeding 7%
annually, but the warrants shall not be sold below par.
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. 76-845.)
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(65 ILCS 5/11-112-2) (from Ch. 24, par. 11-112-2)
Sec. 11-112-2.
The county clerk of the county in which the municipality
specified in Section 11-112-1 is located shall extend each year the taxes
specified in Section 11-112-1, when the ordinance making the levy of the
tax is certified to him. The tax shall be extended at the rate fixed in the
ordinance, not exceeding .1666% for a period not exceeding 7 years. The
county clerk shall extend the tax in a separate column designated the
"Seven Year Levee Tax."
The collector of state and county taxes, when he receives the money
collected from this levee tax, shall pay it to the municipal treasurer,
every 2 weeks, informing the treasurer that this money is from the 7 year
levee tax; and he shall take the treasurer's receipt for the money as 7
year levee tax paid over.
The municipal treasurer shall receive the money so paid over by the
collector and shall pay the money out as rapidly as possible on warrants
issued on the 7 year levee tax only, so long as such warrants remain
unpaid.
This tax shall be levied in addition to taxes for general purposes
authorized 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. 76-845.)
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(65 ILCS 5/11-112-3) (from Ch. 24, par. 11-112-3)
Sec. 11-112-3.
Subject to the provisions of Section 11-112-7, every
municipality, whether incorporated under general law or special charter,
which is subject to overflow or inundation from a river or other sources
may construct, widen, raise, strengthen, improve, and maintain levees,
protective embankments and structures and has the power for any of these
purposes to levy and collect annually a tax of not exceeding .1666% of
the value, as equalized or assessed by the Department of Revenue, of
all the taxable property within its corporate
limits.
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 5/11-112-4) (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) (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) (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) (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) (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 heading) DIVISION 113.
SURFACE WATER AND SEWAGE
REMOVAL TAX
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(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) (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 heading) DIVISION 113.1.
STORMWATER MANAGEMENT TAX
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(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 heading) DIVISION 114.
LEVEE IMPROVEMENT COMMISSION
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(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) (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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