(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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(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 heading) DIVISION 114.1.
FLOOD INSURANCE RATE MAPS
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(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 heading) DIVISION 115.
STATE AID IN FLOOD CONTROL
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(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 heading) DIVISION 115.1.
MUNICIPAL - FEDERAL FLOOD
CONTROL PROJECTS
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(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) (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) (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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(65 ILCS 5/Art 11 prec Div 116 heading)
MONUMENTS AND MEMORIALS
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(65 ILCS 5/Art. 11 Div. 116 heading) DIVISION 116.
MONUMENTS FOR SOLDIERS,
SAILORS, DISTINGUISHED PERSONAGES
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(65 ILCS 5/11-116-1) (from Ch. 24, par. 11-116-1)
Sec. 11-116-1.
Subject to the provisions of this Division 116, a
municipality with a population of less than 100,000 may erect monuments
or memorials in honor of its soldiers and sailors or in honor of any one
or more of its notable or distinguished persons.
To defray the cost of constructing such a monument or memorial the
municipality may levy a direct tax of not more than .01% of the value,
as equalized or assessed by the Department of Revenue,
of all taxable property within the corporate limits of the municipality.
This tax shall be in addition to the taxes now or hereafter authorized
by law to be levied and collected by the municipality and shall be in
addition to the amount authorized to be levied for general purposes as
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 5/11-116-2) (from Ch. 24, par. 11-116-2)
Sec. 11-116-2.
When the petition specified in this Division 116 is
filed with the municipal clerk of a municipality specified in this
Division 116, the question of erecting a monument or memorial shall be
certified by the clerk and submitted to the electors of the municipality.
The question shall be in substantially the following form:
Shall a monument (or memorial be erected in honor of YES ....... (insert for whom to be
erected) by .......... (insert name of the municipality) at a NO cost not to exceed $....?
If a majority of those voting on the question vote yes, the
corporate authorities shall have the monument or memorial erected and,
if necessary, shall levy and collect, in the same manner as other
general taxes are levied and collected, a tax sufficient to raise the
amount specified in the petition, and to provide for the maintenance of the memorial.
(Source: P.A. 98-312, eff. 8-12-13.)
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(65 ILCS 5/11-116-3) (from Ch. 24, par. 11-116-3)
Sec. 11-116-3.
The petition referred to in Section 11-116-3 shall be signed
by not less than 100 electors of the municipality in which the specified
question is to be voted upon. The petition shall state the specific purpose
for which the proposed monument or memorial is to be erected, whether in
honor of the soldiers and sailors of the municipality or in honor of any
one or more of its notable and distinguished persons, and shall specify the
amount of money to be expended for the erection of the proposed monument or
memorial. The cost of the monument or memorial, however, shall not exceed
the amount authorized by referendum.
(Source: P.A. 76-1234.)
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(65 ILCS 5/11-116-4) (from Ch. 24, par. 11-116-4)
Sec. 11-116-4.
All municipalities whose electors have approved the erection
of a monument or memorial under "An Act to authorize cities, villages and
incorporated towns having a population of less than one hundred thousand to
erect monuments and memorials," approved May 10, 1919, as amended, may
continue to levy the tax thereby authorized as long as its levy would be
authorized if the monument or memorial had been erected under the
provisions of this Division 116.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 117 heading)
MUNICIPAL UTILITIES
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(65 ILCS 5/Art. 11 Div. 117 heading)
DIVISION 117.
CONSTRUCTION AND LEASING OF
CERTAIN UTILITIES
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(65 ILCS 5/11-117-1) (from Ch. 24, par. 11-117-1)
Sec. 11-117-1.
Subject to the provisions of this Division 117, any
municipality may (1) acquire, construct, own and operate within the
corporate limits of the municipality any public utility the product or
service of which, or a major portion thereof, is or is to be supplied to
the municipality or its inhabitants and may contract for, purchase and sell
the product or service of any such utility; provided, however, that any
municipality may acquire, construct, own and operate without the corporate
limits of any municipality any public utility for the transportation of
persons; (2) acquire, construct, own, maintain and operate without the
corporate limits of any municipality any electric power lines or
substations necessary solely to provide power or a source of power for such
municipality, and, when it is found necessary and in the public interest by
the Illinois Commerce Commission, to acquire by eminent domain any property
without the corporate limits of any municipality for such purposes, but no
new customer which an electric supplier is entitled to serve under the
Electric Supplier Act may be served from any line, lines or other
facilities located without the corporate limits of a municipality unless
waiver to serve such a customer is given in writing by the electric
supplier; (3) lease any public utility owned by the municipality to any
corporation organized under the laws of this state for the purpose of
operating that public utility, for a period not longer than 20 years; (4)
fix the rates and charges for the product sold and the services rendered by
any such public utility; and (5) make all needful rules and regulations in
relation thereto.
However, no municipality shall acquire or operate a public utility for
or in connection with the transportation of persons under the provisions of
this Division 117 if there is operating in such municipality any other
publicly or privately owned public utility that provides such a service;
and no municipality located within or partly within a county having 400,000
or more inhabitants may acquire by eminent domain any land or right of way
for any electrical power line or substation outside of its corporate
limits.
(Source: P.A. 77-2465.)
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