(65 ILCS 5/11-87-1) (from Ch. 24, par. 11-87-1)
Sec. 11-87-1.
Whenever in the judgment of the corporate authorities of any
city or village it becomes necessary to change or re-locate the channel,
course, or bed of any natural or artificial water course or stream within
the corporate limits of the city or village, in order to properly lay out,
establish, open, alter, widen, extend, grade, pave, or otherwise improve
the streets, alleys, avenues, and sidewalks, or any of them in any part of
the city or village, the corporate authorities are hereby vested with the
power to provide by ordinance for the laying out, establishing, opening,
altering, widening, extending, grading, paving, or otherwise improving
those streets, alleys, avenues, and sidewalks, or any of them in any such
part of the city or village, and by the same ordinance to provide for the
changing or re-locating of the channel, course, or bed of any such water
course or stream within the corporate limits of the city or village. The
entire improvement provided for by such an ordinance shall constitute a
local improvement, the cost of which may be paid for by special assessment,
by special taxation of contiguous property, or by general taxation, or
otherwise, as the corporate authorities by ordinance shall direct, and in
providing for such an improvement they may proceed in accordance with the
provisions of Article 9.
In case the corporate authorities re-locate any such channel or water
course, the title of the State of Illinois in and to any land artificially
made or reclaimed within the corporate limits of any city or village, which
prior to the re-location was, but after the re-location is no longer a part
of the channel, course, or bed of the natural or artificial water course or
stream, shall vest in fee simple absolute, without further act or deed, in
the city or village which so re-locates that channel, course, or bed. The
State of Illinois shall take the same title and to the same extent in
territory in metes and bounds in and to the channel course or bed of the
watercourse or stream, after its re-location by the city or village, as it
had in the channel course or bed of the watercourse or stream, before its
re-location.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-87-2) (from Ch. 24, par. 11-87-2)
Sec. 11-87-2.
For the purpose of this Division 87, a water course or stream
shall be construed to include all banks, beds, and waters connected with,
adjacent, and leading to the watercourse, or stream.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-87-3) (from Ch. 24, par. 11-87-3)
Sec. 11-87-3.
Whenever any portion within the corporate limits of a city or
village of a fork, branch, arm, canal, or slip terminating within the city
or village of any natural or artificial watercourse or stream, or a fork,
branch, arm, canal, or slip communicating therewith, has been declared
non-navigable by the Congress of the United States of America, or the
United States of America has surrendered, relinquished, or abandoned
jurisdiction of such a portion thereof as a navigable body of water, and in
the judgment of the corporate authorities of the city or village it becomes
necessary to fill in all or any part of a portion of such a watercourse or
stream in order to properly lay out, establish, open, alter, widen, extend,
grade, pave, or otherwise improve streets, avenues, or alleys, or any of
them, in any part of the city or village, without the construction of a
bridge over or along such a watercourse or stream, the corporate
authorities have the power to provide by ordinance for the laying out,
establishing, opening, altering, widening, extending, grading, paving, or
otherwise improving such streets, avenues, and alleys, or any of them, in
that part of the city or village and by the same ordinance to provide for
the filling in of the channel, course, or bed of a part or all of any
portion of such a watercourse or stream within the corporate limits of the
city or village.
By this ordinance the corporate authorities may provide for taking by
eminent domain of so much of the specified portion of such a watercourse or
stream as the city or village requires for the purposes of any such street,
avenue, or alley and of the rights in such a watercourse or stream of all
owners of land adjoining the specified portion of such a watercourse or
stream. The entire improvement provided for by this ordinance shall
constitute a local improvement, the cost of which may be paid for by
special assessment or special taxation of contiguous property or by general
taxation, or otherwise, as the corporate authorities shall direct by
ordinance. In providing for such an improvement the corporate authorities
may proceed in accordance with the provisions of Article 9.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-87-4) (from Ch. 24, par. 11-87-4)
Sec. 11-87-4.
The rights, powers, and authority granted in the preceding
sections of this Division 87 shall be subject to the provisions of Section
18 of "An Act in relation to the regulation of the rivers, lakes and
streams of the State of Illinois," approved June 10, 1911, as heretofore
and hereafter amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-87-5) (from Ch. 24, par. 11-87-5)
Sec. 11-87-5.
Whenever any city or village has changed, altered, or
relocated or provides by ordinance to change, alter, or relocate the
channel, course, or bed of any natural or artificial watercourse or stream,
within the corporate limits of the city or village, and provides by
ordinance to lay out, establish, open, alter, widen, extend, grade, pave,
construct, or otherwise improve streets, alleys, avenues, sidewalks,
viaducts, subway tunnels, or any of them, and any such improvement consists
of or requires the taking or damaging of property within one-half mile of
any part of the channel, course, or bed of such a natural or artificial
course or stream as changed or provided by ordinance to be changed,
altered, or relocated, the corporate authorities of the city or village may
acquire by condemnation, all property that may be required to enable them
to make the improvement.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 88 heading) DIVISION 88.
GRANT TO PUBLIC AUTHORITY FOR
LOCAL TRANSPORTATION
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(65 ILCS 5/11-88-1) (from Ch. 24, par. 11-88-1)
Sec. 11-88-1.
The corporate authorities of each municipality may
grant to any political subdivision, municipal corporation or public
authority of this state with authority to construct and operate
transportation facilities, the right to construct and operate any
facilities for local transportation within the municipality and to use
the streets and other public places therefor. Such right may be granted
for any duration of time and may be exclusive, subject to unexpired
franchise ordinances, but shall not be exclusive of the public right in
any of the streets and public places. Such grant shall not be effective
unless and until it is adopted or approved by a majority of the electors
of the municipality voting upon the proposition, and
if such grant is by ordinance prescribing terms,
conditions and limitations, it shall not be effective unless and until
such ordinance is accepted in writing by the grantee and such acceptance
is filed with the municipal clerk. Such ordinance may be submitted for
approval or adoption at the same election at which any act may be
adopted to create any political subdivision, municipal corporation or
public authority for transportation of persons or property.
The municipal clerk shall promptly certify such ordinance
and proposition for submission at an election in accordance with the general
election law. It shall not be necessary to
print such ordinance in full in the notice of election or on the ballot,
but the notice and ballot shall briefly indicate the nature of the
ordinance setting out its title and date of passage. After any ordinance
prescribing the terms, conditions and limitations of such grant becomes
effective, extensions and additions to such local transportation
facilities may be authorized by ordinance with or without provision for
referendum. After any ordinance prescribing the terms, conditions and
limitations of such grant becomes effective, in cities of 500,000 or
more population, amendments thereto may be made by ordinance, subject to
acceptance in writing by the grantee, as herein provided, without
provision for referendum. Such amendments shall not impair the security
of any indebtedness of the grantee.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 89 heading) DIVISION 89.
TERMINABLE LOCAL TRANSPORTATION
PERMITS
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(65 ILCS 5/11-89-1) (from Ch. 24, par. 11-89-1)
Sec. 11-89-1.
Subject to the provisions of Section 11-89-2, every
municipality may grant consent, permission, and authority to construct,
reconstruct, and maintain and operate street railways, railroads and public
utility motor vehicles, or a unified local transportation system comprising
both street railways and railroads and which may also comprise public
utility motor vehicle lines and any other local public utility
transportation facilities in, over, across, along, under, or upon streets,
alleys, subways, public ways or public grounds in the municipality, the
major portion of which street railways, railroads, public utility motor
vehicles, and other local public utility transportation facilities is or is
to be located within, or the major portion of the service of which is or is
to be supplied to the inhabitants of the municipality, without limiting or
fixing any time for the duration of the grant, but reserving to the
municipality the right or option to purchase and take over the local
transportation properties of the grantee provided for in the grant at the
time or times and at the price and upon the terms to be stated or provided
for in the grant.
The grant may also provide that the grantee, if so required by the
municipality, shall sell, assign, transfer, and convey to any other
corporation designated as permittee for the purpose the optional properties
at such time or times and at such price and upon such terms as may be
stated or provided for in the grant.
Every such grant shall be known as a "terminable permit." The grantee
therein, its successors and assigns have the right to construct,
reconstruct, and maintain and operate the optioned properties until the
municipality or its permittee has purchased and taken over those
properties.
In addition to the provisions as to purchase by the municipality or its
permittee, a terminable permit may contain any other terms and conditions
not contrary to or inconsistent with this Division 89 or with the lawful
exercise of the power of the state to regulate public utilities. These
other terms and conditions may include, but are not limited to reasonable
provisions for specified extensions and additions to lines and facilities,
the retirement of investment by amortization or otherwise, or for
compensation for the use of a public property computed either by some
proportion of the receipts from the operation of the property of the
grantee, or otherwise. The circuit court may enforce the
provisions of this paragraph by means of injunction, mandamus, or other
appropriate proceeding.
(Source: P.A. 79-1361.)
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(65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
Sec. 11-89-2.
No ordinance of any municipality granting a terminable
permit shall become effective until a proposition to approve the
ordinance has been submitted to the electors of the municipality and has
been approved by a majority of the electors voting upon the proposition.
Every such ordinance shall order such submission and shall
designate the election at which the proposition is to be submitted. The
municipal clerk shall promptly certify such proposition
for submission.
The proposition need not include the ordinance in full but shall indicate
the nature of the ordinance, and shall be substantially in the following form:
Shall the ordinance passed by the city council (or board of trustees) of (name of municipality) on (insert YES date), entitled ...., which granted a terminable permit to (here
insert the name of the grantee) to construct, maintain, and operate a NO transportation system upon the terms and conditions therein stated, be approved?
(Source: P.A. 91-357, eff. 7-29-99 .)
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(65 ILCS 5/11-89-3) (from Ch. 24, par. 11-89-3)
Sec. 11-89-3.
The term "railroads" as used in this Division 89 does not
include a railroad constituting or used as a part of a trunk line railroad
system operated as a common carrier of freight and passengers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 90 heading) DIVISION 90.
STREET RAILWAYS
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(65 ILCS 5/11-90-1) (from Ch. 24, par. 11-90-1)
Sec. 11-90-1.
Upon compliance with Section 11-90-2, and with "An Act in
regard to street railroads, and to repeal certain acts herein referred to,"
approved March 7, 1899, as amended, the corporate authorities of each
municipality may permit, regulate, or prohibit the locating, constructing,
or laying a track of any street railway in any street, alley, or public
place.
Permission under this section shall not be granted for a longer time
than for 20 years, except as provided in Sections 11-90-3 and 11-90-4 and
Division 89 of this Article 11.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-90-2) (from Ch. 24, par. 11-90-2)
Sec. 11-90-2.
The corporate authorities shall not grant the use of or the
right to lay tracks in any street of the municipality to any railroad or
street railway corporation except upon the petition of the owners of record
of the land representing more than one-half of the frontage of the street,
or so much thereof as is sought to be used for railroad or street railway
purposes. Whenever the street or part thereof sought to be used is more
than one mile in extent, no petition of landowners shall be valid unless
the petition shall be signed by the owners of record of the land
representing more than one-half of the frontage of each mile and of the
fraction of a mile, measuring from the initial point specified in the
petition, of the street or of the part thereof sought to be used for
railroad or street railway purposes. However, the corporate authorities,
without any petition of landowners, may grant the right to lay, maintain
and also to operate railroad or street railway tracks, in, upon, or along
any street, alley, or public place of the municipality in which the tracks
are already laid at the time of making the grant. Also the corporate
authorities, without any petition of landowners, may grant the use of or
the right to lay tracks in any tunnel or subway beneath the surface of any
street, alley, or public place.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-90-3) (from Ch. 24, par. 11-90-3)
Sec. 11-90-3.
Subject to the provisions of Section 11-90-4, every
municipality may grant permission for a term longer than 20 years, but not
exceeding 40 years, for locating, constructing, reconstructing,
maintaining, operating, and laying tracks of any street railway in any
street, alley, or public place in the municipality. However, this section
has no application to a grant of a terminable permit expressly authorized
by any law of this state.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
Sec. 11-90-4.
No ordinance of any municipality granting permission
under Section 11-90-3 for a term longer than 20 years shall become
operative until a proposition to approve the ordinance has been
submitted to the electors of the municipality and has been
approved by a majority of the electors voting upon the proposition.
Every such ordinance shall order such submission and shall designate
the election at which the proposition is to be submitted in accordance
with the general election law. The municipal clerk shall promptly certify
such proposition to the proper election officials for submission.
The proposition need not include the ordinance in full but which shall
indicate the nature of the ordinance, and shall be substantially in the
following form:
Shall the ordinance passed by the city council (or board of trustees, etc.) of (name of municipality) on (insert date), entitled YES ...., which granted permission for a term of .... years to (here insert the name of the grantee) to locate,
construct, reconstruct, maintain, operate, and lay tracks, of (here insert the name of the grantee) in NO certain streets, alleys, and public places upon the terms and conditions therein stated, be approved?
(Source: P.A. 91-357, eff. 7-29-99 .)
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(65 ILCS 5/11-90-5)
Sec. 11-90-5.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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(65 ILCS 5/11-90-6)
Sec. 11-90-6.
(Repealed).
(Source: P.A. 91-147, eff. 7-16-99. Repealed internally, eff. 9-30-99.)
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(65 ILCS 5/11-90-7)
Sec. 11-90-7.
Continuation of certain powers derived from the
Capital City Railroad Relocation Authority.
(a) All of the statutory powers and duties that the Capital City Railroad
Relocation Authority had to implement the agreements that it entered into for
Useable Segment 3 (including but not limited to the power to acquire property
exchanged by the railroads for the railroad right-of-way acquired by the
Authority and to sell, transfer, exchange, or assign property as it deems
appropriate), which were transferred to the City of Springfield under Section
11-90-5 of this Code, shall continue in effect and may be exercised by the
City of Springfield until the City has completed the transactions it was
required to perform under Section 11-90-5, but only for the implementation of,
and subject to, those agreements.
(b) Once the City of Springfield has completed the transactions required to
perform the agreements referred to in subsection (a), its powers and duties
under this Section are terminated.
(c) All otherwise lawful actions taken before the effective date of this
Section in reliance on or pursuant to Section 11-90-5 or 11-90-6 of this Code
by any officer or agency of State government or of the City of Springfield or
by any other person or entity are hereby validated.
(d) This Section applies to all claims, civil actions, and proceedings
arising out of actions taken in reliance on or pursuant to Section 11-90-5 or
11-90-6 of this Code that are pending on or filed on or after the effective
date of this amendatory Act of the 91st General Assembly.
(Source: P.A. 91-786, eff. 6-9-00.)
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(65 ILCS 5/Art. 11 Div. 91 heading) DIVISION 91.
VACATING OF STREETS AND ALLEYS
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(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
Sec. 11-91-1. Whenever the corporate authorities of any municipality,
whether
incorporated by special act or under any general law, determine that the public
interest will be subserved by vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they may vacate that street
or alley, or part thereof, by an ordinance. The ordinance shall provide the
legal description or permanent index number of the particular parcel or parcels
of property acquiring title to the vacated property. But this ordinance
shall be passed
by the affirmative vote of at least three-fourths of the alderpersons, trustees or
commissioners then holding office. This vote shall be taken by ayes and noes
and entered on the records of the corporate authorities.
No ordinance shall be passed vacating any street or alley under a
municipality's jurisdiction and within an unincorporated area without notice
thereof and a hearing thereon. At least 15 days prior to such a hearing,
notice of its time, place and subject matter shall be published in a newspaper
of general circulation within the unincorporated area which the street or alley
proposed for vacation serves. At the hearing all interested persons shall be
heard concerning the proposal for vacation.
The ordinance may provide that it shall not become effective until the owners
of all property or the owner or owners of a particular parcel or parcels
of property abutting upon the street or alley, or part thereof so vacated,
shall pay compensation in an amount which, in the judgment of the corporate
authorities, shall be the fair market value of the property acquired or of
the benefits which will accrue to them by reason of that
vacation, and if there are any public service facilities in such street or
alley, or part thereof, the ordinance shall also reserve to the municipality or
to the public utility, as the case may be, owning such facilities, such
property, rights of way and easements as, in the judgment of the corporate
authorities, are necessary or desirable for continuing public service by means
of those facilities and for the maintenance, renewal and reconstruction
thereof. If the ordinance provides that only the owner or owners of one
particular parcel of abutting property shall make payment, then the owner or
owners of the particular parcel shall acquire title to the entire vacated
street or alley, or the part thereof vacated.
The determination of the corporate authorities that the nature and extent of
the public use or public interest to be subserved in such as to warrant the
vacation of any street or alley, or part thereof, is conclusive, and the
passage
of such an ordinance is sufficient evidence of that determination, whether so
recited in the ordinance or not. The relief to the public from further burden
and responsibility of maintaining any street or alley, or part thereof,
constitutes a public use or public interest authorizing the vacation.
When property is damaged by the vacation or closing of any street or alley,
the
damage shall be ascertained and paid as provided by law.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/11-91-2) (from Ch. 24, par. 11-91-2)
Sec. 11-91-2.
Except in cases where the deed, or other instrument,
dedicating a street or alley, or part thereof, has expressly provided for a
specific devolution of the title thereto upon the abandonment or vacation
thereof, whenever any street or alley, or any part thereof, is vacated
under or by virtue of any ordinance of any municipality, the title to the
land included within the street or alley, or part thereof, so vacated,
vests in the then owners of the land abutting thereon, in the same
proportions and to the same extent, as though the street or alley has been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the street or alley had been acquired by the owners as
a part of the land abutting on the street or alley.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 91.1 heading) DIVISION 91.1.
PERSONS DISPLACED BY FEDERAL AID SYSTEM OF STREETS AND
HIGHWAYS
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(65 ILCS 5/11-91.1-1) (from Ch. 24, par. 11-91.1-1)
Sec. 11-91.1-1.
The municipality is authorized to pay, as part of the cost of
construction of any project on the federal aid system of streets and
highways, to a person displaced by said highway project the actual
reasonable expenses in moving said person, his family, his business, or his
farm operation, including the moving of personal property. The allowable
expenses for transportation shall not exceed the cost of moving 50 miles
from the point from which such person, family, business or farm is being
displaced.
The municipality is authorized to adopt rules and regulations as may be
determined necessary to implement the payments as authorized by this
section.
(Source: P.A. 76-1644.)
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(65 ILCS 5/11-91.1-2) (from Ch. 24, par. 11-91.1-2)
Sec. 11-91.1-2.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person displaced, from a dwelling, who elects
to accept such payment, a moving expense allowance determined according to
a schedule to be established by the municipality, not to exceed $200, and a
further dislocation allowance of $100.
(Source: P.A. 76-1644.)
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(65 ILCS 5/11-91.1-3) (from Ch. 24, par. 11-91.1-3)
Sec. 11-91.1-3.
In lieu of the actual moving expenses heretofore authorized to be paid,
the municipality may pay any person who moves or discontinues his business
or farm operation, who elects to accept such payment, a fixed relocation
payment in an amount equal to the average annual net earnings of the
business or the farm operation, or $5,000, whichever is the lesser. In the
case of a business, no payment shall be made unless the municipality is
satisfied that the business (1) cannot be relocated without a substantial
loss of its existing patronage, and (2) is not part of a commercial
enterprise having at least one other establishment not being acquired for
highway purposes which is engaged in the same or similar business. The term
"average annual net earnings" means one-half of any net earnings of the
business or farm operation, before Federal, State and local income taxes,
during the two taxable years immediately preceding the taxable year in
which such business or farm operation moves from the real property being
acquired for such project, and includes any compensation paid by the
business or farm operation to the owner, his spouse or his dependents
during such two year period.
(Source: P.A. 76-1644.)
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(65 ILCS 5/11-91.1-4) (from Ch. 24, par. 11-91.1-4)
Sec. 11-91.1-4.
In addition to the amounts heretofore authorized to be paid by the
municipality, the municipality may, as a part of the cost of construction,
make a payment to the owner of real property acquired for a Federal Aid
highway project which is improved by a single, two or three family dwelling
actually owned and occupied by the owner for not less than one year prior
to the initiation of negotiations for the acquisition of such property, an
amount which, when added to the acquisition payment, equals the average
price required for a comparable dwelling determined in accordance with
standards established by the municipality to be a decent, safe and sanitary
dwelling adequate to accommodate the displaced owner, reasonably accessible
to public services and places of employment and available on the private
market. Such payment shall not exceed the sum of $5,000, and shall be made
only to a displaced owner who purchases and occupies a dwelling that meets
the standards established by the municipality within one year subsequent to
the date on which he is required to move from the dwelling acquired for the
highway project. Any individual or family not eligible to receive such
payment, who is displaced from any dwelling which dwelling was actually and
lawfully occupied by such individual and family for not less than ninety
days prior to the initiation of negotiations for acquisition of such
property, may be paid by the municipality an amount necessary to enable
such individual or family to lease or rent for a period not to exceed two
years, or to make the down payment on the purchase of a decent, safe and
sanitary dwelling of standards adequate to accommodate such individual or
family in areas not generally less desirable in regard to public utilities
and public and commercial facilities. Such payment shall not exceed the sum
of $1,500.
(Source: P.A. 76-1644.)
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(65 ILCS 5/11-91.1-5) (from Ch. 24, par. 11-91.1-5)
Sec. 11-91.1-5.
In addition to the amounts heretofore authorized to be paid, the municipality
may reimburse the owner of real property acquired for a Federal Aid highway
project the reasonable and necessary expenses incurred for (1) recording
fees, transfer taxes, and similar expenses incidental to conveying such
property; and (2) penalty costs for prepayment of any mortgages entered
into in good faith encumbering such real property, if such mortgage is on
record or has been filed for record under applicable State law on the date
of final approval by the Department of Transportation of the location of
such highway project.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-91.1-6) (from Ch. 24, par. 11-91.1-6)
Sec. 11-91.1-6.
Nothing contained in this amendatory Act creates in any proceedings
brought under the power of eminent domain any element of damages not in
existence as of the date of enactment of this amendatory Act.
(Source: P.A. 76-1644.)
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(65 ILCS 5/Art. 11 Div. 91.2 heading) DIVISION 91.2.
JURISDICTION OVER ROADS BY AGREEMENT
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(65 ILCS 5/11-91.2-1) (from Ch. 24, par. 11-91.2-1)
Sec. 11-91.2-1.
A county or the State may surrender its jurisdiction
over the right-of-way and improvements of all or part of a county or State
highway, street or road to a municipality by agreement made between the
corporate authorities of the municipality and the county board or the
Illinois Department of Transportation, as the case may be. The agreement
shall provide that the right-of-way and improvements continue to be used as
a road, street or highway and that the municipality be chargeable with the
repair, maintenance and upkeep of the right-of-way and improvements. The
municipality may exercise its police powers over the right-of-way and
improvements in like manner as if the right-of-way and improvements lay
entirely within the municipality.
(Source: P.A. 85-1421.)
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(65 ILCS 5/Art 11 prec Div 92 heading)
RECREATIONAL FACILITIES
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(65 ILCS 5/Art. 11 Div. 92 heading) DIVISION 92.
HARBORS FOR RECREATIONAL USE
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(65 ILCS 5/11-92-1) (from Ch. 24, par. 11-92-1)
Sec. 11-92-1.
"Harbor", as used in this Division 92, includes harbors,
marinas, slips, docks, piers, breakwaters, and all buildings, structures,
facilities, connections, equipment, parking areas, and all other
improvements for use in connection therewith.
"Public water" has the meaning ascribed to that term in Section
18 of the Rivers, Lakes, and Streams Act.
"Artificially made or reclaimed land" includes all land which formerly
was submerged under the public waters of the State, the title to which is
in the State, and which has been artificially made or reclaimed in whole or
in part.
(Source: P.A. 103-154, eff. 6-30-23.)
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(65 ILCS 5/11-92-2) (from Ch. 24, par. 11-92-2)
Sec. 11-92-2.
Any city or village of less than 500,000 population bordering
upon any public waters has the power to acquire, construct, replace, enlarge,
improve, maintain and operate a harbor for recreational use and benefit
of the public anywhere within the jurisdiction of the city or village, or
in, over, and upon public waters bordering thereon, subject to the approval
of the Department of Natural Resources of the State of
Illinois and approval of the proper officials of the United States Government.
(Source: P.A. 89-445, eff. 2-7-96.)
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(65 ILCS 5/11-92-3) (from Ch. 24, par. 11-92-3)
Sec. 11-92-3. The city or village, to carry out the purposes of this
Division 92, has all the rights and powers over its harbor as it does over
its other property, and its rights and powers include but are not limited
to the following:
(a) To furnish complete harbor facilities and services, including but
not limited to: launching, mooring, docking, storing, and repairing
facilities and services; parking facilities for motor vehicles and boat
trailers; and roads for access to the harbor.
(b) To acquire by gift, legacy, grant, purchase, lease, or by
condemnation in the manner provided for
the exercise of the right of
eminent domain under the Eminent Domain Act, and property necessary or appropriate for the purposes of this
Division 92, including riparian rights, within or without the city or
village.
(c) To use, occupy and reclaim submerged land under the public waters of
the State and artificially made or reclaimed land anywhere within the
jurisdiction of the city or village, or in, over, and upon bordering public
waters.
(d) To acquire property by agreeing on a boundary line in accordance
with the procedures set forth in Sections 11-123-8 and 11-123-9.
(e) To locate and establish dock, shore and harbor lines.
(f) To license, regulate, and control the use and operation of the
harbor, including the operation of all waterborne vessels in the harbor and
within 1000 feet of the outer limits of the harbor, or otherwise within the
jurisdiction of the city or village, except that such city or village shall
not forbid the full and free use by the public of all navigable waters, as
provided by federal law.
(g) To charge and collect fees for all facilities and services, and
compensation for materials furnished.
(h) To appoint harbor masters and other personnel, defining their duties
and authority.
(i) To enter into contracts and leases of every kind, dealing in any
manner with the objects and purposes of this Division 92, upon such terms
and conditions as the city or village determines.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-92-4) (from Ch. 24, par. 11-92-4)
Sec. 11-92-4.
The city or village shall submit its plan for any construction
to be undertaken under this Division 92 for approval to: (a) the Department
of Natural Resources of the State of Illinois, and to
(b) the proper officials
of the United States Government.
(Source: P.A. 89-445, eff. 2-7-96.)
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(65 ILCS 5/11-92-5) (from Ch. 24, par. 11-92-5)
Sec. 11-92-5.
All right, title and interest of the State of Illinois in and
to submerged lands, naturally and artificially made or reclaimed lands,
both within the boundaries of the harbor and adjoining its outer or water
side, are hereby vested in the city or village for harbor and other public
purposes, and the same shall be under the jurisdiction of the city or
village. The harbor, and all real and personal property connected
therewith, owned and operated by a city or village under the provisions of
this Division 92, are exempt from taxation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-92-6) (from Ch. 24, par. 11-92-6)
Sec. 11-92-6.
The city or village has power to borrow money by issuing
its bonds in anticipation of its revenue from such harbor or from any
buildings, structures or facilities to accomplish any of the purposes of
this Division 92 and to refund such bonds. Such bonds shall be authorized
by ordinance and may be issued in one or more series, and bear dates of
maturity at such time or times not to exceed 40 years from their respective
dates, bear interest at such rates not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, payable semi-annually, be in such denominations, be
in such form either coupon or registered, be executed in such manner, be
payable in such medium of payment at such place, be subject to such terms
of redemption with or without premium, and may be registerable as to
principal or as to both principal and interest as the ordinance may provide.
The bonds are negotiable instruments. The bonds shall be sold at a price
so that the interest cost of the proceeds thereof shall not exceed 7% per
annum, payable semi-annually, computed to maturity according to standard
tables of bond values, and shall be sold in such manner and at such time as
the city or village shall determine.
Pending the preparation or execution of definitive bonds, interim
receipts or certificates or temporary bonds may be delivered to the
purchasers or pledgees of these bonds. These bonds bearing the signature of
officers in office on the date of the signing thereof shall be valid and
binding obligations notwithstanding that before delivery thereof and
payment therefor any or all of the persons whose signatures appear thereon
cease to be such officers.
No holder of any bond issued under this law shall ever have the right to
compel any exercise of taxing power of the city or village to pay the bond
or interest thereon. Each bond issued under this Division 92 is payable
solely from the revenue derived from the operation of the harbor and
facilities. The bond shall not in any event constitute a debt of the city
or village within any statutory or constitutional limitations, and this
shall be plainly stated on the face of each bond.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-92-7) (from Ch. 24, par. 11-92-7)
Sec. 11-92-7.
The corporate authorities of any city or village availing
under this Division 92 shall adopt an ordinance describing in a general way
the harbor and facilities thereof, or relating thereto, to be constructed,
enlarged, improved, operated and maintained as a harbor for the use and
benefit of the public, and refer to the general plans and specifications
therefor prepared for that purpose. These plans and specifications shall be
open to the inspection of the public. Any such ordinance shall set out the
estimated cost of the harbor or facilities thereof, or relating thereto,
and shall fix the maximum amount of revenue bonds proposed to be issued
therefor. This amount shall not exceed the estimated cost of the harbor and
facilities, including engineering, legal and other expenses, together with
interest cost to a date 12 months subsequent to the estimated date of
completion. Such ordinance may contain such covenants which shall be part
of the contract between the city or village and the holders of such bonds
and the trustee, if any, for the bondholders having such rights and duties
as may be provided therein for the enforcement and protection of such
covenants as may be deemed necessary and advisable as to:
(a) The issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of such harbor or
buildings, structures and facilities, and for the payment of the principal
and interest on such bonds;
(b) The regulations as to the use of any such harbor and facilities to
assure the efficient use and occupancy thereof;
(c) Kind and amount of insurance to be carried, including use and
occupancy insurance, cost of which shall be payable only from the revenues
derived from the harbor and facilities;
(d) Operation, maintenance, management, accounting and auditing,
employment of harbor engineers and consultants, and keeping of records,
reports and audits of any such harbor and facilities;
(e) The obligation of the city or village to maintain the harbor and
facilities in good condition and to operate same in an economical and
efficient manner;
(f) Providing for setting aside any sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful and
the regulation and disposition thereof;
(g) Providing for the setting aside of a sinking fund into which shall
be payable from the revenues of such harbor and facilities from month to
month as such revenues are collected such sums as will be sufficient to pay
the accruing interest and retire the bonds at maturity;
(h) Agreeing to fix and collect fees and rents and other charges for the
use of such harbor or facilities, sufficient together with other available
money to produce revenue adequate to pay the bonds at maturity and accruing
interest and reserves therefor, and sufficient to pay cost of maintenance,
operation and depreciation thereof in such order of priority as shall be
provided by the ordinance authorizing the bonds;
(i) Fixing procedure by which the terms of any contract with the holders
of the bonds may be amended, the amount of bonds the holders of which must
consent thereto, and the manner in which consent may be given;
(j) Providing the procedure for refunding such bonds;
(k) Providing whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
ordinance, or the trustee, if any, therefor may
by action, mandamus, injunction or other proceedings, enforce
or compel the
performance of all duties required by this Division 92, including the
fixing, maintaining and collecting of such fees, rates or other charges for
the use of the harbor or other facilities, or for any service rendered by
the city or village in the operation thereof as will be sufficient,
together with other available money, to pay the principal of and interest
upon these revenue bonds as they become due and reserves therefor and
sufficient to pay the cost of maintenance and operation and depreciation of
the harbor and facilities in the order of priority as provided in the
ordinance authorizing the bonds and application of the income and revenue
thereof;
(m) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the harbor and facilities,
and prompt payment of the principal of and interest upon the bonds so
authorized.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-92-8) (from Ch. 24, par. 11-92-8)
Sec. 11-92-8.
The corporate authorities may enter into a trust
agreement to secure payment of the bonds issued under the provisions of
Section 11-92-7.
After the ordinance has been adopted, it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the city or village, or, if there is no such
newspaper, then in a newspaper having a general circulation in the
county wherein such city or village, or the greater or greatest portion
in area of the city or village, lies.
The publication of the ordinance shall be accompanied by a notice of (1)
the specific number of voters required to sign a petition requesting the
submission to the electors of the question of acquiring and operating
or constructing and operating a harbor project and issuing bonds for such
project; (2) the time in which the petition must be filed; and (3) the date
of the prospective referendum. The municipal clerk shall provide a petition
form to any individual requesting one.
If no petition is filed with the municipal clerk within 30 days after
the publication of the ordinance, the ordinance shall be in effect.
However, if within 30 days after the publication of the ordinance a
petition is filed with the clerk of the city or village signed by
electors of the city or village numbering 10% or
more of the number of
registered voters in the city or
village,
asking that the question of acquiring and operating or constructing and
operating such harbor project and the issuance of the bonds for the
harbor project be submitted to the electors of the city or village, the
municipal clerk shall certify that question for submission at an election
in accordance with the general election law.
The question shall be in substantially the
following form:
Shall the City (or Village) YES of .... issue revenue
bonds for acquiring (or constructing) a harbor? NO
If a majority of the electors voting upon that question vote in favor of
the issuance of the bonds, the ordinance shall be in effect, otherwise
the ordinance shall not become effective.
(Source: P.A. 87-767 .)
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(65 ILCS 5/11-92-9) (from Ch. 24, par. 11-92-9)
Sec. 11-92-9.
Whenever revenue bonds are issued and outstanding under this
Division 92, the entire revenue received from the operation of the harbor
or facilities thereof or relating thereto shall be deposited in a separate
fund which shall be used only in paying the principal and interest of these
revenue bonds and reserves therefor and the cost of maintenance, operation
and depreciation of the harbor and facilities in such order of priority as
shall be provided by the respective ordinances authorizing revenue bonds.
However, no priority accorded by such an ordinance may be impaired by a
subsequent ordinance authorizing revenue bonds unless specifically so
permitted by a covenant of the kind authorized to be included in an
ordinance by Section 11-92-7. Such revenue in excess of requirements for
payment of principal of and interest upon these bonds and reserves and for
payment of cost of maintenance, operation and depreciation of the harbor
and facilities may be used for rehabilitation of the harbor and facilities,
necessary reconstruction and expansion, construction of new facilities or
for retirement of any outstanding bonds issued for harbor purposes. After
all such bonds have been paid, such revenues may be transferred to the
general corporate fund of the city or village and may be used for the
maintenance, operation, repair and development of the harbor or facilities
or for any corporate purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-92-10) (from Ch. 24, par. 11-92-10)
Sec. 11-92-10.
The city or village has the power to secure grants and loan,
or either, from the United States Government, or any agency thereof, for
financing the planning, establishment and construction, enlargement and
improvement of any harbor or any part thereof, authorized by this law. For
such purposes it may issue and sell or pledge to the United States
Government, or any agency thereof, all or any part of the revenue bonds
authorized under this law, and execute contracts and documents and do all
things that may be required by the United States Government, or any agency
thereof, provided that such contracts and documents do not conflict with
the provisions of any ordinance authorizing and securing the payment of
outstanding bonds of the city or village theretofore issued that are
payable from the revenues derived from the operation of the harbor or
facilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-92-11) (from Ch. 24, par. 11-92-11)
Sec. 11-92-11.
The state and all counties, cities, villages, incorporated
towns and other municipal corporations, political subdivisions and public
bodies, and public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan associations,
savings and loan associations, investment companies and other persons
carrying on a banking business, all insurance companies, insurance
associations and other persons carrying on an insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, moneys or other funds belonging to them
or within their control in any bonds, including refunding bonds, issued
pursuant to this law, it being the purpose of this section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers. Nothing contained in this section
may be construed as relieving any person, firm, or corporation from any
duty of exercising reasonable care in selecting securities for purchase or
investment.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 93 heading) DIVISION 93.
POWER TO ACQUIRE PIERS
AND BEACHES
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(65 ILCS 5/11-93-1) (from Ch. 24, par. 11-93-1)
Sec. 11-93-1.
The corporate authorities of each municipality may acquire by
eminent domain private lands bordering upon public or navigable waters,
useful or desirable for bathing beaches and recreation piers.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 94 heading) DIVISION 94.
SWIMMING POOL, ARTIFICIAL ICE SKATING
RINK AND GOLF COURSE REVENUE BONDS
|
(65 ILCS 5/11-94-1) (from Ch. 24, par. 11-94-1)
Sec. 11-94-1.
Any municipality with a population of less than 500,000 has the power to
construct or acquire and purchase or improve and operate natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball or
squash courts, artificial ice skating
rinks and golf courses, or any other recreational facility or any combination
of facilities, borrow money and as evidence thereof to issue its
bonds payable solely from the revenue derived from the operation of the
natatoriums or swimming pools, indoor or outdoor tennis courts, handball,
racquetball or squash courts, artificial
ice skating rinks or golf courses, or any other recreational facility, or
any combination of said facilities,
as the case may be. These bonds may be issued in such amounts as may be
necessary to provide sufficient funds to pay all the cost of the
construction or acquisition and purchase or improvement of the natatoriums
or swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating
rinks or golf courses, or any other recreational facility or any combination
of facilities, including
engineering, legal, and other expenses, together with interest on the bonds
to a date 6 months subsequent to the estimated date of completion. In
addition such bonds may be issued for the purpose of paying or refunding
any unpaid obligations which are payable from the revenues of any of said
facilities referred to above or any combination thereof. The bonds are
negotiable instruments and shall be executed by the mayor or president, and
the municipal clerk.
In case an officer whose signature appears on the bonds, or coupons
attached thereto, ceases to hold his office before the delivery of the
bonds, his signature, nevertheless, shall be as valid and sufficient for
all purposes as if he had remained in office until the bonds were
delivered.
A municipality has the power to acquire by purchase, gift, or
condemnation, property necessary or appropriate for the purpose of
exercising the powers granted by this Section.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-437.)
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(65 ILCS 5/11-94-1.1) (from Ch. 24, par. 11-94-1.1)
Sec. 11-94-1.1.
Whenever there are unpaid obligations previously issued which are
payable solely from the revenue of any existing recreational facility, the
unpaid obligations may be refunded
by the issue and exchange therefor of revenue bonds, to be issued under
this Division, with the consent of the respective holders of the unpaid
obligations. The holders of revenue bonds issued under this Division,
whether (1) for refunding or (2) for construction, acquisition, purchase or
improvement, or both, have the same rights and privileges with respect to
payment and there is no distinction between revenue bonds issued for the
two purposes unless it is specifically provided in the ordinance
authorizing the issuance of bonds that the bonds, or such ones thereof as
may be specified, issued for such construction, acquisition, purchase or
improvement, shall, to the extent and in the manner prescribed, be
subordinated and be junior in standing, with respect to the payment of
principal and interest and the security thereof, to such other bonds
payable from the revenue of the facility or facilities specified in such
ordinance. Whenever any unpaid obligations previously issued which are
payable solely from the revenue or any facility or facilities under this
Division are refunded, the unpaid obligations shall be surrendered and
exchanged for revenue bonds of a total principal amount which shall not be
more but may be less than the principal amount of the obligations exchanged
and the interest thereon to the date of exchange. If any outstanding bonds
issued under the provisions of this Division 94 are to be paid or refunded
the ordinance shall state the means of paying or refunding such bonds.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 79-437.)
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(65 ILCS 5/11-94-2) (from Ch. 24, par. 11-94-2)
Sec. 11-94-2.
Whenever the corporate authorities of a specified
municipality determine to construct or acquire and purchase or improve
natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating rinks or
golf courses, or any combination of said facilities and to issue bonds
under this Division 94 to pay the cost or purchase price thereof, the
corporate authorities shall adopt an ordinance describing in a general
way the contemplated project and refer to plans and specifications
therefor when the project is to be constructed. These plans and
specifications shall be filed in the office of the municipal clerk and
shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% annually, payable annually or semi-annually and all
the details in connection with the bonds. However, from the effective
date of this amendatory Act of 1976 through and including June 30, 1977,
such interest rate shall not exceed 9%. The bonds shall mature within
the period of usefulness of the project as determined by the corporate
authorities. The ordinance may also contain such covenants and
restrictions upon the issuance of additional revenue bonds thereafter as
may be deemed necessary or advisable for the assurance of the payment of
the bonds thereby authorized. The ordinance shall also pledge the
revenue derived from the operation of the natatoriums or swimming pools,
indoor or outdoor tennis courts, handball, racquetball or squash courts,
artificial ice skating rinks or the golf courses, or any other
recreational facility or any combination of facilities as the case may
be, for the purpose of paying maintenance and operation costs, providing
an adequate depreciation fund, and paying the principal and the interest
of the bonds issued under this Division 94. The ordinance may also
pledge the revenue derived from the operation of existing natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or golf courses, or any
combination of facilities.
Within 30 days after this ordinance has been passed it shall be
published at least once 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 publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of constructing or acquiring and purchasing or
improving and operating such recreation facility and the issuance of bonds
to be submitted to the electors; (2) the time in which such petition must
be filed; and (3) the date of the prospective referendum. The municipal
clerk shall provide a petition form to any individual requesting one.
If no petition is filed with the municipal clerk within 30 days after
the publication, or posting of the ordinance, the ordinance shall be in
effect. But if within this 30 day period a petition is so filed, signed
by electors of the municipality numbering 10% or more of the number of
registered voters in the municipality asking that the question of
constructing or acquiring and purchasing or improving and operating such
natatoriums or swimming pools, indoor or outdoor tennis courts, handball,
racquetball or squash courts, artificial ice skating rinks or golf courses,
or any other recreational facility or any combination of facilities, and
the issuance of such bonds be submitted to the electors of the
municipality, the municipal clerk shall certify that question for
submission at an election in accordance with the general election law.
If a majority of the electors voting upon that question
vote in favor of constructing or acquiring and purchasing or improving
and operating the natatoriums or swimming pools, indoor or outdoor
tennis courts, handball, racquetball or squash courts, artificial ice
skating rinks or golf courses, or any other recreational facility or any
combination of facilities, and the issuance of the bonds, the ordinances
shall be in effect. But if a majority of the votes cast are against
constructing or acquiring and purchasing or improving and operating the
natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating rinks or
golf courses, or any other recreational facility or any combination of
facilities, and the issuance of the bonds, the ordinance shall not go
into effect.
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.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 86-4; 87-767.)
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(65 ILCS 5/11-94-3) (from Ch. 24, par. 11-94-3)
Sec. 11-94-3.
Bonds issued under this Division 94 shall be payable
solely from the revenue derived from the operation of the natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or golf courses, or any
other recreational facility or any combination of facilities, as the
case may be, and shall not in any event constitute an indebtedness of
the municipality within the meaning of any constitutional or statutory
limitation. It shall be plainly stated on the face of each bond that
the bond has been issued under this Division 94 and that it does not
constitute an indebtedness of the municipality within any constitutional
or statutory limitation.
The bonds shall be sold in such manner and upon such terms as the
corporate authorities shall determine. If they are issued to bear
interest at the maximum annual rate authorized in Section 11-94-2, they
shall be sold for not less
than par and accrued interest. If they are issued to bear interest at a
rate of less than the maximum annual rate authorized in Section 11-94-2,
the minimum price at which they may be
sold shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed the maximum annual rate authorized
in Section 11-94-2, computed to
maturity, according to the standard table of bond values.
This amendatory Act of 1973 is not a limit upon any municipality
which is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 79-1420.)
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(65 ILCS 5/11-94-4) (from Ch. 24, par. 11-94-4)
Sec. 11-94-4.
Whenever revenue bonds are issued under this Division
94, all revenue derived from the operation of the natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or golf courses, or any
other recreational facility or any combination of facilities, as the
case may be, shall be deposited in a separate fund designated as the
natatorium or swimming pool, indoor or outdoor tennis courts, handball,
racquetball or squash courts, artificial ice skating rink or golf course
or recreational facilities fund of the municipality. This fund shall be
used only in paying the cost of operation and maintenance of the
natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating
rinks or golf courses, or any other recreational facility or any
combination of facilities in providing an adequate depreciation fund,
and in paying the principal of and interest upon the revenue bonds of
the municipality issued under this Division 94.
A depreciation fund is a fund for such replacements as may be
necessary from time to time for the continued effective and efficient
operation of the facility or facilities. Such a fund shall not be
allowed to accumulate beyond a reasonable amount necessary for that
purpose and shall not be used for extensions to the natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or golf courses.
This amendatory Act of 1973 is not a limit upon any municipality
which is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-94-5) (from Ch. 24, par. 11-94-5)
Sec. 11-94-5.
Each municipality which issues bonds and constructs
or acquires or improves a facility under this Division 94 shall charge
for the use thereof at a rate which at all times is sufficient to pay
maintenance and operation costs, depreciation and the principal and
interest on the bonds. Such a municipality may make, enact, and enforce
all needful rules and regulations for the construction, acquisition,
improvement, extension, management, maintenance, care, and protection of
its natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating rinks or
golf courses, or any other recreational facility, or any combination of
facilities, as the case may be, and for the use thereof. Charges or
rates for the use of the facility shall be established, revised,
maintained, and payable as the corporate authorities may determine by
ordinance.
While any bond issued under this Division 94 is outstanding, such a
municipality is required to maintain and operate its natatoriums or
swimming pools, indoor or outdoor tennis courts, handball, racquetball
or squash courts, artificial ice skating rinks or golf courses, or
any other recreational facility, or any combination of facilities, as
long as it can do so out of the revenue derived from the operation
thereof. It shall not sell, lease, loan, mortgage or in any other
manner dispose of the natatoriums or swimming pools, indoor or outdoor
tennis courts, handball, racquetball or squash courts, artificial ice
skating rinks or golf courses, or any other recreational facility, or
any combination of facilities, until all of the bonds so issued have
been paid in full, both principal and interest or until provision has
been made for the payment of all of the bonds and interests thereon in
full.
Such a municipality shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of
its natatoriums or swimming pools, indoor or outdoor tennis courts,
handball, racquetball or squash courts, artificial ice skating rinks or
golf courses. At least once each year, the municipality shall have the
accounts properly audited. A report of this audit shall be open for
inspection at all times to any taxpayer, or to a holder of any bond or
coupon of any bond issued under this Division 94, or to their respective
representatives.
This amendatory Act of 1973 is not a limit upon any municipality
which is a home rule unit.
This amendatory Act of 1975 is not a limit upon any municipality
which is a home rule unit.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-94-6) (from Ch. 24, par. 11-94-6)
Sec. 11-94-6.
The holder of any bond or of a coupon of any bond issued under this
Division 94, in any civil action, mandamus, injunction or other proceeding,
may enforce
and compel performance of all duties required by this Division 94. This
shall include the duties of establishing and collecting sufficient rates or
charges for the use of the natatoriums or swimming pools, indoor or outdoor
tennis courts, artificial ice skating rinks or golf courses, or any
combination of said facilities, for the purposes specified in Section
11-94-5 and the application of the revenue thereof as provided by Section
11-94-4.
This amendatory Act of 1973 is not a limit upon any municipality which
is a home rule unit.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-94-7) (from Ch. 24, par. 11-94-7)
Sec. 11-94-7.
Bonds issued by municipalities under "An Act authorizing
cities, villages, incorporated towns or park districts to construct and
operate a natatorium or swimming pool, to charge for the use of the same
and to provide for the cost thereof by issuing bonds payable solely from
revenue derived from the operation thereof, and to repeal an Act herein
named," approved February 20, 1935, as amended, shall be treated as having
been issued under this Division 94.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-94-8) (from Ch. 24, par. 11-94-8)
Sec. 11-94-8.
A municipality which owns a swimming pool or natatorium and
is subject to this Act may finance the cost of substantial improvements,
repairs or replacements by the issuance of bonds payable solely from the
revenue of the swimming pool or natatorium. The bonds shall be issued in
accordance with the terms of this Act relating to the original issue of
swimming pool or natatorium bonds, and may be subordinate to outstanding
bonds issued for the purchase or construction of the swimming pool or
natatorium.
The holders of the bonds have the same rights and privileges, subject to
any subordination that may be provided for, as the holders of the original
bonds issued under this Division.
The additional revenue bonds may be issued subject to the referendum
provision contained in Section 11-94-2 of this Act.
(Source: Laws 1967, p. 1342.)
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(65 ILCS 5/Art. 11 Div. 95 heading) DIVISION 95.
RECREATION SYSTEMS
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(65 ILCS 5/11-95-1) (from Ch. 24, par. 11-95-1)
Sec. 11-95-1.
The corporate authorities of every municipality with a
population of less than 500,000 may dedicate and set apart for use as
playgrounds, or recreation centers, any land or buildings which are
owned or leased by the municipality and are not dedicated or devoted to
another and inconsistent public use. Such a municipality, in such manner
as provided by law for the acquisition of land or buildings for public
purposes by the municipality, may acquire or lease land or buildings, or
both, within or beyond the corporate limits of the municipality, for
playgrounds and recreation centers. When the corporate authorities of
the municipality so dedicate, set apart, acquire, or lease land or
buildings for those purposes, they may provide for their conduct,
equipment, and maintenance according to the provisions of this Division
95, by making an appropriation from the general municipal funds. But no
land or buildings shall be so acquired or leased for a playground or
recreation center nor shall any appropriation be made for the
acquisition, conduct, equipment, or maintenance of a playground or
recreation center unless the question of such acquisition or
appropriation has been certified by the clerk to the proper election officials
and submitted by them to the voters at an election in the municipality
under the provisions of
"An Act to provide for the acquisition, equipment, conduct and
maintenance of public playgrounds and recreation centers in and by
cities, towns and villages of less than one hundred and fifty thousand
inhabitants," approved June 24, 1921, as amended, and in accordance with
the general election law, and a majority of the votes cast on the proposition
were or are
in favor of that action.
(Source: P.A. 81-1535.)
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(65 ILCS 5/11-95-2) (from Ch. 24, par. 11-95-2)
Sec. 11-95-2.
The corporate authorities of a municipality with a population
of less than 500,000 may establish, maintain, and operate a recreation
system in any public park of the municipality or in any land or building
dedicated or set apart by the municipality for use as a playground or
recreation center. The corporate authorities may vest the power to provide,
maintain, and conduct playgrounds and recreation centers in the school
board, park board, or other existing body, or in a recreation board. Any
board so designated has the power to maintain, equip, and operate
playgrounds and recreation centers and the buildings thereon, and for that
purpose may employ recreation leaders, center directors, supervisors,
recreation superintendents, or such other officers or employees as they may
deem proper.
The corporate authorities of the municipality, or the specified board
when designated, has the power to provide, maintain, equip, and operate
swimming pools as a part of such a recreation system or playgrounds or
recreation centers in any public park or land or building dedicated or set
apart as provided in this Division 95. The corporate authorities or the
specified board shall provide for the sanitation of these swimming pools
and shall provide proper protection for the public in the use thereof. They
may charge and collect reasonable fees for the use of these swimming pools
to cover the cost of operation thereof.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-3) (from Ch. 24, par. 11-95-3)
Sec. 11-95-3.
If the corporate authorities of a municipality specified in
Section 11-95-2 determine that the power to establish, conduct, and
maintain a recreation system shall be exercised by a recreation board, the
corporate authorities, by resolution or ordinance, shall establish a
recreation board in the municipality. This board shall possess all of the
powers and be subject to all of the responsibilities of the corporate
authorities under this Division 95. When established, the board shall
consist of 3, 5, 7, or 9 persons, as the corporate authorities may determine,
to be appointed by the mayor or president of the municipality with the consent
of the corporate authorities. The board shall serve without compensation.
Where the board is composed of 3 members their term of office shall be 3
years, and where composed of 5, 7, or 9 members, 5 years, or until their
successors are appointed and have qualified, except that the members of the
board first appointed shall be appointed for such terms that the term of one
member shall expire annually thereafter. If a vacancy occurs in the office of
any board member, the mayor or president shall appoint a successor to serve for
the unexpired term.
(Source: P.A. 87-1197.)
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